Registry Act
Loi sur l’enregistrement des actes
ONTARIO REGULATION 43/96
SURVEYS, PLANS AND DESCRIPTIONS OF LAND
Historical version for theperiod May 5, 2001 to August 31, 2011.
Last amendment: O.Reg. 50/01.
This Regulation is made in English only.
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CONTENTS
SectionsPART I / INTERPRETATION AND APPLICATION / 1-3
PART II / PLANS — GENERAL / 4-13.1
PART III / STRATA PLANS / 14-16
PART IV / REFERENCE PLANS / 17-21
PART V / PLANS OF SUBDIVISION / 22-28
PART VI / EXPROPRIATION PLANS / 29-37
PART VII / MUNICIPAL PLANS / 38-43
PART VIII / PROPERTIES AND PROPERTY MAPS / 44-48
PART IX / CORRECTION OF PLANS / 49
PART X / SKETCHES TO ILLUSTRATE DESCRIPTIONS / 50
PART XI / PLANS TO ILLUSTRATE DESCRIPTIONS / 51
PART XII / DESCRIPTIONS OF LAND / 52-68
Schedule 1 / (section 45)
Schedule 2 / (section 64)
Form 1 / Surveyor’s certificate (subsection 9 (2) of the regulation)
Form 2 / Schedule (clause 20 (1) (e), subsection 20 (3), section 35 and subsection 41 (1) of the regulation)
Form 3 / Examiner’s approval (section 12 of the regulation)
Form 4 / Certificate of registration (section 13, clause 16 (j), section 26 and subsection 36 (2) of the regulation)
Form 5 / Surveyor’s certificate (clause 16 (1) (h) of the regulation)
Form 6 / Reference plan receipt (subclause 16 (1) (k) (i), clauses 20 (1) (c), (d) and (e) and clause 21 (5)(a) of the regulation)
Form 7 / Requisition for deposit of a reference plan (subclause 16 (1) (k) (ii) and clause 20 (1) (d) of the regulation)
Form 8 / Surveyor’s certificate (subsection 19 (4) and clause 19 (5) (a) of the regulation)
Form 9 / Owner’s certificate — plan of subdivision (clause 24 (a) of the regulation)
Form 10 / (clause 24 (b) of the regulation)
Form 11 / Plan document (clause 25 (1) (a) of the regulation)
Form 12 / Consent of chargee or mortgagee (clause 25 (1) (b) of the regulation)
Form 13 / Certificate of clerk and head of municipality (subsection 42 (5) of the regulation)
Form 14 / Application to correct a plan (subsection 49 (3) of the regulation)
Form 15 / Certificate of correction (subsection 49 (9) of the regulation)
PART I
INTERPRETATION AND APPLICATION
1.(1)In this Regulation,
“deposited” means deposited under the Registry Act or the Land Titles Act;
“expropriating authority” means the Crown or any person empowered by statute to expropriate land;
“expropriation plan” means a plan under the Expropriations Act or a predecessor of that Act;
“land registrar” includes a land registrar appointed under the Land Titles Act;
“Land Registrar’s Compiled Plan” means a plan prepared and registered under subsection 83 (1) of the Registry Act;
“local description” means a description made in accordance with sections 53 to 63;
“lot” means a lot or any other area defined and designated by an original survey or by a registered plan;
“monument” includes any monument referred to in Ontario Regulation 525/91 under the Surveys Act and any other thing, device or object used to mark or witness a boundary of surveyed lands;
“municipal plan” means a plan prepared under section 91 of the Registry Act;
“original survey” has the same meaning as in section 1 of the Surveys Act;
“property map” means a map prepared and maintained under subsection 21 (3) or (4) of the Registry Act or subsection 141 (3) or (4) of the Land Titles Act;
“reference plan” means a plan deposited under section 150 of the Land Titles Act or section 80 or 81 of the Registry Act and includes any other plan deposited as a reference plan;
“registered” means registered under the Registry Act or the Land Titles Act;
“subdivision unit” means,
(a)a lot shown on the original plan of an original survey and includes a section, block, gore, reserve, common, mining location or mining claim, or
(b)a lot, block, part or other unit of land shown on a plan registered or deposited under the Registry Act or the Land Titles Act. O.Reg. 43/96, s.1(1).
