Canada Lands Surveys Act CHAPTER L-6 An Act respecting the surveys of public lands of Canada SHORT TITLE Short title 1. This Act may be cited as the Canada Lands Surveys Act. R.S., c. L-5, s. 1. INTERPRETATION Definitions 2. (1) In this Act, "Board" «Commission» "Board" means the Board of Examiners appointed under section 5; "Canada Lands Surveyor" «arpenteur fédéral» "Canada Lands Surveyor" means a person who holds a commission; "candidate" «candidat» "candidate" means an applicant for a commission; "commission" «brevet» "commission" means a valid and subsisting commission granted under this Act authorizing the person to whom it is granted to survey lands under this Act; "Commissioner" «commissaire» "Commissioner" means (a) in respect of the properties described in section 47 of the Yukon Act, the Commissioner of the Yukon Territory, and (b) in respect of the properties described in section 44 of the Northwest Territories Act, the Commissioner of the Northwest Territories; "examination" «examen» "examination" means the examination of a candidate; "Minister" «ministre» "Minister" means, except in Part III, the Minister of Natural Resources; "monument" «borne-signal» "monument" means a post, stake, peg, mound, pit, trench or any other object, thing or device used under this Act or under the Dominion Lands Surveys Act, chapter 117 of the Revised Statutes of Canada, 1927, to mark a boundary of surveyed lands; "prescribed" «prescrit» "prescribed" means prescribed in rules or regulations made by the Board; "Secretary" «secrétaire» "Secretary" means the Secretary of the Board; "survey" «arpentage» "survey" includes a resurvey and a special survey; "surveyor" «arpenteur» "surveyor" means a Canada Lands Surveyor or a person who is entitled to survey lands in a province under the laws of the province; "Surveyor General" «arpenteur en chef» "Surveyor General" means a person who is a Canada Lands Surveyor and is appointed as Surveyor General in the manner authorized by law or a person authorized by the Minister to carry out the duties of the Surveyor General. Where commission deemed to be held (2) Every person who holds a valid and subsisting certificate as a Dominion topographical surveyor or a valid and subsisting commission as a Dominion land surveyor is deemed to hold a commission granted under this Act. R.S., 1985, c. L-6, s. 2; 1994, c. 41, s. 37. ADMINISTRATION Minister to have control 3. (1) The Minister has the administration, direction and control of surveys under this Act. Duties of Surveyor General (2) The Surveyor General, subject to the direction of the Minister, has the management of surveys under this Act and the custody of all the original plans, journals, field notes and other papers connected with those surveys. Substitute for Surveyor General (3) The Minister may authorize an employee of the Department of Natural Resources who is a surveyor to carry out all or any of the duties of the Surveyor General. R.S., 1985, c. L-6, s. 3; 1994, c. 41, s. 38(E). Governor in Council may make regulations 4. (1) The Governor in Council may make such orders and regulations as he deems necessary to carry out this Act or to meet any cases with reference to surveys under the management of the Surveyor General for which no provision is made in this Act. Tariff of fees (2) The Minister may establish a tariff of fees to be charged by the Department of Natural Resources for copies of maps, plans, field notes, or any other type of record or document arising from or respecting surveys under this Act and those fees shall form part of the Consolidated Revenue Fund. R.S., 1985, c. L-6, s. 4; 1994, c. 41, s. 38. PART I EXAMINATIONS, POWERS AND DUTIES OF CANADA LANDS SURVEYORS Board of Examiners Constitution of Board of Examiners 5. (1) The Governor in Council shall appoint a Board of Examiners consisting of the Surveyor General, who shall be Chairman, and four other members. Vacancies (2) Where a member of the Board, other than the Chairman, is, in the opinion of the Governor in Council, unable permanently or temporarily to perform the duties of his office, the Governor in Council may, as he deems expedient, appoint a new member or a temporary member to replace that member. Qualifications (3) Four of the members of the Board shall be persons having training or practical experience in the major fields of surveying. Tenure of office (4) Members of the Board, other than the Chairman, hold office during pleasure. Quorum (5) Three members of the Board constitute a quorum. Secretary (6) The Minister shall appoint a person to be Secretary of the Board whose duties include the keeping of records of all proceedings of the Board. Oath or affirmation (7) Every member or temporary member of the Board shall, before entering office, take an oath or solemn affirmation in the following form: I, ..............., do solemnly swear (or affirm) that I will faithfully discharge the duty of an examiner of candidates for commissions as Canada Lands Surveyors, according to law, and without favour, affection or partiality. (Add, in the case of an oath, "So help me God"). R.S., 1985, c. L-6, s. 5; 1993, c. 44, s. 181. Compliance with directions 6. (1) The Board shall comply with any directions given to it by the Governor in Council or by the Minister with respect to the exercise of its powers. Duty to examine candidates (2) Subject to section 8, the Board shall examine candidates. Regulations by Board re examinations (3) The Board has control over all matters relating to the examination, admission and qualifications