Bill 77 — (Second Session) First Session, 18Th Legislature, 24· Elizabeth Ii the Legislative Assembly of Alberta Bill 77 the Surveys Amendment Act, 1975 (Legislature 18, Session 1)

L18 S1 5529

Alberta — Bills

== 1975 Bill 77 (Second Session) First Session, 18th Legislature, 24· Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 77 THE SURVEYS AMENDMENT ACT, 1975 MR. CHAMBERS First Reading . .. . ..... . Second Reading ........................... . Third Reading ............................. . Printed by the Queen's Printer for the Province of Alberta, EDMONTON

Bill "17 Mr. Chambers BILL 77 1975 (Second Session) THE SURVEYS AMENDMENT ACT, 1975 (Assented to , 1975) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Surveys Act is hereby anwnde.d. 2. The following

section is added after

section 36: 36.1

(1) Notwithstanding anything in this Act to the contrary, a surveyor may, without planting the iron posts required by sections 34 to 36, submit for registration a sub division survey plan at a land titles office, if (

a) the degree of survey control in the area is satis factory to the Director of Surveys, (

b) the subdivision survey plan contains, to the satis faction of the Director of Surveys, the co-ordinates of (

i) the existing survey control monuments, (ii) the monuments found by the surveyor, and (iii) the positions of the iron posts required by sec tions 34 and 36, and (

c) the fee for establishing additional survey control monuments is paid to the Provincial Treasurer.

(2) Subject to subsection (4), the co-ordinates shown on the subdivision survey plan shall govern the boundaries of the lots and blocks in the subdivision.

(3) A surveyor who submits for registration a sub division survey plan pursuant to subsection (1) shall, within one year from the date of reg-istration thereof or such longer period as is allowed by the Director of Surveys, (

a) plant the iron posts required by sections 34 and 36 in accordance with the co-ordinates shown on the subdivision survey plan,

Explanatory Notes I. This Bill will amend

chapter 358 of the Revised Statutes of Alberta 1970. 2. New.

(

b) register a certificate in Form C with the Registrar of Titles for the land registration district in which the land is situated, and (

c) file a true copy of registered Form C with the Director of Surveys.

(4) Upon registration of a certificate in Form C, the Registrar of Titles shall endorse a memorandum thereof on the subdivision survey plan and the iron posts thereupon become subject to this Act.

(5) Upon the registration of a subdivision survey plan pursuant to subs'ection (1), the Director of Surveys shall establish addition-al survey control monuments in the manner prescribed by regulations.

(6) The Lieutenant Governor in Council may make regu lations (

a) governing the density, types, locations and accu racies of survey control monuments; (

b) prescribing the fee to be paid to the Provincial Treasurer for the establishment of additional survey control monuments; (

c) requiring a surveyor desiring to register a sub division survey plan pursuant to subsection (1) to furnish a bond for the purposes of satisfying the claims of any owner who may suffer damage as the result of an erroneous location of his property boundaries; (

d) prescribing the terms and conditions of bonds re ferred to in clause (c).

Section 37 is arnended by striking out the /igrure "35" and by substituting therefor the figure "34".

Section 69 is amended by striking out subsection (1) and by substituting therefor the following subsection: 69.

(1) All surveys made under this Act shall be made (

a) under the personal supervision of an Alberta Land Surveyor, (

b) in accordance with good surveying practices, and (

c) in accordance with the provisions of this Act, and the plan of survey shall contain a certificate in Form A. 2

Section 37 pre::.elltly I'eads: 37. The iron posts planted in accordance with sections 35 and 36 shall, UI= the registration of the plan of survey, establish for all purposes whatsoever 1 true and unalterable boundaries of every lot or block shown on the plan, wheU or not the iron posts upon admeasurement upon the ground are found to be the relative position shown on the plan of survey.

Section 69, subsection (1) presently reads: 69.

(1) All surveys made under this Act shall be made in person by 1 surveyor certifying to the correctness thereof, and a certificate in Form A the

Schedule attached to any plan of survey shall not be signed by the surve~ unless (

a) the survey represented by the plan has been actually carried out by 1 surveyor so certifying, under his personal supervision and direction duri the whole time that the survey was in progress, . (

b) the survey has been fully posted and completed on the ground, (

c) the system of survey employed has been in all respects in accordance \V this Act. and . (

d) the surveyor has been personally present on the ground and present at material times during the, progress of the whole survey. 2

5. Forrn A is struck out and the following is substituted: FORM A (Section 69) I, (name of surveyor), of the (place of residence), Alberta Land Surveyor, make oath and say: 1. that the survey represented by "this plan was made under my p'ersonal supervision, 2. that the survey was made in accordance with good surveying practices and in accordance with the pro visions of The Surveys Act, and 3. that the survey was performed between the dates of .............. and .............. , 19 ..... , and that this plan is true and correct, and is pre pared in accordance with the provisions of The Land Titles Act.

