Section 218, Land Title Act

  • In accordance with section 218 of the Land Title Actcertain 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 the 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 an application to the Surveyor General through myLTSA.
  • The Surveyor General may grant a designation under section 218(1)(d) if the Surveyor General is satisfied that passage over land is required for any purpose necessary for the operation and maintenance of the grantee's undertaking.
  • If the Surveyor General permits an applicant to hold a statutory right of way designation, the designation will be an individual designation. However, the Surveyor General may permit an applicant to hold a general designation for a particular area if the Surveyor General is satisfied that:
    • The applicant has an ongoing operational need to enter into future statutory rights of way in the particular area; and
    • The applicant has sufficient operational presence in the particular area.
  • 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 form describes the information that needs to be provided.
  •  Please submit applications through myLTSA using the SG Form Statutory Applications for Designations (SGAD). The EFS User's Guide outlines the process to submit an application.
  • Authority to Hold Statutory Rights of Way application packages must include a completed Checklist for Designation Application - Section 218