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

Regulations are current to 2020-09-09

PART III (continued)

Acceptance of Document

  •  (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

  •  (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

 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

  •  (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.

Land Registry Plan

 A right or interest in Category IA or IA-N land or in buildings situated thereon that has been registered pursuant to these Regulations shall be identified on the appropriate land registry plan by its CRINA number and the location of the boundaries of the land or buildings, or both, that are the subject of the right or interest shall be depicted on that land registry plan.

PART IV

Priorities

  •  (1) Subject to subsections (2) and (3), the priority of a right or interest the registration of which has been confirmed under subsection 25(3) shall be established by reference to the time at which the document was accepted under subsection 24(1) for registration.

  • (2) Subject to subsection (3), the priority of a right or interest, that was 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, and the registration of which is confirmed under subsection 25(3) within six months after the day these Regulations come into force, shall be established by reference to the day on which the right or interest was granted or transferred, as the case may be.

  • (3) The priority of an equivalent right or interest, that was granted under subsection 117(3) or (4) of the Act and the registration of which has been confirmed under subsection 25(3), shall be established by reference to the date on which the relevant former right or interest referred to in one of those subsections of the Act was granted.

 
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