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| This archived statute consolidation is current to November 8, 1991 and includes changes enacted and in force by that date. |
1. In this Act
"applicant" means a person applying for a disposition of Crown land under this Act or a former or other Act respecting Crown land;
"boundary by agreement" means a conventional boundary located by agreement between the Crown and the adjoining owner;
"commissioner" means the person appointed under the Ministry of Lands, Parks and Housing Act as commissioner in charge of any land recording district, and includes the minister, deputy minister, an assistant deputy minister and a person authorized by the Lieutenant Governor in Council to act for the minister in the portion of the Province for which he may be appointed to discharge the duties of a commissioner under this Act;
"conventional boundary" means a boundary consisting of a straight line or a series of straight lines of fixed direction and length conforming as nearly as possible to the natural boundary, but eliminating minor sinuosities;
"corporation" means a corporation incorporated or registered in the Province;
"Crown" means Her Majesty in right of the Province;
"Crown grant" means an instrument in writing conveying Crown land in fee simple;
"Crown land" means land, whether or not it is covered by water, or an interest in land, vested in the Crown;
"director" means a person employed under the Public Service Act and designated by the minister as a director for the purposes of this Act;
"disposition" means the act of disposal or an instrument by which the act of disposal is effected or evidenced, or by which an interest in Crown land is disposed of or effected, or by which the Crown divests itself of or creates an interest in Crown land;
"interest" in reference to land includes a right or estate in that land;
"land district" means a portion of the Province which is a land district within the meaning of section 2 (1) and (2);
"land recording district" means a portion of the Province which is a land recording district within the meaning of section 3 (1) and (2);
"natural boundary" means the visible high water mark of any lake, river, stream or other body of water where the presence and action of the water are so common and usual, and so long continued in all ordinary years, as to mark on the soil of the bed of the body of water a character distinct from that of its banks, in vegetation, as well as in the nature of the soil itself;
"public road" means a portion of Crown land designated or indicated as a road on a plan of survey made under this Act, whether or not a road is constructed, and includes a road allowance or walkway allowance established under section 74;
"registrar" means the registrar under the Land Title Act;
"reserved land" means Crown land that has been withdrawn from disposition under this or any other Act;
"right of way" means a statutory right of way as defined in the Land Title Act;
"surveyed land" means land the survey of which is accepted and confirmed by the signature of the Surveyor General on a plan made under this Act;
"Surveyor General" means the Surveyor General of the Province.
Historical Note(s): 1970-17-2; 1976-27-2; 1977-75-1,8,53; 1978-25-325; 1979-14-1; 1980-22-1, proclaimed effective September 18, 1980; 1990-4-1.
Part 1 — Land Districts and Land Recording Districts
2. (1) The Lieutenant Governor in Council may, by order, constitute a part of the Province as a land district, and may amend or cancel a land district whether constituted under this or a former Act.
(1.1) An order under subsection (1) is a regulation under the Regulation Act.
(2) The land districts now established and in use for any former Act, however established, shall be deemed to have been from their establishment or designation, land districts under this Act, unless altered or cancelled under this section.
Historical Note(s): 1970-17-4; 1977-75-1; 1982-35-1.
3. (1) The Lieutenant Governor in Council may, by order, constitute a part of the Province as a land recording district, and may amend or cancel a land recording district whether constituted under this or a former Act.
(1.1) An order under subsection (1) is a regulation under the Regulation Act.
(2) The land recording districts now established and in use for any former Act, however established, and whether established or designated as land recording districts or divisions, shall be deemed to have been from their establishment or designation, land recording districts under this Act unless altered or cancelled under this section.
Historical Note(s): 1970-17-5; 1982-35-2.
4. The minister has the administration of all Crown land except land specifically under the administration of another minister, branch or agency of government.
Historical Note(s): 1979-14-2.
4.1 The minister is responsible for geographical nomenclature in British Columbia.
Historical Note(s): 1990-4-2.
4.2 The minister is responsible for and may undertake, commission, coordinate and set standards for base mapping and land related information systems in British Columbia and for related remote sensing and survey control functions.
Historical Note(s): 1990-4-2.
Part 2 — Disposition of Crown Land — General
5. (1) A person may not acquire by prescription, occupation not lawfully authorized or a colour of right, an interest in Crown land, or in any land as against the interest in it of the Crown.
(2) A person shall not acquire a right, vested or contingent, in Crown land, or a priority to Crown land by filing an application for Crown land under this Act.
(3) A disposition of Crown land is not binding on the Crown until the certificate of purchase, grant, lease, licence of occupation, right of way or easement is executed by the Crown under this Act, and negotiations or arrangements, whether in writing or otherwise, before the execution of the documents referred to are not binding on and do not commit the Crown to perform or complete a disposition.
Historical Note(s): 1970-17-6,7(1,2).
6. A person who is not a Canadian citizen or permanent resident of Canada is not entitled to a Crown grant unless his application for a disposition of Crown land was allowed prior to May 1, 1970.
Historical Note(s): 1970-17-7(3); 1985-68-55, effective April 17, 1985 (B.C. Reg. 392/85).
7. (1) Subject to compliance with this Act and regulations, a person 19 years of age or over or a corporation or other association may apply for Crown land.
(2) Nothing in this Act obliges the Crown to consider an application for Crown land, or to dispose of Crown land pursuant to an application.
(3) [Repealed 1982-35-3.]
(4) The land described in the Canadian Pacific Railway Safety Protection Act, R.S.B.C. 1960, c. 42, is withdrawn from sale, lease, licence, settlement, occupancy or entry.
Historical Note(s): RS1960-42-2; 1970-17-8; 1982-35-3.
8. (1) Subject to compliance with this Act and regulations, the minister may, pursuant to an application, by public auction, by public notice of tender or by public drawing of lots, dispose of Crown land, either surveyed or unsurveyed, to a person entitled under this Act as the minister considers advisable in the public interest.
(2) The minister may, under subsection (1), sell Crown land, lease Crown land, grant a right of way or easement over Crown land, or grant a licence to occupy Crown land.
(3) In a disposition of Crown land under this section, the minister may impose the terms, covenants, stipulations and reservations he considers advisable, and without limiting the foregoing may impose some or all of the following terms:
(a) the applicant shall personally occupy and reside on the Crown land for a period fixed by the minister;
(b) the applicant shall do such work and expend such money for permanent improvement of the Crown land within such period as the minister requires.
Historical Note(s): 1970-17-9(1,2,3); 1974-87-23.
9. In a disposition of Crown land under this or a former Act in which a portion of the land is designated as a road in the instrument evidencing the disposition or in a map or plan annexed to it, the road shall be deemed to be,
(a) in the case of a disposition made before January 3, 1977, 20.1168 m in width, being 10.0584 m on each side of the centre line of the travelled portion of the road; and
(b) in the case of a disposition made after January 2, 1977, 20 m in width, being 10 m on each side of the centre line of the travelled portion of the road,
unless there is express provision in the instrument to the contrary, and no part of the road passes to any person under the instrument.
Historical Note(s): 1976-27-3.