of candidates and may, for those purposes, with the approval of the Governor in Council, make rules or regulations prescribing (a) the subjects in which candidates shall be examined; (b) the conduct of examinations including notice to be given respecting examinations; (c) the standards, nature and length of training and experience in surveying required of any candidate; (d) such forms, rules, instructions and regulations as the Board deems requisite in any matter respecting the examination, admission and qualifications of candidates; (e) the form of commissions; and (f) the fees payable by candidates. R.S., c. L-5, s. 6; 1976-77, c. 30, s. 4. Remuneration of members and Secretary 7. Every member or temporary member of the Board and the Secretary, whether or not he is employed or paid in any other capacity in the public service of Canada, may, in respect of the performance of his duties and functions under this Act, be paid (a) remuneration at an annual rate to be fixed by the Treasury Board; and (b) his actual living and travel expenses incurred while away from his normal place of residence. R.S., 1985, c. L-6, s. 7; 1992, c. 54, s. 80. Special Examiners Appointment 8. (1) The Minister may, on the recommendation of the Board, appoint qualified persons as special examiners to examine candidates, to prepare examination papers and to appraise the responses of candidates thereto. Ex officio special examiners (2) A member of the Board is, ex officio, a special examiner. Qualifications (3) Persons qualified for appointment as special examiners are (a) Canada Lands Surveyors; (b) provincial land surveyors duly qualified under the laws of the province in which they will preside at examinations to be held therein; or (c) persons who are, in the opinion of the Board, particularly conversant with the specific subjects of the various examinations. Oath (4) Every special examiner, other than a member of the Board, shall before entering office take the oath described in subsection 5(7). R.S., c. L-5, s. 8; 1976-77, c. 30, s. 5. Fees to special examiners 9. Every special examiner, other than a member of the Board, may be paid for the work performed with respect to the preparation of examination papers and with respect to the appraisal of responses of candidates thereto, and for each day on which he presides at an examination such fees as may be fixed by the Treasury Board together with his actual living and travel expenses incurred while away from his normal place of residence. R.S., c. L-5, s. 9. Examinations Examinations by Board 10. (1) The Board shall, in order to hold examinations, meet at Ottawa on the second Monday in the month of February in each year and at such other times and places as the Minister may direct. Examinations by special examiners (2) The Minister may direct that examinations be held by special examiners at such times and places as the Minister thinks fit. Notice of examinations (3) Subject to subsection (4), notice of examinations to be held under this section shall be published in the Canada Gazette as prescribed. Notice in special cases (4) The Minister may, in special cases where the Minister deems it expedient, dispense with publication of notice of an examination or may direct that notice may be given in a manner other than as prescribed. R.S., c. L-5, s. 10. Subject to Board's regulations 11. Unless otherwise provided for in this Act, all examinations are subject to the rules and regulations made by the Board. R.S., c. L-5, s. 11. Candidates to send notice, etc. 12. (1) No candidate shall be examined unless the candidate has, in accordance with this Act and the rules and regulations made by the Board, (a) submitted notice of his intention to be examined; (b) paid all fees required in respect of an examination; and (c) complied with all requirements relating to an examination. Eligibility for examination (2) Subject to subsection (3), no candidate is eligible to be examined for a commission unless the candidate (a) demonstrates to the satisfaction of the Board that the candidate has been adequately instructed in subjects prescribed by the Board; and (b) has received the prescribed training and experience in surveying and has filed with the Secretary a record of such training and experience. Lesser period of experience (3) The Board may permit a candidate to be examined for a commission before the candidate has received the prescribed training and experience in surveying if the Board is satisfied that the candidate will receive such training and experience within one year of the examination. Proof of compliance with rules and regulations (4) Where, pursuant to subsection (3), the Board permits a candidate to be examined for a commission, no commission shall be granted to the candidate until the candidate has furnished the Board with affidavits or other evidence acceptable to the Board showing that the candidate has fully complied with the rules and regulations. R.S., c. L-5, s. 12; 1976-77, c. 30, s. 6. Examination under oath 13. The Board or a special examiner, as the case may be, may examine a candidate under oath, to be administered by a member of the Board or the special examiner, respecting any qualification or other matter relating to the examination of the candidate. R.S., c. L-5, s. 13. Commissions Grant of commissions 14. The Board may grant a commission as a Canada Lands Surveyor to a person who (a) has complied with the requirements of this Act respecting eligibility for an examination for a commission; and (b) has complied with all