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In This Volume

80 (1) If the minister considers it advisable, the minister may authorize the Surveyor General to establish a public road allowance through Crown land to give access to privately owned land being subdivided.

  • (2) The Surveyor General may sign the subdivision plan.

1979-214-75.

PRACTICE

Application for Public Road Allowance

Under s. 80, a subdivider, or a subdivider’s agent, may apply to the Minister of Forests, Lands, Natural Resource Operations and Rural Development for a public road allowance through Crown land for the purpose of access to privately owned land.

Electronic Submissions

Survey and Plan Rules 4-5(7) and Electronic Land Title and Plan Application Requirements s. 4.3(c) require that if a public road allowance is being established over Crown land as access to a subdivision, the following notation is added to the plan image:

LAND ACT, SECTION 80

THIS PLAN INCLUDES PUBLIC ROAD THROUGH CROWN LAND.

The director requires the following signature in an electronic plan application:

THE PUBLIC ROAD THROUGH CROWN LAND SHOWN ON PLAN EPP _________ IS AUTHORIZED UNDER THE LAND ACT, SECTION 80. ______________________________ (SIGNATURE) ______________________________ SURVEYOR GENERAL (FILL IN NAME) ________________________ (DATE)

The appropriate text for the signature of the Surveyor General is incorporated in the Schedule of Surveyor General approvals in the electronic Application to Deposit Plan at Land Title Office.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Requirements as to Subdivisions

See s. 75 of the Land Title Act.

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 1, para. 225.