Understanding Subdivisions
A plan of subdivision (also called a plan of survey) is registered in the Land Titles Office to establish the boundaries and legal description for all land parcels within the Land Titles system, including private land and Public Land (including Commissioner’s and Territorial). A certificate of title can only be issued for a parcel that has been surveyed and for which a plan of subdivision has been registered. Plans of subdivision must be prepared and registered to divide or consolidate existing parcels of land, or to create new parcels that will have legal claims or interests registered in the Land Titles system.
Approval from the Director of Planning is required for every proposed subdivision and is granted pursuant to Sections 41 to 47 of the Community Planning and Development Act and Regulations, as per Section 4. (2) of the Land Titles Plans Regulations.
It is recommended that a surveyor is hired for the entire process. Northern surveyors complete almost every subdivision in the NWT and are very familiar with the requirements. Any licensed Canada Land Surveyor (CLS) can perform this work, but the process will go more smoothly if done by a CLS experienced in registering a plan of subdivision in the Northwest Territories.The steps below outline the process to obtain subdivision approval for creating a plan of subdivision.
Step One: Determine what changes are needed for the proposed subdivision
A proposed subdivision must be authorized by the owner of the land. The applicant should be the landowner or acting on their behalf. If the proposed subdivision is on public land (Commissioner’s or Territorial), you may need authorization from Land Management and Administration, Department of Environment and Climate Change. This is especially true if you plan to use the land before or after the survey is finished.
The applicant identifies the land they want to subdivide and prepares a proposed subdivision sketch, drawn clearly to scale. This sketch must include the following details about the land to be subdivided:
- Location, dimensions and total area of the land
- Existing legal surveys, including descriptive and explanatory surveys, condominium surveys and easements
- Current use of the land
- Proposed new lots, showing their location, dimensions, boundaries and area, along with the intended use for each lot
- Existing and planned improvements (for example, buildings or structures), and the distance from the proposed boundaries of each new lot
- Existing utilities and related features, and the distance from these to the proposed boundaries of each new lot
- Existing and proposed highways and roads, including bridges, that run alongside or within the proposed subdivision, showing their location and dimensions
- Existing easements, showing their location and dimensions, if they run alongside or within the proposed subdivision
- Existing rights-of-way and other interests in the land alongside or within the proposed subdivision, showing their location and dimensions
- Significant physical features of the land, such as
- Water bodies (including marshlands)
- Drainage courses
- Flood zones
- Unstable areas
- Paths or walkways
- Areas of known contamination
Click here to see a sample subdivision application sketch.
Step Two: Submit your application
Submit the proposed subdivision sketch by emailing it to atlasmapping@gov.nt.ca. It must include a cover letter containing supporting information. You must also provide a copy of a Certificate of Title confirming ownership of the land or, if the land is Commissioner’s or Territorial, provide details of active tenure to the land that is proposed to be surveyed. If there are any registered claims or restrictions (encumbrances) against the land that might be affected by the proposed subdivision, you must provide copies of these encumbrances.
The proposed subdivision sketch must include a legend that identifies:
- The scale of the sketch
- The direction of true north
- The name of the municipal corporation, if the subdivision is located within one
- The name of the person who created the subdivision sketch and the date it was completed.
Click here to see a sample subdivision application sketch.
Step Three: Review Process
The Director of Planning will review the proposed subdivision to determine if it conforms with the Community Planning and Development Act and Regulations. A review of existing land tenure is also completed if the proposed subdivision lies on public land.
Step Four: Public Consultation
The Director of Planning sends the proposed subdivision sketch for comment:
- The Municipal government:
- Confirms if it complies with local bylaws, the Community Plan, and any relevant area development plan.
- The subdivision will not be approved if it doesn’t meet these bylaws.
- Lot lines must allow for required building setbacks and minimum lot sizes.
- If these requirements aren’t met, a variance is required from the Municipal Government.
- MACA Community Planning:
- Assists the Municipal Government with their review.
- Provides additional planning comments.
- Other Government Departments or third parties:
- Any group that might be affected by the proposed subdivision can share feedback.
Parties consulted have at least ten business days to provide comments. All comments received are considered when deciding on the proposed subdivision.
Step Five: Decision
Following a satisfactory review, the subdivision authority will decide on the proposed subdivision application and forward the decision to the proponent.
Step Six: Field Work and Drafting of Survey Plan
The CLS the proponent hired will use the approved subdivision sketch to obtain survey instructions from Natural Resources Canada’s (NRCan) Surveyor General Branch. These instructions are required for commencing the field work. The survey often requires a visit to the site to place survey monuments, which mark the new lot boundaries.
The CLS drafts a plan of subdivision and obtains signatures from landowners and anyone with a registered encumbrance against the land being subdivided.
Step Seven: Approval of Survey Plan
The Director of Planning receives the drafted plan of subdivision, which confirms the fieldwork was carried out according to the conditions set in the original subdivision approval.
The plan of subdivision must be received by the Director of Planning within twelve months of approving the proposed subdivision sketch.
Step Eight: Registration of Survey Plan
The survey plan is registered at the Land Titles Office in Yellowknife.
Mapping of the new lot(s) is updated in the ATLAS map viewer.
If the subdivision is for public land, the Department of Environment and Climate Change’s (ECC) Land Management and Administration works with the applicant to update tenure documents so they reference the new subdivision.
Key Considerations
Navigating the subdivision approval process in the Northwest Territories requires careful planning, adherence to regulations and consideration of various factors. By following the steps outlined here and working with relevant authorities and stakeholders, you can successfully obtain approval for your subdivision project.
Remember to consult with local experts and authorities to ensure compliance with specific requirements in your area.
Contact Information
For more information related to the approval of subdivisions email atlasmapping@gov.nt.ca