Qp Date

Maa-nulth First Nations Final Agreement Act

[SBC 2007] CHAPTER 43

Schedule

Maa-nulth First Nations Final Agreement

CHAPTER 3 — LAND TITLE

3.1.0  FEDERAL TITLE REGISTRATION

3.1.1 Federal land title and federal land registry laws do not apply to any parcel of Maa‑nulth First Nation Lands other than laws in respect of the survey and recording of estates that are owned by Canada and are in Maa‑nulth First Nation Lands.

3.2.0  LAND TITLES SYSTEM

3.2.1 The Land Title Act does not apply to a parcel of Maa‑nulth First Nation Lands for which:

a. no application has been made under that Act, in accordance with this Agreement, for the registration of an indefeasible title;

b. an application has been made under that Act, in accordance with this Agreement, for the registration of an indefeasible title and that application has been withdrawn or rejected; or

c. the indefeasible title under that Act has been cancelled under that Act, in accordance with this Agreement.

3.2.2 If a Maa‑nulth First Nation applies under the Land Title Act, in accordance with this Agreement, for the registration of an indefeasible title to a parcel of its Maa‑nulth First Nation Lands, then, effective from the time of application and until the application has been withdrawn or rejected, or the indefeasible title for that parcel is cancelled, the Land Title Act applies to the parcel.

3.2.3 Notwithstanding 13.14.2, if the Land Title Act applies to a parcel of Maa‑nulth First Nation Lands, the Land Title Act prevails to the extent of a Conflict with Maa‑nulth First Nation Law under 13.14.1 in respect of that parcel.

3.3.0  APPLICATION FOR REGISTRATION OF INDEFEASIBLE TITLE

3.3.1 Each Maa‑nulth First Nation, but no other person, may apply under the Land Title Act for the registration of an indefeasible title to a parcel of its Maa‑nulth First Nation Lands for which no indefeasible title is registered at the time of application, and such application may be made in the name of that Maa‑nulth First Nation or on behalf of another person.

3.4.0  LAND TITLE FEES

3.4.1 If a Maa‑nulth First Nation applies for the registration of an indefeasible title to a parcel of its Maa‑nulth First Nation Lands for which no indefeasible title has been registered after the Effective Date, and the proposed registered owner of the estate in fee simple is that Maa‑nulth First Nation, or a Maa‑nulth First Nation Corporation or Maa‑nulth First Nation Public Institution of that Maa‑nulth First Nation, no land title fees are payable in respect of the application by which the proposed registered owner is to become the registered owner.

3.5.0  MAA‑NULTH FIRST NATION CERTIFICATE

3.5.1 A Maa‑nulth First Nation, when applying for the registration of an indefeasible title to a parcel of its Maa‑nulth First Nation Lands in accordance with 3.3.1, will provide to the Registrar:

a. a description or plan of the boundaries of the parcel;

b. a certificate of the Maa‑nulth First Nation Government of that Maa‑nulth First Nation certifying that, on the date of the Maa‑nulth First Nation Certificate, the person named as the owner of the estate in fee simple in the Maa‑nulth First Nation Certificate is the owner of the estate in fee simple in the parcel, and certifying that the Maa‑nulth First Nation Certificate sets out all:

i. subsisting conditions, provisos, restrictions, exceptions, and reservations contained in the original or any other conveyance or Disposition from the Maa‑nulth First Nation that are in favour of the Maa‑nulth First Nation, or that are in favour of another person;

ii. estates or Interests; and

iii. charges in respect of a debt owed to that Maa‑nulth First Nation,

to which the estate in fee simple in the parcel is subject; and

c. registrable copies of all documents necessary to register all of the items referred to in 3.5.1b.

3.5.2 A Maa‑nulth First Nation Certificate expires if:

a. within seven days of the date of the Maa‑nulth First Nation Certificate, the Maa‑nulth First Nation has not applied for registration of an indefeasible title to the parcel referred to in the Maa‑nulth First Nation Certificate; or

b. an application in accordance with 3.3.1 has been made but that application has been withdrawn or rejected.

3.6.0  REGISTRATION OF INDEFEASIBLE TITLE

3.6.1 If a Maa‑nulth First Nation makes an application for the registration of indefeasible title to a parcel of its Maa‑nulth First Nation Lands in accordance with 3.3.1, on being satisfied that:

a. a good, safe holding and marketable title to an estate in fee simple in the parcel has been established by that Maa‑nulth First Nation;

b. the boundaries of the parcel are sufficiently defined by the description or plan provided by that Maa‑nulth First Nation;

c. all of the estates, Interests and other charges described in the Maa‑nulth First Nation Certificate are registrable under the Land Title Act; and

d. the Maa‑nulth First Nation Certificate has not expired in accordance with 3.5.2,

the Registrar will:

e. register the indefeasible title to the parcel;

f. make a notation on the indefeasible title that the parcel is Maa‑nulth First Nation Lands of that Maa‑nulth First Nation and may be subject to conditions, provisos, restrictions, exceptions and reservations in favour of that Maa‑nulth First Nation;

g. register as charges the estates and Interests described in 3.5.1b.ii. and the other charges described in 3.5.1b.iii; and

h. provide a copy of the indefeasible title to that Maa‑nulth First Nation.

