|This archived statute consolidation is current to October 27, 2010 and includes changes enacted and in force by that date. For the most current information, click here.|
|This Act has "Not in Force" sections. See the Table of Legislative Changes.|
Part 28 — Replotting Schemes
Division 1 — Interpretation
982 For the purposes of this Part:
"common mass" means the common mass of property referred to in section 986 (1);
"district" means a part of a municipality defined by the council under section 984;
"former parcel" means a parcel existing before the completion of a replotting scheme, and includes any portion of land formerly a portion of a highway, park or public square, or of land indicated as such on a plan of subdivision deposited in the land title office;
"new parcel" means a parcel created or intended to be created by a replotting scheme, and includes a portion of land created or intended to be created as a portion of a highway, park or public square, or of land indicated as such on a plan of subdivision deposited in the land title office under this Part;
"owner" means a purchaser of real property under an unregistered agreement for sale and purchase, a registered owner of an estate in fee simple, a registered owner of a charge or a tax sale purchaser during the redemption period, and includes the Provincial government, a Provincial government corporation and the municipality.
983 (1) This Part applies to Crown land in a district held by purchasers from the Provincial government and in that case both the Provincial government and the purchasers are deemed to be owners for the purposes of this Part.
(2) [Repealed 1997-25-152.]
Division 2 — Preparation and Initiation of Scheme
984 A council may, by bylaw adopted by an affirmative vote of at least 2/3 of all its members,
(a) define a part of the municipality as a district for the purpose of replotting, and
(b) authorize the preparation of a scheme, including incidental preliminary surveys, for the replotting of the district.
985 (1) A replotting scheme must indicate the following:
(a) the proposed relocation and exchange of parcels of real property in which the Provincial government or the municipality has no estate or interest;
(b) whether compensation is to be proposed to the respective owners and its amount;
(c) the value of any surplus real property;
(d) the new location of a building, structure, erection or utility that is to be moved.
(2) A replotting scheme may set out an apportionment of the net cost of the scheme between the municipality and the owners, consideration being given to
(a) the saving that the scheme may effect in the expenditure of the municipality for highways and municipal utilities, and
(b) the increased taxation that may be derived by the municipality from the increased value of the real property in the district.
(3) An apportionment under subsection (2) may or may not be as provided by section 1011.
986 (1) For the purpose of a replotting scheme, all the parcels and highways and all other real property in the district at the initiation of the scheme form one common mass of real property.
(2) From the common mass is to be taken the real property necessary for highways, parks or public squares, which stands in the place of and compensates the Provincial government, the municipality and the public for the surrender of all former highways, parks or public squares.
(3) The remainder of the common mass must be divided into parcels for allotment to the owners in a fair and equitable manner, so that as far as possible the value of new parcels allotted to them are equal to the value of their former parcels.
(4) An allotment, decision, award, consent or other proceeding under this Part is binding on and inures to the benefit of the person who owns the real property affected.
987 (1) In a replotting,
(a) effort must be made to allot to owners new parcels in approximately the same location as their former parcels, and
(b) parcels with buildings, structures, erections or utilities erected on them, subject to the necessary adjustment of boundaries, must be returned to their former owners wherever practicable.
(2) The allotment of new parcels in exchange for former parcels must be carried out as far as practicable with the consent of the respective owners.
(3) Failing consent of an owner, there may be allotted to the owner a new parcel or parcels of value equal as nearly as possible to the value of the owner's former parcel or parcels, or compensation in money may be made to the owner instead of an allotment of real property.
(4) Unavoidable differences of value between former parcels and new parcels may be equalized by
(a) granting money compensation, or
(b) with the owner's consent or agreement, allotting to the owner of a new parcel of greater value than the owner's former parcel for a cash payment or on terms.
(5) If a new parcel is allotted under subsection (4) (b) on terms, the municipality may take a mortgage, with agreed interest, from the owner for payment of the difference in value.
(6) Any real property not allotted as provided above may be allotted to any owner at an agreed price, the amount of which must be paid to the municipality.
(7) The whole of the real property remaining unallotted must be allotted to the municipality and is surplus real property.
