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This Act is current to November 1, 2017
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Land Title Act

[RSBC 1996] CHAPTER 250

Schedule 1

Application of Act to Treaty Lands

Part 1 — Treatment of Treaty Lands

Definitions

1  (1) In this Schedule:

"chief administrative officer" means the officer or employee of a treaty first nation designated by the treaty first nation for the purposes of exercising the powers, and performing the duties, under this Schedule of a chief administrative officer of a treaty first nation;

"public area" has the same meaning as in Part 8 of this Act;

"treaty first nation corporation", in relation to a treaty first nation, means a corporation incorporated under federal or provincial law, all the shares of which are owned legally and beneficially by

(a) the treaty first nation,

(b) a settlement trust of which the treaty first nation is the sole beneficiary,

(c) another treaty first nation corporation of the treaty first nation, or

(d) a combination of these entities.

(2) Despite the definition of "rural area" in section 1 of this Act, for the purpose of applying this Act in relation to treaty lands, as this Act applies under the final agreement of the treaty first nation, references to "rural area" do not include treaty lands

(a) in sections 77.1 and 77.2 of this Act,

(b) in Part 23 of this Act, and

(c) if the treaty first nation has enacted a law excluding treaty lands from the rural area for the purposes of section 75 (1) or 99 (2) of this Act, in the specified provision.

Effect of indefeasible title to treaty lands

2  (1) An indefeasible title to a parcel of treaty lands, as long as it remains in force and uncancelled, is conclusive evidence at law and in equity, as against the Crown and all other persons, that the person named in the title is indefeasibly entitled to an estate in fee simple to the land described in the indefeasible title, subject to the following:

(a) the subsisting conditions, provisos, restrictions, including restrictions on alienation, exceptions and reservations, including royalties, set out in a certificate of the treaty first nation under section 25 (3) or 27 (1) (a) (ii) (A) of this Schedule, as the case may be, relating to that parcel;

(b) a charge, tax, rate or assessment of the treaty first nation that at the date of the application for registration is imposed or made a lien, or that may after that date be imposed or made a lien, on the parcel of land;

(c) a right of expropriation under a law of the treaty first nation.

(2) The matters to which an indefeasible title to a parcel of treaty lands is subject under subsection (1) are in addition to any other matters to which that title is subject under section 23 (2) of this Act, as that section applies to the parcel under the final agreement of the treaty first nation.

Notation respecting treaty lands

3  (1) If the indefeasible title to a parcel of treaty lands is registered under this Act, the registrar must endorse a notation in the register stating

(a) that the land forms part of the treaty lands of the applicable treaty first nation under its final agreement,

(b) that the land may be subject to conditions, provisos, restrictions, exceptions and reservations, including royalties, in favour of that treaty first nation, and

(c) if section 28 of this Schedule applies in relation to the treaty lands, that the section applies.

(2) If a parcel referred to in subsection (1) ceases to be treaty lands in accordance with the final agreement of the treaty first nation, the registrar must cancel the notation under subsection (1) in relation to the parcel.

(3) If the registrar receives notice under section 28 (4) or (5) of this Schedule indicating that section 28 (1) of this Schedule no longer applies in relation to a parcel referred to in subsection (1) of this section, the registrar must cancel the notation under subsection (1) (c) of this section in relation to the parcel.

Assignment of distinguishing letter by registrar

4  If a letter is assigned or an indefeasible title is registered under section 66 of this Act in respect of a parcel of treaty lands, the duty of the registrar under section 66 (5) of this Act to advise the taxing authority includes the duty to advise the treaty first nation.

Requirements as to subdivision in respect of treaty lands

5  In considering the sufficiency of a highway shown on a plan with respect to treaty lands and to be dedicated to the treaty first nation, the approving officer has the same duty to consider the matters set out in section 75 (3) of this Act as an approving officer has under that section with respect to highways being dedicated to the Crown.

