A-23, r. 11 - Regulation respecting standards of practice for staking and layout

Updated to 8 November 2021

This document has official status.

chapter A-23, r. 11

Regulation respecting standards of practice for staking and layout

Land Surveyors Act

(chapter A-23, s. 49).

DIVISION I GENERAL

1. In this Regulation, unless otherwise indicated by the context,

(1)  “immovable property” means an immovable such as a parcel of land with or without a building, an immovable held in divided co-ownership or a private portion of an immovable held in divided co-ownership;

(2)  “layout” means all the survey operations performed by land surveyors by using marks to position and identify the exact location of a structure or structural features to be erected or modified in relation to the boundaries of the property, another existing structure or other reference lines;

(3)  “staking” means all the survey operations performed by land surveyors by using bench-marks to indicate the boundaries they establish for existing or prospective immovable property or for a dismembered right on such property.

O.C. 1057-2002, s. 1.

2. Staking and layout are valid for the sole benefit of the client or mandatary.

O.C. 1057-2002, s. 2.

3. Bench-marks placed during staking are those defined in Division II of the Regulation respecting bench-marks and boundary markers (chapter A-23, r. 14).

O.C. 1057-2002, s. 3.

DIVISION II STAKING

4. For any staking, a land surveyor shall, in particular,

(1)  make the required searches at the Land Registry Office;

(2)  take all measurements and make all the calculations necessary to determine the marks of occupation and situate them in relation to one another;

(3)  compare the geometry of the occupations with that of the ownership titles and of the cadastre and, when required, of the original survey;

(4)  compile the data to determine the position of the boundaries on the land and on the plan;

(5)  place bench-marks, except in the cases provided for in section 8;

(6)  record the survey operations; and

(7)   issue the staking certificate.

O.C. 1057-2002, s. 4; S.Q. 2020, c. 17, s. 111.

5. In order to establish the boundaries of the immovable property, land surveyors shall ensure that sufficient territory is covered to support their opinion.

All survey operations carried out for staking purposes shall be recorded in clearly written notes that faithfully show the state of the premises and their location, in particular any mark of occupation or encroachment sign, as well as the starting points or lines and the course followed to place the bench-marks.

O.C. 1057-2002, s. 5.

6. The result of the survey operations shall be confirmed by an additional source of information duly identified and recorded in the notes, in particular by using any of the following methods: measurement by repetition, data cross-checking, different ties to fixed positions, searches or a previous or concomitant survey plan.

O.C. 1057-2002, s. 6.

7. Where a land surveyor finds bench-marks along the same boundary and agrees with that position the land surveyors shall adopt that bench-mark, without moving it or planting another one. That fact shall be mentioned in the staking certificate.

If the land surveyors does not agree with the position of the existing bench-mark the matter shall be discussed with the previous land surveyor so as to reach an agreement.

Where the previous land surveyor no longer has those staking records, the land surveyor shall find and consult those records so as to check the content of the staking certificate in question or of any relevant survey document.

On the basis of that information, the land surveyor shall resume the staking operation as he considers appropriate and indicate the bench-mark’s position in the staking certificate.

O.C. 1057-2002, s. 7.

8. A land surveyor who discovers that the location of the bench-marks would likely create a problem of ownership for the client or the client’s neighbour shall first inquire of the person for whom the problem of ownership would arise so as to validate the signs of occupation observed.

If the inquiry confirms that placing bench-marks would create an ownership problem, the land surveyor shall stop the staking operations and prepare a plan and a written report for the client or mandatary. The plan and report shall contain all explanations necessary for adequate understanding of the situation, as well as the land surveyor’s recommendations. The land surveyor is then considered to have completed staking and the report stands in lieu of a certificate.

If the land surveyor’s inquiry proves that placing bench-marks would not create an ownership problem, the land surveyor shall complete the staking by placing bench-marks and by preparing the staking certificate, which must include all significant elements and the conclusions of the inquiry.

O.C. 1057-2002, s. 8.