988 Subject to making compensation for a charge against a former parcel, the municipality may
(a) acquire such a charge and hold it as a charge against a new parcel allotted to the owner of the former parcel, and
(b) take all necessary proceedings for the collection of the amount due under and by virtue of the charge or for the sale, transfer or realization of the security created by it.
989 (1) Before initiating a replotting scheme, the council must have notice of the scheme published in a newspaper.
(2) Also before initiating a replotting scheme, the council must have the following sent to each owner of a parcel in the district, in the manner provided for the giving of notice under section 414:
(a) a plan showing the real property in the district as presently subdivided and a plan showing that property as if replotted under the proposed scheme, with both plans having marked on them
(i) the dimensions of the boundaries of each parcel shown, and
(ii) the scale of the plan, which must be the same for both plans and which must not be smaller than 1 to 1 000;
(b) a statement of
(i) the estimated total cost of the scheme,
(ii) the cost to be borne by the municipality,
(iii) the total cost to be borne by all the owners, and
(iv) the portion of the cost for each new parcel;
(c) a statement showing
(i) the number of instalments by which the owner's share of the cost may be paid,
(ii) at what interval after completion of the scheme the first instalment will be due, and
(iii) at what intervals any remaining instalments will be due;
(d) the proposed allotment of new parcels for former parcels;
(e) a form of consent to the replotting proposed by the scheme as it affects the owner's property, including
(i) the details of
(A) any compensation proposed to be paid by the municipality for the real property as a result of the scheme, or
(B) any sums requested to be paid to the municipality for the real property as a result of the scheme, and
(ii) a space in which, if the owner signs the consent and returns it to the municipality, the owner must set out
(A) the market or true value of the real property, and
(B) the amount or proportion the owner considers to be the value of the owner's interest.
990 (1) The council may, by resolution, authorize the initiation of the replotting scheme without further consent by other owners in the district if the owners of parcels of real property, the assessed land value of which is at least 70% of the total assessed value of all the land in the district according to the last revised real property assessment roll, consent to the replotting set out in the scheme.
(2) A consent referred to in subsection (1) must be in writing in the form referred to in section 989 (2) (e).
(3) The calculation of the 70% of the assessed value referred to in subsection (1) must be determined as follows:
(a) land only, without improvements, is to be considered for the purpose of this section;
(b) the value of an owner's interest in a parcel is the assessed value of the parcel if
(i) the parcel is owned in fee simple, free of charges,
(ii) the parcel is owned by a purchaser from the Provincial government or from a Provincial government corporation and the purchaser has completed the payments but the Crown grant, order in council or conveyance has not been delivered to or registered by the purchaser, or
(iii) the parcel has been purchased at a tax sale and the period for redemption has not expired;
(c) in the cases of parcels of real property held subject to one or more charges,
(i) the value of the charges and of the estate in fee simple must be determined by multiplying the assessed value of the land by the true or market value of the particular interest in the parcel and dividing the resulting product by the true or market value of the parcel, and
(ii) if the true or market values of an interest in real property cannot be determined from the information supplied by owners of a parcel under section 989 (2) (e), the designated municipal officer must assess and determine the values for the purposes of subparagraph (i) from whatever records or information are available to that municipal officer;
(d) if a parcel of real property is held by a tenant for life,
(i) the true or market value of the life estate is its present worth as determined by using the official Statistics Canada Tabulations of British Columbia life expectancy in effect when the valuation is made, and
(ii) the true or market value of the estate in remainder in fee simple is the resulting balance, after subtracting the true or market value of the life estate from the true or market value of the parcel;
(e) in the cases of multiple ownership of estates in fee simple and charges,
(i) each tenant in common must be considered to consent to the proportion of the whole estate in fee simple or charge held by the tenant's proportion in the tenancy, and
(ii) each joint tenant must be considered to consent to an equal share with each of the tenant's co-joint tenants in the whole estate in fee simple or charge.
991 (1) At any time before the commissioner gives his or her decisions under section 1007 (3), the designated municipal officer must receive from any owner the consent in writing referred to in section 989 (2) (e).
(2) An owner who mails or delivers a consent to the municipality is bound by it, and no claims against the municipality may be allowed on matters specifically agreed to in the consent.
992 (1) Alterations may be made in the replotting scheme before its completion.
(2) If alterations affect the owners who have consented, the consent of all the affected owners is again required.
