Summary of Changes: June 1, 2011 BN Policy and Procedure update to reflect reorganization of resource ministries April 2011 February 22, 2012

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2 Land Procedure: Allocation Procedures - Applications APPROVED AMENDMENTS: Effective Date Briefing Note /Approval Summary of Changes: June 1, 2011 BN Policy and Procedure update to reflect reorganization of resource ministries April 2011 February 22, 2012 Section Application Windows. Text removed from Business Rules and included in Procedure. July 10, 2013 BN Updated guidance on advertising, including addition of a risk matrix process in Appendix 2. February 22, 2016 BN Numerous updates and modifications were made as part of Procedures Update project, including clarifying processes, reflecting E-application amendments, and aligning with acceptable operational practices. Other changes were necessary to be consistent with Land Act amendments approved through Bill 25. April 7, approval Updated section to revise language from RAT to EYOR FILE: EFFECTIVE DATE: June 1, 2011 AMENDMENT: February 22, 2016

3 Land Procedure: Allocation Procedures - Applications Table of Contents 1. PURPOSE DEFINITIONS APPLICATION PROCEDURES Enquiries Application Package Mapping Management Plan Application Acceptance Filing Activities Subsequent Applications/Multiple Interests Application Closures Clearance/Statusing General Status Clearance Function Aquatic Land Jurisdiction Special Status Clearance Activities Posting of Applications Staking Referrals Project Review Team (PRT) Advertising and Notification Determining when to advertise an application Upland Owner Consent Adjacent Owner Notification First Nations Site Inspections Decision/Report Information Required Decision Notifying the Applicant Issuing Documents Notice of Final Review and Tenure Requirements Survey Instructions Legal Survey Procedure Direct Sale Dispositions Special Procedures Respecting Sub-Surface Rights Conflict APPLICATION FOR CROWN LAND BY PROVINCIAL EMPLOYEES Appendix 1 Surface Tenure Conflict Mitigation with Sub-surface Encumbrances17 Appendix 2 Risk matrix and guidelines for advertising EFFECTIVE DATE: June 1, 2011 FILE: AMENDMENT: February 22, 2016

4 Land Procedure: Allocation Procedures Applications 1. PURPOSE The allocation process outlined in this procedure applies to applications for Crown land tenures and sales, mostly with regards to the Land Act. This procedure outlines the steps to be followed to process a Crown land application, from initial submission by the applicant through to issuance of final tenure documents by the Authorizing Agency. Several phases are detailed including application acceptance, advertising and notification, and adjudication and decision. The procedure document reflects the electronic submission processes introduced in 2014 and includes links to other associated procedures and websites. This procedure does not apply to applications for inclusions of water bodies and roads. These applications are accepted and processed by the Surveyor General Division, Land Title and Survey Authority, which may refer the application to the ministry responsible for the Land Act. 2. DEFINITIONS Authorizing Agency means the Provincial ministry or agency responsible for the specific authorization. Best Management Practices means a set of guidelines or standards that are intended to assist practitioners or clients in achieving the best outcomes and / or satisfying legislative requirements. Decision Maker means any of Authorizing Agency staff that has been delegated authority to make a decision under the Land Act, or the Ministry of Lands, Parks and Housing Act, on behalf of the Minister responsible for these statutes. Disposition means the act of disposal or an instrument by which the act of disposal is effected or evidenced, or by which an interest in Crown land is disposed of or effected, or by which the government divests itself of or creates an interest in Crown land. Notice of Final Review refers to the letter that is sent by the Authorizing Agency to a successful applicant providing direction on what the applicant must do to finalize the tenure agreement. Tantalis is an operational land information system that maintains the recording of current and historical rights, interests and encumbrances on provincial Crown land. It supports the disposition, allocation and acquisition of Crown land as legislated under the Land Act, and is an electronic implementation of the "Crown Land Registry" Tenure means a form of Crown land allocation, which includes licenses of occupation, lease and rights of way. These forms of tenure grant the right to carry out identified activities during the term of the tenure. EFFECTIVE DATE: June 1, 2011 FILE: AMENDMENT: February 22, 2016 PAGE: 1

