Approving Officers

As per s. 83(1) of the Land Title Act, all subdivisions in British Columbia (BC) must be approved by an Approving Officer (AO).

In this learning module, we draw primarily from the following two resources^[1]:

Ministry of Transportation and Infrastructure.  Subdividing Land Outside a Municipality

Ministry of Transportation and Infrastructure (2021).  Guide to Rural Subdivision Approvals [pdf].

One key piece of legislation is the Land Title Act.  The most relevant sections of the Act are included at the end of this document.

 

Subdividing Land

When someone subdivides land, they are usually creating new lots from one or more parcels of land; that is, they are subdividing one parcel into multiple lots.  ​In more precise legal terms, a subdivision creates new, titled parcels of land. Subdivision of land also includes, but is not limited to, creating lots in a bare land strata development, re-adjustment of an existing property line, as well as the consolidation of properties.

Municipalities, regional districts, and the Ministry of Transportation and Infrastructure (MoTI) can have roles in the application and approval process of subdivisions, depending on whether the land to be subdivided is inside or outside of a municipality.  If the land to be subdivided is located in a municipality then the application is submitted to that municipality.  If the land to be subdivided is located outside of a municipality, then the landowner (developer) applies to a MoTI District Office.

 

Approving Officer (AO)

As per the Land Title Act (s. 83(1)), all rural subdivisions must be approved by an Approving Officer (AO).  Which AO is responsible for a subdivision depends on where the land to be subdivided is located, as follows.

83   (1) A subdivision plan must be tendered for examination and approval by the approving officer as follows:

(a) if the land affected is within a municipality, to the designated municipal officer;

(b) if the land affected is in the rural area of a regional district authorized to appoint an approving officer under section 77.1, to the designated regional district officer;

(c) if the land affected is in the rural area of the trust area under the Islands Trust Act and the trust council is authorized to appoint an approving officer under section 77.1, to the secretary of the trust council;

(d) in other cases, to the district highways manager of the Ministry of Transportation.

Although s. 77.1(1) of the Land Title Act enables a regional district to appoint an AO, there are no regional district AOs in the province.  As such, s. 77.2(1) of the Act applies, whereby a Provincial Approving Officer (PAO) is responsible for approving all rural subdivisions.  The PAO is a staff member of MoTI.

In addition to municipal AOs and PAOs, the Act requires that AOs be appointed for Indigenous treaty lands and for Nisga’a lands, as follows.

Appointment of treaty first nation approving officers
77.21 (1) A treaty first nation must appoint an approving officer for its treaty lands.

Nisg̱a’a approving officer
77.3 (1) The Nisg̱a’a Lisims Government must appoint an approving officer for Nisg̱a’a Lands.

An AO does not have to be a professional planner.  The Act states that the person appointed can be the chief engineer, chief planning officer, or “some other employee” of the local government or First Nation.  An AO can also be a person under contract to a local government or First Nation.

The roles and responsibilities of an AO are established under section 77 of the Land Title Act.  When reviewing an application for subdivision, an AO must consider the interests of the applicant (such that the probability the applicant’s proposed subdivision will be approved), of future owners of individual lots, and of broader public interests.  As such, an AO must act independently when considering whether the proposed subdivision is appropriate for the site, complies with provincial acts and regulations, and complies with local government by-laws.  Factors an AO must consider include the following:

• Land use, lot size, and shape;
• Road status;
• Safety of access;
• Public health and safety;
• Potential impact of geotechnical hazards and flooding on the subdivision lots;
• Impacts to archaeology and environment;
• Environmental and heritage values;
• Other physical, social, and economic considerations;
• Development cost charges and park land;
• Works and services; and,
• Approvals from other agencies.

As part of the review process, the AO may require the application to complete assessments, such as geotechnical, archaeological, environmental, hydrological, and soils assessments.  Section 86(1)(c) sets out conditions that an AO may consider as grounds for refusing an application.

After an application is approved, the applicant registers the subdivision plan (including any other necessary documentation, such as restrictive covenants, easements, and rights-of-way) with the Land Title Office and new lots are created.

Land Title Act

[RSBC 1996] CHAPTER 250

The following are selected sections of the Act relevant to rural subdivision.

