June 5, 2014


TO ALL BRITISH COLUMBIA LAND SURVEYORS

Re: Section 58 Land Act Applications

Section 58 of the Land Act provides a mechanism whereby a land owner may apply to the Minister responsible for the Land Act for a declaration of intention with respect to the ownership of a bed of a body of water, watercourse or a Crown-owned road shown on a Crown grant tracing.

The Surveyor General has been delegated the authority to adjudicate applications pursuant to section 58 of the Land Act.

On August 13, 2012, I issued Circular Letter 458 in which I announced that section 58 could not be used to transfer public roads shown on a Crown grant tracing to private ownership because they are deemed to be highway as defined in section 1 of theTransportation Act. As the Minister responsible for the Transportation Act has not delegated the authority to administer section 58 of the Land Act to the Surveyor General, we could not transfer public roads (highways) shown on Crown grant tracing.

An inter-ministry process has now been developed through which a public road (highway) shown on a Crown grant tracing can be closed, administration and control transferred to the Minister responsible for the Land Act, and ownership of the closed road subsequently transferred to the owner of the surrounding property through the execution, by the Surveyor General, of a certificate pursuant to section 58 of the Land Act.

A full explanation of procedure can be found in section 4 of the Disposing of provincial public highway through section 58 of the Land Act document.

If the owner of a parcel of land drives an application to have public road (highway) placed within their title then regular application fee is due. If a government ministry drives the process to accommodate a land exchange then no application fee is due.

Applications regarding ownership of a bed of a body of water or watercourse can continue to be made in the current manner. An application must contain the information outlined in the application checklist. Applications must be submitted through the Electronic Filing System (EFS) accessed through myLTSA Enterprise.

Yours sincerely,

original signed by Mike Thomson

Mike Thomson, BCLS
Surveyor General of British Columbia