Surveys Act

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Sections146

• 1Definitions

  1 In this Act, “ascertainable point” means a point found or re-established in its original position on a line or boundary established during the original survey or on a line or boundary established during the survey of a plan of subdivision registered under the Land Titles Act or the Registry Act; (“point vérifiable”) “broken concession” means a concession any boundary of which is broken in whole or in part by a lake or river; (“concession interrompue”) “broken lot” means an irregular lot or a regular lot whose area is diminished or increased by a natural or artificial feature shown on the original plan; (“lot interrompu”) “competent authority” means any governmental authority in existence before or after the creation of the Province of Ontario under whose instructions Crown land in Ontario has been or may be surveyed, or the owner of a tract of land that was not included in a township a…

• 1.
• [s1]

  PART I GENERAL

• PART I GENERAL
• 2Validity of surveys

  2 No survey of land for the purpose of defining, locating or describing any line, boundary or corner of a parcel of land is valid unless made by a surveyor or under the personal supervision of a surveyor. R.S.O. 1990, c. S.30, s. 2.

• 2.
• 3Lines, etc., remain valid

  3 All lines, boundaries and corners established under the authority of any Act heretofore or hereafter in force remain valid and all other things done under any such authority and in conformity therewith remain valid despite the repeal of such authority. R.S.O. 1990, c. S.30, s. 3.

• 3.
• 4Definitions

  4 (1) In this section, “certificate of authorization” means a certificate of authorization issued under the Surveyors Act; (“certificat d’autorisation”) “Registrar” means the Registrar of the Association of Ontario Land Surveyors appointed under the Surveyors Act; (“registrateur”) “survey records” means paper or electronic data prepared or captured in the course of performing a field survey, including field notes, sketches made in the field, copies of observations and measurements collected in the field, statements or oaths collected, the reasons for decisions that are related to the survey, and the resulting plan. (“dossiers d’arpentage”) 2020, c. 34, Sched. 27, s. 2. Duty to keep survey records (2) Every surveyor shall make and preserve exact and regular survey records and shall index all such survey records and shall exhibit or give copies of the same to any surveyor for a reasonable …

• 4.
• 5Oath

  5 A surveyor may at any time require any person in the surveyor’s employ to take an oath in writing to act justly and exactly according to the best of his or her judgment and ability and to render a true account of his or her work to the surveyor, which oath the surveyor is hereby authorized to administer. R.S.O. 1990, c. S.30, s. 5.

• 5.
• 6Right to enter land, buildings

  6 (1) A surveyor or a person in the surveyor’s employ while making a survey may, (a) at any time enter and pass over the land of any person; or (b) at any time suitable to the occupant of a building enter the building, and do any act thereon or therein for any purpose of the survey, but the surveyor is liable for any damage occasioned thereby. Offence for obstructing (2) Every person who interferes with or obstructs a surveyor or a person in the surveyor’s employ in the exercise of any of the powers conferred by subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $100. R.S.O. 1990, c. S.30, s. 6.

• 6.
• 7Examination re boundaries, etc.

  7 (1) Where a surveyor has reasonable grounds for believing that a person has information concerning a line, boundary, corner or post that may assist the surveyor in ascertaining its true position, or has a writing, plan or document concerning the true position of a line, boundary, corner or post, the surveyor may examine such person under oath or require such person to produce such writing, plan or document for the surveyor’s inspection. 2009, c. 33, Sched. 6, s. 89. Application of Public Inquiries Act, 2009 (1.1) Section 33 of the Public Inquiries Act, 2009 applies to an examination under subsection (1). 2009, c. 33, Sched. 6, s. 89. Statement under oath (2) The surveyor may cause evidence taken by the surveyor under this section to be put in writing in the form of a statement under oath. R.S.O. 1990, c. S.30, s. 7 (2). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. …

• 7.
• 8True and unalterable base lines and meridian lines

  8 Every base line and meridian line surveyed under the instructions of the Minister before the 28th day of March, 1956, that are shown on the original plan thereof shall be deemed to have been made by competent authority and are true and unalterable and shall be deemed to be defined by the original posts or blazed trees in the survey thereof. R.S.O. 1990, c. S.30, s. 8.

• 8.
• 9True and unalterable lines, etc.

