The Indian Lands Registration Manual describes the procedures for preparing, submitting and registering documents in the Indian Lands Registry System (ILRS) in accordance with policy requirements developed in support of Indian Act land management provisions.
This manual also provides descriptions of the common instruments that are registered in the ILRS .
This manual is intended to provide information relating to general practices only and should not form the basis for legal advice of any kind.
The manual will be updated from time to time as a result of changes in business and legal requirements, policy, and/or feedback from users.
The Indian Act , which governs all dealings with respect to Indian lands for those First Nations operating under the land management provisions of the Indian Act , requires the establishment of two registries.
The Reserve Lands Register (established by Section 21) records instruments respecting lands which are allotted to individual band members under Section 20 of the Indian Act (Lawful Possessors) as well as other transactions relating to those individual land holdings.
Indian Act , section 21 states:
"21, There shall be kept in the Department a register, to be known as the Reserve Land Register, in which shall be entered particulars relating to Certificates of Possession and Certificates of Occupation and other transactions respecting lands in a reserve."
The Surrendered and Designated Lands Register (established by Section 55 of the Indian Act ) records particulars in connection with any transaction affecting lands which are wholly possessed by a Band and absolutely surrendered or designated under the Indian Act .
Indian Act , section 55 states, in part:
"55 (1) There shall be maintained in the Department a register, to be known as the Surrendered and Designated Lands Register, in which shall be entered particulars in connection with any transaction affecting absolutely surrendered or designated lands."
The ILRS records information concerning interests accepted for registration against reserve lands. The land register provides a list of transactions that affect a parcel of reserve land and the reserve as a whole, as well as the nature of the transaction and scope of the interest.
Note:
Most provincial systems deal with recording title to land; however, in the ILRS , title remains with the Crown and interests in land on reserves are registered.
In summary, the purpose of the ILRS is:
Note:
The ILRS displays a record of registered instruments for a reserve or for a particular parcel of reserve land. Once recorded, entries cannot be deleted, thus an instrument remains registered as part of the history of the reserve or a reserve parcel even though it may be discharged or expired.
The basic functions of the Registry System are three-fold:
In general, the ILRS is guided by a set of interacting procedures designed to govern the registration of rights or interests, claims of interest, or notices of claims of interest in reserve land. The ILRS is a repository of documentation and does not purport to guarantee title or accuracy of documentation filed therein, nor give priority to any interests with the exception of Section 55(4) of the Indian Act which provides that: "An assignment registered under this section is valid against an unregistered assignment or an assignment subsequently registered."
A First Nation may submit an application for registration and associated documents to the applicable Indigenous and Northern Affairs Canada (INAC) Regional Offices for registration and retention.
Documents registered in the ILRS before December 1, 2012 are retained at HQ , documents registered after December 1, 2012 are retained in the applicable INAC Regional Offices.
Title searches can be conducted by accessing the Public Site.
Under the Indian Act , INAC is responsible for various aspects of the management of Indian reserve land and the registration of interests in reserve land. INAC administers the Indian Lands Registry System.
Land management and registration activities are carried out primarily in the INAC Regional Offices.
INAC only collects personal information required to administer or respond to First Nation on reserve land transfer and registration requirements. Collection and use of personal information is authorized by sections 21 – 55 of the Indian Act . Personal information for the registration of land instrument documents is collected, stored, shared and/or disposed of in accordance with Privacy and Library and Archives legislation. INAC has implemented measures to protect personal information contained within land registry records.
Departmental program officials will use personal information as described in INAC Personal Information Banks "Indian Lands Registry", INAC PPU 090,
and " Monitoring and Compliance of Reserve Land Instruments ", INAC PPU 096.
Any questions or comments regarding the administration of the Privacy Act at Indigenous and Northern Affairs Canada may be directed to our Access to Information and Privacy Coordinator by e-mail or by calling (819) 997-8277 or by writing to:
ATIP Coordinator
Access to Information and Privacy Coordinator
Indigenous and Northern Affairs Canada
10 Wellington, 18th Floor
Les Terrasses de la Chaudière
Gatineau, Ontario
K1A 0H4
Do not share any of your passwords under any circumstances.
Do not write down your passwords.
Use strong passwords (minimum of 8 characters; minimum of 1 alphanumerical, 1 lowercase and 1 uppercase letter).
Lock your workstation when you leave your desk.
Change default passwords when first receiving any IT application credentials.
Change your password when your account password has been reset.
Change your passwords every 90 days. Do not use the same password for multiple accounts.
If you suspect your password has been compromised, change it immediately and notify the service desk.
There is absolutely no guarantee that a document that is registered in the ILRS is legally valid or effective, or that all documents affecting an interest in land have been submitted for registration. This manual is not intended to provide legal advice and does not replace any legal advice.
Different reports can be generated from the Indian Lands Registry System.
The list of transactions is reflected on the Reserve General Abstract and the Parcel Abstract.
The Reserve General Abstract consists of instruments relating to the reserve as a whole, i.e. establishment of reserve, additions to reserve, surrenders/designations, Orders in Council and Band Council Resolutions for setting aside land for the general welfare of the community under Section 18(2) of the Indian Act .
With the exception of Reserves created pursuant to claims implementation legislation, a contemporary addition to Reserve or new Reserve is set apart for the use and benefit of a Band pursuant to the royal prerogative manifest by an Order-in-Council of the Privy Council (OCPC). An OCPC is also used to accept a surrender of, or to expropriate reserve lands. An OCPC can only be modified or cancelled by another OCPC .
Pursuant to claims implementation legislation, a Ministerial Order is used to set apart a new Reserve or an addition to a Reserve.
Easements (Sec 35) are authorized by an Order-in-Council, while designations can only be accepted by a Ministerial Order.
The Parcel Abstract lists instruments relating to individual lots/parcels of reserve land. Every parcel/lot with a registered interest has a parcel identification number or PIN that is unique to that parcel. When a lot or parcel is subdivided, a new PIN is given to the newly created lots when a transaction is submitted for registration. A Parcel Abstract Report identifies encumbrances registered against a parcel/lot.
In the normal course of management of reserve lands, a variety of transactions may affect the rights or interest in the land. The transactions will typically involve the Crown, a First Nation, one or more members of a Band, or non-members of a Band. The transactions are described in an "instrument", a legal document that gives effect to the transaction, and describes the parcel of land, the parties to the transaction, and any legal details and specifications required.
Any instrument may be registered that:
For a list of the Regional Offices and their contact details see Regional Office Contact Information.
An instrument may be submitted by the following:
It is the responsibility of the parties to a transaction to conduct a search of the records prior to submitting the instrument for registration.
The following documents must be submitted to the applicable INAC Regional Office (detailed registration requirements for instruments and supporting documents are set out in this Manual):
An instrument submitted for registration must be accompanied by an application for registration ("application") as described herein:
An application must be completed and submitted with the instrument to the appropriate INAC Regional Office.
Exceptions:
An instrument can be submitted for registration without an application in cases where the instrument is:
When the application is initiated in the ILRS , a registration number is assigned and this number is used throughout the registration process. Applicants must provide their e-mail address in the communication section of the ILRS in order to receive notification of the registration.
All returned instruments are to be re-submitted using the same registration number.
The Application for Registration form is available online. The application must contain the following information, exactly as it appears on the instrument submitted for registration.
When preparing an instrument refer to the Land Management Manual. It includes the basic technical information, procedures and policies dealing with the management of reserve lands.
The instrument, which is the legal document that describes the land transaction, must clearly identify all aspects of the transaction as outlined/indicated in the following requirements:
Exceptions:
A certified true copy can be used if:
A facsimile/copy of an instrument is not acceptable for registration (except a Discharge fax or photocopy).
An INAC Regional Office may accept an instrument for registration despite a defect in the proof or form of its execution where the instrument was approved by the Minister prior to January 1, 1989.
The execution of an instrument submitted for registration shall be witnessed and attested to, by at least one person who has attained the age of majority and who is not a party to the instrument.
Exceptions:
Where an instrument is signed by a person who may have challenges reading or writing the instrument (by reason of physical disability, illiteracy, or lack of understanding of the English or French language), a statement to this effect must appear on the instrument. The Affidavit of Execution form (page 2), section Execution by Mark, must be completed as described in Affidavit for Persons with Reading Challenges.
An instrument submitted for registration and signed by an agent under a power of attorney must meet the following requirements:
A power of attorney filed in the ILRS may be revoked by registering a Revocation.
As proof of execution, an instrument must be accompanied by an Affidavit of Execution. Someone, who is not a party to the instrument, must witness the instrument being signed and provide written confirmation of that with the application. An Affidavit of Execution form is shown on page 100.
Every Affidavit of Execution must be signed in the presence of a person who is authorized to receive a solemn declaration under Section 41 of the Canada Evidence Act or is considered an ex officio commissioner for the taking of oaths under Section 108 of the Indian Act .
Where an instrument is signed by a person who has challenges reading or writing the instrument (by reason of physical disability, illiteracy, or lack of understanding of the English or French language), the affidavit respecting the execution of the instrument must accompany the instrument to show:
When the legal land description contained in an instrument submitted for registration is required, as set out in Requirements for a Legal Land Description, and is based on an Official Plan or Administrative Plan, it is the applicant's responsibility to ensure that the Indian Lands Registry has or is provided with a copy of the plan before or at the time the instrument is submitted for registration.
As of November 1, 2005, all survey plans are issued a unique number when registered in the Canada Lands Survey Records. In addition to technical differences, the title block and the signature block distinguish plan types.
