Cree-Naskapi Land Registry Regulations (Canada)

Cree-Naskapi Land Registry Regulations

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Cree-Naskapi Land Registry Regulations

SOR/86-1070CREE-NASKAPI (OF QUEBEC) ACT
Registration 1986-11-06
Regulations Respecting the Establishment and Maintenance of a Land Registry System for the Registration of Rights and Interests in Category IA and IA-N Cree-Naskapi Land and in Buildings Situated Thereon
P.C. 1986-2490 1986-11-06Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to section 151 of the Cree-Naskapi (of Quebec) ActFootnote *, is pleased hereby to make the annexed Regulations respecting the establishment and maintenance of a land registry system for the registration of rights and interests in category IA and IA-N Cree-Naskapi Land and in buildings situated thereon.
Return to footnote *S.C. 1984, c. 18Short Title

1 These Regulations may be cited as the Cree-Naskapi Land Registry Regulations.

Interpretation

2 In these Regulations,

Act
Act means the Cree-Naskapi (of Quebec) Act; (Loi)
block
block means a portion of a lot as determined pursuant to subsection 17(2); (parcelle)
central land registrar
central land registrar means the central land registrar appointed pursuant to section 6; (registrateur du bureau d'enregistrement central)
central land registry office
central land registry office means the central land registry office referred to in paragraph 4(1)(a); (bureau d'enregistrement central)
CRINA number

CRINA number means the numerical identification assigned by the central land registrar, of a right or interest in Category IA or IA-N land of a band or in buildings situated thereon and the location of the right or interest that consists of groups of numbers separated by hyphens and in the following order:

(a) the numbers that represent the band on whose Category IA or IA-N land the right or interest is located,
(b) the numbers that represent the lot on which the right or interest is located,
(c) the numbers that represent the block on which the right or interest is located, and
(d) the numbers that represent the right or interest and in the case of a right or interest in a building, the letter "B" and the numbers that represent the building; (numéro CRINA)

index books
index books means the books referred to in section 16; (répertoires)
land registry office
land registry office means a local land registry office or the central land registry office; (bureau d'enregistrement)
land registry plan
land registry plan means a plan referred to in section 17; (plan d'enregistrement)
local land registrar
local land registrar means a local land registrar appointed pursuant to subsection 9(1); (registrateur du bureau d'enregistrement local)
local land registry office
local land registry office means a local land registry office referred to in paragraph 4(1)(b) or (c); (bureau d'enregistrement local)
lot
lot means a portion of Category IA or IA-N land as set out in a survey by the Quebec Department of Energy and Resources; (lot)
Minister
Minister means the Minister of Indian Affairs and Northern Development; (ministre)
registrar
registrar means a local land registrar or the central land registrar. (registrateur)

PART I

Establishment of the Land Registry System

3 A land registry system, under the control and supervision of the Minister, is hereby established for the registration of rights and interests in Category IA and IA-N land and in buildings situated thereon.

4 (1) The land registry system established pursuant to section 3 shall consist of the following registry offices:

(a) a central land registry office;
(b) one local land registry office for each Cree band; and
(c) a local land registry office for the Naskapi band.

(2) The central land registry office shall be located within the territory of the Quebec Urban Community.
(3) The local land registry office for a band shall be located at the head office of the band except where the band fixes the location of its local land registry office at another place on its Category IA or IA-N land.

5 (1) The hours of operation of the central land registry office shall be from 10 o'clock in the morning to 12 o'clock noon and from 1 o'clock to 3 o'clock in the afternoon every day except Saturdays and holidays.
(2) The hours of operation of the local land registry office for a band shall be from 10 o'clock in the morning to 12 o'clock noon and from 2 o'clock to 4 o'clock in the afternoon every day except Saturdays and holidays, including any day designated as a holiday by resolution of the council of the band.

PART II

Administration of the Land Registry System

6 The land registry system established pursuant to section 3 shall be under the administration of the central land registrar appointed by the Minister on a full-time or part-time basis.

