Building Restriction Caveats
The Municipal Board Act - Requirements to be Met by Applicants
General:
Power to vary caveats.
104(1) Subject to subsection (3), the board, after such notice and hearing as it deems proper and upon such terms and conditions as it may fix, may by order vary, cancel, or substitute, in whole or in part, any building restriction affecting lands, or the use thereof, howsoever created, and may order the discharge, removal or amendment of any caveat recording the restriction.
104(1) Subject to subsection (3), the board, after such notice and hearing as it deems proper and upon such terms and conditions as it may fix, may by order vary, cancel, or substitute, in whole or in part, any building restriction affecting lands, or the use thereof, howsoever created, and may order the discharge, removal or amendment of any caveat recording the restriction.
Effect of order.
104(2) Subject to subsection (3), an order of the board under this section has the same effect as if enacted by the Legislature as an amendment to The Real Property Act.
104(2) Subject to subsection (3), an order of the board under this section has the same effect as if enacted by the Legislature as an amendment to The Real Property Act.
Application Requirements:
The Application must include three copies of the following:
- Letter to The Municipal Board with the following information:
- Copy of Caveat
- Complete legal description of the property which is the
subject of the Application
- Description of requested amendment and indicate where in the
Caveat this amendment will be inserted (i.e. page 3, Section 2a) - A sketch showing the location of:
(a) the property which is the subject of the application (outlined in
colour), and
(b) the properties of those persons referred to in No. 6(b)
(outlined in colour). - Proof of ownership (Status of Title).
- Certified copy of a Resolution of the Council of the Municipality/City/Town recommending the variation or cancellation requested.
- If the Application is for a variation of front yards etc., a copy of a surveyor’s certificate showing the building on the property.
- (a) If the Applicant is not the registered owner of the lands covered
by the Application, the written consent of the owner.
(b) The written consents of all of the interested
or affected persons. The Board usually requires at a minimum,
the owners of each property located within 100 metres of the
affected property. - If any of the required consents are not obtainable, the Board requires an Affidavit of service of the Notice of the Hearing on each non-consenting person. Service of the Notice can be by either personal delivery or by Registered Mail. The Notice must be served as soon as possible and in any event not less than seven (7) days prior to the date fixed for the hearing.
- Publication of a Notice of Hearing in one issue of a local newspaper at least seven (7) days prior to the hearing. The date for the hearing will be set by the Board Secretary upon the filing of Item Nos. 1 to 6 and 10.
- Affidavit of confirmation of mailing and publication of Notice, with a copy of the published Notice attached, to be filed with the Board at or prior to the date fixed for the hearing.
- Filing fee of $75.00 payable to the "Minister of Finance".
Procedure:
- Upon receiving an Application (Item Nos. 1 to 6 and 10), the Board Secretary will contact the Applicant to schedule a hearing date.
- The Board will confirm the hearing by sending a “Certified Letter” to the Applicant.
- Once the hearing date is scheduled, the Applicant is to proceed with Item Nos. 7 to 9.
- The Board will hold a hearing and hear representations from the Applicant and other parties.
- At the conclusion of the hearing, the Board will issue an Order. The Order will be sent to all parties that appeared at the hearing.
- The Applicant will receive an Original and a copy of the Order. The Original Order must be filed with the Land Titles Office.
The above sets out the minimal requirements. The Board may request additional information from the Applicant.