Submissions to Surveyor General

• Section 94(1)(c), Land Title Act
  Land abutting a body of water may be subject to erosion and deposition (accretion). Waterfront property owners do not own land created by a sudden deposit of material by flood or by an artificial interference of natural processes, or by the addition of fill. However, the waterfront property owner does own land that has accreted to the upland through gradual and imperceptible natural deposition. This natural deposition must be an outward growth from the upland. This resultant outward growth can also be the result of the receding of the shoreline. Conversely, when the upland is eroded gradually and imperceptibly, the property lost becomes part of the foreshore or bed of the adjacent water body and becomes Crown-owned land.
• Where erosion or accretion has occurred, the plan referenced on title to the upland will not reflect the actual extent of ownership until an up-to-date survey plan is prepared by a BC land surveyor and filed. A new certificate of title can then be issued referencing the new survey plan.
• In order for a plan to be filed including accreted land into an upland property, an application must be made to the Surveyor General by a BC land surveyor in accordance with Circular Letter 477A. Upon receipt of an application, the Surveyor General refers it for comment to the local office of the Ministry of Water, Land and Resource Stewardship, and to local governments that have requested to comment on accretion applications within their jurisdictions. Once all referral comments are received, the Surveyor General reviews the relevant facts of the application and then renders a statutory decision. If the application is approved, a BC land surveyor will conduct a field survey and prepare a plan consolidating the accreted land into the upland property. The Surveyor General must certify the plan in order for it to be accepted for deposit in the land title office. Once the plan is deposited in the land title office, a new indefeasible title is registered referencing the extent of the land defined in the new plan.
• Please submit applications through myLTSA using the Web Filing Surveyor General Application and Plan Submission form and setting the Application or Plan Type dropdown list to “Accretion Application” or “Accretion Final Plan.” The Surveyor General Practice Guide contains instructions for Web Filing.
• In Web Filing, Checklists for application packages are integrated into the Web Filing process and are entered online. An example checklist for an Accretion application is located here.
• An example checklist is also provided to assist in preparation of the final plan.
• Directions to Land Surveyors No. 12 and No. 14 provide additional information.

Section 94(1)(d), Land Title Act

• Certain old plans of waterfront property improperly depict the location of the natural boundary. For a variety of reasons it is necessary, at times, to properly define the extent of the property. This is achieved by a BC land surveyor who prepares a new plan of the subject property, on which is shown the natural boundary in its correct location. Upon successful application pursuant to this section, the plan is certified by the Surveyor General.
• The plan is ultimately deposited in the land title office. Upon deposit of this plan, a new indefeasible title is registered, referencing the new plan which properly defines the extent of the land.
• An application must be made to the Surveyor General by a BC land surveyor in accordance with Circular Letter 477A. The application must provide sufficient evidence that the present natural boundary is in the same location today as it was at the time of the original survey.
• Please submit applications through myLTSA using the Web Filing Surveyor General Application and Plan Submission form and setting the Application or Plan Type dropdown list to “Natural Boundary Adjustment Application” or “Natural Boundary Adjustment Final Plan”. The Surveyor General Practice Guide contains instructions for Web Filing.
• In Web Filing, Checklists for application packages are integrated into the Web Filing process and are entered online. An example checklist for a Natural Boundary Adjustment application is located here.
• An example checklist is also provided to assist in the preparation of the final plan.
• Directions to Land Surveyors No. 12 and No. 14 provide additional information.

Section 118, Land Title Act

• From time to time, when a right of way plan is being surveyed it is discovered that the true location of the present natural boundary of a property being crossed does not agree with the location of that boundary shown on the plan upon which title is based. If the difference in the location of the present natural boundary is attributable to either accretion or an incorrectly defined natural boundary on the plan upon which title is based, a land surveyor may proceed with an application under section 118 of the Land Title Act.
• An application must be made to the Surveyor General by a BC land surveyor in accordance with Circular Letter 477A.
• Please submit applications through myLTSA using the Web Filing Surveyor General Application and Plan Submission form and setting the Application or Plan Type dropdown list to the appropriate SRW application/plan. The Surveyor General Practice Guide contains instructions for Web Filing.
• In Web Filing, Checklists for application packages are integrated into the Web Filing process and are entered online. Example checklists for Accretion or Natural Boundary Adjustments on Statutory Right of Way Plan application packages are located below:
  • Example Checklist for SRW Plan 118(1) application
  • Example Checklist for SRW Plan 118(1) Final Plan
• For more information, see Accretion and Natural Boundary Adjustment.
• Directions to Land Surveyors No. 12 and No. 14 provide additional information.

