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1998 Legislative Session: 3rd Session, 36th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

BILL 51: NIS G A'A FINAL AGREEMENT ACT –

SCHEDULE

CHAPTER 4 OF 22

CHAPTER 4

LAND TITLE

FEDERAL TITLE LEGISLATION

1. Federal land title or land registry laws do not apply to any

parcel of Nis g a'a Lands, other than laws in respect of the survey and recording of

estates or interests that are owned by Canada and are in Nis g a'a Lands.

PROVINCIAL TORRENS SYSTEM

2. The provincial Torrens system does not apply to a parcel of

Nis g a'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application has been withdrawn or rejected; or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 Nis g a'a Nation applies under the Land Title

Act in accordance with this Agreement for the registration of an indefeasible title to

a parcel of Nis g a'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a. the application has been withdrawn or rejected; or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 Nis g a'a law

in respect of land title or land registration made under paragraph 50 (

a) of the Nis g a'a

Government Chapter, applies to the parcel, subject to paragraph 4.

4. Notwithstanding the application of the provincial Torrens

system to a parcel of Nis g a'a Lands as set out in paragraph 3, a Nis g a'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 Nis g a'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 Nis g a'a Lands for which no

indefeasible title is registered at the time of application.

LAND TITLE FEES

6. If the Nis g a'a Nation applies for the registration of

an indefeasible title to a parcel of Nis g a'a Lands for which no indefeasible title

has been registered after the effective date, and the proposed registered owner in fee

simple is the Nis g a'a Nation, a Nis g a'a Village, or a Nis g a'a

Corporation, no land title fees are payable in respect of the application by which the

proposed owner becomes the registered owner.

NIS G A'A CERTIFICATE

7. The Nis g a'a Nation, when applying for the

registration of an indefeasible title to a parcel of Nis g a'a Lands under paragraph

5, will provide to the Registrar:

a. a description of the boundaries of the parcel;

b. a certificate of Nis g a'a Lisims Government certifying that,

on the date of the Nis g a'a Certificate, the person named as the owner in fee simple

in the Nis g a'a Certificate is the owner of the estate in fee simple of the parcel,

and certifying that the Nis g a'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 Nis g a'a

Nation that are in favour of the Nis g a'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 Nis g a'a

Nation or a Nis g a'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 Nis g a'a Certificate will expire unless:

a. within seven days of the date of the Nis g a'a Certificate,

the Nis g a'a Nation applies for registration of an indefeasible title to the parcel

referred to in the Nis g a'a Certificate; and

b. the Registrar issues an indefeasible title to the parcel.

REGISTRATION OF INDEFEASIBLE TITLE

9. If the Nis g a'a Nation makes an application for the

registration of indefeasible title to a parcel of Nis g a'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 Nis g a'a Nation;

b. the boundaries of the parcel are sufficiently defined by the

description provided by the Nis g a'a Nation;

c. all of the estates, interests, and other charges set out in the

Nis g a'a Certificate are registrable as charges under the Land Title Act; and

d. the Nis g a'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 Nis g a'a

Lands and may be subject to conditions, provisos, restrictions, exceptions, and

reservations in favour of Nis g a'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 Nis g a'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 Nis g a'a

Certificate.

DEPRIVATION OF ESTATE

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 Nis g a'a Lands

as a result of the reliance by the Registrar on a Nis g a'a Certificate, and the

issuance by the Registrar of an indefeasible title based on the Nis g a'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 Nis g a'a Certificate, and the indefeasible title issued by the

Registrar in reliance on the Nis g a'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 Nis g a'a Certificate and the indefeasible title

issued by the Registrar in reliance on the Nis g a'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 Nis g a'a Certificate and the indefeasible title issued by the Registrar in

reliance on the Nis g a'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 Nis g a'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 Nis g a'a Lands.

CANCELLATION OF INDEFEASIBLE TITLE

13. The Nis g a'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 Nis g a'a Lands.

14. The Nis g a'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 Nis g a'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 Nis g a'a

Nation for cancellation of the registration of an indefeasible title to a parcel of Nis g a'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 Nis g a'a Nation, a Nis g a'a Village, or a Nis g a'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 Nis g a'a Nation or a Nis g a'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

Nis g a'a Lands:

a. the jurisdiction of Nis g a'a Lisims Government or a Nis g a'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 Nis g a'a Nation or a Nis g a'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. Nis g a'a Lisims Government or a Nis g a'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 Nis g a'a Village Lands, or Nis g a'a

Lands other than Nis g a'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 Nis g a'a Nation or a Nis g a'a Village;"

"(

l) a Nis g a'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 Nis g a'a law;

c. Division 3 of

Part 7 will be modified to provide for the

appointment of an approving officer by Nis g a'a Lisims Government for Nis g a'a

Lands;

d. in paragraph 83 (1) (

a) the word

"municipality" will include a Nis g a'a Village, and in paragraph

83 (1) (

b) the words "rural area" will include Nis g a'a Lands

other than Nis g a'a Village Lands;

e. in paragraphs 99 (1) (

f) and 218 (1) (

a) the

word "Crown" will include Nis g a'a Nation or Nis g a'a Village;

f. in paragraphs 99 (1) (

h) and 218 (1) (

b) the

word "municipality" will include Nis g a'a Village;

g. in paragraph 107 (1) (

d) the word "enactment"

will include any Nis g a'a law, and the words "Crown in right of the

Province" in respect of a highway, park or public square within Nis g a'a Lands

will include Nis g a'a Nation or a Nis g a'a Village but in respect of land

covered by water will not include Nis g a'a Nation or Nis g a'a Village; and

h. in subsection 262 (1) the word "Act" will include

Nis g a'a laws, and the word "Crown" will include Nis g a'a Nation,

and the words "Crown in right of the Province" will include Nis g a'a

Nation.

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