Job Specification

Job Summary :

To act as the ministry's legal survey expert for the staff and clients of the land registration offices assigned.
To make rulings under the Boundaries Act on the boundaries of land ownership.
To participate in the development of survey and title related regulations, policies and procedures, to be implemented on a province wide basis for the modernization of the land registration system.

Responsibilities :

1. Acts as the ministry's legal survey expert in the land registration offices assigned by: providing authoritative advice, and direction to the staff and clients of the land registration system on survey and title-related issues; reviewing and advising on lawyer and surveyor submissions under the Boundaries Act; managing the resolution of highly complex survey issues, such as conflicts in old ambiguous metes and bounds descriptions or navigable water boundaries. 2. Authorizes land registrars to implement discretionary solutions to survey related problems which are outside of normal procedures, while ensuring the integrity of the land registration records is maintained and ministry liability is minimized. 3. Develops and provides training sessions to staff and clients on survey related
procedures such as first registration in land titles; applications for absolute title, expropriation procedures and plans, electronic plans, condominium related registrations and easements. 4. Represents the ministry in land transactions involving large external organizations. Acts as main point of contact for Teranet Inc. for professional survey advice concerning survey and mapping issues arising from the automation and conversion of the land registration records in an assigned land registration office. 5. Makes public presentations on all aspects of land surveying in relation to the land registration/registration automated system, associated procedures for the automation and conversion of the land registration records. Prepares ministerial letters and briefing notes on issues pertaining to surveys, plans and descriptions or related land registration processes. 6. Participates in the province-wide development of survey and title-related regulations, policies and procedures for the modernization of the land registration system by: providing recommendations on the development of amendments/new regulations under various land registration related statutes; developing policy and procedures in the land registration system such as non-conversion of properties along navigable bodies of water, to ensure integrity of the land registration system. 7. Participates in Teranet or ministry committees relating to surveys and mapping, such as the Joint Project Requirements Committee, to improve the delivery of online land registration services. 8. Makes rulings under the Boundaries Act on the boundaries of land ownership by: conducting quasi-judicial hearings, as the Deputy Director of Titles under the Boundaries Act, in accordance with the Statutory Powers and Procedures Act; and ruling on submissions made by the parties or their legal representatives during the hearing, hearing testimony of lay witnesses, expert witnesses and arguments by parties or their legal representatives; issues decisions in accordance with common law principles and related statutes; prepares recommendations with respect to applications for subsidies from the Land Titles Survey Fund under the Land Titles Act. 9. Provides oversight to the control of the form and content of plans and related documents submitted for registration or deposit; identifies integrity risks to land registration system related to survey plans; performs audits of the legal survey plan examination processes to ensure the integrity of the land registration records.

Qualifications/Licenses :

Licensed Ontario Land Surveyor by Association of Ontario Land Surveyors.

Knowledge :

Theories, principles and practices of survey science through a degree in survey science, or a related degree, to have broad enough understanding of the techniques used in the survey industry in order to act as the ministry's legal survey expert providing authoritative advice and direction to the staff and clients of the land registration system. Relevant legislations, provincial statutes and regulations including the Land Titles Act, the Registry Act, the Condominium Act, 1998, the Boundaries Act, the Statutory Powers and Procedures Act, the Surveys Act, the Surveyors Act, Planning Act and the Land Registration Reform Act to make rulings, direct staff and clients on the resolution of survey issues and to liaise with other professionals when addressing client concerns. Survey law including relevant courts cases to make informed decisions with respect to advising staff and clients on the validity of survey and survey-related documents as well as making decisions under the Boundaries Act. Land registry offices policies and procedures to assess the appropriateness of a decision from an operational perspective and to provide advice to clients as the ministry's legal survey expert in the land registration offices. Land registration records, automation, conversion and implementation procedures to address staff and/or client issues in this area accurately. Dispute/conflict resolution techniques and methods to manage the resolution of highly complex survey issues, such as conflicts in old ambiguous metes and bounds descriptions. Computer software to compile, analyze information and provide reports.

