79(1)The following definition applies in this section:
“filed subdivision plan” means a plan of subdivision(plan de lotissement déposé)
(a)
approved by a development officer under this Act and filed in the land registration office, or
(b)
filed in the land registration office if there was no subdivision by-law or regulation under this Act applicable to the land referred to in the plan.
79(2)If a filed subdivision plan indicates that a parcel of land was created for the purpose of being added to an adjoining parcel,
(a)
the adjoining parcels constitute one parcel for purposes of subdivision, if the conveyance to effect that end has taken place, and
(b)
the parcel created is not to be developed as a separate parcel if the conveyance to effect that purpose has not taken place, but it may be added to another adjoining parcel within the subdivision for purposes of a development.
79(3)Subject to this section, no person shall subdivide land affected by a subdivision by-law or regulation under this Act by any means other than a filed subdivision plan, except to the extent that the subdivision is exempted under section 80.
79(4)If a person subdivides land referred to in subsection (3) in violation of the provisions of that subsection, an instrument in respect of the land shall not be approved under clause 77(1)(l)(i)(A) until the violation has been rectified.
79(5)This section does not apply to
(a)
the subdividing of a building or structure, or
(b)
the transfer, without further subdividing, of an interest in
(i)
a remnant of a parcel of land out of which the land included in a filed subdivision plan formed a part,
(ii)
a remnant of a parcel of land described in an instrument exempted under section 80 and filed in the land registration office, or
(iii)
a parcel of land that is the subject matter of a separate deed or a separate description in a deed of two or more parcels, if the deed was registered in the land registration office before a subdivision by-law or regulation affecting the land was made under this Act.
79(6)Every instrument transferring an interest in a parcel of land appearing on and created by a filed subdivision plan, or in a remnant described in subsection (5), shall
(a)
refer to the plan by its name and registration data, or to the exempted instrument by its registration data,
(b)
in the case of the parcel,
(i)
identify it by its identifying numbers or letters on the plan, and
(ii)
except or reserve an easement shown on the plan that affects the parcel, and
(c)
in the case of a remnant, state that the land is a remnant of the land of which the subdivision or the land described in the exempted instrument formed a part.
79(7)Failure to comply with subsection (6) does not invalidate the instrument.
79(1)The following definition applies in this section:
“filed subdivision plan” means a plan of subdivision(plan de lotissement déposé)
(a)
approved by a development officer under this Act and filed in the land registration office, or
(b)
filed in the land registration office if there was no subdivision by-law or regulation under this Act applicable to the land referred to in the plan.
79(2)If a filed subdivision plan indicates that a parcel of land was created for the purpose of being added to an adjoining parcel,
(a)
the adjoining parcels constitute one parcel for purposes of subdivision, if the conveyance to effect that end has taken place, and
(b)
the parcel created is not to be developed as a separate parcel if the conveyance to effect that purpose has not taken place, but it may be added to another adjoining parcel within the subdivision for purposes of a development.
79(3)Subject to this section, no person shall subdivide land affected by a subdivision by-law or regulation under this Act by any means other than a filed subdivision plan, except to the extent that the subdivision is exempted under section 80.
79(4)If a person subdivides land referred to in subsection (3) in violation of the provisions of that subsection, an instrument in respect of the land shall not be approved under clause 77(1)(l)(i)(A) until the violation has been rectified.
79(5)This section does not apply to
(a)
the subdividing of a building or structure, or
(b)
the transfer, without further subdividing, of an interest in
(i)
a remnant of a parcel of land out of which the land included in a filed subdivision plan formed a part,
(ii)
a remnant of a parcel of land described in an instrument exempted under section 80 and filed in the land registration office, or
(iii)
a parcel of land that is the subject matter of a separate deed or a separate description in a deed of two or more parcels, if the deed was registered in the land registration office before a subdivision by-law or regulation affecting the land was made under this Act.
79(6)Every instrument transferring an interest in a parcel of land appearing on and created by a filed subdivision plan, or in a remnant described in subsection (5), shall
(a)
refer to the plan by its name and registration data, or to the exempted instrument by its registration data,
(b)
in the case of the parcel,
(i)
identify it by its identifying numbers or letters on the plan, and
(ii)
except or reserve an easement shown on the plan that affects the parcel, and
(c)
in the case of a remnant, state that the land is a remnant of the land of which the subdivision or the land described in the exempted instrument formed a part.
79(7)Failure to comply with subsection (6) does not invalidate the instrument.
79(1)The following definition applies in this section:
“filed subdivision plan” means a plan of subdivision(plan de lotissement déposé)
(a)
approved by a development officer under this Act and filed in the land registration office, or
(b)
filed in the land registration office if there was no subdivision by-law or regulation under this Act applicable to the land referred to in the plan.
79(2)If a filed subdivision plan indicates that a parcel of land was created for the purpose of being added to an adjoining parcel,
(a)
the adjoining parcels constitute one parcel for purposes of subdivision, if the conveyance to effect that end has taken place, and
(b)
the parcel created is not to be developed as a separate parcel if the conveyance to effect that purpose has not taken place, but it may be added to another adjoining parcel within the subdivision for purposes of a development.
79(3)Subject to this section, no person shall subdivide land affected by a subdivision by-law or regulation under this Act by any means other than a filed subdivision plan, except to the extent that the subdivision is exempted under section 80.
79(4)If a person subdivides land referred to in subsection (3) in violation of the provisions of that subsection, an instrument in respect of the land shall not be approved under clause 77(1)(l)(i)(A) until the violation has been rectified.
79(5)This section does not apply to
(a)
the subdividing of a building or structure, or
(b)
the transfer, without further subdividing, of an interest in
(i)
a remnant of a parcel of land out of which the land included in a filed subdivision plan formed a part,
(ii)
a remnant of a parcel of land described in an instrument exempted under section 80 and filed in the land registration office, or
(iii)
a parcel of land that is the subject matter of a separate deed or a separate description in a deed of two or more parcels, if the deed was registered in the land registration office before a subdivision by-law or regulation affecting the land was made under this Act.
79(6)Every instrument transferring an interest in a parcel of land appearing on and created by a filed subdivision plan, or in a remnant described in subsection (5), shall
(a)
refer to the plan by its name and registration data, or to the exempted instrument by its registration data,
(b)
in the case of the parcel,
(i)
identify it by its identifying numbers or letters on the plan, and
(ii)
except or reserve an easement shown on the plan that affects the parcel, and
(c)
in the case of a remnant, state that the land is a remnant of the land of which the subdivision or the land described in the exempted instrument formed a part.
79(7)Failure to comply with subsection (6) does not invalidate the instrument.