Tender of plan for examination and approval

6  (1) Section 83 of this Act does not apply in relation to treaty lands.

(2) A subdivision plan in respect of a parcel of treaty lands must be tendered for examination and approval by the approving officer.

(3) The subdivision plan must be accompanied by the following:

(a) the applicable fees established under the laws of the treaty first nation;

(b) a certificate of each applicable taxing authority, including the treaty first nation, certifying

(i) that all taxes assessed on the subdivided land have been paid, and

(ii) if local improvement taxes, rates or assessments are payable by instalments, that all instalments owing at the date of the certificate have been paid;

(c) if the approving officer considers that there is reason to anticipate that the land may be resubdivided and requires this, a sketch showing that the parcels into which the land is subdivided can conveniently be further subdivided into smaller parcels;

(d) if the approving officer requires these, profiles of every new highway shown on the plan and such necessary topographical details as may indicate engineering problems to be dealt with in opening up the highways, including environmental impact or planning studies.

Matters to be considered by approving officer on application for approval

7  The approving officer may refuse to approve a subdivision plan in respect of a parcel of treaty lands if

(a) the approving officer may refuse the approval under section 86 (1) (c) of this Act, as that section applies to that parcel under the final agreement of the treaty first nation, or

(b) the cost to the treaty first nation of providing public utilities or other works or services would be excessive.

Matters to be considered in respect of treaty lands

8  (1) Section 87 of this Act does not apply in relation to treaty lands.

(2) Without limiting section 85 (3) of this Act, in considering an application for subdivision approval in respect of a parcel of treaty lands, the approving officer may refuse to approve the subdivision if the approving officer considers that the subdivision does not comply with the laws of the treaty first nation.

Acceptable descriptions of land

9  (1) If a parcel of treaty lands is being transferred, leased or donated to a treaty first nation for highway or other public purposes, the registrar may accept

(a) a metes and bounds description or an abbreviated description, with or without a reference plan or an explanatory plan, or

(b) a reference plan or an explanatory plan, with or without a metes and bounds description.

(2) The cases in which the registrar may accept the description or plan referred to in subsection (1) are in addition to the cases in which the registrar may accept the description or plan under section 99 (1) of this Act, as that section applies to a parcel of treaty lands under the final agreement of the treaty first nation.

Dedication by reference or explanatory plan

10  (1) Section 102 (1), (3) and (4) of this Act does not apply in relation to treaty lands.

(2) A treaty first nation has in relation to its treaty lands the same power to deposit a reference plan under section 102 (1) of this Act, or in the circumstances described in section 102 (2) of this Act, an explanatory plan, as the Crown has under those provisions in relation to Crown lands.

(3) The reference plan or explanatory plan must be signed by the approving officer.

(4) The deposit of the plan by the registrar operates as a dedication by the treaty first nation to the public of the land shown on the plan as a highway.

Dedication and vesting

11  (1) For the purposes of this section:

"geothermal resource" has the same meaning as in the Geothermal Resources Act;

"mineral" and "placer mineral" have the same meanings as in the Mineral Tenure Act;

"petroleum" has the same meaning as in the Petroleum and Natural Gas Act;

"provincial highway" means a highway designated on a plan as a highway that, on deposit of the plan, will vest in the Crown in right of the Province or in the BC Transportation Financing Authority.

(2) Except in relation to provincial highways, section 107 (1) of this Act does not apply in relation to treaty lands.

(3) Despite subsection (2), the deposit of a subdivision, reference or explanatory plan showing a portion of treaty lands as covered by water and as lying immediately adjacent to a lake, river, stream or other body of water not within land covered by the plan, and designated on the plan to be returned to the government, operates in the manner set out in section 107 (1) (c) to (e) of this Act.

