Subdivisions
A property line can not be created or relocated by any means other than through a subdivision plan
or exemption set out by the Community Planning Act (CPA). The subdivision by-law is the document
that regulates how, and under what conditions, land may be subdivided. Each municipality adopts
their own subdivision by-law (CPA s.42(1)), while the Provincial Subdivision Regulation regulates
subdivisions in unincorporated areas.
Processing times for subdivisions vary considerably. Several factors that impact the processing time
are: type of subdivision, availability or requirement of services, location of the proposal
(municipality or unincorporated area), and required approvals from other departments. Subdivisions
that require Council or Planning Review and Adjustment Committee (PRAC) approval will take longer
as they are subject to scheduled meetings.
Types of Subdivisions
There are five different types of subdivisions: consolidation, subdivision on a private access,
subdivision on a public road, subdivision on a new road, and exemptions.
Consolidation
A consolidation is the joining of two or more properties into one property. This may be done
through an administration consolidation if all properties being consolidated are under the lands
titles system. An administrative consolidation is prepared in the form of a deed by the lawyer and
does not require a subdivision plan.
Subdivision on a Public Road
A subdivision on a public road is when the properties being divided have frontage on an existing
public road. This subdivision is approved by a development officer once the officer has received the
proposal and the developer has submitted a site distance and soil assessment report.
Subdivision on an Access (other than a Public Road)
A subdivision on an access (i.e. private road, easement, etc.) occurs when a developer creates a
subdivision that does not have frontage on a public road. Therefore, another property is used to
access the subdivided property. This type of subdivision requires PRAC approval of the access, and is
generally not recommended.
Southeast Regional Service Commission
nd
1234, rue Main Street, 2 floor/2e étage, Unit/Unité 200, NB, E1C 1H7
Tel: 506-382-5386 Fax: 506-382-3651
Subdivision on a New Public Road
A subdivision on a new road is the most complex type of subdivision. It occurs when a developer
creates properties fronting on a new road that will be turned over to the municipality or province as
a public road. SERSC must recommend the location of public streets to the Council when the land is
in a municipality, or to the Minister when in an unincorporated area. The road must be constructed
to the proper standards and be approved by the appropriate government agency before the
subdivision is registered.
Exemptions
The development officer may exempt the developer from going through the subdivision process
(CPA s. 48(1)) under certain circumstances such as:
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the properties being subdivided are larger than 2ha in area and on a public road with a
width of 150m at the setback
a lot is divided by a public street, railway, lake, or river
there is conveyance of an easement or right-of-way, and
part of a parcel is being acquired by the Crown.
Procedure
The procedure for processing a subdivision can be divided into three basic stages: pre-application
stage, tentative plan stage, and final plan stage. Although only the tentative plan and final plan stage
are legislated, the use of all three stages ensures that the subdivision is processed efficiently.
Pre-application Stage
The first phase of the subdivision process is the initial consultation between the individual proposing
to subdivide the land (developer), and the development officer. Although this stage is not a
legislated requirement, it is recommended as the development officer can indicate any obvious
issues that stand out regarding the proposal, and provide the developer with general information as
well as the approximate time frames involved. The development officer may also be able to apply
one of the various exemptions. This stage can save the applicant a significant amount of time and
money during the process, especially if an exemption is granted.
Tentative Plan Stage
The tentative plan stage begins the official subdivision process. An application must be completed
and contain the signature of the landowner, and/or the agent working on their behalf. A tentative
plan must be prepared by a licensed New Brunswick Land Surveyor, unless it is exempted by the
development officer under the CPA (s. 44(1)(b)). All tentative plans must be marked as such and
contain all of the information required under s. 49(2) of the CPA.
The development officer requires 4-6 copies of the tentative plan to distribute, but may request
more if necessary. A processing fee, paid in full, is also required to start the process. Once the signed
application, copies of the tentative plan, and processing fee are received, the application is
considered complete and the process officially begins.
Upon receipt of a completed application package, the requested copies of the tentative plan are
sent to various government agencies for their review. At least one copy always remains on file for
future reference. Government agencies may include the Departments of Transportation and
Infrastructure, Health, Environment, utility companies, and any other agency deemed necessary by
the development officer. Staff also begins a thorough review of the application. If the subdivision is
within a municipality the town/village engineer is contacted to see if there are any servicing issues
with the application.
Some types of subdivision applications, such as those involving a new public road, require the
approval/recommendations of Council and/or the PRAC. When such an application is proposed, the
subdivision must be sent to the PRAC for their recommendation to Council (or the Minister if in the
unincorporated area) on the placement of the streets and the proposed land for public purposes
(CPA s. 56(2)(a) and s. 77(8)(a)).
The PRAC may also be involved as part of the approval process of a subdivision. If the subdivision bylaw provides the authority, the PRAC is involved in subdivisions with approval of accesses, other
than a public road (CPA s. 42(3)(k)). The PRAC is also involved when the development officer
believes that the property is not suitable for development. In these instances, the PRAC may also
deny the proposal as being unsuitable if:
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the land is not suited for its intended purpose
the land will not be used for this purpose within a reasonable time
a subdivision will prejudice the subdivision of adjoining properties
The PRAC is also responsible for approving variances to the subdivision by-law (CPA s. 46(1)) and
recommending street names (CPA s. 42(3)(1)(ii)). When a plan requires approval or
recommendations by Council and/or the PRAC, Staff compiles a detailed written report
discussing the proposal. This report contains a location map, information about the proposal, a
discussion, all professional comments, legislative authority and a recommendation.
Final Plan Stage
Once the tentative plan has been approved, a final plan may be submitted to the development
officer. Subdivisions that involve the creation of a new public street must meet all of the
requirements of the subdivision agreement to the specifications of the engineer before
proceeding with the final plan. Once the road and services have been completed and the
engineer is satisfied that the conditions of the development agreement have been met, Council
must assume the road (agree to take over the road). The final plan must be submitted in
accordance with the specifications of Section 52 of the CPA. The final approval stamp must
appear on the face of the plan along with the development officer’s signature and date of
approval (CPA s. 53(1)). Subdivisions that create a new public road must also be stamped by the
clerk or Minister (CPA s. 56(3)).
Once all necessary approval stamps and signatures appear on the final plan, it must be
registered within one year of the development officer’s approval to remain valid (CPA s. 54(2)).
The final plan receives a registry stamp on the face of the plan indicating the registry data (CPA
s. 54(4)). This finalizes the subdivision process, as all lots indicated on the plan have been legally
created.
General Procedure and Responsibilities for a Subdivision of Land
Applicant meets with the Development Officer to review proposed
development
Tentative Subdivision plan developed along with site distance reports
Plan submitted along with payment of all fees
Development Officer submits the plan to relevant departments
Dept. of Transportation and
Infrastructure, Dept. of
Environment, NB Power
approve plan
Municipal engineering approves
plan
If the plan creates new streets of lands for public purposes
PRAC reviews plan and makes
recommendation
Council approves plan
Tentative approval is sent to developer
LEGEND
Final plan is produced
All streets and services are built or secured prior to
Development Officer’s endorsement
Municipal clerk or Minister assents to plan
SERSC Action
Council and Staff
Action
Government Action
Subdivision is approved
Surveyor/Developer
Action
Subdivision is registered