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Bulletin information:

Issue Date: December 20, 2010
Legislation: Land Titles Act

Bulletin content:

Original Road Allowances (i.e. shore Road Allowances, side Road Allowances, and Concession Road Allowances), Colonization Roads, Northern Development Department Roads, Road Allowances in front of Crown Locations or Crown Lands subdivision lots, and roads ‘excepted’ in a patent may be under the jurisdiction of a municipal road authority.

The purpose of this Bulletin is to set out the process for a municipality to be entered as the owner of such roads, or portions thereof, in the land titles system where there is no existing parcel or PIN. This process is generally initiated where the municipality is planning to close the road and transfer it to the adjacent owner.

A reference plan of the portion(s) of the road the Municipality intends to deal with is required to be prepared in the land titles system. No PIN will be shown in the schedule or on the face of the plan for the subject lands. The reference plan will only be recorded in the Reference Plan Index. In situations where a pre-existing reference plan deposited under the Registry Act prior to automation and conversion of the Registry Act records exists, it is acceptable to use this plan for description purposes. An existing reference plan may contain other lands provided the road under application has a separate PART.

If the Municipality requires the road to be closed, the closing By-law must use a Reference Plan description when referring to the road allowance or portion thereof to be closed.

To establish a LTCQ parcel in the name of the municipality an application must be made to the Land Registrar requesting to be entered as owner of the land. The application must be supported by the following material:

  • A statement setting out that the municipality has jurisdiction over the road under the Municipal Act, 2001 or other legislation and be signed by a solicitor with a solicitor identification statement (e.g. "I, J. R. Black, Solicitor,…”)
  • The registration number of the closing By-law passed by the municipality (if applicable);
  • Such other information or material related to the title of the applicant as the Land Registrar specifies;
  • The appropriate registration fee.

Should the applicant municipality prefer that the new parcel be created with a land titles absolute qualifier, the following additional statement is required:

  • The portion of the original road in the application has never been patented by the Crown and has not been closed for a period of ten years or more.

An Application for First Registration under the Land Titles Act may be required if warranted by the circumstances. Each situation will be reviewed on its own merit on a case by case basis.

If you require further information on this procedure, please contact the appropriate Assistant Examiner of Surveys.

Original signed by:

Katherine M. Murray, Director of Titles