Subdivision plan for roads and streets
87(1)If a subdivision plan of land in a rural community that has not made a by-law under section 10 of the
Local Governance Act with respect to the service of roads and streets provides for the laying out of public or future streets or a subdivision plan of land not in a municipality provides for the laying out of public or future streets, approval of the plan by the development officer shall not be given until the plan has been assented to by the Minister of Transportation and Infrastructure.
87(1.1)If a subdivision plan of land provides for the laying out of public or future streets in an area of a municipality where the roads, streets or highways are under the control of the Minister of Transportation and Infrastructure and have not vested in the municipality under the provisions of section 32 of the
Highway Act, approval of the plan by the development officer shall not be given until the plan has been assented to by that Minister.
87(2)The assent of the Minister of Transportation and Infrastructure under this section shall not be given until,
(a)
the regional service commission or the advisory committee, as the case may be, has recommended the location of the streets referred to in subsection (1) or (1.1) to the Minister of Transportation and Infrastructure;
(b)
if the installation of a water or sanitary sewer system, or both, is proposed to provide a water or sanitary sewer service to lots in the subdivision, an agreement, as required by the Minister of Local Government, has been entered into with respect to the installation or operation of the system and
(i)
the system has been installed under the supervision of a person designated by the Minister, in accordance with the plan for the system as approved by all authorities required by an Act or regulation to approve the plan, or
(ii)
a bond, money or a certified cheque, in a form and amount satisfactory to the Minister, has been deposited with the Minister or at the Minister’s direction to guarantee the installation of the system in accordance with the plan mentioned in subparagraph (i) or the installation or operation of the system in accordance with an agreement with respect to the plan,
(c)
if streets are to be public,
(i)
the streets have been constructed under the supervision of a person designated by the Minister of Transportation and Infrastructure in accordance with standards approved by that Minister, or
(ii)
a bond satisfactory to the Minister of Transportation and Infrastructure has been deposited to guarantee the construction of the streets in accordance with standards approved by that Minister, and
(d)
if the requirements of paragraph (
b) have been satisfied, the Minister of Local Government or a person designated by that Minister for that purpose so certifies on the face of the plan.
87(2.1)The Minister of Local Government or a person designated by that Minister may enter into an agreement referred to in paragraph (2)(b) with a person proposing to subdivide land and the agreement
(a)
shall not become effective until certified copies of the agreement are filed in the land registration office, and
(b)
when registered in the land registration office, is binding on a subsequent owner of the land in respect of which the agreement is made until discharged by the Minister.
87(3)The assent of the Minister of Transportation and Infrastructure under this section shall be signed by that Minister or a person designated by that Minister for that purpose and the assent shall be endorsed on the face of the subdivision plan.
87(4)The filing of a separate document in the land registration office purporting to be an assent under this section shall be noted on the relevant subdivision plan by the registrar and, on filing, the land indicated on the subdivision plan as streets vests in the Crown in the manner set out in subsection (5).
87(5)Subject to subsection (8), if a subdivision plan has been assented to by the Minister of Transportation and Infrastructure and approved by the development officer, the land indicated on the plan as streets vests, on the filing of the plan in the land registration office, in the Crown in the following manner:
(a)
land indicated on the plan as a public street vests, free from any lien or encumbrance, as a highway under the
Highway Act, and
(b)
land indicated on the plan as a future street vests, free from any lien or encumbrance, as property acquired for highway purposes under the
Highway Act.
87(6)If a subdivision plan has been assented to by the Minister of Transportation and Infrastructure and approved by the development officer, the easements designated on the plan in accordance with the regulations vest the rights prescribed by regulation, on the filing of the plan in the land registration office,
(b)
in the public utility indicated on the face of the plan.
87(7)For the purposes of paragraphs (6)(
b) and 88(7)(
b), “public utility” means a person owning, operating, managing or controlling an undertaking for the supply of electricity, gas or telephone service.
87(8)If the requirements of subparagraph (2)(
b)(i) have been satisfied in respect of a water or sanitary sewer system, or both, and certified under paragraph (2)(
d),
(a)
the Minister shall file in the land registration office a document signed by the Minister stating that the Minister accepts on behalf of the Crown the system as certified, and
(b)
on the filing of the document in the land registration office, the system as certified, together with the land on or within which the system was installed, as shown on the plan referred to in the document, vests in the Crown as represented by the Minister, free from any lien or encumbrance, whenever created, but this paragraph shall be deemed not to affect the administration and control of land that is vested in the Crown under subsection (5) as a highway or for highway purposes.
87(9)A document referred to in subsection (8) shall be received and filed by the registrar without acknowledgement or proof of the signature of the Minister and, on filing in the land registration office, the registrar shall endorse on the plan referred to in the document that the document was filed.
2020, c.25, s.29; 2021, c.44, s.1; 2022, c.56, s.1; 2023, c.40, s.15