the rules and regulations made by the Board under subsection 6(3). R.S., c. L-5, s. 19; 1974-75-76, c. 108, s. 37; 1976-77, c. 30, s. 8. Holder of commission to take oath 15. (1) Every person who is granted a commission shall, before commencing practice as a Canada Lands Surveyor, (a) take an oath or solemn affirmation, before any person duly authorized to take it, in the following form: I, ..............., do solemnly swear (or affirm) that I will faithfully discharge the duties of a Canada Lands Surveyor according to law and without favour, affection or partiality. (Add, in the case of an oath, "So help me God"); and (b) pay the prescribed fee. Registration of commissions (2) Every commission shall be registered in the office of the Registrar General of Canada. Filing of oath or affirmation (3) An oath or affirmation referred to in subsection (1) shall be filed and kept in the office of the Surveyor General. R.S., 1985, c. L-6, s. 15; 1993, c. 44, s. 182. Cancellations and Suspension of Commissions Grounds for suspension or cancellation 16. (1) The Board may suspend a commission for such period as it thinks advisable or may cancel a commission where it finds that the holder thereof is guilty of (a) gross negligence or corrupt practice in carrying out his duties as a surveyor; (b) certifying to false returns of a survey; (c) certifying as his survey a survey made by another surveyor; or (d) making a survey in which he has used a measure that is not regulated and verified in accordance with this Act. Procedure (2) The Board shall not make a finding under subsection (1) unless and until (a) the Secretary has, at least thirty days before the day on which a finding is to be made, sent to the surveyor a registered letter containing a notice of the grounds for cancellation or suspension to be considered by the Board and notifying the surveyor to appear before the Board at the day set for the hearing; (b) the Board has heard such evidence as may be adduced in support of the charges against the surveyor; and (c) the Board has heard such evidence in rebuttal of the charges as may be adduced by the surveyor, by witnesses called by the surveyor or, in the event that the surveyor fails to appear, by a person appointed by the Board to act on behalf of the surveyor. R.S., c. L-5, s. 22; 1976-77, c. 30, s. 11. Duties and Powers of Surveyors Verification of surveys 17. (1) The Surveyor General shall require every surveyor to verify and affirm by oath or otherwise to the satisfaction of the Surveyor General on each return of his surveys under this Act that the surveyor has faithfully and correctly executed such surveys in accordance with this Act and with any instructions issued to the surveyor by the Surveyor General. Proceedings on false surveys (2) Where a court of competent jurisdiction finds that a survey or any part thereof has not been executed as verified under subsection (1), the Attorney General of Canada may, on application of the Surveyor General, institute proceedings to recover costs from the surveyor who verified the returns. R.S., c. L-5, s. 23; 1976-77, c. 30, s. 12. Field notes 18. Every surveyor shall keep exact and regular field notes of all his surveys under this Act and shall file them with the Surveyor General in the order of time in which the surveys have been performed. R.S., c. L-5, s. 24; 1976-77, c. 30, s. 13. Entry on private lands 19. A surveyor may, for the purposes of carrying out a survey of lands under this Act, enter on, pass over or measure the boundaries of the lands of any person, but the surveyor shall take all reasonable precautions to avoid causing any damage in so doing. R.S., c. L-5, s. 25; 1976-77, c. 30, s. 14. Taking evidence, etc. 20. (1) A surveyor may, in carrying out a survey of lands under this Act, if the surveyor believes on reasonable grounds that any person may have knowledge of any matter relating to the survey, (a) request the person to appear before the surveyor as a witness; (b) apply to a justice of the peace for a subpoena compelling the person to appear before the surveyor to give evidence and to bring such documents as may be specified in the subpoena; and (c) take evidence from any person requested or compelled to appear before the surveyor under an oath or a solemn affirmation to be administered by the surveyor. Justice of the peace may issue subpoena (2) A justice of the peace may, on application by a surveyor supported by an affidavit by the surveyor setting forth the reason for requiring the attendance of a witness, issue the subpoena referred to in subsection (1). Service and contents of subpoena (3) A subpoena under this section shall either be personally served on the person named therein or left with an adult person at the residence of that person and shall state the time and place at which the hearing before the surveyor will be held. Expenses of witnesses (4) A surveyor may tender to a witness under this section such conduct money as will, in the opinion of the surveyor, compensate the witness for his reasonable expenses in attending before the surveyor and, in the event of a dispute as to the amount, shall refer the matter to a justice of the peace whose decision therein shall be final. Warrant (5) Where a person named in a subpoena refuses or fails to appear before a surveyor at the time and place named in the subpoena, the surveyor may apply to a justice of the peace for a warrant against that person and the justice of the peace may issue the warrant. R.S., c. L-5, s. 26; 1976-77, c. 30, s. 15. Evidence to