Effect of indefeasible title to Nisg̱a'a Lands

373.2   (1) An indefeasible title to a parcel of Nisg̱a'a Lands, as long as it remains in force and uncancelled, is conclusive evidence at law and in equity, as against the Crown and all other persons, that the person named in the title is indefeasibly entitled to an estate in fee simple to the land described in the indefeasible title, subject to the following:

(a) the subsisting conditions, provisos, restrictions, exceptions and reservations, including royalties, set out in the Nisg̱a'a certificate that relates to that parcel;

(b) a charge, tax, rate or assessment of the Nisg̱a'a Nation at the date of the application for registration imposed or made a lien or that may after that date be imposed or made a lien on the parcel of land;

(c) a charge, rate or assessment of a Nisg̱a'a Village at the date of the application for registration imposed or that may after that date be imposed on the parcel of land, or which had before that date been imposed for local improvements or otherwise and that was not then due and payable;

(d) a right of expropriation under a Nisg̱a'a law.

(2) The matters to which an indefeasible title to a parcel of Nisg̱a'a Lands is subject under subsection (1) are in addition to any other matters to which that title is subject under section 23 (2), as that section applies to that parcel under the Nisg̱a'a Final Agreement.

Assignment of distinguishing letter by registrar

373.21   If a letter is assigned or an indefeasible title is registered under section 66 in respect of a parcel of Nisg̱a'a Lands, the duty of the registrar under section 66 (5) to advise the taxing authority includes the duty to advise the Nisg̱a'a Lisims Government.

Requirements as to subdivision in respect of Nisg̱a'a Lands

373.22   (1) In applying section 75 (1) (c) or (d) to Nisg̱a'a Lands, the reference to "rural area" must be read as a reference to Nisg̱a'a Lands other than Nisg̱a'a Village Lands.

(2) The approving officer, in considering the sufficiency of a highway shown on a plan with respect to Nisg̱a'a Lands, has the same duty to consider the matters set out in section 75 (3) as the approving officer has under that section with respect to other lands.

Controlled access highways

373.23   Section 80 (b) does not apply to Nisg̱a'a Lands.

Tender of plan for examination and approval

373.3   (1) Section 83 does not apply to Nisg̱a'a Lands.

(2) A subdivision plan in respect of a parcel of Nisg̱a'a Lands must be tendered for examination and approval by the approving officer as follows:

(a) if the land affected is within Nisg̱a'a Lands, other than Nisg̱a'a Village Lands, to the chief administrative officer of the Nisg̱a'a Lisims Government;

(b) if the land affected is within Nisg̱a'a Village Lands, to the chief administrative officer of the applicable Nisg̱a'a Village Government.

(3) The subdivision plan must be accompanied by the following:

(a) the applicable fees established under Nisg̱a'a law;

(b) a certificate

(i) that all taxes assessed on the subdivided land have been paid, and

(ii) if local improvement taxes, rates or assessments are payable by instalments, that all instalments owing at the date of the certificate have been paid;

(c) if the approving officer considers that there is reason to anticipate that the land may be resubdivided and requires this information, a sketch showing that the parcels into which the land is subdivided can conveniently be further subdivided into smaller parcels;

(d) if the approving officer requires this information, profiles of every new highway shown on the plan and such necessary topographical details as may indicate engineering problems to be dealt with in opening up the highways, including environmental impact or planning studies.

Matters to be considered by approving officer on application for approval

373.31   (1) The approving officer may refuse to approve a subdivision plan in respect of a parcel of Nisg̱a'a Lands if the cost to the Nisg̱a'a Nation or the applicable Nisg̱a'a Village of providing public utilities or other works or services would be excessive.

(2) The matters for which the approving officer may refuse to approve a subdivision plan in respect of a parcel of Nisg̱a'a Lands under subsection (1) are in addition to any other matters for which the approving officer may refuse approval under section 86 (1) (c), as that section applies to that parcel under the Nisg̱a'a Final Agreement.

