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Chapter B2-1 ver. 2

INTERGOVERNMENTAL AGREEMENT WITH BRITISH COLUMBIA RESPECTING LEGAL SURVEYS OF HIGHWAYS THROUGH INDIAN RESERVES AND SECHELT LANDS AND LANDS BEING TRANSFERRED TO CANADA, 2003

Table of Contents

Effective Date

This agreement came in force March 1, 2003. It supersedes the Intergovernmental Agreement respecting Legal Surveys of Highways through Indian Reserves and Sechelt Lands (British Columbia), September 1992, published in Chapter B2 of the Third Edition of the Manual of Instructions for the Survey of Canada Lands, and the subsequent agreement of February 1, 2000.

Chapter Sections

An Agreement Between
the Surveyor General of Canada Lands,
Department of Natural Resources Canada
and
the Surveyor General of British Columbia
Ministry of Sustainable Resource Management
and
Senior Manager, Properties and Business
Management Branch, Ministry of Transportation

Respecting Legal Surveys of Highways Through
Indian Reserves and Sechelt Lands
and Lands Being Transferred to Canada

Purpose

The purpose of this agreement between the Surveyor General of Canada Lands, the Surveyor General of British Columbia, and the Ministry of Transportation is to establish common standards for the legal survey of portions of Canada Lands within the province of British Columbia when those portions are to be transferred to British Columbia for highway purposes pursuant to Section 16 of the Ministry of Transportation and Highways Act, R.S.B.C. 1996, c. 311 ("Section 16 Purposes"); when provincial highways located within an Indian Reserve are to be closed and transferred to Canada; when highways located within an Indian Reserve are to be transferred to Canada in exchange for Canada Lands; and when Provincial Crown Land administered under the Land Act, R.S.B.C. 1996, c. 245, is to be transferred to Canada in exchange for Canada Lands.

This agreement concerns legal surveys of parcels of land and does not concern the nature of the right, title or interest in the land.

Scope

The Surveyor General of Canada Lands is responsible for legal surveys on Canada Lands and for regulating the quality, establishing the standards, and having custody of the records of these surveys. The standards for these surveys are defined in the Manual of Instructions for the Survey of Canada Lands (Third Edition). Under Section 24 of the Canada Lands Surveys Act, Canada Lands means, in part, surrendered lands or a Reserve as defined by the Indian Act, or Sechelt lands as defined in the Sechelt Indian Band Self-Government Act (hereinafter collectively referred to as Indian Reserves).

The Surveyor General of British Columbia is responsible for the regulation of legal surveys in the Province of British Columbia. The standards for these surveys are defined in the General Survey Instruction Regulation to British Columbia Land Surveyors issued by the Surveyor General of British Columbia.

The Ministry of Transportation is responsible for the administration and control of provincial highways, the preparation of maps, plans and estimates for all provincial highways and public works, and the application to the Surveyor General of Canada Lands for approval to make legal surveys of highways through Indian Reserves as well as of Highway Lands within an Indian Reserve being transferred to Canada.

Agreement

The Surveyor General of Canada Lands, the Surveyor General of British Columbia, and the Ministry of Transportation agree that legal surveys made of portions of Canada Lands in order to facilitate the transfer of those portions to British Columbia for Section 16 Purposes, will be made in accordance with the attached Supplementary Instructions, Schedule 1.

The Surveyor General of Canada Lands, the Surveyor General of British Columbia, and the Ministry of Transportation agree that legal surveys made of portions of provincial highways through Indian Reserves, in order to facilitate their closure and transfer to Canada, will be made in accordance with the attached Supplementary Instructions, Schedule 1.

The Surveyor General of Canada Lands, the Surveyor General of British Columbia, and the Ministry of Transportation agree that legal surveys made of portions of provincial Crown land to be transferred to Canada in exchange for portions of Canada Lands will be made in accordance with the attached Supplementary Instructions, Schedule 1.

This agreement replaces the agreement respecting legal surveys of highways through Indian Reserves and Sechelt Lands, which came into force on February 1, 2000.

Implementation

This agreement will come into force on the first day of the month following the signing of the agreement by the parties. Surveys commenced on the basis of specific survey instructions issued prior to the coming into force of this agreement will be completed as required by the standards in force at the time those specific survey instructions were issued.

Amendment

This agreement may be amended with the mutual written consent of the parties. Any amendment will come into force on the first day of the month following the signing of the amendment agreement by the parties and under the same conditions as the original agreement.

Termination

This agreement may be terminated at any time upon 90 days written notice by any one of the three parties.

