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

Land Registry Plan

28 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

• 29 (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.

Fully Registered Rights and Interests

• 30 (1) Where the registration of a right or interest has been confirmed under subsection 25(3) and

  • (a) the territorial description of the right or interest is depicted on a survey confirmed in accordance with Part II of the Canada Lands Surveys Act, or

  • (b) the appropriate local land registrar and the central land registrar are satisfied that the boundaries of the land or buildings, or both, that are the subject of the right or interest can be easily located on the ground,

  the right or interest shall be considered to be fully registered pursuant to these Regulations as of the hour the document evidencing the right or interest was accepted under subsection 24(1) and that full registration shall be noted in the appropriate index books and depicted on the relevant land registry plans.

• (2) A right or interest that is fully registered pursuant to these Regulations shall be depicted on the relevant land registry plan in a manner that clearly differentiates it from any other rights or interests depicted on the plan.

• (3) Subject to subsection (4), the location of the boundaries of the land or buildings, or both, that are the subject of a right or interest that is fully registered pursuant to these Regulations shall be established by reference to the depiction of the right or interest on the relevant land registry plan.

• (4) The depiction of a right or interest that is fully registered pursuant to these Regulations is not subject to an appeal pursuant to section 32 except where the appropriate local land registrar and the central land registrar are satisfied that the location of the boundaries of the land or buildings, or both, that are the subject of the right or interest has been inaccurately depicted on a land registry plan.

• (5) Where the appropriate local land registrar and the central land registrar are satisfied that the location of the boundaries of the land or buildings, or both, that are the subject of a fully registered right or interest has been inaccurately depicted on a land registry plan, the local land registrar shall notify the holders of any rights or interests that are affected by the inaccurate depiction and are registered pursuant to these Regulations and the registrars shall make a notation of the inaccuracy in the appropriate index books and on the relevant land registry plans.

• (6) A notification to a holder pursuant to subsection (5) shall be by personal service or registered mail to the holder of the right or interest affected, at the address of the holder that is set out in the registered document evidencing the right or interest.

Provisionally Registered Rights and Interests

• 31 (1) Where the registration of a right or interest has been confirmed under subsection 25(3) but

  • (a) the territorial description of the right or interest is not depicted on a survey confirmed in accordance with Part II of the Canada Lands Surveys Act, or

  • (b) the appropriate local land registrar or the central land registrar is not satisfied that the boundaries of the land or building, or both, that are the subject of the right or interest can be easily located on the ground,

  the right or interest shall be considered to be provisionally registered pursuant to these Regulations as of the hour the document evidencing the right or interest was accepted under subsection 24(1) and that provisional registration shall be noted in the appropriate index books and depicted on the relevant land registry plans.

• (2) A right or interest that is provisionally registered pursuant to these Regulations shall be depicted on the relevant land registry plan in a manner that clearly differentiates it from any other rights or interests depicted on the plan and any overlap on the depiction of another right or interest shall be depicted in a manner that clearly indicates the overlap.

• (3) The location of the boundaries of the land or buildings, or both, that are the subject of a right or interest that is provisionally registered pursuant to these Regulations shall be established by reference to the documents, referred to in section 21, evidencing that right or interest.

• (4) Where a right or interest is provisionally registered pursuant to these Regulations and the appropriate local land registrar and central land registrar are satisfied that the boundaries thereof overlap on a right or interest that was previously fully or provisionally registered pursuant to these Regulations, the appropriate local land registrar shall notify the council of the appropriate band and the holders of any rights or interests registered pursuant to these Regulations that are affected by the overlap.

• (5) A notification to a holder pursuant to subsection (4) shall be by personal service or registered mail to the holder of the right or interest affected, at the address of the holder that is set out in the registered document evidencing the right or interest.

PART V

Appeal Notice

• 32 (1) Within 22 months after the provisional registration of a right or interest or at the time when a notification is given under subsection 30(5), as the case may be, the appropriate local land registrar and the central land registrar shall prominently display and make available for examination in their respective land registry offices the following documents, which shall remain displayed and available for 60 days:

  • (a) a notice that sets out

    • (i) any provisionally registered right or interest the depiction of which on a land registry plan is subject to appeal,

    • (ii) any fully registered right or interest the proposed revised depiction of which, on a land registry plan is subject to appeal because of an inaccuracy referred to in subsection 30(4),

    • (iii) a statement to the effect that a written objection to the depiction of a right or interest may be forwarded to the appropriate local land registrar or the central land registrar within 60 days after the date of this notice,

    • (iv) the procedure for filing an objection referred to in subparagraph (iii),

    • (v) a statement to the effect that a copy of the relevant land registry plan, that shows the rights and interests the depiction of which are subject to appeal, is available for examination in the appropriate local land registry office and in the central land registry office for a period of 60 days after the date of the notice, and

    • (vi) the date, hour and place fixed for the hearing of the appeal by the local land registrar and the central land registrar; and

  • (b) a copy of the relevant land registry plan that shows the rights and interests the depiction of which are subject to appeal.