10. The minister may permit an applicant to occupy Crown land
(a) for a period not exceeding one year to conduct appraisals, inspections, analyses, inventories, surveys or other investigations of the land or of its natural resources;
(b) for a period not exceeding 6 months for any purpose authorized under this Act; or
(c) to construct a road, non-commercial air-strip, bridge or trail over the land, but the permit shall not entitle the applicant to deny the right to use the road, non-commercial air-strip, bridge or trail to any person.
Historical Note(s): 1970-17-10; 1982-76-22.
11. (1) The Lieutenant Governor in Council may, for any purpose that he considers advisable in the public interest, by order reserve Crown land from disposition under this Act, and may amend or cancel in whole or in part a reserve established under this or a former Act.
(2) An order under subsection (1) does not affect the minister's powers under section 10.
(3) An order under subsection (1) is not a regulation under the Regulation Act.
Historical Note(s): 1982-35-4.
12. The minister may, for any purpose he considers advisable in the public interest, temporarily withdraw Crown land from disposition under this Act, and he may amend or cancel the withdrawal.
Historical Note(s): 1970-17-12.
13. The minister may, if he considers it advisable in the public interest, designate the most desirable use of a portion of Crown land, may withdraw the portion from disposition under this Act for a purpose other than the designated use and may amend or cancel the withdrawal.
Historical Note(s): 1970-17-13.
14. Except by order of the Lieutenant Governor in Council on the terms he may specify, Crown land, filled or otherwise, below the natural boundary of a body of water shall not be disposed of by Crown grant under this Act.
Historical Note(s): 1970-17-14.
15. Except by order of the Lieutenant Governor in Council, on the terms he may specify, Crown land shall not be disposed of by Crown grant under this Act where the minister believes it is suitable for mining, quarrying, digging or removal of building or construction materials, including, without limiting the generality of the foregoing,
(a) earth, soil, peat, marl, sand and gravel, and
(b) rock, riprap and stone products that are used in the construction or maintenance of a road, building or structure not located on land within a mineral title or group of titles from which the rock, riprap or stone product is mined.
Historical Note(s): 1970-17-15; 1988-5-65.
16. (1) Except as provided in sections 65 and 66, or except where the applicant has first obtained a Crown grant to land covered by a prior certificate of purchase in his name, no Crown land shall be disposed of by Crown grant under this Act at any one time exceeding 520 ha in area to any one applicant.
(2) Notwithstanding subsection (1), with the prior approval of the Lieutenant Governor in Council the minister may dispose of, by Crown grant, an area exceeding 520 ha for commercial, industrial, railway or airport purposes.
Historical Note(s): 1970-17-16; 1976-27-4.
17. (1) Except as provided in sections 65 and 66, no Crown land shall be disposed of by lease under this Act exceeding 520 ha in area to any one applicant.
(2) Notwithstanding subsection (1), with the prior approval of the Lieutenant Governor in Council the minister may dispose of, by lease, an area exceeding 520 ha for grazing, commercial, industrial, railway, airport or watershed purposes.
Historical Note(s): 1970-17-17; 1976-27-5.
18. Except with the prior approval of the Lieutenant Governor in Council, Crown land shall not be leased under this Act for a term greater than 60 years.
Historical Note(s): 1974-87-23; 1980-22-2, proclaimed effective September 18, 1980.
19. Except where, in the opinion of the minister, Crown land is required for agricultural settlement and development or other higher economic use, Crown land that is suitable for the production of timber and pulpwood shall not be disposed of by Crown grant under this Act.
Historical Note(s): 1970-17-19.
20. A disposition of Crown land under this Act may provide for payment to the Crown of the value of the timber or a royalty on the timber on that land.
Historical Note(s): 1970-17-20.
21. Where an applicant purchases Crown land under section 8, the minister may, notwithstanding section 45, where the unpaid balance of the purchase price has been secured to his satisfaction, issue a Crown grant before the full purchase price has been paid.
Historical Note(s): 1982-35-5.
22. (1) Except when the minister orders otherwise in a particular case, where payment for Crown land is deferred, interest shall be charged at a prescribed rate on the outstanding balance from the date of the disposition.
(2) Where money payable for a lease, right of way, easement, licence of occupation or royalty is not paid on the due date, interest may be charged at a prescribed rate on the unpaid sum from the date due.
(3) Where payment of money for a survey carried out by or for the Surveyor General for a disposition of Crown land is deferred, interest on the deferred sum may be charged at a prescribed rate.
Historical Note(s): 1970-17-23; 1979-14-4; 1980-22-3, proclaimed effective September 18, 1980; 1990-4-3.
23. Unless otherwise expressly provided in the certificate of purchase, the right of a purchaser under a certificate of purchase is, from the date of the certificate, subject to
(a) the terms, covenants, stipulations, reservations and exemptions contained in this Act, regulations or in the Crown grant;
(b) highways, streets, roads, trails and other ways existing at that date over or through the land; and
(c) the reservations, exceptions and rights of way endorsed at the minister's direction on the certificate.
Historical Note(s): 1970-17-22; 1982-35-6.
[Editorial Note(s): see also sections 8 (3), 35, 36 (1) and 37.]
24. Leases or other dispositions granted for mining, quarrying, digging or removal of building or construction materials, including without limiting the generality of the foregoing
(a) earth, soil, peat, marl, sand and gravel, and
(b) rock, riprap and stone products that are used in the construction or maintenance of a road, building or structure not located on land within a mineral title or group of titles from which the rock, riprap or stone product is mined,
may provide for payment of a royalty for material removed from the land at rates to be determined by the minister.
Historical Note(s): 1970-17-24; 1988-5-66.
25. A disposition may provide for payment by the applicant of the cost of a survey of the land by or for the Surveyor General.
Historical Note(s): 1970-17-25.
[Editorial Note(s): see s. 71.]
26. Subject to sections 16 and 17, the minister may, on an application for a disposition, reduce or extend the area applied for or the length of the boundary lines of the area or may vary the location of the area.
Historical Note(s): 1970-17-26.
27. (1) Subject to the terms, reservations and restrictions he considers advisable, the Lieutenant Governor in Council may transfer the administration, control and benefit of Crown land to Her Majesty the Queen in right of Canada either in perpetuity or for a specified period, and either with or without consideration.
(2) Except to the extent that it so provides, a transfer under subsection (1) is not subject to section 47.
Historical Note(s): 1970-17-27; 1982-35-7.
Part 3 — Disposition of Crown Land — Application Procedure
28. (1) An application for a disposition by purchase, lease or licence of occupation in the form specified by the minister, together with the application fee, shall be made to the commissioner of the land recording district where the land is situate.
(2) If the application complies with this Act and regulations and has been accepted, the commissioner shall retain one copy for his records, post one copy in his office and send one copy to the minister.
(3) Where the land is unsurveyed or where no evidence of survey is available, the applicant shall, before making his application, fix securely in the ground, at one corner of the land to be applied for, a squared post or squared tree, at least 1 m above the ground level, and shall securely attach to the post or tree a written notice in the form specified by the minister of his intention to make an application for a disposition of the land described in the notice and shall, with his application, furnish the proof of the posting of the notice as required by the minister.
(4) Subsection (3) does not apply to a licence of occupation for a year or less or to a grant of right of way or easement.
