December 6, 2010


TO ALL BRITISH COLUMBIA LAND SURVEYORS

Re: Section 94(1) Land Title Act Certificates on Reference Plans

Please be advised that, in accordance with a recent judgment of the Appeal Court of British Columbia, the Surveyor General can now again endorse certificates pursuant to section 94(1) of the Land Title Act on both Subdivision Plans and Reference Plans.

On November 29, 2010, the Honourable Madam Justice Kirkpatrick provided her Reasons for Judgment in the Appeal of Bryan's Transfer Ltd. v. Trail (City), 2009 BCSC 1198. Read the Reasons for Judgment.

As provided in Circular Letter No. 444 issued on September 10, 2009, applications pursuant to section 118 of the Land Title Act were not affected by the Supreme Court judgment in Bryan's Transfer Ltd and continue to be unaffected.

Yours sincerely,

Original signed by Mike Thomson

Mike Thomson, BCLS
Surveyor General of British Columbia