(4) The deposit of a subdivision, reference or explanatory plan showing a portion of treaty lands as a park or public square or as a highway, other than a provincial highway, and not designated on the plan to be of a private nature, operates

(a) as an immediate and conclusive dedication by the owner to the public of that portion of the land shown as a highway, park or public square for the purpose indicated on or to be inferred from the words or markings on the plan,

(b) subject to a law of the treaty first nation, to vest in the treaty first nation title to the highway, park or public square, except to any of the following that are registered in the name of a person other than the owner:

(i) minerals or placer minerals;

(ii) coal;

(iii) petroleum;

(iv) gases;

(v) geothermal resources, and

(c) to extinguish the owner's common law property, if any, in that portion of treaty lands.

(5) An indefeasible title must not be registered for a highway, park or public square dedicated and vested under this section.

Amendment of deposited plan in certain cases

12  For the purpose of applying section 110 of this Act in relation to treaty lands, the registrar has the same powers and duties in respect of a portion of a parcel of treaty lands shown on a plan of subdivision as having been acquired by the treaty first nation for, or as having been dedicated as, a highway, park or public square as the registrar has under that section in respect of land acquired by the government or a municipality for, or dedicated as, a highway, park or public square.

Deposit of statutory right of way plan

13  (1) Section 115 (1) and (2) of this Act does not apply in relation to treaty lands.

(2) A treaty first nation may apply to the registrar to deposit a statutory right of way plan in respect of land acquired for a highway, and the registrar, if satisfied that the application and plan are in order, must assign to the plan a serial deposit number.

(3) Concurrently with or following the deposit of the statutory right of way plan, the chief administrative officer of a treaty first nation may file with the registrar a certificate in the form approved by the director certifying that all or part of the land in the statutory right of way plan has been established as a highway and the title vested in the treaty first nation in compliance with its law.

Treaty first nation law cancelling the dedication of road or public square to be filed

14  (1) A law enacted by a treaty first nation cancelling the dedication under this Act of all or part of a highway or public square must be filed in the land title office.

(2) The registrar may accept a reference plan, an explanatory plan or a description by apt descriptive words for the purposes of a law described in subsection (1).

(3) If a law is filed under subsection (1), the registrar must register in the name of the treaty first nation the indefeasible title of the land in respect of which the dedication is cancelled.

Definitions for applying Part 8

15  For the purposes of applying Part 8 of this Act in relation to treaty lands,

(a) a reference to "local authority" must be read as a reference to the treaty first nation, and

(b) a reference to "regional district" in relation to "land" must be read as a reference to a treaty first nation in relation to its treaty lands.

Cancellation of plans

16  (1) For the purpose of applying section 124 of this Act in relation to treaty lands,

(a) the reference in section 124 (1) (b) (i) to "applicable subdivision and zoning bylaws" must be read as a reference to the applicable laws of the treaty first nation relating to subdivision and zoning, and

(b) the petitioner must request and file the report required under section 124 (2) only if any part of the public area affected by the petition is vested in the Crown in right of the Province or the BC Transportation Financing Authority for highway purposes.

(2) For the purpose of applying section 125 (2) of this Act in relation to a plan in respect of treaty lands, the petitioner referred to in that section

(a) need not comply with section 125 (2) (e), and

(b) for greater certainty, must serve a copy of the petition and notice of the hearing on the treaty first nation.

(3) For the purpose of applying section 126 (b) of this Act in relation to a plan in respect of treaty lands, the petitioner referred to in that section must post the petition and any other documents, for 4 consecutive weeks before the date set for hearing, at the principal administration building of the treaty first nation.

(4) Section 131 (1) (c) and (e) of this Act does not apply in relation to treaty lands.

