Cree-Naskapi Land Registry Regulations (SOR/86-1070)

Surveys of Category IA and IA-N Land

• 18 (1) The central land registrar may submit a request to the Minister for a survey or resurvey pursuant to Part II of the Canada Lands Surveys Act of all or any part of the Category IA or IA-N land of a band.

• (2) The central land registrar shall consider any request from a band regarding a survey of any portion of the Category IA or IA-N land of the band.

19 Nothing in these Regulations prevents a person from arranging for a survey or resurvey of Category IA or IA-N land in accordance with Part II of the Canada Lands Surveys Act but the costs of such a survey or resurvey shall be the responsibility of that person.

Examination and Copies

• 20 (1) Any documents registered pursuant to these Regulations, index books, copies of land registry plans and copies of surveys that are kept at a land registry office and any documents referred to in section 36 that are deposited at a land registry office shall be available for examination during the hours of operation of the office, as set out in section 5.

• (2) A person may, on request, obtain from the central land registry office or where feasible, from a local land registry office a certified copy of any document, sheet of an index book, land registry plan or sheet of a land registry plan that is kept at the land registry office or any document referred to in section 36 that is deposited at the office pursuant to that section.

• (3) A copy of the Act and these Regulations shall be prominently displayed and available for examination in each local land registry office and in the central land registry office.

PART III

Procedure for Registering Rights and Interests

21 A person who wishes to register a right or interest in the Category IA or IA-N land of a band or in a building situated thereon shall forward documents evidencing that right or interest to the local land registry office for the band or to the central land registry office.

Receipt of Document

22 A registrar of a land registry office shall record, in chronological order, in the entry book for the office, the following information in respect of each document received at that office pursuant to section 21,

• (a) the year, month, day and hour that the document was accepted for registration or rejected by the registrar;

• (b) the date of the document;

• (c) the name of each person who is a party to the document;

• (d) the nature of the right or interest evidenced in the document; and

• (e) the CRINA number, if any, of the right or interest evidenced in the document.

Rejection of Document

• 23 (1) Subject to subsections (3) to (5), a registrar of a land registry office shall reject a document forwarded to the land registry office pursuant to section 21 or paragraph 24(1)(d) for the purpose of registering the right or interest evidenced by the document, if the document

  • (a) is not dated;

  • (b) does not identify each party to the document;

  • (c) does not set out the address of each party to the document;

  • (d) does not set out the nature of the right or interest evidenced in the document;

  • (e) neither sets out the CRINA number of the right or interest evidenced in the document nor is accompanied by a sketch that clearly shows the boundaries of the land or the building, or both, referred to in the document and the number of the block in which and the land registry plan on which the right or interest is located;

  • (f) in the case of a document that evidences a right or interest but does not set out the CRINA number of the right or interest, does not include in addition to a sketch referred to in paragraph (e), a metes and bounds description of the boundaries of the land or building, or both, referred to in the document and the number of the block in which and the land registry plan on which the right or interest is located;

  • (g) is not signed and witnessed; or

  • (h) in the case of a document evidencing a right or interest the granting or transfer of which requires the approval or consent of the electors of the appropriate band pursuant to the Act,

    • (i) is not accompanied by a statement or certificate

      • (A) confirming that the grant or transfer has been approved or consented to by the electors of the band, and

      • (B) signed by the secretary of the band or by a person designated by a by-law of the band to exercise the powers of the band secretary pursuant to section 42 of the Act, or

    • (ii) does not refer to a statement or certificate, described in subparagraph (i) that has been registered pursuant to these Regulations or deposited pursuant to section 36.

• (2) Where a registrar of a land registry office rejects a document pursuant to subsection (1), the registrar shall return the document to the person who forwarded it to the land registry office.

• (3) Paragraphs (1)(e) to (g) do not apply to documents evidencing a right or interest granted or transferred during the period beginning on the day the Act comes into force and ending on the day these Regulations come into force, if the right or interest

  • (a) is registered pursuant to these Regulations on a day that is within six months after the day these Regulations come into force; and

  • (b) is sufficiently described or depicted to enable the appropriate local land registrar and the central land registrar to identify and depict the right or interest on the appropriate land registry plan.

• (4) Paragraph (1)(f) does not apply to documents evidencing a grant by a band of a right or interest in a building for residential purposes, a right of superficie or the transfer of such a right or interest.

• (5) Subsection (1) does not apply in respect of a notice referred to in subsection 136(7) of the Act.

Acceptance of Document

• 24 (1) Where a registrar accepts a document received pursuant to section 21, the registrar shall

  • (a) stamp on the document the year, month, day and hour that the document was accepted for registration by the registrar;

  • (b) make two certified copies of the document;

  • (c) endorse and date the information referred to in paragraph (a); and

  • (d) forthwith forward the document and one of the endorsed certified copies to the appropriate local land registry office or the central land registry office, as the case may be.