Central Land Registrar

7 The central land registrar shall

(a) administer the central land registry office;
(b) coordinate the functions of the local land registry offices;
(c) arrange for and assist in the preparation of land registry plans and deposit certified copies of any land registry plan made pursuant to section 17 in the appropriate local land registry office and in the central land registry office;
(d) issue, to each local land registrar, guidelines respecting the administration and operation of the land registry system established pursuant to section 3;
(e) establish the form of the index books;
(f) assist and advise the local land registrars;
(g) assist Cree and Naskapi beneficiaries in the preparation of land descriptions and in the preparation and registration, or deposit, of any documents to be registered, or deposited, in accordance with the Act or these Regulations; and
(h) conduct an inspection of each local land registry office, including its index books and records, at least once a year and report on its administration to the council of the appropriate band.

Deputy Central Land Registrar

8 (1) The central land registrar shall be assisted by a deputy central land registrar appointed by the Minister on a full-time or part-time basis.
(2) Where the central land registrar is absent or incapacitated or the office of the central land registrar is vacant, the deputy central land registrar shall have and may exercise all the powers and duties of the central land registrar.

Local Land Registrars

9 (1) The local land registry office for a band shall be administered by a local land registrar appointed by the band.
(2) A local land registrar shall be employed by the band pursuant to paragraph 41(1)(c) of the Act and may be employed on a full-time or part-time basis.

10 A local land registrar shall, in addition to the duties prescribed by the appropriate band pursuant to paragraph 41(1)(c) of the Act,

(a) assist in the preparation of land registry plans for the Category IA or IA-N land of the band; and
(b) assist Cree and Naskapi beneficiaries in the preparation of land descriptions and in the preparation and registration, or deposit, of any documents to be registered, or deposited, in accordance with the Act or these Regulations.

Deputy Local Land Registrars

11 (1) A local land registrar shall be assisted by at least one deputy local land registrar appointed by the band.
(2) A deputy local land registrar appointed by a band pursuant to subsection (1) shall be employed by the band pursuant to paragraph 41(1)(c) of the Act and may be employed on a full-time or part-time basis.
(3) Where a local land registrar is absent or incapacitated or the office of the local land registrar is vacant, a deputy local land registrar shall have and may exercise all the powers and duties of the local land registrar.
(4) Where, in a local land registry office, the local land registrar and the deputy local land registrar are absent or incapacitated, or the offices of the local land registrar and the deputy local land registrar are vacant, the local land registry office may be administered by the central land registrar from the central land registry office.

Appointments and Dismissals

12 Where a band appoints or dismisses a local land registrar or a deputy local land registrar, the band shall forthwith notify the central land registrar in writing.

13 On assuming office, a land registrar or a deputy land registrar shall swear an oath of office to exercise his duties in accordance with law.

Inspection of Local Land Registry Offices

14 (1) The central land registrar shall not inspect a local land registry office unless the registrar of the local land registry office to be inspected has received written notice of the proposed inspection at least one week prior to the inspection.
(2) Where the central land registrar determines, as a result of an inspection referred to in subsection (1), that the affairs of a local land registry office are in serious disorder, the central land registrar shall send a report of the situation and any recommendations to the council of the appropriate band and to the Minister.

