C-47.1 - Municipal Powers Act

Section 73 Disposition versions

2006-12-14

73. If a local municipality notes that the site of an existing public road is not in conformity with the titles, it approves by resolution a technical description of the land prepared by a land surveyor that corresponds to that site and is based on the cadastre in force.

A copy of the description, certified by a land surveyor, must be filed with the office of the municipality.

The municipality has a notice published twice in a newspaper in its territory,

(1)  identifying the land to which the resolution provided for in the first paragraph applies, using the name of the public road concerned wherever possible;

(2)  identifying the resolution approving the description of the land and mentioning its date and the fact that the site of the land is based on that description; and

(3)  reproducing the text of section 74 and making the necessary links with the purpose of the notice.

The second publication must be made after the 60th and not later than the 90th day following the first.

The land to which the resolution provided for in the first paragraph applies becomes the property of the municipality on the date of the first publication of the notice provided for in the third paragraph. If registration is required by law, the municipality submits to the minister responsible for the cadastre a cadastral plan showing both the land that has become its property because of this section and the remaining land. In addition, the municipality must give notice of the deposit to any person whose address has been registered in the land register, but the consent of the creditors or the beneficiary of a declaration of family residence is not required in order to obtain the new cadastral numbering.

The municipality publishes in the land register a statement referring to this section and section 74 that includes the cadastral description of the land concerned and states that the formalities prescribed in the first five paragraphs have been observed.

2005, c. 6, s. 73; 2006, c. 60, s. 62.

2006-01-01

73. If a local municipality notes that the site of an existing public road is not in conformity with the titles, it approves by resolution a description of the land prepared by a land surveyor that corresponds to that site and is based on the cadastre in force.

A copy of the description, certified by a land surveyor, must be filed with the office of the municipality.

The municipality sends a notice to any owner of the land concerned and any holder of another real right in the land, by any means providing evidence that it was sent,

(1)  identifying the land to which the resolution provided for in the first paragraph applies, using the name of the public road concerned wherever possible;

(2)  identifying the resolution approving the description of the land and mentioning its date and the fact that the site of the land is based on that description; and

(3)  reproducing the text of section 74 and making the necessary links with the purpose of the notice.

The land to which the resolution provided for in the first paragraph applies becomes the property of the municipality on the date the notice provided for in the third paragraph is sent. The municipality submits to the Minister responsible for the cadastre a cadastral plan showing the land that has become its property because of this section. In addition, in the case of a plan involving a renumbering, the municipality must give notice of the deposit to any person whose address has been registered, but the consent of the creditors or the beneficiary of a declaration of family residence is not required in order to obtain the new cadastral numbering.

2005, c. 6, s. 73.