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This Act is current to February 27, 2024
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Tla'amin Final Agreement Act

[SBC 2013] CHAPTER 2

CHAPTER 4 — LAND TITLE

FEDERAL TITLE REGISTRATION

1. Federal land title and land registry laws, other than laws with respect to the survey and recording of interests or estates that are owned by Canada and are in Tla'amin Lands, do not apply to any parcel of Tla'amin Lands.

REGISTRATION OF INDEFEASIBLE TITLE AND INTERESTS ON EFFECTIVE DATE

2. On the Effective Date:

a. an indefeasible title in the name of the Tla'amin Nation to those parcels of Tla'amin Lands identified as:

i. Former Sliammon Indian Reserves;

ii. Blocks A and B of District Lot 390, Group 1, New Westminster District, shown on Plan 7TU842 recorded in the British Columbia Crown Land Registry;

iii. Sliammon Road being firstly, that portion of a road Right of Way shown on Plan RD2566 CLSR lying immediately south of Lund Road (Highway 101) as shown on Plan 51177 CLSR, and secondly, a road Right of Way shown outlined in green on Plan 51177 CLSR, lying immediately south of Lund Road as shown on Plan 51177 CLSR; and

iv. the Old Lund Highway being a strip of land 66 feet wide with the centreline shown on Plan RD2208 CLSR, lying immediately north of Lund Road (Highway 101) as shown on Plan 52926 CLSR;

b. an indefeasible title in the name of the Tla'amin Nation to those parcels of Tla'amin Lands described in:

i. Map 4a, Part 2 of Appendix C-2;

ii. Map 8, Part 2 of Appendix C-2;

iii. Map 10, Part 2 of Appendix C-2; and

iv. Part 1 of Appendix C-4 and identified for illustrative purposes in Part 2 of Appendix C-4 as "Oyster Plant Upland Parcel";

c. an indefeasible title to the Lund Hotel Parcels as follows:

i. in the name of "593035 B.C. Ltd." to Lot 2, District Lot 1612, Group 1, New Westminster District, Plan 17853, except part subdivided by Plan LMP26444 and Lot 4, District Lot 1612, Group 1, New Westminster District, Plan 11021; and

ii. in the name of "Sliammon Development Corporation Inc. No. 491626" to Block 3, District Lot 1612, Group 1, New Westminster District, Plan 10681;

d. an indefeasible title in the name of the Tla'amin Nation to Other Tla'amin Lands;

e. the interests referred to in Part 3 of Appendix C-3 in accordance with paragraph 25 of the Lands Chapter;

f. the interests referred to in Part 1 of Appendix F-1 in accordance with paragraph 51.a.i of the Lands Chapter;

g. the interests referred to in Parts 2 and 3 of Appendix F-1 in accordance with paragraph 55 of the Lands Chapter;

h. the interests referred to in Part 1 of Appendix F-2 in accordance with paragraph 55 of the Lands Chapter, unless that person has agreed in writing that the interest does not need to be granted;

i. any other interests in Tla'amin Lands already registered in the Land Title Office; and

j. any other interests agreed to by the Parties,

will be registered or will remain registered in the Land Title Office in accordance with this Agreement and the requirements of the Land Title Act.

3. On registration of the indefeasible title to a parcel of Tla'amin Lands referred to in subparagraphs 2.a and 2.b, the Registrar will make a notation on the indefeasible title that the parcel is Tla'amin Lands and may be subject to conditions, provisos, restrictions, exceptions and reservations, in favour of the Tla'amin Nation.

4. On the Effective Date, subject to the Tla'amin Nation meeting the conditions under paragraph 25 of the Lands Chapter, the Registrar will make a notation on the indefeasible title of the parcels referred to in subparagraph 2.c that the parcels are Tla'amin Lands and are subject to the conditions, provisos, restrictions, exceptions and reservations set out in paragraph 26 of the Lands Chapter, in favour of the Tla'amin Nation.