  9 Despite section 58, every line, boundary and corner established by an original survey and shown on the original plan thereof is a true and unalterable line, boundary or corner, as the case may be, and shall be deemed to be defined by the original posts or blazed trees in the original survey thereof, whether or not the actual measurements between the original posts are the same as shown on the original plan and field notes or mentioned or expressed in any grant or other instrument, and every road allowance, highway, street, lane, walk and common shown on the original plan shall, unless otherwise shown thereon, be deemed to be a public road, highway, street, lane, walk and common, respectively. R.S.O. 1990, c. S.30, s. 9.

• 9.
• 10Methods governing plans, other than township subdivision plans

  10 A surveyor in establishing or re-establishing a line, boundary or corner surveyed under competent authority and shown on the original plan thereof, other than a township subdivision plan, is governed by sections 54 and 55. R.S.O. 1990, c. S.30, s. 10.

• 10.
• 11Where land covered by water not included

  11 (1) Where a lake or river is shown on an original plan of Crown lands and a parcel of land shown thereon is given an acreage covering the land area only, such parcel of land does not include any land covered by the water of the lake or river. Certain rights not affected (2) Subsection (1) does not affect the rights of any person where such rights were determined by a court before the 8th day of July, 1913. R.S.O. 1990, c. S.30, s. 11.

• 11.
• 12Lands in township concessions included in same grant

  12 Where the Crown has conveyed a parcel of land composed of two or more township lots or parts of lots in concessions adjoining each other by an instrument that contains a metes and bounds description of the parcel prepared from an original plan, the side lines or limits of such lots or parts of lots surveyed in accordance with this Act or any predecessor of this Act constitute the side lines or limits of the parcel. R.S.O. 1990, c. S.30, s. 12.

• 12.
• [s13]

  PART II FRONT AND REAR TOWNSHIPS

• PART II FRONT AND REAR TOWNSHIPS
• 13Front and rear township, lost corners, etc.

  13 (1) In this Part, “front and rear township” means a township where the usual practice in the original survey was to survey the township boundaries, the base lines, if any, and the side lines of the lots and to establish the corners of the lots. Re-establishment of lost corners, etc. (2) A surveyor in re-establishing a lost corner, an obliterated boundary or an obliterated side line of a lot in a front and rear township shall obtain the best evidence available respecting the corner, boundary or side line, but if the corner, boundary or side line cannot be re-established in its original position from such evidence, the surveyor shall proceed as follows: 1. If the lost corner is a corner of the township, the surveyor shall report the circumstances to the Minister, who shall instruct the surveyor how to proceed. 2. If a part of the township boundary or a base line is obliterated, the surv…

• 13.
• 14Unsurveyed boundaries

  14 A boundary of a lot shown on the original plan of a front and rear township that was not surveyed in the original survey is the straight line between the two corners of such lot. R.S.O. 1990, c. S.30, s. 14.

• 14.
• 15Fronts of concessions

  15 The front of a concession in a front and rear township is the boundary of the concession that is nearest the boundary of the township from which the concessions therein are numbered or lettered, but in the case of a township in which the concessions are not numbered or lettered, the front of a concession is the boundary of the concession that is nearest the boundary of the township or the base line along which the width of the first lot was measured. R.S.O. 1990, c. S.30, s. 15.

• 15.
• 16Aliquot parts of lots

  16 (1) The aliquot part of a lot in a front and rear township is the aliquot part of the area of the lot, whether the area of the aliquot part as so determined is more or less than that expressed in any grant or other instrument. Boundaries of aliquot parts (2) The boundaries of an aliquot part of a lot in a front and rear township, of which lot no aliquot part was surveyed before the 1st day of January, 1959, shall be surveyed on the astronomic course intended in the original survey for the side lines of such lot or on the astronomic course intended for the base line of the township, as the case may be. R.S.O. 1990, c. S.30, s. 16.

• 16.
• [s18]

  PART III SINGLE FRONT TOWNSHIPS

• PART III SINGLE FRONT TOWNSHIPS
• 17Single front township, lost corners, etc.

  17 (1) In this Part, “single front township” means a township where the usual practice in the original survey was to survey the township boundaries, the proof lines and the base lines, if any, and the concession lines for the fronts of the concessions and to establish the lot corners on the front of each concession. Re-establishment of lost corners, etc. (2) A surveyor in re-establishing a lost corner or obliterated boundary in a single front township shall obtain the best evidence available respecting the corner or boundary, but if the corner or boundary cannot be re-established in its original position from such evidence, the surveyor shall proceed as follows: 1. If the lost corner is a corner of the township, the surveyor shall report the circumstances to the Minister who shall instruct the surveyor how to proceed. 2. If the lost corner is a corner of a lot on a township boundary or o…

• 17.
• 18Fronts of concessions

  18 The front of a concession in a single front township is the boundary of the concession that is nearest the boundary of the township from which the concessions therein are numbered or lettered. R.S.O. 1990, c. S.30, s. 18.