"signed"
February 14, 2003
Michael O'Sullivan
Surveyor General and
Director
Legal Surveys Division
Natural Resources Canada
Date
"signed"
January 14, 2003
Rick Hargraves, BCLS
Surveyor General of British Columbia
Ministry of Sustainable Resource Management
Date
"signed"
January 14, 2003
Nicholas May
Senior Manager
Properties and Business Management Branch
Ministry of Transportation
Date
Schedule 1

Supplementary Instructions for the Survey of Highways through Indian Reserves and Sechelt Lands and Lands Being Transferred to Canada

1.0 AUTHORITY

The Canada Lands Surveys Act (R.S.C. 1985, c. L-6) and Manual of Instructions for the Survey of Canada Lands (Third Edition).

Unless otherwise stated in the specific survey instructions, the survey will be carried out in accordance with the Canada Lands Surveys Act, the Manual of Instructions for the Survey of Canada Lands (Third Edition) and these supplementary instructions.

2.0 QUALIFICATION OF LAND SURVEYOR

The survey will be carried out by a British Columbia Land Surveyor who is also commissioned as a Canada Lands Surveyor.

3.0 AGENTS OF THE SURVEYOR GENERAL OF CANADA LANDS, THE SURVEYOR GENERAL OF BRITISH COLUMBIA, AND THE MINISTRY OF TRANSPORTATION

The Head, BC Client Liaison Unit, of the Legal Surveys Division, Natural Resources Canada (NRCan) will be the contact person for the Surveyor General of Canada Lands. A land surveyor within the Office of the Surveyor General of British Columbia will be the contact person for the Surveyor General of British Columbia. The Provincial Coordinator, Land Survey and Tenure, Properties and Business Management Branch, Ministry of Transportation (MoT) will be the contact person for MoT.

CONTACT ADDRESSES

Natural Resources Canada
Head, BC Client Liaison Unit
Legal Surveys Division
Natural Resources Canada
Suite 1501 - 1138 Melville Street
Vancouver BC V6E 4S3

Telephone: (604) 666-5313
Fax: (604) 666-0522

Ministry of Sustainable Resource Management
Land Surveyor
Office of the Surveyor General
Ministry of Sustainable Resource Management

Street Address
3400 Davidson Avenue
Victoria BC V8Z 3P8
Mailing Address
P.O. Box 9375 Stn Prov Govt
Victoria BC V8W 9M5

Telephone: (250) 952-5323
Fax: (250) 387-1830

Ministry of Transportation
Provincial Coordinator, Land Survey and Tenure
Properties and Business Management Branch
Ministry of Transportation

Street Address
4th Floor, 940 Blanshard Street
Victoria BC V8W 3E6
Mailing Address
PO Box 9850 Stn Prov Govt
Victoria BC V8W 9T5

Telephone: (250) 387-7592
Fax: (250) 356-8767

4.0 SURVEY INSTRUCTIONS

4.1 The following four types of transactions require surveys:

  1. Transfer of Indian Reserve lands to British Columbia only (see section 4.7);
  2. Transfer of highway land located within an Indian Reserve (the "Highway Land") to Canada only (see section 4.8);
  3. Land exchange where Highway Land is to be transferred to Canada and portions of Indian Reserve are to be transferred to British Columbia (see section 4.9); and,
  4. Land exchange where Provincial Crown Land under the administration of the Land Act (British Columbia) is to be transferred to Canada and portions of Indian Reserve are to be transferred to British Columbia (see section 4.10).

4.2 When transfers as outlined in section 4.1 subsections (a), (c) and (d) of this agreement occur the Land Surveyor approved by the Provincial Coordinator, Land Survey and Tenure (MoT) will apply to the Head, BC Client Liaison Unit (NRCan) for authority to make a survey and for specific survey instructions to perform the survey. Each application will be accompanied by:

  1. A Band Council Resolution approving the proposed survey;
  2. 3 copies of a preliminary sketch (see attached guidelines, Schedule 2);
  3. A copy of the land status report from the Department of Indian and Northern Affairs Canada (DIAND) or the Band as appropriate;
  4. A copy of the portion of the draft agreement between British Columbia and the Band that describes the Indian Reserve lands to be acquired and any Highway Land and/or Provincial Crown Land to be transferred to Canada (where applicable);
  5. A covering letter explaining any unusual conditions which may affect the survey; and,
  6. The name and address of the designated Land Surveyor.

4.3 When a transfer occurs as outlined in section 4.1 (b) of this agreement the Provincial Coordinator, Land Survey and Tenure (MoT) will contact the Head, BC Client Liaison Unit (NRCan) for specific survey instructions to make a plan of survey to describe the Highway Land to be transferred.

4.4 The authority to make a survey is subject to the approval of the government department or other party responsible for administering the lands.

4.5 Copies of the specific survey instructions will be sent to the Provincial Coordinator, Land Survey and Tenure (MoT) and the designated Land Surveyor.