An Official Plan refers to a survey plan which is confirmed pursuant to Section 29 of the Canada Lands Surveys Act (CLSA). As a general rule, Official Plans are used for the survey of jurisdictional boundaries of Reserve lands or parcels which create a jurisdictional boundary once a land transaction is complete.
An Administrative Plan refers to a survey plan which is approved pursuant to Section 31 of the Canada Lands Surveys Act . As a general rule, Administrative Plans are used for all new internal subdivisions or other surveys related to internal interests in Reserve Lands.
A Registration Plan is a type of Administrative Plan. It is a graphic description of the boundaries of land prepared from information contained in existing documents, field notes of survey, controlled aerial photographs or maps and from information found in land transaction documents, and approved by the Surveyor General pursuant to Section 31 of the Canada Lands Surveys Act .
Regional Surveyor (RS) Plans are the predecessors to Registration Plans. RS Plans were approved by Regional Surveyors pursuant to Section 31 of the Canada Lands Surveys Act . Prior to November 1, 2005, there were seven RS Plans ( RSA -Alberta, RSATL -Atlantic, RSBC -British Columbia, RSM -Manitoba, RSO -Ontario, RSQ -Quebec & RSS -Saskatchewan).
Whereas plan numbers issued for Registration Plans have an "R" at the end, plan numbers issued for RS plans do not have an "R" at the end of the number.
As of November 1, 2005, all survey plans are issued a unique number when registered in the Canada Lands Survey Records. In addition to technical differences, the title block and the signature block distinguish plan types.
Note:
With the adoption of National Standards for the Survey of Canada Lands, no new Registration Plans are being produced: either a Plan of Survey (based upon a full field survey), a Compiled Plan of Survey (based upon information found on plans and field notes recorded in the CLSR ) or an Explanatory Plan (not based upon a field survey) is being used.
A Plan of Survey is a plan prepared from a full field survey with official survey monuments placed to reference all corners of the parcels or boundary.
A Compiled Plan is a plan prepared entirely from information found on plans and field notes recorded in the Canada Lands Surveys Records (CLSR), and is not based upon any new field survey.
An Explanatory Plan is a plan prepared from information found on plans and field notes recorded in the Canada Lands Survey Records (CLSR), and is not based upon any new field survey. An Explanatory Plan may show new boundaries for proposed non-exclusive use interests such as for permit areas, access right of ways, and for designation votes.
A Plan of Building Unit is a plan prepared to show separate units within a constructed building.
A Plan of Air Space Parcel is a plan prepared to show parcels with an upper and lower vertical limit and may be used for exclusive use interests and non-exclusive use interests.
A Textual Description is a metes and bounds description of Reserve lands, or any other description of Reserve lands that does not refer exclusively to one or more complete parcels on a Registration Plan or Official Plan. A textual description must meet the following requirements:
Copies of survey products may be obtained from the Regional Surveyor, Offices of the Surveyor General Branch, Natural Resources Canada, or free online through the Earth Sciences page of the Natural Resources Canada website.
In cases where it is not clear which survey product must be used for a lands instrument, the Surveyor General Branch Regional Manager and the Regional Lands Manager will jointly identify the survey product to use.
The minimum legal land description requirements for various types of transactions are summarized in Chart A to the Interdepartmental Letter of Agreement with Natural Resources Canada effective January 5, 2015 ( ILRS Reg #6083397). This chart indicates the minimum legal land description requirements for any new interest to be recorded in the Indian Lands Registry System. Whenever issues arise in relation to legal land descriptions always consult Chart A in the most up-to-date interdepartmental agreement registered against the Canada General Abstract in the ILRS .
To describe the location and extent of lands subject to a land transaction that will be registered in the Registry, only the following survey products shall be used:
Note:
Registration Plans, e.g. , RSO 6818R, can still be used for land transactions as long as they meet the current National Standards for surveys.
The minimum land description requirement for any new interests to be recorded in the Indian Lands Registry System is identified in Chart A.
References to Section 29 (Official Plan) and Section 31 (Administrative Plan) in Chart A are to the Canada Lands Surveys Act . All other Section references are to the Indian Act .
Subsection | Description |
---|---|
Subsection 18(2) | Land in a reserve may be taken for the general welfare of the Band ( e.g. , schools, Band roads, churches, etc. ). |
Subsection 20(1) | Possession of land can be allotted by a Band Council. |
Section 24 | The right to possession of land may be transferred. |
Subsection 28(2) | Permits may be issued on reserve lands. |
Section 35 | Land in a reserve may be taken for public purposes. |
Subsection 38(1) | A Band may absolutely surrender all of its rights in land to Her Majesty in Right of Canada. |
Subsection 38(2) | A Band may designate (by way of a surrender that is not absolute) any right for the purpose of leasing or granting the right. |
Sections 43 & 49 | The administration of property of deceased Indians. |
Sections 53 & 58 | Surrendered, Designated or locatee reserve lands may be leased. |
The legal land descriptions contained in the instrument for boundary surveys or for disposing of land must be shown on an Official Plan where an instrument purports either:
When an instrument purports to take lands or to grant an Easement over Reserve or designated land under Section 35 of the Indian Act , the legal land descriptions contained in the instrument must be based on an Official Plan.
The legal land description for surrendered lands has specific requirements:
The legal land description for lands subject to a designation vote has specific requirements:
Where the instrument is a blanket Permit which grants an interest in land to a utility company for the purpose of providing service to a First Nation or members of a First Nation on a Reserve, the applicable INAC Regional Office may accept an instrument for registration based on a textual description.
The legal land descriptions contained in an instrument granting a long-term interest and/or lawful possession must be based on a Registration Plan with field survey, a Plan of Survey or Compiled Plan of Survey where an instrument purports one of the following:
The term of the instrument includes all provisions for renewal or extension of the right or interest.
A whole parcel of Reserve land or the whole of an interest in Reserve land being transferred by an Administrative Transfer should be shown on a Registration Plan, Plan of Survey or Compiled Plan of Survey. If the existing legal land description is based on a location sketch (LS), a metes and bounds description, or a Cardex description, a NETI (No Evidence of Title Issued) is issued in lieu of a Certificate of Possession (CP).
The term "remainder" is used for the remaining part of a parcel (called the parent parcel) after a portion of land has been surveyed and has its own legal description identified on a new plan.
The requirement to survey and provide a new parcel designator for all Remainders has been eliminated except in certain cases where:
Remainder parcels should be described in the Registry as the original lot, save and except a new subdivided lot. Each remainder parcel will be mapped as a unique polygon with a unique parcel PIN by NRCan. Since there is no new parcel designation, the remaining land would be attributed as a ‘remainder'. A valid legal description of the remainder would be Lot 1 on Plan X save and except Lot 2 on Plan Y where Lot 2 is the newly severed parcel.
The legal land descriptions contained in the instrument must be based on a Registration Plan, Plan of Survey, Compiled Plan of Survey or Plan of Building Unit when it either:
The term of the instrument includes all provisions for renewal or extension of the right or interest.
The legal land descriptions contained in an instrument with short-term interests may be a textual description or Explanatory Plan where it either:
The term of the instrument includes all provisions for renewal or extension of the right or interest.
Reserves are established by an Order in Council in which such an order includes the Reserve name. If a Band wishes to change the Reserve name, the change must be effected through an Order in Council. The previous practice of submitting a BCR is no longer be accepted.
A Designation is the instrument through which a Band/First Nation relinquishes less than its entire interest (in all or part) of its Reserve to the federal Crown for a specified purpose and period of time. The land retains both the underlying Indian interest and its reserve status. Designations are carried out mainly for leasing purposes (commercial or recreational) where less than the whole interest in the land is required for the transaction.
The following instruments shall be filed in the Registry when land is set apart as a Reserve:
Plans depicting surveys carried out under provincial legislation and approved by provincial authorities, that define boundaries of land that may subsequently become Reserve lands, may be used in a land description for a proposed Addition to Reserve after a copy of the provincial plan is recorded in the CLSR . The Regional Office of the Surveyor General Branch must be consulted to decide if the existing provincial plan is satisfactory and suitable for recording in the CLSR .
Where an instrument submitted for registration purports to dispose of or convey the title in whole or part of Reserve land, the instrument shall be accompanied by the absolute surrender of the land certified in accordance with Section 40 of the Indian Act if the surrender has not previously been registered.
Ministerial Order conferring Reserve status: this can establish or add land to a reserve. This document will be registered on the Reserve General only. Designations can only be accepted by a Ministerial Order.
The Family Homes on Reserves and Matrimonial Interests or Rights Act came into force on December 16, 2014. It contains two main parts. First Nation Law Making Mechanism, Sections 7-11 of the Act allow for communities to enact their own laws regarding matrimonial real property situated on their reserves. See Notice of Community Specific Legislation.
The second part, Provisional Federal Rules provides a process when dealing with matrimonial real property until the First Nation passes its own matrimonial real property law.
Section 15(1) of the Family Homes on Reserves and Matrimonial Interests or Rights Act establishes that, subject to the Indian Act , a spouse or common-law partner holding an interest or right in or to the family home located on the reserve must not dispose of or encumber that interest or right during the conjugal relationship without the free and informed consent in writing of the other spouse or common-law partner whether or not that person is a First Nation member or an Indian.
Copies of court orders and notices of court orders (with the exception of confidentiality orders made under Section 19 in emergency protection order situations) must be sent (by the applicant) to the Minister. If the provisional federal rules apply to the First Nations listed in 1, 2, and 3, then any court orders made under the federal rules must be sent by the applicant directly to the relevant First Nation council.The provisional federal rules apply to First Nations:
Although the Family Homes on Reserves and Matrimonial Interests or Rights Act , does not require orders to be registered, once an order has been provided, a Registration Officer will register the orderon the appropriate parcel.