• 18.
• 19Concession line not surveyed or obliterated

  19 Where in a single front township the whole of the front boundary of a concession was not surveyed in the original survey or is obliterated, a surveyor in establishing or re-establishing such front boundary in whole or in part shall establish or re-establish such boundary to give the lots in each of the adjacent concessions a depth proportionate to that intended in the original survey. R.S.O. 1990, c. S.30, s. 19.

• 19.
• 20Concession not surveyed in original township, side lines established

  20 Where the front of a concession in a single front township was not surveyed in the original survey, the side lines of the lots in such concession shall be surveyed from the corners of the lots on the front of the concession to the rear thereof to the depth of the concession, that is, to the proportionate depth intended in the original survey as shown on the original plan and field notes having due regard for any road allowance made in the original survey, and the straight line joining the ends of the lot lines so surveyed is the boundary of such concession. R.S.O. 1990, c. S.30, s. 20.

• 20.
• 21Establishment of side lines

  21 A surveyor in establishing in a concession in a single front township a side line of a lot that was not surveyed in the original survey shall proceed as follows: 1. If intended in the original survey, the surveyor shall establish the side line on the same astronomic course as the boundary line of the concession at the end from which the lots are numbered, or, if such boundary line was not surveyed in the original survey because it was wholly broken by a lake or river and if intended in the original survey, the surveyor shall establish the side line on the same astronomic course as the boundary line at the other end of the concession, but where a proof line was surveyed in the original survey, the surveyor shall establish the side line on the side of the proof line that is farthest from the end of the concession that is intended to govern the course of the side line on the same astrono…

• 21.
• 22Aliquot parts described

  22 (1) The aliquot part of a lot in a single front township is the aliquot part of the area of the lot whether the area of the aliquot part as so determined is more or less than that expressed in any grant or other instrument. Boundaries (2) The boundaries of an aliquot part of a lot in a single front township of which lot no aliquot part was surveyed before the 1st day of July, 1944, shall be surveyed on the astronomic course of a side line not surveyed in the original survey or parallel to the straight line joining the front corners of the lot, as the case may be, but where in such latter case the lot is broken on its front at either end by a lake or river, the unsurveyed boundaries of the aliquot part shall be surveyed parallel to the straight line joining the rear corners of the lot, and, where the rear boundary of the lot is also broken at either end by a lake or river, the unsurvey…

• 22.
• 23Governing course for side lines

  23 (1) A surveyor in establishing the course of a township boundary line or a proof line in a single front township for the purpose of surveying a side line of a lot shall determine the course of the straight line joining the front and rear ends of the boundary line or proof line in each concession. Idem (2) A surveyor in establishing the course of the front of a concession in a single front township for the purpose of measuring an angle with such front to establish a side line of a lot shall determine the course of the straight line joining the ends of such front, but where the front of the concession was surveyed on more than one course in the original survey, the surveyor shall determine the course of the straight line joining the ends of each course of such front. R.S.O. 1990, c. S.30, s. 23.

• 23.
• [s26]

  PART IV DOUBLE FRONT TOWNSHIPS

• PART IV DOUBLE FRONT TOWNSHIPS
• 24Double front township, lost corners, etc.

  24 (1) In this Part, “double front township” means a township where the usual practice in the original survey was to survey the township boundaries, the proof lines and base lines, if any, and the concession lines forming the front boundaries of the half lots and to establish the front corners of the half lots. Re-establishment of lost corners, etc. (2) A surveyor in re-establishing a lost corner or obliterated boundary in a double front township shall obtain the best evidence available respecting the corner or boundary, but if the corner or boundary cannot be re-established in its original position from such evidence, the surveyor shall proceed as follows: 1. If the lost corner is a corner of the township, the surveyor shall report the circumstances to the Minister who shall instruct the surveyor how to proceed. 2. If the lost corner is a corner of a lot on a township boundary or on a c…

• 24.
• 25Front boundary of half lots

  25 The front boundary of a half lot in a double front township is the boundary of the half lot that abuts the road allowance between two concessions made in the original survey, or, where a concession is broken by a lake or river, the front boundary of a half lot is the original shore of the lake or river opposite the prolongation of such road allowance across the lake or river. R.S.O. 1990, c. S.30, s. 25.