993 (1) A copy of the resolution referred to in section 990 (1) [initiation of replotting], adopted by the council and certified by the municipal corporate officer, together with the plans referred to in section 989 (2) (a), must be filed in the land title office.
(2) When the resolution is filed under subsection (1), the registrar of land titles must cause a note of it to be made in every place in the records under the care of the registrar where title in fee simple to a parcel located in the district is registered.
(3) The note under subsection (2) must be by the filing number and series, and the series may be the same as the series that includes caveats.
(4) The replotting scheme is initiated when the note under subsection (2) is made.
994 (1) A note under section 993 is notice to all persons having any right, title, interest, charge, claim or demand in, to or on the affected parcels, and to all persons subsequently dealing with them, that a scheme for their replotting has been initiated, and those persons are bound by all proceedings under this Part taken before and after that notice.
(2) A person who has a right, title, interest, charge, claim or demand in, to, or on real property in the district that is not duly registered before the initiation of the scheme is not entitled to notice of proceedings under this Part, unless the person is a purchaser
(a) from the Provincial government,
(b) from the municipality, or
(c) at a tax sale.
(3) A person subsequently dealing with an affected parcel is not entitled to notice unless the person has
(a) given the designated municipal officer written notice of the person's purchase or claim and evidence of its registration, and
(b) provided that municipal officer with an address to which notices may be mailed.
995 (1) Within 4 months after the initiation of a replotting scheme, the council must, by resolution, either
(a) discontinue the replotting scheme, or
(b) authorize the completion of the replotting scheme and put it into effect.
(2) If a council resolves to discontinue a replotting scheme under subsection (1) (a),
(a) the municipal corporate officer must file in the land title office a copy of the resolution to discontinue, certified under that officer's signature, and
(b) the registrar of land titles must then cancel the note under section 993 (1).
(3) If the council resolves to authorize the completion of the scheme under subsection (1) (b), the municipality must make application in accordance with section 996 to have title to the common mass registered in fee simple in trust for the owners of the new parcels.
Division 3 — Implementation and Completion of Scheme
996 (1) An application to have title to the common mass registered in fee simple in trust for the owners of the new parcels must be in the form approved under the Land Title Act and must be accompanied by the following:
(a) a reference plan defining the common mass, signed by the municipal corporate officer, and complying with the requirements of the Land Title Act for reference plans, other than the requirements of section 103 of that Act;
(b) a certificate signed by the municipal corporate officer, setting out
(i) in the 1st column, compiled in numerical or alphabetical order, the description of each new parcel,
(ii) in the 2nd column, opposite the description of the relevant new parcel, the description of the former parcel or parcels in respect of which the allotment of the new parcel has been made,
(iii) in the 3rd column, opposite the description of the relevant new parcel, the name and address of the owner in fee simple to whom each new parcel has been allotted,
(iv) in the 4th column, opposite the description of the relevant new parcel, the names of owners of all charges and their addresses and the nature and serial registration numbers of the charges registered against the former parcel or parcels in respect of which the allotment of the new parcel has been made, and
(v) in the 5th column, opposite the description of the relevant new parcel,
(A) the names and addresses of any
(I) claimant of a lien filed under the Builders Lien Act,
(II) person who has registered a certificate of pending litigation under the Land Title Act,
(III) caveator under the Land Title Act,
(IV) person taking a security interest in fixtures under the Personal Property Security Act, or
(V) spouse claiming the benefits of the Land (Spouse Protection) Act, and
(B) the description of any former parcel or parcels in respect of which no allotment of a new parcel or parcels has been made;
(c) a subdivision plan defining the new parcels, complying with the requirements of the Land Title Act and bearing the title "prepared under the replotting provisions of the Local Government Act";
(d) an application in the form approved under the Land Title Act to deposit the subdivision plan.
(2) The registrar of land titles must examine the application forms, reference plan, subdivision plan and certificate and, if satisfied that they are in order and in compliance with this Part and the Land Title Act, must deposit the reference plan and assign to it a serial deposit number.
997 (1) The deposit of a reference plan under section 996
(a) vests in the municipality the title of the common mass, in trust as stated, in fee simple, free from all charges registered against former parcels, and
(b) extinguishes all highways, parks or public squares within the common mass.
(2) Subsection (1) binds the Provincial government.