When a court order to transfer land is received, a Transfer of a Right to Possession of Reserve Land by Court Order form must be completed in order to affect the transfer.
Section 10 of the Family Homes on Reserves and Matrimonial Interests or Rights Act requires the First Nation to inform the Minister that they have adopted community-specific matrimonial real property legislation and that the First Nation provides copies of the approved laws to the Minister.
Section 15(1) of the Family Homes on Reserves and Matrimonial Interests or Rights Act establishes that, subject to the Indian Act , a spouse or common-law partner who hold an interest or right in or to the family home must not dispose of or encumber that interest or right during the conjugal relationship without the free and informed consent in writing of the other spouse or common-law partner whether or not that person is a First Nation member or an Indian.
It is therefore necessary to obtain the necessary forms when processing the following transactions:
For corporations: Only corporations with a sole owner/operator are required to submit the Assessment of Matrimonial Real Property and Statutory Declaration form.
Note:
For solely owned corporations this form is to be completed by the owner as him or herself.
Important:
Original forms must be submitted.
Land officers must obtain a completed Assessment of Matrimonial Real Property and Statutory Declaration form from individuals, and corporations that are solely owned by individuals, wanting to effect real property transactions. The purpose of the form is to establish whether an interest in, or to, the family home is affected by the proposed transaction, and whether the free and informed consent has been given by the other spouse or common-law partner to proceed with the land transaction.
For corporations: Only corporations with a sole owner/operator are required to submit the Assessment of Matrimonial Real Property and Statutory Declaration form.
Note:
For solely owned corporations this form is to be completed by the owner as him or herself.
Important:
DO NOT complete this form if the person whose estate is being administered died on or before December 15, 2014.
Where a spouse or common-law partner has an interest in the family home, it will be necessary for the Minister to consider whether or not the consent has been given by the other spouse or common-law partner to proceed with the transaction which affects the family home. The Statutory Declaration of Spouse or Common-Law Partner form is used to show that consent has been obtained.
When a court order to transfer land is received, a Transfer of a Right to possession of reserve land by court order under Family Homes on Reserves and Matrimonial Interests or Rights Act form can be completed by the Land Officer, who will then register the transfer in the Indian Lands Registry System (see registration requirements for Court Orders). If the court documents are hand delivered, the requestor can complete the transfer form.
Important:
DO NOT complete this form if the person whose estate is being administered died on or before December 15, 2014.
In instances where a spouse or common-law partner may have an interest in the estate of their deceased partner, consent or acknowledgement by an Executor of a Will or Administrator of an Estate may be required using the Statutory Declaration of Executor of a Will or an Administrator of an Estate form. This consent form requires the Executor of Will or Administrator of Estate to declare that they will observe provisions of the Indian Act or Family Homes on Reserves and Matrimonial Interests or Rights Act in carrying out their duties.
A certified true copy of the Death certificate must be on file with Indigenous and Northern Affairs Canada. An Executor or Administrator appointed by a court must ensure that a certified true copy is submitted with this application if not previously recorded in the Indian Lands Registry System.
This form must be completed by the Executor or Administrator wanting to distribute the estate of a deceased individual who died after December 15, 2014 and held an interest on reserve, in order to demonstrate compliance with s. 38(1) of the Family Homes on Reserves and Matrimonial Interests or Rights Act . Pursuant to s. 38(1), an Executor of a Will or an Administrator of an estate must not proceed with the distribution of the estate until one of the following occurs:
Note:
Two or more consents are required where there are both a Surviving Spouse and a Surviving Common-Law partner(s).
Important:
DO NOT complete this form if the person whose estate is being administered died on or before December 15, 2014.
When the Executor of a Will or Administrator of an Estate is also the surviving spouse or common-law partner, the Statutory Declaration of Executor of a Will or Administrator of an Estate and Surviving Spouse or Common-Law Partner form must be completed. If there is a second survivor, he or she must complete the Statutory Declaration of the Surviving Spouse or Common-Law Partner form as well. For clarity, in some cases there may be a spouse ( e.g. , the couple remain legally married but are separated) and also a common-law partner. In that case, where spousal consent is required, both the spouse and the common-law partner are to submit statutory declarations.
A certified true copy of the Death certificate must be on file with Indigenous and Northern Affairs Canada. An Executor or Administrator appointed by a court must ensure that a certified true copy is submitted with this application.
This form must be completed by the Executor or Administrator wanting to distribute the estate of a deceased individual who died after December 15, 2014 and held an interest on reserve, in order to demonstrate compliance with s. 38(1) of the Family Homes on Reserves and Matrimonial Interests or Rights Act (FHRMIRA). Pursuant to s. 38(1) of the act, an Executor of a Will or an Administrator of an estate must not proceed with the distribution of the estate until one of the following occurs:
Note:
Two or more consents are required where there are both a Surviving Spouse and a Surviving Common-Law partner(s).
In certain circumstance the Executor of a Will or Administrator of an Estate will seek consent from the surviving spouse, the surviving common-law partner(s), or both as required. For clarity, in some cases, there may be a spouse ( e.g. , the couple remain legally married but are separated) and also a common-law partner(s). In that case, the form Statutory Declaration of the Surviving Spouse or Common-Law Partner must be completed by the spouse and the common-law partner(s).
Joint Tenancy is a form of lawful possession of reserve land in which two or more band members jointly hold equal undivided shares in the whole of a parcel of reserve land.
The distinguishing feature of an interest held in Joint Tenancy is that, upon the death of one Joint Tenant the deceased's interest in the land passes to the surviving Joint Tenant(s) by the right of survivorship.
Except for those joint tenancies already in existence, all parcels of land in the province of Quebec, excluding Akwesasne, are held in Tenancy in Common.
Tenancy in Common is a form of lawful possession of reserve land in which two or more Band members, or one or more Band members and the Band itself, hold reserve land in equal or unequal undivided shares. Unlike Joint Tenancy, Tenancy in Common has no right of survivorship. Therefore, upon the death of one of the tenants in common, the deceased's interest in the land passes to the deceased's estate or heirs.
Review the Matrimonial Real Property (MRP) forms, especially the helpful hints, to determine if any of the MRP forms are required. See the chapter on Family Homes on Reserves and Matrimonial Interests or Rights Act . Links to the appropriate forms are included in the chapter.
The manner in which two or more Band members hold lawful possession of reserve land must be decided at the time they acquire the interest in the land. The manner of possession should be shown on the instrument, and/or the Band members should execute an agreement specifying the form of tenancy.
Note:
It is essential to specify the manner in which the land will be held, both in the instrument and in an Agreement.
This agreement shall be made using the form "Joint Tenancy Agreement" or the form "tenancy in common agreement".
The form " Joint Tenancy Agreement " for Joint Tenancy can be signed by all Joint Tenants and witnessed. An affidavit of witness is not required.
The form " Tenancy in Common Agreement " for Tenancy in Common may be signed by all new (as opposed to pre‑existing) Tenants in Common, optionally.
Note:
If tenancy is not specified, the default is Tenancy in Common.
If the Band members do not indicate on a Transfer and there is no agreement signed as to the manner in which they want to hold the property at the time the lawful possession of reserve land is acquired ( e.g. , silent on the instrument), the interest will be recorded as being held as Tenants in Common. The Land Registrar encourages the practice of executing the form " Tenancy in Common Agreement ", and attaching it to each Transfer instrument (except Quebec Transfer instruments, but within Quebec excluding Akwesasne Transfer instruments).
Important:
When transferring an undivided interest, the undivided interest (the fractional amount, expressed in its lowest common denominator) must be indicated on the Transfer instrument
When Joint Tenancy exists, the same number will be issued on the Certificates of Possession (CP) or Certificates of Occupation (CO). Each joint tenant receives an original certificate.
When Tenancy in Common exists, a separate CP number, CO number, or OKA Letter (for Kanesatake Lands in Quebec) will be issued for each lawful possessor outlining his/her respective undivided fractional interest. There are as many certificate numbers as there are lawful possessors.
Joint Tenancy can be severed ( e.g. , changed to an interest held in Tenancy in Common) at any time in any of the following ways:
If there are more than two Joint Tenants, the severance by one Joint Tenant will not affect the manner in which the remaining Joint Tenants hold their interests with respect to each other.
When Joint Tenants subdivide their parcel of land and all the Joint Tenants transfer a portion of the original parcel to the Band or another Band member, the Joint Tenancy in regard to the subdivided parcel(s) that they retain will not be severed, but rather they will continue to hold the retained parcel(s) as Joint Tenants.
Severance, which is applicable to a Joint Tenancy situation, is not applicable to a Tenancy in Common situation. Tenants in Common may enter into a written agreement to partition their interest (divide the parcel of land into smaller parcels of land and each take possession one or more of the smaller parcels) and dissolve the Tenancy in Common.
In cases of joint tenancy, the following procedure applies: Upon the receipt of an application for transfer with attached certified true copy of a death certificate or funeral director certificate, the surviving joint tenant is entitled to the land by right of survivorship. An Affidavit of Execution must accompany the Application for the Transfer of Joint Tenancy by Survivorship form. Ministerial Consent is required when evidence of title is to be issued to the surviving joint tenant(s). If there are multiple surviving joint tenants it is acceptable for one tenant to complete the Application for Transfer of a Joint Tenancy by Survivorship form. If the deceased is in possession of more than one parcel of land, the application must list all the land to be transferred.
