B.C. Reg. 245/2004
M213/2004
Deposited June 2, 2004
This archived regulation consolidation is current to August 5, 2005 and includes changes enacted and in force by that date. For the most current information, click here.

Community Charter

RESUMPTION OF HIGHWAYS REGULATION

[includes amendments up to B.C. Reg. 18/2005, January 25, 2005]

Circumstances in which right of resumption is cancelled

1 The Provincial government’s right of resumption under section 35 (8) of the Community Charter, in relation to a highway or portion of a highway that was vested in a municipality by section 35 (1) of that Act, is cancelled if the corporate officer of the municipality files with the land title office a statement certifying that

(a) the municipality has, by bylaw under section 40 of the Community Charter,

(i) closed the highway or portion, and

(ii) removed its dedication,

(b) the closed highway or portion is not adjacent to

(i) a park, recreation area or ecological reserve established under the Park Act, the Ecological Reserve Act or the Protected Areas of British Columbia Act, or

(ii) an area to which an order under section 7 (1) of the Environment and Land Use Act applies, and

(c) the land is to be disposed of

(i) in exchange for land necessary for the purpose of improving, widening, straightening, relocating or diverting a highway, or

(ii) to one or more adjacent landowners for the purpose of consolidating it with the landowners’ existing adjacent parcel or parcels of land.

[am. B.C. Reg. 18/2005.]

 

[Provisions of the Community Charter, S.B.C. 2003, c. 26, relevant to the enactment of this regulation: section 35 (10) (b)]


Copyright (c) 2005: Queen's Printer, Victoria, British Columbia, Canada