Canada Lands Surveys Act (R.S.C., 1985, c. L-6)

Marginal note:When undertaken

• 36. (1) The Minister of Natural Resources shall cause a special survey of territorial lands to be made when requested to do so by the Minister or the Commissioner.

• Marginal note:Surveyor General to manage

  (2) The Surveyor General, subject to the direction of the Minister of Natural Resources, has the management of special surveys.

• Marginal note:Canada Lands Surveyor

  (3) No person, other than a Canada Lands Surveyor, shall make a special survey.

• Marginal note:How survey is made

  (4) A special survey shall be made by a Canada Lands Surveyor in accordance with the instructions given to him by the Surveyor General and all sections of this Act with respect to the powers, duties and obligations of Canada Lands Surveyors and to the making of surveys apply, with such modifications as the circumstances require, to special surveys.

Marginal note:Plotting of plans

• 37. (1) On completion of a special survey referred to in subsection 36(1), the surveyor shall send all field notes and other documents relating to the survey to the Surveyor General who shall direct the plotting of the plan of the territorial lands so surveyed.

• Marginal note:Plan sent to Minister or Commissioner

  (2) On the completion of the plotting of the plan referred to in subsection (1), the Surveyor General shall sign the plan and forward it, together with such supporting documents as the Surveyor General thinks necessary, to the Minister or the Commissioner.

Marginal note:Appointment of Hearing Officer

• 38. (1) On receiving the plan forwarded by the Surveyor General pursuant to subsection 37(2), the Minister or the Commissioner shall appoint a Hearing Officer to inquire into and report on any complaints that may be made against the special survey or plan.

• Marginal note:Place of inquiry

  (2) A Hearing Officer shall hold hearings in or as near as practicable to the locality in which the special survey has been made.

• Marginal note:Publication of notice

  (3) The Minister or the Commissioner shall cause to be published in the Canada Gazette and in a newspaper, if any, in the locality in which the special survey has been made a notice setting forth

  • (a) a description of the scope and purposes of the special survey and the lands affected thereby;

  • (b) his declaration that the special survey and plan are the true and correct survey and plan of the lands thereby affected, that all boundaries and lines fixed by the survey and plan are the true boundaries and lines, whether of roads, streets, lanes, rivers or creeks or as between adjoining owners or between adjoining lots and whether or not the boundaries and lines were in fact before the declaration the true boundaries and lines, and that the special survey and plan shall be substituted for all, or corresponding portions of all, former surveys or plans of the lands affected that have been theretofore registered;

  • (c) the name of the Hearing Officer appointed by him and the time and place at which the Hearing Officer will hear complaints; and

  • (d) that each person who has an interest in land affected by the special survey and plan and who desires to complain against the survey or the plan shall deliver, at least thirty days before the date set for the Hearing Officer’s hearing, to the Minister or the Commissioner a written statement setting forth the nature and grounds of his complaint.