5 Land Procedure: Allocation Procedures - Applications 3. APPLICATION PROCEDURES 3.1 Enquiries Enquiries concerning the disposition of Crown land should be directed to the appropriate FrontCounter BC (FCBC) office. 3.2 Application Package Application packages are submitted electronically through Virtual FCBC and will be processed by the geographically appropriate Crown land office. In general, packages will include application fees, mapping and other information about the proposed land use. Required Information All applications require a description of what activities are proposed for the land. Applications must also contain information to justify the size of the site and the proposed use of the land. Information requirements vary somewhat by land use program. Standard forms for the various information documents, outlining the type and level of information required, have been developed for each land use program as part of the application package. Applications must be complete before they can be reviewed for processing. A complete application package will include the material defined in the Application Requirements Checklist under the applicable Crown Land Uses webpage Mapping Applications are to be accompanied by plans and/or drawings, showing details of the area of proposed land use and the improvements to be constructed, as well as a sitemap which identifies the general location of the proposal. Applicants must submit a Geomark URL, or a spatial file from a GIS system or a PDF, or an image file of a drawn map. More information on the mapping standards and requirements are contained within the Location tab of the electronic application. PDF or image files and written metes and bounds descriptions will need to be converted into digital spatial files by the Authorizing Agency. To avoid lengthy delays in application processing, electronic mapping tool sites have been provided to assist applicants in providing a digital spatial file Management Plan A management plan is a written report which describes the proposal in detail and includes the information needed to assess the proposal. A management plan framework/ description is available as a link on the Application Requirements Checklist page of each Crown Land Use. Refer to the Crown Land Uses webpage. A plan, generally, should include: the location of the activity with respect to its surrounding environment; FILE: EFFECTIVE DATE: June 1, 2011 PAGE: 2 AMENDMENT: February 22, 2016

6 Land Procedure: Allocation Procedures Applications how the site will be accessed; when the site will be used; detailed descriptions of the operation, activities, level of use, proposed number of clients (if relevant); details regarding planned buildings and other improvements or structures and their location within the application area, plus an estimated time-frame for completion of the development; the types of impacts the business could have on the land, its resources and other users or interest groups; and explanations of the measures which will be taken to eliminate or minimize conflicts with other users, protect environmental integrity, respond to First Nations concerns and ensure public access (if relevant). The plan may evolve throughout the application process in response to issues and concerns raised during agency, stakeholder, public and First Nations reviews. A final management plan addresses all issues deemed to be relevant by the Authorizing Agency, which were raised during the land use acceptability review and/or the competitive process, and identifies how operating conditions, standards or criteria resulting from earlier stages will be met. Where deemed appropriate by the Authorizing Agency, opportunities may be provided for review of the final plans by the public, other license holders in the area, affected parties or advisory groups. The Notice of Final Review letter may include a requirement to complete final revisions to the management plan. The final approved plan will form part of the tenure contract. The management plan is referenced in the tenure document, binding the tenure holder to the terms and conditions of the plan. Where a proponent is unable or unwilling to make required changes to a management plan, the proposal will not be approved. The applicant will be advised that the application has been disallowed and any future application using the proposal will require a new application and fee. Clean energy projects usually include an investigative phase with associated tenures. An investigative plan is included with the application for these tenures. This type of plan contains a project overview, project description, maps, and an investigative schedule. 3.3 Application Acceptance New applications will be entered into the electronic application system while the application is initially reviewed. In accordance with the Land Act, a person of age 19 or over or a corporation or other association may apply for Crown land. Information on applicant eligibility is provided in the Land Use Policy on Eligibility and Restrictions. Individual land use policies may contain additional eligibility requirements. EFFECTIVE DATE: June 1, 2011 FILE: AMENDMENT: February 22, 2016 PAGE: 3

7 Land Procedure: Allocation Procedures - Applications An application can be refused if: (a) the application is incomplete, (b) the land is reserved from disposition under Land Act section 15, (c) the land is withdrawn from disposition under Land Act section 16, or (d) the Crown land is the subject of a Minister's Order for a temporary closure of an area or use from applications (refer to section 3.3.3). Applications that overlap with existing tenure areas will normally be accepted. Decisions on compatibility of use or the potential for modifying application areas and development proposals will generally be made after acceptance of the application. Once accepted, it is up to a decision maker to decide, based on an assessment of the specific facts, whether to disallow the application with a summary review (i.e. without the need for a full review process), delay consideration (e.g. pending a decision on replacement of the existing tenure) or allow the accepted application to be processed in the normal manner. Once the application is accepted: Tantalis will be updated to the Accepted stage, and The client will be able to view the status of their application on the My Applications site of FrontCounter BC. If an application is not accepted, the applicant will be sent a letter which explains the reasons why the proposal was not accepted Filing Activities Applications are not assigned a Crown land file number until they are accepted. An application for a renewal/replacement of an existing tenure will be filed using the preexisting file number. The file number is recorded in Tantalis. The hardcopy folder or e-file folder is prepared and placed in the filing system of the Authorizing Agency. Application information is also posted on the Application and Reasons for Decision website Subsequent Applications/Multiple Interests The Authorizing Agency may accept more than one application for a given parcel of Crown land provided the Authorizing Agency has not issued a Notice of Final Review to an applicant over the subject land. If more than one application is received for the same use of the same parcel, the Authorizing Agency may dispose of the parcel by public competition (set out in the Competitive Process Procedure) to determine the most appropriate proposal. FILE: EFFECTIVE DATE: June 1, 2011 PAGE: 4 AMENDMENT: February 22, 2016