(5) For the purpose of applying section 133 of this Act in relation to the treaty lands of a treaty first nation,

(a) the treaty first nation has the same power to oppose the cancellation or alteration of the boundaries of all or part of a public area as the minister charged with the administration of the Transportation Act has in respect of all or part of a public area that is an arterial highway or a public area outside a municipality, and

(b) the minister charged with the administration of the Transportation Act may oppose the cancellation or alteration of boundaries of all or part of a public area only if

(i) an estate or interest in that public area is vested in the Crown in right of the Province or the BC Transportation Financing Authority for highway purposes, or

(ii) the public area intersects or is adjacent to an area in which the Crown in right of the Province or the BC Transportation Financing Authority is vested with an estate or interest for highway purposes in circumstances described in the final agreement as circumstances in which British Columbia has the right to regulate highway matters in relation to treaty lands.

(6) For the purpose of applying section 137 of this Act in relation to treaty lands, the registrar has the same power under section 137 (1) (a) to cancel the lines dividing 2 or more contiguous parcels owned by the treaty first nation as the registrar has in respect of 2 or more contiguous parcels owned by the Crown.

Air space parcels in respect of highways

17  (1) Section 142 of this Act does not apply in relation to treaty lands.

(2) If the title to all or part of a highway is vested solely in a treaty first nation, the chief administrative officer of the treaty first nation may apply to register the title to all or part of the highway in the treaty first nation, and, on registration, the treaty first nation may create air space parcels and deal with them in accordance with this Act.

(3) For the purpose of this section, an indefeasible title may be registered for all or part of a highway.

Rights of owner of surface

18  Section 179 (2) of this Act does not apply in relation to treaty lands.

Registration of debt owing to treaty first nation

19  There may be registered against the treaty lands of a treaty first nation that are registered in the name of a debtor of the treaty first nation, in the same manner as a charge is registered, a debt owing to that treaty first nation, but no debt owing to that treaty first nation affects the land of the debtor unless the debt is registered.

Statutory right of way

20  A person has the same power to create a statutory right of way in respect of treaty lands in favour of

(a) the treaty first nation as the person has in respect of the Crown under section 218 (1) (a) of this Act, and

(b) a treaty first nation corporation of the treaty first nation as the person has in respect of a Crown corporation under section 218 (1) (a) of this Act.

Registration of covenant as to use and alienation

21  A covenant in respect of a parcel of treaty lands may be created, enforced and registered under section 219 of this Act in favour of

(a) the treaty first nation, or

(b) a treaty first nation corporation of the treaty first nation

to the same extent that a covenant may be created, enforced and registered under that section in favour of the Crown.

Registration of land vested under treaty first nation law

22  (1) If treaty lands the title to which is registered become vested in a treaty first nation under a law of the treaty first nation, the registrar,

(a) on application by the chief administrative officer, and

(b) on the production of a certificate of vesting signed by the chief administrative officer and describing the land,

must register an indefeasible title to that land in the name of the treaty first nation, and cancel any existing indefeasible title to the land, or effect registration by way of charge in the name of the treaty first nation.

(2) Section 278 of this Act applies to the registration of land under this section and for this purpose a reference to "the Crown", "the government" or "the Province" must be read as a reference to the treaty first nation.

Power of registrar to lodge caveat

23  If, in the opinion of the registrar,

(a) a person empowered to administer a law of a treaty first nation has produced satisfactory evidence of a contravention of that law, and

(b) a prohibition is necessary to prevent improper dealing in a parcel of the treaty lands of the treaty first nation covered by an indefeasible title,

the registrar has the power to lodge a caveat under section 285 of this Act to prohibit dealing with that land.

Special surveys of treaty lands

24  For the purposes of applying Part 23 of this Act in relation to treaty lands,

(a) "proper officer" means an individual appointed as the proper officer by the treaty first nation, and if no individual has been appointed, the treaty first nation,

(b) a treaty first nation has the same power to request a special survey of its treaty lands, and the same obligations with respect to making the request, as the council of a municipality has under section 323 (1) (f) of this Act in respect of a special survey of lands within the municipality,

(c) a treaty first nation has the same powers and obligations in relation to paying the costs and expenses of and incidental to a special survey of its treaty lands as a municipality has under sections 324 and 327 in respect of such costs and expenses for a special survey of lands within the municipality, and

(d) a treaty first nation or its proper officer, as applicable, is entitled to be given the notices, copies of orders and other documents in respect of a special survey of its treaty lands that a municipality or the proper officer of a municipality is entitled to be given in respect of a special survey of lands within the municipality.

