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Chapter B1-1 ver. 1

Interdepartmental Agreement re Description of Canada Lands, 1955 (Excluding Indian Lands)

Table of Contents

Effective Date

This agreement came in force February, 1955. It was previously published in Chapter B1 of the Third Edition of the Manual of Instructions for the Survey of Canada Lands.

Chapter Sections

Rules Respecting Surveys, Plans and Description of Lands when dealing with specific classes of transactions of public lands

An Agreement between
The Surveyor General of Canada Lands,
Department of Mines and Technical Surveys
and
The Department of Northern Affairs and National Resources, and
The Department of Citizenship and Immigration

Rules Respecting Surveys, Plans and Description of Lands when dealing with specific classes of transactions of public lands

  1. For the purposes of grant by Her Majesty in right of Canada of title (in fee simple), of a lease of more than ten years duration or of transfer of administration, management and control from one department of the Government of Canada to another, or to a provincial government, the description of the lands involved shall be based upon an official plan or plans, as provided by the Canada Lands Surveys Act, (Section 43,( 4))Footnote 2 and each parcel of land so disposed of, other than a legal subdivision, shall have been sufficiently defined by monuments as to permit identification on the ground; provided that in cases of transfer of administration, management and control of lands from one Department of the Government of Canada to another, boundary monuments will not be necessary when the Departments concerned agree thereon. Footnote 3
  2. Notwithstanding Section 1 heretofore, but for the same purposes as provided therein, any parcel or lot of land shown upon an official plan (except a legal subdivision) may be divided into not more than two portions (exclusive of roads and lanes) by mean of a metes and bounds or equivalent description, or by reference to an explanatory plan approved by and held in the custody of the Surveyor General.
  3. Section 1 hereof notwithstanding, and for the same purposes provided therein, any parcel of land created by reason of having been surrounded on all or all but one of its rectilinear sides by parcels shown on prior official plans, may be described by reference to an explanatory plan approved by and held in the custody of the Surveyor General or, at the discretion of the Surveyor General, by metes and bounds, or the equivalent.
  4. For purposes of grant of a lease of duration not more than ten years or for grant of a license of occupation or easement for a power, telegraph, telephone or oil pipe line, ditch, roadway or like purposes where exclusive right of occupation of the land involved is not granted, a parcel or parcels of land may be described by reference to an explanatory plan approved by and held in the custody of the Surveyor General; or at the discretion of the Surveyor General, by metes and bounds, or the equivalent, provided that in certain cases where boundary monuments are considered essential, an official plan and survey shall be required.
  5. For the foregoing purposes, an explanatory plan shall be prepared and certified correct by a surveyor authorized under the Canada Lands Surveys Act, or otherwise prepared at the direction of the Surveyor General. It shall fully define and show the limits of the lands involved in all respects and for all purposes and shall be prepared from information obtained by survey methods or from official plans, approved explanatory plans, or official records. It shall not show any boundary monuments as having been placed or restored on the ground and shall not be used for the purpose intended until approved for the specific purpose by the Surveyor General.
  6. The rules herein shall not apply when the granting of exploratory or development rights in connection with petroleum, mineral or other like natural resources or when the granting of Certificates of Occupation or Possession of Indian lands are involved, nor shall it affect in any way the powers vested in the Minister under Sections 34 & 42 of the Canada Lands Surveys Act. Footnote 4