Westbank First Nation Land Registry Regulations (SOR/2007-232)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

applicant

applicant means a person who submits an application for registration or recording.  (demandeur)

general abstract

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

Land Registry means the office referred to in section 2. (bureau d’enregistrement)

official plan

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

parcel abstract means an electronic abstract of registered interests and recorded documents that affect an individual parcel of Westbank lands. (répertoire de lot)

Register

Register means the Westbank Lands Register. (registre)

Registrar

Registrar means the officer in the Department of Indian Affairs and Northern Development responsible for the management of the Land Registry. (registraire)

registration plan

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

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

Marginal note:Registry location

2 The Register shall be maintained in an office located in the National Capital Region and known as the Westbank First Nation Land Registry.

Marginal note:Office hours

• 3 (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.

• Marginal note:Electronic registration or recording

  (2) Despite subsection (1), a document may be transmitted for registration or recording in accordance with section 12 at any time.

Marginal note:Limitation on activities

4 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.

Marginal note:Examination of Register

5 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.

Marginal note:Copies

6 On request, the Registrar shall provide a copy or certified copy of a document registered or recorded in the Register.

Marginal note:Registrar’s certificate

7 On request, the Registrar shall issue a certificate indicating all the interests registered and other documents recorded on the abstract of a specified parcel of Westbank land.

Abstracts

Marginal note:Abstracts

8 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.

Marginal note:Restriction

9 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

Marginal note:Application to register or record

• 10 (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.

• Marginal note:Information

  (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.

Marginal note:Submission by mail

11 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 at

• Registrar
  • Westbank First Nation Land Registry
  • 10 Wellington Street
  • Gatineau, Quebec
  • K1A 0H4

Marginal note:Electronic transmission

• 12 (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).

• Marginal note:File format

  (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.

Marginal note:Fax transmissions

13 Documents shall not be transmitted for registration or recording by fax.

Marginal note:Tracking number

• 14 (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.

• 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 Westbank First Nation.

Marginal note:Original document

15 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

Marginal note:Formal requirements

16 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

• 17 (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.

• 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.

Marginal note:Requirements for land descriptions

18 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.

Marginal note:Utilities

19 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

Marginal note:Order of registration or recording

• 20 (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.

• 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

21 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.

Marginal note:Registry information

• 22 (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.

• Marginal note:General abstract

  (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).

• Marginal note:Parcel abstract

  (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).

Marginal note:Notification

23 On the registration or recording of a document referred to in section 15, the Registrar shall notify the applicant and Westbank First Nation of the registration or recording without delay.

Marginal note:Registration or recording refused

• 24 (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 Westbank First Nation.

Marginal note:Electronic storage

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

Marginal note:Return of registered document

26 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.

Marginal note:Errors in registration or recording

27 If the Registrar becomes aware of an omission or error in the registration or recording of a document, the Registrar shall immediately make the necessary corrections, add a notation to the Register identifying the corrections and notify all persons who may be adversely affected by the corrections.

Effect of Registration

Marginal note:Priority

• 28 (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.

• Marginal note:No priority to licences and other documents

  (2) For greater certainty, subsection (1) does not apply to a document that does not grant an interest in Westbank land.

Marginal note:Unregistered interests

29 A registered interest affecting a parcel of Westbank land is entitled to priority over an unregistered interest affecting the same parcel of Westbank land.

Marginal note:Revolving mortgages

30 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.

Marginal note:Deferred priority

• 31 (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.

• Marginal note:Priority on recording

  (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

Marginal note:Regulations paramount

32 In the event of a conflict between these Regulations and any Westbank law, these Regulations prevail to the extent of the conflict.

Transition to Priority System

Marginal note:Prior registered interest

• 33 (1) An interest that was registered in the Register before the day on which these Regulations come into force has priority over an interest registered under these Regulations on or after that day.

• Marginal note:No relative priorities

  (2) Subsection (1) shall not be interpreted to confer a priority on one interest that was registered in the Register before the day on which these Regulations come into force over any other interest that was also registered in the Register before that day.

Coming into Force

Marginal note:Coming into force date

34 These Regulations come into force on November 5, 2007.