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This version was current from June 10, 2004 to June 16, 2010.
Note: It does not reflect any retroactive amendment enacted after June 16, 2010.
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C.C.S.M. c. S190
The Special Survey Act
|Table of Contents|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The Minister of Finance, upon the request of any municipality where the land to be affected is situated in the municipality, or if he thinks proper in any case without the request, and whether the land to be affected is in an organized municipality or not, may direct a special survey to be made of any land in the province, for the purpose
(a) of correcting any error or supposed error in respect of any existing survey or plan; or
(b) of plotting land not before subdivided; or
(c) of showing the divisions of lands of which the divisions are not shown on any plan of subdivision; or
(d) of fixing the location or width of any roads or highways; or
(e) of establishing any boundary lines the positions of which, owing to the obliteration of the original monuments defining them on the ground have become doubtful or difficult of being ascertained;
and upon every such special survey may have a plan prepared showing it, which special survey and plan may be made on the principle of a block-outline survey or a completed survey either in whole or in part.
The special survey and plan shall be made under the guidance of, and instructions from, the Registrar-General; and when the plan is completed it shall be filed, together with the field notes of the surveyor who prepared the plan, with the Registrar-General.
The Minister of Finance shall
(a) cause to be published, at the expense of the applicant, in the Manitoba Gazette and, if the Minister of Finance thinks it proper to so direct, in any other newspaper or publication, a notice for the information of all interested parties setting forth the object of the special survey, and a day, hour, place, fixed for the hearing by the Minister of Finance of any complaints that may be made against the special survey or plan by any person interested in the property thereby affected; and
(b) send or cause to be sent a copy of the plan of special survey to the office of the local government authority in which the lands referred to in the plan of special survey are located.
The Minister of Finance may appoint the Municipal Board to hear complaints under this Act, and for that purpose the Municipal Board has the same powers as the Minister of Finance.
Any person desiring to complain against the special survey or plan shall deliver or cause to be delivered to the Minister of Finance by mail or otherwise, at any time prior to the day named in the advertisement for hearing the complaints, a written statement setting forth the nature and grounds of his complaints.
Where the Minister of Finance receives a written statement as mentioned under section 5, the Minister of Finance shall remit the matter to the Municipal Board for a hearing.
The hearing of the complaints may be adjourned from time to time by the Minister of Finance or by the Municipal Board acting on behalf of the Minister of Finance; and an adjournment may be made at any time whether any of the parties interested are present or not.
The Municipal Board may, on the hearing, receive any evidence that it thinks proper to admit and may examine on oath any parties interested and such witnesses as appear before it, and administer the oath.
Any party interested may, on an order from the Minister of Finance, obtain and issue out of the Court of Queen's Bench, upon praecipe, a subpoena commanding the attendance for examination of any witness, and the production by that witness of any document or plan at the time and place mentioned in the subpoena; and the disobedience of any such subpoena shall be deemed a contempt of court, and is punishable in the same manner, and to the like extent, as in the case of a subpoena issued out of the court in a civil cause.
The same fees are payable for the subpoena as in cases of subpoenas issued out of the Court of Queen's Bench in civil cases, and the witnesses are entitled to the like conduct money.
Upon the completion of the hearing of a complaint the Municipal Board may dispose of the complaint in such manner as is deemed just and equitable under the circumstances and in particular it may, by order, uphold or vary the plan of the special survey in such manner as it decides.
The Municipal Board shall give written notice of its order made under subsection (1) by registered mail to any person who is or appears to be affected by the plan of special survey, and shall, thereafter, submit the order and the plan of special survey to the Registrar General for approval.
The Registrar-General may approve the special survey and plan
(a) if no complaints against the special survey or plan are received;
(b) if complaints are received, after a Municipal Board hearing has been held, if no appeal has been filed within 30 days after the date of Municipal Board order; or
(c) if an appeal of a Municipal Board order has been filed, once a final order has been made;
and may declare the survey or plan, or such portion thereof as he approves, to be the true and correct survey and plan of the land thereby affected, and may declare that all boundaries and lines fixed by the survey and plan, or part thereof so approved, are the true boundaries and lines, whether of roads, streets, lanes, rivers, or creeks, (when the rivers or creeks are defined on the plan by measurements or lines in such a manner as to be capable of absolute reproduction on the ground), or as between adjoining owners or between adjoining lots, and whether or not the boundaries and lines were in fact, before the approval,
the true boundaries and lines; and, if the special survey and plan is a completed survey and plan, he may further declare that the plan or part thereof approved be substituted for all, or corresponding portions of all, former plans or surveys of the land affected that have been theretofore registered.
Any person affected by an order of the Municipal Board made under section 11 may, within 30 days from the date of the order appeal the order to the Court of Queen's Bench.
Notwithstanding subsection (1), a judge of the Court of Queen's Bench may, upon application therefor made before or after the expiration of the time for filing an appeal, extend the time within which an appeal may be made under that subsection.
Upon the filing of a notice of appeal under subsection (1) or within such extended period of time as may be granted under subsection (2), the appellant shall apply to a judge of the Court of Queen's Bench to fix a date for the hearing of the appeal.
Not less than seven clear days prior to the date fixed for the hearing of the appeal, the appellant shall by personal service or certified mail serve upon the Registrar-General, the Municipal Board and every person who has or appears to have an interest in the land affected by the special survey, a copy of the notice of appeal together with a copy of the notice of the date fixed for the hearing of the appeal.
The hearing of an appeal in the Court of Queen's Bench shall be a trial de novo and upon completion of the hearing the court may
(a) dismiss the appeal; or
(b) order that the special survey and plan be varied in such manner as the court directs; or
(c) order that any parcel of land vest in such person as the circumstances of the case may require; and
(d) order the payment of such costs or compensation as to the court considers just and reasonable.
Where the Court of Queen's Bench orders a variation of the plan of the special survey, the variation shall be submitted for the approval of the Registrar-General.
A certified copy of the Registrar-General's approval, together with the plan of special survey, shall be registered in the proper land titles office; and the registration and all necessary entries shall be made without the payment of any fees; and upon the registration taking place, the plan of special survey becomes the official plan of that portion of the municipality thereby affected, and is binding on all owners, corporations, and persons.