Appointment of Administrator

15 (1) Where, as a result of a report referred to in subsection 14(2), the Minister is of the opinion that the affairs of a local land registry office are in serious disorder, he may give written notice to the appropriate band of his intention to appoint an administrator to administer the local land registry office, setting out the situation which resulted in his reasons for so doing.
(2) Where a band receives a notice under subsection (1), it shall forthwith take corrective measures to remedy the situation referred to in the notice.
(3) At any time between sixty days and one year after giving notice under subsection (1), the Minister may, if he is of the opinion that the situation referred to in the notice has not been adequately remedied, appoint, in writing, an administrator to supervise the administration of the local land registry office.
(4) An administrator appointed pursuant to subsection (3) holds office for a term not exceeding four months from the date of his appointment.
(5) At the expiration of the administrator's term of appointment referred to in subsection (4), the Minister may, where he is of the opinion that the affairs of the local land registry office continue to be in serious disorder, reappoint the administrator, or appoint a new administrator, for a further term not exceeding four months.
(6) The Minister's power under subsection (5) applies also at the expiration of the term of appointment of an administrator appointed or re-appointed under that subsection.
(7) Where the Minister appoints an administrator pursuant to subsection (3) or appoints or reappoints an administrator pursuant to subsection (5) or (6), the Minister shall set out, in writing, the duties of the administrator and shall provide a copy of the appointment or reappointment and the duties to the appropriate band.
(8) The administrator of a local land registry office appointed pursuant to subsection (3) or appointed or reappointed pursuant to subsection (5) or (6) may supervise the administration of the local land registry office from the central land registry office.

Index Books

16 The following index books shall be maintained at each local land registry office and at the central land registry office:

(a) an entry book in which is recorded, in chronological order, each document that is received at the office for registration pursuant to section 21;
(b) an index of names in which is recorded the name, in alphabetical order, of each person who is a party to a document evidencing a right or interest in Category IA or IA-N land or in buildings situated thereon that is registered at the office pursuant to these Regulations;
(c) an index of land in which is recorded, for each block of Category IA or IA-N land, any rights or interests in that block that are registered at the office pursuant to these Regulations;
(d) an index of buildings in which is recorded, for each building situated on Category IA or IA-N land, any rights or interests in that building that are registered at the office pursuant to these Regulations; and
(e) a deposit index in which is recorded, in chronological order, each document referred to in section 36 that is received at the office for deposit under that section.

Land Registry Plans

17 (1) The central land registrar shall arrange for the preparation of a land registry plan for the Category IA or IA-N land of each band.
(2) A land registry plan shall show the full area of the Category IA or IA-N land of a band divided, as requested by the band, into numbered blocks based on existing land use, the natural features of the land, any land and resource use and planning by-laws made by the band pursuant to section 46 of the Act and any zoning by-law made by the band pursuant to section 47 of the Act.

(3) A land registry plan for the Category IA or IA-N land of a band shall be drawn at a scale that is appropriate to accurately and clearly

(a) identify any rights and interests in the Category IA or IA-N land shown on the plan and in the buildings situated on that land, that have been registered or deposited in the local land registry office of the band pursuant to the Act and these Regulations as of the date of the deposit of the plan in the office; and
(b) depict the location of the boundaries of the land or buildings, or both, that are the subject of the rights and interests referred to in paragraph (a).

(4) A land registry plan may consist of one or more sheets.
(5) No land registry plan shall be deposited in a land registry office unless the plan has been approved, dated and signed by the appropriate local land registrar and the central land registrar.

(6) No registrar shall approve a land registry plan unless the plan accurately and clearly

(a) identifies, by the CRINA number, any rights or interests in the Category IA or IA-N land shown on the plan or in the buildings situated on that land that are fully registered pursuant to these Regulations as of the date of the deposit of the plan; and
(b) depicts the location of the boundaries of the land or buildings or both, that are the subject of the rights and interests referred to in paragraph (a).

(7) Any rights or interests under section 114 or 115 or subsection 117(1) or (2) of the Act and any rights or interests in Category II, II-N or III land within the boundaries of Category IA or IA-N land or in buildings situated on that Category II, II-N or III land shall be identified and depicted on the appropriate land registry plan to the extent possible based on the information that is available.

(8) Where a right or interest

(a) in Category IA and IA-N land or in buildings situated thereon, other than those registered pursuant to these Regulations, or
(b) in land other than Category IA and IA-N land or in buildings situated on land other than Category IA and IA-N land,

is identified and depicted on a land registry plan the identification and depiction of such a right or interest shall clearly differentiate it from a right or interest that is registered pursuant to these Regulations.