REGISTRATION OF INDEFEASIBLE TITLE AND INTERESTS AFTER EFFECTIVE DATE

5. After the Effective Date:

a. an indefeasible title in the name of the Tla'amin Nation to those parcels of Tla'amin Lands described in Appendix C-2, except those parcels registered on the Effective Date under subparagraph 2.b; and

b. the interests of the Tla'amin Nation in those Tla'amin Lands that the Tla'amin Nation determines need to be registered,

as set out in and determined by the survey and registration protocol described in paragraph 107 of the Lands Chapter, will be registered in the Land Title Office in accordance with this Agreement and the requirements of the Land Title Act.

LAND TITLE FEES

6. Notwithstanding any provision contained in the Land Title Act, or any other Provincial Law, no land title fees, including the provision of a State of Title Certificate and any fees associated with the issuance of survey instructions, parcel designation, plan confirmation, and final survey plan examination and recording, are payable by any Party or the holder of an interest referred to in paragraph 2 on or after the Effective Date in respect of:

a. the first registration of indefeasible title to any portion of land described in subparagraphs 1.a, 1.b and 1.d of the Lands Chapter in the name of the Tla'amin Nation;

b. the designation of the Lund Hotel Parcels as Tla'amin Lands;

c. the first registration of indefeasible title to Other Tla'amin Lands in the name of the Tla'amin Nation;

d. a reference or subdivision plan accompanying an application, under subparagraph 6.a, for registration under Sections 25 or 26 of Schedule 1 of the Land Title Act;

e. the first registration of any interests referred to in paragraph 51 of the Lands Chapter, including any related plans, but excluding any interests in favour of a Public Utility;

f. the first registration of indefeasible title to, or first registration of the transfer of, any lands which are transferred by British Columbia to the Tla'amin Nation under section 19 of Appendix J-1 and are added to Tla'amin Lands under section 20;

g. the first registration of indefeasible title to, or first registration of the transfer of any lands which are transferred by Canada to the Tla'amin Nation under section 10 of Appendix J-2 and are added to Tla'amin Lands under section 22;

h. the first registration of indefeasible title to, or first registration of the transfer of, any lands which are transferred by a Provincial Expropriating Authority to the Tla'amin Nation under section 21 of Appendix J-1 and are added to Tla'amin Lands under section 23;

i. the first registration of indefeasible title to, or first registration of the transfer of, any lands which are transferred by a Federal Expropriating Authority to the Tla'amin Nation under section 23 of Appendix J-2 and are added to Tla'amin Lands under section 25;

j. the first registration of indefeasible title to, or first registration of the transfer of, any lands which are transferred by British Columbia to the Tla'amin Nation under subparagraph 16.a of the Roads and Rights of Way Chapter and are added to Tla'amin Lands under subparagraph 16.b of that Chapter;

k. the first registration of indefeasible title to, or first registration of the transfer of, lands for which the Tla'amin Nation has received approval under paragraph 88 or provided notice under paragraphs 90, 94 or 98 of the Lands Chapter to add those lands to Tla'amin Lands;

l. the transfer of a parcel of Tla'amin Lands that has been expropriated by a Provincial Expropriation Authority or Federal Expropriation Authority; or

m. the filing of a certificate under Section 29 of Schedule 1 of the Land Title Act in respect of the addition or removal of Tla'amin Lands.

APPLICATION OF LAND TITLE SYSTEM

7. The Land Title Act applies to all parcels of Tla'amin Lands:

a. registered on the Effective Date under this Agreement; or

b. for which the Tla'amin Nation applies for registration under that Act in accordance with this Agreement, from the time of application and until the application has been withdrawn or rejected, or the indefeasible title is cancelled.

8. The Land Title Act does not apply to a parcel of Tla'amin Lands for which:

a. no application has been made under that Act in accordance with this Agreement for the registration of an indefeasible title;

b. an application has been made under that Act in accordance with this Agreement for the registration of an indefeasible title and that application has been withdrawn or rejected; or

c. the indefeasible title under that Act has been cancelled in accordance with this Agreement.

9. No title adverse to, or in derogation of, the title of the registered owner of a parcel of Tla'amin Lands under the Land Title Act will be acquired by length of possession and, for greater certainty, subsection 23 (4) of the Land Title Act does not apply in respect of Tla'amin Lands.

10. Notwithstanding paragraph 118 of the Lands Chapter, where the Land Title Act applies to a parcel of Tla'amin Lands, that Act prevails to the extent of a Conflict with Tla'amin Law under paragraph 116 of the Lands Chapter in respect of that parcel.

