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

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51 and 52 [Repealed, 1998, c. 14, s. 96]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