Matters to be considered in respect of land within Nisg̱a'a Lands

373.32   (1) Section 87 does not apply to Nisg̱a'a Lands.

(2) Without limiting section 85 (3), in considering an application for subdivision approval in respect of a parcel of Nisg̱a'a Lands, the approving officer may refuse to approve the subdivision if the approving officer considers that the subdivision does not conform to Nisg̱a'a law.

Acceptable descriptions of land

373.33   (1) The registrar may, in respect of a parcel of Nisg̱a'a Lands, accept a description referred to in section 99 (1) (a) or a plan referred to in section 99 (1) (b) if the parcel

(a) is being transferred to the Nisg̱a'a Nation or a Nisg̱a'a Village for highway purposes, or

(b) is being transferred, leased or donated for public purposes to the Nisg̱a'a Nation or to a Nisg̱a'a Village.

(2) The cases in which the registrar may accept the description or plan referred to in subsection (1) are in addition to the cases in which the registrar may accept the description or plan under section 99 (1), as that section applies to a parcel of Nisg̱a'a Lands under the Nisg̱a'a Final Agreement.

Dedication by reference or explanatory plan

373.4   (1) The Nisg̱a'a Nation or a Nisg̱a'a Village has the same power to deposit a reference plan as the Crown has under section 102.

(2) The reference plan or explanatory plan need not be signed under section 102 (3) but must be signed by the approving officer appointed under section 77.3.

(3) The deposit of the plan by the registrar operates as a dedication by the Nisg̱a'a Nation or the applicable Nisg̱a'a Village to the public of the land shown on the plan as a highway.

(4) Section 102 (2) and (5) applies to the deposit of a plan under this section.

Dedication and vesting

373.41   (1) Section 107 (1) does not apply in respect of a parcel of Nisg̱a'a Lands.

(2) Despite subsection (1), the deposit of a subdivision, reference or explanatory plan showing a portion of Nisg̱a'a Lands as covered by water and as lying immediately adjacent to a lake, river, stream or other body of water not within land covered by the plan, and designated on the plan to be returned to the government, operates in the manner set out in section 107 (1) (c) to (e).

(3) The deposit of a subdivision, reference or explanatory plan showing a portion of Nisg̱a'a Lands as a highway, park or public square, that is not designated on the plan to be of a private nature, operates

(a) as an immediate and conclusive dedication by the owner to the public of that portion of the land shown as a highway, park or public square for the purpose indicated on or to be inferred from the words or markings on the plan,

(b) to vest in the Nisg̱a'a Nation or the applicable Nisg̱a'a Village, subject to any Nisg̱a'a law, title to the highway, park or public square, except any mineral resources, as defined in the Nisg̱a'a Final Agreement, that are registered in the name of a person other than the owner, and

(c) to extinguish the owner's common law property, if any, in that portion of Nisg̱a'a Lands.

Designation of plans in respect of submerged lands

373.42   Section 108 (1) applies to Nisg̱a'a Lands only if the land designated on the plan referred to in that section is submerged lands within the meaning of the Nisg̱a'a Final Agreement.

Repealed

373.43   [Repealed 2018-37-24.]

Deposit of statutory right of way plan

373.44   (1) Section 115 (1) and (2) does not apply to Nisg̱a'a Lands.

(2) The Nisg̱a'a Nation or a Nisg̱a'a Village may apply to the registrar to deposit a statutory right of way plan in respect of land acquired for a highway, and the registrar, if satisfied that the application and plan are in order, must assign to the plan a serial deposit number.

(3) Concurrently with or following the deposit of the statutory right of way plan, the chief administrative officer of the Nisg̱a'a Nation or the Nisg̱a'a Village may file with the registrar a certificate in the form approved by the director certifying that all or part of the land in the statutory right of way plan has been established as a highway and the title vested in the Nisg̱a'a Nation or the Nisg̱a'a Village in compliance with Nisg̱a'a law.

(4) Section 115 (3) to (5) applies to the deposit of a statutory right of way plan under this section.