(3) On finding a good safe holding and marketable title in fee simple to the common mass, the registrar of land titles must register the title claimed by the municipality, and the Land Title Act then applies.
(4) The municipality need not produce any former absolute, interim or duplicate indefeasible title to any former parcel, but on the issue of the indefeasible title to the municipality in trust all of those certificates are deemed to be cancelled.
(5) After the registration under subsection (3), the registrar of land titles must deposit the subdivision plan, assign to it a serial deposit number, and issue any new indefeasible titles for the new parcels that are necessary.
(6) The indefeasible titles under subsection (5) must be noted or endorsed, as the case may require, with all claims, demands or notices as set out in the 5th column of the certificate referred to in section 996 (1) (b).
(7) The replotting scheme is completed when the requirements of subsection (6) are met, and after this the Land Title Act applies.
(8) In addition to the application of the Land Title Act, the deposit of the subdivision plan vests title to the respective new parcels in the persons named in the 3rd and 4th columns of the certificate referred to in section 996 (1) (b) according to the estate, title or interest disclosed by the certificate, but subject to all claims, demands or notices set out in the fifth column of the certificate.
998 (1) As soon as possible after the completion of the replotting scheme, the municipality must apply under the Land Title Act for registration on behalf of the persons who own the new parcels.
(2) The registrar of land titles, in his or her discretion, may summarily reject or may refuse to register any application on behalf of an owner unless there is produced to the registrar any duplicate indefeasible title, or interim or absolute certificate of title to a former parcel that had not been produced before registration of the common mass under section 996.
999 On completion of the replotting scheme,
(a) except as otherwise dealt with under this Part, all rights, obligations and incidents of ownership of the owner of a former parcel or of an interest in it, and all public and private legal relationships with a former parcel, are deemed to be transferred to and exist in the new parcel allotted to the owner of the former parcel to the same extent and in the same manner as with the former parcel,
(b) all conveyances, agreements, mortgages and other instruments, including grants of letters probate or letters of administration, in respect of parcels of real property described in them by a description appropriate to a former parcel and in respect of which registration of title had not been applied for before the completion of the replotting scheme must be construed as if the estate or interest passing or created or vested by them was in the new parcel, and
(c) the new parcels and their respective owners are subject to and liable for all municipal charges, rates, taxes and assessments levied against their former respective parcels, and are subject to all proceedings taken and to be taken for the collection of municipal charges, rates, taxes and assessments in any manner provided for by law.
Division 4 — Complaints Regarding Compensation
1000 On completion of the replotting scheme, the allotments of real property under it are absolutely binding to all intents and purposes on all the owners in the district, subject to the right of those owners who do not consent to the scheme to complain as to the adequacy of compensation proposed or the failure to propose compensation.
1001 (1) An owner who does not consent and who gives notice of complaint as provided in section 1004 has the right to compensation in money for the following:
(a) any loss of value of the former parcel, in so far as adequate compensation is not afforded by the new parcel allotted;
(b) any loss of, damage to or the cost of moving buildings or improvements on the former parcel;
(c) any loss of income from the use of buildings or the special condition or use of the former parcel caused by the replotting scheme.
(2) In determining the amount of compensation,
(a) a former parcel must be valued at its market value at the time of the initiation of the replotting scheme, but an increase in its value caused by the anticipation or initiation of the scheme must not be taken into consideration, and
(b) a new parcel must be valued at its market value on completion of the replotting scheme.
(3) A person is not entitled to compensation for any of the following:
(a) costs, expenses, loss, damage or inconvenience incurred or sustained in investigating the replotting proceeding or in presenting a complaint or making an appeal, or caused by the initiation of or delay in or discontinuance of the replotting scheme;
(b) an actual or anticipated loss or inconvenience of access to new parcels or of use of a municipal or public utility or service due to the new highways not being open for traffic;
(c) an actual or anticipated loss, damage or inconvenience suffered in common with all or with the major part of other owners;
(d) a building or structure constructed, erected, placed or altered, or an improvement made to land after the initiation of the replotting scheme or an actual or anticipated loss, damage or expense incidental to it, or incidental to the removal of that building or structure;
(e) a reduction in or loss of value due to reduction in area within the limits of a right to take land for highway purposes contained in the Crown grant of or statute applying to the land.