Section 218, Land Title Act

• In accordance with section 218 of the Land Title Act, certain bodies including provincial and local governments and utility companies have the ability to hold statutory rights of way. Section 218 (1) (d) allows organizations not listed in statute and, in certain circumstances, individuals, to become designated to hold statutory rights of way. The Minister responsible for the Land Title Act has delegated to the Surveyor General the authority to designate bodies to hold statutory rights of way.
• In order to receive a designation to hold a statutory right of way, a proponent needs to make an application to the Surveyor General through myLTSA.
• The Surveyor General may grant a designation under section 218(1)(d) if the Surveyor General is satisfied that passage over land is required for any purpose necessary for the operation and maintenance of the grantee’s undertaking.
• If the Surveyor General permits an applicant to hold a statutory right of way designation, the designation will be an individual designation. However, the Surveyor General may permit an applicant to hold a general designation for a particular area if the Surveyor General is satisfied that:
  • The applicant has an ongoing operational need to enter into future statutory rights of way in the particular area; and
  • The applicant has sufficient operational presence in the particular area.
• In the application, the proponent must provide certain information including an explanation of why they require the ability to hold a statutory right of way and describe the lands affected by their proposed statutory right of way. The application form describes the information that needs to be provided.
• Please submit applications through myLTSA using the Web Filing Surveyor General Application and Plan Submission form and setting the Application or Plan Type dropdown list to “SRW Designation Application”. The Surveyor General Practice Guide contains instructions for Web Filing.
• In Web Filing, Checklists for application packages are integrated into the Web Filing process and are entered online. An example checklist for an Authority to Hold Statutory Rights of Way application is located here.

Section 219, Land Title Act

• In accordance with section 219 of the Land Title Act, certain bodies including provincial and local governments have the ability to hold covenants. Section 219 (3) (c) allows organizations not listed in statute and, in certain circumstances, individuals, to become designated to hold covenants. The Minister responsible for the Land Title Act has delegated to the Surveyor General the authority to designate bodies to hold covenants.
• In order to receive a designation to hold a covenant, a proponent needs to make an application to the Surveyor General through myLTSA.
• Most applicants will only qualify for an individual designation relating to a specific parcel or parcels of land. However, the Surveyor General may permit an applicant to hold a general designation for a particular area if the Surveyor General is satisfied that:
  • The applicant has an ongoing operational need to enter into future covenants in the particular area; and
  • The applicant has sufficient operational presence in the particular area.
• In the application, the proponent must provide certain information including an explanation of why they require the ability to hold a covenant and describe the lands affected by their proposed covenant. The application form describes the information that needs to be provided.
• Please submit applications through myLTSA using the Web Filing Surveyor General Application and Plan Submission form and setting the Application or Plan Type dropdown list to “Covenant Designation Application”. The Surveyor General Practice Guide contains instructions for Web Filing.
• In Web Filing, Checklists for application packages are integrated into the Web Filing process and are entered online. Please refer to the example checklist for an Authority to Hold Covenants application.

Covenants for Conservation Purposes, Section 219, Land Title Act

• A conservation covenant is a voluntary agreement to conserve land or protect features relating to it. It is an agreement between a private land owner and a designated individual or organization registered on the land title and is legally binding on the future owners of the property. A covenant may include provisions that restrict the use of, or require that improvements be maintained on the property for the protection of natural, historical, cultural, architectural, environmental, heritage, scientific, wildlife or plant-life values.
• Section 219 covenants are an inexpensive alternative to Crown acquisitions and provide the public with the means to preserve land or its special attributes.