8 Land Procedure: Allocation Procedures Applications If more than one application is received for the same parcel but for a different use, the Authorizing Agency may accept multiple applications and assess the compatibility of uses and/or the potential for accommodating the different proposals (e.g. by modifying boundaries or development plans). If the different applications are not compatible or cannot be readily accommodated, the Authorizing Agency will give precedence to the application which provides the highest and best use of the land. If there isn t a significant difference, preference will be given to the first application received. Once a Notice of Final Review has been accepted for the preferred application, the other applications will be disallowed Application Closures An application closure may be established by Ministerial Order for a specified term during which applications will not be accepted. They can be for a particular area or region, type of activity or program, or category of applicant. Closures may be established to manage special regional or program-specific circumstances. Application closures may be used when a program or policy is under review. Prior to submitting a request to create a regionally applied closure, the originating regional executive / management is to inform executive / management from other regional offices to align processes, if applicable. Stakeholders that may be negatively impacted by the establishment of these closures may be notified if warranted and where practical. Applications received prior to the closure being established will continue to be processed. 3.4 Clearance/Statusing The Authorizing Agency undertakes a detailed land status of the specific land under application. Review of mapped information regarding land tenures, parks, provincial forest boundaries, local government jurisdiction, etc. ensures that all areas under application are available for disposition under the Land Act and aids in the identification of legal encumbrances and potential issues or conflicts General Status Clearance Function The Crown land application area is entered into the Edit Your Online Registry tool (EYOR) in Tantalis for status clearance. Upon entry of the application shape, the Authorizing Agency prepares a legal description for the parcel of Crown land. A clearance report including the legal description and the other land information is attached to the file. Conflicts, if any, are fully detailed. Information regarding any overlapping existing tenures should be made available to the applicant at this time as per the Integrating Overlapping Land Uses Procedure. EFFECTIVE DATE: June 1, 2011 FILE: AMENDMENT: February 22, 2016 PAGE: 5

9 Land Procedure: Allocation Procedures - Applications Aquatic Land Jurisdiction If the application is for aquatic land, staff are required to confirm that the aquatic land falls within the jurisdiction of the Authorizing Agency, as opposed to other jurisdictions such as federal harbours or local harbour boards, or in the case of some lakes, under private ownership (e.g. within the Esquimalt and Nanaimo Land Grant on Vancouver Island). 3.5 Special Status Clearance Activities Applicants for rights of way are generally required to obtain the written consent of any Crown lessee or licensee across whose tenure the development is to be built. If the application covers aquatic land and the applicant owns the adjacent upland, proof of ownership for the upland property will be required. If the applicant does not own the upland, the Authorizing Agency may require that the applicant obtain upland owner consent (refer to section for more information). 3.6 Posting of Applications The Authorizing Agency is responsible to ensure all accepted applications for Crown Grant, Lease, Easement or Right of Way, or Licenses of Occupation will be posted to the Applications and Reasons for Decision (ARFD) website. Posted information serves to inform the public of the application and should include a description of the application including a map. The Authorizing Agency is responsible for ensuring that the posted information meets the requirements of the Freedom of Information and Protection of Privacy Act (FOIPPA) and that all financial, proprietary, and personal information has been severed. Applications for Map Notations, Reserves, Investigative Permits, Development Agreements, Transfers of Administration, and Transfer of Administration and Control are not required to be posted to the ARFD. Posting applications to the ARFD site does not satisfy the legislated advertising requirements. 3.7 Staking If the land is an un-surveyed area or an un-surveyed portion of a surveyed lot and the point of commencement is not a surveyed corner, the applicant may be required to stake the land and submit a Notice of Intention to Apply for a Disposition of Crown Land. A copy of the Staking Notice and information will be forwarded to the applicant where required. 3.8 Referrals Crown land applications for new tenures, as well as Land Act reserves, designations and notations may be referred to federal agencies, other provincial agencies or local governments. Basic information on the nature and purpose of the Crown land application is provided to each referral agency. Referrals may establish siting criteria, best management practices, applicable guidelines, jurisdiction and other land use requirements. FILE: EFFECTIVE DATE: June 1, 2011 PAGE: 6 AMENDMENT: February 22, 2016