1002 (1) Within one month after completion of the replotting scheme, the council must apply to the Supreme Court for the appointment of a commissioner to hold a public hearing of and to decide any complaints under sections 1000 and 1001 and the court must appoint a commissioner.
(2) An application under subsection (1) may be made without notice to any other person.
(3) If the council does not apply under subsection (1), any owner who did not consent may apply on notice to the council.
(4) A person who is
(a) a member of the council,
(b) an owner within the district, or
(c) the spouse of an owner within the district
must not be appointed or act as a commissioner.
(5) Before entering on the duties of office, the commissioner must subscribe and take the following oath before the municipal corporate officer:
I, ............................................., do solemnly swear that
(a) I will truly and faithfully, and without fear, favour or partiality, execute the powers and trusts of a commissioner under Part 28 of the Local Government Act, according to the best of my knowledge and judgment, and
(b) I am not disqualified from acting as a commissioner under that Act.
(6) The municipality must pay the commissioner remuneration at a rate agreed between the commissioner and the council, and in the event of failure to agree, a reasonable remuneration set by the Supreme Court on summary application by the municipality or the commissioner.
1003 (1) If a commissioner
(a) dies, resigns, refuses to act or is absent, or
(b) is incapable of acting because of sickness, disability or misconduct,
on the application of the municipality, the Supreme Court must appoint another person as commissioner.
(2) An application under subsection (1) may be made without notice to any other person.
(3) In the circumstances referred to in subsection (1), proceedings or decisions had, taken or arrived at by the commissioner before the vacancy are not in any way affected, but are valid and effectual, and must be and continue to be acted on,
(a) even though the vacancy has occurred and the other commissioner has been appointed, and
(b) without any necessity for recommencing the proceedings or reconsidering any matter or thing that has arisen or been considered or decided before the vacancy occurred.
1004 (1) On an appointment being made, the designated municipal officer must give to each of the owners who did not consent whose name appears on either of the lists referred to in section 1016 a notice in writing including the following:
(a) a statement that a replotting scheme has been put into effect;
(b) a description of the owner's former parcel;
(c) a statement
(i) of the allotment of new parcel made,
(ii) of the compensation proposed to the owner, and
(iii) that, if a parcel is improved, that the owner's buildings may be affected;
(d) a statement that the scheme and the allotments under it are absolutely binding on the owner to all intents and purposes, excepting only the owner's right to complain against
(i) the adequacy of compensation proposed, or
(ii) the failure to propose compensation;
(e) the time and place appointed by the commissioner for hearing complaints;
(f) a statement that, if the owner intends to complain, the owner must give written notice with the grounds of the complaint to the designated municipal officer 10 days before the hearing.
(2) Notice under subsection (1) may be given by any of the following:
(a) by personal service on the person to whom it is directed;
(b) by registered mail addressed to the person at that person's address
(i) as shown on a list provided under section 1016,
(ii) as shown on any record in the land title office relating to the person's ownership of or interest in the former parcel, or
(iii) as last known to the assessor for the municipality;
(c) on application to the Supreme Court, by substituted service in accordance with the order of the court.
(3) The designated municipal officer may, in his or her discretion, send with any one or more of the notices a copy of the plan of replotting or any portion of it on the same or a different scale.
(4) The designated municipal officer must keep a record of all notices given under this section by showing, opposite the names of the owners of the parcels in the district, the names of the persons to whom notices were sent and the parcels concerned and the date and method of giving each notice.
1005 The commissioner must appoint a time and place for the hearing of complaints as follows:
(a) the place must be at the municipal hall or another suitable place in the municipality;
(b) the time must be not less than 40 days and not more than 90 days after the designated municipal officer has given the notices referred to in section 1004.
1006 (1) The commissioner must sit at the time and place appointed, and must hear complaints of which notice has been given.
(2) The proceedings before the commissioner must be public.
(3) The commissioner must inquire into and pass on the sufficiency of all notices required to be given under section 1004 and, in the commissioner's sole discretion, may direct further notices and hear any complaint made.
(4) If the commissioner thinks fit in the interest of justice, the commissioner may hear a complaint made to the commissioner at any time before the conclusion of the hearing.
(5) The municipality may complain to the commissioner on its own behalf or on behalf of any other person.