• 25.
• 26Concession line not run or obliterated

  26 Where in a double front township the whole of the concession line forming the front boundary of the half lots was not surveyed in the original survey or is obliterated, a surveyor in establishing or re-establishing such concession line in whole or in part shall establish or re-establish such concession line to give the lots in each of the adjacent concessions a depth proportionate to that intended in the original survey. R.S.O. 1990, c. S.30, s. 26.

• 26.
• 27Establishment of rear boundaries

  27 A surveyor in establishing the rear boundaries of half lots in a concession in a double front township shall proceed as follows without reference to the description contained in any grant or other instrument: 1. If the concession is unbroken on both fronts by a lake or river, the surveyor shall join by straight lines the midway points of the side lines of the lots and their production through the concession. 2. If the concession is broken on either or both fronts by a lake or river but the fronts of the concession are not wholly broken at either or both ends, the surveyor shall join by a straight line the midway points of the last ascertainable side line and its production through the concession at each end of the broken front. 3. If the concession is wholly broken on both fronts at either end of the concession by a lake or river but not broken on both fronts throughout the entire con…

• 27.
• 28Establishment of side lines

  28 A surveyor in establishing in a concession in a double front township a side line of a half lot that was not surveyed in the original survey shall proceed as follows: 1. If intended in the original survey, the surveyor shall establish the side line on the same astronomic course as the boundary line of the concession at the end from which the lots are numbered, or, if such boundary line was not surveyed in the original survey because it was wholly broken by a lake or river and if intended in the original survey, the surveyor shall establish the side line on the same astronomic course as the boundary line at the other end of the concession, but where a proof line was surveyed in the original survey, the surveyor shall establish the side line on the side of the proof line that is farthest from the end of the concession that is intended to govern the course of the side line on the same as…

• 28.
• 29Aliquot parts described

  29 (1) The aliquot part of a half lot in a double front township is the aliquot part of the area of the half lot whether the area of the aliquot part as so determined is more or less than that expressed in any grant or other instrument. Boundaries (2) The boundaries of an aliquot part of a half lot in a double front township of which half lot no aliquot part was surveyed before the 1st day of July, 1944, shall be surveyed on the astronomic course of a side line not surveyed in the original survey or parallel to the straight line joining the front corners of the half lot, as the case may be, but where in such latter case the front of the half lot is broken at either end by a lake or river, the unsurveyed boundaries of the aliquot part shall be surveyed parallel to the straight line joining the rear corners of the half lot, and where the rear boundary of the half lot is also broken at eith…

• 29.
• 30Governing course for side lines

  30 (1) A surveyor in establishing the course of a township boundary line or a proof line in a double front township for the purpose of surveying a side line of a half lot shall determine the course of the straight line joining the front and rear ends of such boundary line or proof line in each concession. Idem (2) A surveyor in establishing the course of the front of a concession in a double front township for the purpose of measuring an angle with such front to establish a side line of a half lot shall determine the course of the straight line joining the ends of such front, but where the front of a concession was surveyed on more than one course in the original survey, the surveyor shall determine the course of the straight line joining the ends of each course of such front. R.S.O. 1990, c. S.30, s. 30.

• 30.
• [s34]

  PART V SECTIONAL TOWNSHIPS WITH DOUBLE FRONTS

• PART V SECTIONAL TOWNSHIPS WITH DOUBLE FRONTS
• 31Sectional township with double fronts, lost corners, etc.

  31 (1) In this Part, “sectional township with double fronts” means a township divided into sections and lots where the usual practice in the original survey was to survey the township boundaries, concession lines and side lines of sections defining section boundaries and to establish the front corners of the lots and the section corners. Re-establishment of lost corners, etc. (2) A surveyor in re-establishing a lost corner or obliterated boundary in a sectional township with double fronts shall obtain the best evidence available respecting the corner or boundary, but if the corner or boundary cannot be re-established in its original position from such evidence, the surveyor shall proceed as follows: 1. If the lost corner is a corner of the township, the surveyor shall report the circumstances to the Minister who shall instruct the surveyor how to proceed. 2. If the lost corner is a corne…

• 31.
• 32Fronts of concessions

  32 The front of a concession in a sectional township with double fronts is the boundary of the concession that abuts the road allowance between two concessions shown on the original plan or, where a concession is broken by a lake or river, that is nearest the prolongation of such road allowance across the lake or river. R.S.O. 1990, c. S.30, s. 32.