A new CP or CO may be issued to the surviving Joint Tenant(s), without the provision of a death certificate, where the death of a Band member can be confirmed by reference to Band membership records.
An interest held in Joint Tenancy cannot pass by devise or intestacy to any person or persons except the surviving Joint Tenant(s).
An interest held in Tenancy in Common may pass by devise or intestacy.
If an interest is held as Tenants in Common, the recording of the death certificate does not change the previously registered interest. If the deceased is in possession of more than one lot, one Transfer by Personal Representative can be submitted by the Administrator or Executor of the Estate with a listing of the legal description of each of the individual's lots that are to be transferred.
If the deceased was living on reserve, the deceased's estate must be dealt with by the Regional Office, Estates Unit. An Administrative Transfer is required that includes an Appointment of Administrator or an Approval of Will.
If the deceased was living off reserve, then a Court approves an Administrator or Executor, and the Executor or Administrator must submit a Transfer by Personal Representative along with a court certified copy of the Probate documents.
A Life Interest exists when a Band member is the lawful possessor on reserve land and another person (usually a family member) is granted the right to use and occupy the land and live in the house. The life interest continues as long as the person with the life interest is living or has not relinquished the life interest.
A Life Interest can be granted to a First Nation member by a First Nation member through a Transfer approved under Section 24 of the Indian Act , or by the estate of a deceased First Nation member through a Transfer approved under Section 49 of the Indian Act . The life interest may be relinquished at any time by the life tenant.
The transfer criteria include the following:
Transfer of a Life Interest must also meet the following requirements:
If a band member (while still a minor) wishes to transfer his/her lawful possession, the minor must first reach the age of majority.
A Transfer of Land document signed by the legal guardian/parent of the minor is not acceptable for registration.
A Remainderman situation exists where a FN member transfers or the estate of a deceased FN member effects a transfer of lawful possession of his/her lands (and house) to another FN member, and provides that another specified FN member has a right to occupy the house and land as long as this latter FN member lives. The transferee becomes the Remainderman.
Transfer of a Life Interest in a "Remainderman" situation must meet the criteria listed in Transfer Criteria and also must meet the following requirements:
The Administrative Transfer (Admin Transfer, i.e. Transfer by Personal Representative) is the instrument used for the transfer of estate lands. Pursuant to Section 49 of the Indian Act , the Administrative Transfer requires Ministerial Approval. The Administrative Transfer does not require an Affidavit of Execution.
The transfer is performed when an individual is deceased and the estate of the individual requests a transfer of the deceased's land to an heir or another Band Member.
A document dealing with an estate may be a Memorandum of Administrator, Transfer by Administrator or Transfer by Personal Representative. An Appointment of Administrator or Approval of Will must be attached to the Admin Transfer.
Review the Matrimonial Real Property (MRP) forms, especially the helpful hints, to determine if MRP forms are required. See the chapter on Family Homes on Reserves and Matrimonial Interests or Rights Act . Links to the appropriate forms are included in the chapter.
If the Admin Transfer is transferring from an Estate to more than one individual and the form of tenancy is silent, they hold the interest as tenants in common.
Note:
A minor can receive an interest.
If land was held in lawful possession as joint tenancy the Application for the Transfer of Joint Tenancy by Survivorship is used and must include a certified true copy of the death certificate or funeral director's certificate. If a certified death certificate is not included the date of death must be verified by the Lands Registration Officer through the Indian Registration System (IRS). If there are multiple surviving joint tenants each will receive an equal interest in the land held by the deceased.
If both tenants die the administrator or executor of the "surviving" tenant ( i.e. last to die) completes an Application for the Transfer of Joint Tenancy by Survivorship to transfer the parcel to the estate of the "surviving" tenant.
If attached, the Will is to be retained on file by the Regional Estates Unit. The ILR will no longer accept Wills as supporting documentation. If Admin Transfer reflects "Will attached" it is acceptable for registration purposes that the Will is not attached.
The Will of the lawful possessor must be probated through a Court. The Admin Transfer must also be approved by a delegated Ministerial Representative, under section 49 of the Indian Act . The Minister's representative does not have the authority to approve the Will or appoint an administrator.
Important:
Please note that a letter from a law firm, stating that the estate is of little or no value, is NOT acceptable for registration in the ILRS when dealing with Individual Land Holdings. If the lawful possessor died intestate, an administrator must be appointed by the Court.
The Section 49 Admin Transfer must be approved by a delegated ministerial representative and must be accompanied by a certified true copy of the Appointment of Administrator/Approval of Will and Appointment of Executor ( etc. ). An administrator can also be appointed by the department or the Court. An executor must be named in the Approval of Will.
The Joint Tenancy Agreement or the Tenancy in Common Agreement is used when two or more band members execute an agreement to specify the form of tenancy.
An Assumption Agreement allows for the assumption of mortgages and debentures.
The land description must meet survey requirements as shown in the Interdepartmental Agreement (found on the Canada General Abstract).
Where access to the allotted parcel is not available by a public or First Nation owned road, the allotment must provide access in conjunction with the land description. Access may be provided for in the allotment itself, or access may be granted over adjacent lands by agreement with the lawful possessors of that land. If the allotment meets all registration requirements a Certificate of Possession, a Certificate of Occupation or an OKA letter will be issued.
BCR Extensions may be approved by the Minister under Section 20(6) of the Indian Act for a further period not exceeding two years. The Minister may, at the expiration of any period during which a Certificate of Occupation is in force, approve the allotment and issue a Certificate of Possession if the conditions have been fulfilled. No new Certificate of Occupation is issued.
Note:
The Notice instrument replaces the instrument known as a Caveat which is no longer registered in the Indian Lands Registry System.
There is an exception to this rule concerning Caveats registered in Quebec – (Kahnawake Trust and Loan Agreements). The registry will continue to register these loan agreements as Caveats.
Caveats are registered against Kahnawake only. See the Reserve General abstracts for related documentation. All other reserves have replaced the caveat with a Notice.
Indian Oil and Gas Canada utilizes this code when registering a subsurface contract ( i.e. , interest in land for subsurface rights).
A Discharge of a Caveat discharges a previously registered Caveat.
Certificate of Lis Pendens is a court document which advises that there is pending litigation pertaining to legislation. A Certificate of Lis Pendens does not stop registration of subsequent documents.
Requirements: A court seal is required and certified true copies are acceptable for registration.
The provisional federal legislation enables provincial courts to issue various orders in support of The Family Homes on Reserves and Matrimonial Interests or Rights Act (FHRMIRA). FHRMIRA does not require orders to be registered, however, once provided, officers need to register accordingly.
When a court is ordering the transfer of the property, (Section 31) of the FHRMIRA, an Application for Registration and a Transfer of a Right to Possession of Reserve Land by Court Order must be completed by the land officer or applicant.
Note:
Regional personnel must carefully assess Court Orders and consult departmental legal services as necessary.
All hard copies of Notices and Orders must be maintained bsy the Corporate Information Management Directorate at Indigenous and Northern Affairs Canada. Ensure that a file number and protected level are written on each document before providing to:
Attn: Manon Robitaille, Records Office, INAC
Room 1435, 10 Wellington Street, Gatineau, QC K1A 0H4
Please refer to the list of naming conventions and file number and security designations.
A certified true copy of the death certificate is acceptable.
A debenture is an acknowledgment of indebtedness.
A Discharge, also called a Release, is used to indicate that a borrower's financial obligation to pay a debt has been satisfied.
A Discharge releases a previously registered mortgage, caveat, assignment of rents or debentures.
Note:
When dealing with Farm Credit Corporation loans, if the loan is more than 25 years old no discharge is required.
Note:
A fax or a photocopy of a discharge is acceptable for registration.
An Easement is a non-possessory interest in land. This accords partial use of such land for a specific purpose.
This is an agreement that allows an individual, company or municipality the right to use the property. The agreement defines all rights and obligations and is signed by the lawful possessor.
Pursuant to section 52 of the Indian Act , the Minister may appoint a guardian for the administration of any property involving a minor.
If a band member (while still a minor) wishes to transfer his/her lawful possession, the minor must reach the age of majority in order to do so. A minor cannot submit an application to transfer lawful possession of Reserve lands.
A Transfer of Land document signed by the legal guardian/parent of the minor is not acceptable.
A Judgement is a court document which outlines the court's decision.
A marriage certificate is no longer acceptable for registration. Refer to Name Change – Instrument Code 079 and Request for Evidence of Title .
A Ministerial Order is registered to correct or cancel an error on an Evidence of Title. This document is prepared by the Lands Registration Officer for the Registrar of Lands signature.
New Certificates of Possession/OKA Letters may need to be issued.
A Modification modifies a registered document.
A Mortgage is a registered charge upon interests in land for payment of a debt. The bank or lending institution lending the money and accepting this security is the mortgagee.
If the Mortgage requires Ministerial consent, than the appropriate Matrimonial Real Property form must be completed. (See Family Homes on Reserves and Matrimonial Interests or Rights Act )
A Mortgage Agreement secures a loan between the First Nation and the borrower.
A Mortgage is an encumbrance against a parcel of land created by the person in possession of an interest in the land, and using that interest in the land as security for a debt. The Mortgage is registered and remains in effect until payment in full is received and the Discharge registered.
An Assessment of Matrimonial Real Property and Statutory Declaration form is required for mortgages requiring Ministerial approval.
A Mortgage Amending Agreement modifies the original mortgage.
A Mortgage Guarantee is used when a First Nation Council guarantees a mortgage made by a Bank to a borrower (Lawful Possessor).