(2)For the purposes of this Regulation, a survey of property is a current survey if, at the time a plan based on that survey is submitted to the land registrar or the examiner of surveys,
(a)both the survey and plan comply with the applicable requirements of the statutes and regulations; and
(b)the survey monuments on the property are in place and correctly shown on the plan and no changes to the plan are necessary, as confirmed by a search of the land registry office records for the documentary evidence required by clause 3 (a) of Ontario Regulation 42/96. O.Reg. 43/96, s.1(2).
2.This Regulation applies to instruments and plans that are to be registered or deposited under the Registry Act or the Land Titles Act and that are executed on or after the day this Regulation comes into force. O.Reg. 43/96, s.2; O.Reg. 50/01, s.1.
3.(1)This Regulation does not apply to,
(a)a plan under the Navigable Waters Protection Act (Canada);
(b)a preliminary plan authorized by an Act of Canada or Ontario;
(c)an order under section 7, 29, 36, 37, 40, 41 or 42 of the Public Transportation and Highway Improvement Act;
(d)a deed or a transfer given by the Director under the Veterans’ Land Act (Canada) if the instrument by which the Director acquired title was registered before July 1, 1964, and if the deed or transfer includes all the land described in the instrument by which the Director acquired title;
(e)a plan illustrating a gas storage area designated under the Ontario Energy Board Act;
(f)a plan to illustrate land to be expropriated under an Act of Canada if the expropriating authority undertakes to register, either separately or as a part of an instrument, a plan of survey of the land so expropriated;
(g)a sketch under subsection 81 (2) of the Act;
(h)an agreement under the Forestry Act;
(i)an Index Plan under section 148 of the Land Titles Act;
(j)a Land Registrar’s Compiled Plan;
(k)an order of the Ontario Municipal Board referred to in section 68 of the Act;
(l)a property map;
(m)a plan, on which a surveyor’s name appears, to be registered as attached to an instrument or deposited as attached to a document; or
(n)architectural plans or structural plans mentioned in clause 8 (1) (b) or 157 (1) (b) of the Condominium Act, 1998. O.Reg. 43/96, s.3(1); O.Reg. 50/01, s.2.
(2)Despite clause (1) (b),
(a)section 6, subsection 7 (1), clauses 9 (1) (a), (c), (d) and (e) and subsections 9 (4), (5) and (6) apply to,
(i)Preliminary Assumption Plans under subsection 8 (2) of the Public Transportation and Highway Improvement Act,
(ii)preliminary plans under subsection 9 (5) of the Expropriations Act; and
(b)subsection 31 (3) and sections 32 and 36 apply to preliminary plans under subsection 9 (5) of the Expropriations Act. O.Reg. 43/96, s.3(2).
(3)Despite clause (1) (c), section 64 applies to orders under the Public Transportation and Highway Improvement Act listed in that clause. O.Reg. 43/96, s.3(3).
(4)Despite clause (1) (g), section 50 applies to sketches under subsection 81 (2) of the Act. O.Reg. 43/96, s.3(4).
(5)Despite clause (1) (j), sections 6 and 49 apply to Land Registrar’s Compiled Plans. O.Reg. 43/96, s.3(5).
(6)Despite clause (1) (l), sections 45 to 48 apply to property maps. O.Reg. 43/96, s.3(6).
(7)Despite clause (1) (m), subsection 6 (5) and section 51 apply to plans, on which a surveyor’s name appears, which are to be registered as attached to an instrument or deposited as attached to a document. O.Reg. 43/96, s.3(7).
PART II
PLANS — GENERAL
4.Except as otherwise provided, this Part applies to all plans that are to be registered or deposited and to all amendments to plans prepared under the Condominium Act, 1998 or a predecessor of it. O.Reg. 50/01, s.3.