9. The staking certificate is written confirmation that staking has been carried out, in the form of a plan that may be accompanied by a report, issued by the land surveyor to the client or mandatary. The certificate shall indicate, in particular,

(1)  the name of the client or mandatary;

(2)  the date of the operations;

(3)  the purpose of the staking; and

(4)  the number of bench-marks placed.

O.C. 1057-2002, s. 9.

10. The staking certificate is a document en minute which is dated, signed and kept in the records of the land surveyor; it shall be printed on legal-size paper or larger.

O.C. 1057-2002, s. 10.

DIVISION III LAYOUT

11. For any layout, a land surveyor shall, in particular,

(1)  make the required searches at the Land Registry Office on any active or passive servitude entered in the Land register, or other restrictions likely to restrict the erection or alteration of the structure;

(2)  make the required searches to on the structure’s position complying with municipal subdivision and zoning by-laws;

(3)  take all measurements and make all calculations necessary to determine the marks of occupation and situate them in relation to one another;

(4)  compare the geometry of the occupations with that of the ownership titles and of the cadastre and, when required, of the original survey;

(5)  compile the data to determine the position of the boundaries on the land and on the plan;

(6)  identify the layout, except in the cases provided for in section 14;

(7)  record the survey operations; and

(8)  issue the layout certificate.

O.C. 1057-2002, s. 11; S.Q. 2020, c. 17, s. 110.

12. Land surveyors shall ensure that sufficient territory is covered to support their opinion in order to establish the location of the structure or structural features to be erected or modified, in relation to the boundaries of the immovable property, another existing structure or other reference lines.

All survey operations carried out for layout purposes shall be recorded in clearly written notes that faithfully show the state of the premises and their location, in particular any mark of occupation or encroachment sign, as well as the starting points or lines and the course followed to carry out the layout.

O.C. 1057-2002, s. 12.

13. The result of the survey operations shall be confirmed by an additional source of information duly identified and recorded in the notes, in particular by using any of the following methods: measurement by repetition, data cross-checking or different ties to fixed positions.

O.C. 1057-2002, s. 13.

14. If the land surveyor finds that it is impossible to carry out the layout by reason of, in particular, the physical state of the premises, the existence of a servitude or data provided by the client or mandatary that are incompatible with one another or with the state of the premises, he or she shall stop the layout operations and immediately inform the client or mandatary that his or her mandate must be redefined, or terminate it by preparing and giving him or her a plan of the situation, together with a written report. The plan and the report shall contain all explanations necessary for the good understanding of the situation, as well as the land surveyor’s recommendations.

O.C. 1057-2002, s. 14.

15. The layout certificate is written confirmation that layout has been carried out, in the form of a plan that may be accompanied by a report, issued by the land surveyor to the client or mandatary. The certificate shall indicate, in particular,

(1)  the name of the client or mandatary;

(2)  the date of the operations;

(3)  the purpose of the layout;

(4)  where applicable, the staking certificate or the minutes of the boundary-marking operations on which the layout is based;

(5)  the clearance between the structure to be erected or altered and, as the case may be, the boundaries of the immovable property, the existing structure or the reference lines;

(6)  the type of markers placed;

(7)  the relative position between the markers placed and the boundaries of the immovable property and the structure or structural features to be erected or altered; and

(8)  where applicable, any active or passive servitude entered as such in the Land register.

O.C. 1057-2002, s. 15; I.N. 2016-01-01 (NCCP).

16. The layout certificate is a document en minute which is dated, signed and kept in the records of the land surveyor; it shall be printed on legal-size paper or larger.

O.C. 1057-2002, s. 16.

DIVISION IV TRANSITIONAL

17. This Regulation replaces the Regulation respecting standards of practice relative to staking and layout (O.C. 1233-83, 83-06-15).

O.C. 1057-2002, s. 17.

18. (Omitted).

O.C. 1057-2002, s. 18.

REFERENCES

O.C. 1057-2002, 2002 G.O. 2, 4839

S.Q. 2020, c. 17, ss. 110 and 111