On application, an abstract may be revised to reflect a change of name of any party holding a registered interest in the Reserve. Proof of the name change such as a certificate of name change must accompany the application. In this situation, a certified true copy is acceptable.
When dealing with Individual Land Holding a Request for Replacement of Title must be submitted in order to issue a new Certificate of Possession/OKA Letter.
A Notice is a document that when registered in the Indian Lands Registry System, reflects the existence of a claim or interest, whether legally valid or not, against a parcel or reserve, designated or surrendered land. A Notice which has not been withdrawn expires three (3) years after the date upon which it was registered.
The Notice instrument replaces the instrument known as a Caveat which is no longer registered in the Indian Lands Registry System.
There is an exception to this rule concerning Caveats registered in Quebec – (Kahnawake Trust and Loan Agreements). The registry will continue to register these documents as Caveats.
An individual may deposit a Notice with the applicable INAC Regional Office. The individual depositing the Notice must be claiming a right or interest related to reserve, designated or surrendered land, by virtue of one of the following reasons:
The Notice may be in a form and must contain the following information:
The registration of a Notice shall not delay, restrict nor prevent the registration of subsequent instruments affecting the same parcel of reserve, designated or surrendered land.
Upon the registration of a Notice in the Indian Lands Registry System, the Registrar is not responsible for notifying the person(s) affected by the claim, but rather, as noted in Due Diligence Responsibility, it is the responsibility of the parties to a transaction to satisfy themselves as to the status of the relevant parcel prior to submitting an instrument for registration.
A person against whose interest a Notice is registered may register a " Response to a Notice ".
The person claiming the right or interest may at any time withdraw the Notice by registering a " Withdrawal of a Notice ".
A Notice of Mortgage is used to identify the existence a mortgage.
A Partial Discharge is registered when the Mortgage is seeking to discharge a portion of the loan.
A Postponement gives priority of one mortgage over another mortgage.
If a borrower falls into default the mortgage that has priority will be considered secured and paid off first before the mortgage that is being postponed.
A Power of Attorney gives authority to an individual(s) to act on behalf of another individual. It can be registered separately or attached as a supporting document.
The execution of a power of attorney must be witnessed in the same manner as required in Proof of Execution - Affidavit of Execution, and the Proof of Execution (signing) of a power of attorney shall be proven by a statutory declaration of the agent.
To be registrable in the ILRS , an instrument signed under a Power of Attorney must:
A revocation of a Power of Attorney is registered in the IRLS by using Instrument Code 024 – Revocation.
A Quit Claim can be defined by the Mortgagor and obtained after a default of a mortgage which will allow a transfer of the property.
A Registrar's Note records any fact which is not covered by a registered document and provides useful information that would otherwise be omitted from the register. A Registrar's Note is reflected on the ILRS without a registration number.
Reference should be made in the note to provide clarification of the purpose of the entry.
Note:
A new Evidence of Title can be issued if a CO/CP was not issued during the original registration.
Another purpose of this document is to capture important historical information on the Reserve General. In most cases the information is taken from the manual records.
A Registrar's Order amends/corrects an administrative error. This document is used for individual land holding issues only. This document is prepared for the Registrar's signature.
A Release can be registered to release a Certificate of Lis Pendens, Judgements, Caveats, etc.
A Response to Notice allows an individual to respond to a notice, see Response to a Notice .
A Request is reflected on Individual Land Holding parcels. When a parcel has been re-surveyed or sub-divided, or a band membership number or an individual's name has changed, a Request for Evidence of Title from the lawful possessor(s) will be registered (see Request for Evidence of Title ). For registration purposes Ministerial Consent and Affidavit of Execution are not required.
When tenants in common request a new evidence of title or update, all lawful possessors must agree (sign) to the update.
A request can be used to create new parcels. In this instance the lawful possessor is the same for each new parcel.
Note:
If land has been resurveyed, an Evidence of Title (EOT) may be requested by the lawful possessors. In this situation, while the instrument must be witnessed, there is no requirement for an Affidavit of Execution. In addition, the following signature requirements on the request are as follows:
A Right of Way provides access to landlocked parcels. The Right of Way Agreement is to be reflected on the parcel abstract providing the access.
A Right of Way is often known off reserve as an Easement that is usually, although not always, related to roads. A lawful possessor without access to a public road may have a Right of Way to traverse a neighbor's land that does have access to a public road.
If access to a lot is not clear, examine the surrounding lots to ensure access is provided ( e.g. , same lawful possessor of surrounding lots).
A lot may be subject to and/or together with more than one access agreement.
Once the Right of Access has been provided by a transfer or right of way document, the access will be available to the landlocked parcel in all subsequent transfers.
In cases where there is no access (road allowance, street or lane) shown on a plan, the following will be accepted in relation to the lawful possession of reserve land:
Important:
The right of access is not a personal right, rather the right of access is attached to the property and is granted in perpetuity when the land is subdivided.
A Statutory Declaration is used for signing authority, correction of spelling errors in individuals' names, issuance of new or lost evidence of title or any other problems that arise pertaining to particular parcels of land. This document must be signed by all individuals involved and by a Commissioner for taking affidavits.
A transfer is used when lawful possession is transferred from a band member(s) to another band member(s) of the same band or to the band pursuant to section 24 of the Indian Act . Only a band member or a Band may hold lawful possession.
Note:
A minor can receive an interest but cannot be a Grantor.
The transfer document must include the band name and number. Bands with delegated authority under Section 10 must attach band membership confirmation.
Note:
For those bands that control their membership under s10 of the Indian Act , Band confirmation is required.
Important:
A transfer to a member "in Trust" is not acceptable for registration.
For details on how to deal with a life interest see Transfer in a Remainderman Situation.
Note:
If there is an encumbrance, for example a mortgage, documentation that the mortgage has been discharged or assumed must be included.
If the land is held by two or more lawful possessors and held as Tenants-in-Common (undivided interest), and one of the lawful possessors transfers his/her undivided interest to the other lawful possessor(s), the remaining (s) will retain their interest with an additional interest being received. A new Evidence of Title must be issued to reflect their total interest.
When the Court Order is ordering the transfer of a property, (Section 31 of the Family Homes on Reserves and Matrimonial Interests or Rights Act ), an Application for Registration and Transfer of a Right to Possession of Reserve Land by Court Order form must be completed by the Applicant or Land Officer.
Upon the receipt of an application for transfer with attached certified copy of a death certificate or funeral director certificate, the surviving joint tenant is entitled to the land by right of survivorship. An Affidavit of Execution must accompany the Application for the Transfer of Joint Tenancy by Survivorship . Ministerial Consent is required when evidence of title are to be issued to the surviving joint tenant. If the deceased is in possession of more than one parcel of land, the application must list the land being transferred.
A new CP or CO will be issued to the surviving Joint Tenant(s).
MRP forms are not required for a transfer by survivorship.
This type of transfer is registered when a right of possession or occupation of land in a reserve passes by devise or descent to a person who is not entitled to reside on a reserve (Sale by Superintendent).
See section 50(2) of the Indian Act for details.
A Withdrawal cancels a caveat.
A Withdrawal of Notice indicates that a notice registered against a particular parcel of land is being withdrawn.
The person claiming the right or interest may at any time withdraw the Notice by registering a written " Withdrawal of Notice .
There are four types of leases that are registered in the Indian Lands Registry. A leasehold interest must have a definable time period (the term), or a time period that can be established. The Land Description must meet requirements pursuant to the Interdepartmental Agreement. Leases require Ministerial Approval.
For preparation of the instrument see Preparation of the Instrument.
If Corporate Seals are provided, an affidavit of execution is not required.
Where a person signs on behalf of a corporation he/she must either affix a corporate seal, or type/print his/her name, position and the statement "I have authority to bind the corporation" above, beneath or beside his/her signature.
Pursuant to Section 53(1) of the Indian Act land may be leased for any purpose that is specified in the designation document. The term of the lease cannot last longer than the term of the designation. This is the only type of lease that requires a designation.
Pursuant to Section 58(1)(b) the Minister may lease Reserve land in lawful possession of an Indian for:
Pursuant to Section 58(1) of the Indian Act the Minister may grant, for the benefit of the Band for whom the land was set apart, a lease for agricultural or grazing purposes.
Pursuant to Section 58(3) of the Indian Act the Minister may lease for the benefit of any Indian, on application, Reserve land that is in lawful possession of the lawful possessor. Lawful possessor consent must be provided.
Prior to registering a 58(1)(b) or 58(3) lease, ensure that the appropriate Matrimonial Real Property forms are completed and attached. See Family Homes on Reserves and Matrimonial Interests or Rights Act .
Joint Tenancy is where two or more individuals jointly hold equal undivided interest in the whole of a parcel of reserve land.
The distinguishing feature of an interest held in Joint Tenancy is that, upon the death of one Joint Tenant the deceased's interest in the land passes to the surviving Joint Tenant(s) by the right of survivorship.
Tenancy in Common is where two or more individuals hold equal or unequal undivided interest in the whole of a parcel of reserve land. Unlike Joint Tenancy, Tenancy in Common has no right of survivorship.
In cases of joint tenancy, a certified true copy of a death certificate or funeral director certificate must be registered or recorded. The surviving joint tenant is entitled to the land by right of survivorship.
Generally, a leasehold interest in a parcel of reserve or designated land can be assigned from a deceased lessee's estate to the lessee's heirs or other third parties. The documentation required depends on whether or not there was a Will, and whether or not the estate is of value.