Part 2 — Registration of Title to Treaty Lands

Registration on effective date — evidence of good safe holding and marketable title

25  (1) If a final agreement requires registration of indefeasible titles to parcels of the treaty first nation's treaty lands on the date the final agreement is effective,

(a) in relation to treaty lands that immediately before the effective date were federal Crown lands, a certificate of a federal minister certifying that, on the effective date, the treaty first nation named in the certificate as the owner in fee simple is the owner of the estate in fee simple of the parcel described in the certificate, or

(b) in relation to treaty lands not referred to in paragraph (a), a certificate of the minister charged with the administration of the Treaty Commission Act certifying that, on the effective date, the treaty first nation named in the certificate as the owner in fee simple is the owner of the estate in fee simple of the parcel described in the certificate,

constitutes conclusive evidence to the registrar that the treaty first nation named in the certificate as the owner of the land described in the certificate is entitled to a good safe holding and marketable title in fee simple in respect of that land subject only to the charges set out in a certificate under subsection (2) and the conditions, provisos, restrictions, exceptions and reservations set out in a certificate under subsection (3).

(1.1) If a final agreement requires that a registered parcel, the indefeasible title of which is not to be registered in the name of the treaty first nation on the date the final agreement is effective, be designated on that effective date as treaty lands of the treaty first nation, a certificate that

(a) is signed by the minister charged with the administration of the Treaty Commission Act,

(b) is filed on that effective date,

(c) contains a description of the parcel sufficient for the registrar to identify it in the records, and

(d) certifies that

(i) the parcel forms part of the treaty lands of that treaty first nation,

(ii) the registered owner of the indefeasible title of the parcel and any holders of encumbrances registered against that title have consented to the parcel being treaty lands of that treaty first nation, and

(iii) section 50 of the Land Act does not apply in respect of the parcel,

constitutes conclusive evidence to the registrar of the matters certified.

(2) If an application for registration under this section is accompanied by

(a) a certificate of a federal minister, the minister charged with the administration of the Treaty Commission Act and the head of the treaty first nation certifying that, on the date the final agreement is effective, the land to which the certificate relates is subject to the charges set out in the certificate, and

(b) registrable instruments for each charge set out in the certificate,

the certificate constitutes conclusive evidence to the registrar that the land described in the certificate is subject to those charges.

(3) If an application for registration under subsection (1) or for designation under subsection (1.1) is accompanied by a certificate of the treaty first nation certifying that, on the date the final agreement is effective, the land to which the certificate relates is subject to the conditions, provisos, restrictions, including restrictions on alienation, exceptions and reservations, including royalties, set out in the certificate, the certificate constitutes conclusive evidence to the registrar that the land described in the certificate is subject to those conditions, provisos, restrictions, exceptions and reservations.

(4) If registration under this section is the first registration of an indefeasible title to the land, the application must be accompanied by a plan of the land affected by the application that has been prepared by a British Columbia land surveyor and signed by the Surveyor General.

(5) If the Surveyor General is satisfied a plan referred to in subsection (4) complies with the Surveyor General's instructions for the survey, the Surveyor General must sign the plan.

(6) The signature of the Surveyor General on a plan referred to in subsection (4) constitutes conclusive evidence to the registrar that

(a) the land shown on the plan forms part of the treaty lands, and

(b) no part of the land described in the plan is below the natural boundary, as defined in the Land Act, other than a part that is, by appropriate labels and boundary outlines, designated as such.

