First Nation Lands under a Land Code remain Federal Lands Section 91(24) of the Constitution Act 1982, and are still “Canada Lands” as defined under the Canada Lands Surveys Act. Surveys of First Nation Lands under a Land Code are still carried out by a Canada Lands Surveyor, with instructions being issued by the Surveyor General of Canada. It’s recommended that a First Nation be familiar with their own role and the role of other stakeholders in the overall survey process, to prevent delays or miscommunication with regards to their internal surveys.
- Survey changes – Remainder lots, work with Tania to ensure language identifies LC processes include updating all parcels involved subdivision requests
The following Samples, Information and Forms are provided within Attachment “K”
- The Roles and Process for an Administrative (Section 31) Survey Plan chart
- Interdepartmental Letter of Agreement related to the Cooperation in the area of Surveys and the Specifications for Descriptions of Land for Transactions on Reserve Lands (Interdepartmental Letter of Agreement) – identifies “appropriate methods of describing lands when land descriptions are required for executing and/or registering land transactions in the Registry. This Agreement prescribes which survey plan products to use for specific types of land transactions involving Reserve Lands. It also sets out the basic principles on which the standards for the products and methods of describing land are based.” Chart A identifies the type of survey plan to be used for certain land transactions.
- Sample Request for a Survey
- Sample wording for a BCR/letter – providing permission for a surveyor to access the Reserve
- Sample of sketch to assist with request for survey
- Sample of Encumbrance Checklist and Land Status Reports
- Sample wording for a BCR/letter – providing approval of survey plan
Links to additional information:
- Canada Lands Survey System (CLSS) – The Surveyor General Branch of Natural Resources Canada (NRCan) provides several tools and applications related to surveys, such as: the CLSS Map Browser, CLSS Survey Plan and Project Searches, a Canada Lands overlay for use in Google Earth, including digital datasets for use in a Geographic Information System (GIS) – these tools and applications allow users to browse the CLSS cadastral data to search and visualize administrative boundaries and related survey parcels, the status of current survey projects and finalized plans recorded in the Canada Lands Surveys Records (CLSR).
- Map Browser – http://clss.nrcan.gc.ca/map-carte-eng.php
- Survey Project Search – http://clss.nrcan.gc.ca/advancedprojectsearch-rechercheprojetavance- eng.php (Updated link coming soon)
- Survey Plan Search – http://clss.nrcan.gc.ca/advancedplansearch-rechercheplanavance-eng.php
- Canada Lands In Google Earth – http://www.nrcan.gc.ca/earth-sciences/geomatics/canada- lands-surveys/11092#CLGoogleEarth (Updated link coming soon)
- Canada Lands Digital Cadastral Data (for a GIS) – http://www.nrcan.gc.ca/earth-sciences/ geomatics/canada-lands-surveys/11092#CLdata (Updated link coming soon)
- NRCan has prepared a document entitled Getting a Survey Done, which “is intended to assist government departments and First Nations administering Canada Lands, entities or persons requiring a survey…”. This document details roles and responsibilities, how to start a survey, including the process to submit the survey plan, and survey requirements for First Nations lands under a Land Code.