11. When the Land Title Act applies to Tla'amin Lands:

a. the jurisdiction of the Tla'amin Nation is not diminished, except to the extent set out in this Agreement;

b. the powers, rights, privileges, capacities, duties and obligations of the Tla'amin Nation under this Agreement in respect of Tla'amin Lands under that Act are analogous to those of the Crown in relation to Crown land or a Local Government in relation to Local Government lands under that Act; and

c. the status and treatment of Tla'amin Lands under that Act are analogous to that of municipal lands or rural area, as the case may be, under that Act.

APPLICATION FOR REGISTRATION OF INDEFEASIBLE TITLE

12. The Tla'amin Nation, and no other person, may apply under the Land Title Act for the registration of an indefeasible title to a parcel of Tla'amin Lands for which no indefeasible title is registered at the time of application, and such application may be made in the name of the Tla'amin Nation or on behalf of another person.

13. When applying for the registration of an indefeasible title to a parcel of Tla'amin Lands under paragraph 12 the Tla'amin Nation will provide to the Registrar:

a. a plan of the parcel that has been prepared by a Land Surveyor and signed by the Surveyor General of British Columbia;

b. a Tla'amin Nation Certificate certifying the person named as the owner of the fee simple estate is the owner of the fee simple estate of the parcel as of the date of the certificate and certifying that the certificate sets out all:

i. subsisting conditions, provisos, restrictions, including restrictions on alienation, exceptions and reservations, including royalties, contained in the original or any other conveyance or disposition from the Tla'amin Nation that are in favour of the Tla'amin Nation, or that are in favour of another person;

ii. interests or estates; and

iii. charges, including charges in respect of debts owed to the Tla'amin Nation,

to which the fee simple estate of the parcel is subject; and

c. registrable instruments necessary to register all of the items referred to in subparagraph 13.b.

14. A Tla'amin Nation Certificate expires where:

a. within seven days of the date of the Tla'amin Nation Certificate the Tla'amin Nation has not applied for registration of an indefeasible title to the parcel referred to in the Tla'amin Nation Certificate, unless otherwise provided for under the Land Title Act; or

b. an application under paragraph 12 has been made but that application has been withdrawn or rejected under the Land Title Act.

15. Where the Tla'amin Nation makes an application for the registration of indefeasible title to a parcel of Tla'amin Lands under paragraph 12 and the Registrar is satisfied that:

a. a good safe holding and marketable title in fee simple for the parcel has been established by the Tla'amin Nation;

b. the boundaries of the parcel are sufficiently defined by the plan provided by the Tla'amin Nation;

c. all of the estates, interests and other charges set out in the Tla'amin Nation Certificate are registrable under the Land Title Act; and

d. the Tla'amin Nation Certificate complies with the Land Title Act,

then the Registrar will:

e. register the indefeasible title to the parcel in the name of the person named in the Tla'amin Nation Certificate;

f. make a note on the indefeasible title that the parcel is Tla'amin Lands and may be subject to conditions, provisos, restrictions, exceptions and reservations in favour of the Tla'amin Nation or another person; and

g. register as charges the estates and interests set out in subparagraph 13.b.ii and the other charges set out in subparagraph 13.b.iii.

16. The Registrar is entitled to rely on, and is not required to make any inquiries with respect to, the matters certified in the Tla'amin Nation Certificate.

17. A person deprived of an estate, interest, condition, proviso, restriction, exception or reservation, in or to a parcel of Tla'amin Lands as a result of the reliance by the Registrar on the Tla'amin Nation Certificate, and the issuance by the Registrar of an indefeasible title based on the Tla'amin Nation Certificate, will have no recourse, at law or in equity, against the Registrar, the assurance fund under the Land Title Act, British Columbia or Canada.

18. Upon registration under paragraphs 2 and 5 the Parties, where necessary, will amend Appendix C and, where applicable, Appendix L in accordance with paragraph 9 of the Amendment Chapter, to reflect any adjustments to the boundaries of Tla'amin Lands.

