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

Regulations are current to 2020-10-05

PART II (continued)

Appointment of Administrator

  •  (1) Where, as a result of a report referred to in subsection 14(2), the Minister is of the opinion that the affairs of a local land registry office are in serious disorder, he may give written notice to the appropriate band of his intention to appoint an administrator to administer the local land registry office, setting out the situation which resulted in his reasons for so doing.

  • (2) Where a band receives a notice under subsection (1), it shall forthwith take corrective measures to remedy the situation referred to in the notice.

  • (3) At any time between sixty days and one year after giving notice under subsection (1), the Minister may, if he is of the opinion that the situation referred to in the notice has not been adequately remedied, appoint, in writing, an administrator to supervise the administration of the local land registry office.

  • (4) An administrator appointed pursuant to subsection (3) holds office for a term not exceeding four months from the date of his appointment.

  • (5) At the expiration of the administrator's term of appointment referred to in subsection (4), the Minister may, where he is of the opinion that the affairs of the local land registry office continue to be in serious disorder, reappoint the administrator, or appoint a new administrator, for a further term not exceeding four months.

  • (6) The Minister's power under subsection (5) applies also at the expiration of the term of appointment of an administrator appointed or re-appointed under that subsection.

  • (7) Where the Minister appoints an administrator pursuant to subsection (3) or appoints or reappoints an administrator pursuant to subsection (5) or (6), the Minister shall set out, in writing, the duties of the administrator and shall provide a copy of the appointment or reappointment and the duties to the appropriate band.

  • (8) The administrator of a local land registry office appointed pursuant to subsection (3) or appointed or reappointed pursuant to subsection (5) or (6) may supervise the administration of the local land registry office from the central land registry office.

Index Books

 The following index books shall be maintained at each local land registry office and at the central land registry office:

  • (a) an entry book in which is recorded, in chronological order, each document that is received at the office for registration pursuant to section 21;

  • (b) an index of names in which is recorded the name, in alphabetical order, of each person who is a party to a document evidencing a right or interest in Category IA or IA-N land or in buildings situated thereon that is registered at the office pursuant to these Regulations;

  • (c) an index of land in which is recorded, for each block of Category IA or IA-N land, any rights or interests in that block that are registered at the office pursuant to these Regulations;

  • (d) an index of buildings in which is recorded, for each building situated on Category IA or IA-N land, any rights or interests in that building that are registered at the office pursuant to these Regulations; and

  • (e) a deposit index in which is recorded, in chronological order, each document referred to in section 36 that is received at the office for deposit under that section.

Land Registry Plans

  •  (1) The central land registrar shall arrange for the preparation of a land registry plan for the Category IA or IA-N land of each band.

  • (2) A land registry plan shall show the full area of the Category IA or IA-N land of a band divided, as requested by the band, into numbered blocks based on existing land use, the natural features of the land, any land and resource use and planning by-laws made by the band pursuant to section 46 of the Act and any zoning by-law made by the band pursuant to section 47 of the Act.

  • (3) A land registry plan for the Category IA or IA-N land of a band shall be drawn at a scale that is appropriate to accurately and clearly

    • (a) identify any rights and interests in the Category IA or IA-N land shown on the plan and in the buildings situated on that land, that have been registered or deposited in the local land registry office of the band pursuant to the Act and these Regulations as of the date of the deposit of the plan in the office; and

    • (b) depict the location of the boundaries of the land or buildings, or both, that are the subject of the rights and interests referred to in paragraph (a).

  • (4) A land registry plan may consist of one or more sheets.

  • (5) No land registry plan shall be deposited in a land registry office unless the plan has been approved, dated and signed by the appropriate local land registrar and the central land registrar.

  • (6) No registrar shall approve a land registry plan unless the plan accurately and clearly

    • (a) identifies, by the CRINA number, any rights or interests in the Category IA or IA-N land shown on the plan or in the buildings situated on that land that are fully registered pursuant to these Regulations as of the date of the deposit of the plan; and

    • (b) depicts the location of the boundaries of the land or buildings or both, that are the subject of the rights and interests referred to in paragraph (a).

  • (7) Any rights or interests under section 114 or 115 or subsection 117(1) or (2) of the Act and any rights or interests in Category II, II-N or III land within the boundaries of Category IA or IA-N land or in buildings situated on that Category II, II-N or III land shall be identified and depicted on the appropriate land registry plan to the extent possible based on the information that is available.

  • (8) Where a right or interest

    • (a) in Category IA and IA-N land or in buildings situated thereon, other than those registered pursuant to these Regulations, or

    • (b) in land other than Category IA and IA-N land or in buildings situated on land other than Category IA and IA-N land,

    is identified and depicted on a land registry plan the identification and depiction of such a right or interest shall clearly differentiate it from a right or interest that is registered pursuant to these Regulations.

  • (9) For greater certainty, the identification and depiction of a right or interest pursuant to subsection (7) or (8) does not constitute registration of the right or interest pursuant to these Regulations.

  • (10) A copy of any land registry plan shall be maintained at the appropriate local land registry office and at the central land registry office.

Surveys of Category IA and IA-N Land

  •  (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.

 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

  •  (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

 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

 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

  •  (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.

 
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