• 32.
• 33Establishment of rear boundaries of concessions

  33 A surveyor in establishing the rear boundary of a concession in a sectional township with double fronts shall proceed as follows: 1. If the two concessions in a section are unbroken by a lake or river on their fronts, the surveyor shall, if intended in the original survey, join by straight lines the midway points of the side lines of the lots and their productions through the section. 2. If the two concessions in a section are broken by a lake or river on either or both of their fronts but the fronts of the two concessions are not wholly broken at either or both ends of the section, the surveyor shall, if intended in the original survey, join by a straight line the midway points between the fronts of the two concessions on the last ascertainable side line in the section at each end of the broken front. 3. If one of the concessions in a section is broken by a lake or river on its front…

• 33.
• 34Establishment of side lines

  34 A surveyor in establishing in a concession in a sectional township with double fronts a side line of a lot that was not surveyed in the original survey shall proceed as follows: 1. Where any such township, other than the townships of Eastnor, Lindsay and St. Edmunds in the County of Bruce, was surveyed under the 1,000-acre or 1,800-acre sectional system and in the townships of Cumming, Idington, O’Brien, Owens and Williamson in the Territorial District of Cochrane, and if intended in the original survey, the surveyor shall establish the side line on the astronomic course shown on the original plan and field notes for the side line of the section in which the lot is located that is nearest the end of the section from which the lots are numbered, or, if intended in the original survey, the surveyor shall establish the side line on the astronomic course shown on the original plan and fie…

• 34.
• 35Aliquot parts

  35 (1) Where the whole or a part of any lot in a sectional township with double fronts was patented before the 24th day of March, 1911, any aliquot part of the lot is the aliquot part of the area of the lot whether the area of the aliquot part as so determined is more or less than that expressed in any grant or other instrument. Idem (2) Where the whole or a part of a broken lot in a sectional township with double fronts was patented on or after the 24th day of March, 1911, any aliquot part of the lot is the aliquot part of the area of the lot whether the area of the aliquot part as so determined is more or less than that expressed in any grant or other instrument. Idem (3) Where the whole or a part of an unbroken lot in a sectional township with double fronts was patented on or after the 24th day of March, 1911, any aliquot part of the lot is the aliquot part of the frontage or depth of…

• 35.
• 36Governing course for side lines

  36 A surveyor in establishing the course of a boundary line of a section in a sectional township with double fronts for the purpose of surveying a side line of a lot shall determine the course of the straight line joining the section corners. R.S.O. 1990, c. S.30, s. 36.

• 36.
• [s41]

  PART VI SECTIONAL TOWNSHIPS WITH SINGLE FRONTS

• PART VI SECTIONAL TOWNSHIPS WITH SINGLE FRONTS
• 37Sectional township with single fronts, lost corners, etc.

  37 (1) In this Part, “sectional township with single fronts” means a township divided into sections and lots where the usual practice in the original survey was to survey the township boundaries, concession lines and side lines of the sections and to establish the front corners of the lots and the section corners. Re-establishment of lost corners, etc. (2) A surveyor in re-establishing a lost corner or obliterated boundary in a sectional township with single fronts shall obtain the best evidence available respecting the corner or boundary, but if the corner or boundary cannot be re-established in its original position from such evidence, the surveyor shall proceed as follows: 1. If the lost corner is a corner of a township, the surveyor shall report the circumstances to the Minister who shall instruct the surveyor how to proceed. 2. If the lost corner is a corner of a section on a townsh…

• 37.
• 38Fronts of concessions

  38 The front of a concession in a sectional township with single fronts is the boundary of the concession that is nearest the boundary of the township from which the concessions therein are numbered or lettered. R.S.O. 1990, c. S.30, s. 38.

• 38.
• 39Establishment of side lines

  39 A surveyor in establishing in a concession in a sectional township with single fronts a side line of a lot that was not surveyed in the original survey shall proceed as follows: 1. If intended in the original survey, the surveyor shall establish the side line on the astronomic course for the side line of the section in which the lot is located that is nearest the end of the section from which the lots are numbered, but where the side line of such section is broken by a lake or river to such an extent that the course thereof cannot be accurately determined, the surveyor shall establish such side line on the astronomic course of the side line of the section at the other end of such section, but where both side lines of the section are broken by a lake or river to such an extent that the course thereof cannot be accurately determined, the surveyor shall establish such side line on the as…