SWORN before me at the ........... of ........ . in the Province of Alberta, this . . . . day of . . . . . ., , 19 ..... . Alberta Land Surveyor 6. The followinp form is added after Form B: FORM C (Section 36.1) I, (name of surveyor), of (place of residence), Alberta Land Surveyor, make oath and say: 1. that between the dates of .. ' .............. and .................. , 19 ..... , I planted the iron posts required by

section 36.1, subsection (3) of The Surveys Act, and 2. that the position of the iron posts on the ground is in accordanee with the co-ordinates shown on the subdivision survey plan registered as number . . . . . . . .. ......... ........ . .... and that the property boundaries that have been established on the ground are in accordance with the said co ordinates, except for the following: 3

5. Form A presently reads: FORM A (Section 69) I. (name of surveyor), of the (place of residence) Alberta. land surveyor. make oath and say: That the survey rerpesented by this plan has been made by me In accordance with the provisions of The Surveys Act; That this survey was performed between the dates of ... _ .. _ .................................. . and ............... _ .......... _ ...............• A.D. 19 ........• and that this plan Is true and correct. and is prepared in accordance with the provisions of The Land Titles Act.

Sworn before me at the .... } ... _ .. _............. of •...... _ ............ . in the Province of Alberta. ······················· .. ··Aib~~··L~d .. ·Surv·eyo~·····.· .................... . this ............ day of .............. .. A.D. 19 ... _ ....... . 6. New. 3

• • • • • • • • I • ~ • • , , • • • • • • '. • 4 • • , • • • .. I , • • • • , • • , , '. • I (List and describe· any property boundaries on the ground which vary f'r01n the co-ordinates on the subdivision survey plan.) SWORN before me at the ...... ' . .' ... of ..... :. > .... in the Province of Alberta, this . . . . day of . 0 0 0 0 . 0 ., 190 ....• AlbeTta Land SUTve,yor 7. The

Schedule to The Land Titles Act is a1nended by striking out F01'm 14 and substituting the foll()wing form: FORM 14 (Sections 75, 78 and 82) I, (name of surveyor) t of the (place of resfdence), Alberta Land Surveyor, make oath and say: 1. that the survey represented by this plan was made under my personal supervision, 2. that the survey was n1ade in accordance with good surveying practices and in accordance with the pro visions of The Surveys Act, and 3. that the survey ,vas performed between the 'dates of .. 0 0 . 0 0 .... and .............. , 190 0 0 .. , and that this plan is true al1d correct, and is pre pared in accordance with the provisions of The Land Titles Act.

S~ORN. hefO:: ~eat the) in the Province of Alberta, this . 0 0 0 day of 0 0 0 0 0 . 0 ., 19000 0 .• 0 J Alberta Land Surveyor 8. This Act carnes into force on the day upon which it ls assented to. 4

7. Form 14 of The Land Titles Act presently reads: FORM 14 (Sections 75, 78 and 82) I. (name of surveyor), of the (place of residence), Alberta Land Surveyor, make oath and say: That the survey represented by this plan has been made by me in accordance with the provisions of The Surveys Act: That this survey was performed between the dates of ........................................... . and ... _ .......•..........•.•••..• _............ A.D. 19 ... _.... and that this plan is correct and true and is prepared in accordance with the provisions of The Land Titles Act.

Sworn before me at the .... } ... _ .. _ .. _ .... _... of ....... _ ........ _ .. . In the Province of Alberta. . .......... - ...... - .. -.. Aib~r~.i~~;d-.Sun.:eyo~ ............. -............ . this ....... _ ... day of ............... . 19 ... _ .. _ ... . 4 Title: 1975 (18th, 1st) Bill 77, The Surveys Amendment Act, 1975

Document details

Collection	Alberta — Bills
Citation	L18 S1 5529
Type	bill
Volume / chapter	L18 S1 5529
Language	en
Format	json
Source	PROVINCIAL
Identifier	efaab7b7c8665754b8b87ab3051b9b773106c5cf

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