(7) On receiving a certificate under subsection (1),

(a) in the case of a first registration of an indefeasible title to the land, if the registrar is satisfied that the boundaries of the land are sufficiently defined by the plan referred to in subsection (4), the registrar must

(i) register the indefeasible title to the land in the name of the treaty first nation, and

(ii) if subsection (2) applies in respect of the land, register against that title the charges set out in the certificate, and

(b) in the case of parcels previously registered, the registrar must

(i) cancel any existing indefeasible titles to the land,

(ii) register the indefeasible title to the land in the name of the treaty first nation, and

(iii) if subsection (2) applies in respect of the land, register against that title the charges set out in the certificate that are not already registered against the title.

(8) On receiving a certificate under subsection (1.1), the registrar must, in respect of the parcel, endorse in the register the notation described in section 3 (1).

Approving officer approval not required

25.1  (1) For the purpose of registering the indefeasible title to treaty lands under section 25,

(a) sections 83 and 91 of the Act do not apply in relation to subdivision or reference plans that include those treaty lands and are required for that registration, and

(b) a plan referred to in paragraph (a) must be certified by the minister charged with the administration of the Treaty Commission Act as a plan to which this section applies.

Plan required with application by treaty first nation for first registration

26  (1) An application by a treaty first nation for registration of an indefeasible title to a parcel of its treaty lands for which no indefeasible title is registered at the time of application must be accompanied by

(a) a plan of the land affected by the application that has been prepared by a British Columbia land surveyor and signed by the Surveyor General,

(b) a certificate of the treaty first nation that complies with section 27 (1) of this Schedule,

(c) registrable instruments for all charges, including charges in respect of a debt owed to the treaty first nation, to which the parcel is subject, and

(d) if section 28 of this Schedule applies in respect of the registration, a certificate of transfer that complies with that section.

(2) If the Surveyor General is satisfied a plan referred to in subsection (1) (a) complies with the Surveyor General's instructions for the survey, the Surveyor General must sign the plan.

(3) The signature of the Surveyor General on a plan referred to in subsection (1) (a) constitutes conclusive evidence to the registrar that

(a) the land shown on the plan forms part of the treaty lands, and

(b) no part of the land described in the plan is below the natural boundary, as defined in the Land Act, other than a part that is, by appropriate labels and boundary outlines, designated as such.

(4) On receiving an application that complies with subsection (1), if the registrar is satisfied that the boundaries of the land are sufficiently defined by the plan referred to in subsection (1) (a), the registrar must register the indefeasible title to the land in the name of the person named in the certificate referred to in subsection (1) (b), subject only to the charges set out in that certificate.

Conclusive evidence of good safe holding and marketable title

27  (1) A certificate of a treaty first nation for the purposes of section 26 (1) (b) of this Schedule must

(a) certify that, on the date of the certificate,

(i) the person named in the certificate as the owner in fee simple is the owner of the estate in fee simple of the parcel, and

(ii) the certificate sets out all

(A) subsisting conditions, provisos, restrictions, including restrictions on alienation, exceptions and reservations, including royalties, contained in the original or any other conveyance or disposition from the treaty first nation, whether in favour of the treaty first nation or another person, and

(B) charges, including charges in respect of debts owed to the treaty first nation,

to which the estate in fee simple of the parcel is subject, and

(b) be signed not more than 7 days before the date of registration.

(2) A certificate of a treaty first nation under subsection (1) constitutes conclusive evidence to the registrar that the person named in the certificate as the owner of the land described in the certificate is entitled to a good safe holding and marketable title in fee simple in respect of that land subject only to the charges set out in the certificate.

Certificate of transfer

28  (1) If

(a) a final agreement authorizes the treaty first nation to make laws providing that treaty lands must not be registered in a name other than the treaty first nation without a certificate of transfer issued by the treaty first nation, and

(b) the registrar

(i) has received a notice under subsection (4) of the enactment of such a law and, according to the notice, that law is in force, and

(ii) has not received notice under subsection (5) of the repeal of that law or the repeal of that law, according to a notice under that subsection, is not in force

the registrar must not register the indefeasible title to a parcel of the treaty lands to which that law applies in a name other than the treaty first nation unless the application is accompanied by a certificate of the treaty first nation certifying that

(c) the certificate is issued in accordance with the laws of the treaty first nation, and

(d) the person named in the certificate as transferee of the parcel is a permitted transferee under those laws.