5.(1)Subject to subsection 6 (5) and subsections 19 (2) and (3), plans that are to be submitted for registration or deposit shall comply with,
(a)this Act, or the Land Titles Act if the plan was prepared under that Act, and this Regulation;
(b)the Surveys Act and the regulations made under it;
(c)the Act and the regulations under which the plan was prepared; and
(d)the Surveyors Act and the regulations made under it. O.Reg. 43/96, s.5(1).
(2)If there is a conflict between the Acts or regulations specified in clause (1) (a), (b), (c) or (d), the provisions of this Act, or of the Land Titles Act if the plan was prepared under that Act, and of this Regulation prevail. O.Reg. 43/96, s.5(2).
6.(1)Before registration or deposit, a plan shall be submitted to the examiner of surveys for approval if,
(a)the Act or regulation under which the plan was prepared requires the approval of the examiner of surveys;
(b)the examiner of surveys requires the plan to be submitted for approval; or
(c)the land registrar requests the approval of the examiner of surveys after the plan is submitted to the land registrar for registration under section 7. O.Reg. 43/96, s.6(1).
(2)Despite subsection (1), the approval of the examiner of surveys is not required with respect to a plan of public lands prepared under the Public Lands Act and signed by the Surveyor General of Ontario or an official authorized by the Surveyor General of Ontario. O.Reg. 43/96, s.6(2).
(3)If a plan is submitted to the examiner of surveys for approval under subsection (1), the examiner shall approve the plan and endorse the approval on it if satisfied that the survey and the plan meet the requirements under the applicable acts or regulations referred to in subsection 5 (1). O.Reg. 43/96, s.6(3).
(4)Despite subsection (3), the examiner of surveys may rely solely on a certificate of a surveyor in approving a plan but if a plan is so approved, the examiner shall endorse on it that it is approved under this subsection. O.Reg. 43/96, s.6(4).
(5)The examiner of surveys may approve a plan for the purpose of registration or deposit, either separately or as attached to an instrument or document, although the plan does not strictly comply with the requirements of the applicable acts or regulations referred to in subsection 5 (1). O.Reg. 43/96, s.6(5).
(6)If the approval of the examiner of surveys is required under subsection (1), the person submitting the plan shall submit the plan to the examiner for an initial approval and shall submit,
(a)three paper prints of the plan, signed by the surveyor;
(b)a paper print of every registered or deposited plan that shows lands included in the plan or that shows lands adjoining the lands included in the plan;
(c)notes of a search of the title of the lands included in the plan showing all the boundary-related information respecting the land, and certified by the surveyor as being current to the date of the plan;
(d)computations that show verification of all curve data, tangentiality and closures with respect to the perimeter of the land surveyed and the limits of each new subdivision unit designated on the plan; and
(e)if requested by the examiner, a certified copy of the field notes.
(f)Revoked: O.Reg. 50/01, s.4.
O.Reg. 43/96, s.6(6); O.Reg. 50/01, s.4.
(7)Once the plan has been approved under subsection (6), the plan may be submitted to the examiner of surveys for final approval and the person submitting the plan for final approval shall submit,
(a)the original plan;
(b)a paper print of the plan with the plan submission form of the Association of Ontario Land Surveyors attached, as required by subsection 7 (3);
(c)the person’s duplicate plan, if any;
(d)if the plan is a reference plan, the paper prints of the plan as required by subsections 21 (1) and (2);
(e)if the plan is a plan of subdivision or a municipal plan, the duplicates and paper prints of the plan as required by clauses 25(1) (c) and (d) or subsection 42 (1); and
(f)if the plan is an expropriation plan, the paper prints of the plan as required by subsection 36 (1). O.Reg. 43/96, s.6(7).