Communication/Interpersonal Skills :

Acts as the ministry's legal survey expert in the land registration offices assigned by: providing authoritative advice, survey direction to the staff and clients of the land registration system on survey and title-related issues; reviewing and advising on lawyers and surveyors submissions under the Boundaries Act; managing the resolution of highly complex survey issues, such as conflicts in old ambiguous metes and bounds descriptions. Makes rulings under the Boundaries Act on the boundaries of land ownership by: conducting quasi-judicial hearings, as the Deputy Director of Titles under the Boundaries Act, in accordance with the Statutory Powers and Procedures Act; and ruling on submissions made by the parties or their legal representatives during the
hearing, hearing testimony of lay witnesses, expert witnesses and arguments by parties or their legal representatives. Prepares/Issues decisions on boundary disputes between landowners in accordance with common law principles and related statutes. Negotiates to effectively implement changes in policy and new procedures in various assigned offices and in dealing with clients. Acts as main point of contact for Teranet Inc. for professional survey advice concerning survey and mapping issues. Participates on internal committees involved in streamlining survey and title processes such as the Condominium Committee where senior lawyers, engineers, surveyors and developers from the industry. Participates on external committees composed of senior representatives of the survey industry involved in professional survey initiatives such as the digital plan task force of the Association of Ontario Land Surveyors. Communicates with senior management in Service Ontario, senior staff for the branches responsible for the operation of the land registry staff to resolve problems, exchange information, interpret legislation, policies and procedures, and direct solutions to complex survey-related registration, title and automation issues. Communicates with senior members of other ministries/branches, Geomatics Office, legal and surveying professions, developers, public, municipal and private sector organizations, to resolve problems, exchange information, interpret legislation, policies and procedures, and negotiate solutions to complex survey related registrations and automation issues. Communicates with the solicitors of the Legal Services Branch (LSB) to seek legal advice on and/or to provide survey advice at title related hearings chaired by solicitors from the LSB. Prepares ministerial letters, briefing notes on issues and develops presentations.

Problem Resolution and Analysis :

Resolves complex survey issues, such as conflicts in old ambiguous metes and bounds descriptions, by leading research and directing land registrars on the appropriate action to be taken in the registration of the client's plans or documents. Identifies integrity risks to land registration system related to survey plans. Examines and audits the legal survey plan examination processes to ensure compliance with related legislation. Analyzes disputes and issues decisions on boundary disputes between landowners in accordance with common law principles and related statutes.
Reviews and analyzes existing legislation and regulations to ensure consistency with enhanced services and recommend amendments. Reviews government's Digital First strategy and recommend improvements to processes and requirements. Conducts in-depth research and analysis on the introduction of new plan types and the improvement of the existing electronic submission of survey plans to the land registration system.

Leadership/Guidance :

Responsible for providing professional survey direction and expert advice, acting as a legal survey expert in the land registration offices; providing survey reviewing and advising on lawyers and surveyors submissions under the Boundaries Act; authorizing land registrars to implement discretionary solutions in certain cases. Responsible for developing and providing training sessions to staff and clients on survey related procedures such as first registration in land titles, applications for absolute title, expropriation procedures and plans, electronic plans, condominium related registrations and easements. Responsible for providing strategic expertise on the province-wide development of survey and title related regulations, policies and procedures to land registration offices for the modernization of the land registration system by providing recommendations on the development of amendments/new regulations and developing policies and procedures in the land registration system such as non-conversion of properties along navigable bodies of water. Responsible for providing oversight to the control of the form and content of plans and related documents submitted for registration or deposit. Responsible for making rulings and issuing decisions under the Boundaries Act on the boundaries of land ownership.

Independence of Action :

Work is performed with a high degree of independence, and recommendations are accepted as authoritative and in conformance with ministry policies and objectives. The program and province are legally bound by the decisions rendered with respect to boundary lines under the Boundaries Act. The incumbent is required to arrive at the decisions independently without outside influence or consultation. Only errors in law by the incumbent can be appealed to the Superior Court of Justice (Divisional Court).
The program is bound by the opinions expressed and rulings given by the Assistant Examiner of Surveys in response to queries received from staff and clients of the land registration system. These opinions and rulings bind the province. Exercises judgement and independence in recommending and making technical and procedural decisions to ensure these decisions provide consistency to the staff and clients of the land registration offices. Exercises judgement in making decisions and the ability to recognize potential impacts on the clients and integrity and liability of the land registration system. Exercises judgement and independence to implement changes in policy and procedures due to the decentralized nature of the land registration system and diverse practices in the private sector within each community. Exercises judgement in making legal rulings on submissions during Boundaries Act hearings by parties or their legal representatives to ensure each of the parties receives a fair hearing.

Physical Effort :

Walking, sitting standing with opportunity for movement (e.g., stretch, leave the workstation, etc.) for the greater part of the work day.

Mental and Sensory Effort :

Job requires concentrated mental/sensory effort to make rulings, under the Boundaries Act, on the boundaries of land ownership on submissions made by the parties or their legal representatives, to listen to witnesses, review exhibits, interpret the information make rulings and prepare the final Order and written Decision and issue decisions.

Working Conditions :

Work is typically carried out in an office environment with occasional exposure to disagreeable working conditions or hazards, such as occasional overnight travel to conduct Boundaries Act hearings.