Division 3 — Appointment, Powers and Duties of Approving Officers

Appointment of municipal approving officers

77 (1) For land within a municipality, the municipal council must appoint a person as an approving officer.

(2) An approving officer appointed under this section must be

(a) the municipal engineer,

(b) the chief planning officer,

(c) some other employee of the municipality appointed by the municipal council, or

(d) a person who is under contract with the municipality.

Appointment of regional district and islands trust approving officers

77.1 (1) Subject to subsection (2), the Lieutenant Governor in Council may, by order, do one or more of the following:

(a) authorize a regional district board to appoint a person as an approving officer for the rural area of the regional district;

(b) authorize the trust council under the Islands Trust Act to appoint a person as an approving officer for the rural area of the trust area under that Act;

(c) if an order under paragraph (a) or (b) applies, provide that section 83.1 does not apply in relation to the regional district or trust area.

(2) An order under subsection (1) (a) or (b) must be requested by resolution of the regional district board or trust council, as applicable, and must be recommended by the minister charged with the administration of the Transportation Act.

(3) An order under subsection (1) (a) or (b) may include one or more of the following:

(a) requirements that must be met before the authorization becomes effective;

(b) conditions relating to the appointment of the approving officer under this section;

(c) provisions respecting the transition to the exercise of authority by an approving officer appointed under this section including, without limiting this, exceptions and modifications respecting how applications that are pending at the time the authorization becomes effective are to be dealt with.

(4) If a regional district board or the trust council is authorized under subsection (1), it must appoint an approving officer for the rural area of its jurisdiction.

(5) An approving officer appointed under this section must be

(a) the regional district or trust area engineer,

(b) the chief planning officer,

(c) some other employee of the regional district or trust council appointed by the board or council, as applicable, or

(d) a person who is under contract with the regional district or trust council.

Provincial approving officers

77.2 (1) If an approving officer is not appointed under section 77.1 for a rural area, the approving officers for the area are

(a) the deputy minister to the minister charged with the administration of the Transportation Act, and

(b) approving officers appointed under subsection (2).

(2) The Lieutenant Governor in Council may appoint a person as an approving officer for a rural area referred to in subsection (1).

Appointment of treaty first nation approving officers

77.21 (1) A treaty first nation must appoint an approving officer for its treaty lands.

(2) An approving officer appointed under subsection (1) must be

(a) an official or employee of the treaty first nation, or

(b) a person who is under contract with the treaty first nation.

(3) Sections 77.1 and 77.2 do not apply to the treaty lands of a treaty first nation.

Nisg̱a’a approving officer

77.3 (1) The Nisg̱a’a Lisims Government must appoint an approving officer for Nisg̱a’a Lands.

(2) The approving officer appointed under subsection (1) must be

(a) an official of the Nisg̱a’a Lisims Government, or

(b) a person who is employed by or under contract with the Nisg̱a’a Nation.

(3) The approving officer appointed under subsection (1) may exercise his or her powers in relation to all Nisg̱a’a Lands, including Nisg̱a’a Village Lands.

(4) Sections 77.1 and 77.2 do not apply to Nisg̱a’a Lands.

Division 4 — Approval of Subdivision Plans

Tender of plan for examination and approval

83 (1) A subdivision plan must be tendered for examination and approval by the approving officer as follows:

(a) if the land affected is within a municipality, to the designated municipal officer;

(b) if the land affected is in the rural area of a regional district authorized to appoint an approving officer under section 77.1, to the designated regional district officer;

(c) if the land affected is in the rural area of the trust area under the Islands Trust Act and the trust council is authorized to appoint an approving officer under section 77.1, to the secretary of the trust council;

(d) in other cases, to the district highways manager of the Ministry of Transportation.

