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In This Volume

  • 85 (1) A subdivision plan must be approved or rejected by the approving officer within 2 months after the date it is tendered for examination and approval or within another period that may be set by the Lieutenant Governor in Council.
  • (2) If, under subsection (1), the approving officer rejects the subdivision plan, the approving officer must forthwith notify in writing the applicant, or the solicitor or agent of the applicant, of the rejection, stating briefly the reason and the approving officer’s requirements, if any.
  • (3) In considering an application for subdivision approval in respect of land, the approving officer may refuse to approve the subdivision plan if the approving officer considers that the deposit of the plan is against the public interest.

1979-219-85.

REGULATIONS

Time Limit for Approval

Section 27 of the Land Title Act Regulation provides that a subdivision plan must be approved within two months unless the land involved is in areas enumerated in the regulation, or the approving officer imposes a condition of consent. In these instances, the two-month period is extended to three months.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See ss. 85.1, 86, and 87 regarding some of the matters that the approving officer may consider in approving or rejecting a subdivision plan.

If the approving officer either rejects the plan or fails to approve it within the time limit set by s. 85, the subdivider may appeal, within one month of receipt of the rejection or the expiration of the time limit, to the Supreme Court in accordance with s. 89 of the Act.

CASE LAW

See the case annotations under ss. 86 and 89 of the Act.