Canada Lands Surveys Act

An Act respecting the surveys of public lands of Canada Short title This Act may be cited as the Canada Lands Surveys Act. Definitions In this Act, Board[Repealed, 1998, c. 14, s. 91] Canada Lands Surveyor means a Canada Lands Surveyor within the meaning of section 2 of the Canada Lands Surveyors Act; (arpenteur des terres du Canada) candidate[Repealed, 1998, c. 14, s. 91] commission[Repealed, 1998, c. 14, s. 91] Commissioner means in respect of lands under his or her administration and control under the Yukon Act, the Commissioner of Yukon, and in respect of lands under his or her administration and control under the Northwest Territories Act, the Commissioner of the Northwest Territories, and in respect of the lands referred to in subsection 49(1) of the Nunavut Act, the Commissioner of Nunavut; (commissaire) examination[Repealed, 1998, c. 14, s. 91] Minister means, except in Part III, the Minister of Natural Resources; (ministre) monument means a post, stake, peg, mound, pit, trench or any other object, thing or device used under this Act or under the Dominion Lands Surveys Act, chapter 117 of the Revised Statutes of Canada, 1927, to mark a boundary of surveyed lands; (borne-signal) prescribed[Repealed, 1998, c. 14, s. 91] Secretary[Repealed, 1998, c. 14, s. 91] survey includes a resurvey and a special survey; (arpentage) surveyor means a Canada Lands Surveyor or a person who is entitled to survey lands in a province under the laws of the province; (arpenteur) Surveyor General means a person who is a Canada Lands Surveyor and is appointed as Surveyor General in the manner authorized by law or a person authorized by the Minister to carry out the duties of the Surveyor General. (arpenteur général) [Repealed, 1998, c. 14, s. 91] Minister to have control The Minister has the administration, direction and control of surveys under this Act. Duties of Surveyor General The Surveyor General, subject to the direction of the Minister, has the management of surveys under this Act and the custody of all the original plans, journals, field notes and other papers connected with those surveys. Substitute for Surveyor General The Minister may authorize an employee of the Department of Natural Resources who is a surveyor to carry out all or any of the duties of the Surveyor General. Governor in Council may make regulations The Governor in Council may make such orders and regulations as he deems necessary to carry out this Act or to meet any cases with reference to surveys under the management of the Surveyor General for which no provision is made in this Act. Tariff of fees The Minister may establish a tariff of fees to be charged by the Department of Natural Resources for copies of maps, plans, field notes, or any other type of record or document arising from or respecting surveys under this Act and those fees shall form part of the Consolidated Revenue Fund. [Repealed, 1998, c. 14, s. 93] Verification of surveys The Surveyor General shall require every surveyor to verify and affirm by oath or otherwise to the satisfaction of the Surveyor General on each return of his surveys under this Act that the surveyor has faithfully and correctly executed such surveys in accordance with this Act and with any instructions issued to the surveyor by the Surveyor General. Proceedings on false surveys Where a court of competent jurisdiction finds that a survey or any part thereof has not been executed as verified under subsection (1), the Attorney General of Canada may, on application of the Surveyor General, institute proceedings to recover costs from the surveyor who verified the returns. Field notes Every surveyor shall keep exact and regular field notes of all his surveys under this Act and shall file them with the Surveyor General in the order of time in which the surveys have been performed. [Repealed, 1998, c. 14, s. 94] Surveys made by Canada Lands Surveyor under other Act The provisions of sections 17, 18 and 23 apply, with any modifications that the circumstances require, to surveys under any other Act of Parliament, or any regulation made under such an Act, or any law of the Legislature of Yukon, of the Northwest Territories or for Nunavut if the Act, regulation or law requires the surveys to be made by a Canada Lands Surveyor. Canadian measure of length The measure of length for surveys under this Act is the Canadian measure of length defined by the Weights and Measures Act. Means of measurement In any survey under this Act, a surveyor shall use a measuring device that is of a type approved by the Surveyor General and that is calibrated, checked and verified in accordance with the instructions of the Surveyor General; or other means of measurement of length, position or direction authorized by the Surveyor General under the circumstances that the Surveyor General may prescribe. Definition of Canada Lands In this Part, Canada Lands means any lands belonging to Her Majesty in right of Canada or of which the Government of Canada has power to dispose that are situated in Yukon, the Northwest Territories or Nunavut and any lands that are surrendered lands or a reserve, as those expressions are defined in the Indian Act, other than reserve lands described in regulations made under section 4.1 of the First Nations Commercial and Industrial Development Act, Category IA-N land, as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act, Category IA land, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act, shíshálh lands, as defined in subsection 2(1) of the shíshálh Nation Self-Government Act, settlement land, as defined in the Yukon First Nations Self-Government Act, and lands in which an interest is transferred or recognized under section 21 of that Act, lands in the Kanesatake Mohawk interim land base, as defined in the Kanesatake Interim Land Base Governance Act, other than the lands known as Doncaster Reserve No. 17, or Tlicho lands, as defined in section 2 of the Mackenzie Valley Resource Management Act; and any lands belonging to Her Majesty in right of Canada or of which the Government of Canada has power to dispose that are situated in any National Park of Canada or in the Rouge National Urban Park established by the Rouge National Urban Park Act; and any lands under water belonging to Her Majesty in right of Canada or in respect of any rights in which the Government of Canada has power to dispose. Surveys of Canada Lands Surveys of Canada Lands shall be made in accordance with the instructions of the Surveyor General. 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. Who may survey Canada Lands Subject to subsection (2), no person other than a Canada Lands Surveyor shall survey Canada Lands. Who may survey Canada Lands within the boundaries of a province 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. 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. Coordinated Survey Area 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. Position of monuments 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. Idem 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. Where position of monument is lost 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. Plotting of plans 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. Content of plans 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. Confirmation 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. Effect of confirmation On confirmation by the Surveyor General, the plans shall be deemed to be official plans under this Act. Confirmation of plans No survey of Canada Lands under this Part shall be deemed to be completed until the plans thereof have been confirmed under this section. New plans to correct clerical errors, etc. 