(5) If there is a statutory right of way through unsurveyed Nisg̱a'a Lands owned by the Nisg̱a'a Nation or a Nisg̱a'a Village, it is acceptable to the registrar if a sufficient number of angular and linear measurements are shown on the statutory right of way plan to define the limits of the land affected by the statutory right of way.

Nisg̱a'a law to be filed if closing road or public square

373.5   (1) A law made by the Nisg̱a'a Lisims Government for closing a Nisg̱a'a road or public square that is not within Nisg̱a'a Village Lands must be filed in the land title office, and the registrar must register an indefeasible title of the land in the name of the Nisg̱a'a Nation.

(2) A law made by a Nisg̱a'a Village Government for closing a Nisg̱a'a road or public square that is within Nisg̱a'a Village Lands must be filed in the land title office, and the registrar must register an indefeasible title of the land in the name of the Nisg̱a'a Village.

(3) In the case of the closing of a Nisg̱a'a road or public square by the Nisg̱a'a Lisims Government or a Nisg̱a'a Village Government, the registrar may accept a reference plan, or an explanatory plan, or a description by apt descriptive words.

Definitions for applying Part 8

373.51   The following definitions are for the purposes of applying Part 8 to Nisg̱a'a Lands:

"local authority" means

(a) in relation to Nisg̱a'a Lands other than Nisg̱a'a Village Lands, the Nisg̱a'a Lisims Government, and

(b) in relation to Nisg̱a'a Village Lands, the applicable Nisg̱a'a Village Government;

"municipality" means Nisg̱a'a Village Lands;

"regional district" means Nisg̱a'a Lands other than Nisg̱a'a Village Lands.

Cancellation of plans

373.52   (1) In applying section 124 in respect of Nisg̱a'a Lands

(a) the reference to applicable subdivision and zoning bylaws in section 124 (1) (b) (i) must be read as a reference to the applicable Nisg̱a'a laws relating to subdivision and zoning,

(b) the petitioner must file the report required under section 124 (2) only if any part of the public area affected by the petition is a secondary provincial road as defined in the Nisg̱a'a Final Agreement, and

(c) the petitioner must request a report under section 124 (3) (b) only if any part of the public area affected by the petition is a secondary provincial road as defined in the Nisg̱a'a Final Agreement.

(2) In applying section 125 (2) in respect of a plan of Nisg̱a'a Lands, the petitioner referred to in that section

(a) must serve a copy of the petition and a notice of the hearing on,

(i) if the land affected by the petition is Nisg̱a'a Lands, other than Nisg̱a'a Village Lands, the chief administrative officer of the Nisg̱a'a Lisims Government, and

(ii) if the land affected by the petition is Nisg̱a'a Village Lands, the chief administrative officer of the applicable Nisg̱a'a Village Government,

(b) need not comply with section 125 (2) (c) and (d) unless the petition relates to a secondary provincial road, as defined in the Nisg̱a'a Final Agreement, and

(c) need not comply with section 125 (2) (e).

(3) The requirement to serve under subsection (2) of this section is in addition to any other requirement under section 125 (2) as that section applies under the Nisg̱a'a Final Agreement.

(4) In applying section 126 (b) in respect of a plan of Nisg̱a'a Lands, the petitioner referred to in that section must post the petition and any other documents, for 4 consecutive weeks before the date set for hearing, at one or more of the following places:

(a) if the land affected by the petition is Nisg̱a'a Lands other than Nisg̱a'a Village Lands, the principal administration building of the Nisg̱a'a Lisims Government on Nisg̱a'a Lands;

(b) if the land affected by the petition is Nisg̱a'a Village Lands, the principal administration building of the applicable Nisg̱a'a Village Government on Nisg̱a'a Village Lands.

(5) Section 131 (1) (c) and (e) does not apply to Nisg̱a'a Lands.