(2) A certificate under subsection (1) must set out the date the certificate ceases to be valid and the registrar must not accept that certificate for the purposes of that subsection unless it is tendered on or before that date.

(3) A certificate under this section constitutes conclusive evidence to the registrar that the person named in the certificate is a permitted transferee of the land described in the certificate.

(4) On or before the effective date of a law described in subsection (1) (a), or an amendment to the law changing the treaty lands to which it applies, the treaty first nation must give written notice to the registrar of the law or its amendment, setting out

(a) a legal description of the parcels of treaty lands to which the law applies sufficient for the registrar to identify those lands in the records,

(b) a legal description of the parcels of treaty lands to which the law no longer applies sufficient for the registrar to identify those lands in the records, and

(c) the date the law or amendment comes into force.

(5) If a treaty first nation has given notice under subsection (4), on or before the effective date of the repeal of the entirety of a law of the treaty first nation enacted under the authority referred to subsection (1) (a), the treaty first nation must give written notice to the registrar of the repeal setting out

(a) a legal description of the parcels of treaty lands to which the repeal applies sufficient for the registrar to identify those parcels in the records, and

(b) the date the repeal comes into force.

Additions to and deletions from treaty lands

29  (1) If a parcel of land is to be added to or deleted from the treaty lands of a treaty first nation, and, at the time of the addition or deletion, an indefeasible title to the parcel to be added or deleted is registered under this Act, the minister charged with the administration of the Treaty Commission Act must file a certificate in the land title office in respect of the land to be added or deleted.

(2) A certificate referred to in subsection (1) must

(a) contain a description of the land sufficient for the registrar to identify it in the records,

(b) state that the land has been added to or deleted from the treaty lands of the treaty first nation in accordance with its final agreement, and

(c) if in relation to a deletion from treaty lands, identify the new taxing authority.

(3) A certificate filed under this section is conclusive evidence to the registrar that the addition or deletion was made in accordance with the final agreement of the applicable treaty first nation.

Execution of instruments in respect of treaty lands

30  (1) For the purpose of applying this Act in relation to treaty lands, an instrument executed by or on behalf of the treaty first nation is conclusively deemed to be properly executed if

(a) the execution of the instrument by an authorized signatory of the treaty first nation is witnessed by an officer who is not a party to the instrument, and

(b) the execution is proved under section 44 of this Act as if the treaty first nation were a corporation.

(2) Despite subsection (1), a certificate under section 28 (1) of this Schedule is conclusively deemed to be properly executed if it is signed by an authorized signatory of the treaty first nation.

(2.1) Despite subsection (1), an instrument executed on behalf of a treaty first nation before the effective date of the treaty first nation's final agreement is conclusively deemed to be properly executed if

(a) the final agreement provides that on the effective date specified individuals will form the first government of the treaty first nation,

(b) the instrument is executed by a specified individual for that treaty first nation and witnessed by an officer who is not a party to the instrument, and

(c) the execution is proved in accordance with subsection (2.2).

(2.2) If an instrument is executed by a specified individual under subsection (2.1),

(a) the signature of the officer witnessing the execution is a certification by the officer that the individual appeared before, and acknowledged to, the officer that he or she is a specified individual, and

(b) the signature witnessed by the officer is the signature of the individual who made the acknowledgement.

(3) An instrument executed and proved in compliance with subsection (1), (2) or (2.2), as applicable in relation to the instrument, constitutes conclusive evidence to the registrar that the requirements of the laws of the treaty first nation relating to the execution of the instrument and the transaction or dealing contemplated by it have been fulfilled.