(9) For greater certainty, the identification and depiction of a right or interest pursuant to subsection (7) or (8) does not constitute registration of the right or interest pursuant to these Regulations.
(10) A copy of any land registry plan shall be maintained at the appropriate local land registry office and at the central land registry office.

Surveys of Category IA and IA-N Land

18 (1) The central land registrar may submit a request to the Minister for a survey or resurvey pursuant to Part II of the Canada Lands Surveys Act of all or any part of the Category IA or IA-N land of a band.
(2) The central land registrar shall consider any request from a band regarding a survey of any portion of the Category IA or IA-N land of the band.

19 Nothing in these Regulations prevents a person from arranging for a survey or resurvey of Category IA or IA-N land in accordance with Part II of the Canada Lands Surveys Act but the costs of such a survey or resurvey shall be the responsibility of that person.

Examination and Copies

20 (1) Any documents registered pursuant to these Regulations, index books, copies of land registry plans and copies of surveys that are kept at a land registry office and any documents referred to in section 36 that are deposited at a land registry office shall be available for examination during the hours of operation of the office, as set out in section 5.
(2) A person may, on request, obtain from the central land registry office or where feasible, from a local land registry office a certified copy of any document, sheet of an index book, land registry plan or sheet of a land registry plan that is kept at the land registry office or any document referred to in section 36 that is deposited at the office pursuant to that section.
(3) A copy of the Act and these Regulations shall be prominently displayed and available for examination in each local land registry office and in the central land registry office.

PART III

Procedure for Registering Rights and Interests

21 A person who wishes to register a right or interest in the Category IA or IA-N land of a band or in a building situated thereon shall forward documents evidencing that right or interest to the local land registry office for the band or to the central land registry office.

Receipt of Document

22 A registrar of a land registry office shall record, in chronological order, in the entry book for the office, the following information in respect of each document received at that office pursuant to section 21,

(a) the year, month, day and hour that the document was accepted for registration or rejected by the registrar;
(b) the date of the document;
(c) the name of each person who is a party to the document;
(d) the nature of the right or interest evidenced in the document; and
(e) the CRINA number, if any, of the right or interest evidenced in the document.

Rejection of Document

23 (1) Subject to subsections (3) to (5), a registrar of a land registry office shall reject a document forwarded to the land registry office pursuant to section 21 or paragraph 24(1)(d) for the purpose of registering the right or interest evidenced by the document, if the document

(a) is not dated;
(b) does not identify each party to the document;
(c) does not set out the address of each party to the document;
(d) does not set out the nature of the right or interest evidenced in the document;
(e) neither sets out the CRINA number of the right or interest evidenced in the document nor is accompanied by a sketch that clearly shows the boundaries of the land or the building, or both, referred to in the document and the number of the block in which and the land registry plan on which the right or interest is located;
(f) in the case of a document that evidences a right or interest but does not set out the CRINA number of the right or interest, does not include in addition to a sketch referred to in paragraph (e), a metes and bounds description of the boundaries of the land or building, or both, referred to in the document and the number of the block in which and the land registry plan on which the right or interest is located;
(g) is not signed and witnessed; or

(h) in the case of a document evidencing a right or interest the granting or transfer of which requires the approval or consent of the electors of the appropriate band pursuant to the Act,

(i) is not accompanied by a statement or certificate

(A) confirming that the grant or transfer has been approved or consented to by the electors of the band, and
(B) signed by the secretary of the band or by a person designated by a by-law of the band to exercise the powers of the band secretary pursuant to section 42 of the Act, or

(ii) does not refer to a statement or certificate, described in subparagraph (i) that has been registered pursuant to these Regulations or deposited pursuant to section 36.

(2) Where a registrar of a land registry office rejects a document pursuant to subsection (1), the registrar shall return the document to the person who forwarded it to the land registry office.

