LTSA is changing its practice for plans involving highway lands that were established as highway by a Gazette notice before December 24, 1987.
What is changing?
A subdivision plan or a plan under section 107 of the Land Title Act must not dedicate land that was already established as highway by a Gazette notice.
Where a plan includes previously gazetted highway, the Ministry of Transportation and Transit must file a Form 12, Certificate as to Highway in Statutory Right of Way Plan, concurrently with or following the submission of a Statutory Right of Way plan.
Why the practice is changing?
This change follows direction from the Ministry of Transportation and Transit.
The Gazette notice already established the highway and vested the highway lands in the provincial Crown or the BC Transportation Financing Authority. This remains the case even if the title has not been updated to remove the highway.
The registered owner therefore no longer owns the highway lands, and a further dedication under section 107 is neither required nor appropriate. Section 115 of the Land Title Act and Form 12 provide the correct process for updating the land title records.
What applicants need to do?
If a plan includes previously gazetted highway lands, contact the Ministry of Transportation and Transit to arrange for a Form 12 to be filed concurrently with or following the submission of a Statutory Right of Way plan.
Do not show the previously gazetted highway lands as a new highway dedication or rely on registered owner consents.
Additional resource