Whereas if a local government pays all or part of the costs of excess or extended services road, water, sanitary or storm drainage systems it may, under Local Government Act LGA s. 5083, recover its costs through latecomer charges against owners of land that is to be subdivided or developed; And whereas the Land Title and Survey Authority LTSA does not currently have authority to register Notices of Excess or Extended Services Agreements against property title and does not accept such notices, creating risk for property developers or purchasers and for local governments: Therefore be it resolved that UBCM request that the Province amend the Local Government Act to give the Land Title and Survey Authority statutory authority to accept Notices of Excessive or Extended Services Agreements also known as Latecomer Agreements for registration on property title.
Ministry of Housing and Municipal Affairs The types of information that may be added to a title are limited in legislation to those which inform of an interest in the property. This means that the registrant has an interest in recovering a debt owed or has some interest in the property itself. It will require policy investigation and consultation before an amendment to legislation to permit notice on title to inform parties of the presence of a latecomer charge is considered. These are charges in respect of the cost of service infrastructure and may be payable only if a property is connected or begins to use the related service and so are not an interest in the property.