(3) Paragraphs (1)(e) to (g) do not apply to documents evidencing a right or interest granted or transferred during the period beginning on the day the Act comes into force and ending on the day these Regulations come into force, if the right or interest

(a) is registered pursuant to these Regulations on a day that is within six months after the day these Regulations come into force; and
(b) is sufficiently described or depicted to enable the appropriate local land registrar and the central land registrar to identify and depict the right or interest on the appropriate land registry plan.

(4) Paragraph (1)(f) does not apply to documents evidencing a grant by a band of a right or interest in a building for residential purposes, a right of superficie or the transfer of such a right or interest.
(5) Subsection (1) does not apply in respect of a notice referred to in subsection 136(7) of the Act.

Acceptance of Document

24 (1) Where a registrar accepts a document received pursuant to section 21, the registrar shall

(a) stamp on the document the year, month, day and hour that the document was accepted for registration by the registrar;
(b) make two certified copies of the document;
(c) endorse and date the information referred to in paragraph (a); and
(d) forthwith forward the document and one of the endorsed certified copies to the appropriate local land registry office or the central land registry office, as the case may be.

(2) Where a document accepted for registration by a registrar is not, in the opinion of the registrar, of a material quality to ensure legibility and durability, the registrar shall prepare a true copy of the document and the true copy shall be considered the original document for registration purposes.
(3) Where a document accepted for registration by a registrar is written in the Cree or Naskapi language, the registrar shall prepare a memorial of the document in either the English or the French language and attach the memorial to the document.
(4) A memorial prepared pursuant to subsection (3) shall be accompanied by an affidavit of the registrar who prepared the memorial attesting to the facts that the registrar understands the languages in which the memorial and the document are written, the registrar has carefully compared the memorial and the document, and the memorial is in all respects an accurate summary of the matters referred to in the document.

Receipt of Accepted Document

25 (1) Where a registrar of a land registry office receives a document and an endorsed certified copy of the document forwarded pursuant to paragraph 24(1)(d), the registrar shall record in chronological order in the entry book for the land registry office the following information in respect of the document:

(a) the year, month and day that the document was accepted for confirmation of registration or rejected by the registrar;
(b) the year, month, day and hour that the document was accepted under subsection 24(1) for registration; and
(c) the information referred to in paragraphs 22(b) to (e).

(2) Where a registrar rejects a document received pursuant to paragraph 24(1)(d), the registrar shall return the document to the registrar who forwarded it pursuant to paragraph 24(1)(d) and that registrar shall return the document to the person who forwarded it for registration pursuant to section 21.

(3) Where a registrar of a land registry office accepts for confirmation of registration a document received pursuant to paragraph 24(1)(d), the registrar shall

(a) assign a registration number to the document and the certified copy of the document and record that number in the entry book for the office;
(b) stamp on the document and on the certified copy the words "registration confirmed" and "enregistrement confirmé" and the year, month and day that the document was accepted for confirmation of registration by the registrar;
(c) endorse and date the information referred to in paragraph (b); and

(d) forthwith forward

(i) in the case of a local land registrar, the confirmed document to the central land registrar, or
(ii) in the case of the central land registrar, the confirmed certified copy of the document to the appropriate local land registrar.

Receipt of Confirmed Document

26 Where a registrar of a land registry office receives a confirmed document or certified copy pursuant to paragraph 25(3)(d), the registrar shall

(a) assign a registration number to the document or certified copy; and

(b) record in the entry book for the office,

(i) the registration number assigned pursuant to paragraph (a), and
(ii) the registration number assigned pursuant to paragraph 25(3)(a) and the date, referred to in paragraph 25(3)(b), on which the registration of the document was confirmed.

Index Books

27 (1) In respect of each document the acceptance of which has been confirmed for registration under subsection 25(3), the local land registrar who accepted or confirmed the acceptance of the document and the central land registrar shall record the following information in the appropriate index of names:

(a) the name and number of the appropriate band;
(b) the name, in alphabetical order, of each person who is a party to the document;
(c) the registration number of the document assigned by the local land registrar and the registration number assigned by the central land registrar;
(d) the date the document was accepted under subsection 24(1) for registration;
(e) the date the registration of the document was confirmed under subsection 25(3);
(f) the date of the document;
(g) the nature of the right or interest evidenced in the document; and
(h) the CRINA number of the right or interest evidenced in the document.

