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Chapter D2 ver. 1

Explanatory Plans

Table of Contents

Effective Date

This Chapter is effective January 1, 1997. It was originally published as Chapter D2 of the Third Edition of the Manual of Instructions for the Survey of Canada Lands.

Chapter Sections

General

  1. Explanatory plans are a type of administrative plan prepared under section 31 of the Canada Lands Surveys Act.
  2. Explanatory plans are used to define the extent of limited interests in Canada Lands. Types of land transactions for which explanatory plans may be used are outlined in interdepartmental agreements contained in Chapter B1 of this Manual.
  3. Specific survey instructions are required for the preparation of explanatory plans.
  4. Explanatory plans are recorded in the Canada Lands Surveys Records.

Boundary Definition

  1. An explanatory plan must describe, clearly and unambiguously, all the boundaries of the parcels dealt with by the plan.
  2. The surveyor must ensure that the explanatory plan correctly describes the extent of the limited interest in the lands which is to be transferred.
  3. Boundaries of parcels dealt with by an explanatory plan must:
    1. be defined on existing official plans or explanatory plans;
    2. be described in relationship to boundaries defined on existing official plans or explanatory plans; or
    3. be surveyed in accordance with Chapter D1.
  4. If the explanatory plan is to define a parcel for an improvement such as a power line or pipeline, sufficient survey connections should be made to the improvement from the boundaries of the parcel so that the connections can be used in future surveys to locate the boundaries of the parcel. The connections shall be shown on the plan.
  5. Monuments depicted on a plan registered or filed in a provincial land titles or land registry office may be shown on an explanatory plan only after a reproducible copy of the plan has been recorded in the Canada Lands Surveys Records.
  6. Prepare official field notes in accordance with Chapter D1 when monuments are re-established or restored in the survey.
  7. If a significant difference is found between a measurement made in the field and a dimension on an existing plan, then verify the measurement, show the measured dimension on the explanatory plan, and prepare official field notes, in accordance with Chapter D1, showing the correct measurement.

Plan Preparation

  1. Explanatory plans shall be prepared in accordance with the guidelines in Appendix E3.
  2. The explanatory plan shall be similar in form to specimen plan SP2- 1.
  3. When boundaries of parcels dealt with by an explanatory plan have been defined on existing official plans or explanatory plans, the plan dimensions shown on the existing plan and the record number of the plan shall be shown on the explanatory plan.
  4. If bearings from more than one existing plan are used they may be rotated so they are referred to a common reference meridian. The explanatory plan shall include a note stating the amount of rotation applied to the bearings.
  5. If an explanatory plan defines a right-of-way crossing a series of existing boundaries, then define the positions of the crossings at approximate intervals of 1.5 km and as follows:
    1. on the first and last boundaries crossed in a series of lots in a block;
    2. on the closest boundary to any deflections of the right-of-way; and
    3. on additional crossings, if necessary, to make it clear which lots are affected by the right-of-way.
  6. Show the title of an explanatory plan as:
    "Explanatory Plan of
    (Power Line Right-of-Way, Utility Right-of-Way, etc.) ...".

Approvals and Certifications

  1. The surveyor certifies the plan correct and dates the certification.
  2. Subject to paragraph 20, the Surveyor General may require that an explanatory plan be approved by the proper authorities of the government having administration of the lands.
  3. An explanatory plan of Indian Lands shall be approved by the persons designated by the Minister of Indian Affairs and Northern Development to approve such plans.
  4. The Surveyor General (or a person designated by the Surveyor General to approve such plans) will approve an explanatory plan for the specific transaction for which it is prepared. The plan will be approved when it conforms with the survey instructions.

Returns

  1. The returns shall consist of:
    1. the explanatory plan;
    2. official field notes prepared;
    3. a survey report as prescribed in Chapter D15;
    4. reproducible copies of plans registered or filed in a provincial land titles or land registry office used in the preparation of the explanatory plan; and
    5. any other information required by the specific survey instructions.

Specimen Plans

Note

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