This page explains how to transfer a road widening to the City as may be required for Site Plan approval, Consent, Service Agreement or other agreement with the City.
This process does not cover widenings acquired through Purchase and Sale agreements or expropriation which are handled by Realty Services.
Road widening transfers can only be completed by the owner's Solicitor with a Teraview® licence. Transfers are "one-sided" and do not involve the City Solicitor's department. Please direct all inquiries to the Geomatics Division - do not contact the City's legal department.
What do I need to complete the transfer?
Prior to the transfer, please ensure the survey plan has been approved by the Geomatics Division.
As the owner's Solicitor, you need authorization to act as the City Solicitor for the purposes of completing the Land Transfer Tax Statement on behalf of the City. Geomatics is prepared to provide such authorization by email. When making the request be sure to include the address of the property and Development Services file number. If a formal Acknowledgement and Direction is required, please send the appropriate documentation to Geomatics for processing.
The following information must be submitted to Geomatics:
- A transmittal letter including details such as address of the property and Development Services file number.
- A copy of the completed transfer.
- Solicitor's Certificate of Title in the prescribed form.
Notwithstanding the intent that the conveyed lands be free of all encumbrances, the City may accept the widening subject to existing utility easements but under no circumstances will the lands be accepted subject to mortgages, liens, leases or other charges. Geomatics will determine whether an encumbrance is acceptable or not.
Once received, Geomatics will review the submission and, upon acceptance, notify the Development Services file manager that the widening condition can be cleared.
Public Highway Dedication
Upon acceptance of the Transfer and Certificate of Title, the City will pass the necessary dedication bylaw at the earliest opportunity, which can take up to two months. Once the dedication bylaw has been passed by Council and registered on title, a copy of the bylaw will be provided to the owner's Solicitor as confirmation of dedication.
Continued access over widening lands
During the period of time between the Transfer and the passing of the dedication bylaw, the owner may continue to cross over the widening lands provided the access existed prior to the Transfer. Due to the expense and difficulty in releasing temporary Rights-of-Way from Land Titles, the City will not accept widening transfers subject to temporary Right-of-Ways.