Part 1 — General
9 Survey error investigation
means a person who is registered in the Metis Settlements Land
Registry as owner of Metis title, provisional Metis title or an
allotment.
(2) The Director shall on receipt of a written notice from a land
owner, the council of a municipality, the Council of the Alberta
Land Surveyors' Association or a Registrar stating that the position
of a corner or boundary is in question as the result of an alleged
error in a survey or may, for any reason the Director considers
sufficient, conduct an investigation and report the Director's
findings to the Minister.
(3) If on receipt of the report from the Director under subsection
(2) the Minister is satisfied that an error in survey may have been
made, the Minister may appoint a Board consisting of 3 members,
one of whom shall be a member of The Law Society of Alberta and
one of whom shall be a member of the Alberta Land Surveyors'
Association, to investigate the alleged survey error.
RSA 2000
(4) A member appointed under subsection (3) shall receive the
remuneration and travelling and living expenses for services that
the Minister determines.
(5) If the alleged error in survey is in respect of a plan of survey
filed or registered at a Land Titles Office, the Board appointed
under subsection (3) shall notify by personal service or by
registered mail
(a) the registered owners of the land affected by the alleged
error,
(b) the encumbrancees , as defined in the Land Titles Act, of the
land affected by the alleged error,
(c) each surveyor whose survey may be affected by a decision
of the Board, and
(d) the Registrar of that Land Titles Office.
(6) If the alleged error in survey is in respect of a plan of survey
filed at the Metis Settlements Land Registry, the Board appointed
under subsection (3) shall notify by personal service or by
registered mail
(a) every person who has an interest registered in the Metis
Settlements Land Registry in the land affected by the
alleged error,
(b) each surveyor whose survey may be affected by a decision
of the Board, and
(c) the Registrar of the Metis Settlements Land Registry.
(7) A notification under subsection (5) or (6) shall state the nature
of the alleged error and state a time and place at which a person
who is referred to in subsection (5) or (6) and any person who
claims to have an interest in or knowledge of the corner or
boundary under investigation, and notifies the Board in writing of
their desire to be heard, may be heard.
(8) The Board may
(a) hear any persons who may h ave information affecting the
corner or boundary under investigation, and
(b) if it has reason to believe that a person is in possession of
information about the true position of the corner or
boundary under investigation and does not willingly appear
before it to present the information, apply to a justice of the
RSA 2000
peace for a subpoena commanding the person to appear
before the Board and to give evidence affecting the corner
or boundary in question.
(9) If a person who is served with a subpoena issued under
subsection (8)(b) and who has been tendered reasonable expenses
does not appear before the Board at the time and place set out in the
subpoena and does not give evidence on the position of the corner
or boundary in question, a justice of the peace may issue a warrant
for the arrest of that person and that person is guilty of an offence.
(10) The Board has the powers and duties of an arbitrator under
sections 29(3) and 43 of the Arbitration Act.
(11) The Board, on completing the investigation, may
(a) order that surveys and surv ey plans be varied, altered or
amended in the manner that it directs;
(b) order that any descriptions , registers, certificates of title or
plans of survey deposited, filed or registered in a Land
Titles Office or in the Metis Settlements Land Registry be
varied, amended or altered as may be necessary to reflect
the true position of monuments or boundaries, or the
accuracy of dimensions or areas;
(c) order costs to be paid by or to any person who is a party to
the investigation.
(12) The Board shall provide a copy of its order under subsection
(11) by personal service or by mail to the persons referred to in
subsection (5) or (6).
(13) For the purposes of subsection (12), the date of receipt of the
order by mail is deemed to be 5 days from the mailing of the order.
(14) Any party may appeal an order of the Board to the Court of
King's Bench by application within 30 days from the date of
receipt of an order under subsection (12).
RSA 2000 cS-26 s9;2009 c53 s174;AR 217/2022