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. Effect of new plan 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. 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. 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. True boundary lines 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. Roads, etc., to be public highways 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. Resurveys Canada Lands may be resurveyed under this Part for the purposes of correcting errors or supposed errors or re-establishing lost monuments; or 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. Plans of resurveyed lands 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. In this Part, Minister means the Minister of Northern Affairs; (ministre) territorial lands means any lands situated in Yukon, the Northwest Territories or Nunavut. (terres territoriales) Scope and purposes of special surveys Special surveys of territorial lands may be made for any or all of the following purposes: the correction of errors or supposed errors in existing surveys or plans; 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; fixing the location or width of roads or highways; 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 any other purpose deemed necessary by the Minister or the Commissioner. When undertaken 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. Surveyor General to manage The Surveyor General, subject to the direction of the Minister of Natural Resources, has the management of special surveys. Canada Lands Surveyor No person, other than a Canada Lands Surveyor, shall make a special survey. How survey is made 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. 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. Plan sent to Minister or Commissioner 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. Appointment of Hearing Officer 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. Place of inquiry A Hearing Officer shall hold hearings in or as near as practicable to the locality in which the special survey has been made. Publication of notice 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 description of the scope and purposes of the special survey and the lands affected thereby; 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; the name of the Hearing Officer appointed by him and the time and place at which the Hearing Officer will hear complaints; and 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. Where no complaints Where no complaints are received pursuant to paragraph 38(3)(d), the Minister or the Commissioner shall return the plan to the Surveyor General to be confirmed by him. Hearing of complaints Where complaints are received pursuant to paragraph 38(3)(d), the Hearing Officer shall hear them at the time and place set forth in the notice published pursuant to subsection 38(3), but may adjourn the hearing on giving due notice to the complainants. Nature of hearing A Hearing Officer shall hear only those complaints of which written notice has been given to the Minister or the Commissioner but may, for this purpose, receive any evidence he thinks proper, call any witnesses and exercise any of the powers of a commissioner under the Inquiries Act. Report A Hearing Officer shall, on completion of the hearing, report his findings and recommendations to the Minister or the Commissioner. Minister’s or Commissioner’s decision 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. Notice of decision The Minister or the Commissioner shall prepare a notice of decision setting forth that he has received the Hearing Officer’s report; 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); that any person to whom the notice of decision is mailed has a right of appeal from the decision to the Supreme Court of Yukon, 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 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). To whom notice of decision sent 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: persons whose complaints have been heard by the Hearing Officer pursuant to section 40; and 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). Who may appeal 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 Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, as the case may be. Where complaints withdrawn, etc. Where all persons who have a right of appeal under section 41 have submitted written withdrawals of their complaints or have notified the Minister or the Commissioner in writing that they do not intend to appeal, the Minister or the Commissioner shall return the plan to the Surveyor General who shall confirm, amend, alter or vary the plan as directed by the Minister or the Commissioner. Where no appeal taken Where there is no appeal from the decision of the Minister or the Commissioner within the time limited therefor, the Minister or the Commissioner shall return the plan to the Surveyor General who shall confirm, amend, alter or vary the plan as directed by the Minister or the Commissioner. Powers of court on appeal and effect of judgment Where an appeal is taken from the decision of the Minister or the Commissioner, the court hearing the appeal may confirm, amend, alter or vary the decision of the Minister or the Commissioner and the Surveyor General shall accordingly confirm, amend, alter or vary the plan. Registration of plans The Minister of Natural Resources shall send to the registrar of land titles of the registration district in which the lands affected thereby are situated, for filing in the appropriate land titles office, a copy of the plan confirmed by the Surveyor General under section 39 together with the accompanying declaration referred to in paragraph 38(3)(b), the plan confirmed by the Surveyor General under section 42 together with the accompanying notice of decision referred to in subsection 41(2), the plan confirmed by the Surveyor General under section 43 together with the accompanying notice of decision referred to in subsection 41(2), or the plan as confirmed, amended, altered or varied by the Surveyor General pursuant to the judgment on appeal under section 44 together with the accompanying certified copy of the judgment, as the case may require. Effect of registration On filing in the appropriate land titles office, the plan and accompanying documents referred to in subsection (1) shall be deemed to be substituted for all, or corresponding portions of all, former surveys or plans of the lands thereby affected that have been theretofore registered and shall govern all boundaries of the lands thereby affected. 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. General power to survey 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. Survey provisions The provisions of this Act relating to surveys apply, with such modifications as the circumstances require, to surveys made under subsection (1). Certified copies as evidence 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. Lithographed maps, etc., as evidence 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. 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. 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. [Repealed, 1998, c. 14, s. 96] Defacing monuments 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 is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years, or 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. Defacing monuments inadvertently 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. Unlawful possession of monuments Every person who, knowingly and wilfully, has in his possession or custody any monument is guilty of an offence punishable on summary conviction. Exception 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. [Repealed, 1998, c. 14, s. 97]