be put into writing and registered 21. All evidence, including any documents or other exhibits produced at the hearing, taken before a surveyor under section 20 shall be (a) reduced to writing; (b) read to and affirmed by the witness by whom it is given and by the surveyor; and (c) filed and kept in the office of the Surveyor General as part of the returns of the survey. R.S., c. L-5, s. 27; 1976-77, c. 30, s. 16. Surveys made by Canada Lands Surveyor under other Act 22. The provisions of sections 17 to 21 and 23 apply, with such modifications as the circumstances require, to surveys under any other Act of Parliament, or any regulation made thereunder, or any ordinance of the Yukon Territory or Northwest Territories where the Act, regulation or ordinance requires the surveys to be made by a Canada Lands Surveyor. R.S., c. L-5, s. 28; 1976-77, c. 30, s. 17. Standard of Measure Canadian measure of length 23. (1) The measure of length for surveys under this Act is the Canadian measure of length defined by the Weights and Measures Act. Means of measurement (2) In any survey under this Act, a surveyor shall use (a) a measuring device that is of a type approved by the Surveyor General and that is calibrated, checked and verified in accordance with the instructions of the Surveyor General; or (b) other means of measurement of length, position or direction authorized by the Surveyor General under the circumstances that the Surveyor General may prescribe. R.S., c. L-5, s. 29; 1976-77, c. 30, s. 18. PART II SURVEYS OF CANADA LANDS General Definition of "Canada Lands" 24. (1) In this Part, "Canada Lands" means (a) any lands belonging to Her Majesty in right of Canada or of which the Government of Canada has power to dispose that are situated in the Yukon Territory, the Northwest Territories or in any National Park of Canada and any lands that are (i) surrendered lands or a reserve, as defined in the Indian Act, (ii) Category IA land or Category IA-N land, as defined in the Cree-Naskapi (of Quebec) Act, chapter 18 of the Statutes of Canada, 1984, (iii) Sechelt lands, as defined in the Sechelt Indian Band Self-Government Act, chapter 27 of the Statutes of Canada, 1986, or (iv) settlement land, as defined in the Yukon First Nations Self-Government Act, and lands in which an interest is transferred or recognized under section 21 of that Act; and (b) any lands under water belonging to Her Majesty in right of Canada or in respect of any rights in which the Government of Canada has power to dispose. Surveys of Canada Lands (2) Surveys of Canada Lands shall be made in accordance with the instructions of the Surveyor General. R.S., 1985, c. L-6, s. 24; R.S., 1985, c. 20 (2nd Supp.), s. 4; 1994, c. 35, s. 35. When surveys undertaken 25. The Minister shall cause surveys to be made of Canada Lands on the request of a minister of any department of the Government of Canada or a Commissioner administering the Lands and may do so in any other case in which he deems it to be expedient. R.S., c. L-5, s. 31; 1976-77, c. 30, s. 20. Who may survey Canada Lands 26. (1) Subject to subsection (2), no person other than a Canada Lands Surveyor shall survey Canada Lands. Who may survey Canada Lands within the boundaries of a province (2) A Canada Lands Surveyor or any other surveyor authorized by the Surveyor General may survey Canada Lands that lie within the boundaries of a province but, where surveys of those Canada Lands affect or are likely to affect the rights of landowners of adjoining lands that are not Canada Lands the surveys shall be made by a surveyor of the province in which those surveys are made. R.S., c. L-5, s. 32; 1976-77, c. 30, s. 21. Surveys Minister may direct manner of survey 27. The Minister may direct that Canada Lands be surveyed, laid out and defined in any manner, by any method of surveying and with any description that the Minister considers desirable in the circumstances affecting those lands. R.S., c. L-5, s. 41; 1976-77, c. 30, s. 23. Coordinated Survey Area 28. (1) The Minister may establish a Coordinated Survey Area within any lands dealt with in this Act or alter any such Area by a notice published in the Canada Gazette. Position of monuments (2) Within a Coordinated Survey Area, the position of all new monuments placed and all monuments that are relevant to the placement of new monuments shall be determined by surveyed connection to reference points specified for that purpose and shall be expressed in terms of the system of coordinates specified for the Area, in accordance with the instructions of the Surveyor General. Idem (3) Within a Coordinated Survey Area, the position of all monuments placed prior to the establishment of the Area may be determined and shall be expressed in the manner described in subsection (2), in accordance with the instructions of the Surveyor General. Where position of monument is lost (4) Where the position of a monument that has been determined in accordance with this section is lost, the coordinates of the monument are, in the absence of evidence to the contrary, proof of its position. R.S., c. L-5, s. 42; 1976-77, c. 30, s. 24. Plans Plotting of plans 29. (1) Plans of Canada Lands that are surveyed under this Part shall be plotted, under the direction of the Surveyor General, from the surveyor's field notes and other documents relating to the survey. Content of plans (2) The direction and length of boundaries and the nature and position of the boundary monuments of the parcels of land laid out shall be shown on the plans. Confirmation (3) The Surveyor General shall indicate his confirmation on the plans, if he is satisfied that the survey has been carried out in conformity with this Act and that the survey and plans are satisfactory to the minister of the department of the Government of Canada or the Commissioner administering the Canada Lands in respect of which the survey was made. Effect of confirmation (4) On confirmation by the Surveyor General, the plans shall be deemed to be official plans under this Act. Confirmation of plans (5) No survey of Canada Lands under this Part shall be deemed to be completed until the plans thereof have been confirmed under this section. New plans to correct clerical errors, etc. (6) Where the Surveyor General finds that a plan that has been confirmed under this section has been improperly or incorrectly plotted from the surveyor's field notes and other documents relating to the survey or that there is an omission, clerical error or other defect in the plan, the Surveyor General may cause a new plan to be plotted from the surveyor's field notes and other documents relating to the survey or a new plan to be made correcting the omission, clerical error or other defect. Effect of new plan (7) The new plan referred to in subsection (6) shall, after confirmation thereof by the Surveyor General, be deemed to be the official plan under this Act of the lands thereby affected and shall be substituted for all, or corresponding portions of all, former official plans of the lands thereby affected. R.S., c. L-5, s. 43; 1976-77, c. 30, s. 25. Plans to be sent for filing 30. The Minister shall cause a copy of an official plan under this Act to be sent to the registrar of deeds or of land titles of the county, district or other registration division in which the lands are situated for filing in the registry or land titles office of that county, district or other registration division. R.S., c. L-5, s. 44. Administrative plans 31. The Surveyor General may, for administrative purposes, make such plans of public lands as the Surveyor General deems expedient, but plans made under this section need not be confirmed under section 29 or sent to a registrar under section 30. R.S., c. L-5, s. 45. Boundaries True boundary lines 32. (1) All boundary lines of roads, streets, lanes, lots, parcels or other authorized subdivisions of Canada Lands that are defined by monuments in surveys made under this Part shall, after confirmation of the plans by the Surveyor General, be the true boundary lines of those roads, streets, lanes, lots, parcels or other authorized subdivisions, whether or not they are found to contain, on admeasurement, the exact area or dimensions described or expressed in a plan, letters patent, grant or other instrument affecting those Canada Lands. Roads, etc., to be public highways (2) With respect to Canada Lands situated in the Yukon Territory or the Northwest Territories, all allowances laid out in surveys of roads, streets, lanes or commons in any city, town, village or settlement shall be public highways or commons. R.S., c. L-5, s. 46; 1976-77, c. 30, s. 26. Resurveys Resurveys 33. (1) Canada Lands may be resurveyed under this Part (a) for the purposes of correcting errors or supposed errors or re-establishing lost monuments; or (b) at the request of the member of Her Majesty's Privy Council for Canada or the Commissioner charged with administering the Canada Lands in respect of which the resurvey is to be made. Plans of resurveyed lands (2) Plans of Canada Lands that are resurveyed shall be dealt with in accordance with this Part and shall, after confirmation thereof by the Surveyor General, be deemed to be the official plans under this Act of the lands thereby affected and shall be substituted for all, or corresponding portions of all, former official plans of the lands thereby affected. R.S., c. L-5, s. 47; 1976-77, c. 30, s. 27. PART III SPECIAL SURVEYS OF TERRITORIAL LANDS Scope and Administration Definitions 34. In this Part, "Minister" «ministre» "Minister" means the Minister of Indian Affairs and Northern Development; "territorial lands" «terres territoriales» "territorial lands" means any lands situated in the Yukon Territory or the Northwest Territories. R.S., c. L-5, s. 48. Special Surveys Scope and purposes of special surveys 35. Special surveys of territorial lands may be made for any or all of the following purposes: (a) the correction of errors or supposed errors in existing surveys or plans; (b) the subdivision of land not previously subdivided or the showing of divisions of land not previously or correctly shown on an existing plan of subdivision; (c) fixing the location or width of roads or highways; (d) establishing any boundary lines the positions of which, due to incorrect placing or loss or obliteration of monuments defining the lines on the ground, have become doubtful or difficult of being ascertained; and (e) any other purpose deemed necessary by the Minister or the Commissioner. R.S., c. L-5, s. 49; 1976-77, c. 30, s. 28. When undertaken 36. (1) The Minister of Natural Resources shall cause a special survey of territorial lands to be made when requested to do so by the Minister or the Commissioner. Surveyor General to manage (2) The Surveyor General, subject to the direction of the Minister of Natural Resources, has the management of special surveys. Canada Lands Surveyor (3) No person, other than a Canada Lands Surveyor, shall make a special survey. How survey is made (4) A special survey shall be made by a Canada Lands Surveyor in accordance