The INAC Regional Offices and First Nations use addendum, amendment and agreement instruments interchangeably. These instruments add, amend or modify instruments. For example they could modify the term or land description of a permit, lease and sublease.
An Addendum is used when adding an additional clause to the original document. All parties must consent/approve of the change.
An Agreement is used when two parties agree to carry out a specific provision contained within a registered instrument.
An Amendment is used when modifying the content or a specific clause of an original document.
An Assignment assigns an interest in a lease, sublease, and/or mortgage to another party who agrees to perform the lessee's (Tenant's) responsibilities under the Lease. Ministerial Approval is required. For preparation of the instrument see Preparation of the Instrument.
When registering an Assignment, ensure that the appropriate Matrimonial Real Property form (s) are completed.
For solely owned corporations this form is to be completed by the owner as him or herself.
Important:
DO NOT complete this form if the person whose estate is being administered died on or before December 15, 2014.
Outstanding Encumbrance or Charge
Where an assignment is submitted for registration on which a pledge or mortgage has been registered, the instrument shall be accompanied by proof:
It is the responsibility of the parties to the transaction to search the records as to the status of the relevant parcel prior to submitting an instrument for registration.
Be Aware
When an assignment of a Locatee Lease is signed by an Administrator, confirmation of the administrator is required prior to processing the transaction.
Important:
If a death certificate is attached to an assignment and parties are not joint tenants, letters probate from the court or a lawyer's letter stating the estate is of little or no value, is required – NO exceptions.
If a death certificate is attached to an assignment and the individuals are registered as joint tenants, it is acceptable to register (surviving joint tenant).
Leasing purposes only – if assignment states: in trust, it can be registered.
An Assignment of Rents is usually associated with mortgages and leases which can be between the original lessee of land and a financial institution. It may also deal with more than one parcel. More than one assignment of rent per parcel can be registered.
An Assumption Agreement allows for the assumption of mortgages and debentures.
A Bank Assignment assigns a mortgage from one financial institution/ individual to another.
A Cancellation is used to cancel a previously registered document.
Certificates are used for the amalgamations of companies. If the document states that a schedule is attached and it is not there, registration can proceed.
Certificate of Lis Pendens is a court document which advises that there is pending litigation pertaining to a leasehold interest. A Certificate of Lis Pendens may not prevent the registration of subsequent documents.
A Court Order is a document dealing with decisions rendered by a court pertaining to a parcel of land.
The provisional federal legislation enables provincial courts to issue various orders in support of The Family Homes on Reserves and Matrimonial Interests or Rights Act (FHRMIRA). FHRMIRA does not require orders to be registered, however, once provided, officers need to register accordingly.
When a court is ordering the transfer of the property (Section 31) of the FHRMIRA, an application and a Transfer of a right to possession of reserve land by court order must be completed by the land officer or applicant.
Regional personnel must carefully assess Court Orders and consult departmental legal services as necessary.
All hard copies of Notices and Orders must be maintained by the Corporate Information Management Directorate at Indigenous and Northern Affairs Canada. Ensure that a file number and protected level are written on each document before providing to:
Attn: Manon Robitaille, Records Office, INAC
Room 1435, 10 Wellington Street, Gatineau, QC K1A 0H4
Please refer to the list of naming conventions and file number and security designations.
A Death Certificate is used to register the death of an individual.
A Default of Mortgage is a document that states that a mortgagee is in default.
A Discharge, also called a Release, is used to indicate that a borrower's financial obligation to pay a debt has been satisfied.
A fax or a photocopy of a discharge is acceptable for registration.
A Discharge of Bank Assignment is registered when a mortgage that has been assigned to a new lender has been discharged.
An Easement is a non-possessory interest in land and is accorded partial use of such land for a specific purpose.
This is an agreement that allows an individual, company or municipality the right to use the property. The agreement defines all rights and obligations and is signed by the lawful possessor.
A Judgement is a court document which outlines the court's decision.
Letters pertain to leases and assignments. A Regional Manager's signature is required. Rent review letters indicate the rent payable for a specific period of time.
A Letter of Undertaking is used to define the default remedies for mortgages.
A marriage certificate is no longer acceptable for registration. Refer to Name Change.
A Modification modifies a registered document.
The Regions and the First Nations use addendum, amendment and agreement instruments interchangeably. These instruments add, amend or modify instruments.
A Modification of Lease amends the terms and conditions of the lease.
A Mortgage is an encumbrance against a parcel of land.
An Assessment of Matrimonial Real Property and Statutory Declaration form is required for mortgages requiring Ministerial approval. The Statutory Declaration of Spouse or Common-Law Partner form may also be required. Ensure that the appropriate Matrimonial Real Property form is completed. See Family Homes on Reserves and Matrimonial Interests or Rights Act .
A Mortgage Amending Agreement modifies the original mortgage.
On application, a name change is registered to reflect a change of name of an individual or company holding a registered interest in reserve lands. Proof of the name change such as a certificate of name change or a certificate of amalgamation must accompany the application. In this situation, a certified true copy is acceptable. (See also Certificates – Instrument Code 007.)
A Notice is a document that when registered in the Indian Lands Registry System, reflects the existence of a claim or interest, whether legally valid or not, against a parcel or reserve, designated or surrendered land.
A Notice which has not been withdrawn expires three (3) years after the date upon which it was registered.
Notices of Security registered by Indian Oil and Gas Canada are not considered to have expired after 3 years; they remain in effect until IOGC receives a Notice of Discharge.
An individual may deposit a Notice with the applicable Regional Office. The person depositing the Notice must be claiming a right or interest related to reserve, designated or surrendered landsland, by virtue of one of the following reasons:
The Notice may be in a form and must contain the following information:
The registration of a Notice shall not delay, restrict nor prevent the registration of subsequent instruments affecting the same parcel of reserve, designated or surrendered land provided that the instruments meet registration requirements.
Upon the registration of a Notice in the Indian Lands Registry System, the Registrar is not responsible for notifying the person(s) affected by the claim, but rather, as noted in Due Diligence Responsibility, it is the responsibility of the parties to a transaction to satisfy themselves as to the status of the relevant parcel prior to submitting an instrument for registration.
A person against whose interest a Notice is registered may register a " Response to a Notice ".
The person claiming the right or interest may at any time withdraw the Notice by registering a " Withdrawal of a Notice ".
A Notice of Mortgage is used to identify the existence of a mortgage.
This instrument is evidence of a claim made against a sub-surface oil and gas interest. This document has a term and a purpose.
A Partial Discharge is registered when the Mortgage is seeking to discharge a portion of the loan.
A Partial Relinquishment terminates the lease, sublease and/or assignment as it pertains to one or more parcels of land which are no longer included in the lease, etc.
A Postponement gives priority of one mortgage over another mortgage.
If a borrower falls into default the mortgage that has priority will be considered secured and paid off first before the mortgage that is being postponed.
A Power of Attorney gives authority to an individual(s) to act on behalf of another individual. It can be registered separately or attached as a supporting document.
The execution of a power of attorney must be witnessed in the same manner as required in Proof of Execution - Affidavit of Execution, and the Proof of Execution (signing) of a power of attorney shall be proven by a statutory declaration of the agent.
To be registrable in the ILRS , an instrument signed under a Power of Attorney must:
A revocation of a Power of Attorney is registered in the IRLS by using Instrument Code 024 – Revocation.
A Registrar's Note records any fact which is not covered by a registered document and provides useful information that would otherwise be omitted from the register. A Registrar's Note is reflected on the ILRS without a registration number.
Reference should be included to provide clarification of the purpose of the entry.
Another purpose of this document is to capture important historical information on the Reserve General. In most cases the information is taken from the manual records.
A Release can be registered to release a Certificate of Lis Pendens, Judgements, Writ of Summons, Caveats, etc.
A Relinquishment is registered when an individual is renouncing their interest in a lease, sub-lease, etc.
A Response to Notice allows an individual to respond to a notice.
A Right of Way Agreement only pertains to Indian Oil and Gas documents. With the approval of the Band Council it allows for the use and occupancy of Indian lands for operations related to exploitation of oil and gas.
When there is access over land held by lawful possessors, a witnessed Right-of-Way Agreement is required providing for access in perpetuity, signed by all adjoining interest holders over whose land the access is being provided agreeing to the access, and its approximate location described textually along with a sketch showing the access marked in bold based on the current plan(s) defining the adjoining interests.
A Statutory Declaration is used for signing authority, correction of spelling errors in individuals' names or any other problems that arise pertaining to particular parcels of land. This document must be signed by all individuals and by a Commissioner for taking affidavits.
A Sublease/Sub-Sublease is registered in the same manner as a Lease (Head Lease). For preparation of the instrument see Preparation of the Instrument.
A sublease can be for the whole of the land or a portion of the land that was leased. There can be many subleases derived from a lease. There can be many sub-subleases derived from a sublease.
The sublease must expire at least one day prior to the head Lease expiry date. The sub-sublease may expire on the same day as the sublease or earlier.
If the Head Lease is issued against an individual land holding, the lawful processor does not have to consent to the sublease.
Depending on the provision within the head lease, more than one consent may be required.
A Withdrawal of Notice indicates that a notice registered against a particular parcel of land is being withdrawn.
The person claiming the right or interest may at any time withdraw the Notice by registering a written " Withdrawal of Notice ".
A Writ of Execution notifies of a writ of seizure and sale of a particular parcel of land.
A Permit allows for a limited right to use and occupy reserve land granted to a third party.
For all permits, check the Requirements for a Legal Land Description in the Survey chapter before completing an application.