Historical Note(s): 1970-17-28; 1976-27-6; 1982-35-8; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
[Editorial Note(s): see section 37 (2).]
29. (1) The minister may, if he considers it advisable in the public interest, require the applicant to publish a notice of his application.
(2) The notice shall be headed "Land Act: Notice of Intention to Apply for a Disposition of Crown Land", shall state the land recording district and location of the land, and shall give notice that the named applicant (with his address and occupation indicated), intends to apply for specific land or land described in relation to the post, of a named area, more or less. The notice shall state the purpose for which the land is required, and be signed by the applicant or his agent.
(3) The applicant shall publish the notice in the Gazette or a newspaper circulating in the land recording district where the land is situate, or in both, for the number of issues and within the period required by the minister.
(4) The applicant shall furnish proof of publication of the notice.
Historical Note(s): 1970-17-29; 1976-27-7; 1979-14-9.
30. (1) A person who is eligible to hold a disposition under this Act, but is a minor, may hold and assign the land as if he were of full age.
(2) A person who is a minor and who holds a certificate of purchase, lease, licence of occupation, right of way or easement of Crown land may hold and assign it as if of full age.
Historical Note(s): 1970-17-30.
31. (1) The minister may require an applicant to obtain and file with the minister, at his own expense, feasibility studies, environmental assessments, timber cruises, land valuation appraisals, or other information about the application required by the minister.
(2) Where an application is made under section 28 or 37, or notice is given of an intention to make the application, the minister may estimate the cost
(a) to assess the impact of making the disposition; or
(b) to monitor compliance with terms to which the disposition would be subject if made.
(3) The minister may require the applicant or proposed applicant to pay to the Minister of Finance all or part of the anticipated cost before the notice is acted on, the application considered or the disposition made, as the case may be.
Historical Note(s): 1970-17-31; 1977-76-17; 1978-28-12.
32. The minister may require an applicant to deposit with the Minister of Finance a bond or other security for the due performance and completion by the applicant of all the obligations and requirements specified by the minister. The security shall be payable to the Minister of Finance for the amount and containing the terms required by the minister.
Historical Note(s): 1970-17-32; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
33. The minister may require an applicant to furnish proof by affidavit or otherwise on a matter arising out of the application or on the applicant's financial affairs.
Historical Note(s): 1970-17-33.
35. The minister may issue a lease of Crown land subject to the terms and reservations he considers advisable, including an option to purchase the land.
Historical Note(s): 1970-17-35.
36. (1) The minister may issue a licence to occupy and use Crown land, called a "licence of occupation", subject to the terms and reservations he considers advisable.
(2) [Repealed 1982-35-9.]
Historical Note(s): 1970-17-36; 1979-14-5; 1982-35-9.
37. (1) The minister may, subject to terms and conditions he considers advisable,
(a) grant or otherwise create a right of way or easement over Crown land, and
(b) grant or otherwise create over Crown land, the title to which is not registered under the Land Title Act, an easement without a dominant tenement for any purpose necessary for the operation and maintenance of the grantee's undertaking, including a right to flood.
(1.1) An easement of the kind described in subsection (1) (b)
(a) is not registrable, and
(b) ceases to exist over land forming all or part of its servient tenement the title to which becomes registered under the Land Title Act, but continues over any part of its servient tenement the title to which remains unregistered.
(2) An applicant for the right of way or easement over Crown land shall apply to the minister in the form and manner specified by him, accompanied by a map indicating the location of the proposed right of way or easement.
(3) [Repealed 1983-20-31, effective May 7, 1984 (B.C. Reg. 125/84).]
(4) An easement or right of way granted before or after May 1, 1970 may be continued or renewed by the minister for the period he believes proper, notwithstanding this Act or the Land Title Act, or that the servient tenement has ceased to be Crown land.
(5) To the extent necessary to give effect to this section, the rule requiring an easement to have a dominant and a servient tenement is abrogated.
(6) In respect of easements other than statutory rights of way as defined in the Land Title Act
(a) this section is retroactive in its application and applies to all easements over Crown land whenever created, and
(b) the Crown shall be deemed always to have been able to create easements by grant or otherwise.
Historical Note(s): 1970-17-37; 1978-25-332; 1980-22-4, proclaimed effective September 18, 1980; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83); 1983-20-31, effective May 7, 1984 (B.C. Reg. 125/84).
38. Where application for a disposition of unsurveyed Crown land has been approved subject to completion of a satisfactory survey, the minister may disallow the application if the survey is not completed in the time required by him or as extended by the Surveyor General.
Historical Note(s): 1970-17-38.
39. (1) The date of a disposition under this Act is the date on which the instrument creating the disposition is executed on behalf of the Crown.
(2) Where a survey is required, the minister may extend the date of the disposition to a date not more than 8 months after the date in subsection (1) or to the date the Surveyor General accepts the survey, whichever is sooner.
Historical Note(s): 1970-17-39; 1982-35-10.
Part 4 — Disposition of Crown Land — Cancellation, Amendment and Abandonment
40. (1) Where a person who holds a disposition of Crown land defaults in payment of money due to the Crown or fails or neglects to observe or perform a covenant, stipulation or term required by the minister, or set out in the disposition, the minister may send a notice by registered mail, addressed to the person at his last known address, requiring him to pay the money due or to comply with the covenant, stipulation or term, as the case may be, within 60 days after the notice is mailed.
(2) Where the default, failure or neglect continues after the 60 day period, the minister may cancel the disposition.
(3) Where the minister cancels a disposition under this section
(a) the interest in the Crown land of the holder of the disposition and of all persons claiming through him is forfeited and at an end;
(b) improvements to the land become Crown property; and
(c) money paid for the disposition is forfeited to the Crown.
(4) Where the disposition is in respect of a right of way or easement, the minister may extend the time to pay or comply up to 2 years after the notice is mailed.
(5) Where a disposition, registered in a land title office, is cancelled, the minister may, by certificate under his hand and seal setting out the reason for cancellation, require the registrar to cancel registration. The certificate is the authority for the registrar of the land title office to cancel the registration.
Historical Note(s): 1970-17-40; 1978-25-334.
41. (1) The minister may, for an approved application or a disposition, and if he considers it advisable, amend or correct the approval or disposition, disallow the application or cancel the disposition, or make whatever changes and adjustments in the approval or disposition he considers advisable, where he finds
(a) a clerical error in the names or description of the applicant, the description of the Crown land, or any other material part of the approval or disposition;
(b) that the Crown land is not available for disposition;
(c) that the survey is incorrect; or
(d) that information furnished by the applicant is incorrect.
(2) Where the minister disallows an application or cancels a disposition under this section, he may
(a) repay to the applicant the whole or part of the money paid on the application or disposition;
(b) repay to the applicant his survey costs; and
(c) pay to the applicant whatever compensation he considers advisable.
(3) Where a cancelled or amended disposition is registered in a land title office, the minister may, by certificate under his hand and seal setting out the reason for cancellation or the amendment, require the registrar to cancel or amend the registration. The minister's certificate is authority for the registrar to cancel or amend the registration.
Historical Note(s): 1970-17-41; 1978-25-334; 1990-4-4.
42. A person holding a disposition of Crown land may abandon and terminate a disposition by notifying the minister in writing. All improvements on the land and all money paid on account shall be absolutely forfeited to and become the property of the Crown.
