First Nations Land Registry Regulations (SOR/2007-231)

Marginal note:Requirements for land descriptions

18 If a document purports to

• (a) exchange first nation land for land that is to become first nation land in accordance with section 27 of the Act, or

• (b) define the exterior boundaries of first nation 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 — or, in Quebec, a right — 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 meets the requirements of these Regulations in the order that it is received by the First Nations 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 first nation 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 first nation land affected;

  • (d) if applicable, the date the document was executed — or, in Quebec, signed according to all the required formalities for its validity — 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 its 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 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 first nation 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, the Registrar shall notify the applicant and the 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 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 — or, in Quebec, rights — registered under these Regulations that affect the same parcel of first nation land have priority according to the time and date of the registration of the documents evidencing those interests or rights and not according to the time and date the documents were executed or, in Quebec, signed according to all the required formalities for its validity.

• 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 — or, in Quebec, a right — in first nation land.

Marginal note:Unregistered interests or rights

29 A registered interest — or, in Quebec, a registered right — affecting a parcel of first nation land is entitled to priority over an unregistered interest or right affecting the same parcel.

Marginal note:Revolving mortgages or hypothecs

30 A registered mortgage or hypothec has priority over a subsequently registered interest — or, in Quebec, registered right — that affects the same parcel of first nation land, to the extent of the money actually advanced under the mortgage or hypothec, to a maximum of the amount secured by the mortgage or hypothec, even if all or part of the money was advanced after the registration of the subsequently registered interest or right, unless the mortgagee or hypothecary creditor had actual notice of the registration of the subsequently registered interest or right before making the advance.

Marginal note:Deferred priority

• 31 (1) In any province other than Quebec, 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:In Quebec

  (2) In Quebec, the holder of a registered right, or a person applying to register a right, may apply to record a postponement agreement that gives priority over the registered right to a specified right that was, or is to be, subsequently registered.

• Marginal note:Priority on recording

  (3) On the recording of a postponement agreement, priority shall be accorded to the interests or rights referred to in the agreement in the manner provided for in the agreement.

Transition to Priority System

Marginal note:Prior registered interest

• 32 (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.

Marginal note:Indian land registry records

• 33 (1) In any province other than Quebec, on receipt of notice of the coming into force of the land code of a first nation, the Registrar shall register or record in the Register every document relating to lands of that first nation that was registered in the Reserve Land Register or Surrendered and Designated Lands Register.

• Marginal note:Prior registered interest

  (2) An interest registered under subsection (1) has priority over an interest subsequently registered under these Regulations.

• Marginal note:No relative priorities

  (3) Subsection (2) shall not be interpreted to confer a priority on one interest that was registered under subsection (1) over any other interest that was also registered under that subsection.

Marginal note:In Quebec

• 34 (1) In Quebec, on receipt of notice of the coming into force of the land code of a first nation, the Registrar shall register or record in the Register every document relating to lands of that first nation that was registered in the Reserve Land Register or Surrendered and Designated Lands Register.

• Marginal note:Prior registered right

  (2) A right registered under subsection (1) has priority over a right subsequently registered under these Regulations.

• Marginal note:No relative priorities

  (3) Subsection (2) shall not be interpreted to confer a priority on one right that was registered under subsection (1) over any other right that was also registered under that subsection.