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This Act is current to October 29, 2024 | |||
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force. |
Despite the above date, the Schedule to the Act, including the Map of Nisg̱a'a Lands and the Appendices, is current to May 11, 2000. See "Amending Agreements" for amendments to the Schedule.
LAND TITLE
1. Federal land title or land registry laws do not apply to any parcel of Nisg̱a'a Lands, other than laws in respect of the survey and recording of estates or interests that are owned by Canada and are in Nisg̱a'a Lands.
2. The provincial Torrens system does not apply to a parcel of Nisg̱a'a Lands for which:
a. no application has been made under the Land Title Act in accordance with this Agreement for the registration of an indefeasible title;
b. an application has been made under the Land Title Act in accordance with this Agreement for the registration of an indefeasible title and, that application has been withdrawn or rejected; or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 the Land Title Act has been cancelled under that Act in accordance with this Agreement.
3. If the Nisg̱a'a Nation applies under the Land Title Act in accordance with this Agreement for the registration of an indefeasible title to a parcel of Nisg̱a'a Lands, effective from the time of application and until:
a. the application has been withdrawn or rejected; or
b. the indefeasible title for that parcel is cancelled
the provincial Torrens system, but not any Nisg̱a'a law in respect of land title or land registration made under paragraph 50 (a) of the Nisg̱a'a Government Chapter, applies to the parcel, subject to paragraph 4.
4. Notwithstanding the application of the provincial Torrens system to a parcel of Nisg̱a'a Lands as set out in paragraph 3, a Nisg̱a'a land title or land registration law that relates only to in personam rights of a person deprived of an estate, interest, condition, proviso, restriction, exception, reservation, or certificate of possession as a result of the application of the provincial Torrens system in accordance with this Agreement applies to the parcel, to the extent that the law does not conflict with paragraph 11 of this Chapter.
APPLICATION FOR INDEFEASIBLE TITLE
5. The Nisg̱a'a Nation, and no other person, in its own name or on behalf of another person may apply under the Land Title Act for the registration of an indefeasible title to a parcel of Nisg̱a'a Lands for which no indefeasible title is registered at the time of application.
6. If the Nisg̱a'a Nation applies for the registration of an indefeasible title to a parcel of Nisg̱a'a Lands for which no indefeasible title has been registered after the effective date, and the proposed registered owner in fee simple is the Nisg̱a'a Nation, a Nisg̱a'a Village, or a Nisg̱a'a Corporation, no land title fees are payable in respect of the application by which the proposed owner becomes the registered owner.
7. The Nisg̱a'a Nation, when applying for the registration of an indefeasible title to a parcel of Nisg̱a'a Lands under paragraph 5, will provide to the Registrar:
a. a description of the boundaries of the parcel;
b. a certificate of Nisg̱a'a Lisims Government certifying that, on the date of the Nisg̱a'a Certificate, the person named as the owner in fee simple in the Nisg̱a'a Certificate is the owner of the estate in fee simple of the parcel, and certifying that the Nisg̱a'a Certificate sets out the only:
i. subsisting conditions, provisos, restrictions, exceptions, and reservations contained in the original or any other conveyance or disposition from the Nisg̱a'a Nation that are in favour of the Nisg̱a'a Nation, or that are in favour of another person,
ii. estates or interests, and
iii. charges in respect of a debt owed to the Nisg̱a'a Nation or a Nisg̱a'a Village
to which the estate in fee simple of the parcel is subject; and
c. registrable copies of all charges referred to in subparagraphs (b) (ii) and (b) (iii).
8. A Nisg̱a'a Certificate will expire unless:
a. within seven days of the date of the Nisg̱a'a Certificate, the Nisg̱a'a Nation applies for registration of an indefeasible title to the parcel referred to in the Nisg̱a'a Certificate; and
b. the Registrar issues an indefeasible title to the parcel.
REGISTRATION OF INDEFEASIBLE TITLE
9. If the Nisg̱a'a Nation makes an application for the registration of indefeasible title to a parcel of Nisg̱a'a Lands under paragraph 5, the Registrar, on being satisfied that:
a. a good safe holding and marketable title in fee simple for the parcel has been established by the Nisg̱a'a Nation;
b. the boundaries of the parcel are sufficiently defined by the description provided by the Nisg̱a'a Nation;
c. all of the estates, interests, and other charges set out in the Nisg̱a'a Certificate are registrable as charges under the Land Title Act; and
d. the Nisg̱a'a Certificate is dated not more than seven days before the date of application for registration of an indefeasible title to the parcel
will:
e. register the indefeasible title to the parcel;
f. make a note on the indefeasible title that the parcel is Nisg̱a'a Lands and may be subject to conditions, provisos, restrictions, exceptions, and reservations in favour of Nisg̱a'a Nation;
g. register as charges the estates and interests set out in subparagraph 7 (b) (ii) and the other charges set out in subparagraph 7 (b) (iii); and
h. provide a copy of the indefeasible title to Nisg̱a'a Lisims Government.
10. The Registrar is entitled to rely on, and is not required to make any inquiries in respect of, the matters certified in the Nisg̱a'a Certificate.
