About the Municipal Board
Dispense of Signature Requirement
Section 117(6)(g) of The Real Property Act
General:
The purpose of this provision is to dispense of the requirement for consent of affected owners and caveators when registering a subdivision plan. It should be used as a last resort and the Applicant must establish that all attempts have been made to contact the owners and obtain their approval.
Application Requirements:
The Application must include four copies of the following:
- the name and address of the Applicant(s)
- a description of the registered ownership(s) and a legal description of the land in issue, including Status of Title
- the names of the owner(s) and caveator(s) listed on the Status of Title
- copies of any Caveats on the land in issue
- a statement explaining the reasons for this Application
- indicate which consent of signatures on the Plan has been received
- indicate which consent of signatures in the Plan has not been received – please provide mailing address
- a Request by the local Land Titles Office, signed by the District Registrar, indicating that their office will require either signatures of the caveator(s) or the Board’s approval to dispense with the requirement of obtaining the various signatures
- the filing fee of $75 payable to the Minister of Finance
- a copy of the "Certificate of Approval of Subdivision"
- any other document that may be of relevance to the Board.
Procedure:
- Upon receiving an Application, 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 attaching the Notice of Hearing which is to be served. The Notice of Hearing will be prepared by the Board and forwarded to the Applicant. The Applicant must ensure that the Notice of Hearing is served by personal delivery.
- An Affidavit of Service attesting to the delivery of the Notice of Hearing to be completed by Applicant. Affidavit must be filed with the Board at or prior to the hearing.
- 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. 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.
Notwithstanding any requirements or procedures listed, the Board may request additional information from the Applicant or vary the procedure if circumstances require.