19. Subject to this Agreement, to the extent that the following instruments are applicable to a parcel of land registered under paragraphs 2 and 5, the Parties will present the instruments for registration in the following order of priority:

a. any Right of Way in favour of the Tla'amin Nation;

b. any distribution Rights of Way in favour of British Columbia Hydro and Power Authority;

c. any distribution Rights of Way in favour of TELUS Communications Inc.;

d. any Rights of Way in favour of other Public Utilities; and

e. any other instruments.

20. Upon the request of the Parties and with the appointee's agreement, each holder of an interest referred to in paragraph 19 may appoint the Tla'amin Nation, Canada or British Columbia, as applicable, as its agent for the purpose of making such changes to the instruments, whether executed or not, as may be necessary in order to ensure that the instruments are in registrable form.

CANCELLATION OF INDEFEASIBLE TITLE

21. The Tla'amin Nation, and no other person, may apply under the Land Title Act in accordance with this Chapter for cancellation of the registration of an indefeasible title to a parcel of Tla'amin Lands.

22. When applying for the cancellation of the registration of an indefeasible title to a parcel of Tla'amin Lands, the Tla'amin Nation will provide to the Registrar an application for cancellation of registration and will deliver to the Registrar any duplicate indefeasible title that may have been issued with respect to that parcel.

23. Upon receiving an application from the Tla'amin Nation under paragraphs 21 and 22, the Registrar will cancel the registration of the indefeasible title where:

a. the registered owner of the fee simple estate to the parcel is the Tla'amin Nation, a Tla'amin Corporation or a Tla'amin Public Institution;

b. provides written consent; and

c. the indefeasible title to the parcel is free and clear of all charges, except those in favour of the Tla'amin Nation.

SUBSEQUENT REGISTRATION OF CANCELLED INDEFEASIBLE TITLE

24. Where the indefeasible title to a parcel of Tla'amin Lands has been cancelled by the Registrar under paragraph 23, the Tla'amin Nation, and no other person, may subsequently apply under the Land Title Act for the registration of an indefeasible title to that parcel of Tla'amin Lands and such application may be made in the name of the Tla'amin Nation or on behalf of another person.

25. Paragraphs 13 to 17 apply when the Tla'amin Nation applies for the registration of indefeasible title to a parcel of Tla'amin Lands under paragraph 24.

26. Where the Tla'amin Nation makes an application for the registration of indefeasible title to a parcel of Tla'amin Lands under paragraph 24, then, effective from the time of application and until the application has been withdrawn or rejected, or the indefeasible title for that parcel is cancelled, the Land Title Act applies to the parcel.

Contents | Sections 1 to 28 | Schedule - Contents | Schedule - Preamble | Schedule - Chapter 1 | Schedule - Chapter 2 | Schedule - Chapter 3 | Schedule - Chapter 4 | Schedule - Chapter 5 | Schedule - Chapter 6 | Schedule - Chapter 7 | Schedule - Chapter 8 | Schedule - Chapter 9 | Schedule - Chapter 10 | Schedule - Chapter 11 | Schedule - Chapter 12 | Schedule - Chapter 13 | Schedule - Chapter 14 | Schedule - Chapter 15 | Schedule - Chapter 16 | Schedule - Chapter 17 | Schedule - Chapter 18 | Schedule - Chapter 19 | Schedule - Chapter 20 | Schedule - Chapter 21 | Schedule - Chapter 22 | Schedule - Chapter 23 | Schedule - Chapter 24 | Schedule - Chapter 25 | Schedule - Chapter 26 | Appendix - Contents | Appendix - Introduction | Appendix - Appendix A | Appendix - Appendix B | Appendix - Appendix C | Appendix - Appendix D | Appendix - Appendix E | Appendix - Appendix F | Appendix - Appendix G | Appendix - Appendix H | Appendix - Appendix I | Appendix - Appendix J | Appendix - Appendix K | Appendix - Appendix L | Appendix - Appendix M | Appendix - Appendix N | Appendix - Appendix O | Appendix - Appendix P | Appendix - Appendix Q | Appendix - Appendix R | Appendix - Appendix S | Appendix - Appendix T | Appendix - Appendix U | Appendix - Appendix V | Appendix - Appendix W | Appendix - Appendix X