Signatures and approvals on the plans
Before submitting the plan series for registration, all required signatures must be obtained. Both the original and all duplicate (second and possibly third) copies of the plans must be signed (in ink).
In addition to the signature of the surveyor on the surveyor’s affidavit, signatures may be required from:
- The planning authority or The City of Winnipeg
- Registered owners
- Examiner of Surveys
- Encumbrancers
Surveyor’s affidavit
All plans must be properly sworn by the surveyor.
Ensure all mylars copies have been signed by the surveyor and the witness.
Planning authority approval
For lands located outside of the City of Winnipeg
The planning authority will sign the plan and provide a certificate of approval.
The approval is valid for 12 months.
If the approval on the plan has expired, check the certificate of approval. If the date on the certificate of approval has also expired, the certificate of approval must be reapproved by the planning authority. The plan does not require re-signing.
Ensure all mylar copies have been signed by the planning authority.
City of Winnipeg approval
City of Winnipeg expiry dates vary and are specified on the plans. As long as the plan series is registered on or before the date provided by the City in the approval, registration can proceed. A certificate of approval is not issued by the City of Winnipeg.
The City of Winnipeg does not approve plans until all conditions have been met. As long as the plans have been signed by the City, there is no need to be concerned about further conditions.
Ensure all mylar copies have been signed by the City of Winnipeg.
City of Winnipeg plans will have one of the following approvals:
Registered owners’ signatures
Each mylar copy must be signed by all of the registered owners of the land within the limits of the plan (there is one exception – see below). There may or may not be a signature box. If the signature box is not provided, the owners are to sign in the margin of the plan. These signatures are not to be witnessed.
The name of the individual signing must accompany their signature.
Corporations
The plan must be signed by an officer, director or employee of the corporation. The name and position of a person signing on behalf of a corporation must accompany their signature. Corporate seals are not required.
Owner’s signature not required - section 117 of The Real Property Act
When land has been included in a plan because of section 117(5)(b) of The Real Property Act, the owners of that land do not need to sign the plan. When land is included in this manner this will be clearly indicated in the notes section of the plan. See here for more information about this.
Easement plans
The registered owners do not need to sign a plan of easement.
The Examiner of Surveys will sign this box upon submission of the physical mylars, after you have submitted the series for registration. This process applies to all Land Titles districts, including the Morden district. You do not need to forward the mylars to be signed by the Examiner of Surveys prior to the registration of the plan series.
This approval is valid for 12 months from the date of signing. If the signature expires, it can be resubmitted to the Winnipeg Land Titles Office for reapproval.
(Where land is being dedicated to public use)
Where some of the lands affected by an encumbrancer are being turned into public use lands by a subdivision plan, that encumbrancer must sign that plan. This is because subsections 119(2) of The Real Property Act causes titles for public use lands to issue free of all encumbrances. By signing, the encumbrance is consenting to this. None of this applies to oil and gas pipeline easements.
Each mylar copy must be signed by affected encumbrancers. There will not be a signature box. The encumbrancers are to sign in the margin of the plan. These signatures are not to be witnessed.
Individuals
The name of the individual signing must accompany their signature.
Corporations
The plan must be signed by an officer, director or employee of the corporation. The name and position of a person signing on behalf of a corporation must accompany their signature. Corporate seals are not required.
What is public use?
Public use includes lands shown on a plan as public or crown reserve, streets, lanes, avenues, footpaths, walkways, roads, highways, parks, public squares or other means of communication where the lands are not designated as private.
What is a gas pipeline easement?
A gas pipeline easement includes both an easement for a gas pipe line as defined in The Gas Pipe Line Act and a pipeline as defined in The Oil and Gas Act. (For example: A Centra Gas Manitoba Inc. statutory easement or a TransCanada Pipeline Limited easement.)
Why are gas pipeline easements carried forward?
The Real Property Act requires that these be carried forward. They will give notice of the pipeline under the lands.
Signature boxes completed by Teranet Manitoba
Registrar-General’s approval
This box will be completed and signed following submission of the plan.
Do not complete any information in this box on the plan.
Signature of the District Registrar
This box will be completed and signed upon acceptance of the plan.
Do not complete any information in this box on the plan.