(2) In respect of each document that affects a right or interest in a block of Category IA or IA-N land of a band, the acceptance of which has been confirmed for registration under subsection 25(3), the local land registrar who accepted or confirmed the acceptance of the document and the central land registrar shall record the following information in the appropriate index of land:

(a) the name and number of the band;
(b) the name of each person who is a party to the document;
(c) the registration number of the document assigned by the local land registrar and the registration number assigned by the central land registrar;
(d) the date the document was accepted under subsection 24(1) for registration;
(e) the date the registration of the document was confirmed under subsection 25(3);
(f) the date of the document;
(g) the nature of the right or interest evidenced in the document; and
(h) the CRINA number of the right or interest evidenced in the document.

(3) In respect of each document that affects a right or interest in a building situated on Category IA or IA-N land of a band, the acceptance of which has been confirmed for registration under subsection 25(3), the local land registrar who accepted or confirmed the acceptance of the document and the central land registrar shall record the following information in the appropriate general index of buildings:

(a) the name and number of the band;
(b) the name of each person who is a party to the document;
(c) the registration number of the document assigned by the local land registrar and the registration number assigned by the central land registrar;
(d) the date the document was accepted under subsection 24(1) for registration;
(e) the date the registration of the document was confirmed under subsection 25(3);
(f) the date of the document;
(g) the nature of the right or interest evidenced by the document; and
(h) the CRINA number of the right or interest evidenced by the document.

Land Registry Plan

28 A right or interest in Category IA or IA-N land or in buildings situated thereon that has been registered pursuant to these Regulations shall be identified on the appropriate land registry plan by its CRINA number and the location of the boundaries of the land or buildings, or both, that are the subject of the right or interest shall be depicted on that land registry plan.

PART IV

Priorities

29 (1) Subject to subsections (2) and (3), the priority of a right or interest the registration of which has been confirmed under subsection 25(3) shall be established by reference to the time at which the document was accepted under subsection 24(1) for registration.
(2) Subject to subsection (3), the priority of a right or interest, that was granted or transferred during the period beginning on the day the Act comes into force and ending on the day these Regulations come into force, and the registration of which is confirmed under subsection 25(3) within six months after the day these Regulations come into force, shall be established by reference to the day on which the right or interest was granted or transferred, as the case may be.
(3) The priority of an equivalent right or interest, that was granted under subsection 117(3) or (4) of the Act and the registration of which has been confirmed under subsection 25(3), shall be established by reference to the date on which the relevant former right or interest referred to in one of those subsections of the Act was granted.

Fully Registered Rights and Interests

30 (1) Where the registration of a right or interest has been confirmed under subsection 25(3) and

(a) the territorial description of the right or interest is depicted on a survey confirmed in accordance with Part II of the Canada Lands Surveys Act, or
(b) the appropriate local land registrar and the central land registrar are satisfied that the boundaries of the land or buildings, or both, that are the subject of the right or interest can be easily located on the ground,

the right or interest shall be considered to be fully registered pursuant to these Regulations as of the hour the document evidencing the right or interest was accepted under subsection 24(1) and that full registration shall be noted in the appropriate index books and depicted on the relevant land registry plans.

