On July 25, UDI submitted a memo to the Ministry of Water, Lands and Resource Stewardship requesting legislative changes to facilitate the modification of internal boundaries within air space parcel (ASP) subdivisions once a project has been built out.  

Implementing these changes would eliminate the perceived risks of early ASP subdivision, reduce barriers to building projects with a rental housing component accessing CMHC financing, contributing to cost saving and enhanced affordability, and address the potential of having to clutter title by registering complicated and likely multiple easements, should changes to the ASP boundaries be necessary. 

To facilitate modification of internal boundaries within ASP subdivisions once a project has been built out, some changes to Part 9 (Air Space Titles) of the Land Title Act (LTA) and to the Strata Property Act would be required. There are two potential provisions in Part 7 of the LTA that apply to the two-dimensional subdivision of land, which could provide guidance as to the flexibility needed to allow for the creation of ASPs during pre-construction, and modification of ASPs after completion of a project to adjust any boundaries that shifted during the course of construction: 

• Section 69 (Block outline survey); and 
• Section100 (Re-establishment of boundaries) 

The proposals put forward in the memo were developed by the the UDI Legal Issues Committee. UDI will continue to work with Ministry staff to discuss these proposed changes, with the goal of getting legislative changes brought forward for the fall legislative session.