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

Act current to 2020-11-02 and last amended on 2019-07-15. Previous Versions

PART IISurveys of Canada Lands (continued)

General (continued)

Marginal note:When surveys undertaken

 The Minister shall cause surveys to be made of Canada Lands on the request of a minister of any department of the Government of Canada or a Commissioner administering the Lands and may do so in any other case in which he deems it to be expedient.

  • R.S., 1985, c. L-6, s. 25
  • 1998, c. 14, s. 100(F)

Marginal note:Who may survey Canada Lands

  •  (1) Subject to subsection (2), no person other than a Canada Lands Surveyor shall survey Canada Lands.

  • Marginal note:Who may survey Canada Lands within the boundaries of a province

    (2) A Canada Lands Surveyor or any other surveyor authorized by the Surveyor General may survey Canada Lands that lie within the boundaries of a province but, where surveys of those Canada Lands affect or are likely to affect the rights of landowners of adjoining lands that are not Canada Lands the surveys shall be made by a surveyor of the province in which those surveys are made.

  • R.S., 1985, c. L-6, s. 26
  • 1998, c. 14, ss. 98 to 100(F)

Surveys

Marginal note:Minister may direct manner of survey

 The Minister may direct that Canada Lands be surveyed, laid out and defined in any manner, by any method of surveying and with any description that the Minister considers desirable in the circumstances affecting those lands.

  • R.S., 1985, c. L-6, s. 27
  • 1998, c. 14, s. 100(F)

Marginal note:Coordinated Survey Area

  •  (1) The Minister may establish a Coordinated Survey Area within any lands dealt with in this Act or alter any such Area by a notice published in the Canada Gazette.

  • Marginal note:Position of monuments

    (2) Within a Coordinated Survey Area, the position of all new monuments placed and all monuments that are relevant to the placement of new monuments shall be determined by surveyed connection to reference points specified for that purpose and shall be expressed in terms of the system of coordinates specified for the Area, in accordance with the instructions of the Surveyor General.

  • Marginal note:Idem

    (3) Within a Coordinated Survey Area, the position of all monuments placed prior to the establishment of the Area may be determined and shall be expressed in the manner described in subsection (2), in accordance with the instructions of the Surveyor General.

  • Marginal note:Where position of monument is lost

    (4) Where the position of a monument that has been determined in accordance with this section is lost, the coordinates of the monument are, in the absence of evidence to the contrary, proof of its position.

  • R.S., 1985, c. L-6, s. 28
  • 1998, c. 14, s. 98(F)

Plans

Marginal note:Plotting of plans

  •  (1) Plans of Canada Lands that are surveyed under this Part shall be plotted, under the direction of the Surveyor General, from the surveyor’s field notes and other documents relating to the survey.

  • Marginal note:Content of plans

    (2) The direction and length of boundaries and the nature and position of the boundary monuments of the parcels of land laid out shall be shown on the plans.

  • Marginal note:Confirmation

    (3) The Surveyor General shall indicate his confirmation on the plans, if he is satisfied that the survey has been carried out in conformity with this Act and that the survey and plans are satisfactory to the minister of the department of the Government of Canada or the Commissioner administering the Canada Lands in respect of which the survey was made.

  • Marginal note:Effect of confirmation

    (4) On confirmation by the Surveyor General, the plans shall be deemed to be official plans under this Act.

  • Marginal note:Confirmation of plans

    (5) No survey of Canada Lands under this Part shall be deemed to be completed until the plans thereof have been confirmed under this section.

  • Marginal note:New plans to correct clerical errors, etc.

    (6) Where the Surveyor General finds that a plan that has been confirmed under this section has been improperly or incorrectly plotted from the surveyor’s field notes and other documents relating to the survey or that there is an omission, clerical error or other defect in the plan, the Surveyor General may cause a new plan to be plotted from the surveyor’s field notes and other documents relating to the survey or a new plan to be made correcting the omission, clerical error or other defect.

