Cancelling registration of reserve lands registered to Canada

373.92   (1) In this section:

"band" has the same meaning as in the Indian Act (Canada);

"federal minister" means the Minister of Indian Affairs and Northern Development for Canada and includes a person to whom that minister has delegated in writing the minister's powers or functions under this section;

"reserve lands" means lands within a reserve as defined in section 2 (1) of the Indian Act (Canada).

(2) If Canada is the registered owner of the estate in fee simple in a parcel of reserve lands, on application by the federal minister, accompanied by a certificate that is signed by the federal minister, sets out a description of the parcel sufficient for the registrar to identify it in the register and certifies that

(a) the parcel is free of registered charges or the holder of any registered charge has consented to the cancellation, and

(b) the band council of the band for whose use and benefit Canada holds the estate has consented on behalf of that band to the cancellation,

the registrar must cancel the registration of the indefeasible or absolute title to the parcel together with the registration of any charge against or endorsement made on that indefeasible title.

(3) A certificate under subsection (2) constitutes conclusive evidence to the registrar of the matters certified in it.

(4) On cancelling an indefeasible or absolute title under subsection (2), the registrar must call in and cancel any duplicate indefeasible title that has been issued in respect of the title.

(5) For certainty, if registration is cancelled under subsection (2), this Act ceases to apply to the parcel.