Acts and Regulations

C-38.1 - Crown Lands and Forests Act

Section 83
Disposition versions

Full text
Discontinuance of portion of reserved road
83(1)In this section
“access” means(accès)
(a) a highway as defined in the Highway Act,
(b) a forest road,
(c) a reserved road,
(d) a road or other land designated in a registered right-of-way agreement, easement or other registered legal instrument as a private access to the land, or
(e) such other access as is specified by regulation.
83(2)The Minister may by order discontinue any portion of a reserved road where the area intended to be served by that portion is served by other access.
83(3)The Minister shall, within sixty days after the date on which any portion of a reserved road is discontinued under subsection (2), register the order in the registry office for the county in which the portion was located.
83(4)Where any portion of a reserved road is discontinued pursuant to subsection (2)
(a) where there is a boundary line on that portion, the title to the freehold of that portion vests in the persons having title to the freehold of the grants adjacent to that portion as they are in actual possession,
(b) where there is no boundary line on that portion, the title to the freehold of one-half the width of that portion vests in each of the persons having title to the freehold of the grants adjacent to that portion,
(c) where there are two boundary lines which delineate only the sidelines of a portion of a reserved road and one line is older than the other, the older line shall be the boundary line and the title to the freehold of that portion vests in the persons having title to the freehold of the grants adjacent to that portion as they are in actual possession, or
(d) where there are two boundary lines which delineate only the sidelines of a portion of a reserved road and both lines are considered to be the same age, the title to the freehold of one-half of that portion vests in each of the persons having title to the freehold of the grants adjacent to that portion.
83(4.1)The title to the freehold of the portion of a reserved road referred to in subsection (4) does not vest until the order referred to in subsection (3) is registered.
83(5)The discontinuance of any portion of a reserved road does not affect the ownership of mines and minerals vested in the Crown under the Mining Act.
83(6)The discontinuance of a reserved road extinguishes the public’s right of passage over the road when the order effecting the discontinuance is registered in a registry or land titles office.
83(7)The registration of an order of discontinuance made pursuant to this section before the commencement of this subsection shall be deemed to have extinguished the public’s right of passage over that portion of the reserved road to which the order applies.
1983, c.24, s.37; 1986, c.27, s.22; 1994, c.12, s.10; 2001, c.14, s.1; 2007, c.11, s.5
Discontinuance of portion of reserved road
83(1)In this section
“access” means
(a) a highway as defined in the Highway Act,
(b) a forest road,
(c) a reserved road,
(d) a road or other land designated in a registered right-of-way agreement, easement or other registered legal instrument as a private access to the land, or
(e) such other access as is specified by regulation.
83(2)The Minister may by order discontinue any portion of a reserved road where the area intended to be served by that portion is served by other access.
83(3)The Minister shall, within sixty days after the date on which any portion of a reserved road is discontinued under subsection (2), register the order in the registry office for the county in which the portion was located.
83(4)Where any portion of a reserved road is discontinued pursuant to subsection (2)
(a) where there is a boundary line on that portion, the title to the freehold of that portion vests in the persons having title to the freehold of the grants adjacent to that portion as they are in actual possession,
(b) where there is no boundary line on that portion, the title to the freehold of one-half the width of that portion vests in each of the persons having title to the freehold of the grants adjacent to that portion,
(c) where there are two boundary lines which delineate only the sidelines of a portion of a reserved road and one line is older than the other, the older line shall be the boundary line and the title to the freehold of that portion vests in the persons having title to the freehold of the grants adjacent to that portion as they are in actual possession, or
(d) where there are two boundary lines which delineate only the sidelines of a portion of a reserved road and both lines are considered to be the same age, the title to the freehold of one-half of that portion vests in each of the persons having title to the freehold of the grants adjacent to that portion.
83(4.1)The title to the freehold of the portion of a reserved road referred to in subsection (4) does not vest until the order referred to in subsection (3) is registered.
83(5)The discontinuance of any portion of a reserved road does not affect the ownership of mines and minerals vested in the Crown under the Mining Act.
83(6)The discontinuance of a reserved road extinguishes the public’s right of passage over the road when the order effecting the discontinuance is registered in a registry or land titles office.
83(7)The registration of an order of discontinuance made pursuant to this section before the commencement of this subsection shall be deemed to have extinguished the public’s right of passage over that portion of the reserved road to which the order applies.
1983, c.24, s.37; 1986, c.27, s.22; 1994, c.12, s.10; 2001, c.14, s.1; 2007, c.11, s.5
Discontinuance of portion of reserved road
83(1)In this section
“access” means
(a) a highway as defined in the Highway Act,
(b) a forest road,
(c) a reserved road,
(d) a road or other land designated in a registered right-of-way agreement, easement or other registered legal instrument as a private access to the land, or
(e) such other access as is specified by regulation.
83(2)The Minister may by order discontinue any portion of a reserved road where the area intended to be served by that portion is served by other access.
83(3)The Minister shall, within sixty days after the date on which any portion of a reserved road is discontinued under subsection (2), register the order in the registry office for the county in which the portion was located.
83(4)Where any portion of a reserved road is discontinued pursuant to subsection (2)
(a) where there is a boundary line on that portion, the title to the freehold of that portion vests in the persons having title to the freehold of the grants adjacent to that portion as they are in actual possession,
(b) where there is no boundary line on that portion, the title to the freehold of one-half the width of that portion vests in each of the persons having title to the freehold of the grants adjacent to that portion,
(c) where there are two boundary lines which delineate only the sidelines of a portion of a reserved road and one line is older than the other, the older line shall be the boundary line and the title to the freehold of that portion vests in the persons having title to the freehold of the grants adjacent to that portion as they are in actual possession, or
(d) where there are two boundary lines which delineate only the sidelines of a portion of a reserved road and both lines are considered to be the same age, the title to the freehold of one-half of that portion vests in each of the persons having title to the freehold of the grants adjacent to that portion.
83(5)The discontinuance of any portion of a reserved road does not affect the ownership of mines and minerals vested in the Crown under the Mining Act.
1983, c.24, s.37; 1986, c.27, s.22; 1994, c.12, s.10; 2001, c.14, s.1