Section 218, Land Title Act

  • In accordance with section 218 of the Land Title Act certain bodies including provincial and local governments and utility companies have the ability to hold statutory rights of way. Section 218 (1) (d) allows organizations not listed in statute and, in certain circumstances, individuals, to become designated to hold statutory rights of way. The minister responsible for the Land Title Act has delegated to the Surveyor General his authority to designate bodies to hold statutory rights of way.
  • In order to receive a designation to hold a statutory right of way, a proponent needs to make application to the Surveyor General.
  • In the application, the proponent must provide certain information including an explanation of why they require the ability to hold a statutory right of way and describe the lands affected by their proposed statutory right of way. The application checklist contains a list of the information that needs to be provided in the application process.
  • PDF iconView the statutory rights of way designation application checklist.
  • Please submit applications to hold statutory rights of way using the Electronic Filing System (EFS). The EFS User's Guide outlines the process to submit an application. For applicants who do not have access to the Electronic Filing System, applications may be submitted to
  • Contact the Surveyor General Division for further information.