| Copyright (c) Queen's Printer, Victoria, British Columbia, Canada |
IMPORTANT INFORMATION |
1 In this Act:
"applicant" means a person applying for a disposition of Crown land under this Act or a former or other Act respecting Crown land;
"boundary by agreement" means a conventional boundary located by agreement between the government and the adjoining owner;
"commissioner" means the person appointed under the Public Service Act as commissioner in charge of any land recording district, and includes the minister, deputy minister, an assistant deputy minister and a person authorized by the minister to act for the minister in the portion of British Columbia for which he or she may be appointed to discharge the duties of a commissioner under this Act;
"construction purpose" includes, without limitation,
(a) the building or maintenance of a road, railway bed, runway, berm, dam, impoundment, breakwater, dike, levee, foundation, rock wall and other similar thing, and
(b) the providing of fill and riprap;
"conventional boundary" means a boundary consisting of a straight line or a series of straight lines of fixed direction and length conforming as nearly as possible to the natural boundary, but eliminating minor sinuosities;
"corporation" means a corporation incorporated or registered in British Columbia;
"Crown grant" means an instrument in writing conveying Crown land in fee simple;
"Crown land" means land, whether or not it is covered by water, or an interest in land, vested in the government;
"director" means a person employed under the Public Service Act and designated by the minister as a director for the purposes of this Act;
"disposition" means the act of disposal or an instrument by which the act of disposal is effected or evidenced, or by which an interest in Crown land is disposed of or effected, or by which the government divests itself of or creates an interest in Crown land;
"interest" in reference to land includes a right or estate in that land;
"land district" means a portion of British Columbia that is a land district under section 2;
"land recording district" means a portion of British Columbia that is a land recording district under section 3;
"natural boundary" means the visible high water mark of any lake, river, stream or other body of water where the presence and action of the water are so common and usual, and so long continued in all ordinary years, as to mark on the soil of the bed of the body of water a character distinct from that of its banks, in vegetation, as well as in the nature of the soil itself;
"public road" means a portion of Crown land designated or indicated as a road on a plan of survey made under this Act, whether or not a road is constructed, and includes a road allowance or walkway allowance established under section 79;
"registrar" means the registrar under the Land Title Act;
"registry" means the Crown land registry continued under section 7;
"reserved land" means Crown land that has been withdrawn from disposition under this or any other Act;
"right of way" means a statutory right of way as defined in the Land Title Act;
"surveyed land" means land the survey of which is accepted and confirmed by the signature of the Surveyor General on a plan made under this Act;
"Surveyor General" means the Surveyor General of British Columbia.
Part 1 — Land Districts and Land Recording Districts
2 The Lieutenant Governor in Council may, by regulation,
(a) constitute a part of British Columbia as a land district, and
(b) amend or cancel a land district whether constituted under this or a former Act.
3 The Lieutenant Governor in Council may, by regulation,
(a) constitute a part of British Columbia as a land recording district, and
(b) amend or cancel a land recording district whether constituted under this or a former Act.
4 The minister has the administration of all Crown land except land specifically under the administration of another minister, branch or agency of government.
6 (1) The minister is responsible for and may undertake, commission, coordinate and set standards for base mapping and land related information systems in British Columbia and for related remote sensing and survey control functions.
(2) The minister may distribute to any person a copy of any map, air photo or land related information made or obtained under subsection (1).
(3) The minister may make regulations prescribing fees for the purposes of subsection (2) of this section, section 7.1 (4) of the Park Act and section 3 (4) of the Protected Areas of British Columbia Act.
7 (1) The Crown land registry is continued to record all lands administered by the government, and to record the acquisition and disposition of those lands, for the purpose of maintaining an inventory of Crown land.
(2) The minister is responsible for the security and maintenance of the registry.
(3) The registry is to be open to any person during regular business hours for the examination and inspection of the records of the registry.
(4) Every ministry of the government must record in the registry all Crown lands under its administration, and the acquisition in fee simple and disposition of those lands, in a manner acceptable to the minister.
(5) Subsection (4) does not apply to the following:
(a) a public road or highway established under this Act, the Highway Act, the Transportation Act, the Community Charter or the Local Government Act;
(b) a forest service road established under the Forest Act;
(c) an agreement to harvest Crown timber under the Forest Act;
(d) a grazing or hay cutting licence or permit under the Range Act;
(e) lands dedicated, transferred or vested in the government under section 107 (1) or 108 (2) of the Land Title Act.
(6) No action may be brought by any person against the government for loss or damage caused by reliance on the records of the registry by that person for any reason or purpose including, without limitation, reliance for the purpose of establishing priorities of interest or reliance on the completeness of the records.
Part 2 — Disposition of Crown Land — General
8 (1) A person may not acquire by prescription, occupation not lawfully authorized or a colour of right, an interest in Crown land, or in any land as against the government's interest in it.
(2) A person does not acquire a right, vested or contingent, in Crown land, or a priority to Crown land by filing an application for Crown land under this Act.
(3) A disposition of Crown land is not binding on the government until the certificate of purchase, grant, lease, licence of occupation, right of way or easement is executed by the government under this Act.
(4) Negotiations or arrangements, whether in writing or otherwise, before the execution of the documents referred to in subsection (3) are not binding on and do not commit the government to perform or complete a disposition.
9 A person who is not a Canadian citizen or permanent resident of Canada is not entitled to a Crown grant unless the person's application for a disposition of Crown land was allowed before May 1, 1970.
10 (1) Subject to compliance with this Act and the regulations, a person of age 19 or over or a corporation or other association may apply for Crown land.
(2) Nothing in this Act obliges the government to consider an application for Crown land, or to dispose of Crown land on an application.
(3) Despite subsection (1), the minister may refuse to receive an application for Crown land if
(a) the application is incomplete,
(b) the land is reserved from disposition under section 15, or
(c) the land is withdrawn from disposition under section 16.
11 (1) Subject to compliance with this Act and the regulations, the minister may dispose of surveyed or unsurveyed Crown land by any of the following means, as the minister considers advisable in the public interest, to a person entitled under this Act:
(a) application;
(b) public auction;
(c) public notice of tender;
(d) public drawing of lots;
(e) public request for proposals;
(f) listing with a brokerage licensed under the Real Estate Services Act;
(g) land exchanges.
(2) The minister may, under subsection (1),
(a) sell Crown land,
(b) lease Crown land,
(c) grant a right of way or easement over Crown land, or
(d) grant a licence to occupy Crown land.
(3) In a disposition of Crown land under this section, the minister may impose the terms, covenants, stipulations and reservations the minister considers advisable, and without limiting those powers, the minister may impose some or all of the following terms:
(a) the applicant must personally occupy and reside on the Crown land for a period set by the minister;
(b) the applicant must do that work and spend that money for permanent improvement of the Crown land within that period the minister requires.
12 (1) If, under Part 8 of the Land Title Act, a petitioner establishes to the satisfaction of the minister that
(a) the registrar has made an order under Part 8 of the Land Title Act cancelling all or part of the areas that were dedicated by the deposit of a plan in the land title office, and
(b) none of the dedicated areas cancelled by the order are required by the government or are otherwise reserved from disposition,
the minister, on application by the petitioner, on terms the minister considers appropriate and on payment of the prescribed fees, may make a fee simple grant to the petitioner of all or part of a cancelled dedicated area on payment of consideration determined by the minister.
(2) An application under this section must be accompanied by a certified copy of the order of the registrar made under Part 8 of the Land Title Act.
(3) This section does not apply to land in respect of which the registrar has made a vesting order under section 135 of the Land Title Act.
13 (1) In a disposition of Crown land under this or a former Act in which a portion of the land is designated as a road in the instrument evidencing the disposition or in a map or plan attached to it, unless there is express provision in the instrument to the contrary, the road is deemed to be,
(a) in the case of a disposition made before January 3, 1977, 20.1168 m in width, being 10.0584 m on each side of the centre line of the travelled portion of the road, and
(b) in the case of a disposition made after January 2, 1977, 20 m in width, being 10 m on each side of the centre line of the travelled portion of the road.
(2) No part of the road referred to in subsection (1) passes to any person under the instrument.
14 (1) The minister may permit an applicant to occupy Crown land for any of the following:
(a) for a period not longer than 2 years to conduct appraisals, inspections, analyses, inventories, surveys or other investigations of the land or of its natural resources;
(b) for a period not longer than 2 years for any purpose authorized under this Act;
(c) to construct a road, non-commercial airstrip, bridge or trail over the land.
(2) A permit issued under subsection (1) (c) does not entitle the applicant to deny to any person the right to use the road, non-commercial airstrip, bridge or trail.
15 (1) In this section and section 16, "government body" means the Provincial government, a government corporation as defined in paragraphs (b) and (c) of the definition of "government corporation" in the Financial Administration Act, the federal government or a prescribed organization.
(2) The Lieutenant Governor in Council may, by order, reserve Crown land from disposition under this Act for any purpose that the Lieutenant Governor in Council considers advisable in the public interest, including for the use of a government body.
(3) An order under subsection (2) may authorize a government body to place, construct, maintain or operate any works, structures or other improvements on the reserved land.
(4) An order under subsection (2) may be subject to any terms and conditions the Lieutenant Governor in Council considers necessary or advisable.
(5) The Lieutenant Governor in Council may amend or cancel all or part of a reserve established under this or a former Act.
(6) An order under subsection (2) does not affect the minister's powers under section 14.
16 (1) The minister may temporarily withdraw Crown land from disposition under this Act for any purpose the minister considers advisable in the public interest, including for the use of a government body.
(2) The minister may authorize a government body to place, construct, maintain or operate any works, structures or other improvements on the land withdrawn under subsection (1).
(3) The minister may impose any terms and conditions the minister considers necessary or advisable on the use of land temporarily withdrawn under subsection (1).
(4) The minister may amend or cancel a withdrawal under subsection (1).
17 (1) The minister may, if the minister considers it advisable in the public interest, designate a portion of Crown land for a particular use or for the conservation of natural or heritage resources.
(1.1) The minister may impose any terms and conditions the minister considers necessary or advisable on the use of land designated under subsection (1).
(2) A portion of Crown land designated under subsection (1) is withdrawn from disposition under this Act for any purpose that is not, in the opinion of the minister, compatible with the purpose for which the land has been designated.
(3) The minister may amend or cancel a designation made under subsection (1).
18 (1) Except by order of the Lieutenant Governor in Council, on the terms the Lieutenant Governor in Council may specify, unfilled Crown land below the natural boundary of a body of water must not be disposed of by Crown grant under this Act,
(2) Except by order of the minister, on the terms the minister may specify, filled Crown land below the natural boundary of a body of water must not be disposed of by Crown grant under this Act.
19 Except by order of the minister, on the terms the minister may specify, Crown land must not be disposed of by Crown grant under this Act if the minister believes it is suitable for mining, quarrying, digging or removal of building or construction materials, including, without limitation,
(a) earth, soil, peat, marl, sand and gravel,
(b) rock and natural substances that are used for a construction purpose on land that is not within a mineral title or group of mineral titles from which the rock or natural substance is mined, and
(c) rock or a natural substance prescribed under section 2 (2) of the Mineral Tenure Act.
20 (1) Unless the applicant has first obtained a Crown grant to land covered by a prior certificate of purchase in the applicant's name, Crown land of an area greater than 520 ha must not be disposed of by Crown grant under this Act at any one time to any one applicant.
(2) Despite subsection (1), the minister may dispose of an area greater than 520 ha, by Crown grant, for commercial, industrial, railway or airport purposes.
21 (1) Crown land of an area greater than 520 ha must not be disposed of by lease under this Act to any one applicant.
(2) Despite subsection (1), the minister may dispose of, by lease, an area greater than 520 ha for grazing, commercial, industrial, railway, airport or watershed purposes.
22 Except with the prior approval of the minister, Crown land must not be leased under this Act for a term longer than 60 years.
23 Unless, in the opinion of the minister, Crown land is required for agricultural settlement and development or other higher economic use, Crown land that is suitable for the production of timber and pulpwood must not be disposed of by Crown grant under this Act.
24 A disposition of Crown land under this Act may provide for payment to the government of the value of the timber or a royalty on the timber on that land.
25 If an applicant purchases Crown land under section 11, the minister may, despite section 48, if the unpaid balance of the purchase price has been secured to the minister's satisfaction, issue a Crown grant before the full purchase price has been paid.
26 (1) Unless the minister orders otherwise in a particular case, if payment for Crown land is deferred, interest is to be charged at a prescribed rate on the outstanding balance from the date of the disposition.
(2) If money payable for a lease, right of way, easement, licence of occupation or royalty is not paid on the due date, interest may be charged at a prescribed rate on the unpaid sum from the date due.
(3) If payment of money for a survey carried out by or for the Surveyor General for a disposition of Crown land is deferred, interest on the deferred sum may be charged at a prescribed rate.
27 Unless otherwise expressly provided in the certificate of purchase, the right of a purchaser under a certificate of purchase is, from the date of the certificate, subject to all of the following:
(a) the terms, covenants, stipulations, reservations and exemptions contained in this Act, the regulations or in the Crown grant;
(b) highways, streets, roads, trails and other ways existing at that date over or through the land;
(c) the reservations, exceptions and rights of way endorsed at the minister's direction on the certificate.
28 Leases or other dispositions granted for mining, quarrying, digging or removal of building or construction materials, including without limitation
(a) earth, soil, peat, marl, sand and gravel,
(b) rock and natural substances that are used for a construction purpose on land that is not within a mineral title or group of mineral titles from which the rock or natural substance is mined, and
(c) rock or a natural substance prescribed under section 2 (2) of the Mineral Tenure Act,
may provide for payment of a royalty for material removed from the land at rates to be determined by the minister.
29 A disposition may provide for payment by the applicant of the cost of a survey of the land by or for the Surveyor General.
30 Subject to sections 20 and 21, on an application for a disposition, the minister may
(a) reduce or extend the area applied for or the length of the boundary lines of the area, or
(b) vary the location of the area.
31 (1) Subject to the terms, reservations and restrictions the Lieutenant Governor in Council considers advisable, the Lieutenant Governor in Council may transfer the administration, control and benefit of Crown land to the government of Canada either in perpetuity or for a specified period, and with or without consideration.
(2) Except to the extent that it so provides, a transfer under subsection (1) is not subject to section 50.
Part 3 — Application Procedure for Disposition of Crown Land
32 (1) An application for a disposition by purchase, lease or licence of occupation in the form specified by the minister, together with the application fee, must be made to the commissioner of the land recording district where the land is located.
(2) If the application complies with this Act and the regulations and has been accepted, the commissioner must retain one copy for his or her records and post one copy in his or her office.
(3) If the land is unsurveyed or if no evidence of survey is available, the applicant must
(a) before making the application, fix securely in the ground, at one corner of the land to be applied for, a squared post or squared tree, at least 1 m above the ground level, and securely attach to the post or tree a written notice in the form specified by the minister of the applicant's intention to make an application for a disposition of the land described in the notice, and
(b) with the application, provide the proof of the posting of the notice as required by the minister.
(3.1) The minister may waive compliance with subsection (3).
(4) Subsection (3) does not apply to
(a) a licence of occupation for a year or less, or
(b) a grant of right of way or easement.
33 (1) If the minister considers it advisable in the public interest, the minister may require the applicant to publish a notice of his or her application.
(2) The notice must
(a) be headed "Land Act: Notice of Intention to Apply for a Disposition of Crown Land",
(b) state the land recording district and location of the land,
(c) state the applicant's address and occupation,
(d) state the purpose for which the land is required,
(e) be signed by the applicant or his or her agent and
(f) give notice that the named applicant intends to apply for specific land or land described in relation to the post, of a named area, more or less.
(3) The applicant must publish the notice in the Gazette or a newspaper circulating in the land recording district where the land is located, or in both, for the number of issues and within the period required by the minister.
(4) The applicant must provide proof of publication of the notice.
34 (1) A person who is eligible to hold a disposition under this Act, but is a minor, may hold and assign the land as if he or she were of full age.
(2) A person who is a minor and who holds a certificate of purchase, lease, licence of occupation, right of way or easement of Crown land may hold and assign it as if he or she were of full age.
35 (1) The minister may require an applicant to obtain and file with the minister, at the applicant's expense, feasibility studies, environmental assessments, timber cruises, land valuation appraisals, or other information about the application required by the minister.
(2) If an application is made under section 32 or 40, or notice is given of an intention to make the application, the minister may estimate the cost
(a) to assess the impact of making the disposition, or
(b) to monitor compliance with terms to which the disposition would be subject if made.
(3) The minister may require the applicant or proposed applicant to pay to the Minister of Finance all or part of the anticipated cost before the notice is acted on, the application considered or the disposition made.
36 (1) The minister may require an applicant to deposit with the Minister of Finance a bond or other security for the performance and completion by the applicant of all the obligations and requirements specified by the minister.
(2) The security must be payable to the Minister of Finance for the amount and containing the terms required by the minister.
37 The minister may require an applicant to provide proof, by affidavit or otherwise, on a matter arising out of the application or on the applicant's financial affairs.
38 The minister may issue a lease of Crown land subject to the terms and reservations the minister considers advisable, including an option to purchase the land.
39 The minister may issue a licence to occupy and use Crown land, called a "licence of occupation", subject to the terms and reservations the minister considers advisable.
40 (1) The minister may, subject to terms and conditions the minister considers advisable,
(a) grant or otherwise create a right of way or easement over Crown land, and
(b) grant or otherwise create over Crown land, the title to which is not registered under the Land Title Act, an easement without a dominant tenement for any purpose necessary for the operation and maintenance of the grantee's undertaking, including a right to flood.
(2) An easement of the kind described in subsection (1) (b)
(a) is not registrable, and
(b) ceases to exist over land forming all or part of its servient tenement the title to which becomes registered under the Land Title Act, but continues over any part of its servient tenement the title to which remains unregistered.
(3) An applicant for a right of way or easement over Crown land must apply to the minister in the form and manner specified by the minister, accompanied by a map indicating the location of the proposed right of way or easement.
(4) An easement or right of way granted before or after May 1, 1970 may be continued or renewed by the minister for the period he or she believes proper, despite this Act or the Land Title Act, and even if the servient tenement has ceased to be Crown land.
(5) To the extent necessary to give effect to this section, the rule requiring an easement to have a dominant and a servient tenement is abrogated.
(6) In respect of easements other than rights of way
(a) this section is retroactive in its application and applies to all easements over Crown land whenever created, and
(b) the government is deemed always to have been able to create easements by grant or otherwise.
41 If an application for a disposition of unsurveyed Crown land has been approved subject to completion of a satisfactory survey, the minister may disallow the application if the survey is not completed in the time required by the minister or as extended by the Surveyor General.
42 (1) Unless otherwise specified by the minister, the date of a disposition under this Act is the date on which the instrument creating the disposition is executed on behalf of the government.
(2) [Repealed 2003-66-31.]
Part 4 — Disposition of Crown Land — Cancellation, Amendment and Abandonment
43 (1) If a person who holds a disposition of Crown land
(a) defaults in payment of money due to the government, or
(b) fails or neglects to observe or perform a covenant, stipulation or term required by the minister, or set out in the disposition,
the minister may send a notice by registered mail, addressed to the person at his or her last known address, requiring the person to pay the money due or to comply with the covenant, stipulation or term within 60 days after the notice is mailed.
(2) If the default, failure or neglect continues after the 60 day period, the minister may cancel the disposition.
(3) If the minister cancels a disposition under this section
(a) the interest in the Crown land of the holder of the disposition and of all persons claiming through the holder is forfeited and at an end,
(b) improvements to the land become government property, and
(c) money paid for the disposition is forfeited to the government.
(4) If the disposition is in respect of a right of way or easement, the minister may extend the time to pay or comply up to 2 years after the notice is mailed.
(5) If a disposition, registered in a land title office, is cancelled, the minister may, by a certificate signed and sealed by the minister and setting out the reason for the cancellation, require the registrar to cancel registration.
(6) The certificate referred to in subsection (5) is the authority for the registrar of the land title office to cancel the registration.
44 (1) If the minister considers it advisable, the minister may, for an approved application or a disposition, amend or correct the approval or disposition, disallow the application or cancel the disposition, or make those changes and adjustments in the approval or disposition he or she considers advisable, if the minister finds any of the following:
(a) a clerical error in the names or description of the applicant, the description of the Crown land, or any other material part of the approval or disposition;
(b) that the Crown land is not available for disposition;
(c) that the survey is incorrect;
(d) that information provided by the applicant is incorrect.
(2) If the minister disallows an application or cancels a disposition under this section, the minister may
(a) repay to the applicant all or part of the money paid on the application or disposition,
(b) repay to the applicant the applicant's survey costs, and
(c) pay to the applicant that compensation the minister considers advisable.
(3) If a cancelled or amended disposition is registered in a land title office, the minister may, by a certificate signed and sealed by the minister and setting out the reason for the cancellation or amendment, require the registrar to cancel or amend the registration.
(4) The minister's certificate referred to in subsection (3) is authority for the registrar to cancel or amend the registration.
45 (1) A person holding a disposition of Crown land may abandon and terminate a disposition by notifying the minister in writing.
(2) All improvements on the land and all money paid on account are absolutely forfeited to and become the property of the government on abandonment and termination of a disposition under subsection (1).
46 (1) Despite the cancellation or abandonment, unless the minister otherwise directs, the holder of a disposition that is cancelled or abandoned must pay all money and observe and perform all covenants, stipulations and terms of the disposition.
(2) Money remaining due to the government on a disposition is recoverable by the Minister of Finance as a debt due to the government.
47 The minister may, in his or her discretion, withhold from disposition, for a period of not longer than one year, Crown land in a cancelled or abandoned disposition.
48 (1) A Crown grant must issue in the name of an applicant for a disposition by purchase, subject to this Act, the regulations and the applicable terms, covenants and stipulations of any certificate of purchase, if the applicant pays the prescribed Crown grant fee and
(a) pays to the Minister of Finance the full purchase price, interest and all other money required to be paid for the disposition, and
(b) complies with the covenants, conditions and stipulations of the disposition.
(2) If an applicant dies and the conditions in subsection (1) are complied with, a Crown grant must issue to the personal representative of the deceased applicant.
49 (1) A disposition of Crown land in fee simple may be in a form specified by the minister.
(2) The minister may, in a form specified by the minister, issue a supplementary grant of the timber to the registered owner of the land if
(a) in a grant of Crown land, timber is reserved to the government, and
(b) the reserved timber is not held by any other person under licence, lease, permit, sale or other instrument from the government.
(3) A supplementary Crown grant is not to be issued under subsection (2) unless
(a) the minister considers it advisable, and
(b) the minister ascertains that the stumpage value of the timber is fully paid to the government.
50 (1) A disposition of Crown land under this or another Act
(a) excepts and reserves the following interests, rights, privileges and titles:
(i) a right in the government, or any person acting for it, to resume any part of the land that is deemed to be necessary by the government for making roads, canals, bridges or other public works, but not more than 1/20 part of the whole of the land, and no resumption may be made of any land on which a building has been erected, or that may be in use as a garden or otherwise;
(ii) a right in the government, or any person acting for it or under its authority, to enter any part of the land, and to raise and get out of it any geothermal resources, minerals, whether precious or base, as defined in section 1 of the Mineral Tenure Act, coal, petroleum and any gas or gases, that may be found in, on or under the land, and to use and enjoy any and every part of the land, and its easements and privileges, for the purpose of the raising and getting, and every other purpose connected with them, paying reasonable compensation for the raising, getting and use;
(iii) a right in any person authorized by the government to take and occupy water privileges and to have and enjoy the rights of carrying water over, through or under any part of the land granted, as may be reasonably required for mining or agricultural purposes in the vicinity of the land, paying a reasonable compensation to the grantee, the grantee's successors and assigns;
(iv) a right in any person authorized by the government to take from any part of the land granted, without compensation, gravel, sand, stone, lime, timber or other material that may be required in the construction, maintenance or repair of a road, ferry, bridge or other public work,
(b) conveys no right, title or interest to
(i) geothermal resources as defined in the Geothermal Resources Act,
(ii) minerals and placer minerals as defined in the Mineral Tenure Act,
(iii) coal,
(iv) petroleum as defined in the Petroleum and Natural Gas Act, or
(v) gas,
that may be found in or under the land, and
(c) conveys no right, interest or estate to highways, within the meaning of the Transportation Act, existing over or through the land at the date of the disposition.
(2) Subsection (1) applies whether or not express words are used in the disposition, but is subject to subsection (3).
(3) A disposition of Crown land under another Act that expressly authorizes the disposition on terms different from those referred to in subsection (1) may be made on those terms, and in that case the disposition must refer to the Act that authorizes the different terms and state the terms on which the disposition is made.
(4) A disposition of Crown land may, by express words, except or reserve to the government rights and privileges more extensive than those referred to in subsection (1).
(5) For all purposes, including section 23 of the Land Title Act, every disposition of Crown land is conclusively deemed to contain express words making the exceptions and reservations referred to in subsection (1) of this section, except to the extent that the disposition is made on different terms under subsection (3).
(6) The power under subsection (4) to except and reserve rights and privileges includes a power to create a right of way, and if this is done
(a) the government is, with respect to the right of way, a grantee,
(b) the right of way is conclusively deemed to be necessary for the operation and maintenance of the government's undertaking, and
(c) section 218 of the Land Title Act applies.
51 (1) Despite any other provision of this Act, Crown land may, with the approval of the Lieutenant Governor in Council and subject to the terms, reservations and restrictions that the Lieutenant Governor in Council considers advisable, be disposed of by Crown grant under this Act, free or otherwise, to a government corporation, municipality, regional district, hospital board, university, college, school board, francophone education authority as defined in the School Act or other government related body or to the Greater Vancouver Transportation Authority established under the Greater Vancouver Transportation Authority Act or any of its subsidiaries.
(2) A disposition under subsection (1) may be limited to a specific public purpose.
52 (1) If the minister finds that a term, covenant, stipulation, reservation or exemption in a Crown grant issued under this or a former Act, other than one contained in the forms prescribed by the Act under which the Crown grant was issued, has been included in error or is no longer required in the public interest, the minister may declare the Crown grant to be void and of no effect or may amend or replace it.
(2) A certified copy of the declaration made under subsection (1) may be filed with the registrar of the land title district.
(3) The registrar must attach the copy of the declaration referred to in subsection (2) to the Crown grant and make appropriate entries in the register as the registrar considers necessary.
(4) The power conferred by this section may be exercised whether or not title to the land is registered in a land title office.
53 (1) If, in a Crown grant under this Act, the minister finds an omission of the conditions of the Crown grant or the issue of a Crown grant under this or a former Act in the name of the wrong person or with a clerical error or defective description of the land intended to be granted, the minister may, if the minister considers it advisable, direct the defective Crown grant to be cancelled and a correct one issued, or make the changes and adjustments the minister considers advisable to rectify the error.
(2) A corrected Crown grant relates back to the date of the cancelled grant and has the same effect as if issued at the date of the cancelled grant.
(3) If the minister cancels a Crown grant under this section or if the minister finds that the Crown land was not available for disposition, or that the survey or information provided by the applicant was incorrect,
(a) section 44 (2) applies, or
(b) the minister may substitute other Crown land of a value that the minister considers reasonable in the circumstances.
(4) If other land is substituted, the minister must issue a Crown grant for the substituted land and, if the minister considers it advisable, the new grant may be dated as of the date of the original Crown grant.
(5) The substituted Crown grant has the same effect as if it had been issued on the original date.
(6) The power conferred by this section may be exercised whether or not title to the land has been registered in a land title office.
(7) If a grant is cancelled, the registrar of the appropriate land title office must cancel registration of the indefeasible title or absolute title of the land.
(8) A person who has possession of a cancelled Crown grant must deliver it to the minister when required to do so.
54 (1) A Crown grant issued after April 5, 1968 for land sold or for the issue of which provision is made under this Act or any other Act, general or special, must, on its issue, be transmitted to the proper land title office for registration.
(2) If the registrar is satisfied that the boundaries of the land are sufficiently defined by the description, the registrar must
(a) register the title granted in the register, subject to the provisions of the grant, in the name of the grantee, without application for registration, and
(b) give notice of the registration to the grantee.
(3) [Repealed 2004-66-56.]
(4) A Crown grant issued before April 6, 1968 is registrable under the law in force immediately before that date, but the fees for registration are those currently applicable and, on registration, the grantee is entitled to become the registered owner of the indefeasible title to the land.
55 (1) If Crown land is or has, before March 27, 1961, been disposed of by the government by Crown grant, and the map or plan attached to the grant shows a lake, river, stream or other body of water coloured, outlined or designated in a colour other than red, no part of the bed or shore of the body of water below its natural boundary passes or is deemed to have passed to the person acquiring the grant unless
(a) there is express provision in the grant to the contrary, or
(b) the Surveyor General otherwise directs by certificate under section 58.
(2) Nothing in any Act or rule of law to the contrary is to be construed to vest or to have vested in any person the land that comprises the bed or shore of the body of water below the natural boundary, and despite an indefeasible or absolute title to land, the title must be construed accordingly.
(3) When land, the title to which has been forfeited, reverted or otherwise returned to the government, is or has been granted by the government and the grant does not have a map or plan attached but describes the land granted by reference to its official plan, the description used is deemed not to include or to have included any land below the natural boundary of the body of water coloured, outlined or designated in a colour other than red on the map or plan attached to the last preceding Crown grant of that land, and the grant must be construed accordingly.
(4) Despite a rule of law to the contrary, if Crown land bordering on a lake, river, stream or a body of water is or has been granted by the government, in the absence of an express provision in the Crown grant to the contrary, no part of the bed or shore of the body of water below its natural boundary passes or is deemed to have passed to the person acquiring the land, and the Crown grant must be construed accordingly.
56 (1) Section 55 (1), (2) and (3) applies regardless of the area shown on the Crown grant or on the official plan, and the area of land shown on the map or plan attached to the Crown grant must not be reduced by any lettering or numbering on the map or plan.
(2) Section 55 does not affect the right of any of the following:
(a) a grantee from the government or a person claiming under the government, if the right has been determined by a court before March 27, 1961;
(b) the registered owner of land to whom an indefeasible or absolute title has issued before March 27, 1961 that specifically includes the bed of a body of water coloured, outlined or designated in a colour other than red on the map or plan attached to a Crown grant;
(c) the owner of land in a subdivision, the plan of which was deposited in the appropriate land title office before March 27, 1961, if the plan includes the bed of a body of water coloured, outlined or otherwise designated in a colour other than red on the map or plan attached to a Crown grant.
57 If Crown land is disposed of by Crown grant and the map or plan attached to the grant shows a road coloured, outlined or designated in a colour other than red, no part of the road passes to the grantee, and, unless there is express provision in the grant to the contrary, the road is deemed to be, for a grant issued
(a) before January 3, 1977, 20.1168 m in width, and
(b) after January 2, 1977, 20 m in width.
58 (1) If doubt exists whether a body of water or road shown on the map or plan attached to a grant from the government is included in the grant, or whether it is in the public interest that the part coloured other than in red need be retained by the government, a person proposing to subdivide may apply to the minister for a declaration of intention about that part.
(2) The application must be accompanied by a print of the proposed plan of subdivision.
(3) On receiving a plan certified by the registrar as being otherwise acceptable for deposit, the minister may, if the minister considers it advisable, endorse a declaration on the plan that the land is included in the grant or need not be retained by the government.
(4) The deposit in the land title office of an endorsed plan vests title to the land referred to in the declaration in the owner of the land covered by the plan without an instrument of transfer.
(5) If the title to the land contained in the plan is subject to a registered charge, the charge is deemed to be modified by including the land described in the declaration.
Part 6 — Trespass on Crown Land
59 (1) If a person does anything that is an offence under section 60 (a) to (g), the minister may, on notice to that person, do one or more of the following:
(a) require the person to cease the unauthorized occupation of the Crown land, give up possession of the land and restore the land to a condition satisfactory to the minister;
(b) require the person to cease the unauthorized use of the Crown land and restore the land to a condition satisfactory to the minister;
(c) require the person to pay to the Minister of Finance a sum of money considered by the minister reasonable in the circumstances
(i) for the occupation or possession or the restoration, or both the occupation or possession and the restoration, of the Crown land, or
(ii) for the use or the restoration, or both the use and the restoration, of the Crown land;
(d) cancel any lease, right of way, easement, licence of occupation, permit or other disposition held by the person under this Act;
(e) direct a sheriff or a public officer to seize on behalf of the government all improvements, goods, chattels or other materials on the Crown land or in or on water on the Crown land;
(f) require the person to remove any improvements made by the person on the Crown land, to the satisfaction of the minister, within the time specified in the notice and, on failure of the person to comply, the minister may remove the improvements and require the person to pay the cost of removal.
(2) The notice under subsection (1) or (4) must state the following:
(a) the time and place of the unauthorized occupation or possession, unauthorized use or other contravention;
(b) details of the unauthorized occupation or possession, unauthorized use or other contravention;
(c) the requirement, action or direction of the minister under subsection (1);
(d) if applicable, the time period within which the person must act on a requirement of the minister;
(e) if applicable, the amount of the penalty imposed under subsection (4) and the date by which the penalty must be paid.
(3) The notice under subsection (1) may be given
(a) by personal service on the person or by registered mail addressed to the person, or
(b) by posting it on the Crown land if the person is unknown.
(4) If a person to whom this section applies fails to act in accordance with the notice given under subsection (1), a government corporation or public officer to whom a power is delegated under section 97 (1) may, on notice to the person, require the person to pay to the government, in addition to any other amount or penalty under this Act or the regulations, a penalty of up to $1 000 for non-compliance with the notice.
(5) A notice may be issued more than once in respect of the same matter if a person does not comply with the first notice issued in respect of that matter.
(6) A person who has not been given notice by personal service or by registered mail is not liable for the penalty under subsection (4).
(7) Money required to be paid under this section is recoverable by the Minister of Finance as a debt due to the government.
(8) Anything seized under this section becomes the property of the government and the minister may, at the discretion of the minister, authorize it to be sold, rented, removed or destroyed.
(9) Nothing in this section limits, restricts or derogates from a court's power and jurisdiction in respect of an offence under section 60.
60 A person commits an offence if the person does any of the following:
(a) occupies or possesses Crown land without lawful authority;
(b) uses Crown land without lawful authority;
(c) being the holder of a lease, right of way, easement, licence of occupation, permit or other disposition issued under this Act, uses Crown land for a purpose not provided for in the disposition;
(d) is guilty of an act or default by which a lease, right of way, easement, licence of occupation, permit or other disposition issued under this Act may be terminated;
(e) constructs on Crown land a building, structure, enclosure or other works, or does or performs any dredging, excavation or filling, without the authorization of the minister;
(f) abandons on Crown land any vehicle or vessel without the authorization of the minister;
(g) unlawfully interferes with or removes a sign erected by or on behalf of the minister.
61 (1) If a person is required to pay money under section 59, the money
(a) is due and payable by the date specified for payment in the notice served on or delivered to the person who is required to pay it, and
(b) bears interest at a prescribed rate.
(2) If the person fails to pay the money after service or delivery of the notice referred to in subsection (1), the minister may issue and file with a court having jurisdiction a certificate stating
(a) the amount that remains unpaid including interest, and
(b) the name of the person who is required to pay.
(3) A certificate filed under subsection (2) has the same effect as an order of the court for the recovery of a debt in the amount stated in the certificate against the person named in it, and proceedings may be taken as if it were an order of the court.
62 A person who does anything that is an offence under section 60, or who directs or causes an offence to be committed under section 60, is liable to compensate the government or the person against whom the offence is committed for loss or damage suffered by the government or by that person because of the contravention.
63 (1) At any time before a disposition is made on an application, any person may object to the application by filing a notice of objection, setting out the particulars of the objection, in the office of the commissioner for the land recording district in which the land applied for is located.
(2) If a notice of objection is filed under subsection (1), the minister has the absolute discretion to decide whether or not the objection warrants a hearing, and if in the minister's opinion it does, the minister
(a) must appoint a person, who the minister considers to be qualified, to hold a hearing inquiring into that objection, and
(b) may provide for the person's remuneration.
(3) A person appointed under subsection (2) has the same power that the Supreme Court has for the trial of civil actions
(a) to summon and enforce the attendance of witnesses,
(b) to compel witnesses to give evidence on oath or in any other manner, and
(c) to compel witnesses to produce records and things.
(3.1) When a person appointed under subsection (2) exercises a power under subsection (3), a person who fails or refuses to do any of the following is liable, on application to the Supreme Court, to be committed for contempt as if in breach of an order or judgment of the Supreme Court:
(a) to attend;
(b) to take an oath;
(c) to answer questions;
(d) to produce the records or things in the person's custody or possession.
(3.2) Section 34 (5) of the Evidence Act does not apply to a hearing under this section.
(4) After the hearing into an objection filed under subsection (1), the person appointed to hold the hearing must submit to the minister a report containing recommendations that the person considers just respecting the disposition of the Crown land involved.
(5) The minister must review the report submitted under subsection (4) and, after taking into account the recommendations contained in the report, may make any order that the minister considers just respecting the disposition of the Crown land involved.
64 (1) A person affected by an order of the minister under section 63 (5) respecting the disposition of Crown land may appeal the order to the Supreme Court on a question of law.
(2) An appeal under subsection (1) must be commenced within 60 days after the order of the minister.
(3) The minister may appear and be heard or represented on the appeal and on any further appeal.
(4) The minister must be served with notice of an appeal.
(5) An appeal from a decision of the Supreme Court lies to the Court of Appeal with leave of a justice of the Court of Appeal.
65 Except as otherwise provided in this Act, a person lawfully entitled to occupy Crown land under a certificate of purchase, lease, right of way, easement or licence of occupation may, for that land, take proceedings against any person for recovery of possession of, or for trespass to, the interest in the land in the same manner and to the same extent as if the person were the registered owner of the land.
66 (1) The Lieutenant Governor in Council may, by regulation, prohibit a specific use of Crown land in a designated area.
(2) A person who uses Crown land in a designated area in a manner prohibited under subsection (1) commits an offence.
67 (1) A person must not throw, deposit, dump or in any way cause to be placed on Crown land any glass, metal, garbage, soil or other substance without the authority of the minister.
(2) A person who contravenes this section commits an offence.
(3) A member of the Provincial police force or a municipal police department may arrest, without warrant, a person whom the member finds committing an offence under this section, and may detain the person until the person can be brought before a justice to be dealt with according to law.
68 Every person who is convicted of an offence against this Act for which no penalty is provided is liable on conviction to a fine of not more than $20 000 or to imprisonment for a term not longer than 60 days, or to both the fine and imprisonment.
69 (1) Crown land may be surveyed into district lots, rectangular in shape and bounded by lines run as nearly as may be true north and south and east and west.
(2) Lots may, at the discretion of the Surveyor General, be polygonal in shape and oriented to conform to topography.
(3) The natural boundary of a body of water may be adopted as a boundary of adjoining land.
(4) A conventional boundary may be established in a survey of Crown land, and land defined by a conventional boundary carries with it the rights and incidents as if it were bounded by the natural boundary.
(5) Lots surveyed in a land district must be numbered in a consecutive numbering system for each land district.
(6) A location reference from the national topographic map system may be added.
72 (1) A survey may not be used or adopted for the purpose of this Act unless it is accepted and confirmed in writing by the Surveyor General on the official plan.
(2) A survey confirmed under subsection (1) is deemed for all purposes to have been made in compliance with this Act.
73 (1) The Association of British Columbia Land Surveyors may make rules under section 75 of the Land Surveyors Act for surveys under this Part.
(2) The Surveyor General may make regulations necessary or advisable for surveys conducted for the purposes of the Nisga'a Final Agreement as defined in the Nisga'a Final Agreement Act.
74 A person who is not a British Columbia land surveyor acting under instruction of the Surveyor General may not carry out a survey under this Act.
75 If examination discloses that a survey on the ground differs materially from the field notes or plan of survey of land filed in the ministry and confirmed by notice in the Gazette, or by the signature of the Surveyor General, or if for any other reason the Surveyor General considers it advisable, the Surveyor General may, by notice in the Gazette, cancel the field notes or plan of survey, and may order a resurvey of the land affected.
76 (1) The minister may cause a survey to be made of Crown land.
(2) Unless the minister otherwise orders, an applicant for unsurveyed Crown land must pay the cost of a survey of that land.
77 (1) On the request of a British Columbia land surveyor engaged by the applicant, the Surveyor General may issue instructions about the survey to the surveyor.
(2) The survey must be completed in the time specified in the instructions, and the survey records must be forwarded immediately to the Surveyor General, unless, in special circumstances, the Surveyor General extends the date for completion.
(3) If the survey is not completed and forwarded by the date or extended date specified, the surveyor must discontinue the survey and advise the applicant.
(4) A surveyor who discontinues a survey must immediately forward to the Surveyor General the field notes and the results of the work to date.
(5) If for any reason the survey is not satisfactory to the Surveyor General, the Surveyor General may require a further survey or report.
78 (1) The Surveyor General may reject a survey if the minister considers it is not in the public interest to dispose of the Crown land because of
(a) a report or a survey of a British Columbia land surveyor, or
(b) information received after the acceptance of an application for a disposition.
(2) [Repealed 2004-66-60.]
79 The Surveyor General may establish or cancel an allowance for a road or walkway on the border of or through a section, lot or block of Crown land.
80 (1) If the minister considers it advisable, the minister may authorize the Surveyor General to establish a public road allowance through Crown land to give access to privately owned land being subdivided.
(2) The Surveyor General may sign the subdivision plan.
81 (1) If land, subdivided under the Land Title Act by plan or description, has a natural boundary that adjoins Crown land, the owner may apply to the Surveyor General to replace the natural boundary by a boundary by agreement by deposit of a new subdivision plan in a land title office.
(2) The Surveyor General may by endorsement on the plan agree to the boundary by agreement and the subdivision plan.
82 The Surveyor General may, if he or she considers it advisable, carry out a reposting survey to replace lost original posts or monuments of a district lot or section, whether owned by the government or otherwise.
83 (1) The Surveyor General may, if he or she considers it advisable to replace a boundary established under an original survey and confirmed under any Act with a boundary by agreement, order a resurvey of that boundary.
(2) A resurvey under this section must not be ordered unless
(a) the Surveyor General receives an application from the owner of the land affected by the boundary,
(b) the owners, if any, of all registered charges against the land consent to the resurvey, and
(c) the land adjoins Crown land.
84 (1) If the Surveyor General considers it advisable, the Surveyor General may order a resurvey of land where posts or boundaries of an original survey of a district lot or section have disappeared and cannot be located.
(2) If Crown land has been disposed of, the Surveyor General must not order a resurvey under this section unless the Surveyor General receives an application for a resurvey from an owner of land within the area of the proposed resurvey.
85 (1) Section 75 does not apply to land granted by the government unless the grant or indefeasible or absolute title has been cancelled.
(2) Sections 83 (1) and 84 (1) do not apply if land is subdivided or if a survey is directed under the Land Survey Act.
86 (1) If a person makes an application to the Surveyor General for a resurvey under section 83 or 84, and the Surveyor General believes that other persons or owners of land are likely to be adversely affected by a resurvey, the Surveyor General must direct the applicant for the resurvey to publish a notice in a satisfactory form in one issue of the Gazette and one issue of a newspaper circulating in the land district.
(2) The notice must set out a time and place for a hearing of the resurvey application by the Surveyor General.