4.6 Correspondence between the Head, BC Client Liaison Unit (NRCan) and the designated Land Surveyor, relevant to MoT, will be copied to the Provincial Coordinator, Land Survey and Tenure (MoT) and to MoT Region.

4.7 Transfer of Indian Reserve Land to British Columbia Only

Where portions of an Indian Reserve are to be transferred to the Province of British Columbia for Section 16 Purposes, an official plan under Section 29 of the Canada Land Surveys Act will be used. The plan of survey will contain a table of areas, near the title, listing:

  1. the legal description of each parcel crossed by the highway;
  2. the area of each parcel included in the highway; and,
  3. the area of any existing highway within the lands dealt with by the plan.

4.8 Transfer of Highway Land to Canada Only

Where an existing highway or a portion thereof is to be transferred to Canada, the Land Surveyor will ensure that the survey adequately defines the Highway Land being transferred and that the area of the Highway Land being transferred is shown on the plan of survey. If the Highway Land to be transferred to Canada is unsurveyed road, then its location and width may be derived from accurate historical documents, however if no such documents exist, then the road will be depicted as it exists on the ground, and either the actual width or an agreed upon width must be shown. Actual width refers to the width between the outside edges of the shoulders of the road exclusive of any ditches. Unsurveyed roads being closed and transferred to Canada do not require monumentation unless requested in the specific survey instructions. A Registration plan prepared under Section 31 of the Canada Land Surveys Act may be used for the transfer of Highway Land to Canada. The plan will show a table of areas, near the title, listing:

  1. the legal description of each parcel being transferred to Canada; and,
  2. the area of each parcel being transferred.

4.9 Land Exchange With Highway Land

Where, on the same plan, Highway Land is to be transferred to Canada, and portions of an Indian Reserve are to be transferred to the Province of British Columbia, then an official plan under Section 29 of the Canada Land Surveys Act will be used. The plan of survey will contain a table of areas, near the title, listing:

  1. the legal description of each parcel of new highway to be transferred to British Columbia; and the area of each parcel of new highway;
  2. the legal description of each parcel of Highway Land to be transferred to Canada; and the area of each parcel of Highway Land; and,
  3. the legal description of each parcel of Highway Land to be retained by British Columbia and the area of parcel being retained.

4.10 Land Exchange With Provincial Crown Land

Where as part of a land exchange, Provincial Crown Land is to be transferred to Canada then the designated Land Surveyor will contact a land surveyor at the office of the Surveyor General of British Columbia regarding survey instructions.

4.11 Remainders of Parcels

A survey plan to deal with the remainders of parcels of Indian Reserve created by a highway taking may be required and such requirement will be defined at the time survey instructions are issued. The specific survey instructions will explain the type of plan to be prepared.

4.12 Field Notes

The survey, plan of survey, and field notes must conform with the requirements of Chapters D1, D5 and E3 of the Manual of Instructions for the Survey of Canada Lands (Third Edition) as applicable. The field notes for a Section 29 Canada Land Surveys Act plan must be submitted in separate plan form except for simple or small surveys where a combined plan and field notes will be accepted.

5.0 SIGNATURE BLOCK

5.1 All plans, except Section 72 Land Act plans, prepared pursuant to this agreement are to be certified correct as shown:

Certified Correct on this ----- day of ------------ , 20---

________________________________
    Surveyor's Name, BCLS, CLS

6.0 CURVED BOUNDARIES

6.1 For curved boundaries show on the plan of survey the information required by Chapter D1, Paragraph 107(m) of the Manual of Instructions for the Survey of Canada Lands (Third Edition). Bearings of radii will be shown:

  1. at all points of intersection on curved boundaries;
  2. at points of change of radii in a compound curve; and,
  3. at jogs in curved boundaries.
7.0 MONUMENTS

7.1 Monuments approved by the Surveyor General of British Columbia will be used in the survey. These monuments are described in the General Survey Instruction Regulation to British Columbia Land Surveyors.

7.2 Capped posts (type 4) will be set on one side of the highway under survey at:

  1. intersections with the Indian Reserve boundaries;
  2. points of curve;
  3. points of deflection; and,
  4. intermediate points on tangent, so that the distance between the posts is not greater than 1 kilometre.

7.3 Iron posts (type 5) will be set:

  1. on the side of the highway under survey opposite the side posted with the capped posts; and,
  2. on both sides of the highway under survey at intersections with any type of surveyed boundary not referred to in section 7.1.

7.4 Concrete posts or rock posts (type 1 or 2) will be substituted for type 4 posts so as to give an average density of one type 1 or 2 post every 2 kilometres.

