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

Marginal note:Hearing of complaints

• 40 (1) 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.

• Marginal note:Nature of hearing

  (2) 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.

• Marginal note:Report

  (3) A Hearing Officer shall, on completion of the hearing, report his findings and recommendations to the Minister or the Commissioner.

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 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

  • (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 Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, as the case may be.

Marginal note:Where complaints withdrawn, etc.

42 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.

Marginal note:Where no appeal taken

43 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.

Marginal note:Powers of court on appeal and effect of judgment

44 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.

Marginal note:Registration of plans

• 45 (1) 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

  • (a) the plan confirmed by the Surveyor General under section 39 together with the accompanying declaration referred to in paragraph 38(3)(b),

  • (b) the plan confirmed by the Surveyor General under section 42 together with the accompanying notice of decision referred to in subsection 41(2),

  • (c) the plan confirmed by the Surveyor General under section 43 together with the accompanying notice of decision referred to in subsection 41(2), or

  • (d) 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.

• Marginal note:Effect of registration

  (2) 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.

Marginal note:Return of documents to Surveyor General

46 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.

PART IVGeneral

General Power to Survey

Marginal note:General power to survey

• 47 (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).

Evidence

Marginal note:Certified copies as evidence

• 48 (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.

Marginal note:Who may take affidavits, etc.

49 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.

Marginal note:Minister may require sworn statements

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

Offences and Punishment

51 and 52 [Repealed, 1998, c. 14, s. 96]

Marginal note:Defacing monuments

• 53 (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.

54 [Repealed, 1998, c. 14, s. 97]