(8)Upon receipt of the materials specified in subsection (7) and upon final approval of the plan being granted under this section, the examiner of surveys shall endorse approval on the plan and shall forward the approved plan, duplicates, if any, prints and plan submission form to the land registry office where the plan is to be registered or deposited. O.Reg. 43/96, s.6(8).
(9)No plan that is required to be submitted to the examiner of surveys for approval under this section shall be registered or deposited without the approval of the examiner endorsed on it. O.Reg. 43/96, s.6(9).
7.(1)A person who is submitting a plan for registration or deposit, other than a plan described in clause 6 (1) (a) or (b), shall submit it to the land registry office where the plan is to be registered or deposited. O.Reg. 43/96, s.7(1).
(2)In addition to the paper prints required by subsections (3), 21 (1) and (2) and clause 25 (1) (d) and clause 36 (1) (b), a person submitting a plan under subsection (1) shall also submit,
(a)one paper print of the plan signed by the surveyor;
(b)if the plan is submitted for registration under the Condominium Act, 1998 or a predecessor of it, two copies of the proposed declaration, and
(c)if the plan is submitted for registration or deposit under the Land Titles Act,
(i)a paper print of every registered or deposited plan that shows the land included in the plan or that shows lands adjoining the lands included in the plan, and
(ii)a photocopy of the parcel register of the lands included in the plan certified by the surveyor as being current to the date of the plan. O.Reg. 43/96, s.7(2); O.Reg. 50/01, s.5.
(3)A plan certified by a surveyor after December 31, 1985 and submitted under subsection (1) shall be accompanied by a paper print of the plan, signed by the surveyor, which has attached to it a plan submission form of the Association of Ontario Land Surveyors. O.Reg. 43/96, s.7(3).
8.Subsection 7 (1) and clause 7 (2) (a) do not apply to a description within the meaning of the Condominium Act, 1998 or a predecessor of it. O.Reg. 50/01, s.6.
9.(1)A plan shall,
(a)be drawn on translucent linen or on translucent plastic material that, in the opinion of the examiner of surveys, is of durable quality and will not crack or break;
(b)be rectangular and not exceed 915 millimetres by 1500 millimetres;
(c)be prepared to a drafting standard that in the opinion of the examiner of surveys will permit legible and accurate copies to be made from it;
(d)not consist of more than one sheet, except for a plan prepared under the Condominium Act, 1998 or a predecessor of it and a strata plan prepared under Part III; and
(e)not include any notes, words or symbols that indicate that the right to make or distribute copies is in any way restricted. O.Reg. 43/96, s.9(1); O.Reg. 50/01, s.7(1).
(2)Except for a Land Registrar’s Compiled Plan or a plan prepared under the Condominium Act, 1998, and subject to subsections 19 (4) and (5), a plan shall not be registered or deposited unless it is certified by the surveyor in Form 1. O.Reg. 43/96, s.9(2); O.Reg. 50/01, s.7(2).
(3)A translucent duplicate of a plan signed by the Surveyor General of Ontario, or an official designated by him or her made on linen or on plastic material that, in the opinion of the examiner of surveys, is of durable quality and will not crack or break may be registered or deposited instead of the original plan. O.Reg. 43/96, s.9(3).
(4)Despite clause (1) (a), a plan may be in whole or in part a photographic reproduction on plastic material that, in the opinion of the examiner of surveys, is of durable quality and will not crack or break, but all additions to the photographic reproduction shall be in black adhesion type ink, and signatures shall not be reproductions. O.Reg. 43/96, s.9(4).
(5)An original plan or a translucent duplicate of a plan to be retained in the custody of a land registrar shall not be folded. O.Reg. 43/96, s.9(5).
(6)The title, legend and margin and any applicable certificates and forms prescribed by the regulations under which the plan is prepared may be pre-printed on a plan in a manner that is permanent and, in the opinion the examiner of surveys, permits accurate and legible copies of the plan to be made. O.Reg. 43/96, s.9(6).
(7)The consent of the Minister of Municipal Affairs required under the Planning Act or, if the authority to give consent has been delegated to a person or body, the consent of that person or body may be stamped on a plan. O.Reg. 43/96, s.9(7).