(4) If an instrument executed by or on behalf of a treaty first nation is presented for registration or filing under this Act, the registrar need not act on, inquire into or give effect to the laws of the treaty first nation or make any inquiry into the capacity of the treaty first nation or make any other inquiry into whether or not

(a) any law of the treaty first nation is in force,

(b) the transaction or dealing contemplated by the instrument was duly authorized in accordance with the laws of the treaty first nation,

(c) all rules and procedures established by the treaty first nation respecting the disposition of an estate or interest in land have been complied with, or

(d) the treaty first nation subsists as a legal entity.

(5) In addition to the limitations of liability established under sections 294.6 and 303 of this Act, none of the following are, under any circumstances, liable for compensation for loss, damage or deprivation occasioned by an ultra vires or unlawful act of a treaty first nation:

(a) the assurance fund under Part 19.1 of this Act;

(b) the assurance fund under Part 20 of this Act;

(c) the Land Title and Survey Authority;

(d) the minister.

(6) In this section:

"Indian band" means an Indian band as defined in the Indian Act (Canada);

"officer" has the same meaning as in Part 5;

"specified individual", in respect of a treaty first nation, means an individual occupying with the Indian band that will cease to exist by operation of the treaty first nation's final agreement, a position the occupant of which will be a member of that treaty first nation's first government under that final agreement.

Part 3 — Cancelling Registration of Treaty Lands

Cancelling registration of treaty lands

31  (1) If a treaty first nation or a treaty first nation corporation is the registered owner of the estate in fee simple in a parcel of the treaty first nation's treaty lands and that parcel is free of encumbrances except those in favour of the treaty first nation, on application of the treaty first nation accompanied by

(a) any duplicate indefeasible title issued in respect of the parcel, and

(b) evidence satisfactory to the registrar of the consent of the registered owner of the parcel,

the registrar must cancel the registration of the indefeasible title, and the duplicate indefeasible title, to the parcel together with the registration of any interest, the benefit of which was appurtenant to that indefeasible title.

(2) For certainty, if registration is cancelled under subsection (1), this Act ceases to apply to the parcel.

Part 4 — Treaty First Nation Fee Simple Lands

Definition

32  In this Part, "treaty first nation fee simple lands" means lands that on the effective date of a treaty first nation's final agreement

(a) will be owned in fee simple by the treaty first nation in accordance with the final agreement, and

(b) will not form any part of the treaty lands of that treaty first nation.

Approving officer approval not required

33  For the purpose of registering the indefeasible title to treaty first nation fee simple lands in the name of the treaty first nation on the effective date of the treaty first nation's final agreement,

(a) sections 83 and 91 of the Act do not apply in relation to subdivision or reference plans that include those treaty first nation fee simple lands and are required for that registration, and

(b) a plan referred to in paragraph (a) must be certified by the minister charged with the administration of the Treaty Commission Act as a plan to which this section applies.

Part 5 — Exemptions from fees

34  Despite sections 386 and 386.1 of the Act, no fee under this Act or the bylaws of the Land Title and Survey Authority is payable by Canada, the treaty first nation or any other person in relation to any of the following:

(a) the first registration of indefeasible title to a parcel in the name of the treaty first nation if the parcel is, under the final agreement,

(i) vested in the treaty first nation on the effective date, or

(ii) a parcel that under that final agreement may be added after that effective date to the treaty lands of that treaty first nation;

(b) the first registration of an instrument granting an estate or interest in treaty lands if the estate or interest is required under the final agreement to be registered in the land title office;

(c) the deposit of any plan, or a certificate under this Schedule, in relation to a matter referred to in paragraph (a) or (b);

(d) the issuance of a State of Title Certificate in relation to a matter referred to in paragraph (a) or (b);

(e) the filing of a certificate under section 25 (1.1).

Contents | Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 10.1 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 19.1 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 24.01 | Part 24.1 | Part 24.2 | Part 25 | Schedule 1 | Schedule 2