Permits are issued pursuant to Section 28(2) of the Indian Act for non-exclusive rights such as agriculture and grazing.
Permits issued pursuant to section 58(4) of the Indian Act are used for specific uses such as the removal of sand, gravel, clay and other non-metallic substances or the disposal of wild grass or dead or fallen timber. (See Section 58(4) of the Indian Act and the Land Management Manual for additional information.)
Timber Permits must expire on April 30 in the year that follows the year in which the licence was granted unless otherwise specified. (See Indian Timber Regulations – Section 11 Renewals, in the annotated Indian Act .)
A Permit for scaling, sorting and storing logs is not considered a Timber Permit.
For Waste Disposal Permits, see Waste Disposal Regulations Sec 5(a), (b) and (c) of the Indian Act . If it is a Section 5(a) permit the First Nation Council must set aside the land under Section 18(2) of the Indian Act . A renewal of a waste disposal permits is acceptable for registration in the ILRS .
These permits are registered when the land was originally Provincial land and a permit was issued to a utility company prior to the land being transferred to Reserve status.
An Addendum is used when adding an additional clause to the original document. Original parties must consent/approve of the change. A BCR should accompany the Addendum.
Important:
To register an amendment to a Permit a BCR must be attached.
The ability to assign a subsection 28(2) permit must be considered on a case by case basis taking into consideration the circumstances and nature of the interest being granted.
Refer to the Land Management Manual.
A BCR can be used to authorize an extension of a permit.
A Cancellation is used to cancel a previously registered permit and requires Ministerial Approval (Regional Offices).
A Modification modifies a registered permit.
On application, a name change is registered to reflect a change of name of a Permittee (company or individual) holding a registered interest in reserve lands. Proof of the name change such as a certificate of name change or a certificate of amalgamation must accompany the application. In this situation, a certified true copy is acceptable.
A Notice is a document that when registered in the Indian Lands Registry System, reflects the existence of a claim or interest, whether legally valid or not, against a parcel or reserve, designated or surrendered land.
A Notice which has not been withdrawn expires three (3) years after the date upon which it was registered.
This instrument is evidence of a claim made against a sub-surface oil and gas interest. This document has a term and a purpose.
A Relinquishment is registered when an individual is renouncing their interest in a permit.
The Registrar of Indian Lands ("the Registrar") is the officer of the Department responsible for the registers created according to Sections 21 and 55 of the Indian Act .
Ron Heale, A/Land Registrar
Les Terrasses de la Chaudière 17th Floor
10 Wellington Street
Gatineau (Quebec) K1A OH4
Phone Number (613) 614-3122
Fax Number (819) 997-6882
Email: Ron.Heale@aandc-aadnc.gc.ca
Loretta Roy – Deputy Lands Registrar
Les Terrasses de la Chaudière 17th Floor
10 Wellington Street
Gatineau (Quebec) K1A OH4
Phone Number (819) 210-2780
Fax Number (819) 997-6882
Email: Loretta.Roy@aandc-aadnc.gc.ca
Tom Hopkins, Lands Information Management Officer
Les Terrasses de la Chaudière 17th Floor
10 Wellington Street
Gatineau (Quebec) K1A OH4
Phone Number (819) 743-0943
Fax Number (819) 997-6882
Email: Tom.Hopkins@aandc-aadnc.gc.ca
Lorraine Andrews, Lands Research Analyst
Les Terrasses de la Chaudière 17th Floor
10 Wellington Street
Gatineau (Quebec) K1A OH4
Phone number (819) 635-6523
Fax Number (819) 997-6882
Email: Lorraine.Andrews@aadnc-aandc.gc.ca
Region | Contact Information |
---|---|
Alberta | 630 Canada Pl, 9700 Jasper Avenue Edmonton, Alberta T5J 4G2 Email: AANDC.LandRegistryAB-RegistredesTerresAB.AADNC@aandc-aadnc.gc.ca |
Atlantic | P.O. Box 160 40 Havelock Street Amherst, Nova Scotia B4H 3Z3 Phone 902-661-6200 - 1-800-567-9604 Fax 902-661-6237 Email: AANDC.ATLands-TerreAT.AADNC@aandc-aadnc.gc.ca |
British Columbia | 1138 Melville Street, Suite 600 Vancouver, B.C. V6E 4S3 Phone 604-775-5100 – 1-800-567-9604 Fax 604-775-7149 – 1-866-817-3977 TTY: 1-866-553-0554 Email: AANDC.BCLRSSearchRequest-CBRTDemandedeRecherche.AADNC@aandc-aadnc.gc.ca |
Manitoba | 365 Hargrave Street, Room 200 Winnipeg, Manitoba R3B 3A3 Phone 1-800-567-9604 Fax 1-866-817-3977 Email: MBLandReg@aandc-aadnc.gc.ca |
Northwest Territories | P.O. Box 1500 3rd Floor, Gallery Building Yellowknife, NT X1A 3Z4 Phone 867-669-2611 Fax 867-669-2408 Email: GRT-RLM@aandc.gc.ca |
Ontario (Brantford) | 58 Dalhousie Street, 3rd Floor P.O. Box 1960 Brantford, Ontario N3T 5W5 Phone 519-751-2220 - 1-800-567-9604 Fax 519-751-2666 - 1-866-817-3977 TTY 1-866-553-0554 Email: ONBBClandreg@aadnc-aandc.gc.ca |
Ontario (Sudbury) | 40 Elm Street, Suite 290 Rainbow Centre - 2nd Floor Sudbury, Ontario P3C 1S8 Phone 705-522-5100 - 1-800-567-9604 Fax 705-677-7976 - 1-866-817-3977 Email: ONSBClandreg@aandc-aadnc.gc.ca |
Ontario (Thunder Bay) | 100 Anemki Drive, Suite 101 Thunder Bay, ON P7J 1A5 Phone 807-623-3534 - 1-800-567-9604 Fax 807-623-3536 - 1-866-817-3977 TTY 1-866-553-0554 Email: ONTBAYBClandreg@aandc-aadnc.gc.ca |
Quebec | Édifice CSQ Building 320 St. Joseph Street East, Room 400 Quebec, QC G1K 9J2 Phone 1-800-567-9604 Fax 1-866-817-3977 Email: AADNC.QcRegistreTerres-LandRegistryQC.AANDC@AADNC-AANDC.gc.ca |
Saskatchewan (South and Central) | 1827 Albert Street Regina, SK S4P 2S9 Phone 306-780-6486 Fax 306-780-6128 Email: SKLandRegistry@aandc-aadnc.gc.ca |
Saskatchewan (North) | 110 - 3601 5th Avenue East Prince Albert, SK S6W 0A2 Phone 306-953-8632 Fax 306-953-8671 Email: SKLandRegistry@aandc-aadnc.gc.ca |
Yukon | 415C - 300 Main Street Whitehorse, YT Y1A 2B5 Phone 867-667-3801 Fax 867-667-3801 Email: YukonLandsRegistry@aandc-aadnc.gc.ca |
Important:
These definitions are not intended to be comprehensive legal interpretations. Where an understanding of the full legal impact of any of the terms is required, appropriate legal advice ought to be obtained.