  • Marginal note:Effect of new plan

    (7) The new plan referred to in subsection (6) shall, after confirmation thereof by the Surveyor General, be deemed to be the official plan under this Act of the lands thereby affected and shall be substituted for all, or corresponding portions of all, former official plans of the lands thereby affected.

  • R.S., 1985, c. L-6, s. 29
  • 1998, c. 14, ss. 98(F), 100(F)

Marginal note:Plans to be sent for filing

 The Minister shall cause a copy of an official plan under this Act to be sent to the registrar of deeds or of land titles of the county, district or other registration division in which the lands are situated for filing in the registry or land titles office of that county, district or other registration division.

  • R.S., c. L-5, s. 44

Marginal note:Administrative plans

 The Surveyor General may, for administrative purposes, make such plans of public lands as the Surveyor General deems expedient, but plans made under this section need not be confirmed under section 29 or sent to a registrar under section 30.

  • R.S., 1985, c. L-6, s. 31
  • 1998, c. 14, s. 98(F)

Boundaries

Marginal note:True boundary lines

  •  (1) All boundary lines of roads, streets, lanes, lots, parcels or other authorized subdivisions of Canada Lands that are defined by monuments in surveys made under this Part shall, after confirmation of the plans by the Surveyor General, be the true boundary lines of those roads, streets, lanes, lots, parcels or other authorized subdivisions, whether or not they are found to contain, on admeasurement, the exact area or dimensions described or expressed in a plan, letters patent, grant or other instrument affecting those Canada Lands.

  • Marginal note:Roads, etc., to be public highways

    (2) With respect to Canada Lands situated in Yukon, the Northwest Territories or Nunavut, all allowances laid out in surveys of roads, streets, lanes or commons in any city, town, village or settlement shall be public highways or commons.

  • R.S., 1985, c. L-6, s. 32
  • 1993, c. 28, s. 78
  • 1998, c. 14, ss. 98(F), 100(F)
  • 2002, c. 7, s. 102
  • 2014, c. 2, s. 17(F)

Resurveys

Marginal note:Resurveys

  •  (1) Canada Lands may be resurveyed under this Part

    • (a) for the purposes of correcting errors or supposed errors or re-establishing lost monuments; or

    • (b) at the request of the member of Her Majesty’s Privy Council for Canada or the Commissioner charged with administering the Canada Lands in respect of which the resurvey is to be made.

  • Marginal note:Plans of resurveyed lands

    (2) Plans of Canada Lands that are resurveyed shall be dealt with in accordance with this Part and shall, after confirmation thereof by the Surveyor General, be deemed to be the official plans under this Act of the lands thereby affected and shall be substituted for all, or corresponding portions of all, former official plans of the lands thereby affected.

  • R.S., 1985, c. L-6, s. 33
  • 1998, c. 14, ss. 98(F), 100(F)

PART IIISpecial Surveys of Territorial Lands

Scope and Administration

Marginal note:Definitions

 In this Part,

Minister

Minister means the Minister of Northern Affairs; (ministre)

territorial lands

territorial lands means any lands situated in Yukon, the Northwest Territories or Nunavut. (terres territoriales)

  • R.S., 1985, c. L-6, s. 34
  • 1993, c. 28, s. 78
  • 2002, c. 7, s. 103
  • 2019, c. 29, s. 374

Special Surveys

Marginal note:Scope and purposes of special surveys

 Special surveys of territorial lands may be made for any or all of the following purposes:

  • (a) the correction of errors or supposed errors in existing surveys or plans;

  • (b) the subdivision of land not previously subdivided or the showing of divisions of land not previously or correctly shown on an existing plan of subdivision;

  • (c) fixing the location or width of roads or highways;

  • (d) establishing any boundary lines the positions of which, due to incorrect placing or loss or obliteration of monuments defining the lines on the ground, have become doubtful or difficult of being ascertained; and

  • (e) any other purpose deemed necessary by the Minister or the Commissioner.

  • R.S., c. L-5, s. 49
  • 1976-77, c. 30, s. 28
 
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