(6) In applying section 133 to Nisg̱a'a Lands

(a) the Nisg̱a'a Nation has the same power to oppose the cancellation or alteration of the boundaries of all or part of a public area that is a Nisg̱a'a road as the minister charged with the administration of the Transportation Act has in respect of all or part of a public area that is an arterial highway, and

(b) the minister charged with the administration of the Transportation Act may oppose the cancellation or alteration of boundaries of all or part of a public area, only if that public area is a secondary provincial road as defined in the Nisg̱a'a Final Agreement and is an arterial highway.

(7) In applying section 137 to Nisg̱a'a Lands, the registrar has the same power under section 137 (1) (a) to cancel the lines dividing 2 or more contiguous parcels owned by the Nisg̱a'a Nation or a Nisg̱a'a Village as the registrar has in respect of 2 or more parcels owned by the Crown.

Air space

373.53   (1) Section 142 does not apply in respect of Nisg̱a'a Lands.

(2) If the title to all or part of a highway is vested solely in the Nisg̱a'a Nation or a Nisg̱a'a Village, the chief administrative officer of the Nisg̱a'a Nation or Nisg̱a'a Village, as the case may be, may apply to register the title to all or part of the highway in the Nisg̱a'a Nation or Nisg̱a'a Village, and, on registration, the Nisg̱a'a Nation or Nisg̱a'a Village may create air space parcels and deal with them in accordance with this Act.

(3) If the title to all or part of a highway is vested solely in the Nisg̱a'a Nation or a Nisg̱a'a Village, the Nisg̱a'a Lisims Government or the Nisg̱a'a Village Government, as the case may be, may, by Nisg̱a'a law, authorize an application to be made for the registration of the Nisg̱a'a Nation's or Nisg̱a'a Village's title to all or part of the highway and, on registration, the Nisg̱a'a Nation or Nisg̱a'a Village may create air space parcels and deal with them under this Act.

(4) For the purpose of this section, an indefeasible title may be registered for all or part of a highway.

Rights of owner of surface

373.6   Section 179 (2) does not apply in respect of Nisg̱a'a Lands.

Registration of debt owing to Nisg̱a'a Nation or Nisg̱a'a Village

373.61   There may be registered, in the same manner as a charge is registered, a debt owing to the Nisg̱a'a Nation or a Nisg̱a'a Village against the land of a debtor to either of them, but no debt owing to either of them affects the land of the debtor unless it is registered.

Statutory right of way

373.62   A person has the same power to create a statutory right of way in respect of Nisg̱a'a Lands under section 218 in favour of

(a) the Nisg̱a'a Nation as the person has in respect of the Crown under section 218 (1) (a),

(b) a Nisg̱a'a Corporation as the person has in respect of a Crown corporation under section 218 (1) (a), and

(c) a Nisg̱a'a Village as the person has in respect of a municipality under section 218 (1) (b).

Registration of covenant as to use and alienation

373.63   A covenant in respect of a parcel of Nisg̱a'a Lands may be created, enforced and registered under section 219 in favour of the Nisg̱a'a Nation, a Nisg̱a'a Village or a Nisg̱a'a Corporation to the same extent that a covenant may be created, enforced and registered under that section in favour of the Crown.

Registration of land vested under Nisg̱a'a law

373.64   (1) If land the title to which is registered becomes vested in the Nisg̱a'a Nation or a Nisg̱a'a Village under Nisg̱a'a law otherwise than as a result of tax sale proceedings, the registrar,

(a) on application by the chief administrative officer of the Nisg̱a'a Lisims Government or the applicable Nisg̱a'a Village Government, and

(b) on the production of a certificate of vesting signed by the chief administrative officer and describing the land,

must register an indefeasible title to that land in the name of the Nisg̱a'a Nation or applicable Nisg̱a'a Village, and cancel any existing indefeasible title to the land, or effect registration by way of charge in the name of the Nisg̱a'a Nation or applicable Nisg̱a'a Village.

(2) Section 278 applies to the registration of land under this section.