10 Land Procedure: Allocation Procedures Applications The selection of referral agencies is based on the following: the proposed Crown land and its purpose the status of the land under application land designations and other direction contained in land use plans specific criteria of interagency agreements information included in Notations of Interest (i.e. the name of the agency that the notation is established on behalf of) the legislated responsibilities of the different organizations internal guidelines that may be established for specific areas and activities Interagency agreements and referral guidelines can establish when referrals are not required by an agency within specific areas and/or for a particular type of land use. These agreements or guidelines may set out siting criteria and other specific requirements which, if met, preclude the need for referrals. All application referrals will have a defined time frame for completion. If a response is not received from the agency within the defined time frame, the adjudication of the application may proceed (see Section 3.10). Responses received after that time frame may still be considered if no decision has yet been made by the Authorizing Agency. All referral agency comments are recorded, placed on file and addressed as needed in the land report. The Authorizing Agency will consider referral information in adjudicating an application. Referral comments may influence the final decision on the application and can form the basis for special conditions or provisos in tenure documents including attached management plans. Consultation is also undertaken with the applicable First Nations as described in section Project Review Team (PRT) A Project Review Team may be created for complex applications if the Authorizing Agency determines this to be the most efficient means of collecting input from other agencies. The PRT format is different from the standard mail out referral process in that a team of agency representatives is formed who meet one or more times to discuss the project proposal. Such a team may include representatives of federal, provincial and municipal agencies with jurisdictional responsibility or a recognized interest in the project. The review team may also include First Nations and/or non-governmental organizations. The Authorizing Agency normally chairs the PRT. Roles and Responsibilities The PRT provides an efficient and effective method for referral agencies to be informed about, and provide comments on, a complex application. The review team may also provide input on terms of reference for studies, and may be asked to provide advice regarding evaluating and weighting criteria to assist the Authorizing Agency in dealing with competing applications. EFFECTIVE DATE: June 1, 2011 FILE: AMENDMENT: February 22, 2016 PAGE: 7

11 Land Procedure: Allocation Procedures - Applications The PRT may invite presentations and submissions from the applicant. Where required, staff from agencies participating on the PRT may also contact the proponent directly (e.g., questions about data provided or additional information required). When this occurs, those officials will be expected to indicate to the PRT Chair the nature of the contact (i.e. topic, results of discussion, any correspondence, etc.). Additional federal or provincial agency people may attend meetings on request or by invitation, to address agenda items, or introduce additional items at the discretion of the Chair and official PRT members. Individual PRT agencies may also choose to have additional staff attend for information purposes. 3.9 Advertising and Notification The applicant may be required to advertise their application as a means of informing the public and stakeholders and for soliciting comments on the proposal. Where required, applications must be advertised once a week, for two consecutive weeks, in a newspaper circulating in the community in which the Crown land is located. Applications may also be advertised once in the BC Gazette. In most situations, advertising in a local newspaper will be more desirable than using the BC Gazette; however, in the absence of a local newspaper the BC Gazette should be considered. In some situations, both the BC Gazette and a local newspaper may be used. The newspaper advertisement must include a file number and a site sketch showing the boundaries, and the area of application in relation to the nearest known named geographic features, such as bays, channels and villages. The advertisement must clearly indicate the form of tenure for which application is being made. In addition, it should include a link to the Applications and Reasons for Decision (ARFD) website to allow interested parties to view further details of the application. A sketch map is not required in B.C. Gazette advertisements. A specific date must be stated in the advertisement by which responses must be received. This must not be less than 14 days after the advertisement is first published. The advertisement must also include the name and contact information (including mailing address) of the Authorization Officer who is to receive the responses. Copies of any comments received by the applicant must also be submitted to the Authorization Officer at the end of the advertising period. Proof of advertising must be submitted to the Authorizing Agency and kept on record. All comments will be considered in the decision process; however, persons or parties that submit comments will not be provided with a response unless the decision maker determines follow up to be appropriate (e.g. if the decision maker wants more information) Determining when to advertise an application Advertising can be important for determining the public interest, and avoiding possible conflicts or negative impacts on the public and stakeholders related to a proposed use. Requiring an application to be advertised will depend on such things as the type of FILE: EFFECTIVE DATE: June 1, 2011 PAGE: 8 AMENDMENT: February 22, 2016

12 Land Procedure: Allocation Procedures Applications activity and improvement being proposed, where the site is located and proximity to settlements and areas of public use. To help determine when to advertise applications refer to Appendix 2 - Risk Matrix and Guidelines for Advertising. Where impacts are likely to be only very localized, other means of determining public interest may be more appropriate than advertising, including having the client directly engage with adjacent property owners or overlapping tenure holders. Refer to specific program policies for direction on adjacent owner notification, as well as upland owner consent requirements Upland Owner Consent The Authorizing Agency will advise applicants for aquatic Crown land when they must provide proof of non-infringement on riparian rights of the upland owner or provide the upland owner s written consent. Generally, if an application indicates that tenure improvements will be located on the bed of a water body which may infringe on the upland owners riparian rights, the applicant will be required to obtain written consent from the upland owner for the proposed use and duration of the tenure. If the upland is owned by the applicant, but is encumbered by other than financial charges, written consent must be obtained from the holder of such charges if the interests of the charge holder may be impacted by the application. If the upland is not owned by the applicant, written consent is required from the upland owner in addition to the consent of any holders of charges against the upland parcel Adjacent Owner Notification All new applications to tenure foreshore adjacent to privately-owned property, including Indian Reserves or Treaty Settlement Land, shall be brought to the adjacent property owner's attention using one of two options: refer the application to the owner, Indian Band or a Treaty First Nation Government for comment; or, require the applicant to contact the owner, Indian Band or First Nation Government in British Columbia directly to identify any concerns and, where these exist, to initiate a process to resolve the concerns. The Authorizing Agency may intervene if the two parties reach an impasse. Adjacent property is to be interpreted as those lands immediately adjoining the upland property on which the foreshore application fronts. However, at the Authorizing Agency s discretion, this definition may be expanded to include more distant properties that may be affected by the Applicant s operations (e.g. noise, odour, traffic, appearance, etc.) First Nations The Authorizing Agency is responsible for ensuring the Province s obligations to First Nations are met in the disposition of Crown land. The Authorizing Agency carries out EFFECTIVE DATE: June 1, 2011 FILE: AMENDMENT: February 22, 2016 PAGE: 9

