Acts and Regulations

2017, c.19 - Community Planning Act

Section 89
Disposition versions

Full text
Amendments to subdivision plan
89(1)A subdivision plan filed in the land registration office may be amended by a new subdivision plan, marked “Amending Subdivision Plan” and bearing the same name as the plan being amended, that indicates the manner in which the land affected by the amendment is proposed to be subdivided, and the new plan shall be dealt with in respect to approvals under this Act and filing in the land registration office in the same manner as other subdivision plans, except that an amending plan shall set out the date and registration data of the plan being amended.
89(2)If an amending subdivision plan is filed in the land registration office, the registrar shall endorse on the plan amended the fact of the amendment, the date and registration data of the amending plan and the name of the surveyor who certified the amending plan.
89(3)On the filing of an amending subdivision plan in the land registration office,
(a) if the plan has been assented to under section 87 and approved by the development officer, land indicated on the plan as being streets vests, free from any lien or encumbrance, in the Crown in the manner described in subsection 87(5),
(b) if the plan has been assented to under section 88 and approved by the development officer, land indicated on the plan as being streets or land for public purposes vests, free from any lien or encumbrance, in the local government in the manner described in subsection 88(6), and
(c) if the plan has been approved and signed by the Minister under subparagraph 125(11)(a)(ii) and approved by the development officer, land indicated on the plan as being land for a public purpose vests, free from any lien or encumbrance, in the Crown for that purpose.
89(4)If land indicated on a subdivision plan as being streets or land for a public purpose has vested in the Crown or a local government, but under an amending subdivision plan the land is to be used for other purposes,
(a) the new use of the land shall be indicated on the amending subdivision plan,
(b) if a street or part of a street is transferred, a copy of a certificate under section 33 the Highway Act to the effect that the street or part of the street is discontinued is provided to the development officer, and
(c) a document transferring ownership of the land supporting the new use of the land and, if applicable, the certificate referred to in paragraph (b) shall be provided to the registrar.
89(5)Land referred to in subsection (4) shall vest, free from any lien or encumbrance, in the new owner of the land on filing.
Amendments to subdivision plan
89(1)A subdivision plan filed in the land registration office may be amended by a new subdivision plan, marked “Amending Subdivision Plan” and bearing the same name as the plan being amended, that indicates the manner in which the land affected by the amendment is proposed to be subdivided, and the new plan shall be dealt with in respect to approvals under this Act and filing in the land registration office in the same manner as other subdivision plans, except that an amending plan shall set out the date and registration data of the plan being amended.
89(2)If an amending subdivision plan is filed in the land registration office, the registrar shall endorse on the plan amended the fact of the amendment, the date and registration data of the amending plan and the name of the surveyor who certified the amending plan.
89(3)On the filing of an amending subdivision plan in the land registration office,
(a) if the plan has been assented to under section 87 and approved by the development officer, land indicated on the plan as being streets vests, free from any lien or encumbrance, in the Crown in the manner described in subsection 87(5),
(b) if the plan has been assented to under section 88 and approved by the development officer, land indicated on the plan as being streets or land for public purposes vests, free from any lien or encumbrance, in the local government in the manner described in subsection 88(6), and
(c) if the plan has been approved and signed by the Minister under subparagraph 125(11)(a)(ii) and approved by the development officer, land indicated on the plan as being land for a public purpose vests, free from any lien or encumbrance, in the Crown for that purpose.
89(4)If land indicated on a subdivision plan as being streets or land for a public purpose has vested in the Crown or a local government, but under an amending subdivision plan the land is to be used for other purposes,
(a) the new use of the land shall be indicated on the amending subdivision plan,
(b) if a street or part of a street is transferred, a copy of a certificate under section 33 the Highway Act to the effect that the street or part of the street is discontinued is provided to the development officer, and
(c) a document transferring ownership of the land supporting the new use of the land and, if applicable, the certificate referred to in paragraph (b) shall be provided to the registrar.
89(5)Land referred to in subsection (4) shall vest, free from any lien or encumbrance, in the new owner of the land on filing.