Various Surveyor General Updates

Effective June 12, the Surveyor General released version 21 of the Survey Plan Submission to Surveyor General (CLRS) form. Changes to the form include: “BC Energy Regulator” (BCER) replaces “Oil and Gas Commission” (OGC) in the Agency Name selection choices, and, a “Land Title and Survey Authority of BC” option has also been added.

The new form is available at Surveyor General Forms on the LTSA website and should be used for any new submissions moving forward. Surveyor General Practice Bulletin No. 2 has been updated accordingly. Additionally, the Surveyor General recently made changes to several policy and practice materials as a result of the following:

• The name change of the Oil and Gas Commission to the BC Energy Regulator;
• The need for s. 58 Land Act Inclusions policy and website communications to accurately capture the two distinct scenarios that may result in a s. 58 application:
  • One scenario asks for clarification as to the intent of the Crown grant for parts coloured other than in red;
  • The other scenario applies for the disposition of Crown land when it may no longer be in the public interest to remain Crown land.

These scenarios have different implications for the Province’s duty to consult with First Nations.

• Updating policy and website communications referencing Block Outline plans/applications to more closely align with wording in the Land Title Act.
  • The term “block outline order” has been revised, as it is not actually characterized as an “order” in the Land Title Act.

• In consultation with the Province, the Surveyor General concluded a review of processes to establish highway over untitled Crown land, resulting in the following:
  • All applications to establish road over untitled Crown land must be made to FrontCounter BC, unless your client is Ministry of Transportation and Infrastructure;
    • Where road is required to access private land being subdivided, an application under s.80 of the Land Act is suitable both inside and outside municipalities;
  • The use of s.9(1) of the Ministry of Lands, Parks and Housing (MLPH) Act for the establishment of roads across untitled creeks is discontinued.
  • Where a road establishment is not related to a subdivision, an application must be approved by Ministry of Forests and then specific survey instructions obtained from the Surveyor General.
    • See Direction to Land Surveyors No. 15 for more information about establishment of highway over untitled Crown land.

The affected policy and website communication materials are available at the following links:

• Direction No. 12
• Direction No. 15
• Direction No. 16
• Circular Letter 452A
• Submissions webpage including associated submission checklists
• Surveyor General Forms webpage