• 39.
• 40Aliquot parts

  40 (1) Where the whole or a part of any lot in a sectional township with single fronts was patented before the 24th day of March, 1911, any aliquot part of the lot is the aliquot part of the area of the lot whether the area of the aliquot part as so determined is more or less than that expressed in any grant or other instrument. Idem (2) Where the whole or a part of a broken lot in a sectional township with single fronts was patented on or after the 24th day of March, 1911, any aliquot part of the lot is the aliquot part of the area of the lot whether the area of the aliquot part as so determined is more or less than that expressed in any grant or other instrument. Idem (3) Where the whole or a part of an unbroken lot in a sectional township with single fronts was patented on or after the 24th day of March, 1911, any aliquot part of the lot is the aliquot part of the frontage or depth of…

• 40.
• 41Governing course for side lines

  41 A surveyor in establishing the course of a boundary line of a section in a sectional township with single fronts for the purpose of surveying a side line of a lot shall determine the course of the straight line joining the section corners. R.S.O. 1990, c. S.30, s. 41.

• 41.
• [s47]

  PART VII SECTIONAL TOWNSHIPS WITH SECTIONS AND QUARTER SECTIONS

• PART VII SECTIONAL TOWNSHIPS WITH SECTIONS AND QUARTER SECTIONS
• 42Definition

  42 In this Part, “sectional township with sections and quarter sections” means, (a) a township divided into sections and quarter sections without road allowances between sections where the usual practice in the original survey was to survey the township boundaries and section lines and to establish the section corners and quarter section corners, or (b) a township divided into sections and quarter sections with road allowances between sections where the usual practice in the original survey was to survey the township boundaries and the section lines on the west and south sides of the road allowances and to establish the section corners and the quarter section corners on the surveyed lines. R.S.O. 1990, c. S.30, s. 42.

• 42.
• 43Widths of certain road allowances

  43 (1) Every road allowance between sections of sectional townships surveyed under instructions of the Department of Interior of Canada is one chain wide and every such road allowance lies north and east of the south and west sides of the road allowance as surveyed in the original survey. Land detached from original road allowances (2) The strips of land formerly forming parts of the original road allowances mentioned in subsection (1) are detached therefrom and attached to and form part of the quarter section immediately adjoining the strips of land on the east and north thereof. Original section and quarter section posts to govern (3) The section and quarter section corners established in the original survey of the townships mentioned in subsection (1) continue to be the governing points for the purpose of re-establishing a lost corner or obliterated boundary of a section or quarter se…

• 43.
• 44Re-establishment of lost corners and obliterated boundaries

  44 (1) A surveyor in re-establishing a lost corner or obliterated boundary surveyed in the original survey in a sectional township with sections and quarter sections with or without road allowances shall obtain the best evidence available respecting the corner or boundary, but if the corner or boundary cannot be re-established in its original position from such evidence, the surveyor shall proceed as follows: 1. If the lost corner is a corner of a township, the surveyor shall report the circumstances to the Minister who shall instruct the surveyor how to proceed. 2. If the lost corner is a corner of a section or quarter section on or along a township boundary, the surveyor shall determine the distance between the nearest undisputed corners, one being on either side of the lost corner, and the surveyor shall re-establish the corner by dividing the distance proportionately as intended in t…

• 44.
• 45Establishment of section and quarter section corners

  45 A surveyor in establishing a corner of a section or quarter section shown on the original plan and field notes on a section line not surveyed in the original survey in a township defined in clause 42 (b) shall proceed as follows: 1. If the corner is a corner of a section, the surveyor shall measure the widths of the road allowances shown on the original plan and field notes from the two section corners of the adjacent sections on the opposite sides of the road allowances. 2. If the corner is a corner of a quarter section, the surveyor shall measure the width of the road allowance as shown on the original plan and field notes from the opposite quarter section corner on the other side of the road allowance and join a straight line between that quarter section corner and the opposite quarter section corner on the section line at the other side of the section. R.S.O. 1990, c. S.30, s. 45.

• 45.
• 46Establishment of interior boundaries of half sections and quarter sections

  46 The interior boundaries of half sections or quarter sections shall be surveyed by connecting the opposite quarter section corners on the boundaries of the section by straight lines. R.S.O. 1990, c. S.30, s. 46.