Historical Note(s): 1970-17-42.
43. (1) Unless the minister otherwise directs, the holder of a disposition that is cancelled or abandoned shall, notwithstanding the cancellation or abandonment, pay all money and observe and perform all covenants, stipulations and terms of the disposition.
(2) Money remaining due to the Crown on a disposition is recoverable by the Minister of Finance as a debt due to the Crown.
Historical Note(s): 1970-17-43.
44. The minister may, in his discretion, withhold from disposition, for a period not exceeding one year, Crown land in a cancelled or abandoned disposition.
Historical Note(s): 1970-17-44.
45. (1) A Crown grant shall issue in the name of an applicant for a disposition by purchase, subject to this Act and regulations and the applicable terms, covenants and stipulations of any certificate of purchase, where the applicant pays the prescribed Crown grant fee and
(a) pays to the Minister of Finance the full purchase price, interest and all other money required to be paid for the disposition; and
(b) complies with the covenants, conditions and stipulations of the disposition.
(2) Where an applicant dies and the conditions in subsection (1) are complied with, a Crown grant shall issue to the personal representative of the deceased applicant.
Historical Note(s): 1970-17-45; 1982-35-11.
46. (1) A disposition of Crown land in fee simple may be in a form specified by the minister.
(2) The minister may, in a form specified by him, issue a supplementary grant of the timber to the registered owner of the land where
(a) in a grant of Crown land timber is reserved to the Crown; and
(b) the reserved timber is not held by any other person under licence, lease, permit, sale or other instrument from the Crown.
(3) A supplementary Crown grant shall not be issued under subsection (2) unless
(a) the minister considers it advisable; and
(b) he ascertains that the stumpage value of the timber is fully paid to the Crown.
Historical Note(s): 1970-17-46; 1976-27-8; 1979-14-5.1,9; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
47. (1) A disposition of Crown land under this or another Act
(a) excepts and reserves the following interests, rights, privileges and titles:
(i) a right in the Crown, or any person acting for it, to resume any part of the land which is deemed necessary by the Crown for making roads, canals, bridges or other public works, but not exceeding 1/20 part of the whole of the land, and no resumption may be made of any land on which a building has been erected, or which may be in use as a garden or otherwise;
(ii) a right in the Crown, or any person acting for it or under its authority, to enter any part of the land, and to raise and get out of it any geothermal resources and any minerals, precious or base, including coal, petroleum and any gas or gases, which may be found in, on or under the land, and to use and enjoy any and every part of the land, and of its easements and privileges, for the purpose of the raising and getting, and every other purpose connected with them, paying reasonable compensation for the raising, getting and use;
(iii) a right in any person authorized by the Crown to take and occupy water privileges and to have and enjoy the rights of carrying of water over, through or under any part of the land granted, as may be reasonably required for mining or agricultural purposes in the vicinity of the land, paying a reasonable compensation to the grantee, his successors and assigns; and
(iv) a right in any person authorized by the Crown to take from any part of the land granted, without compensation, gravel, sand, stone, lime, timber or other material which may be required in the construction, maintenance or repair of a road, ferry, bridge or other public work; and
(b) conveys no right, title or interest to geothermal resources as defined in the Geothermal Resources Act, minerals and placer minerals as defined in the Mineral Tenure Act, coal, petroleum as defined in the Petroleum and Natural Gas Act, or to gas, that may be found in or under the land; and
(c) conveys no right, interest or estate to highways, within the meaning of the Highway Act, existing over or through the land at the date of the disposition.
(2) Subsection (1) applies whether or not express words are used in the disposition, but is subject to subsection (3).
(3) A disposition of Crown land under another Act that expressly authorizes the disposition on terms different from those referred to in subsection (1) may be made on those terms, and in that case the disposition shall refer to the Act that authorizes the different terms and state the terms on which the disposition is made.
(4) A disposition of Crown land may, by express words, except or reserve to the Crown rights and privileges more extensive than those referred to in subsection (1).
(5) For all purposes, including section 23 of the Land Title Act, every disposition of Crown land shall be conclusively deemed to contain express words making the exceptions and reservations referred to in subsection (1) of this section, except to the extent that the disposition is made on different terms as authorized by subsection (3).
(6) The power given by subsection (4) to except and reserve rights and privileges includes a power to create a right of way, and where this is done
(a) the Crown is, with respect to the right of way, a grantee,
(b) the right of way shall be conclusively deemed to be necessary for the operation and maintenance of the Crown's undertaking, and
(c) section 214 of the Land Title Act applies.
Historical Note(s): 1970-17-Form 3; 1979-14-6; 1980-22-5, proclaimed effective September 18, 1980; 1982-14-26; 1988-5-68.
48. (1) Notwithstanding any other provision of this Act, and subject to the terms, reservations and restrictions as he considers advisable, the Lieutenant Governor in Council may make or approve of a grant of Crown land, free or otherwise, to a Crown corporation or limited to a specific public purpose.
(2) Land registration fees are not payable by a Crown corporation to a registrar for an application for registration of a Crown grant under this section.
Historical Note(s): 1970-17-48; 1977-76-17.
49. (1) Where the minister finds that a term, covenant, stipulation, reservation or exemption in a Crown grant issued under this or a former Act, other than one contained in the forms prescribed by the Act under which the Crown grant was issued, has been included in error or is no longer required in the public interest, the minister may declare it to be void and of no effect.
(2) A certified copy of the declaration made under subsection (1) may be filed with the registrar of the land title district. The registrar shall annex the copy to the Crown grant and make appropriate entries in his register as he considers necessary.
(3) The power conferred by this section may be exercised whether or not title to the land is registered in a land title office.
Historical Note(s): 1970-17-49; 1978-25-333; 1982-76-23.
50. (1) Where, in a Crown grant under this Act, the minister finds an omission of the conditions of the Crown grant or the issue of a Crown grant under this or a former Act in the name of the wrong person or with a clerical error or defective description of the land intended to be granted he may, if he considers it advisable, direct the defective Crown grant to be cancelled and a correct one issued, or make whatever changes and adjustments he considers advisable to rectify the error.
(2) A corrected Crown grant relates back to the date of the cancelled grant and has the same effect as if issued at the date of the cancelled grant.
(3) Where the minister cancels a Crown grant under this section or if he finds that the Crown land was not available for disposition, or that the survey or information furnished by the applicant was incorrect, section 41 (2) applies or the minister may substitute other Crown land of a value which he considers reasonable in the circumstances.
(4) Where other land is substituted, the minister shall issue a Crown grant for the substituted land and, if he considers it advisable, the new grant may be dated as of the date of the original Crown grant. The substituted Crown grant has the same effect as if it had been issued on the original date.
(5) The power conferred by this section may be exercised whether or not title to the land has been registered in a land title office.
(6) Where a grant is cancelled, the registrar of the appropriate land title office shall cancel registration of the indefeasible title or absolute title of the land.
(7) A person having possession of a cancelled Crown grant shall deliver it to the minister when required to do so.
Historical Note(s): 1970-17-50; 1978-25-334; 1982-60-102, proclaimed effective August 1, 1983; 1990-4-5.