3.6.2 The Registrar is entitled to rely on, and is not required to make any inquiries in respect of, the matters certified in the Maa‑nulth First Nation Certificate and a person deprived of an estate, Interest, condition, proviso, restriction, exception or reservation, in or to a parcel of Maa‑nulth First Nation Lands as a result of the reliance by the Registrar on a Maa‑nulth First Nation Certificate and the issuance by the Registrar of an indefeasible title based on the Maa‑nulth First Nation Certificate, has no recourse, at law or in equity, against the Registrar, the Assurance Fund, British Columbia or Canada.

3.6.3 For greater certainty no title adverse to, or in derogation of, the indefeasible title of the registered owner of a parcel of Maa‑nulth First Nation Lands under the Land Title Act may be acquired by length of possession and subsection 23 (4) of the Land Title Act does not apply in respect of Maa‑nulth First Nation Lands.

3.7.0  CANCELLATION OF INDEFEASIBLE TITLE

3.7.1 Each Maa‑nulth First Nation, and no other person, may apply under the Land Title Act, in accordance with this Chapter, for cancellation of the registration of an indefeasible title to a parcel of its Maa‑nulth First Nation Lands.

3.7.2 Each Maa‑nulth First Nation, when applying under the Land Title Act, in accordance with this Chapter, for the cancellation of the registration of an indefeasible title to a parcel of its Maa‑nulth First Nation Lands, will provide to the Registrar an application for cancellation of registration and will deliver to the Registrar any duplicate indefeasible title that may have been issued in respect of that parcel.

3.7.3 Upon receiving an application from a Maa‑nulth First Nation for cancellation of the registration of an indefeasible title to a parcel of its Maa‑nulth First Nation Lands in accordance with 3.7.1 and 3.7.2, and if:

a. the registered owner of the estate in fee simple in the parcel is that Maa‑nulth First Nation, or a Maa‑nulth First Nation Corporation of that Maa‑nulth First Nation, and that Maa‑nulth First Nation Corporation provides written consent; and

b. the indefeasible title to the parcel is free and clear of all charges, except those in favour of the Maa‑nulth First Nation,

the Registrar will cancel the registration of the indefeasible title.

3.8.0  AMENDMENTS TO LAND TITLE ACT

3.8.1 Provincial Settlement Legislation will amend the Land Title Act:

a. to give effect to this Agreement;

b. so that, under that Act, the position of a Maa‑nulth First Nation and its Maa‑nulth First Nation Government in relation to its Maa‑nulth First Nation Lands is analogous to:

i. the provincial Crown and the provincial government in relation to provincial Crown land, or

ii. a Municipality and its council, a Regional District and its board or an improvement district and its board of trustees, in relation to lands in a Municipality, Regional District or improvement district, as applicable; and

c. to provide for the appointment of an approving officer by each Maa‑nulth First Nation for its Maa‑nulth First Nation Lands.

Contents  |  Sections 1 to 31  |  Schedule - Contents  |  Schedule - Preamble  |  Schedule - Chapter 1  |  Schedule - Chapter 2  |  Schedule - Chapter 3  |  Schedule - Chapter 4  |  Schedule - Chapter 5  |  Schedule - Chapter 6  |  Schedule - Chapter 7  |  Schedule - Chapter 8  |  Schedule - Chapter 9  |  Schedule - Chapter 10  |  Schedule - Chapter 11  |  Schedule - Chapter 12  |  Schedule - Chapter 13  |  Schedule - Chapter 14  |  Schedule - Chapter 15  |  Schedule - Chapter 16  |  Schedule - Chapter 17  |  Schedule - Chapter 18  |  Schedule - Chapter 19  |  Schedule - Chapter 20  |  Schedule - Chapter 21  |  Schedule - Chapter 22  |  Schedule - Chapter 23  |  Schedule - Chapter 24  |  Schedule - Chapter 25  |  Schedule - Chapter 26  |  Schedule - Chapter 27  |  Schedule - Chapter 28  |  Schedule - Chapter 29  |  Appendix - Contents  |  Appendix - Introduction  |  Appendix A  |  Appendix B  |  Appendix C  |  Appendix D  |  Appendix E  |  Appendix F  |  Appendix G  |  Appendix H  |  Appendix I  |  Appendix J  |  Appendix K  |  Appendix L  |  Appendix M  |  Appendix N  |  Appendix O  |  Appendix P  |  Appendix Q  |  Appendix R  |  Appendix S  |  Appendix T  |  Appendix U  |  Appendix V  |  Appendix W  |  Appendix X  |  Appendix Y