• 46.
• 47Aliquot parts described

  47 (1) The aliquot part of a quarter section in a sectional township with sections and quarter sections is the aliquot part of the frontage or the depth between the quarter section corners whether the area of the aliquot part as so determined is more or less than that expressed in any grant or other instrument. Idem (2) The aliquot part of a half section in a sectional township with sections and quarter sections is the aliquot part of the frontage or depth between the quarter section corners of the quarter sections forming the half section whether the area of the aliquot part as so determined is more or less than that expressed in any grant or other instrument. Establishment of boundaries of aliquot parts (3) The interior boundaries of an aliquot part of a quarter section shall be surveyed by connecting by straight lines the points on the boundaries of the quarter section determined in a…

• 47.
• [s54]

  PART VIII MUNICIPAL AND CROWN RESURVEY Survey in a municipality

• PART VIII MUNICIPAL AND CROWN RESURVEY
• 48Application for survey in a municipality

  48 (1) The council of a municipality or the board of trustees of an improvement district, upon its own motion, may, or upon the petition of one-half of the landowners affected shall, pass a by-law authorizing an application to the Minister to cause a survey to be made under his or her direction for the purpose of fixing the position of a disputed or lost line, boundary or corner that is in the municipality and that has been surveyed under competent authority or under the Land Titles Act or the Registry Act. Confirmation of survey (2) The Minister shall appoint and instruct a surveyor to make the survey for which an application has been made under subsection (1) and when the survey has been made and the plan and field notes have been examined by the Minister, the Minister shall cause a notice to be published once in each week for four consecutive weeks in a newspaper having general circul…

• 48.
• 49Appeal from confirmation

  49 (1) Any person objecting to the confirmation of a survey under subsection 48 (2) may appeal to the Divisional Court and the court may decide the matter on the evidence before it or direct the trial of an issue and may dismiss the appeal or order the Minister to amend the survey and plan in such manner as the court considers proper. Notice of appeal (2) Notice of an appeal under this section shall be served on the Minister within thirty days of the date of the confirmation by the Minister of the survey. Filing of plans and field notes (3) Upon the expiry of thirty days from the confirmation of a survey by the Minister or where an appeal has been taken under subsection (1) within thirty days of the final disposition of the appeal, a copy of the plan and field notes of the survey or of the survey as amended in accordance with the order of the court, as the case may be, shall be registere…

• 49.
• 50Application for survey in unorganized territory

  50 (1) The Minister upon the application of an owner or owners of land that is situate in territory without municipal organization and that has been surveyed under competent authority or under the Land Titles Act or the Registry Act may cause a survey to be made under his direction for the purpose of fixing the position of a disputed or lost line, boundary or corner. Cost of survey (2) Subject to section 51, the cost of a survey under subsection (1) shall be paid by the owner or owners making application therefor upon notice by the Minister that the survey has been made. Confirmation of survey (3) Subsection 48 (2) and section 49 apply with necessary modifications to a survey made under this section. R.S.O. 1990, c. S.30, s. 50.

• 50.
• 51Cost of survey may be paid by Province

  51 The Minister may pay all or any part of the cost of a survey under section 48 or 50 out of the money that is appropriated by the Legislature for ground surveys. R.S.O. 1990, c. S.30, s. 51.

• 51.
• 52Crown resurvey

  52 (1) The Minister may cause a survey to be made under his or her direction for the purpose of fixing the position of a disputed or lost line, boundary or corner that was surveyed under competent authority, and in any such case the Minister may direct that subsection 48 (2) and section 49 apply with necessary modifications. Confirmation of Crown resurveys (2) Where a survey similar to a survey under subsection (1) was made under the instructions of the Minister before the 1st day of June, 1947, the Minister may, upon compliance with the requirements as to publication of notice and the holding of a hearing set forth in subsection 48 (2), confirm the survey and such confirmation has the like force and effect as a confirmation under the said subsection. R.S.O. 1990, c. S.30, s. 52.

• 52.
• [s60]

  PART IX PLANS OF SUBDIVISION

• PART IX PLANS OF SUBDIVISION
• 53Definition

  53 In this Part, “plan of subdivision” means a plan of subdivision that is registered under the Land Titles Act or under the Registry Act. R.S.O. 1990, c. S.30, s. 53.

• 53.
• 54True and unalterable line, boundary and corner

  54 Every line, boundary and corner established by survey and shown on a plan of subdivision is a true and unalterable line, boundary or corner, as the case may be, with respect to such plan and shall be deemed to be defined by the original posts or blazed trees in the first survey thereof, whether or not the actual measurements between the original posts are the same as shown on the plan of subdivision or expressed in any grant or other instrument R.S.O. 1990, c. S.30, s. 54.