11. A person deprived of an estate, interest, condition, proviso, restriction, exception, or reservation, or a certificate of possession referred to in paragraph 33 or 34 of the Lands Chapter, in or to a parcel of Nisg̱a'a Lands as a result of the reliance by the Registrar on a Nisg̱a'a Certificate, and the issuance by the Registrar of an indefeasible title based on the Nisg̱a'a Certificate, will have no recourse, at law or in equity, including no action for possession or recovery of land, against the Registrar, the Assurance Fund, or any person named in the Nisg̱a'a Certificate, and the indefeasible title issued by the Registrar in reliance on the Nisg̱a'a Certificate as the owner of the estate in fee simple or as the owner of an estate, interest, condition, proviso, restriction, exception, or reservation, subject to the right of a person to show:
a. fraud, including forgery, in which the owner of the estate in fee simple or the owner of the estate, interest, condition, proviso, restriction, exception, or reservation as set out in the Nisg̱a'a Certificate and the indefeasible title issued by the Registrar in reliance on the Nisg̱a'a Certificate has participated in any degree; or
b. that the owner of the estate in fee simple or the owner of the estate, interest, condition, proviso, restriction, exception, or reservation as set out in the Nisg̱a'a Certificate and the indefeasible title issued by the Registrar in reliance on the Nisg̱a'a Certificate has derived their right or title otherwise than in good faith and for value.
12. No title adverse to, or in derogation of, the title of the registered owner of a parcel of Nisg̱a'a 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 Nisg̱a'a Lands.
CANCELLATION OF INDEFEASIBLE TITLE
13. The Nisg̱a'a 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 Nisg̱a'a Lands.
14. The Nisg̱a'a Nation, when applying under the Land Title Act in accordance with this Chapter for the cancellation of the registration of an indefeasible title to a parcel of Nisg̱a'a Lands, 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 in respect of that parcel.
15. Upon receiving an application from the Nisg̱a'a Nation for cancellation of the registration of an indefeasible title to a parcel of Nisg̱a'a Lands in accordance with the provisions of paragraphs 13 and 14, and if:
a. the registered owner of the estate in fee simple to the parcel is the Nisg̱a'a Nation, a Nisg̱a'a Village, or a Nisg̱a'a Corporation, and consents; and
b. the indefeasible title to the parcel is free and clear of all charges, except those in favour of the Nisg̱a'a Nation or a Nisg̱a'a Village
the Registrar will cancel the registration of the indefeasible title.
APPLICATION OF PROVINCIAL TORRENS SYSTEM
16. When the provincial Torrens system applies to a parcel of Nisg̱a'a Lands:
a. the jurisdiction of Nisg̱a'a Lisims Government or a Nisg̱a'a Village Government is not diminished, except to the extent set out in this Agreement;
b. with respect to the Land Title Act, the powers, rights, privileges, capacities, duties, and obligations, set out in or pursuant to this Agreement, of:
i. the Nisg̱a'a Nation or a Nisg̱a'a Village under the Land Title Act will be analogous to those of the Crown, a municipality, or regional district, as the case may be, under that Act, and
ii. Nisg̱a'a Lisims Government or a Nisg̱a'a Village Government under the Land Title Act will be analogous to those of the provincial government or a municipal council, regional district board, or improvement district trustee, as the case may be, under that Act, and
c. the status and treatment of Nisg̱a'a Village Lands, or Nisg̱a'a Lands other than Nisg̱a'a Village Lands, under the Land Title Act will be analogous to that of municipal lands or rural areas, as the case may be, under that Act.
17. The following are a limited number of examples of proposed amendments to the Land Title Act, as that Act was on August 1, 1998, required to give effect to paragraph 16:
a. the following paragraphs will be added to subsection 23 (2):
"(k) the subsisting conditions, provisos, restrictions, exceptions, and reservations, including royalties, contained in the original disposition or any other disposition from the Nisg̱a'a Nation or a Nisg̱a'a Village;"
"(l) a Nisg̱a'a Nation tax, rate, or assessment 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 land;"
b. in paragraph 23 (2) (f) the word "Act" will, with reference to a right of expropriation but not with reference to an escheat, include any Nisg̱a'a law;
c. Division 3 of Part 7 will be modified to provide for the appointment of an approving officer by Nisg̱a'a Lisims Government for Nisg̱a'a Lands;
d. in paragraph 83 (1) (a) the word "municipality" will include a Nisg̱a'a Village, and in paragraph 83 (1) (b) the words "rural area" will include Nisg̱a'a Lands other than Nisg̱a'a Village Lands;
e. in paragraphs 99 (1) (f) and 218 (1) (a) the word "Crown" will include Nisg̱a'a Nation or Nisg̱a'a Village;
f. in paragraphs 99 (1) (h) and 218 (1) (b) the word "municipality" will include Nisg̱a'a Village;
g. in paragraph 107 (1) (d) the word "enactment" will include any Nisg̱a'a law, and the words "Crown in right of the Province" in respect of a highway, park or public square within Nisg̱a'a Lands will include Nisg̱a'a Nation or a Nisg̱a'a Village but in respect of land covered by water will not include Nisg̱a'a Nation or Nisg̱a'a Village; and
h. in subsection 262 (1) the word "Act" will include Nisg̱a'a laws, and the word "Crown" will include Nisg̱a'a Nation, and the words "Crown in right of the Province" will include Nisg̱a'a Nation.
Contents | Sections 1-70 | Schedule - Table of Contents | Preamble | Chapter 1 | Chapter 2 | Chapter 3 | Chapter 4 | Chapter 5 | Chapter 6 | Chapter 7 | Chapter 8 | Chapter 9 | Chapter 10 | Chapter 11 | Chapter 12 | Chapter 13 | Chapter 14 | Chapter 15 | Chapter 16 | Chapter 17 | Chapter 18 | Chapter 19 | Chapter 20 | Chapter 21 | Chapter 22 | Schedule - Map of Nisg̱a'a Lands | Appendix - Contents | Appendix - Introduction | Appendix A | Appendix B | Appendix C | Appendix D | Appendix E | Appendix F | Appendix G | Appendix H | Appendix I | Appendix J | Appendix K | Appendix L | Appendix M
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