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Boundaries Act

R.R.O. 1990, REGULATION 60


Consolidation Period: From October 13, 2020 to the e-Laws currency date.

Last amendment: 551/20.

Legislative History: 322/91, 278/92, 323/93, 427/11, 428/11, 83/18, 551/20.

This is the English version of a bilingual regulation.

1. (1) Revoked:  O. Reg. 427/11, s. 1.

(2) If the applicant in an application under the Act is a corporation, other than a municipal corporation, the application shall be signed by the proper officers of the corporation and have the seal of the corporation embossed thereon.  R.R.O. 1990, Reg. 60, s. 1 (2); O. Reg. 428/11, s. 1.

2. Where an application is made by the council of a municipality, it shall be supported by a copy of the by-law that authorizes the application.  R.R.O. 1990, Reg. 60, s. 2.

3. Where an application is made by an owner of an interest in a parcel, proof of such ownership shall be filed with the application.  R.R.O. 1990, Reg. 60, s. 3.

4. An application shall be accompanied by,

(a)  a copy of every existing plan of land that relates to the boundary or boundaries to be confirmed;

(b)  a copy of the field notes, if available, in respect of every plan referred to in clause (a);

(c)  a copy of the registered document under which title to every parcel adjoining the boundaries to be confirmed is held;

(d)  a copy of any other documentary evidence available to the applicant that relates to the position of the boundaries to be confirmed; and

(e)  a money order or cheque payable to the Minister of Finance in the amount of the fees prescribed by subsection 13 (1).  R.R.O. 1990, Reg. 60, s. 4.

5. When requested by the Director, the applicant shall submit a list of the names and addresses of the registered owners of all land adjoining the boundaries to be confirmed and sufficient copies of the plan of survey for the purpose of notice in accordance with section 7 of the Act.  R.R.O. 1990, Reg. 60, s. 5.

6. A land registrar shall receive such material relating to an application under the Act as the Director furnishes and shall retain the material and, without payment of any fee, make a copy available to the public until the certified plan has been registered, or until otherwise directed by the Director.  R.R.O. 1990, Reg. 60, s. 6; O. Reg. 551/20, s. 1.

7. A statement of objection filed under section 8 of the Act shall be supported by copies of all plans, field notes and documents on which the objector relies.  R.R.O. 1990, Reg. 60, s. 7.

8. Any notice of hearing required under the Act may be served by personal service or registered mail addressed to the address for service, if any, or if none, addressed to the last known address of the party or person to be served.  R.R.O. 1990, Reg. 60, s. 8.

9. (1) No person is entitled to recover his, her or its costs or expenses except under an order of the Director.  R.R.O. 1990, Reg. 60, s. 9 (1).

(2) Where the Director orders costs to be paid by or to a party, the costs may be assessed by the Director or an assessment officer of the Superior Court of Justice in accordance with the order.  R.R.O. 1990, Reg. 60, s. 9 (2); O. Reg. 428/11, s. 2.

10. Where, at the time of registration of a plan under the Act, the Director transmits to the land registrar an additional copy of the plan and so requests, the land registrar shall endorse the copy to show the particulars of registration of the plan and forward the copy to the clerk of the municipality in which the land affected by the plan is situate.  R.R.O. 1990, Reg. 60, s. 10.

11. Ontario Regulation 43/96 (Surveys, Plans and Descriptions of Land) made under the Registry Act applies with necessary modifications to surveys and plans made for the purpose of the Act. O. Reg. 83/18, s. 1.

12. (1) Any correction to a plan ordered by the Director under section 18 of the Act shall be carried out by the examiner of surveys appointed under section 14 of the Land Titles Act.  R.R.O. 1990, Reg. 60, s. 12 (1).

(2) The Director shall cause a copy of the order made under section 18 of the Act to be registered on title to the subject parcel and a note shall be placed on the plan or a copy of it registered under section 16 of the Act, indicating that the plan was “corrected under an order registered as number …” and indicating the registration number of the order. O. Reg. 83/18, s. 2.

(2.1) The note shall be in English or French, consistent with the language of the plan or the copy of it registered under section 16 of the Act. O. Reg. 83/18, s. 2.

(3) The examiner shall certify, in the required form, the correction on the plan or copy of it registered under section 16 of the Act.  O. Reg. 428/11, s. 3.

13. (1) The fee for an application for boundary confirmation is $410, plus $1 for each lot or parcel adjoining the boundary to be confirmed.  O. Reg. 323/93, s. 1.

(2) The fee for each copy of the recording of evidence under subsection 9 (2) of the Act is $25 plus $25 for each hour of recording or part thereof.  R.R.O. 1990, Reg. 60, s. 13 (2).

FormS 1, 2 Revoked:  O. Reg. 427/11, s. 2.