Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Regulations are current to 2020-10-05

Cree-Naskapi Land Registry Regulations

SOR/86-1070

NASKAPI AND THE CREE-NASKAPI COMMISSION ACT

CREE-NASKAPI (OF QUEBEC) ACT

Registration 1986-11-06

Regulations Respecting the Establishment and Maintenance of a Land Registry System for the Registration of Rights and Interests in Category IA and IA-N Cree-Naskapi Land and in Buildings Situated Thereon

P.C. 1986-2490 1986-11-06

Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to section 151 of the Cree-Naskapi (of Quebec) ActFootnote *, is pleased hereby to make the annexed Regulations respecting the establishment and maintenance of a land registry system for the registration of rights and interests in category IA and IA-N Cree-Naskapi Land and in buildings situated thereon.

Short Title

 These Regulations may be cited as the Cree-Naskapi Land Registry Regulations.

Interpretation

 In these Regulations,

Act

Act means the Cree-Naskapi (of Quebec) Act; (Loi)

block

block means a portion of a lot as determined pursuant to subsection 17(2); (parcelle)

central land registrar

central land registrar means the central land registrar appointed pursuant to section 6; (registrateur du bureau d'enregistrement central)

central land registry office

central land registry office means the central land registry office referred to in paragraph 4(1)(a); (bureau d'enregistrement central)

CRINA number

CRINA number means the numerical identification assigned by the central land registrar, of a right or interest in Category IA or IA-N land of a band or in buildings situated thereon and the location of the right or interest that consists of groups of numbers separated by hyphens and in the following order:

  • (a) the numbers that represent the band on whose Category IA or IA-N land the right or interest is located,

  • (b) the numbers that represent the lot on which the right or interest is located,

  • (c) the numbers that represent the block on which the right or interest is located, and

  • (d) the numbers that represent the right or interest and in the case of a right or interest in a building, the letter "B" and the numbers that represent the building; (numéro CRINA)

index books

index books means the books referred to in section 16; (répertoires)

land registry office

land registry office means a local land registry office or the central land registry office; (bureau d'enregistrement)

land registry plan

land registry plan means a plan referred to in section 17; (plan d'enregistrement)

local land registrar

local land registrar means a local land registrar appointed pursuant to subsection 9(1); (registrateur du bureau d'enregistrement local)

local land registry office

local land registry office means a local land registry office referred to in paragraph 4(1)(b) or (c); (bureau d'enregistrement local)

lot

lot means a portion of Category IA or IA-N land as set out in a survey by the Quebec Department of Energy and Resources; (lot)

Minister

Minister means the Minister of Indian Affairs and Northern Development; (ministre)

registrar

registrar means a local land registrar or the central land registrar. (registrateur)

PART I

Establishment of the Land Registry System

 A land registry system, under the control and supervision of the Minister, is hereby established for the registration of rights and interests in Category IA and IA-N land and in buildings situated thereon.

  •  (1) The land registry system established pursuant to section 3 shall consist of the following registry offices:

    • (a) a central land registry office;

    • (b) one local land registry office for each Cree band; and

    • (c) a local land registry office for the Naskapi band.

  • (2) The central land registry office shall be located within the territory of the Quebec Urban Community.

  • (3) The local land registry office for a band shall be located at the head office of the band except where the band fixes the location of its local land registry office at another place on its Category IA or IA-N land.

  •  (1) The hours of operation of the central land registry office shall be from 10 o'clock in the morning to 12 o'clock noon and from 1 o'clock to 3 o'clock in the afternoon every day except Saturdays and holidays.

  • (2) The hours of operation of the local land registry office for a band shall be from 10 o'clock in the morning to 12 o'clock noon and from 2 o'clock to 4 o'clock in the afternoon every day except Saturdays and holidays, including any day designated as a holiday by resolution of the council of the band.

PART II

Administration of the Land Registry System

 The land registry system established pursuant to section 3 shall be under the administration of the central land registrar appointed by the Minister on a full-time or part-time basis.

Central Land Registrar

 The central land registrar shall

  • (a) administer the central land registry office;

  • (b) coordinate the functions of the local land registry offices;

  • (c) arrange for and assist in the preparation of land registry plans and deposit certified copies of any land registry plan made pursuant to section 17 in the appropriate local land registry office and in the central land registry office;

  • (d) issue, to each local land registrar, guidelines respecting the administration and operation of the land registry system established pursuant to section 3;

  • (e) establish the form of the index books;

  • (f) assist and advise the local land registrars;

  • (g) assist Cree and Naskapi beneficiaries in the preparation of land descriptions and in the preparation and registration, or deposit, of any documents to be registered, or deposited, in accordance with the Act or these Regulations; and

  • (h) conduct an inspection of each local land registry office, including its index books and records, at least once a year and report on its administration to the council of the appropriate band.

Deputy Central Land Registrar

  •  (1) The central land registrar shall be assisted by a deputy central land registrar appointed by the Minister on a full-time or part-time basis.

  • (2) Where the central land registrar is absent or incapacitated or the office of the central land registrar is vacant, the deputy central land registrar shall have and may exercise all the powers and duties of the central land registrar.

Local Land Registrars

  •  (1) The local land registry office for a band shall be administered by a local land registrar appointed by the band.

  • (2) A local land registrar shall be employed by the band pursuant to paragraph 41(1)(c) of the Act and may be employed on a full-time or part-time basis.

 A local land registrar shall, in addition to the duties prescribed by the appropriate band pursuant to paragraph 41(1)(c) of the Act,

  • (a) assist in the preparation of land registry plans for the Category IA or IA-N land of the band; and

  • (b) assist Cree and Naskapi beneficiaries in the preparation of land descriptions and in the preparation and registration, or deposit, of any documents to be registered, or deposited, in accordance with the Act or these Regulations.

Deputy Local Land Registrars

  •  (1) A local land registrar shall be assisted by at least one deputy local land registrar appointed by the band.

  • (2) A deputy local land registrar appointed by a band pursuant to subsection (1) shall be employed by the band pursuant to paragraph 41(1)(c) of the Act and may be employed on a full-time or part-time basis.

  • (3) Where a local land registrar is absent or incapacitated or the office of the local land registrar is vacant, a deputy local land registrar shall have and may exercise all the powers and duties of the local land registrar.

  • (4) Where, in a local land registry office, the local land registrar and the deputy local land registrar are absent or incapacitated, or the offices of the local land registrar and the deputy local land registrar are vacant, the local land registry office may be administered by the central land registrar from the central land registry office.

Appointments and Dismissals

 Where a band appoints or dismisses a local land registrar or a deputy local land registrar, the band shall forthwith notify the central land registrar in writing.

 On assuming office, a land registrar or a deputy land registrar shall swear an oath of office to exercise his duties in accordance with law.

Inspection of Local Land Registry Offices

  •  (1) The central land registrar shall not inspect a local land registry office unless the registrar of the local land registry office to be inspected has received written notice of the proposed inspection at least one week prior to the inspection.

  • (2) Where the central land registrar determines, as a result of an inspection referred to in subsection (1), that the affairs of a local land registry office are in serious disorder, the central land registrar shall send a report of the situation and any recommendations to the council of the appropriate band and to the Minister.

 
Date modified: