Roles and Authorities
>> Role of the Approving Officer>> Ministry of Transportation Involvement
Role of the Approving Officer
Approving Officers are appointed under the Land
Title Act. There are four separate jurisdictions:
- Municipal Approving Officers, whom municipal councils appoint to
rule on subdivision proposals within municipal boundaries (Section
77)
- Regional District and Islands Trust Approving Officers, who are
appointed by the Regional District Board or the Islands Trust council
to rule on subdivision proposals within the boundaries of those local
governments that have assumed the rural subdivision approving authority
(Section 77.1.) Currently none of these has approving authority.
- Ministry of Transportation Provincial Approving Officers, whom Cabinet
appoints to rule on subdivision proposals outside municipal
boundaries and within those regional districts and the Islands Trust
boundaries that have not assumed the rural subdivision approving authority
(Section 77.2.)
- Nisga’a Approving Officers, who are appointed by the Nisga’a
Lisms Government to rule on subdivision proposals within Nisga’a
Lands, including Nisga’a Village Lands (Section 77.3.)
Generally, these Approving Officers have separate jurisdictions of
authority for approving subdivision plans. Municipal Approving Officers
can not approve subdivisions in rural areas, and Ministry of Transportation
Provincial Approving Officers do not have the subdivision approval authority
within municipalities or in rural areas where a regional district has
assumed subdivision authority. Neither the Provincial nor the Regional
District Approving Officers have authority within Nisga’a Lands.
Provincial Approving Officers are quasi-judicial officials who act
independently to ensure that the subdivision complies with Provincial
Acts and Regulations as well as bylaws, and to protect the best interests
of the public. |
Ministry of Transportation
Involvement
In rural areas the Ministry of Transportation is responsible for maintaining
and upgrading public highways. This includes highways created by rural
subdivisions. Therefore, the Ministry has a regulatory role in determining
the highway component for all rural subdivisions. There are, however, three instances where the
Ministry of Transportation must approve subdivision plans in municipal,
Regional District or Islands Trust jurisdictions in order for them to
be accepted by the Land Title & Survey Authority. They are:
- for subdivisions adjacent to a controlled access highway in municipal
or rural areas, pursuant to Section 80 of the Land Title Act
- to grant consent to the highway component of Regional District or
Islands Trust approved subdivisions
- to grant relief from access to water pursuant to Section 75[1][c]
of the Land Title Act in all areas, rural or incorporated
In exercising this role the Ministry will establish highway construction
standards, advise the PAO of the highway requirements for the subdivision, and inspect
highway construction. The statutory authority
for this highway role is contained in the Transportation Act,
Land Title Act, and Local Government Act. This role is
in recognition of the Ministry’s engineering expertise, responsibility
for maintaining these highways and ensuring the safety of highway users.
The Ministry’s subdivision highway standards are contained in the Subdivision
Road Construction Specifications in the current edition of the TAC Guide Chapter 1400.
Section 90 of the Transportation Act authorizes the Minister of Transportation to establish highway standards. A Regional District
that establishes highway standards in a Subdivision Servicing Bylaw
pursuant to Section 938 of the Local Government Act must refer this
bylaw to the Ministry before adopting the standards. Furthermore, the
Ministry must approve such a bylaw before the Regional District that
has assumed the rural subdivision approving authority adopts it. |
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