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"Point in Time" Regulation Content

Assessment Act

Railway Right of Way Valuation Criteria Regulation

B.C. Reg. 326/96

 Regulation BEFORE repealed by BC Reg 51/2016, effective March 2, 2016.

B.C. Reg. 326/96
O.C. 1329/96
Deposited November 18, 1996

Assessment Act

Railway Right of Way Valuation Criteria Regulation

[includes amendments up to B.C. Reg. 89/2004]

Criteria — basic corridor

1   In prescribing rates under section 21 (1) (e) of the Assessment Act for a continuous strip of land of up to 100 feet in width, or a siding, wye, spur or interchange that must be considered part of the right of way for the track in place of the railway corporation because it meets the criteria prescribed under section 74 (2) (e) of the Assessment Act, the following criteria apply:

(a) a prescribed rate should approximate the rate that is the average for assessments across British Columbia as contained in the revised assessment rolls for the preceding taxation year for parcels of land abutting rights of way for track in place of railway corporations;

(b) the average referred to in paragraph (a) may be a weighted average by assessment area or part of an assessment area;

(c) in prescribing a rate, adjustments may be made to reflect restrictions in the title or the size of the land.

[am. B.C. Reg. 89/2004, s. 1.]

Criteria — safe operation

2   In prescribing rates under section 21 (1) (e) of the Assessment Act for land not covered by section 1 that is required to control slope stability, remove snow, secure cuts and fills, protect a line of sight or prevent flooding to allow for the safe operation of track in place of a railway corporation that must be considered part of the right of way for the track in place of the railway corporation because it meets the criteria prescribed under section 74 (2) (e) of the Assessment Act, the following criteria apply:

(a) a prescribed rate should approximate the median rate for the assessments as contained in the revised assessment rolls for the preceding taxation year for the lowest valued land in each assessment area in British Columbia where land described in this section is located.

[am. B.C. Reg. 89/2004, s. 2.]

Criteria — north of 59th parallel

3   Despite sections 1 and 2, in prescribing rates under section 21 (1) (e) of the Assessment Act for land located north of the 59th north parallel of latitude that must be considered part of the right of way for the track in place of a railway corporation because it meets the criteria prescribed under section 74 (2) (e) of the Assessment Act, the following criteria apply:

(a) a prescribed rate should approximate the rate that is the average for assessments across British Columbia, north of the 59th north parallel of latitude, as contained in the revised assessment rolls for the preceding taxation year for parcels of land abutting rights of way for track in place of railway corporations;

(b) the average referred to in paragraph (a) may be a weighted average by assessment area or part of an assessment area; and

(c) in prescribing a rate, adjustments may be made to reflect restrictions in the title or the size of the land.

[am. B.C. Reg. 89/2004, s. 3.]

Note: this regulation replaces B.C. Reg. 400/93.

[Provisions of the Assessment Act, R.S.B.C. 1996, c. 20, relevant to the enactment of this regulation: section 74 (2) (f)]