(6) The following rules apply respecting evidence that may be accepted by the commissioner:
(a) the commissioner may receive any evidence that the commissioner thinks proper to admit and may take a view and examine on oath any person interested and the witnesses that appear before the commissioner;
(b) the commissioner may act on, accept or adopt the evidence the commissioner considers sufficient, whether on oath or not and whether written or oral;
(c) the commissioner has the right to insist on evidence being given or submitted orally under oath or by affidavit, but need not require any evidence to be so given;
(d) the strict rules of evidence do not apply.
(7) The commissioner may, at the request of any complaining owner or on the commissioner's own initiative, summon in writing any person to attend at the hearing, give evidence and produce any documentary evidence.
(8) The commissioner may order reasonable fees and expenses to be paid to a witness summoned on the commissioner's own initiative, which must be paid by the municipality.
(9) A person who fails to respond to a summons under subsection (7) commits an offence, and is liable on conviction to a penalty not greater than $100 and costs.
(10) The commissioner or, in the absence of the commissioner, the municipal corporate officer may adjourn the hearing from time to time and from place to place, whether or not any person interested is present at the time of the adjournment.
1007 (1) The powers of the commissioner are confined to
(a) passing on the sufficiency of all notices required to be given under section 1004, and
(b) hearing and deciding complaints under sections 1000 and 1001.
(2) The commissioner must cause to be kept a record of each complaint made to the commissioner and of the commissioner's decision on it.
(3) On the conclusion of the hearing, the commissioner must announce a date on which the commissioner's decisions will be given.
(4) Promptly after giving his or her decisions, the commissioner must report to the council the complaints made to the commissioner and the decision on each.
(5) The report under subsection (4) must be open for examination by any complainant or the solicitor or agent of a complainant.
1008 (1) A decision of a commissioner may be appealed to the Supreme Court.
(2) An appeal under subsection (1) is to be an appeal by way of rehearing.
(3) The person appealing must, within 10 days after the decision complained of, serve on the municipality a written notice of intention to appeal, setting out the grounds of appeal.
(4) The appeal must be made on petition and 5 days' notice of the time for hearing the appeal must be given to the municipality.
(5) The municipality may appeal from a decision of a commissioner, in which case it must give to the owner affected the notice of intention under subsection (3) and the notice of the hearing must be given the owner, both of which notices may be given in any manner provided in section 1004.
(6) The powers of the Supreme Court on appeal are confined to hearing and deciding appeals from the decision of the commissioner on complaints under section 1001.
(7) In term or during vacation, the court must hear the appeal in a summary manner and on the rules of evidence that govern a commissioner.
(8) The court may adjourn the hearing from time to time and defer judgment at pleasure, but judgment must be given within 6 weeks from the time limit set by subsection (3) for giving notice of appeal.
(9) If judgment is not given by the court within the time period under subsection (8), the commissioner's decision stands.
(10) Persons making or opposing an appeal must pay their own costs and expenses and no costs as between party and party may be awarded by the court.
(11) A decision of the Supreme Court under this section may be appealed to the Court of Appeal with leave of a justice of the Court of Appeal.
1009 (1) The municipality must pay
(a) the amounts of compensation proposed by the replotting scheme within 3 months after its completion, or
(b) if a complaint has been made, the compensation awarded by the commissioner, or the Supreme Court on appeal, within 3 months from the date of the award.
(2) Either of the periods referred to in subsection (1) may be extended by the Supreme Court on application by the municipality without notice to any other person.
(3) The compensation stands in the place of the land for which it was proposed or awarded, and is subject to any limitations and charges to which the land was subject.
(4) The municipality may, without leave or order in any case it believes expedient, pay into the Supreme Court the amount of any compensation proposed or awarded.
(5) Payment into court under subsection (4) must be accompanied by a certificate of the municipal corporate officer giving particulars of the person to whom and the land for which the compensation was proposed or awarded, and the district registrar must give that corporate officer a receipt, attached to or endorsed on a copy of the corporate officer's certificate.
(6) Compensation paid into court under subsection (4) must be paid out of court to the person entitled to it on the order of the court.
Division 5 — General
1010 The municipality may, by its employees, workers or contractors, move any building, structure, erection or utility required to be moved under the replotting scheme, or do any work or thing on private property in satisfaction of awards of compensation.