13 Land Procedure: Allocation Procedures - Applications consultations in accordance with the consultation guidelines of the Province to identify the potential for aboriginal rights or title over the subject property and to determine whether infringement of either might occur Site Inspections Site inspections are conducted in accordance with these procedures, and any special inspection and reporting procedures outlined in individual Crown Land Operational Policies. A site inspection may be required to obtain information, resolve conflicts, and reduce uncertainty and risk. In addition, site inspections of new applications or existing tenures often form an important part of area wide planning initiatives. The decision to make an inspection ultimately lies with the Authorizing Agency staff, who must evaluate each application. The need to conduct a site inspection will depend on the specifics of the application, the site in question and the issues raised during the application process. A site inspection should be considered for applications if any of the following apply: the inspection will provide essential technical information that will allow an application to be processed. maps, air photos and other sources of spatial data, combined with best management practices are insufficient or inadequate to address outstanding concerns. there are questions around the highest and best use of Crown land. there is a need to see and understand, so as to be able to resolve concerns identified by legally-recognized objectors, other agencies, local governments and First Nations. Where the concern involves one of these groups, a joint inspection should be conducted. when the surrounding use of land, or adjacent tenures, will impact the decision on whether a tenure should be issued. there may be a need to verify the exact location of existing/proposed works or improvements in relation to legal property boundaries there is a need to see the land because of the impacts from previous uses. This would include contamination and abandoned improvements. there is a need to see the lay of the land as the geo-morphological features will impact the area to be tenured or will impact other licensees rights. Site inspections are generally carried out on all larger or more complex project applications. A site inspection may not be needed if an alternate process (such as Environmental Assessment Act (EAA) or the Canadian Environmental Assessment Act (CEAA) review) will address the majority of concerns. Information gained as a result of the field inspection is entered into the land report. The Authorizing Agency may request additional information (e.g. photos, professional assessments) from the applicant as a basis for preparing the land report in place of a field inspection. FILE: EFFECTIVE DATE: June 1, 2011 PAGE: 10 AMENDMENT: February 22, 2016

14 Land Procedure: Allocation Procedures Applications 3.12 Decision/Report Information Required Before making a decision, it must be confirmed on file that: referrals have been made to all appropriate agencies and entities; First Nations consultation is complete; the status clearance covers the area described; all status conflicts have been addressed; in the case of conflicts with sub-surface rights issued pursuant to the Coal Act, Mineral Tenure Act, or Petroleum and Natural Gas Act, the necessary documentation for conflict mitigation has been obtained; and all applicable requirements of the appropriate land use policy have been satisfied. Input and information gathered from the referral process, site inspection, discussions with the client, First Nations consultation, public and stakeholder responses to advertising, and tenure area status information are all factored into disposition decisions. Other considerations may include: Technical or professional assessment findings Cost / benefit analysis and risk assessments Consistency with government strategies, land use plans and objectives Comparisons with relevant best management practices Consistency with local government plans Compliance with other provincial and federal legislation Decision An application decision will result in one of the following possible outcomes: the application is approved as proposed; the application is approved, with modifications and/or conditions attached to the tenure document or management plan; or the application is disallowed. The Land Report is the official record of the application decision and must include: a written record of the summary of input; a summary of the history of any issues, background of land use, description of the area; the rationale/justification for the decision; and recommendations for terms and conditions of the disposition. EFFECTIVE DATE: June 1, 2011 FILE: AMENDMENT: February 22, 2016 PAGE: 11