10.(1)On a plan each new subdivision unit shall be designated by a number, by words or by both and, if designated by numbers, the units shall be numbered consecutively beginning with the number 1. O.Reg. 43/96, s.10(1).
(2)On a plan, a new subdivision unit shall not be designated,
(a)by the same number or words as any other new subdivision unit on the same plan;
(b)as a “parcel”;
(c)as a “PART” except on an expropriation plan, a plan under the Boundaries Act, a reference plan or a plan prepared under the Public Transportation and Highway Improvement Act; and
(d)as a “unit” except on a plan forming part of a description within the meaning of the Condominium Act, 1998 or a predecessor of it. O.Reg. 43/96, s.10(2); O.Reg. 50/01, s.8.
(3)Vincula shall not be used in the designation of new subdivision units. O.Reg. 43/96, s.10(3).
11.Except as required under any Act and subject to subsection 19 (5), a plan shall not contain information describing the purpose for which any portion of the land on the plan is intended to be used. O.Reg. 43/96, s.11.
12.If the approval of the examiner of surveys is required to be endorsed on a plan, an approval block in Form 3 near the upper right corner of the plan shall be included on the plan. O.Reg. 43/96, s.12.
13.If a plan is prepared for registration, a certificate of registration in Form 4 shall be included on the plan in the upper right corner. O.Reg. 43/96, s.13.
13.1Sections 12 and 13 do not apply to plans prepared by a surveyor for descriptions under the Condominium Act, 1998 or a predecessor of it. O.Reg. 50/01, s.9.
PART III
STRATA PLANS
14.This Part applies to three-dimensional plans, otherwise known as strata plans, that meet the requirements of section 16 but does not apply to plans prepared under the Condominium Act, 1998 or a predecessor of it. O.Reg. 43/96, s.14; O.Reg. 50/01, s.10.
15.If structures have been adopted as the survey monuments under subsection 11 (8) of Ontario Regulation 525/91, sufficient detail must be shown on the plan so that the boundaries of the subdivision units defined by these structures are determinable, both horizontally and vertically, from the information shown on the plan without the support of any structural or other plans. O.Reg. 43/96, s.15.
16.(1)A strata plan shall,
(a)consist of one or more sheets;
(b)include horizontal sections and vertical sections, and, if necessary, perspective drawings to illustrate fully the boundaries of the subdivision units;
(c)show elevations on all horizontal and vertical sections at the boundaries of the subdivision units and at the beginning and end of sloping planes;
(d)show the location, elevation, datum and origin of the bench marks from which the elevations have been derived;
(e)contain a schedule relating the new subdivision units to the horizontal sections, vertical sections and the sheet locations;
(f)illustrate all structures adopted as survey monuments under subsection 11 (8) of Ontario Regulation 525/91;
(g)show the plan sheet number and the total number of plan sheets on each plan sheet near the upper right corner of each sheet;
(h)if structures have been adopted as survey monuments, be certified by a surveyor using a certificate in Form 5 on sheet 1;
(i)be certified by the surveyor using a certificate in Form 1 on sheet 1;
(j)if the plan is prepared for registration, include a certificate of registration in Form 4 in the upper right corner of each sheet; and
(k)if the plan is prepared for deposit, include,
(i)a receipt in Form 6 in the upper right corner of each sheet, and
(ii)a requisition for deposit in Form 7 signed by the depositor on each sheet. O.Reg. 43/96, s.16(1).
(2)A strata plan shall be prepared from a current survey. O.Reg. 43/96, s.16(2).
PART IV
REFERENCE PLANS
17.This Part applies to plans that are to be deposited as reference plans. O.Reg. 43/96, s.17.
18.A plan that meets the requirements of sections 19 and 20, including a plan under section 150 of the Land Titles Act and sections 80 and 81 of the Registry Act, may be deposited as a reference plan. O.Reg. 43/96, s.18.