B.C. Reg. 245/2004, deposited June 2, 2004, pursuant to the COMMUNITY CHARTER [Section 35 (10) (b)]. Ministerial Order M213/2004, dated May 31, 2004.

I, Kevin Falcon, Minister of Transportation, order that the following regulation is made.

RESUMPTION OF HIGHWAYS REGULATION

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

(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 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.

— K. FALCON, Minister of Transportation.

Copyright © 2004: Queen's Printer, Victoria, British Columbia, Canada