15 Land Procedure: Allocation Procedures - Applications Where the application is approved the Authorizing Agency sets out the terms and conditions of tenure, including: length of tenure; amount and method of payment as well as payment due date (including, where required, the amount of royalty for quarrying dispositions); amount and type of security and insurance where applicable; requirements for legal survey where applicable; and any other terms and conditions required by policy or specified in the Land Report. Regardless of the outcome, the Reason For Decision is recorded in Tantalis. It will also be posted to the Applications and Reasons for Decision website once the final documents have been executed by the Province Notifying the Applicant The proponent will be notified in writing of the outcome of the application process by either: a disallowance letter, when an application is disallowed for any reason by the Authorizing Agency either during the screening process or at any time during the application process; or a Notice of Final Review letter accompanied by a draft tenure if the application is approved Issuing Documents The Crown land tenure document is a contract that is issued and maintained pursuant to the Land Act. As such, the provisions contained therein must clearly reflect the Land Act and other relevant statutes or common law. Document terminology and translation is specifically related to property laws and careful attention must be paid to the language that is used in these contracts. The template provisions, that is, terms and conditions, have been prepared by government s legal services. The official document templates for all Crown land tenure dispositions are protected and stored within the Document Generator component of Tantalis (DoG). The Tantalis DoG will limit the selection of documents, or forms of allocation, to those that are outlined in Crown Land Use Operational Policies. In addition to fixed provisions, the templates include mandatory picks (i.e. where one of several provisions must be selected) and optional picks (i.e. only include the provisions if relevant to the specific proposal). The provisions selected for inclusion in a tenure agreement are based on an assessment of information provided in the Land Report and what is considered appropriate for the relevant use and associated Crown land policies. Adding content into these documents through the insertion of free field text is possible, but this discretion must be exercised only under suitable circumstances by those who have been delegated appropriate authority and have a sound knowledge of contract and FILE: EFFECTIVE DATE: June 1, 2011 PAGE: 12 AMENDMENT: February 22, 2016

16 Land Procedure: Allocation Procedures Applications property law. Before adding the free field provisions staff should discuss with legal counsel and/or the Land Tenures Branch. The final Land Act disposition decision comes into effect the date of execution (as per S. 42 of the Land Act); that is, when the document is signed by an authorized representative of the Authorizing Agency. Two copies of the tenure document are sent to the applicant with the Notice of Final Review letter Notice of Final Review and Tenure Requirements The Notice of Final Review letter provided to the applicant, along with the draft tenure document, describes the requirements that must be completed by the applicant before the Authorizing Agency will finalize the agreement. These requirements can include such things as submitting a final management plan, obtaining liability insurance, posting a financial security, or conducting a legal survey. Notice of Final Review letters generally do not include conditions which relate to other jurisdictional requirements (e.g. obtaining permits from other agencies). It is the applicant's responsibility to obtain all the necessary authorizations or approvals that allow placing improvements or commencing operations on the tenure. One condition that can be included in the letter is the requirement for an applicant to obtain the appropriate local government zoning. In the case of aquaculture tenures, obtaining federal government permits must also be done prior to the Land Act tenure being finalized. For those situations where it is known that the requirements will take considerable time to complete (e.g. rezoning or surveys), the Authorizing Agency needs to make reasonable allowances or set reasonable time expectations in the letter. Once the applicant has satisfied the conditions of the letter and signs the tenure document, they must return the signed copies and any relevant supporting documents to the Authorizing Agency. The Authorizing Agency approves and signs the tenure and returns an original set of documents to the tenure holder. If the applicant does not complete the Authorizing Agency s requirements for land tenure within the stated time frames, the client is informed in writing that their application will be disallowed if these conditions are not satisfied within a specified number of days. If there is no response to the warning letter as requested, a disallowance letter is sent to the applicant. The client will be informed that they can re-apply if they wish to have the tenure file re-opened. Payment of the application fee is required to re-open the file Survey Instructions The applicant will engage a land surveyor to conduct the legal survey. The applicant will provide the surveyor with: a copy of the Notice of Final Review letter signed by both the applicant and the Authorizing Agencies decision maker, and a copy of the accompanying sketch map. EFFECTIVE DATE: June 1, 2011 FILE: AMENDMENT: February 22, 2016 PAGE: 13

17 Land Procedure: Allocation Procedures - Applications In turn, the surveyor will request survey instructions from the Surveyor General Division (SGD), Land Title and Survey Authority. Land surveyors are familiar with the procedures established by the Surveyor General Division for all surveys of Crown land. Provincial staff can contact any staff at the Surveyor General Division regarding specific legal survey related questions. If the subject area is crossed by or adjoins a road or a waterbody or watercourse the SGD requires additional information before survey instructions can be issued (see below). If the additional information is not provided the SGD will stop processing and refer back to the originating author of the Land Report. The survey request will remain on hold until the additional information is supplied. To avoid these delays, the extra information can easily be added to the original Land Report sketch that is included in the Notice of Final Review which is sent to the applicant. Information on roads and waterbodies Where a road, waterbody or watercourse is involved, please ensure the answers to the following questions are depicted as mark-up or annotation of the Land Report sketch: If the subject parcel is crossed by or adjoining a road: Is the road defined by legal survey? Is it a public highway administered by MOTI? o If yes, was it established by Gazette Notice or under section 42 of the Transportation Act? o Is there an action to close this part of the highway? Indicate if it is one of the following types of road, and if so, specify the width: o Forest Service Road. o Petroleum Development Road. o Public road, as defined under the Land Act. o Non-status road, and if yes: Does it need to be dedicated as highway? Does it need to be surveyed out of the parcel, or will the road form part of the survey parcel? If the subject parcel is crossed by or adjoining a watercourse: Is there any filled aquatic land area? If so, is it to be included as part of survey? Is there any unfilled foreshore to be included as part of survey? Have there been any other alterations to the natural boundary that might be relevant to the survey? Legal Survey Procedure In the case of a lease, right of way, lease to purchase or sale disposition, a survey is required at the applicant s expense to define the tenured area. For specific survey information on lease to purchase dispositions refer to the Extensive Agriculture Policy. Where a tenure holder proposes to subdivide an existing Crown land tenure, the Surveyor General must be satisfied that any new lots created can be accurately located FILE: EFFECTIVE DATE: June 1, 2011 PAGE: 14 AMENDMENT: February 22, 2016