51. (1) A Crown grant issued after April 5, 1968 for land sold or for the issue of which provision is made under this Act or any other Act, general or special, shall, on its issue, be transmitted to the proper land title office for registration. If the registrar is satisfied that the boundaries of the land are sufficiently defined by the description, he shall
(a) register the title granted in the register, subject to the provisions of the grant, in the name of the grantee, without application therefor; and
(b) give notice of registration to the grantee.
(1.1) Notwithstanding the Land Title Act, no fee is payable to a registrar for registration of a Crown grant issued under this Act or the Ministry of Lands, Parks and Housing Act.
(2) [Repealed 1982-60-103, proclaimed effective August 1, 1983.]
(3) A Crown grant issued before April 6, 1968 is registrable under the law in force immediately before that date, except that the fees for registration shall be those currently applicable and, on registration, the grantee is entitled to become the registered owner of the indefeasible title to the land.
Historical Note(s): 1970-17-51; 1978-25-334; 1982-60-103, proclaimed effective August 1, 1983; 1986-15-5, effective August 26, 1986 (B.C. Reg. 193/86).
52. (1) Where Crown land is or has, prior to March 27, 1961, been disposed of by Her Majesty in right of the Province by Crown grant, and the map or plan attached to the grant shows a lake, river, stream or other body of water coloured, outlined or designated in a colour other than red, no part of the bed or shore of the body of water below its natural boundary shall pass or be deemed to have passed to the person acquiring the grant unless
(a) there is express provision in the grant to the contrary; or
(b) the minister otherwise directs by certificate under section 55.
(2) Nothing in any Act or rule of law to the contrary shall be construed to vest or to have vested in any person the land that comprises the bed or shore of the body of water below the natural boundary, and notwithstanding an indefeasible or absolute title to land, the title shall be construed accordingly.
(3) When land, the title to which has been forfeited, reverted or otherwise returned to the Crown, is or has been granted by the Crown and the grant does not have a map or plan attached but describes the land granted by reference to its official plan, the description used shall be deemed not to include or to have included any land below the natural boundary of the body of water coloured, outlined or designated in a colour other than red on the map or plan attached to the last preceding Crown grant of that land, and the grant shall be construed accordingly.
(4) Where Crown land bordering on a lake, river, stream or a body of water is or has been granted by the Crown, in the absence of an express provision in the Crown grant to the contrary, no part of the bed or shore of the body of water below its natural boundary shall pass or shall be deemed to have passed to the person acquiring the land, and the Crown grant shall be construed accordingly, notwithstanding a rule of law to the contrary.
Historical Note(s): 1970-17-52(1,2,4); 1982-60-104, proclaimed effective August 1, 1983.
53. (1) Section 52 (1), (2) and (3) applies regardless of the area shown on the Crown grant or on the official plan, and the area of land shown on the map or plan attached to the Crown grant shall not be reduced by any lettering or numbering on the map or plan.
(2) Section 52 does not affect the right of
(a) a grantee from the Crown or of a person claiming under the Crown, where the right has been determined by a court prior to March 27, 1961;
(b) the registered owner of land to whom an indefeasible or absolute title has issued prior to March 27, 1961 that specifically includes the bed of a body of water coloured, outlined or designated in a colour other than red on the map or plan attached to a Crown grant; or
(c) the owner of land in a subdivision, the plan of which was deposited in the appropriate land title office prior to March 27, 1961, where the plan includes the bed of a body of water coloured, outlined or otherwise designated in a colour other than red on the map or plan annexed to a Crown grant.
Historical Note(s): 1970-17-52(3,5); 1976-27-9; 1978-25-334; 1982-60-105, proclaimed effective August 1, 1983.
54. Where Crown land is disposed of by Crown grant and the map or plan annexed to the grant shows a road coloured, outlined or designated in a colour other than red, no part of the road passes to the grantee, and, unless there is express provision in the grant to the contrary, the road is deemed to be, for a grant issued
(a) before January 3, 1977, 20.1168 m in width; and
(b) after January 2, 1977, 20 m in width.
Historical Note(s): 1976-27-9.
55. (1) Where doubt exists whether a body of water or road shown on the map or plan annexed to a grant from the Crown is included in the grant, or whether it is in the public interest that the part coloured other than in red need be retained by the Crown, a person proposing to subdivide may apply to the minister for a declaration of intention about that part.
(2) The application shall be accompanied by a print of the proposed plan of subdivision.
(3) On receipt of a plan certified by the registrar as being otherwise acceptable for deposit the minister may, if he considers it advisable, endorse a declaration on the plan that the land is included in the grant or need not be retained by the Crown.
(4) The deposit in the land title office of an endorsed plan vests title to the land referred to in the declaration in the owner of the land covered by the plan without an instrument of transfer.
(5) Where the title to the land contained in the plan is subject to a registered charge, the charge shall be deemed to be modified by including the land described in the declaration.
Historical Note(s): 1970-17-53; 1978-25-334.
Part 6 — Unauthorized Use and Trespass
56. Section 57 applies to a person who
(a) possesses, occupies or uses Crown land without lawful authority;
(b) being the holder of a lease, right of way, easement or licence of occupation issued under this Act, uses the land for a purpose not provided for in the disposition; or
(c) is guilty of an act or default by which the lease, right of way, easement or licence of occupation may be terminated.
Historical Note(s): 1970-17-54(1).
57. (1) Where section 56 applies to a person, the minister may
(a) notify him to cease unauthorized occupation or use, to give up possession of the land and to restore the land to a condition satisfactory to the minister;
(b) require the person to pay the Minister of Finance a sum of money considered by the minister reasonable in the circumstances for the use or occupation of the land or for its restoration;
(c) cancel the lease, right of way, easement or licence;
(d) direct a sheriff or a director to seize on the minister's behalf all improvements, logs, machinery, equipment, goods, chattels or other materials on the Crown land or in or on water on the land; and
(e) require the person to remove improvements on the land, to the minister's satisfaction, within the time specified in the notice, and may, on failure of the person to comply, remove the improvements and require the person to pay the cost of removal.
(2) The notice under this section may be delivered by registered mail addressed to the person using or in possession of the Crown land, or, if the person is unknown, by posting it on the Crown land.
(3) Money required to be paid under this section is recoverable by the Minister of Finance as a debt to the Crown.
(4) Anything seized under this section becomes the property of the Crown and the minister may, in his discretion, authorize it to be sold, rented, removed or destroyed.
Historical Note(s): 1970-17-54; 1976-27-10; 1977-76-17; 1980-22-6, proclaimed effective September 18, 1980.
58. (1) A person who uses, occupies or is in possession of Crown land without lawful authority as set out in section 56 commits an offence.
(2) A person who refuses or neglects to comply with the requirements of the minister set out in a notice under section 57 commits an offence.
Historical Note(s): 1970-17-55; 1980-22-7, proclaimed effective September 18, 1980.
59. (1) At any time before a disposition is made pursuant to an application, any person may object to the application by filing a notice of objection, setting out the particulars of the objection, in the office of the commissioner for the land recording district in which the land applied for is located.
