First Nations Land Registry Regulations (SOR/2007-231)

Regulations are current to 2017-11-20 and last amended on 2008-09-05. Previous Versions

Marginal note:Fax transmissions

 A document shall not be transmitted for registration or recording by fax.

Marginal note:Tracking 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 first nation whose lands are affected.

  • Marginal note:Tracking number

    (2) On receipt of an application and document that were submitted for registration or recording by mail, the Registrar shall mail an acknowledgement of receipt and a tracking number to the applicant and provide a copy of the acknowledgement and tracking number to the first nation whose lands are affected.

Marginal note:Original 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 a first nation, certified by the person who has custody of the original.

Grounds for Refusing Registration or Recording

Marginal note:Grounds for refusing registration or recording

 The Registrar shall not register or record a document if

  • (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.

Marginal note:Survey requirements
  •  (1) No document that purports to

    • (a) grant an interest — or, in Quebec, a right — in first nation land or a licence for a term of 10 or more years, other than an interest, right or licence granted to a member of the first nation,

    • (b) grant a strata title, a condominium interest — or, in Quebec, a divided co-ownership right — or any similar interest or right,

    • (c) allocate or transfer lawful possession of first nation land to a first nation member, or

    • (d) expropriate an interest — or, in Quebec, a right — in first nation land for a community work or other first nation community purposes under section 28 of the Act,

    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.

  • Marginal note:Renewal or extension

    (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.

  • Marginal note:Exception

    (3) Subsection (1) does not apply to easements or, in Quebec, to servitudes.

  • SOR/2008-263, s. 5.
Marginal note:Requirements for land descriptions

 If a document purports to

  • (a) exchange first nation land for land that is to become first nation land in accordance with section 27 of the Act, or

  • (b) define the exterior boundaries of first nation 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.

Marginal note:Utilities

 The Registrar shall not register or record a document that contains a textual description unless the document grants an interest — or, in Quebec, a right — 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.

  • SOR/2008-263, s. 6.

Registration or Recording of Documents

Marginal note:Order of registration or recording
  •  (1) Subject to section 21, the Registrar shall register or record each document submitted for registration or recording that meets the requirements of these Regulations in the order that it is received by the First Nations Land Registry.

  • Marginal note:Time of registration or recording

    (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.

Marginal note:Multiple submissions

 If two or more documents affecting the same parcel of first nation 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.

Marginal note:Registry 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 first nation land affected;

    • (d) if applicable, the date the document was executed — or, in Quebec, signed according to all the required formalities for its validity — 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 its receipt; and

    • (f) the date and time of registration or recording.

  • Marginal note:General abstract

    (2) If a document submitted for registration or recording affects a reserve as a whole, the Registrar shall register or record in the general abstract for the reserve the information required under subsection (1).

  • Marginal note:Parcel abstract

    (3) If a document submitted for registration or recording affects a particular parcel of first nation land, the Registrar shall register or record in the parcel abstract for that parcel the information required under subsection (1).

  • SOR/2008-263, s. 7.
Marginal note:Notification

 On the registration or recording of a document, the Registrar shall notify the applicant and the first nation of the registration or recording without delay.

Marginal note:Registration 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.

  • Marginal note:Copy of reasons

    (2) The Registrar shall provide a copy of the reasons for refusal to the first nation.

Marginal note:Electronic storage

 The Registrar shall store in electronic form every document registered or recorded under these Regulations.

Marginal note:Return of registered document

 After a document that was submitted to the Registrar in paper form has been registered or recorded, the Registrar shall return the original document to the applicant.

 
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