• (2) The local land registrar referred to in subsection (1) shall cause a copy of the notice referred to in paragraph (1) (a) to be prominently displayed in the appropriate band office and in such other places as the local land registrar and the central land registrar consider necessary.

Objection

• 33 (1) A person who wishes to make an objection referred to in subparagraph 32(1)(a)(iii) shall set out in the objection any reasons for the objection.

• (2) Where a registrar receives an objection referred to in subparagraph 32(1)(a)(iii), the registrar shall forthwith forward a copy of the objection to the appropriate local land registrar or the central land registrar, as the case may be.

Decision

• 34 (1) The appropriate local land registrar and the central land registrar shall, in deciding an appeal respecting the depiction of a right or interest, take into account any inspection on the ground of the location of the boundaries of the right or interest, any objections received pursuant to subparagraph 32(1)(a)(iii) and any representations made at the hearing referred to in subparagraph 32(1)(a)(vi).

• (2) Within 30 days after a hearing referred to in subparagraph 32(1)(a)(vi), the appropriate local land registrar shall, after consultation with the central land registrar issue his decision respecting the depiction of any rights or interests the depiction of which was the subject of an appeal referred to in subsection (1).

• (3) Notification of a decision referred to in subsection (2) shall be forwarded by personal service or registered mail to the appropriate band and to the holder of any right or interest affected by the decision, at the address of the holder that is set out in the registered document evidencing the right or interest.

• (4) After the expiration of the 30 days referred to in subsection (2) and after the notifications referred to in subsection (3) have been forwarded, the appropriate local land registrar and the central land registrar shall, taking into account any decisions on appeal made under subsection (2),

  • (a) in the case of a provisionally registered right or interest the depiction of which was subject to appeal, make a notation in the appropriate index books that the right or interest is fully registered and amend the relevant land registry plan to depict the right or interest as fully registered; and

  • (b) in the case of a fully registered right or interest the depiction of which was subject to appeal, amend the relevant land registry plan.

PART VI

Cancellation of Registration of Rights or Interest

• 35 (1) The appropriate local land registrar and the central land registrar shall cancel the registration of a right or interest in Category IA or IA-N land, or in buildings situated thereon, where

  • (a) a court orders the cancellation;

  • (b) all interested parties consent, in writing, to the cancellation; or

  • (c) in respect of a provisionally registered right or interest, it is not possible to make a decision under section 34 as to the boundaries of the land or the location of any buildings subject to the right or interest.

• (2) Where the registration of a right or interest is cancelled in accordance with subsection (1), the appropriate local land registrar and the central land registrar shall make a notation of the cancellation in the appropriate index books and reflect the cancellation on the relevant land registry plans.

PART VII

Depository

• 36 (1) A land registry office shall, for the purpose of facilitating the management and administration of Category IA or IA-N land and of buildings situated thereon, provide safekeeping services for the deposit of

  • (a) documents referred to in section 149 and subsection 152(1) of the Act; and

  • (b) non-registrable documents including notices of expropriation.

• (2) Where a document referred to in subsection (1) is received at a land registry office, a registrar of the office shall forthwith make a copy of the document and forward the copy of the document to the appropriate local land registry office or the central land registry office, as the case may be.

• (3) A registrar of a land registry office shall record, in chronological order, in the deposit index for the land registry office, each document received at that land registry office for deposit under subsection (1) or (2).

Rights and Interests — Deposited Documents

• 37 (1) Where a right or interest in Category IA or IA-N land or a building situated thereon evidenced by a document deposited pursuant to subsection 152(1) of the Act or under paragraph 36(1)(b) of these Regulations 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.

• (2) For greater certainty, the deposit under subsection 36(1) of a document referred to in paragraph 36(1)(b) does not constitute registration pursuant to these Regulations of any right or interest evidenced by the document and the identification and depiction, on a land registry plan, of a right or interest pursuant to subsection (1) does not constitute registration of the right or interest pursuant to these Regulations.