(2) Where a notice of objection to an application is filed under subsection (1), the minister has the absolute discretion to decide whether or not the objection warrants a hearing, and if in the minister's opinion it does the minister shall appoint a person, who the minister considers to be qualified, to hold a hearing inquiring into that objection; and the minister may provide for the person's remuneration.
(3) Section 15 of the Commercial Appeals Commission Act applies for the purpose of a hearing under this section.
(4) After the hearing into an objection filed under subsection (1), the person appointed to hold the hearing shall submit to the minister a report containing recommendations that the person considers just respecting the disposition of the Crown land involved.
(5) The minister shall review the report submitted under subsection (4) and, after taking into account the recommendations contained in the report, may make any order that the minister considers just respecting the disposition of the Crown land involved.
Historical Note(s): 1990-4-6.
59.1 (1) A person affected by an order of the minister under section 59 (5) respecting the disposition of Crown land may appeal the order to the Supreme Court on a question of law.
(2) An appeal under subsection (1) must be commenced within 60 days after the order of the minister.
(3) The minister may appear and be heard or represented on the appeal and on any further appeal and the minister must be served with notice of an appeal.
(4) An appeal from a decision of the Supreme Court lies to the Court of Appeal with leave of a justice of the Court of Appeal.
Historical Note(s): 1990-4-6.
60. Except as otherwise provided in this Act, a person lawfully entitled to occupy Crown land by virtue of a certificate of purchase, lease, right of way, easement or licence of occupation may for that land take proceedings against any person for recovery of possession of or for trespass to the interest in the land in the same manner and to the same extent as if he were the registered owner of the land.
Historical Note(s): 1970-17-57.
61. (1) The Lieutenant Governor in Council may, by order, prohibit a specific use of Crown land in a designated area.
(2) A person who uses Crown land in a designated area in a manner prohibited under subsection (1) commits an offence.
(3) An order under subsection (1) is a regulation under the Regulation Act.
Historical Note(s): 1982-35-12.
62. (1) A person shall not throw, deposit, dump or in any way cause to be placed on Crown land any glass, metal, garbage, soil or other substance without the authority of the minister.
(2) A person who contravenes this section commits an offence.
(3) A member of the Provincial or a municipal police force may arrest, without warrant, a person whom he finds committing an offence under this section, and may detain the person until he can be brought before a justice to be dealt with according to law.
Historical Note(s): 1970-17-59.
63. Every person who is convicted of an offence against this Act, for which no penalty is provided, is liable on conviction to a fine not exceeding $300 or to imprisonment for a term not exceeding 60 days, or to both the fine and imprisonment.
Historical Note(s): 1970-17-60; 1986-15-6, effective August 26, 1986 (B.C. Reg. 193/86).
64. (1) Crown land may be surveyed into district lots, rectangular in shape and bounded by lines run as nearly as may be true north and south and east and west.
(2) Lots may, at the discretion of the Surveyor General, be polygonal in shape and oriented to conform to topography.
(3) The natural boundary of a body of water may be adopted as a boundary of adjoining land.
(4) A conventional boundary may be established in a survey of Crown land, and land defined by a conventional boundary carries with it the rights and incidents as if it was bounded by the natural boundary.
(5) Lots surveyed in a land district shall be numbered in a consecutive numbering system for each land district. A location reference from the national topographic map system may be added.
Historical Note(s): 1970-17-61(1,2,3,4,6).
65. The area of a lot shall not exceed 520 ha except
(a) there is no limit for dispositions under sections 16 and 17;
(b) where a survey is made under section 66; or
(c) where one of the lot boundaries is a natural boundary, in which case a lot area may not exceed 550 ha.
Historical Note(s): 1970-17-61(5); 1976-27-11.
66. (1) The Canada lands township system may be applied to a survey of Crown land in those areas formerly known as the Railway Belt and the Peace River Block.
(2) The area of a section under this section shall not exceed 260 ha unless the official plan of survey indicates a greater area.
Historical Note(s): 1970-17-62; 1976-27-12.
67. (1) A survey may not be used or adopted for the purpose of this Act unless it is accepted and confirmed in writing by the Surveyor General on the official plan.
(2) A survey so confirmed is deemed for all purposes to have been made in compliance with this Act.
Historical Note(s): 1970-17-63.
68. The Surveyor General may make regulations necessary or advisable for surveys under this Part.
Historical Note(s): 1970-17-64.
69. A person who is not a British Columbia land surveyor acting under instruction of the Surveyor General may not carry out a survey under this Act.
Historical Note(s): 1970-17-65.
70. Where examination discloses that a survey on the ground differs materially from the field notes or plan of survey of land filed in the ministry and confirmed by notice in the Gazette, or by the signature of the Surveyor General, or where for any other reason he considers it advisable, the Surveyor General may, by notice in the Gazette, cancel the field notes or plan of survey, and may order a resurvey of the land affected.
Historical Note(s): 1970-17-66(1); 1977-75-1.
[Editorial Note(s): see also sections 71, 77 to 80.]
71. The minister may cause a survey to be made of Crown land. Unless the minister otherwise orders or section 73 (2) applies, an applicant for unsurveyed Crown land shall pay the cost of a survey of that land.
Historical Note(s): 1970-17-67.
72. (1) The Surveyor General, on the request of the British Columbia land surveyor engaged by the applicant, shall issue instructions about the survey to the surveyor.
(2) The survey shall be completed in the time specified in the instructions, and the survey records forwarded immediately to the Surveyor General, unless, in special circumstances, he extends the date for completion.
(3) If the survey is not completed and forwarded by the date or extended date specified, the surveyor shall discontinue the survey and advise the applicant.
(4) A surveyor who discontinues a survey shall immediately forward to the Surveyor General the field notes and the results of the work to date.
(5) If for any reason the survey is not satisfactory to the Surveyor General, he may require a further survey or report.
Historical Note(s): 1970-17-68,69.
73. (1) The minister may reject a survey where he considers it is not in the public interest to dispose of the Crown land by reason of
(a) a report or a survey of a British Columbia land surveyor; or
(b) information received subsequent to the acceptance of an application for a disposition.
(2) Unless there was misrepresentation on the part of an applicant, the Crown shall pay the costs of the rejected survey.
Historical Note(s): 1970-17-70.
74. The Surveyor General may establish or cancel an allowance for a road or walkway on the border of or through a section, lot or block of Crown land.
Historical Note(s): 1990-4-7.
75. Where the minister considers it advisable, he may authorize the Surveyor General to establish a public road allowance through Crown land to give access to privately owned land being subdivided. The Surveyor General may sign the subdivision plan.
Historical Note(s): 1970-17-72.
76. Where land, subdivided under the Land Title Act by plan or description, has a natural boundary that adjoins Crown land, the owner may apply to the minister to replace the natural boundary by a boundary by agreement by deposit of a new subdivision plan in a land title office. The minister, if he approves, may agree to the boundary by agreement and the plan and so endorse the plan.
Historical Note(s): 1970-17-73; 1978-25-332,334.
77. The Surveyor General may, where he considers it advisable, carry out a reposting survey to replace lost original posts or monuments of a district lot or section, whether owned by the Crown or otherwise.
Historical Note(s): 1970-17-74.
78. (1) The Surveyor General may, if he considers it advisable to replace a boundary established under an original survey and confirmed under any Act with a boundary by agreement, order a resurvey of that boundary.
