Severance Surveys

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