Direction 15: Establishment of Highway over Untitled Crown Land

Direction to Land Surveyors No. 15 (Updated January 29, 2026)

This Direction to British Columbia Land Surveyors updates the Direction on this subject posted to the LTSA website dated April 30, 2025.  Updates have been made to reflect current policy on surveys of existing gazetted highway over untitled Crown land.

This Direction provides information on the establishment of highway, as defined in the Transportation Act, over untitled Crown land. Two scenarios are covered:

• A: Establishment of highway to provide access to lands being subdivided; and
• B: Establishment of highway not associated with a subdivision.

Dedication of highway through titled Crown land should be done pursuant to Section 107 of the Land Title Act.  See Direction to Land Surveyors No. 16 for direction on obtaining instructions and seeking approval from the Surveyor General for Reference or Subdivision Plans.

This Direction also provides guidance on the survey of existing highways through untitled Crown land where the highway was established by the Province through a declaration by notice in the Gazette and no legal survey of the highway has been completed.

Surveys of gazetted highway through titled Crown land should normally be done by preparing a statutory right of way plan to be filed concurrently with a Form 12 document prepared by Ministry of Transportation and Transit staff.  The surveyor should still seek instructions from the Surveyor General in accordance with Direction to Land Surveyors No. 16.

Background

Highway is defined in Section 1 of the Transportation Act.

“Highway” means a public street, road, trail, lane, bridge, trestle, tunnel, ferry landing, ferry approach, any other public way or any other land or improvement that becomes or has become a highway by any of the following:

(a) deposit of a subdivision, reference or explanatory plan in a land title office under Section 107 of the Land Title Act;

(b) a public expenditure to which Section 42 applies;

(c) a common law dedication made by the government or any other person;

(d) declaration, by notice in the Gazette, made before December 24, 1987;

(e) in the case of a road, colouring, outlining or designating the road on a record in such a way that Section 13 or 57 of the Land Act applies to that road;

(f) an order under Section 56(2) of this Act;

(g) any other prescribed means.

Establishment of New Highway through Untitled Crown Land

In order for the Ministry of Transportation and Transit (MoTT) to have administration and control over a travelled way, the travelled way must be established as highway in a manner consistent with the Transportation Act and can not be subject to the Community Charter.

Creation of public road on a plan prepared pursuant to the Land Act does not establish highway under the Transportation Act but instead creates public road, under the administration and control of the Ministry of Water, Land and Resource Stewardship (WLRS).

Scenario A:

Section 80 of the Land Act provides the Surveyor General with the authority to establish a public road allowance through Crown land to give access to privately owned land being subdivided. The deposit of the subdivision plan in the Land Title Office has the effect of establishing highway under Section 107 of the Land Title Act.

Before the Surveyor General can approve a subdivision plan establishing highway through Crown land, authorization to establish a road must be obtained from WLRS through a FrontCounter BC application. Once WLRS authorization has been obtained, the surveyor should request instructions from the Surveyor General in accordance with Direction to Land Surveyors No. 16 before performing their survey.

Applications can include lands both inside and outside of municipalities. Inside a municipality, the highway is vested in the municipality under the Community Charter unless s.35(2) applies (e.g. a provincial arterial highway). Outside a municipality, administration and control of the highway is with MoTT.

Scenario B:

If the highway will not be established on a subdivision plan, the following process can be used.

1. The land surveyor must obtain authorization from MoTT for establishment of a highway under their administration and control. Authorizations for establishment of a highway within a municipality must be obtained from Ministry of Water, Land and Resource Stewardship.
2. The land surveyor submits an application for a parcel designation to SG through an LTSA account.
3. SG will issue a parcel designation for the land that is to be established as a highway.
4. The land surveyor conducts the survey and prepares a survey plan pursuant to the Land Act using the designation issued above, and then a reference plan pursuant to Section 107 of the Land Title Act to establish the parcel as highway, or arterial highway, as appropriate.
5. Both plans are submitted to SG for review at the same time.
6. SG will confirm the Land Act plan and will notify the land surveyor that the reference plan is approved.
7. Following confirmation of the Land Act survey plan, SG will be instructed by the Province to prepare a Crown grant and submit the grant to the land title office to raise title to the new parcel in the name of the Crown.
8. The land surveyor, MoTT, MoTT legal counsel or the land surveyor’s client (if other than MoTT) will collect all necessary signatures and then submit the reference plan to the land title office for registration. Upon registration, highway is established.

TIP: When dealing with Crown land, in certain circumstances public road should be established and in other cases highway should be established. Therefore, it is imperative that the land surveyor receives clear direction on this matter from government ahead of conducting a survey.

If your government contact needs advice or guidance, the SG is able to offer assistance.

Surveys of Existing Gazetted Highway through Untitled Crown Land

Highways established by the Province prior to December 24, 1987 through a declaration by notice in the Gazette are defined by the Gazette notice itself and any drawings or plans referenced therein. Occasionally there may be a need to place monuments to mark the boundaries of a gazetted highway where no legal survey has been completed.

We anticipate many projects of this nature will be initiated by MoTT. If the project is being initiated by another party, the land surveyor must advise senior MoTT regional staff of the survey being undertaken prior to requesting instructions from the Surveyor General. Ministry contacts may be obtained by contacting Surveyor General Operations staff.

The surveyor must request instructions from the Surveyor General in accordance with Direction to Land Surveyors No. 16.  Generally, the process will be as follows:

1. The land surveyor submits a request for survey instructions to the SG through an LTSA account.
2. The SG will issue instructions for the survey, which will typically require the preparation of a Posting Plan of Gazetted Highway through [legal description] pursuant to the Land Act, to be filed in the Crown land registry.
3. The land surveyor conducts the survey, establishing the highway boundaries as described in the Gazette notice and in accordance with the instructions issued.
4. The land surveyor submits their Land Act posting plan to the SG through an LTSA account.
5. The SG confirms the Land Act posting plan and notifies the land surveyor.

If your MoTT contact needs advice or guidance, the SG is able to offer assistance.

Dave Swaile, BCLS, CLS

Senior Deputy Surveyor General