The creation of a new parcel of land outside of the Legal Subdivision/Land Developer process typically requires a Consent under the Planning Act of Ontario for Ontario Lands. The Planning Act governs how and when land may be legally subdivided.
The subdivision of First Nations Lands, typically on a First Nations Reserve, is overseen via interdepartmental agreements between Natural Resources Canada and the Department of Indian Affairs and Northern Development (Indigenous and Northern Affairs Canada [INAC]).
Ontario Process
- Pre-Consultation with planning authority to determine if a severance (or Lot addition) is feasible
- Application for Consent to sever to local government, typically either the local municipality or the County.
- P.A. Miller Surveying Ltd. has overseen hundreds of Consent applications and can manage this process for you at your request
- Contract with Ontario Land Surveying Firm to conduct Survey if not already done
- Preparation of a draft Reference Plan by an Ontario Land Surveyor
- Submission of draft Reference Plan to client, municipality and other stakeholders (e.g. Conservation Authority, Utility providers such as Bell Canada where applicable etc.) for review and approval
- Finalization of Reference Plan by deposit in local Land Registry Office
- Clearance of conditions of Consent such as possible rezoning or transfer of lands to municipality for road widening
- Transfer of lands via solicitor – Land Registry office process
First Nations Process
- Pre-Consultation with Band Lands Manager and/or local Land Surveyor to determine if a severance is feasible
- Contract with Canada Lands Surveying Firm to conduct Survey if not already done
- Permissions granted to Canada Lands Surveyor to complete work on First Nations Reserve lands by Land Manager
- Survey Instructions provided to Canada Land Surveyor by Natural Resources Canada (NRCan)
- Preparation of a draft Canada Lands Plan of Survey by a Canada Lands Surveyor
- Submission of draft Plan to client and Lands Manager for review and approval
- Submission of draft Plan to NRCan for review and approval
- Registration of Canada Lands Plan with NRCan
- Registration of certificate of possession by Lands Manager for land transfer