Notices related to the creation of highways are at the back of the Index section under “Works Department.” While searching for information in the index of the BC Gazette, it is important to pay attention to possible changes in a particular ministry’s name over the years. [...] 35 This requirement applies to subdivisions that border: • a body of water, the bed of which is owned by the Crown; • the boundary of a strip of land established as the boundary of a water reservoir, where the strip of land and reservoir are owned by the Crown; • a strip of Crown land 20 metres or less in width contiguous to a natural boundary [visible high water mark] Proving Public Access to Wil. [...] As the BC Court of Appeal has noted: As the statute was apparently not intended to codify the common law but to provide another method of creating a highway, the legislators have taken two of the most obvious indicia of intention to dedicate and acceptance — travel and expenditure of public money — and stated that proof of these alone would establish a highway. [...] Similarly, in relation to section 4(1)(c), the Mines Development Act, dating back to 1916, gave the Minister the power to authorize the expenditure of public funds on roads and trails for the exploration of petroleum and mineral resources.53 But it was not until 1986 that Highway Act54 amendments stipulated that expenditure of public funds under the Ministry of Energy, Mines and Petroleum Resource. [...] In Highways, Parks and the Public Trust Doctrine, Andrew Gage cites duration of public use and the following factors as relevant in determining if a dedication should be implied: …the expenditure of public funds on the road; occasional gating or otherwise closing of the road, thereby restricting public access; the use of the road not by the public at large, but only by some subset of the public; t.
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