(3) At the time and place, the Surveyor General or a person appointed by the Surveyor General must
(a) hear the evidence of the applicant for a resurvey and of any person adversely affected, and
(b) decide whether to order the resurvey.
(4) The order of the Surveyor General under subsection (3) is final and binding on all persons, subject to appeal to the minister.
87 (1) The Surveyor General or the person appointed, on a hearing under section 86, may do the following:
(a) receive any evidence he or she thinks proper to admit;
(b) examine on oath a person affected and the person's witnesses;
(c) adjourn the hearing as he or she considers advisable.
(2) If the hearing is conducted by a person appointed by the Surveyor General, the person must report his or her decision immediately to the Surveyor General.
88 (1) The Surveyor General may by signing the plan confirm a plan of resurvey ordered by him or her, or, if the Surveyor General considers it advisable, may order supplementary work.
(2) On receiving the British Columbia land surveyor's report of the supplementary work, the Surveyor General may confirm the resurvey as originally submitted or with the amendments that the Surveyor General considers advisable.
89 If section 86 applies and the resurvey is complete, the person applying for it must deposit a copy of the new plan in the office of
(a) the commissioner of the land recording district, or
(b) the corporate officer of the municipality where the land is located.
90 On confirmation by the Surveyor General of a resurvey,
(a) the resurvey becomes and is for all purposes deemed to be the original survey of the land in or affected by the resurvey,
(b) the boundaries established by the previous survey have no further effect,
(c) the notes or plans of the previous confirmed survey have no further effect, and
(d) the Surveyor General must deposit a copy of the confirmed resurvey plan in the proper land title office.
91 (1) If on a resurvey a person acquires land and its improvements, the person must pay the person from whom the land and improvements are taken by the resurvey compensation in an amount set by the minister.
(2) If either person is dissatisfied with the amount of compensation set by the minister, the person may submit the dispute for arbitration
(a) by a single arbitrator, if both persons concur in his or her appointment, or
(b) by 3 arbitrators appointed under the Commercial Arbitration Act.
(3) The Commercial Arbitration Act applies to an arbitration under this section and the award is binding on the parties to the arbitration.
92 (1) If land is resurveyed under this Part, the owners or holders of dispositions contained in the plan of resurvey must jointly pay
(a) the cost of the resurvey,
(b) the fee and expense of a person appointed to hear objections under section 86, and
(c) any other cost and expense to complete and register the plan of resurvey.
(2) The minister must set the amount payable by each owner or holder of the total amount payable in the same proportion as each person's area bears to the total area of land contained in the plan of survey.
(3) If it is considered advisable by the minister or a municipality, the government or the municipality may assume all or part of the cost or expense referred to in subsection (1).
93 (1) If the land of an owner or holder of a disposition is in a rural area, the government may recover the amount payable by the owner or holder and not paid by the owner or holder, as if it were a tax levied under the Taxation (Rural Area) Act.
(2) The assessor must, on receipt of the minister's certificate of the amount owing, place the amount on the assessment roll against the land for recovery as tax.
(3) If the land of the owner or holder of a disposition is in a municipality, the municipality must pay the cost and expense not paid by the owner or holder.
(4) The municipality may recover an amount paid by it under this section as if it were a tax imposed under the Community Charter.
(5) The designated municipal officer must place the amount on the assessment roll against the land for recovery as tax.
Part 7.1 — Land Designation and Establishment of Objectives
93.02 Despite section 14 (2) of the Interpretation Act, this Part and the regulations and orders made under it affect and are binding on the government.
93.4 (1) For the purposes of the Forest and Range Practices Act, the minister by order may establish objectives for the use and management of
(a) Crown resources,
(b) Crown land, or
(c) private land that is subject to a tree farm licence, woodlot licence or community forest agreement.
(2) An order of the minister under subsection (1) may apply in respect of Crown resources or Crown land, whether or not the Crown resources or Crown land are also the subject of a designation made or an objective established by the Lieutenant Governor in Council under this Part.
93.5 (1) The minister must not establish an objective under section 93.4 in respect of Crown resources or Crown land unless the objective is consistent with every
(a) designation made under section 93.1, and
(b) objective established under section 93.3
that also applies in respect of the Crown resources or Crown land.
(2) In case of a conflict or inconsistency between an order of the minister under section 93.4 and a designation made under section 93.1 or an objective established under section 93.3 by the Lieutenant Governor in Council, the designation made or objective established by the Lieutenant Governor in Council prevails over the order of the minister.
93.6 (1) Before making an order under section 93.4 establishing or significantly amending an objective, the minister must make the proposed objective or particulars of the proposed amendment publicly available for
(a) review, and
(b) comment.
(2) Subsection (1) does not apply in respect of an order under section 93.4 if the minister
(a) is of the opinion that the order is urgently required to protect a resource value, and
(b) states that opinion in the order.
93.7 (1) The minister, in writing, may
(a) delegate a power or duty of the minister under sections 93.4 to 93.6 or under the regulations to a person, designated by name or position and employed in the ministry of the minister or in another ministry, and this Act applies to the delegate as if the delegate were the minister, except that the delegate may not sub-delegate the power or duty,
(b) provide directions that are binding on the delegate respecting the exercise of the power or the performance of the duty, and
(c) vary or revoke a delegation or direction.
(2) A delegation under any of sections 3 to 5 of the Forest Practices Code of British Columbia Act, which delegation was in effect immediately before the coming into force of this subsection, is continued as a delegation of the minister under subsection (1) of this section.
93.8 An objective established under section 3, 4 or 5 of the Forest Practices Code of British Columbia Act that, immediately before the coming into force of section 93.4 of this Act, was in effect for an area of
(a) Crown land, or
(b) private land that is subject to a tree farm licence, woodlot licence or community forest agreement
in a resource management zone or in a landscape unit or sensitive area is continued as an objective established by the minister under section 93.4 of this Act for that Crown land or private land.
93.81 The Lieutenant Governor in Council may make regulations respecting objectives established under section 93.4, including but not limited to regulations prescribing procedures and criteria that are to be followed by the minister or a delegate of the minister in establishing the objectives.
94 (1) Despite section 48, the minister may authorize the execution of a Crown grant if all money payable to the government for it has not been paid, as long as payment of the money has been secured to the satisfaction of the minister.
(2) If a Crown grant is executed under subsection (1), the minister may send to the registrar for the land title district in which the land is located a certificate signed by the minister containing the following:
(a) a description of the land satisfactory to the registrar;
(b) a statement of the principal sum remaining payable for the grant;
(c) the rate of interest payable;
(d) the terms of repayment;
(e) the name, address and occupation of the person who is to pay the money;
(f) an application, in a form that complies with the Land Title Act, to register the certificate as a charge in the land title office.
(3) A certificate under subsection (2) is deemed to be a mortgage to which sections 9 and 10 of the Land Transfer Form Act apply.
(4) The registrar must, without fee, register a certificate under subsection (2) as a charge against the title to the land described in it.
(5) Registration of the certificate creates a legal mortgage
(a) of the land described in it;
(b) by the person named in it as mortgagor;
(c) to the government as mortgagee;
(d) on terms prescribed under this Act for these mortgages, and on any other terms stated in it.
(6) The general law between mortgagor and mortgagee applies to a mortgage created under this section, and the government may enforce the mortgage by a proceeding in a court for foreclosure, payment of the mortgage debt, possession, judicial sale, the appointment of a receiver and by any other remedy ordinarily available to a mortgagee to enforce the security.
