Contents
- Her Excellency the Governor General in Council, on the rec…
- Interpretation
- Operation of Registry
- Abstracts
- Application to Register or Record Documents
- Grounds for Refusing Registration or Recording
- Registration or Recording of Documents
- Effect of Registration
- Conflicts
- Transition to Priority System
- Coming into Force
Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to section 13 of the Westbank First Nation Self-Government Act, hereby makes the annexed Westbank First Nation Land Registry Regulations.note
Interpretation
1Definitions#
The following definitions apply in these Regulations.
applicant means a person who submits an application for registration or recording. (demandeur)
general abstract, in respect of a reserve, means an electronic abstract of registered interests and recorded documents that affect all lands on the reserve. (répertoire général)
Land Registry means the office referred to in section 2. (bureau d’enregistrement)
official plan means a graphical description of boundaries of land prepared from field notes of a survey confirmed under section 29 of the Canada Lands Surveys Act. (plan officiel)
parcel abstract means an electronic abstract of registered interests and recorded documents that affect an individual parcel of Westbank lands. (répertoire de lot)
Registrar means the officer in the Department of Indian Affairs and Northern Development responsible for the management of the Land Registry. (registraire)
registration plan means a graphical description of the boundaries of land made by the Surveyor General under section 31 of the Canada Lands Surveys Act. (plan d’enregistrement)
textual description means a metes and bounds description of Westbank lands or any other description of Westbank lands that does not refer exclusively to one or more complete parcels on a registration plan or official plan. (description textuelle)
Operation of Registry
2Registry location#
The Register shall be maintained in an office located in the National Capital Region and known as the Westbank First Nation Land Registry.
3Office hours#
(1)The Land Registry shall be open to the public from Monday to Friday, except on holidays, from 8:30 a.m. to 4:00 p.m. EST or EDST, as applicable.
(2)Despite subsection (1), a document may be transmitted for registration or recording in accordance with section 12 at any time.
4Limitation on activities#
Neither the Registrar nor any employee of the Land Registry shall express an opinion about any interest or licence in Westbank land, including whether
(a)a document submitted for registration or recording is validly made; or
(b)a document has been registered, as opposed to having been recorded.
5Examination of Register#
Any person may, during the hours referred to in subsection 3(1), inspect at the Land Registry the electronic image of any document that is registered or recorded in the Register.
Abstracts
8Abstracts#
The following abstracts shall be included in the Register:
(a)for each reserve of the Westbank First Nation, a general abstract; and
(b)for each parcel of Westbank land, a parcel abstract.
9Restriction#
The Registrar shall not create a parcel abstract unless the parcel abstract refers exclusively to a lot described on an official plan or registration plan.
Application to Register or Record Documents
10Application to register or record#
(1)Any person may apply for the registration or recording in the Register of a document that affects Westbank land
(a)in person, by submitting the document and a completed application for registration or recording to the Registrar at the address set out in section 11;
(b)by mailing the document and a completed application for registration or recording to the Registrar at the address set out in section 11; or
(c)electronically, in the manner set out in section 12.
(2)An application for registration or recording shall contain the following information in relation to the document submitted for registration or recording:
(a)the names of all parties to the document;
(b)the name and address of the person who completed the application;
(c)the type of document;
(d)if applicable, the date of execution of the document or, if there is more than one date indicated, the most recent date;
(e)the province where the Westbank land is located;
(f)the name of the Westbank First Nation, the name of the reserve and the lot number, if any, associated with the land;
(g)the land description;
(h)a list of any supporting documents accompanying the document submitted for registration or recording; and
(i)if two or more documents that are to be registered or recorded are submitted together by mail, directions regarding the order to be respected in registering or recording each document relative to each other.
11Submission by mail#
A document to be registered or recorded and a completed application for registration or recording may be mailed or delivered in person to the Registrar atRegistrarWestbank First Nation Land Registry10 Wellington StreetGatineau, QuebecK1A 0H4
12Electronic transmission#
(1)A document to be registered or recorded may be submitted electronically to the Registrar
(a)by completing an application for registration or recording online at the Registry Internet website at www.ainc-inac.gc.ca; and
(b)attaching the document as an electronic file in a form referred to in subsection (2).
(2)A document transmitted electronically to the Registrar must be in the form of one or more images contained in a single file, scanned from the original document at a resolution of at least 200 dpi, in Adobe Acrobat (.pdf) format or tagged image file (.tif) format.
14Tracking number#
(1)On receipt of an application and document that were transmitted electronically in accordance with section 12, the Registrar shall transmit to the applicant by e-mail an acknowledgement of receipt and a tracking number and provide a copy of the acknowledgement and tracking number to the Westbank First Nation.