18 Land Procedure: Allocation Procedures Applications on the ground. Survey of the subdivision may be required. (This stipulation applies to an abandonment of an existing tenure in favour of creating two or more tenures which represent the subdivision of the former lot.) Direct Sale Dispositions The Authorizing Agency requests that the Surveyor General Division prepare a Crown grant of the subject lands. The Authorizing Agency also directs Crown Grant Services as to where to send the Crown grant, directly to the Land Title Office or to a lawyer or notary public, in trust. The Crown grant is deposited into the Land Title Office thereby raising title to the land in the name of the grantee Special Procedures Respecting Sub-Surface Rights Conflict The Integrating Overlapping Land Uses Procedure provides information to Authorizing Agency staff on resolving potential conflicts between Crown land dispositions and subsurface rights. Tenures are issued on the basis of obtaining a Quit Claim, Registerable Quit Claim, or an Indemnity and Release which will save the Crown harmless from liability and costs involving any conflict between the surface tenure holder and the holder of the subsurface tenure. A Quit Claim (registered or not) is obtained prior to the decision to offer a tenure. An indemnity and release is agreed to in the tenure as standard language regarding existing and subsequent subsurface rights. A Quit Claim, Registerable Quit Claim, or an Indemnity and Release is not required when the subsurface tenure holder and the applicant for Land Act tenure are the same party. Ministry of Justice solicitor advice may be required in any specific case, where the legal or compensation risks are high. In cases involving the issuance of a Crown grant where it is not possible to obtain a Quit Claim for mineral/coal tenures (other than over Crown granted Mineral Claims), the Crown grant document contains a special covenant as described in Appendix 1. Ministry of Justice solicitor advice may be required in any specific case, where the legal or compensation risks are high. Where Crown Granted Mineral Claims are involved, disposition by Crown grant is only made after a Quit Claim has been registered in the appropriate Land Title Office. 4. APPLICATION FOR CROWN LAND BY PROVINCIAL EMPLOYEES Provincial employees and spouses/partners are eligible to acquire vacant Crown land. At the time of application, the employee must select the box in the electronic application identifying themselves or their spouse/partner as an employee. The Regional Executive Director or ministry Executive, will, in turn, provide specific direction to the appropriate staff regarding the inspection and preparation of the report. Advertising is compulsory for all applications submitted by Provincial employees. The Authorizing Agency s Regional Executive Director or ministry Executive may seek assistance in the preparation of the inspection report from a staff member external to the region. EFFECTIVE DATE: June 1, 2011 FILE: AMENDMENT: February 22, 2016 PAGE: 15

19 Land Procedure: Allocation Procedures - Applications Where a Provincial employee intends to participate in a public competition, written notification of his/her intention must be submitted to the Authorizing Agency s Regional Executive Director (copy to the ministry Executive). Prior to adjudicating the application, the Regional Executive Director will notify the ministry Executive of his/her decision. In the case of application by a Regional Executive Director, the ministry Executive will adjudicate the application. FILE: EFFECTIVE DATE: June 1, 2011 PAGE: 16 AMENDMENT: February 22, 2016

20 Land Procedure: Allocation Procedures Applications Appendix 1 Surface Tenure Conflict Mitigation with Subsurface Encumbrances Land Act Tenures Ministry Act Tenures Crown Grant Lease and Licence Mineral/Coal Tenure Mineral Claim, Mineral Lease or Mining Lease Placer Location or Placer Lease Coal Licence or Coal Lease Quit claim(1) is preferable but if not obtainable, the Crown grant will contain a covenant indemnifying the Crown. Quit claim is preferable. A standard overlapping rights release and Indemnity is provided in the Lease and Licence. Crown Granted Mineral Claim(3) Registerable Quit Claim Registerable Quit Claim Petroleum/Natural Gas Tenures Permit, Drilling Reservation, Drilling Licence, or Petroleum and Natural Gas Licence. The Crown grant is made subject to the rights of the holder of any existing registered statutory right of way. Leases/licences are issued subject to the prior rights of the holder of other existing Land Act rights as identified in the Tenure. (1) Quit Claim is a document executed by the holder of sub-surface tenure relinquishing the surface rights back to the Crown. Quit Claim in registerable form is an executed document that is registerable under the Land Title Act and must be registered in the appropriate Land Title Office. (2) Crown Granted Mineral Claim means the conveyance in fee simple of mineral and coal rights under former legislation that included the right of the grantee to the use and possession of the surface and timber for mining purposes only. EFFECTIVE DATE: June 1, 2011 FILE: AMENDMENT: February 22, 2016 PAGE: 17

