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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 IIISpecial Surveys of Territorial Lands (continued)

Procedure of Special Surveys (continued)

Marginal note:Return of documents to Surveyor General

 All original plans, field notes or other documents relating to special surveys sent by the Surveyor General to the Minister or the Commissioner for his decision or used in evidence on appeal or otherwise leaving the custody of the Surveyor General shall be returned to his custody.

  • R.S., 1985, c. L-6, s. 46
  • 1998, c. 14, s. 98(F)

PART IVGeneral

General Power to Survey

Marginal note:General power to survey

  •  (1) Subject to this Act, the Minister may, if in his opinion a survey thereof under the management of the Surveyor General is required, cause a survey to be made of any lands belonging to Her Majesty in right of Canada or of which the Government of Canada has power to dispose, but where surveys of the lands affect or are likely to affect the rights of landowners of adjoining lands, the surveys shall be made by a surveyor who holds a valid and subsisting certificate, diploma, commission or other document entitling him to survey lands in the province in which the surveys are made.

  • Marginal note:Survey provisions

    (2) The provisions of this Act relating to surveys apply, with such modifications as the circumstances require, to surveys made under subsection (1).

  • R.S., 1985, c. L-6, s. 47
  • 1998, c. 14, s. 98(F)

Evidence

Marginal note:Certified copies as evidence

  •  (1) A copy certified by the Minister, the Surveyor General or any person authorized to do so by either of them as a true copy of any record, document, plan, book or paper belonging to or deposited with the Surveyor General with respect to a survey of lands made under this Act shall in all actions or other legal proceedings involving those lands be given the same effect as evidence as the original record, document, plan, book or paper would be given.

  • Marginal note:Lithographed maps, etc., as evidence

    (2) Lithographed or other copies of maps or plans purporting to be issued or published by the Department of Natural Resources and to bear a lithographed or copied signature of the Minister or the Surveyor General are, in all actions or other legal proceedings involving lands surveyed under this Act, evidence of the original map or plan and its contents.

  • R.S., 1985, c. L-6, s. 48
  • 1994, c. 41, s. 38
  • 1998, c. 14, s. 98(F)

Marginal note:Who may take affidavits, etc.

 Unless otherwise provided in this Act, any oath, affidavit, declaration or solemn affirmation required to be taken under this Act may be taken before any judicial officer, notary public, commissioner for taking affidavits or Canada Lands Surveyor or before any other person thereunto authorized by the Minister.

  • R.S., 1985, c. L-6, s. 49
  • 1998, c. 14, s. 99(F)

Marginal note:Minister may require sworn statements

 The Minister may require any statement made in respect of surveys under this Act to be verified by oath, affidavit, declaration or solemn affirmation.

  • R.S., c. L-5, s. 64

Offences and Punishment

 [Repealed, 1998, c. 14, s. 96]

Marginal note:Defacing monuments

  •  (1) Every person who, knowingly and wilfully, pulls down, alters, defaces or removes any monument erected, planted or placed by a surveyor in carrying out his duties under this Act or the Dominion Lands Surveys Act

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years, or

    • (b) is guilty of an offence punishable on summary conviction

    and, in addition, is liable to payment of all costs in connection with the restoration or re-establishment of the monument by a surveyor under instructions from the Surveyor General.

  • Marginal note:Defacing monuments inadvertently

    (2) Every person who inadvertently pulls down, alters, defaces or removes any monument erected, planted or placed by a surveyor in carrying out his duties under this Act or the Dominion Lands Surveys Act is liable to payment of all costs in connection with the restoration or re-establishment of the monument by a surveyor under instructions from the Surveyor General.

  • Marginal note:Unlawful possession of monuments

    (3) Every person who, knowingly and wilfully, has in his possession or custody any monument is guilty of an offence punishable on summary conviction.

  • Marginal note:Exception

    (4) This section does not apply to the alteration, removal, possession and custody of monuments by any surveyor authorized to carry out surveys under this Act or by other persons with the permission of such surveyor or who otherwise necessarily handle such monuments in connection with surveys under this Act.

  • R.S., 1985, c. L-6, s. 53
  • 1998, c. 14, s. 98(F)

 [Repealed, 1998, c. 14, s. 97]

 
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