Checklist - Application to Exempt the Action of Section 108(2) of the Land Title Act
(Refer to Circular Letter No. 468 and Section 108(3) of the Land Title Act)
The fee for submission of a Section 108(3) application is listed on the LTSA Fee Listing.
We encourage you to submit your application through the Electronic Filing System (EFS). The EFS User’s Guide outlines the process to submit an application.
Alternatively, you may submit your application in hard copy. The package must include three copies of a preliminary plan signed by the land surveyor, a copy of this completed checklist, all documents required by this checklist and payment of the application fee. The address for submission is:
Surveyor General Division
Land Title and Survey Authority of British Columbia
200-1321 Blanshard Street
Victoria BC V8W 9J3
Cheques for application fees are to be made payable to the Land Title and Survey Authority ofBC.
Checklist of Requirements for the Application Package
Preliminary Plan showing:
The natural boundary of the upland according to the plan on which the existing title is based;
The present natural boundary, if it is evident;
The present mean high water line (i.e. limit of fill or excavation), if it differs from the present natural boundary or if the present natural boundary is not evident;
All monuments and traverse hubs in the vicinity of the present natural boundary;
Features in and around the application area (i.e. trees, retaining walls, structures);
Plotted positions and directions of terrestrial photographs.
Colour terrestrial photographs of the application area showing:
The location of the existing title boundary marked with a black ink line;
The location of the present natural boundary, if it is evident;
The location of the present mean high water line (i.e. limit of fill or excavation), if it differs from the present natural boundary or if the present natural boundary is not evident;
All survey points (monuments and traverse hubs) in the vicinity of the present natural boundary identified;
The side boundaries of the application area marked with a black ink line;
The present natural boundary of adjacent parcels;
The photograph number clearly marked on the front of each photograph.
A copy of all pertinent Land Title Act plans of the upland property, plus copies of adjacent Land Title Act plans if they are relevant to the application;
Copy of Crown grant and Crown grant tracing.
A composite map of the area showing the parcel(s) subject to the application, the adjacent parcels, and the general trend of the shoreline on either side of the application for a distance of approximately 500 metres;
The name of the municipality or Regional District (whichever is appropriate) and the civic address of the subject upland property.
Complete details regarding the body of water affected by the application including:
Name of water body (if any).
Whether the water level is controlled (if so, by whom and for what purpose).
Whether the water body is in the jurisdiction of a Harbour Authority.
Whether there is a man made excavation (if applicable) and if so, by whom and for what purpose.
Detailed reasons for requesting the application.
Once conditional approval is granted and you have complied with any requirements of the conditional approval, you may seek final approval as follows:
The electronic plan affixed to a digitally signed Certification Form accompanied by an electronic Application to Deposit Plan at Land Title Office Form (Application Form) is to be submitted to the Surveyor General through EFS. The EFS User’s Guide outlines the process to submit the plan. The Application Form is to be as complete as possible, containing signature blocks for all consenters and approvers, but not digitally signed by a Subscriber. Upon signature of the appropriate certificate on the Application Form by or on behalf of the SurveyorGeneral, the Form will be scanned and e-mailed back to you.
Checklist of Requirements for the Final Plan
Plan depicts the “Limit of Exempt Submerged Land” that matches the approved application area.
Eroded areas that are not part of the application are denoted as “Returned to Crown”, and the Application Form must contain the certificate for the ApprovingOfficer;
Where no accretion or erosion exists, the natural boundary depicted on the plan should match the titled natural boundary.
Plan title should not refer to “pursuant to section 108”.
Application area is denoted as “Limit of Exempt Submerged Land”.
Last update October 2015