Highlights of Conservation Covenants

• Individuals and non-government organizations are able to register a covenant on private lands.
• Covenants can be created for specific purposes, such as protection, preservation or enhancement, and may be of a positive or negative nature.
• Responsibility for enforcing non-government covenants cannot be turned over to the Crown without consent, thus ensuring the government won’t acquire unwanted costs and obligations.
• Administration and paperwork has been kept simple. All that is needed for registration at the Land Title Office is a statement of designation by the Surveyor General.
• All existing covenants entered into under the Heritage Conservation Act are ensured of continuation under the amended Land Title Act.
• The legislation clarifies the basis for evaluation of properties under the Assessment Act that are subject to a covenant under the amended Land Title Act.

Designations within Agricultural Land Reserve

• The designate must obtain the written consent of the Agricultural Land Commission prior to registering a covenant affecting title to lands that lie within an Agricultural Land Reserve as designated under the Agricultural Land Commission Act.
• The onus of proof, that lands to be encumbered by a covenant lie within an Agricultural Land Reserve, must be verified and attested to by the designate.

Section 69, Land Title Act
NOTE: Section 69(1) has been amended so that it now can apply to all plan types. See Circular Letter No. 478.

• Rather than initially posting every corner of every new parcel created on a subdivision plan, a land surveyor may place only a small number of control monuments if he or she elects to proceed under section 69 of the Land Title Act. Under this section, all parcel corners are given a mathematical relationship to the control monuments until construction activities are complete, at which time the land surveyor must post all the parcel corners.
• The posting requirement is generally deferred for one year; however, extensions may be granted where development has been delayed.
• The benefit of proceeding with a block outline survey is that a plan can be prepared and deposited in the land title office before construction activities have been completed. Once construction is complete, the posts are placed at every corner as required by the Survey and Plan Rules. Posting after construction results in a far higher long-term survival rate for survey posts.
• Approval to use section 69 of the Land Title Act must be obtained from the Surveyor General in accordance with Circular Letter No. 461B.
• Please submit applications through myLTSA using the Web Filing Surveyor General Application and Plan Submission form and setting the Application or Plan Type dropdown list to “Block Outline Plan Application,” “Block Outline Plan,” or “Block Outline Posting Plan”. The Surveyor General Practice Guide contains instructions for Web Filing.
• In Web Filing, Checklists for application packages are integrated into the Web Filing process and are entered online. Example checklists for Block Outline packages are located below:
  • Example Checklist for Block Outline Plan Application
  • Example Checklist for Block Outline Plan
  • Example Checklist for Block Outline Posting Plan
• Directions to Land Surveyors No. 12 provides additional information.

Section 108(3), Land Title Act

• Under section 108(2) of the Land Title Act, certain titled, submerged lands will automatically revert to the Crown without the approval of the owner of the land upon the deposit of a subdivision or reference plan which redefines that titled land. For example, if an owner of a waterfront parcel of land excavates a boat basin which is connected to the sea, and then has a land surveyor prepare a subdivision plan of the property, ownership of the boat basin may revert to the Crown upon deposit of the plan.
• The actions of section 108(2) can be negated by a Minister’s Order prepared pursuant to section 108(3) of the Land Title Act. The Minister responsible for the Land Title Act has delegated the duties and powers under section 108(3) to the Surveyor General.
• The owner of the land or their land surveyor may make application for an exemption order to the Surveyor General in accordance with Circular Letter No. 468.
• Please submit applications through myLTSA using the Web Filing Surveyor General Application and Plan Submission from and setting the Application or Plan Type dropdown list to “Section 108 Land Title Act Application” or “Section 108 Land Title Act Final Plan”. The Surveyor General Practice Guide contains instructions for Web Filing.
• In Web Filing, Checklists for application packages are integrated into the Web Filing process and are entered online. An example checklist for an Exemptions application is located here.
• An example checklist is also provided to assist in the preparation of the final plan.
• Directions to Land Surveyors No. 12 provides additional information.

