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 the 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 in accordance with Circular Letter No. 468. Please submit applications through myLTSA using the SG Form General Application and Plan (SGGN). The EFS User's Guide outlines the process to submit an application. 
  • Exemptions application packages must include a completed Checklist for Section 108(3).
  • A checklist is also provided to assist in the preparation of the final plan
  • Directions to Land Surveyors No. 12 provides additional information.