Notice of tax sale or redemption of tax sale land

373.7   (1) The collector or other proper officer of the Nisg̱a'a Lisims Government or a Nisg̱a'a Village Government, as the case may be, has the same duty to file a notice with the registrar

(a) in respect of a parcel of Nisg̱a'a Lands sold for taxes under a Nisg̱a'a law as the collector or other proper officer of a taxing authority has in respect of other land under section 272 (1), and

(b) in respect of a parcel of Nisg̱a'a Lands sold for taxes or subject to forfeiture under a Nisg̱a'a law as the collector or other proper officer of a taxing authority has in respect of other land under section 273 (1).

(2) Section 272 (2) and (3) applies in respect of a notice required under subsection (1) (a) of this section and section 273 (2) and (3) applies in respect of a notice required under subsection (1) (b) of this section.

Effect of registration of title derived from tax sale

373.71   In applying section 276 (1) in respect of Nisg̱a'a Lands, the purging and disencumbering of the land under section 276 (1) (a) and (b) does not result in a purging and disencumbering of the rights specified in section 373.2 (1) (a), (b) and (d).

Power of registrar to lodge caveat

373.72   If, in the opinion of the registrar, a person empowered to administer a Nisg̱a'a law has produced satisfactory evidence of a contravention of that law and a prohibition is considered necessary to prevent improper dealing in a parcel of Nisg̱a'a Lands covered by an indefeasible title, the registrar has the power to lodge a caveat under section 285 to prohibit dealing with that land.

Plan required with application for first registration

373.73   (1) An application under paragraph 5 of the Land Title Chapter of the Nisg̱a'a Final Agreement must be accompanied by a plan of the land affected by the application that

(a) is based on a survey prepared by a British Columbia land surveyor or, if the survey is conducted before the date on which the Nisg̱a'a Final Agreement takes effect, on a survey prepared by a Canada land surveyor, and

(b) [Repealed 2004-21-65.]

(c) is signed by the Surveyor General.

(2) If the plan meets the requirements of subsection (1) (a), the Surveyor General must sign the plan.

(3) The signature of the Surveyor General on a plan referred to in subsection (1) constitutes conclusive evidence to the registrar that

(a) the land shown on the plan forms part of Nisg̱a'a Lands,

(b) no part of the land described in the plan is submerged land other than a part that is, by appropriate labels and boundary outlines, designated as submerged lands, and

(c) the plan does not conflict with any other plan on deposit in the land title office.

(4) An indefeasible title to a fee simple estate in any portion of Nisg̱a'a Lands does not include submerged land whether or not the submerged land is shown on a plan referred to in subsection (1) and every indefeasible title to a portion of Nisg̱a'a Lands must be construed accordingly.

Conclusive evidence of good safe holding and marketable title

373.8   A Nisg̱a'a certificate constitutes conclusive evidence to the registrar that the person named in the certificate as the owner of the land described in the certificate is entitled to a good safe holding and marketable title in fee simple in respect of that land.

Additions to Nisg̱a'a Lands

373.81   (1) If land is to be added to Nisg̱a'a Lands under paragraph 9 or 11 of the Lands Chapter of the Nisg̱a'a Final Agreement and, at the time of the addition, an indefeasible title to the land to be added is registered under this Act, the minister responsible for aboriginal affairs must file a certificate in the land title office in respect of the land to be added.

(2) A certificate referred to in subsection (1) must

(a) contain a description of the land sufficient for the registrar to identify it in the records, and

(b) state that the land has been added to Nisg̱a'a Lands in accordance with the Nisg̱a'a Final Agreement.

(3) On receiving a certificate under this section, the registrar must endorse a notation in the proper register stating that the land forms part of Nisg̱a'a Lands and may be subject to conditions, provisos, restrictions, exceptions and reservations, including royalties, in favour of the Nisg̱a'a Nation.

(4) A certificate filed under this section is conclusive evidence to the registrar that the addition was made in accordance with the Nisg̱a'a Final Agreement.

