Ministry of Transportation
Who are they?
Provincial government agency
The Ministry of Transportation plans transportation networks, provides transportation services and infrastructure, develops and implements transportation policies, and administers many transportation-related acts and regulations. (from Purpose of the Ministry in its 2008/09-2010/11 Service Plan)
Why are they involved in planning?
Regulator (approving officer) for rural subdivisions
The Land Title Act requires every subdivision to be approved by an Approving Officer appointed under the Act. For rural subdivisions, the Approving Officer is situated in the Ministry of Transportation.
What do they consider?
Roads, land suitability, impacts on other values
Sections 75, 86 & 87 of the Land Title Act lists matters to be considered before approving a subdivision, including:
- Land Title Act subdivision requirements such as access to bodies of water
- effect on established amenities of adjoining properties
- sufficiency of highways in or near the plan
- risk of flooding, erosion, land slip or avalanche
- effect on natural environment
- effect on farming
- regional district subdivision and zoning bylaws.
Where do they have jurisdiction?
Private land outside of municipal boundaries.
Regional Districts can be appointed to approve rural subdivisions but none have assumed that authority. (See MoT webpage Roles and Authorities)
When are they involved?
Responds to subdivision applications
The Ministry of Transportation considers approval of rural subdivisions whenever a private landowner applies to create several lots from one or more existing lots, consolidate lots, adjust property lines or create strata lots. The ministry does not have a proactive role in subdivision planning. The regional district’s official community plan and zoning bylaws play that role.
The Ministry of Transportation does have a planning role related to transportation networks.
How are decisions made?
Internal government referrals
District offices have a District Development Technician who reviews applications, sends referrals to other agencies and prepares recommendations for the approving officer.
Public values are considered via referrals to other planning agencies. There are no opportunities for public engagement if a subdivision proposal is consistent with current zoning bylaws. If the proponent has to apply for a zoning change, the regional district would normally ask for a single public meeting prior to considering the zoning amendment.
In the Bulkley Valley, rural subdivision proposals are handled by
Ministry of Transportation
3793 Alfred Ave.
Smithers V0J 2N0
The Ministry of Transporation website Rural Subdivision Approvals describes the approval process for subdividing land in unincorporated areas. The site provides many resources and links to the applicable legislation.
Ministry of Transportation does not release information about current proposals for rural subdivisions. The information is deemed to be private commercial information.
In the absence of a public review component to the approval process, the Ministry of Transportation has to rely on pre-existing information about public interests and environmental values as supplied from referral agencies or other credible sources.