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[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.