Therefore be it resolved that UBCM petition the Province to include a similar provision in provincial legislation, to Section 484 of the Land Titles Act, Revised Statutes of Alberta 2000 Chapter L-4, that allows for a local government to directly petition the court to remove a restrictive covenant or other instrument that conflicts with a provision of a bylaw enacted under Part 14 Planning and Land Use Management of the Local Government Act RSBC 2015 Chapter 1.
Ministry of Forests, Lands, Natural Resource Operations and Rural Development The issue the resolution seeks to address may already have a solution, but the Ministry suggests further consultation with UBCM may be required to fully understand the aim of the resolution and whether existing legislation andor law already provides the desired outcome. Section 35 of B.C.s Property Law Act does provide a person interested in land the authority to apply to the court to modify or cancel various charges andor interests registered against the land including restrictive covenants. Further, it is already settled law in B.C. that a restrictive covenant can never override a land use bylaw.