(7) On payment of the mortgage debt, the minister must send a certificate of discharge to the registrar, who must cancel the registration of the charge.
95 (1) If the Lieutenant Governor in Council considers it advisable in the public interest, the Lieutenant Governor in Council may
(a) authorize the exchange of Crown land for other land of substantially the same value, or
(b) accept in exchange for Crown land other land of less value, together with payment of money for the difference in value.
(2) Crown land exchanged under this section must be conveyed by Crown grant under this Act, subject to the terms, covenants, stipulations, reservations or exemptions the minister considers advisable.
(3) Despite any other Act, if timber on the Crown land and on the other land exchanged under this section are not, under the Forest Act, subject to the same royalty rates, the Lieutenant Governor in Council may, by increasing or decreasing the royalty rate on the timber on the Crown land, equalize the royalty rates.
96 (1) If Crown land is occupied, with or without lawful authority, before the issue of a disposition under this Act, the minister may require payment of rent by the occupier for the period of occupation at a rate the minister determines.
(2) Payment of the rent is a condition precedent to the issue of a disposition.
97 (1) The minister may in writing, on terms and conditions he or she considers appropriate, delegate
(a) to a government corporation, as defined in the Financial Administration Act, or to a public officer in the ministry, power to act on the minister's behalf for any act or thing required to be done by the minister under this Act,
(b) to a public officer or a government corporation, as defined in the Financial Administration Act, power to act on the minister's behalf in the enforcement, administration or management of dispositions made under this Act or
(c) to the Surveyor General, power to act on the minister's behalf under sections 6 (1) and (2), 52, 53, 58 and 103.
(2) If an applicant, because of illness or other unforeseen circumstances, does not comply with a provision of this Act, the regulations, or a term, covenant or stipulation in a disposition, the minister may, if he or she considers it advisable, if no other person is or is likely to be prejudiced and if all other provisions of this Act and the regulations have been complied with, extend the time for compliance by the applicant or vary the terms, covenants or stipulations of the disposition.
99 (1) An assignment, quit claim or other transfer of land for which an application for a disposition has been filed under this Act is not valid until after a certificate of purchase, a lease or licence has been issued.
(2) A person may not dispose of or deal with an interest in Crown land held under a disposition, other than a Crown grant, unless
(a) the disposition under which the interest is held expressly allows it, or
(b) the minister approves in writing the disposition or dealing.
(3) A purported disposition made in contravention of this section is void and the minister may, if he or she considers it advisable, cancel the disposition.
(4) As a condition precedent to an approval under subsection (2) (b), the minister may require the applicant to carry out and perform, in respect of the land, additional terms, covenants or stipulations that are to be binding on every successor in title to the land.
100 (1) The minister may give notice to the holder of a certificate of purchase requiring the holder within 6 months from the date of the notice to apply for the Crown grant if
(a) the purchase price is paid in full and all other terms, covenants and stipulations of the certificate of purchase are complied with, and
(b) the purchaser has not applied for a Crown grant.
(2) The minister must mail the notice by registered mail addressed to the purchaser at the purchaser's last known address, and may give additional notice in a manner the minister considers advisable.
(3) If the purchaser does not apply for the Crown grant within the time set by this section, the minister may cancel the certificate of purchase by an entry on the records in the ministry.
(4) On cancellation all improvements on the land, all rights of the purchaser to the land and improvements and all money paid on account of the purchase price are forfeited to and vested in the government.
101 (1) If a person claims an interest in Crown land, the minister may require the person to file with the minister a statement of the person's claim within a specified time.
(2) The minister must examine and consider the claim and may confirm or reject all or part of it and make the disposition of the Crown land the minister considers advisable.
(3) The claim is extinguished if
(a) the claimant fails to file a statement within the time specified, or
(b) the minister rejects the claim.
102 If the government is the owner of land in a subdivision plan and proceedings are proposed under part of the land title legislation, the minister, if he or she considers it advisable, may sign a petition or give a consent on behalf of the government if either may be required for the proceedings.
103 (1) If the government is a registered owner of an indefeasible or absolute title to land free of encumbrances, the minister may order that the registration be removed from the operation of the Land Title Act.
(2) On receiving an order of the minister under subsection (1), the registrar of the land title office must cancel the registration of the indefeasible or absolute title to the land described in the order and call in and cancel any duplicate indefeasible title or certificate of title that has been issued.
(3) On cancellation under subsection (2), the land must be dealt with under this Act.
104 In addition to persons authorized by the Evidence Act, the deputy minister, an assistant deputy minister, the Surveyor General, a commissioner and a director are commissioners for taking affidavits for British Columbia for an affidavit required under this Act.
105 For the purpose of discharging their duties under this Act, each of the following persons has at reasonable times a right to enter Crown land and premises:
(a) the minister;
(b) the deputy minister;
(c) an employee of the ministry who has identification from the ministry for the purpose;
(c.1) an employee of a government corporation to which the minister has delegated a power under section 97 (1) who has identification from the government corporation for the purpose;
(d) a commissioner;
(e) the Surveyor General;
(f) a person acting under the direction of the Surveyor General who has identification from the Land Title and Survey Authority of British Columbia for the purpose.
106 (1) Land acquired by a ministry on behalf of the government is to be administered by the minister of that ministry.
(2) Despite anything in this Act, the minister may transfer, on terms and conditions the minister considers appropriate, the administration of Crown land to any ministry of the government or may accept a transfer of Crown land from any ministry of the government to his or her ministry.
(3) A power under any Act, other than the Ministry of Lands, Parks and Housing Act, to dispose of the fee simple in Crown land as defined in this Act, must be exercised in compliance with this Act.
(4) Despite any other Act, a transfer of the administration of Crown land to the minister authorizes the minister to exercise his or her powers in relation to that land under this Act or any other Act under the minister's administration.
(5) Subsection (3) does not apply to a disposition made by the Lieutenant Governor in Council under section 59 of the Transportation Act.
(6) The requirement in section 218 (1) of the Land Title Act that a statutory right of way be for a purpose necessary for the operation and maintenance of a grantee's undertaking does not apply if the grantee is the government.
107 An action may not be brought against the minister, a public official in the ministry, a person appointed under section 63 (2) or a land commissioner for an act or omission done or omitted in good faith in the performance of a duty imposed or authority conferred under this Act.
108 (1) The commissioner of each land recording district must keep a register of applications for a disposition filed with the commissioner under this Act, which must include for each application its number, the applicant's name and address and a short description of the Crown land applied for.
(2) A person may search the register during business hours.
109 (1) A disposition, other than a Crown grant, must be executed by the director or another person designated in writing by the minister.
(2) A Crown grant must be executed under the corporate seal of the Land Title and Survey Authority of British Columbia by a person designated by resolution of the board of directors of the Authority.
(3) A disposition purporting to be executed as provided in this section is evidence in a proceeding of the disposition, without proof of the signature of the person executing it.
(4) The minister is to have a seal of office imprinted with the minister's title of office.
109.1 There must be paid to the Land Title and Survey Authority of British Columbia, in respect of services provided under this Act by the Surveyor General or persons under the Surveyor General's direction, the respective fees the board of directors of the Land Title and Survey Authority of British Columbia may establish by bylaw.
110 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations prescribing the rate of interest for the purpose of section 61 (1).
Copyright (c) Queen's Printer, Victoria, British Columbia, Canada