Acts and Regulations

C-38.1 - Crown Lands and Forests Act

Full text
Order discontinuing ownership
16(1)Where the Crown has reserved the ownership of a strip or portion of land out of a grant or conveyance along a river or lake by virtue of any predecessor of this Act, or has not granted a similar strip or portion between land that has been granted and a river or lake, the Minister may make an order discontinuing the ownership by the Crown of such a strip or portion above the normal high water mark.
16(2)The Minister shall, within sixty days after the making of an order under subsection (1), register the order in the registry office for the county in which the strip or portion of land is located, and upon registration such strip or portion shall, subject to subsection (3), be deemed to be part of the grant or conveyance from which it was reserved or to which it is adjacent.
16(3)The discontinuance by the Crown of the ownership of a strip or portion of land under subsection (1) does not vest in the grantee of the adjacent land or his successors in title
(a) any right, title or interest in or to the bed of the river or lake below the normal high water mark, or
(b) the rights of fishing and fishery,
and any right or interest in the land is subject to a right in the general public to freely pass and repass on foot along the bank within a distance of ten metres measured horizontally from the normal high water mark of such river or lake.
1983, c.24, s.7; 1986, c.27, s.5; 2001, c.14, s.1
Order discontinuing ownership by the Minister
16(1)Where the Crown has reserved the ownership of a strip or portion of land out of a grant or conveyance along a river or lake by virtue of any predecessor of this Act, or has not granted a similar strip or portion between land that has been granted and a river or lake, the Minister may make an order discontinuing the ownership by the Crown of such a strip or portion above the normal high water mark.
16(2)The Minister shall, within sixty days after the making of an order under subsection (1), register the order in the registry office for the county in which the strip or portion of land is located, and upon registration such strip or portion shall, subject to subsection (3), be deemed to be part of the grant or conveyance from which it was reserved or to which it is adjacent.
16(3)The discontinuance by the Crown of the ownership of a strip or portion of land under subsection (1) does not vest in the grantee of the adjacent land or his successors in title
(a) any right, title or interest in or to the bed of the river or lake below the normal high water mark, or
(b) the rights of fishing and fishery,
and any right or interest in the land is subject to a right in the general public to freely pass and repass on foot along the bank within a distance of ten metres measured horizontally from the normal high water mark of such river or lake.
1983, c.24, s.7; 1986, c.27, s.5; 2001, c.14, s.1