Canada Lands Surveys Act

Marginal note:Minister’s or Commissioner’s decision

• 41 (1) The Minister or the Commissioner shall, after receiving a Hearing Officer’s report, decide whether the plan and whether any of the matters set forth in the declaration referred to in paragraph 38(3)(b) should be approved or amended, varied or altered as a result of the complaints.

• Marginal note:Notice of decision

  (2) The Minister or the Commissioner shall prepare a notice of decision setting forth

  • (a) that he has received the Hearing Officer’s report;

  • (b) his decision as to the disposition of the complaints and the resulting changes, if any, in the plan and in any of the matters set forth in the declaration referred to in paragraph 38(3)(b);

  • (c) that any person to whom the notice of decision is mailed has a right of appeal from the decision to the Supreme Court of the Yukon Territory, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, as the case may be, within sixty days after the date of the notice; and

  • (d) that any person who appeals from the decision is required to serve the Minister or the Commissioner with a notice of appeal within the time referred to in paragraph (c).

• Marginal note:To whom notice of decision sent

  (3) The Minister or the Commissioner shall cause a copy of the notice of decision to be mailed by registered mail to each of the following persons at his latest known address:

  • (a) persons whose complaints have been heard by the Hearing Officer pursuant to section 40; and

  • (b) persons whose interests in land affected by the special survey and plan are, in the opinion of the Minister or the Commissioner, affected by his decision under this section to an extent that differs in any way from the extent to which they were affected by the declaration referred to in paragraph 38(3)(b).

• Marginal note:Who may appeal

  (4) Any person to whom a notice of decision is mailed under this section may, within sixty days after the date of the notice of decision and if within that time the person serves the Minister or the Commissioner with a notice of appeal, appeal from the decision of the Minister or the Commissioner to the Supreme Court of the Yukon Territory, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, as the case may be.