Section 70, Land Title Act

• The easterly 20 miles of Vancouver Island between Goldstream Creek and near Campbell River was granted to the Canadian Pacific Railway Company in a series of land grants occurring between 1884 and 1925. This area is commonly referred to as the Esquimalt and Nanaimo (E&N) Railway Land Grant.
  Current owners of land within the E&N grant area may wish to sell portions of their lands from time to time. In order to sell a portion of the E&N lands, that portion must have a certificate of title in the land title office. Before a title to the relevant portion of the E&N lands can be raised, that portion must first be defined. The definition of the relevant portion may be done by an explanatory plan prepared in accordance with section 70 of the Land Title Act.
• Approval to use section 70 of the Land Title Act must be obtained from the Surveyor General.
• Please submit applications through myLTSA using the Web Filing Surveyor General Application and Plan Submission form and setting the Application or Plan Type dropdown list to “E&N Land Title Act Section 70 Application” or “E&N Land Title Act Section 70 Plan”. The Surveyor General Practice Guide contains instructions for Web Filing.
• In Web Filing, Checklists for application packages are integrated into the Web Filing process and are entered online. An example checklist for Explanatory Plans of Blocks within E&N Land Grant application is located here.
• An example checklist is also provided to assist in the preparation of the final plan.
• Directions to Land Surveyors No. 12 provides additional information.

Section 58, Land Act

• The Province allocates Crown land to an individual or organization by issuing a Crown grant (see: Crown grant example). Generally, attached to a Crown grant is a coloured map (tracing) of the subject land. These tracings often show features such as roads, bodies of water and watercourses, which are retained by the Province and not included in the grant.
• If doubt exists whether land is included in a grant, or whether it is in the public interest that the part coloured other than in red on a Crown grant tracing need be retained by the Province, the land owner can apply, through their land surveyor, to the Surveyor General for a declaration of intention. The Surveyor General, on behalf of the Minister, has the ability to clarify intent or to transfer these lands pursuant to section 58 of the Land Act by endorsing a certificate on a plan subdividing land.
• Please note:
  • Application of Section 58 is restricted to subdivision plans.
  • The Surveyor General is unable to directly transfer roads that are deemed to be highway, as defined in section 1 of the Transportation Act, to private ownership. An inter-ministry process has been developed through which road can be transferred to the owner of the surrounding property and is described in Direction to Land Surveyors No.18
• Upon receipt of an application, the Surveyor General refers it for comment to the local office of the Ministry of Water, Land and Resource Stewardship, and may refer it to local governments or other agencies which may have site specific information. If the applicant seeks to transfer land to private ownership, the provincial government will consult with any First Nations whose interests may be affected, as part of the referral process.
• Once all referral comments are received, the Surveyor General reviews the relevant facts of the application and then renders a statutory decision. If the application is approved, a BC land surveyor will conduct a field survey and prepare a final subdivision plan of the subject property. The Surveyor General must certify the plan in order for it to be accepted for deposit in the Land Title Office. Once the plan is deposited in the Land Title Office, new indefeasible titles are registered based upon the extent of the lands defined in the new plan.
• Please submit applications through myLTSA using the Web Filing Surveyor General Application and Plan Submission form and setting the Application or Plan Type dropdown list to “Section 58 Land Act Application” or “Section 58 Land Act Final Plan.” The Surveyor General Practice Guide contains instructions for Web Filing.
• In Web Filing, Checklists for application packages are integrated into the Web Filing process and are entered online. Refer to an example checklist for an Inclusion application.
• An example checklist is also provided to assist in the preparation of the final plan.
• Please refer to Circular Letter 484B, as well as the Direction to Land Surveyors No. 12 and 18 for additional information.

Note: While many submissions to the Surveyor General are transitioning to Web Filing, those applications using the Survey Plan Submission to Surveyor General (CLRS) Form are not currently being transitioned to Web Filing and will continue to be submitted using the CLRS PDF form until further notice.

• Under the Mineral Tenure Act, British Columbia land surveyors are responsible for preparing survey plans of mineral titles. Survey Plans of mineral titles are submitted to the Surveyor General for approval in accordance with Circular Letter 440A and the plan will be filed in the Crown land registry.
• Please submit the Mineral Title Plan and all required information through myLTSA using the Survey Plan Submission to Surveyor General (CLRS) Form. The EFS User’s Guide outlines the process to submit a Mineral Title Plan.
• Mineral Title Plan application packages must include a completed Checklist for Mineral Title Plan and a Mineral Title Plan Information Form.