15Original document#
The following documents may be submitted for registration or recording instead of an original document:
(a)a copy of a judgment or court order, certified by the court;
(b)a copy of a document registered in a provincial registry or land titles system, certified by the appropriate provincial registrar;
(c)a copy of a death certificate, marriage certificate, name change certificate, power of attorney, will, approval or probate of will or appointment of administrator, certified by the person who has custody of the original;
(d)a copy of a certificate of amalgamation or change of name of a corporation, certified by the agency responsible for recording the amalgamation or change of name;
(e)a copy of an order in council, certified by the Clerk of the Privy Council;
(f)a copy of a ministerial order; and
(g)a copy of a document issued by the Westbank First Nation, certified by the person who has custody of the original.
Grounds for Refusing Registration or Recording
16Formal requirements#
(a)it is not dated;
(b)it is not legible;
(c)it does not identify each party to the document;
(d)the information contained in the application for registration or recording conflicts with the information contained in the document; or
(e)the land description does not meet the requirements of subsection 17(1) or section 18 or 19.
17Survey requirements#
(1)No document that purports to
(a)grant an interest or licence in Westbank land for a term of 10 or more years, other than an interest or licence granted to a member of the Westbank First Nation,
(b)grant a strata title, a condominium interest or any similar interest,
(c)allocate or transfer lawful possession of Westbank land to a member, or
(d)expropriate an interest in Westbank land for a community purpose under section 105 of the Agreement,
shall be registered or recorded unless the land description contained in the document consists exclusively of a reference to one or more complete parcels on a registration plan or official plan.
(2)The term of a document referred to in paragraph (1)(a) includes the period of any right of renewal or extension of the document.
(3)Subsection (1) does not apply to easements.
18Requirements for land descriptions#
If a document purports to
(a)exchange Westbank land for land that is to become Westbank land in accordance with sections 92 to 95 of the Agreement, or
(b)define the exterior boundaries of Westbank land,
the Registrar shall not register or record the document unless the land description in the document is derived from an official plan or registration plan.
19Utilities#
The Registrar shall not register or record a document that contains a textual description unless the document grants an interest in unencumbered land, or a licence to a utility company in respect of unencumbered land, for the purpose of providing service to the residents of a reserve.
Registration or Recording of Documents
20Order of registration or recording#
(1)Subject to section 21, the Registrar shall register or record each document submitted for registration or recording that accords with the requirements of these Regulations in the order that it is received by the Land Registry.
(2)A document is considered to have been registered or recorded
(a)if the document was transmitted electronically, at the time and date indicated on the electronic acknowledgement of receipt; and
(b)if the document was sent by mail, at the time and date of receipt stamped on the document by the Registrar.
21Multiple submissions#
If two or more documents affecting the same parcel of Westbank land are submitted for registration or recording at the same time by the same person and the documents meet the requirements of these Regulations for registration or recording, the Registrar shall register or record them in the order indicated on the applications for registration or recording.
22Registry information#
(1)If a document submitted for registration or recording meets the requirements of these Regulations, the Registrar shall record the following information in the appropriate abstract:
(a)the names of all parties to the document;
(b)the type of document;
(c)the Westbank land affected;
(d)if applicable, the date of execution of the document or, if there is more than one date indicated, the most recent date;
(e)the tracking number assigned to the document at the time of receipt; and
(f)the date and time of registration or recording.
(2)If a document submitted for registration or recording affects a reserve of the Westbank First Nation as a whole, the Registrar shall register or record in the general abstract for the reserve the information required under subsection (1).
(3)If a document submitted for registration or recording affects a particular parcel of Westbank land, the Registrar shall register or record in the parcel abstract for that parcel the information required under subsection (1).
24Registration or recording refused#
(1)If a document submitted for registration or recording does not meet the requirements of these Regulations, the Registrar shall return to the applicant the application for registration or recording and all supporting documents accompanying it, and provide written reasons for the refusal to register or record the document.
(2)The Registrar shall provide a copy of the reasons for refusal to the Westbank First Nation.
25Electronic storage#
The Registrar shall store in electronic form every document registered or recorded under these Regulations.
Effect of Registration
28Priority#
(1)Subject to section 31, interests registered under these Regulations that affect the same parcel of Westbank land have priority according to the time and date of their registration and not according to the time and date of their execution.
(2)For greater certainty, subsection (1) does not apply to a document that does not grant an interest in Westbank land.
29Unregistered interests#
A registered interest affecting a parcel of Westbank land is entitled to priority over an unregistered interest affecting the same parcel of Westbank land.
30Revolving mortgages#
A registered mortgage has priority over a subsequently registered interest that affects the same parcel of Westbank land, to the extent of the money actually advanced under the mortgage, to a maximum of the amount secured by the mortgage, even if all or part of the money was advanced after the registration of the subsequently registered interest, unless the mortgagee had actual notice of the registration of the subsequently registered interest before making the advance.
31Deferred priority#
(1)The holder of a registered interest, or a person applying to register an interest, may apply to record a postponement agreement that gives priority over the registered interest to a specified interest that was, or is to be, subsequently registered.
(2)On the recording of a postponement agreement, priority shall be accorded to the interests referred to in the agreement in the manner provided for in the agreement.
Conflicts
Transition to Priority System
Coming into Force
Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.