21 High - Moderate Low - None Land Procedure: Allocation Procedures - Applications Appendix 2 Risk matrix and guidelines for advertising Table 1. Risk of the public being negatively impacted by a Crown land proposal IMPACT OF PROPOSAL (based on type of activity) Major permanent improvement Long term Exclusive use / public restricted Significant on-site or off-site impacts/disturbance (e.g. ground, noise, air, water) Large area Temporary improvement Short term Non-exclusive use; no significant limit to public access No significant on-site or off-site impacts/disturbance Small area LIKELIHOOD OF PUBLIC BEING AFFECTED (based on general proximity to the public) Remote location Low M N Rural /Urban High H L Process for determining risk A. For each new application using table 1: 1. Determine Impact of the proposal (based on type of activity) High-Moderate or Low-None: a. Place in the category where 3 or more of the activity types apply; b. If in doubt, assign activities to the high moderate grouping; c. If improvements are already in place and have been previously authorized the application may be treated the same as a replacement in accordance with C below (e.g. if the proposal is for a permit to maintain an existing non-status road, or for an overlapping licence for a telephone cable which is to be strung on existing electrical transmission poles under licence). 2. Determine Likelihood of the public being affected (based on general proximity to the public) - High or Low: a. Remote areas typically have limited public highway access, and mostly rely on access by resource roads, or may have water or air access only. They are usually long distances from settlement areas. FILE: EFFECTIVE DATE: June 1, 2011 PAGE: 18 AMENDMENT: February 22, 2016

22 Land Procedure: Allocation Procedures Applications i. Remote sites that are in popular recreational areas that experience a moderate or high level of public use should be considered the same as urban/rural locations. b. Urban/rural areas are fairly well accessed by permanent public roads or highways and other services; and they are often in or near to settlement areas. 3. By cross-referencing the selected Impact with the selected Likelihood, the Risk Ranking can be determined: Impact of the proposal X Likelihood of the public being affected = Risk of the public being negatively impacted by the proposal. B. Based on the risk ranking, advertising of new applications is recommended as follows: RISK RANKING ADVERTISING REQUIRED N Negligible No L Low M Moderate H High No* Yes* Yes * The advertising requirement for L and M risks may be modified based on local knowledge / experience with respect to expected level of public interest and potential impact on the public (e.g. there may have been similar applications in the same general area, or recent public consultation on specific land uses through land use planning or local government planning / zoning, or EAO processes). C. For replacements advertising should not be required, unless: a. there has been significant public interest in the tenured activities or site during the term of the existing tenure (e.g. as evidenced by notes / letters on file or based on staff knowledge); or, b. the land use surrounding the existing tenure has changed significantly since the tenure was issued, in which case it should be treated as a new application, as per above process. D. Where there are or likely to be competing interests for use of the parcel under a new application or replacement, advertising should be considered, which may trigger a competitive allocation process. E. Specific requirements provided in an operational policy for a particular program area take precedence over the above process. EFFECTIVE DATE: June 1, 2011 FILE: AMENDMENT: February 22, 2016 PAGE: 19

23 Land Procedure: Allocation Procedures - Applications F. If a Provincial employee applies for a disposition the application must be advertised. G. Regional Advertising Guidelines may be developed to reduce the need to assess individual applications. Such guidelines could benefit from using the risk matrix and risk ranking tables as follows: a. As a group, regional staff involved in processing tenure applications, may use the risk matrix (table 1) to review program areas that are normally applied for within their region in order to: i. Identify the general types of use / proposed activities and their potential impacts which will not require advertising. e.g. a group decision may be made to exempt from advertising: all investigative use permits, except aquaculture, regardless of location; temporary aquatic heli-log dumps on the west coast of Vancouver Island; non-motorized adventure tourism activities located east of River X and north of highway Y, etc. ii. Identify areas / sub-regions that could be considered remote vs. urban or rural (e.g. all areas north of the river X are to be considered remote, or all areas east of highway Y, etc.). b. It is important that any outcome of this process be recorded, placed on file and made readily available to staff. FILE: EFFECTIVE DATE: June 1, 2011 PAGE: 20 AMENDMENT: February 22, 2016