• Prior to undertaking any survey of Crown land pursuant to the Land Title Act or the Land Act, other than a statutory right of way, an application must be made to the Surveyor General for survey instructions and, in the case of surveys under the Land Act, for a unique parcel designation.
• The Surveyor General may establish special survey requirements in order to maintain or enhance the province’s survey structure.
• Applications must include a copy of the accepted offer of grant or lease and the proposed survey sketch attached to the offer. Please refer to Circular Letter 475A and Directions to Land Surveyors No. 16 for more information.
• Applications for parcel designations must be submitted through myLTSA using the Web Filing Surveyor General Application and Plan Submission form and setting the Application or Plan Type dropdown list to “Parcel Designation / Survey Instructions.” The Surveyor General Practice Guide contains instructions for Web Filing.
• Once the final plan is completed in accordance with any direction from the Surveyor General, it must be submitted through myLTSA using PDF forms or Web Filing, depending on the specific application:
  • Plans which require filing through the Survey Plan Submission to Surveyor General (CLRS) Form will continue to do so, as this form is currently excluded from Web Filing.
  • Plans which previously required filing through the SG Form Land Title Act Plans over Crown Land (SGLT) have now been transitioned to Web Filing and can be submitted using the appropriate Web Filing Application or Plan Type dropdown selection in the Web Filing Surveyor General Application and Plan Submission application.
• In Web Filing, Checklists for application packages are integrated into the Web Filing process and are entered online. The following example checklists are provided to review in preparation for your Web Filing submission to the Surveyor General:
  • Application for Survey Instructions and Parcel Designations Checklist
  • Subdivision, Reference and Posting Plans of Crown Land Checklist
• Land Act plans which require filing through the Survey Plan Submission to Surveyor General (CLRS) Form are excluded from Web Filing. The below checklist is provided, and should be filled out and attached through EFS in the traditional manner.
  • Land Act Plan Checklist

• All statutory right of way plans over titled and untitled Crown lands must be submitted to the Surveyor General for approval prior to submission to the Land Title Office.
• The plan and all required information must be submitted through myLTSA using the Web Filing Surveyor General Application and Plan Submission form and setting the Application or Plan Type dropdown list to “LTA SRW Plan” or “LTA SRW BCER Plan.” The Surveyor General Practice Guide contains instructions for Web Filing.
• Direction to Land Surveyors No. 16 provides details on submission package requirements.
• In Web Filing, Checklists for application packages are integrated into the Web Filing process and are entered online. The following example checklists are provided to review in preparation for your Web Filing submission to the Surveyor General:
  • Example LTA SRW BCER Plan Checklist
  • Example LTSA SRW (Ministry of Water, Land and Resource Stewardship) Checklist

• British Columbia land surveyors can, in very limited circumstances, upgrade or replace a survey monument without conducting a field survey. In such instances it is necessary to file a Renewal of Survey Monument card with the Surveyor General.
• Please submit completed monument renewal cards through myLTSA using the Web Filing Renewal of Survey Monument application. The Surveyor General Practice Guide contains instructions for Web Filing.

Section 9(1) of the Ministry of Lands, Parks and Housing Act

Please note that the Surveyor General has recently reviewed policy and requirements relating to establishment of road pursuant to Section 9(1) of the Ministry of Lands, Parks and Housing Act, in consultation with the Province.  As a result of this review, Section 9(1) applications are no longer accepted by the Surveyor General. For detailed information, refer to Direction 15: Establishment of Highway over Untitled Crown Land.

Section 80 Land Act

Establishing public road allowance through Crown land to give access to privately owned land being subdivided

• From time-to-time, a municipality, the Crown, or an individual may need to establish public road through a portion of Crown land to enable access.
• Before the Surveyor General can sign a plan establishing public road, authorization to establish the road must be obtained from the Ministry of Water, Land and Resource Stewardship.

• Please submit the final plan through myLTSA using the Web Filing Surveyor General Application and Plan Submission form and setting the Application or Plan Type dropdown list to “Section 80 Land Act Plan.” The Surveyor General Practice Guide contains instructions for Web Filing.
• In Web Filing, Checklists for application packages are integrated into the Web Filing process and are entered online. An example checklist for a Section 80 Land Act Plan application is located here.
• In Web Filing, Checklists for application packages are integrated into the Web Filing process and are entered online.
• Contact FrontCounter BC to make a roadway application.
• Direction to Land Surveyors No. 15 and No. 16 provides additional information