(2) The subdivision plan must be accompanied by the following:

(a) the applicable fees established under section 462 (1) (f) of the Local Government Act or under section 292 (1) (h) of the Vancouver Charter or prescribed under subsection (3) of this section;

(b) a certificate

(i) that all taxes assessed on the subdivided land have been paid, and

(ii) if local service taxes are payable by instalments, that all instalments owing at the date of the certificate have been paid;

(c) if the approving officer considers that there is reason to anticipate that the land may be resubdivided and requires this information, a sketch showing that the parcels into which the land is subdivided can conveniently be further subdivided into smaller parcels;

(d) if the approving officer requires this information, profiles of every new highway shown on the plan and such necessary topographical details as may indicate engineering problems to be dealt with in opening up the highways, including environmental impact or planning studies.

(3) The Lieutenant Governor in Council may, by regulation, prescribe fees for subdivision plan examination by a Provincial approving officer, which may vary with the number, size and type of parcels involved in the proposed subdivision.

Matters to be considered by approving officer on application for approval

86 (1) Without limiting section 85 (3), in considering an application for subdivision approval, the approving officer may

(a) at the cost of the subdivider, personally examine or have an examination and report made on the subdivision,

(b) hear from all persons who, in the approving officer’s opinion, are affected by the subdivision,

(c) refuse to approve the subdivision plan, if the approving officer considers that

(i) the anticipated development of the subdivision would injuriously affect the established amenities of adjoining or reasonably adjacent properties,

(ii) the plan does not comply with the provisions of this Act relating to access and the sufficiency of highway allowances shown in the plan, and with all regulations of the Lieutenant Governor in Council relating to subdivision plans,

(iii) the highways shown in the plan are not cleared, drained, constructed and surfaced to the approving officer’s satisfaction, or unless, in circumstances the approving officer considers proper, security is provided in an amount and in a form acceptable to the approving officer,

(iii.1) a highway provided for in a subdivision plan or otherwise legally established on lands adjoining, lying beyond or around the land subdivided is, in the approving officer’s opinion, not sufficient,

(iv) the land has inadequate drainage installations,

(v) the land is subject, or could reasonably be expected to be subject, to flooding, erosion, land slip or avalanche,

(vi) after due consideration of all available environmental impact and planning studies, the anticipated development of the subdivision would adversely affect the natural environment or the conservation of heritage property to an unacceptable level,

(vii) the cost to the government of providing public utilities or other works or services would be excessive,

(viii) the cost to the municipality or regional district of providing public utilities or other works or services would be excessive,

(ix) the subdivision is unsuited to the configuration of the land being subdivided or to the use intended, or makes impracticable future subdivision of the land within the proposed subdivision or of land adjacent to it,

(x) the anticipated development of the subdivision would unreasonably interfere with farming operations on adjoining or reasonably adjacent properties, due to inadequate buffering or separation of the development from the farm, or

(xi) despite subparagraph (ix), the extent or location of highways and highway allowances shown on the plan is such that it would unreasonably or unnecessarily increase access to agricultural land within the agricultural land reserve, as those terms are defined in the Agricultural Land Commission Act, and

(d) if the approving officer considers that the land is, or could reasonably be expected to be, subject to flooding, erosion, land slip or avalanche, the approving officer may require, as a condition of consent to an application for subdivision approval, that the subdivider do either or both of the following:

(i) provide the approving officer with a report certified by a professional engineer or geoscientist experienced in geotechnical engineering that the land may be used safely for the use intended;

(ii) enter into one or more covenants under section 219 in respect of any of the parcels that are being created by the subdivision.

(2) The Lieutenant Governor in Council may, by regulation, amend, add to, substitute or repeal any of the grounds for refusal set out in this section or in section 85 (3).

Local government matters to be considered by approving officer

87 Without limiting section 85 (3), the approving officer may refuse to approve a subdivision plan if the approving officer considers that the subdivision does not conform to the following:

(a) all applicable provisions of the Local Government Act;

(b) all applicable municipal, regional district and improvement district bylaws regulating the subdivision of land and zoning;

(c) if the land affected is within the trust area under the Islands Trust Act, all applicable local trust committee bylaws regulating the subdivision of land and zoning.

Approval of plan

88  On the approval of a plan, the approving officer must write on it “Approved under the Land Title Act” with the date of approval and must sign it and append below his or her signature the title

Approving Officer for

……………………………………………………………….
(municipal, or as the case may be)

……………………………………………………………….
(name of municipality, or as the case may be).