7.5 Type 5 posts will be substituted for type 1, 2 or 4 posts so as to reduce the average density of types 1, 2 or 4 posts to 5 per kilometre.

7.6 All type 1, 2 and 4 posts will be marked with the designation of lands adjoining the highway.

7.7 All type 1, 2 and 4 posts will be numbered consecutively along the right of way.

7.8 Where a monument marks a change in the direction of the highway boundary, the appropriate abbreviation will be marked on the monument as follows:

  1. "PC" for point of curve;
  2. "POT" for point on tangent, subtangent or subtangent produced;
  3. "PI" for point of intersection; and,
  4. "R" for the highway under survey.
8.0 SURVEY RETURNS FOR SECTION 29 PLANS

8.1 Upon completion of the survey the Land Surveyor will submit one print of the plan of survey to the Provincial Coordinator, Land Survey and Tenure (MoT) for approval in principle and one print to the Regional office of MoT also for approval. The Land Surveyor will submit seven prints of the plan of survey, three prints of the field notes and survey report to the Head Cadastral Services, Western Region, (NRCan), in Edmonton, Alberta for review.

8.2 The Head, Cadastral Services (NRCan) will submit prints of the plan of survey to the Department of Indian Affairs and Northern Development (DIAND) for approval.

8.3 When the plan is acceptable, the Head, Cadastral Services (NRCan) will request that the Land Surveyor submit the plan of survey, the field notes, and a letter from the Ministry of Transportation indicating its acceptance of the plan of survey.

8.4 The Head, Cadastral Services (NRCan) will submit the plan of survey to DIAND for the signatures of the duly authorized officers.

8.5 The Head, Cadastral Services (NRCan) will submit the approved plan of survey to the Surveyor General of Canada Lands, or a person who is designated by the Surveyor General to confirm such plans, for confirmation under Section 29 of the Canada Lands Surveys Act. The plan of survey, the field notes and the survey report will be recorded in the Canada Lands Surveys Records.

8.6 A reproducible copy of the plan of survey will be sent to the Registrar of the appropriate Land Title Office. The Registrar will be asked to inform the Surveyor General of Canada Lands of the number assigned to the plan.

8.7 The Head, Cadastral Services (NRCan) will add the Land Title Office number to the plan of survey and send a reproducible copy of the plan of survey to the Provincial Coordinator, Land Survey and Tenure (MoT) and to the regional office of MoT.

9.0 SURVEY RETURNS FOR SECTION 31 PLANS

9.1 Upon completion of the registration plan the Land Surveyor will submit one print of the plan to the Provincial Coordinator, Land Survey and Tenure (MoT) for approval in principle and one print to the Regional Office of MoT also for approval. The Land Surveyor will submit one plan to the Western Regional Operations Centre (WROC), Legal Surveys Division, Vancouver, for review.

9.2 WROC will submit the plan to DIAND regional Lands Manager for review.

9.3 When the plan is acceptable, WROC will request the surveyor submit the plan. WROC will request a letter from MoT indicating its acceptance of the registration pIan. Provincial Coordinator, Land Survey and Tenure (MoT) will provide written acceptance of the registration plan to WROC and send a copy of the letter to MoT Region. MoT need not wait for the request, but may provide WROC with written acceptance of the plan as soon as the Provincial Coordinator, Land Survey and Tenure (MoT) and MoT Region have reviewed and approved the registration plan.

9.4 WROC will submit the approved plan of survey to the Surveyor General of Canada Lands, or a person who is designated by the Surveyor General to ratify such plans, for approval under Section 31 of the Canada Lands Surveys Act. The plan of survey will be recorded in the Canada Lands Surveys Records.

9.5 WROC will send prints of the Plan to DIAND Region, the Provincial Coordinator, Land Survey and Tenure (MoT), the Regional office of MoT, DIAND Indian Land Registry and the surveyor.

Schedule 2

Preliminary Sketch Guidelines

Preliminary Sketch

Requirements:

This sketch is required in order to prepare a land status report for the lands to be transferred. This sketch is also required by the Head, BC Client Liaison Unit (NRCan) in order to issue appropriate survey instructions.

The preliminary sketch must show:

  1. The existing survey fabric and property interests registered in the Indian Land Registry of the Indian Reserve lands to be transferred to British Columbia and any provincial lands to be transferred to Canada.
  2. The location, dimensions and approximate areas of the Indian Reserve lands to be transferred to British Columbia.
  3. The Iocation of any unsurveyed provincial lands affected by the project. The approximate area in hectares of any unsurveyed provincial lands to be retained by British Columbia.
  4. The approximate area in hectares of any existing Highway Land (surveyed or not) to be transferred to Canada.
  5. The location and area of any Provincial Crown Land to be offered in exchange for the lands to be transferred to British Columbia.