(2) A resurvey under this section shall not be ordered unless
(a) the Surveyor General receives an application from the owner of the land affected by the boundary;
(b) the owners, if any, of all registered charges against the land consent to the resurvey; and
(c) the land adjoins Crown land.
Historical Note(s): 1970-17-76(1,2).
79. (1) The Surveyor General may order a resurvey of land where posts or boundaries of an original survey of a district lot or section have disappeared and cannot be located, and he considers it advisable.
(2) Where Crown land has been disposed of, the Surveyor General shall not order a resurvey under this section unless he receives an application for a resurvey from an owner of land within the area of the proposed resurvey.
Historical Note(s): 1970-17-75(1,2).
[Editorial Note(s): see section 70.]
80. (1) Section 70 does not apply to land granted by the Crown unless the grant or indefeasible or absolute title has been cancelled.
(2) Sections 78 (1) and 79 (1) do not apply where land is subdivided or where a survey is directed under the Land Survey Act.
Historical Note(s): 1970-17-66(2),75(3),76(3); 1982-60-106, proclaimed effective August 1, 1983.
[Editorial Note(s): see s. 77.]
81. (1) Where a person makes an application to the Surveyor General for a resurvey under section 78 or 79, and the Surveyor General believes that other persons or owners of land are likely to be adversely affected by a resurvey, he shall direct the applicant for the resurvey to publish a notice in a satisfactory form in one issue of the Gazette and one issue of a newspaper circulating in the land district.
(2) The notice shall set out a time and place for a hearing of the resurvey application by the Surveyor General.
(3) At the time and place, the Surveyor General or a person appointed by him shall hear the evidence of the applicant for a resurvey and of any person adversely affected, and he shall decide whether to order the resurvey. The order, subject to appeal to the minister, is final and binding on all persons.
Historical Note(s): 1970-17-77,78(2,3,4).
82. (1) The Surveyor General or the person appointed, on a hearing under section 81, may
(a) receive any evidence he thinks proper to admit;
(b) examine on oath a person affected and his witnesses; and
(c) adjourn the hearing as he considers advisable.
(2) If the hearing is conducted by a person appointed, he shall report his decision immediately to the Surveyor General.
Historical Note(s): 1970-17-79.
83. (1) The Surveyor General may confirm a plan of resurvey ordered by him by his signature on the plan, or, if he considers it advisable, he may order supplementary work.
(2) On receipt by him of the British Columbia land surveyor's report of the supplementary work, the Surveyor General may confirm the resurvey as originally submitted or with amendments he considers advisable.
Historical Note(s): 1970-17-80.
84. Where section 81 applies and the resurvey is complete, the person applying for it shall deposit a copy of the new plan in the office of the commissioner of the land recording district, or of the clerk of the municipality where the land is situated.
Historical Note(s): 1970-17-78(1).
85. On confirmation by the Surveyor General of a resurvey,
(a) the resurvey becomes and is for all purposes deemed to be the original survey of the land in or affected by the resurvey;
(b) the boundaries established by the previous survey have no further effect;
(c) the notes or plans of the previous confirmed survey have no further effect; and
(d) the Surveyor General shall deposit a copy of the confirmed resurvey plan in the proper land title office.
Historical Note(s): 1970-17-81; 1978-25-334.
86. (1) Where on a resurvey a person acquires land and its improvements, he shall pay the person from whom the land and improvements are taken by the resurvey compensation in an amount fixed by the minister.
(2) Where either person is dissatisfied with the amount of compensation fixed by the minister, he shall submit the dispute to arbitration
(a) to a single arbitrator, if both persons concur in his appointment; or
(b) to 3 arbitrators appointed under the Commercial Arbitration Act.
(3) The Commercial Arbitration Act applies to an arbitration under this section and the award is binding on the parties to the arbitration.
Historical Note(s): 1970-17-82; 1986-3-53, effective July 4, 1986 (B.C. Reg. 148/86).
87. (1) Where land is resurveyed under this Part, the owners or holders of dispositions contained in the plan of resurvey shall jointly pay
(a) the cost of the resurvey;
(b) the fee and expense of a person appointed to hear objections under section 81; and
(c) any other cost and expense to complete and register the plan of resurvey.
(2) The minister shall fix the amount payable by each owner or holder of the total amount payable in the same proportion as his area bears to the total area of land contained in the plan of survey.
(3) Where it is considered advisable by the minister or a municipality, the Crown or the municipality may assume all or part of the cost or expense referred to in subsection (1).
Historical Note(s): 1970-17-83(1,3,6); 1976-27-13.
88. (1) Where the land of an owner or holder of a disposition is in a rural area, the Crown may recover the amount payable by him and not paid by him, as if it were a tax levied under the Taxation (Rural Area) Act. The assessor shall, on receipt of the minister's certificate of the amount owing, place the amount on the assessment roll against the land for recovery as tax.
(2) Where the land of the owner or holder of a disposition is in a municipality, the municipality shall pay the cost and expense not paid by him.
(3) The municipality may recover an amount paid by it under this section as if it were a tax levied under the Municipal Act. The municipal clerk shall place the amount on the assessment roll against the land for recovery as tax.
Historical Note(s): 1970-17-83(2,4,5).
89. (1) Notwithstanding section 45, the minister may authorize the execution of a Crown grant where all money payable to the Crown for it has not been paid, provided payment of the money has been secured to the satisfaction of the minister.
(2) Where a Crown grant is executed under subsection (1), the minister may send to the registrar for the land title district in which the land is situated a certificate signed by him containing
(a) a description of the land satisfactory to the registrar;
(b) a statement of the principal sum remaining payable for the grant;
(c) the rate of interest payable;
(d) the terms of repayment;
(e) the name, address and occupation of the person who is to pay the money; and
(f) an application, in a form that complies with the Land Title Act, to register the certificate as a charge in the land title office.
(3) A certificate under subsection (2) shall be deemed to be a mortgage to which sections 9 and 10 of the Land Transfer Form Act apply. The registrar shall, without fee, register it as a charge against the title to the land described in it.
(4) Registration of the certificate creates a legal mortgage
(a) of the land described in it;
(b) by the person named in it as mortgagor;
(c) to the Crown as mortgagee;
(d) on terms prescribed under this Act for these mortgages, and on any other terms stated in it.
(5) The general law between mortgagor and mortgagee applies to a mortgage created under this section, and the Crown may enforce the mortgage by a proceeding in a court for foreclosure, payment of the mortgage debt, possession, judicial sale, the appointment of a receiver and by any other remedy ordinarily available to a mortgagee to enforce his security.
(6) On payment of the mortgage debt, the minister shall send a certificate of discharge to the registrar, who shall cancel the registration of the charge.
Historical Note(s): 1979-14-7; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
90. (1) Where he considers it advisable in the public interest, the Lieutenant Governor in Council may authorize the exchange of Crown land for other land of substantially the same value, or may accept in exchange for Crown land other land of less value, together with payment of money for the difference in value.
(2) Crown land exchanged under this section shall be conveyed by Crown grant under this Act, subject to the terms, convenants, stipulations, reservations or exemptions the minister considers advisable.