• (2) Where a document accepted for registration by a registrar is not, in the opinion of the registrar, of a material quality to ensure legibility and durability, the registrar shall prepare a true copy of the document and the true copy shall be considered the original document for registration purposes.

• (3) Where a document accepted for registration by a registrar is written in the Cree or Naskapi language, the registrar shall prepare a memorial of the document in either the English or the French language and attach the memorial to the document.

• (4) A memorial prepared pursuant to subsection (3) shall be accompanied by an affidavit of the registrar who prepared the memorial attesting to the facts that the registrar understands the languages in which the memorial and the document are written, the registrar has carefully compared the memorial and the document, and the memorial is in all respects an accurate summary of the matters referred to in the document.

Receipt of Accepted Document

• 25 (1) Where a registrar of a land registry office receives a document and an endorsed certified copy of the document forwarded pursuant to paragraph 24(1)(d), the registrar shall record in chronological order in the entry book for the land registry office the following information in respect of the document:

  • (a) the year, month and day that the document was accepted for confirmation of registration or rejected by the registrar;

  • (b) the year, month, day and hour that the document was accepted under subsection 24(1) for registration; and

  • (c) the information referred to in paragraphs 22(b) to (e).

• (2) Where a registrar rejects a document received pursuant to paragraph 24(1)(d), the registrar shall return the document to the registrar who forwarded it pursuant to paragraph 24(1)(d) and that registrar shall return the document to the person who forwarded it for registration pursuant to section 21.

• (3) Where a registrar of a land registry office accepts for confirmation of registration a document received pursuant to paragraph 24(1)(d), the registrar shall

  • (a) assign a registration number to the document and the certified copy of the document and record that number in the entry book for the office;

  • (b) stamp on the document and on the certified copy the words "registration confirmed" and "enregistrement confirmé" and the year, month and day that the document was accepted for confirmation of registration by the registrar;

  • (c) endorse and date the information referred to in paragraph (b); and

  • (d) forthwith forward

    • (i) in the case of a local land registrar, the confirmed document to the central land registrar, or

    • (ii) in the case of the central land registrar, the confirmed certified copy of the document to the appropriate local land registrar.

Receipt of Confirmed Document

26 Where a registrar of a land registry office receives a confirmed document or certified copy pursuant to paragraph 25(3)(d), the registrar shall

• (a) assign a registration number to the document or certified copy; and

• (b) record in the entry book for the office,

  • (i) the registration number assigned pursuant to paragraph (a), and

  • (ii) the registration number assigned pursuant to paragraph 25(3)(a) and the date, referred to in paragraph 25(3)(b), on which the registration of the document was confirmed.

Index Books

• 27 (1) In respect of each document the acceptance of which has been confirmed for registration under subsection 25(3), the local land registrar who accepted or confirmed the acceptance of the document and the central land registrar shall record the following information in the appropriate index of names:

  • (a) the name and number of the appropriate band;

  • (b) the name, in alphabetical order, of each person who is a party to the document;

  • (c) the registration number of the document assigned by the local land registrar and the registration number assigned by the central land registrar;

  • (d) the date the document was accepted under subsection 24(1) for registration;

  • (e) the date the registration of the document was confirmed under subsection 25(3);

  • (f) the date of the document;

  • (g) the nature of the right or interest evidenced in the document; and

  • (h) the CRINA number of the right or interest evidenced in the document.

• (2) In respect of each document that affects a right or interest in a block of Category IA or IA-N land of a band, the acceptance of which has been confirmed for registration under subsection 25(3), the local land registrar who accepted or confirmed the acceptance of the document and the central land registrar shall record the following information in the appropriate index of land:

  • (a) the name and number of the band;

  • (b) the name of each person who is a party to the document;

  • (c) the registration number of the document assigned by the local land registrar and the registration number assigned by the central land registrar;

  • (d) the date the document was accepted under subsection 24(1) for registration;

  • (e) the date the registration of the document was confirmed under subsection 25(3);

  • (f) the date of the document;

  • (g) the nature of the right or interest evidenced in the document; and

  • (h) the CRINA number of the right or interest evidenced in the document.

• (3) In respect of each document that affects a right or interest in a building situated on Category IA or IA-N land of a band, the acceptance of which has been confirmed for registration under subsection 25(3), the local land registrar who accepted or confirmed the acceptance of the document and the central land registrar shall record the following information in the appropriate general index of buildings:

  • (a) the name and number of the band;

  • (b) the name of each person who is a party to the document;

  • (c) the registration number of the document assigned by the local land registrar and the registration number assigned by the central land registrar;

  • (d) the date the document was accepted under subsection 24(1) for registration;

  • (e) the date the registration of the document was confirmed under subsection 25(3);

  • (f) the date of the document;

  • (g) the nature of the right or interest evidenced by the document; and

  • (h) the CRINA number of the right or interest evidenced by the document.