• 54.
• 55Re-establishment of lost corners, etc.

  55 A surveyor in re-establishing a line, boundary or corner shown on a plan of subdivision shall obtain the best evidence available respecting the line, boundary or corner, but if the line, boundary or corner cannot be re-established in its original position from such evidence, the surveyor shall proceed as follows: 1. If a part of a line or boundary is obliterated, the surveyor shall re-establish it by joining the nearest ascertainable points thereof in the manner shown on the plan of subdivision. 2. If a corner on a line or boundary is lost, the surveyor shall re-establish it by the method that accords with the intent of the survey as shown on the plan of subdivision and, if it is consistent with the intent of the survey as shown on the plan of subdivision, the surveyor shall determine the distance between the two nearest undisputed corners, one being on either side of the lost corner,…

• 55.
• 56Bearings

  56 Every bearing shown on a plan of subdivision shall be referred to one reference line designated on the plan and the course of such reference line shall be the true bearing and shall be determined by astronomic observation or other satisfactory method. R.S.O. 1990, c. S.30, s. 56.

• 56.
• 57Public roads, etc.

  57 Subject to the Land Titles Act or the Registry Act as to the amendment or alteration of plans, every road allowance, highway, street, lane, walk and common shown on a plan of subdivision shall be deemed to be a public road, highway, street, lane, walk and common, respectively. R.S.O. 1990, c. S.30, s. 57.

• 57.
• [s66]

  PART X SURVEYS OF LAND UNDER THE PUBLIC TRANSPORTATION AND HIGHWAY IMPROVEMENT ACT

• PART X SURVEYS OF LAND UNDER THE PUBLIC TRANSPORTATION AND HIGHWAY IMPROVEMENT ACT
• 58True and unalterable boundaries

  58 All posts and monuments heretofore or hereafter marked, placed or planted for the purpose of designating and defining the boundaries of any parcel of land vested in the Crown and under the jurisdiction and control of the Ministry of Transportation under the Public Transportation and Highway Improvement Act or a predecessor thereof are true and unalterable and fix the boundaries of such parcel, whether or not the actual measurements between the posts or monuments are the same as shown on the plan thereof or mentioned or expressed in any grant or other instrument in respect of such parcel and whether or not such parcel remains vested in the Crown. R.S.O. 1990, c. S.30, s. 58.

• 58.
• [s68]

  PART XI MISCELLANEOUS

• PART XI MISCELLANEOUS
• 59Aliquot parts of parcels

  59 The aliquot part of a parcel of land that is not an aliquot part of a township lot is the aliquot part of the area of the parcel of land whether the area of the aliquot part as so determined is more or less than that expressed in any grant or other instrument. R.S.O. 1990, c. S.30, s. 59.

• 59.
• 60Survey monuments, etc.

  60 The plan of a survey of land shall show the position, type and form of every survey monument or object used to define a point placed, planted, set or marked in the survey. R.S.O. 1990, c. S.30, s. 60.

• 60.
• 61Agreements

  61 (1) The Minister or the Minister of Infrastructure may enter into agreements with the owners of lands respecting the installation of survey monuments on the lands. R.S.O. 1990, c. S.30, s. 61 (1); 2011, c. 9, Sched. 27, s. 40 (1). Term of agreement (2) An agreement entered into under subsection (1) may be entered into for a term of years mentioned in the agreement or in perpetuity. R.S.O. 1990, c. S.30, s. 61 (2). Execution of agreements (3) Without limiting the generality of any provision of any Act or any assignment made thereunder, the Surveyor General may execute an agreement entered into under subsection (1) on behalf of the Minister or the Minister of Infrastructure. R.S.O. 1990, c. S.30, s. 61 (3); 2011, c. 9, Sched. 27, s. 40 (2). Registration of agreements (4) An agreement entered into under subsection (1) may be registered in the proper land registry office, and thereupon su…

• 61.
• 62Regulations

  62 (1) The Lieutenant Governor in Council may make regulations, (a) prescribing the methods of performing surveys and for the purpose of illustrating any method by words and sketches, or either of them; (b) establishing, governing and regulating systems of co-ordinate surveys. R.S.O. 1990, c. S.30, s. 62 (1); 1998, c. 18, Sched. I, s. 63. Regulation may be limited (2) Any regulation may be limited territorially or as to time or otherwise. R.S.O. 1990, c. S.30, s. 62 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 63 - 18/12/1998 ____________________

• 62.