Table of Contents

1.01.01.02 Ministry of Transportation and Infrastructure Involvement

Ministry of Transportation and Infrastructure Involvement

In rural areas the Ministry of Transportation and Infrastructure is responsible for maintaining and upgrading public highways.  This includes highways created by rural subdivisions.  Therefore, the Ministry has a regulatory role in determining the highway component for all rural subdivisions.

There are, however, three instances where the Ministry of Transportation and Infrastructure must approve subdivision plans in municipal, Regional District or Islands Trust jurisdictions in order for them to be accepted by the Land Title & Survey Authority.  They are:

  • for subdivisions adjacent to a controlled access highway in municipal or rural areas, pursuant to Section 80 of the Land Title Act
  • to grant consent to the highway component of Regional District or Islands Trust approved subdivisions
  • to grant relief from access to water pursuant to Section 75[1][c] of the Land Title Act in all areas, rural or incorporated
  • In exercising this role the Ministry will establish highway construction standards, advise the PAO of the highway requirements for the subdivision, and inspect highway construction.  The statutory authority for this highway role is contained in the Transportation Act, Land Title Act, and Local Government Act.  This role is in recognition of the Ministry’s engineering expertise, responsibility for maintaining these highways and ensuring the safety of highway users.

    The Ministry’s subdivision highway standards are contained in the Subdivision Road Construction Specifications in the current edition of the TAC Guide Chapter 1400.

    Section 90 of the Transportation Act authorizes the Minister of Transportation and Infrastructure to establish highway standards.  A Regional District that establishes highway standards in a Subdivision Servicing Bylaw pursuant to Section 506 of the Local Government Act must refer this bylaw to the Ministry before adopting the standards.  Furthermore, the Ministry must approve such a bylaw before the Regional District that has assumed the rural subdivision approving authority adopts it.

This guide is a living document; it is subject to change without notice. Please check the Rural Subdivisions Website (http://www.th.gov.bc.ca/DA/Subdivision_Home.asp) to make sure your version is sufficiently current.