(2) A right or interest that is fully registered pursuant to these Regulations shall be depicted on the relevant land registry plan in a manner that clearly differentiates it from any other rights or interests depicted on the plan.
(3) Subject to subsection (4), the location of the boundaries of the land or buildings, or both, that are the subject of a right or interest that is fully registered pursuant to these Regulations shall be established by reference to the depiction of the right or interest on the relevant land registry plan.
(4) The depiction of a right or interest that is fully registered pursuant to these Regulations is not subject to an appeal pursuant to section 32 except where the appropriate local land registrar and the central land registrar are satisfied that the location of the boundaries of the land or buildings, or both, that are the subject of the right or interest has been inaccurately depicted on a land registry plan.
(5) Where the appropriate local land registrar and the central land registrar are satisfied that the location of the boundaries of the land or buildings, or both, that are the subject of a fully registered right or interest has been inaccurately depicted on a land registry plan, the local land registrar shall notify the holders of any rights or interests that are affected by the inaccurate depiction and are registered pursuant to these Regulations and the registrars shall make a notation of the inaccuracy in the appropriate index books and on the relevant land registry plans.
(6) A notification to a holder pursuant to subsection (5) shall be by personal service or registered mail to the holder of the right or interest affected, at the address of the holder that is set out in the registered document evidencing the right or interest.

Provisionally Registered Rights and Interests

31 (1) Where the registration of a right or interest has been confirmed under subsection 25(3) but

(a) the territorial description of the right or interest is not depicted on a survey confirmed in accordance with Part II of the Canada Lands Surveys Act, or
(b) the appropriate local land registrar or the central land registrar is not satisfied that the boundaries of the land or building, or both, that are the subject of the right or interest can be easily located on the ground,

the right or interest shall be considered to be provisionally registered pursuant to these Regulations as of the hour the document evidencing the right or interest was accepted under subsection 24(1) and that provisional registration shall be noted in the appropriate index books and depicted on the relevant land registry plans.

(2) A right or interest that is provisionally registered pursuant to these Regulations shall be depicted on the relevant land registry plan in a manner that clearly differentiates it from any other rights or interests depicted on the plan and any overlap on the depiction of another right or interest shall be depicted in a manner that clearly indicates the overlap.
(3) The location of the boundaries of the land or buildings, or both, that are the subject of a right or interest that is provisionally registered pursuant to these Regulations shall be established by reference to the documents, referred to in section 21, evidencing that right or interest.
(4) Where a right or interest is provisionally registered pursuant to these Regulations and the appropriate local land registrar and central land registrar are satisfied that the boundaries thereof overlap on a right or interest that was previously fully or provisionally registered pursuant to these Regulations, the appropriate local land registrar shall notify the council of the appropriate band and the holders of any rights or interests registered pursuant to these Regulations that are affected by the overlap.
(5) A notification to a holder pursuant to subsection (4) shall be by personal service or registered mail to the holder of the right or interest affected, at the address of the holder that is set out in the registered document evidencing the right or interest.

SOR/94-369, s. 3.

PART V

Appeal Notice

32 (1) Within 22 months after the provisional registration of a right or interest or at the time when a notification is given under subsection 30(5), as the case may be, the appropriate local land registrar and the central land registrar shall prominently display and make available for examination in their respective land registry offices the following documents, which shall remain displayed and available for 60 days:

(a) a notice that sets out

(i) any provisionally registered right or interest the depiction of which on a land registry plan is subject to appeal,
(ii) any fully registered right or interest the proposed revised depiction of which, on a land registry plan is subject to appeal because of an inaccuracy referred to in subsection 30(4),
(iii) a statement to the effect that a written objection to the depiction of a right or interest may be forwarded to the appropriate local land registrar or the central land registrar within 60 days after the date of this notice,
(iv) the procedure for filing an objection referred to in subparagraph (iii),
(v) a statement to the effect that a copy of the relevant land registry plan, that shows the rights and interests the depiction of which are subject to appeal, is available for examination in the appropriate local land registry office and in the central land registry office for a period of 60 days after the date of the notice, and
(vi) the date, hour and place fixed for the hearing of the appeal by the local land registrar and the central land registrar; and

(b) a copy of the relevant land registry plan that shows the rights and interests the depiction of which are subject to appeal.

(2) The local land registrar referred to in subsection (1) shall cause a copy of the notice referred to in paragraph (1) (a) to be prominently displayed in the appropriate band office and in such other places as the local land registrar and the central land registrar consider necessary.

