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In This Volume

  • 123 (1) A petition under this Part must be
  • (a) made by an owner referred to in section 122(1),
  • (b) addressed to and filed with the registrar,
  • (c) signed by the owner, and
  • (d) verified by affidavit of a signatory to the petition.
  • (2) The petition must include all of the following information:
  • (a) the date of deposit of the plan in the land title office, the plan’s number and a description of the land within the plan;
  • (b) the name of the regional district in which the land is located and, if the land is also located in a municipality, the name of the municipality;
  • (c) whether or not the land is in a local trust area and, if so, the name or identity of the local trust area;
  • (d) whether the petitioner seeks cancellation of the plan in whole or in part, and, if in part, a description of the public areas and parcels within the plan that are affected by the petition;
  • (e) the name, occupation and address of the petitioner and a description of the land owned by the petitioner;
  • (f) the name, occupation and address of all freehold owners of parcels within the plan and a description of the parcels owned by them;
  • (g) the name, occupation and address of all charge owners, a description of the charges and of the parcels charged;
  • (h) if the petitioner was the owner of all the parcels in the plan at the time it was deposited in the land title office, a statement to that effect together with a summary of the record verifying the statement;
  • (i) the facts on which the petitioner relies in support of the petition and a description of the order petitioned for.
  • (3) The petition must contain a notice that any person who wishes to make a submission at the hearing of the petition must file with the registrar, before the date set for the hearing, a notice of intention to appear.
  • (4) A print of the plan showing, to the satisfaction of the registrar, the land referred to in the petition must be annexed as a schedule to the petition.

1979-219-123; 1993-52-1.


Petition to Cancel Plan


Petition to Cancel Plan

On the Form 17 Charge, Notation or Filing, select Nature of Interest, Petition to Cancel Plan, and attach the original petition.

In order to delineate the property boundaries of the parcel that results from the cancellation of the plan, the registrar requires a s. 100(1)(a) reference plan that re-defines the parcel to accompany the petition. The authority for this requirement is found under s. 131(2)(a). Use the electronic “Application to Deposit Plan” and select “Reference or Explanatory” in Item 3. The “Number of new lots created” should be selected as 0, as the fees and the application number used to create the fee simple title will be derived from the subsequent Form 17—Fee Simple, Registrar’s Order to Cancel Plan Part 8 LTA. Include the Survey Plan Certification with s. 100(1)(a) plan attached.

Subsequent documents related to the service and hearing pursuant to ss. 125 and 126 of the Act are attached to an electronic Declaration and submitted with any additional fees required.


See s. 125(1) of the Act regarding the issuance of a notice of hearing by the registrar.

See s. 127 of the Act regarding the requirements for and consequences of filing a notice of intention to appear.