Execution of instruments in respect of Nisg̱a'a Lands

373.82   (1) For the purpose of applying the Torrens system, as defined in Part 24, to Nisg̱a'a Lands, an instrument executed by or on behalf of the Nisg̱a'a Nation or a Nisg̱a'a Village is conclusively deemed to be properly executed if

(a) the seal of the Nisg̱a'a Nation or applicable Nisg̱a'a Village is affixed to the instrument in the presence of a person described as an authorized signatory, and

(b) execution is proved in the same manner as is provided in section 46, in cases of execution by a corporation.

(2) An instrument executed and proved in compliance with subsection (1) constitutes conclusive evidence to the registrar that the requirements of Nisg̱a'a law relating to the execution of the instrument and the disposition contemplated by it have been fulfilled.

(3) If an instrument executed by or on behalf of the Nisg̱a'a Nation or a Nisg̱a'a Village is presented for registration under this Act, the registrar need not act on, inquire into or give effect to Nisg̱a'a law or make any inquiry into the capacity of either of them or make any other inquiry into whether or not

(a) any Nisg̱a'a law is in force,

(b) the transaction contemplated by the instrument was duly authorized in accordance with Nisg̱a'a law,

(c) all rules and procedures established by the Nisg̱a'a Lisims Government or Nisg̱a'a Village Government respecting the disposition of an estate or interest in land have been complied with, or

(d) the Nisg̱a'a Nation or Nisg̱a'a Village subsists as a legal entity.

(4) In addition to the limits of liability established under sections 294.6 and 303, neither the assurance fund under Part 19.1, nor the assurance fund under Part 20, nor the Land Title and Survey Authority nor the minister is, under any circumstances, liable for compensation for loss, damage or deprivation occasioned by an ultra vires or unlawful act of the Nisg̱a'a Lisims Government or Nisg̱a'a Village Government or by the improper use of the seal of either of them.

Requirements for first registration of Categories A & B Lands

373.9   (1) An application for the registration of an indefeasible title to all or any portion of Category A Lands or Category B Lands must be accompanied by

(a) a plan of the land affected by the application, which plan meets the requirements of subsection (2), and

(b) a certificate of the minister responsible for aboriginal affairs that meets the requirements of subsection (3).

(2) The plan referred to in subsection (1) (a) must

(a) be based on a survey prepared by a British Columbia land surveyor,

(b) comply with the General Survey Instruction Regulation, B.C. Reg. 33/96, and

(c) be signed by the Surveyor General.

(3) The certificate referred to in subsection (1) (b) must

(a) state that the land shown on the plan referred to in subsection (1) (a) forms part of Category A Lands or Category B Lands,

(b) set out the conditions, provisos, restrictions, exceptions and reservations, including royalties, to which the land is subject, and

(c) state that the plan does not conflict with any other plan on deposit in the land title office.

(4) A certificate that meets the requirements of subsection (3) constitutes conclusive evidence to the registrar of the matters set out in the certificate.

(5) On receiving a plan and certificate under this section, the registrar must endorse a notation in the proper register stating that the land may be subject to conditions, provisos, restrictions, exceptions and reservations, including royalties, in favour of the Nisg̱a'a Nation.

(6) An indefeasible title to a fee simple estate in any portion of Category A Lands or Category B Lands does not, unless the certificate referred to in subsection (3) provides otherwise, include submerged land and every indefeasible title to a portion of Category A Lands or Category B Lands must be construed accordingly.

Effect of indefeasible title to Categories A & B Lands

373.91   (1) An indefeasible title to a parcel of Category A Lands or Category B Lands, as long as it remains in force and uncancelled, is conclusive evidence at law and in equity, as against the Crown and all other persons, that the person named in the title is indefeasibly entitled to an estate in fee simple to the land described in the indefeasible title subject to the subsisting conditions, provisos, restrictions, exceptions and reservations, including royalties, set out in the certificate referred to in section 373.9 that relates to that parcel.

(2) The matters to which an indefeasible title to a parcel of Category A Lands or Category B Lands is subject under subsection (1) are in addition to any other matters to which that title is subject under section 23 (2), as that section applies to that parcel under the Nisg̱a'a Final Agreement.

(3) Section 23 (4) does not apply in respect of Category A Lands and Category B Lands.