1011 (1) The municipality must keep a proper account of all money paid by it in connection with a replotting scheme, and on its completion and the payment of all compensation and incidental expenses must prepare a statement showing the net cost.
(2) In the statement under subsection (1), the municipality must be debited with the value of all surplus land allotted to it and any money receivable under section 987 or otherwise on account of the replotting scheme.
(3) If applicable, the net cost shown by the statement under subsection (1) must be apportioned between the municipality and the other owners in the manner set out in the replotting scheme.
(4) If the replotting scheme does not mention an apportionment, the net cost shown by the statement under subsection (1) must be apportioned as follows:
(a) the municipality's portion of the cost is that portion of the total net cost which bears the ratio that
(i) the sum of the areas of the highways and public grounds and unsold land of the municipality at the completion of the replotting scheme
(ii) the whole area of the district;
(b) the remainder is the owners' portion of the cost.
(5) The net cost of the replotting scheme may be raised as follows:
(a) the municipal portion of the cost may be raised by a special rate levied and collected on and from all the taxable land or land and improvements in the municipality;
(b) the owner's portion of the cost may be raised by a special rate levied and collected on and from the taxable land in the district, according to the respective values of that land as shown in the first revised real property assessment roll of the municipality containing the new parcels.
(6) As an alternative to subsection (5), the net cost of the replotting scheme may be paid by borrowing the required amount on debentures issued under the same provisions as if the scheme had been carried out as a local area service under the Community Charter, with
(a) the municipality's portion of the cost being raised by a special rate levied and collected annually on and from all the taxable land or land and improvements in the municipality, and
(b) the owners' portion of the cost being raised by a special rate levied and collected annually on and from the taxable land in the district according to the respective values of that land as shown in the revised real property assessment rolls for the years during which the special rates are levied.
(7) Debentures under subsection (6) must be repayable within 10 years of the date of issue.
(8) A special rate levied under subsection (5) or (6) must be due and payable to the municipality at the same time as other annual municipal rates and taxes, and
(a) Part 7 of the Community Charter, except Division 5 [Local Service Taxes], applies to subsections (5) (a) and (6) (a), and
(b) Division 5 [Local Service Taxes] of Part 7 of the Community Charter applies to subsections (5) (b) and (6) (b).
1012 (1) During the 6 months after the completion of a replotting scheme, so far as the new highways are not constructed and open for traffic, the former highways and all public utilities and other works on them, if they do not interfere with or disturb the reasonable and necessary use and occupation of new parcels, may be maintained, and no person has a right to compensation or a right of action for damages against the municipality or against any other person for that reason.
(2) During the period referred to in subsection (1), the municipality or its licensees may remove the public utilities and works.
(3) A person unreasonably obstructing the use of a former highway during the period referred to in subsection (1) commits an offence and is liable on conviction to a penalty not greater than $100.
1013 Other than the right of complaint and appeal provided in this Part, no person is entitled to make or proceed with any demand, claim or action against the municipality, any of its officers, employees or workers, or against the commissioner or the Provincial government, for any loss or damage sustained or threatened by reason of a replotting scheme or for any matter caused by any proceedings taken or thing done under this Part.
1014 The municipality may dispose of a parcel allotted to it in the manner provided for disposing of land acquired by it at a tax sale.
1015 Nothing in this Part affects the power of the municipality to assess and to levy rates and taxes on the former parcels during the replotting scheme and before its completion.
1016 (1) At the municipality's request and on payment of reasonable fees specified by the registrar of land titles for the work involved, the registrar must provide any required information to be obtained from the records and a list of the names and addresses of the registered owners of all parcels of land in the district at the time of the initiation of the replotting scheme.
(2) On similar request, the
1017 The fees payable to the registrar of land titles in respect of the matters under this Part are to be governed by the Land Title Act.
1018 Any dispute or question on the construction of any provision of this Part, or the sufficiency and validity of proceedings taken under it, or the manner in which a proceeding is to be taken, may be referred to the Supreme Court for decision under to section 1008.
Contents | Part 1 | Part 1.1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 5.1 | Part 5.2 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 10.1 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30
Copyright (c) Queen's Printer, Victoria, British Columbia, Canada