with the instructions given to him by the Surveyor General and all sections of this Act with respect to the powers, duties and obligations of Canada Lands Surveyors and to the making of surveys apply, with such modifications as the circumstances require, to special surveys. R.S., 1985, c. L-6, s. 36; 1994, c. 41, s. 37. Procedure of Special Surveys Plotting of plans 37. (1) On completion of a special survey referred to in subsection 36(1), the surveyor shall send all field notes and other documents relating to the survey to the Surveyor General who shall direct the plotting of the plan of the territorial lands so surveyed. Plan sent to Minister or Commissioner (2) On the completion of the plotting of the plan referred to in subsection (1), the Surveyor General shall sign the plan and forward it, together with such supporting documents as the Surveyor General thinks necessary, to the Minister or the Commissioner. R.S., c. L-5, s. 51; 1976-77, c. 30, s. 30. Appointment of Hearing Officer 38. (1) On receiving the plan forwarded by the Surveyor General pursuant to subsection 37(2), the Minister or the Commissioner shall appoint a Hearing Officer to inquire into and report on any complaints that may be made against the special survey or plan. Place of inquiry (2) A Hearing Officer shall hold hearings in or as near as practicable to the locality in which the special survey has been made. Publication of notice (3) The Minister or the Commissioner shall cause to be published in the Canada Gazette and in a newspaper, if any, in the locality in which the special survey has been made a notice setting forth (a) a description of the scope and purposes of the special survey and the lands affected thereby; (b) his declaration that the special survey and plan are the true and correct survey and plan of the lands thereby affected, that all boundaries and lines fixed by the survey and plan are the true boundaries and lines, whether of roads, streets, lanes, rivers or creeks or as between adjoining owners or between adjoining lots and whether or not the boundaries and lines were in fact before the declaration the true boundaries and lines, and that the special survey and plan shall be substituted for all, or corresponding portions of all, former surveys or plans of the lands affected that have been theretofore registered; (c) the name of the Hearing Officer appointed by him and the time and place at which the Hearing Officer will hear complaints; and (d) that each person who has an interest in land affected by the special survey and plan and who desires to complain against the survey or the plan shall deliver, at least thirty days before the date set for the Hearing Officer's hearing, to the Minister or the Commissioner a written statement setting forth the nature and grounds of his complaint. R.S., c. L-5, s. 52; 1976-77, c. 30, s. 31. Where no complaints 39. Where no complaints are received pursuant to paragraph 38(3)(d), the Minister or the Commissioner shall return the plan to the Surveyor General to be confirmed by him. R.S., c. L-5, s. 53; 1976-77, c. 30, s. 32. Hearing of complaints 40. (1) Where complaints are received pursuant to paragraph 38(3)(d), the Hearing Officer shall hear them at the time and place set forth in the notice published pursuant to subsection 38(3), but may adjourn the hearing on giving due notice to the complainants. Nature of hearing (2) A Hearing Officer shall hear only those complaints of which written notice has been given to the Minister or the Commissioner but may, for this purpose, receive any evidence he thinks proper, call any witnesses and exercise any of the powers of a commissioner under the Inquiries Act. Report (3) A Hearing Officer shall, on completion of the hearing, report his findings and recommendations to the Minister or the Commissioner. R.S., c. L-5, s. 54; 1976-77, c. 30, s. 32. Minister's or Commissioner's decision 41. (1) The Minister or the Commissioner shall, after receiving a Hearing Officer's report, decide whether the plan and whether any of the matters set forth in the declaration referred to in paragraph 38(3)(b) should be approved or amended, varied or altered as a result of the complaints. Notice of decision (2) The Minister or the Commissioner shall prepare a notice of decision setting forth (a) that he has received the Hearing Officer's report; (b) his decision as to the disposition of the complaints and the resulting changes, if any, in the plan and in any of the matters set forth in the declaration referred to in paragraph 38(3)(b); (c) that any person to whom the notice of decision is mailed has a right of appeal from the decision to the Supreme Court of the Yukon Territory or of the Northwest Territories, as the case may be, within sixty days after the date of the notice; and (d) that any person who appeals from the decision is required to serve the Minister or the Commissioner with a notice of appeal within the time referred to in paragraph (c). To whom notice of decision sent (3) The Minister or the Commissioner shall cause a copy of the notice of decision to be mailed by registered mail to each of the following persons at his latest known address: (a) persons whose complaints have been heard by the Hearing Officer pursuant to section 40; and (b) persons whose interests in land affected by the special survey and plan are, in the opinion of the Minister or the Commissioner, affected by his decision under this section to an extent that differs in any way from the extent to which they were affected by the declaration