Section 108(3), Land Title Act

  • Under section 108(2) of the Land Title Act , certain titled, submerged lands will automatically revert to the Crown, without the approval of the owner of the land, upon the deposit of a subdivision or reference plan which redefines that titled land. For example, if an owner of a waterfront parcel of land excavates a boat basin which is connected to the sea, and then has a land surveyor prepare a subdivision plan of his property, ownership of the boat basin may revert to the Crown upon deposit of the plan.
  • The actions of section 108(2) can be negated by a Minister's order prepared pursuant to section 108(3) of the Land Title Act. The Minister responsible for the Land Title Act has delegated the duties and powers under section 108(3) to the Surveyor General.
  • The owner of the land or their land surveyor may make application for an exemption order to the Surveyor General. Please submit applications through 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 EFS, applications may be submitted to
  • Application packages for exemptions must include a completed Application Checklist.