(3) Notwithstanding any other Act, where timber on the Crown land and on the other land exchanged under this section are not, under the Forest Act, subject to the same royalty rates, the Lieutenant Governor in Council may, by increasing or decreasing the royalty rate on the timber on the Crown land, equalize the royalty rates.
Historical Note(s): 1970-17-85; 1972-58-9; 1977-75-13; 1978-23-166.
91. Where Crown land is occupied, with or without lawful authority, prior to the issue of a disposition under this Act, the minister may require payment of a rental by the occupier for the period of occupation at a rate he determines. Payment of the rental is a condition precedent to the issue of a disposition.
Historical Note(s): 1970-17-86.
92. (1) The minister may in writing, on terms and conditions he considers appropriate, delegate
(a) to a public officer in the ministry, power to act on his behalf for any act or thing required to be done by him under this Act, or
(b) to a public officer, power to act on his behalf in the enforcement, administration or management of dispositions made pursuant to this Act.
(2) Where an applicant, by reason of illness or other unforeseen circumstance, does not comply with a provision of this Act, regulations, or a term, covenant or stipulation in a disposition, the minister may, if he considers it advisable, if no other person is or is likely to be prejudiced and if all other provisions of this Act and regulations have been complied with, extend the time for compliance by the applicant, or vary the terms, covenants or stipulations of the disposition.
Historical Note(s): 1970-17-87,89; 1977-75-1; 1981-21-31.
93. A disposition of Crown land shall be in the applicant's name only.
Historical Note(s): 1970-17-88.
94. (1) An assignment, quit claim or other transfer of land for which an application for a disposition has been filed under this Act is not valid until after a certificate of purchase, a lease or licence, as the case may be, has been issued.
(2) A person may not dispose of or deal with an interest in Crown land held under a disposition, other than a Crown grant, unless
(a) the disposition under which the interest is held expressly allows it, or
(b) the minister approves in writing the disposition or dealing.
(3) Every purported disposition made in contravention of this section is void and the minister may, if he considers it advisable, cancel the Crown disposition.
(4) As a condition precedent to his approval under subsection (2), the minister may require the applicant to carry out and perform, in respect of the land, additional terms, covenants or stipulations which shall be binding on every successor in title to the land.
Historical Note(s): 1970-17-90; 1980-22-8, proclaimed effective September 18, 1980.
95. (1) The minister may give notice to the holder of a certificate of purchase requiring him within 6 months from the date of the notice to apply for the Crown grant where
(a) the purchase price is paid in full and all other terms, covenants and stipulations of the certificate of purchase are complied with; and
(b) the purchaser has not applied for a Crown grant.
(2) The minister shall mail the notice by registered mail addressed to the purchaser at his last known address, and may give additional notice in a manner he considers advisable.
(3) Where the purchaser does not apply for the Crown grant within the time fixed by this section, the minister may cancel the certificate of purchase by an entry on the records in the ministry.
(4) On cancellation all improvements on the land, all rights of the purchaser to the land and improvements and all money paid on account of the purchase price are forfeited to and vested in the Crown.
Historical Note(s): 1970-17-91; 1977-75-1.
96. (1) Where a person claims an interest in Crown land, the minister may require the person to file with him a statement of his claim within a specified time.
(2) The minister shall examine and consider the claim and may confirm or reject the whole or part of it and make the disposition of the Crown land he considers advisable.
(3) The claim is extinguished where the claimant fails to file a statement within the time specified or where the minister rejects the claim.
Historical Note(s): 1970-17-92.
97. Where the Crown is the owner of land in a subdivision plan and proceedings are proposed under part of the land title legislation, the minister, if he considers it advisable, may sign a petition or give a consent on behalf of the Crown where either may be required for the proceedings.
Historical Note(s): 1970-17-93.
98. (1) Where the Crown is a registered owner of an indefeasible or absolute title to land free of encumbrances, the minister may order that the registration be removed from the operation of the Land Title Act.
(2) On receiving an order of the minister under subsection (1), the registrar of the land title office shall cancel the registration of the indefeasible or absolute title to the land described in the order and call in and cancel any duplicate indefeasible title or certificate of title that has been issued.
(3) On cancellation under subsection (2), the land shall be dealt with under this Act.
Historical Note(s): 1982-60-107, proclaimed effective August 1, 1983.
99. In addition to persons authorized by the Evidence Act, the deputy minister, an assistant deputy minister, the Surveyor General, a commissioner and a director are commissioners for taking affidavits for British Columbia for an affidavit required under this Act.
Historical Note(s): 1976-27-14; 1980-22-9, proclaimed effective September 18, 1980.
100. The minister, deputy minister and an employee of the ministry having identification from the ministry for the purpose, and a commissioner, shall, to discharge his duties under this Act, have at reasonable times a right to enter Crown land and premises.
Historical Note(s): 1970-17-96; 1977-75-1.
101. (1) Land acquired by a ministry on behalf of the Crown shall be administered by the minister of that ministry.
(2) Notwithstanding anything in this Act, the minister may transfer, on terms and conditions he considers appropriate, the administration of Crown land to any ministry of the government or may accept a transfer of Crown land from any ministry of the government to his ministry.
(3) A power under any Act, other than the Ministry of Lands, Parks and Housing Act, to dispose of the fee simple in Crown land as defined in this Act, shall be exercised in compliance with this Act.
(4) Notwithstanding any other Act, a transfer of the administration of Crown land to the minister authorizes him to exercise his powers in relation to that land under this Act or any other Act under his administration.
(5) Subsection (3) does not apply to a disposition made by the Lieutenant Governor in Council under the Highway Act or by the Minister of Municipal Affairs under the Municipal Act.
(6) The requirement in section 214 (1) of the Land Title Act that a statutory right of way be for a purpose necessary for the operation and maintenance of a grantee's undertaking does not apply where the grantee is the Crown.
Historical Note(s): 1979-14-8; 1980-22-10, proclaimed effective September 18, 1980; 1985-13-6, effective June 28, 1985 (B.C. Reg. 197/85).
102. An action may not be brought against the minister, a public official in the ministry, a person appointed under section 59 (2) or a land commissioner for an act or omission done or omitted in good faith in the performance of a duty imposed or authority conferred under this Act.
Historical Note(s): 1970-17-99; 1977-75-1; 1990-4-8.
104. (1) The commissioner of each land recording district shall keep a register of applications for a disposition filed with him under this Act, which shall include for each application, its number, the applicant's name and address and a short description of the Crown land applied for.
(2) A person may, during business hours, search the register.
Historical Note(s): 1970-17-103.
105. (1) Except for a Crown grant, a disposition shall be executed by the director or another person designated in writing by the minister.
(2) A Crown grant shall be executed under the minister's seal of office by the minister or another person designated in writing by him.
(3) A disposition purporting to be executed as provided in this section is evidence in a proceeding of the disposition, without proof of the signature of the person executing it.
(4) The minister shall have a seal of office imprinted with the words "Minister of Lands, Parks and Housing".
Historical Note(s): 1970-17-105; 1976-27-15; 1980-22-11, proclaimed effective September 18, 1980.
106. The Lieutenant Governor in Council may make regulations.
Historical Note(s): 1970-17-104.
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