referred to in paragraph 38(3)(b). Who may appeal (4) Any person to whom a notice of decision is mailed under this section may, within sixty days after the date of the notice of decision and if within that time the person serves the Minister or the Commissioner with a notice of appeal, appeal from the decision of the Minister or the Commissioner to the Supreme Court of the Yukon Territory or of the Northwest Territories, as the case may be. R.S., c. L-5, s. 55; 1972, c. 17, s. 2; 1976-77, c. 30, s. 33. Where complaints withdrawn, etc. 42. Where all persons who have a right of appeal under section 41 have submitted written withdrawals of their complaints or have notified the Minister or the Commissioner in writing that they do not intend to appeal, the Minister or the Commissioner shall return the plan to the Surveyor General who shall confirm, amend, alter or vary the plan as directed by the Minister or the Commissioner. R.S., c. L-5, s. 56; 1976-77, c. 30, s. 34. Where no appeal taken 43. Where there is no appeal from the decision of the Minister or the Commissioner within the time limited therefor, the Minister or the Commissioner shall return the plan to the Surveyor General who shall confirm, amend, alter or vary the plan as directed by the Minister or the Commissioner. R.S., c. L-5, s. 57; 1976-77, c. 30, s. 34. Powers of court on appeal and effect of judgment 44. Where an appeal is taken from the decision of the Minister or the Commissioner, the court hearing the appeal may confirm, amend, alter or vary the decision of the Minister or the Commissioner and the Surveyor General shall accordingly confirm, amend, alter or vary the plan. R.S., c. L-5, s. 58; 1976-77, c. 30, s. 34. Registration of plans 45. (1) The Minister of Natural Resources shall send to the registrar of land titles of the registration district in which the lands affected thereby are situated, for filing in the appropriate land titles office, a copy of (a) the plan confirmed by the Surveyor General under section 39 together with the accompanying declaration referred to in paragraph 38(3)(b), (b) the plan confirmed by the Surveyor General under section 42 together with the accompanying notice of decision referred to in subsection 41(2), (c) the plan confirmed by the Surveyor General under section 43 together with the accompanying notice of decision referred to in subsection 41(2), or (d) the plan as confirmed, amended, altered or varied by the Surveyor General pursuant to the judgment on appeal under section 44 together with the accompanying certified copy of the judgment, as the case may require. Effect of registration (2) On filing in the appropriate land titles office, the plan and accompanying documents referred to in subsection (1) shall be deemed to be substituted for all, or corresponding portions of all, former surveys or plans of the lands thereby affected that have been theretofore registered and shall govern all boundaries of the lands thereby affected. R.S., 1985, c. L-6, s. 45; 1994, c. 41, s. 37. Return of documents to Surveyor General 46. All original plans, field notes or other documents relating to special surveys sent by the Surveyor General to the Minister or the Commissioner for his decision or used in evidence on appeal or otherwise leaving the custody of the Surveyor General shall be returned to his custody. R.S., c. L-5, s. 60; 1976-77, c. 30, s. 35. PART IV GENERAL General Power to Survey General power to survey 47. (1) Subject to this Act, the Minister may, if in his opinion a survey thereof under the management of the Surveyor General is required, cause a survey to be made of any lands belonging to Her Majesty in right of Canada or of which the Government of Canada has power to dispose, but where surveys of the lands affect or are likely to affect the rights of landowners of adjoining lands, the surveys shall be made by a surveyor who holds a valid and subsisting certificate, diploma, commission or other document entitling him to survey lands in the province in which the surveys are made. Survey provisions (2) The provisions of this Act relating to surveys apply, with such modifications as the circumstances require, to surveys made under subsection (1). R.S., c. L-5, s. 61. Evidence Certified copies as evidence 48. (1) A copy certified by the Minister, the Surveyor General or any person authorized to do so by either of them as a true copy of any record, document, plan, book or paper belonging to or deposited with the Surveyor General with respect to a survey of lands made under this Act shall in all actions or other legal proceedings involving those lands be given the same effect as evidence as the original record, document, plan, book or paper would be given. Lithographed maps, etc., as evidence (2) Lithographed or other copies of maps or plans purporting to be issued or published by the Department of Natural Resources and to bear a lithographed or copied signature of the Minister or the Surveyor General are, in all actions or other legal proceedings involving lands surveyed under this Act, evidence of the original map or plan and its contents. R.S., 1985, c. L-6, s. 48; 1994, c. 41, s. 38. Who may take affidavits, etc. 49. Unless otherwise provided in this Act, any oath, affidavit, declaration or solemn affirmation required to be taken under this Act may be taken before any judicial officer, notary public, commissioner for taking affidavits or Canada Lands Surveyor or before any other person thereunto authorized by the Minister. R.S., c. L-5, s. 63; 1976-77, c. 30, s. 