Report of Research, Field Investigation and Survey of Robert D ...

appeal, a copy of the plan and field notes of the survey or of the survey as amended in
accordance with the order of the court, as the case may be, shall be registered by the Minister
with the proper land registrar and a copy thereof shall be filed with the clerk of the municipality
that made the application under subsection 48 (1).”
Based on these sections from the Surveys Act, my instructions to undertake this survey are valid,
provided that the proper procedure has been followed. These include:
1. Properly constituted Municipal by-law requesting a survey. Presumably this could be
challenged if a quorum was not present or any other defects exist could be used to negate
the by-law;
2. The line being surveyed must have previously been surveyed under competent authority,
or have been surveyed under either the Registry Act or the Land Titles Act. In this case,
being an original Road Allowance, the line was surveyed under instructions from the
Surveyor General for Upper Canada in 1821;
3. The Minister shall appoint and instruct a surveyor to undertake a survey. This has been
done by the Surveyor General, who has been assigned this duty by the Minister. In this
case my instructions were to survey the Road Allowances in accordance with the
appropriate method prescribed by the Surveys Act.
6.1.2 Road Allowances in Double Front Townships
We find the following background and instructions in Section 24 of the Surveys Act (RSO 1990):
1) “In this Part, “double front township” means a township where the usual practice in the
original survey was to survey the township boundaries, the proof lines and base lines, if any, and
the concession lines forming the front boundaries of the half lots and to establish the front
corners of the half lots.”
2) “A surveyor in re-establishing a lost corner or obliterated boundary in a double front
township shall obtain the best evidence available respecting the corner or boundary, but if the
corner or boundary cannot be re-established in its original position from such evidence, he shall
proceed as follows:
5) “If the concession line forming the front boundary of the half lots in a concession is
obliterated beyond the last ascertainable point in a concession broken by a lake or river
at its end, he shall re-establish such concession line on the same astronomic course as
shown on the original plan and field notes from the last ascertainable point on the
concession line.”
The method for re-surveying an obliterated concession line is illustrated as #49.
Instructions for dealing with side lines under this township system are found in Section 28, and
specifically subsection 1:
28. “A surveyor in establishing in a concession in a double front township a side line of a half
lot that was not surveyed in the original survey shall proceed as follows:
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