SOR/94-369, s. 3.

Objection

33 (1) A person who wishes to make an objection referred to in subparagraph 32(1)(a)(iii) shall set out in the objection any reasons for the objection.
(2) Where a registrar receives an objection referred to in subparagraph 32(1)(a)(iii), the registrar shall forthwith forward a copy of the objection to the appropriate local land registrar or the central land registrar, as the case may be.

Decision

34 (1) The appropriate local land registrar and the central land registrar shall, in deciding an appeal respecting the depiction of a right or interest, take into account any inspection on the ground of the location of the boundaries of the right or interest, any objections received pursuant to subparagraph 32(1)(a)(iii) and any representations made at the hearing referred to in subparagraph 32(1)(a)(vi).
(2) Within 30 days after a hearing referred to in subparagraph 32(1)(a)(vi), the appropriate local land registrar shall, after consultation with the central land registrar issue his decision respecting the depiction of any rights or interests the depiction of which was the subject of an appeal referred to in subsection (1).
(3) Notification of a decision referred to in subsection (2) shall be forwarded by personal service or registered mail to the appropriate band and to the holder of any right or interest affected by the decision, at the address of the holder that is set out in the registered document evidencing the right or interest.

(4) After the expiration of the 30 days referred to in subsection (2) and after the notifications referred to in subsection (3) have been forwarded, the appropriate local land registrar and the central land registrar shall, taking into account any decisions on appeal made under subsection (2),

(a) in the case of a provisionally registered right or interest the depiction of which was subject to appeal, make a notation in the appropriate index books that the right or interest is fully registered and amend the relevant land registry plan to depict the right or interest as fully registered; and
(b) in the case of a fully registered right or interest the depiction of which was subject to appeal, amend the relevant land registry plan.

PART VI

Cancellation of Registration of Rights or Interest

[SOR/99-232, s. 1(F)]

35 (1) The appropriate local land registrar and the central land registrar shall cancel the registration of a right or interest in Category IA or IA-N land, or in buildings situated thereon, where

(a) a court orders the cancellation;
(b) all interested parties consent, in writing, to the cancellation; or
(c) in respect of a provisionally registered right or interest, it is not possible to make a decision under section 34 as to the boundaries of the land or the location of any buildings subject to the right or interest.

(2) Where the registration of a right or interest is cancelled in accordance with subsection (1), the appropriate local land registrar and the central land registrar shall make a notation of the cancellation in the appropriate index books and reflect the cancellation on the relevant land registry plans.

SOR/99-232, s. 2.

PART VII

Depository

36 (1) A land registry office shall, for the purpose of facilitating the management and administration of Category IA or IA-N land and of buildings situated thereon, provide safekeeping services for the deposit of

(a) documents referred to in section 149 and subsection 152(1) of the Act; and
(b) non-registrable documents including notices of expropriation.

(2) Where a document referred to in subsection (1) is received at a land registry office, a registrar of the office shall forthwith make a copy of the document and forward the copy of the document to the appropriate local land registry office or the central land registry office, as the case may be.
(3) A registrar of a land registry office shall record, in chronological order, in the deposit index for the land registry office, each document received at that land registry office for deposit under subsection (1) or (2).

Rights and Interests — Deposited Documents

37 (1) Where a right or interest in Category IA or IA-N land or a building situated thereon evidenced by a document deposited pursuant to subsection 152(1) of the Act or under paragraph 36(1)(b) of these Regulations is identified and depicted on a land registry plan the identification and depiction of such a right or interest shall clearly differentiate it from a right or interest that is registered pursuant to these Regulations.
(2) For greater certainty, the deposit under subsection 36(1) of a document referred to in paragraph 36(1)(b) does not constitute registration pursuant to these Regulations of any right or interest evidenced by the document and the identification and depiction, on a land registry plan, of a right or interest pursuant to subsection (1) does not constitute registration of the right or interest pursuant to these Regulations.