36. Minister may require sworn statements 50. The Minister may require any statement made in respect of surveys under this Act to be verified by oath, affidavit, declaration or solemn affirmation. R.S., c. L-5, s. 64. Offences and Punishment Failure to appear as a witness 51. Every person who refuses or fails to appear before a surveyor and against whom a warrant is issued under subsection 20(5) is guilty of an offence punishable on summary conviction. R.S., c. L-5, s. 65; 1976-77, c. 30, s. 37. Molesting surveyor 52. Every person who interrupts, molests or hinders a surveyor in the performance of his duties with respect to a survey under this Act is guilty of an offence punishable on summary conviction. R.S., c. L-5, s. 66; 1976-77, c. 30, s. 37. Defacing monuments 53. (1) Every person who, knowingly and wilfully, pulls down, alters, defaces or removes any monument erected, planted or placed by a surveyor in carrying out his duties under this Act or the Dominion Lands Surveys Act (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years, or (b) is guilty of an offence punishable on summary conviction and, in addition, is liable to payment of all costs in connection with the restoration or re-establishment of the monument by a surveyor under instructions from the Surveyor General. Defacing monuments inadvertently (2) Every person who inadvertently pulls down, alters, defaces or removes any monument erected, planted or placed by a surveyor in carrying out his duties under this Act or the Dominion Lands Surveys Act is liable to payment of all costs in connection with the restoration or re-establishment of the monument by a surveyor under instructions from the Surveyor General. Unlawful possession of monuments (3) Every person who, knowingly and wilfully, has in his possession or custody any monument is guilty of an offence punishable on summary conviction. Exception (4) This section does not apply to the alteration, removal, possession and custody of monuments by any surveyor authorized to carry out surveys under this Act or by other persons with the permission of such surveyor or who otherwise necessarily handle such monuments in connection with surveys under this Act. R.S., c. L-5, s. 67; 1976-77, c. 30, s. 38. Person who poses as Canada Lands Surveyor 54. Every person, other than a Canada Lands Surveyor, who (a) uses the title "Canada Lands Surveyor", uses any addition to or abbreviation of that title, or uses any words, name or designation that will lead to the belief that he is a Canada Lands Surveyor, or (b) advertises, holds himself out or conducts himself in any way or by any means as a Canada Lands Surveyor is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both. 1976-77, c. 30, s. 39. AMENDMENTS NOT IN FORCE - 1993, c. 28, s. 78 (Sch. III, ss. 100 to 105): 100. The definition "Commissioner" in subsection 2(1) is amended by striking out the word "and" at the end of paragraph (a) thereof, by adding the word "and" at the end of paragraph (b) thereof and by adding thereto the following paragraph: (c) in respect of the lands referred to in subsection 49(1) of the Nunavut Act, the Commissioner of Nunavut; 101. Section 22 is repealed and the following substituted therefor: Surveys made by Canada Lands Surveyor under other legislation 22. Sections 17 to 21 and 23 apply, with such modifications as the circumstances require, to surveys under any other Act of Parliament, any regulation made thereunder, any ordinance of the Yukon Territory or the Northwest Territories or any law made by the Legislature for Nunavut or continued by section 29 of the Nunavut Act where the Act, regulation, ordinance or law requires the surveys to be made by a Canada Lands Surveyor. 102. All that portion of paragraph 24(1)(a) preceding subparagraph (i) thereof is repealed and the following substituted therefor: (a) any lands belonging to Her Majesty in right of Canada or of which the Government of Canada has power to dispose that are situated in the Yukon Territory, the Northwest Territories, Nunavut or in any National Park of Canada and any lands that are 103. Subsection 32(2) is repealed and the following substituted therefor: Roads, etc., to be public highways (2) With respect to Canada Lands situated in the Yukon Territory, the Northwest Territories or Nunavut, all allowances laid out in surveys of roads, streets, lanes or commons in any city, town, village or settlement shall be public highways or commons. 104. The definition "territorial lands" in section 34 is repealed and the following substituted therefor: "territorial lands" « terres territoriales » "territorial lands" means any lands situated in the Yukon Territory, the Northwest Territories or Nunavut. 105. (1) Paragraph 41(2)(c) is repealed and the following substituted therefor: (c) that any person to whom the notice of decision is mailed has a right of appeal from the decision to the Supreme Court of the Yukon Territory, of the Northwest Territories or of Nunavut, as the case may be, within sixty days after the date of the notice; and (2) Subsection 41(4) is repealed and the following substituted therefor: Who may appeal (4) Any person to whom a notice of decision is mailed under this section may, within sixty days after the date of the notice of decision and if within that time the person serves the Minister or the Commissioner with a notice of appeal, appeal from the decision of the Minister or the Commissioner to the Supreme Court of the Yukon Territory, of the Northwest Territories or of Nunavut, as the case may be.