Term | Definition |
---|---|
53/60 | Refers to Sections 53 and 60 of the Indian Act whereby a Band/First Nation may obtain delegated authority from the Minister of Indigenous and Northern Affairs and/or the Governor in Council respectively to manage or lease Designated lands and/or exercise control and management over reserve lands occupied by the Band/First Nation on behalf of the Minister of Indigenous and Northern Affairs. |
Term | Definition |
---|---|
Abstract | A summary in sequence of the documents, facts and events evidencing or affecting the nature of a person's title or interest in a given tract of land. |
Access | The way or means to approach, to enter and to leave a privately owned tract of land from a public way without trespassing on other privately owned property. |
Active PIN | The Parcel Identification Number (PIN) is a computer generated identification number assigned to every parcel of reserve land. |
Ad litem | See "Guardian ad litem". |
Administrative Plan | A plan of public lands prepared pursuant to Section 31 of the Canada Lands Surveys Act by the Surveyor General for administrative purposes. These plans include "Registration Plans" and need not be confirmed under Section 29 of the Act. |
Affidavit Of Execution | A written statement, sworn before a person having authority to administer an oath, by a person having witnessed a document testifying to the document having been signed by the parties thereof. |
Allotment | The process by which an individual Band/First Nation member receives lawful possession of reserve land from the Band/First Nation Council. |
Applicant | The person who applies to have a document registered in the ILRS . |
Application for Registration | Applications for registration can be initiated through the Indian Lands Registry System (ILRS). |
Assignment | An instrument used to assign an interest to another party, for instance in a Lease, Sublease, or Mortgage. An assignment entails the full transfer of a lessee's interest in a lease to a third party, known as the assignee. The assignee in effect "steps into the shoes" of the lessee, and agrees to perform the lessee's responsibilities under the lease. An assignment generally does not relieve the original lessee from his or her obligations under a lease |
Term | Definition |
---|---|
Band/First Nation | A group of Indians for whom a reserve has been set aside on or after September 4, 1951, or for whose benefit moneys are held by the federal Crown, or which is declared by the Governor in Council to be a Band for the purposes of the Indian Act . The term is used interchangeably with the term "First Nation, although the term "First Nation" is not defined under the Indian Act . |
Band Council Resolution (BCR) | A record of a council decision made by a quorum of the councilors of a Band at a meeting of the council duly convened. |
BCR Allotment | This refers to the process by which an individual Band/First Nation member receives lawful possession of reserve land from the Band/First Nation Council. Historically, individuals received their lawful possession through a BCR. |
Term | Definition |
---|---|
Canada Lands Survey Records (CLSR) | See "Official Plan". |
Cardex Holding | A historical individual interest in reserve land created by Band Council Resolution and approved by the Minister under Section 20(1) of the Indian Act . The legal land descriptions associated with Cardex Holdings were vague and often inaccurate. The interest of the holder of a Cardex holding is considered lawful possession under the Indian Act , however, no evidence of title is issued (NETI) until the land is surveyed. |
Caveat | See "Notice". |
Certificate of Occupation (CO) | Documentary evidence of a Band/First Nation member's right to temporary possession of reserve lands described therein pursuant to the Indian Act . It may be replaced by a certificate of possession subject to the fulfillment of certain conditions. |
Certificate of Possession (CP) | Documentary evidence of a Band/First Nation member's right to lawful possession of reserve lands described therein pursuant to the Indian Act . |
Certificate of Right to Use and Occupy (CRUO) | See "Notice of Right to Use and Occupy". |
Certified True Copy | A copy of a filed document, legal or other, in its entirety that is sworn to be a true copy by the holder of the original. |
Claims Implementation Legislation | Claims Implementation Legislation means the Manitoba Claim Settlements Implementation Act , S.C. 2000, c. 33 and the Claim Settlements (Alberta and Saskatchewan) Implementation Act , S.C., 2002, c.3. |
CLSR Plan (Canada Lands Survey Records) | See "Official Plan". |
CLSR | Canada Lands Survey Records, see "Official Plan". |
CO | See "Certificate of Occupation". |
Compiled Plan | A Compiled Plan is a plan prepared entirely from information found on plans and field notes recorded in the Canada Lands Surveys Records, and is not based upon any new field survey. |
Consideration | The price or subject matter that induces a contract, must be in money, and must be at least one dollar ($1.00). |
Copy | A photocopy of a document; it is not acceptable for registration. |
CP | See "Certificate of Possession". |
Crown Lands | Lands owned by Crown Canada. These lands include settlements and lands set aside for Band/First Nation housing which have not been set apart as reserve lands. |
Crown Land Register | This Register consists of instruments relating to lands; title to which is vested in the Federal Crown. These lands have been set aside for the Band but have not been set apart as reserve lands. |
CRUO | Certificate of Right to Use and Occupy. See "Notice of Right to Use and Occupy". |
Term | Definition |
---|---|
Designation | The means by which a Band/First Nation relinquishes less than its entire interest (in all or part) of its reserve to the federal Crown for a specified purpose and period of time. The land retains both the underlying Indian interest and its reserve status. "Designation" means the conditional or unconditional surrender that is not absolute by a First Nation to Her Majesty of any right or interest of the First Nation and its members in all or part of a reserve, for the purpose of the reserve land being leased or a right of interest therein being granted as permitted under subsection 38(2) of the Indian Act , subsection 12.(2) of the Manitoba Claim Settlements Implementation Act and subsection 6.(2) of the Claim Settlements (Alberta and Saskatchewan) Implementation Act . |
Term | Definition |
---|---|
Easement | A non-possessing interest held by one party in land of another whereby the first party is accorded partial use of such land for a specific purpose. An Easement restricts but does not abridge the rights of the fee owner to the use and enjoyment of his land. |
Effective Date | The commencement date of the term of an instrument. |
Encumbrance | An interest or right in real property which diminishes the value of the fee, but does not prevent conveyance of the fee by the owner. Mortgages, taxes, judgements are encumbrances known as liens. Restrictions, Easements, reservations are encumbrances, though not liens. |
EOT | See "Evidence Of Title". |
EPM | East of the Principal Meridian. |
Evidence of Title (EOT) | Refers to documentary proof of a Band/First Nation member's right to use and occupy reserve lands pursuant to the Indian Act . |
Exclusive Use Parcel | Exclusive Use Parcel is a closed polygon of land, with a unique descriptor, used or intended to be used to describe the extent and location of an Exclusive Use Interest in the land. Generally, these parcels are shown on a Plan of Survey. |
Expiry Date | The termination of the term of an instrument. |
Explanatory Plan | An Explanatory Plan is a plan prepared from information found on plans and field notes recorded in the Canada Lands Survey Records (CLSR), and is not based upon any new field survey. An Explanatory Plan may show new boundaries for proposed non-exclusive use interests such as for permit areas, access right of ways, and for designation votes. |
Extinct Reserve | Lands which are no longer set apart for a specific Band or First Nation as a result of the surrender for sale of the reserve by the Band; the enfranchisement of all Band members; the death of the last surviving Band member(s), and no heirs have been identified; or the amalgamation of the First Nation with another Band, such that the status of the former Band and any corresponding reserve(s) cease to exist. |
Term | Definition |
---|---|
Facsimile | An accurate reproduction of a document or record and includes a print from microfilm or a printed copy generated by or produced from a computer record. |
Field Survey | In its general sense, the determination of the position of points permanently or temporarily marked on the ground including the keeping of records of all measurements used in the determination. The term "survey" often means "legal survey", a survey made to define boundaries of parcels of land suitable for the transfer of rights. It includes the preparation of field notes and plans and any examination, approval or confirmation that may be required. |
First Nation (FN) | Term used interchangeably with the term "Band" which is defined under the Indian Act , although the term "First Nation" is not defined under the Indian Act . |
First Nations Land Management Act (FNLMA) | An Act that allows First Nations to opt out of the land tenure provisions of the Indian Act , and, in its place, to substitute their own land management codes to manage reserve lands and resources. |
FN | See "First Nation". |
Former PIN | The Former PIN is the PIN from which a newly created PIN was generated. The Former PIN may also be the Root PIN . |
Forward PIN | The Forward PIN is created from either a Former PIN or a Root PIN as a result of a subdivision, amalgamation or resurvey. |
Forwarded Date | The date that an instrument is entered and submitted to the Indian Lands Registry for registration. |
FRPA | Federal Real Property Act . |
Term | Definition |
---|---|
Grantee | The person, corporation, partnership or other entity acquiring the interest. |
Grantor | The person, corporation, partnership or other entity from who the interest is be acquired. |
Guardian ad litem | A guardian appointed by the court to represent the interests of a minor or incompetent person in legal actions. |
Term | Definition |
---|---|
Historical Band Name | Refers to the former name of a Band/First Nation. |
Historical Reserve Name | Refers to the former name of a reserve. |
Term | Definition |
---|---|
INAC | Indigenous and Northern Affairs Canada. |
Indian Lands Registry System (ILRS) | The ILRS is a repository of documentation and does not purport to guarantee title or accuracy of documentation filed therein. It is guided by a set of interacting procedures designed to govern the registration of rights or interests in reserve lands. |
Indian Oil and Gas Canada (IOGC) | A special operating agency within the Lands and Economic Development Sector of the Department of Indigenous and Northern Affairs Canada responsible for administering and managing First Nations' oil and gas interests on reserve pursuant to the Indian Oil and Gas Act and the Indian Oil and Gas Regulations. |
Indian Oil and Gas Number | The Indian Oil and Gas Canada Number refers to the number pertaining to instruments such as leases, permits and right of way agreements affecting surface and sub-surface reserve land. This field within the ILRS allows users to enter and search specific alpha-numeric identifiers assigned to instruments submitted by IOGC. For example, surface leases are identified as OS-1111, rights of way as R/W-1111, sub-surface leases as OL-1111, sub-surface permits as OP-1111. |
Individual Land Holding | Created when a parcel of reserve land is allotted by a Band/First Nation Council to a member of that Band/First Nation. |
Instrument | A formal legal document dealing with transactions relating to interests in Indian land; the document specifies the type of transaction, the parcel of land, the parties to the transaction, and any legal details and specifications. |
Instrument Date | The date the instrument was signed. |
IOGC | See "Indian Oil and Gas Canada". |
Term | Definition |
---|---|
Joint Tenancy | Joint Tenancy is a form of ownership by two or more persons of the same property. The individuals, who are called joint tenants, share equal ownership of the property and have the equal, undivided right to keep or dispose of the property. Joint Tenancy does not apply to reserves in the Province of Quebec with the exception of Akwesasne Indian Reserve No. 15. |
Term | Definition |
---|---|
Land Affected | The legal land description contained in an instrument. |
Land Status Report | Land Status Report is a report that contains all the pertinent information regarding the encumbrances and/or interests on a particular parcel of reserve land. The report contains information from the Indian Land Registry, if available, and appropriate departmental files. The report identifies existing registered interests such as leases, permits, easements, Certificates of Possession, or potential encumbrances such as cardex holdings or designations. |
Land Use Area (LUA) | An outlined area on a photo map for certain types of land transactions such as agricultural or grazing permits. |
Land Use Area Plan | A graphical depiction of the extent of certain interests in Indian Lands. Land Use Area plans may be used as the basis of a "textual reference" as defined in the Interdepartmental Agreement of 2003 between the Department of Indigenous and Northern Affairs, and Natural Resources Canada (NRCan) respecting land transactions on Reserve Lands. |
Lawful Possessor | A Band/First Nation member who has been allotted the right to use and occupy a parcel or parcels of reserve land pursuant to the Indian Act . An active Lawful Possessor is the current possessor, while an inactive Lawful Possessor is the former possessor. |
LED | Lands and Economic Development |
Legal Land Description | A description by which property can be definitely located by reference to surveys or approved recorded plans within a system set up by law or approved by law. |
Legal Subdivision (LSD) | The smallest defined unit of land in the Dominion Lands Township System used in the Provinces of Manitoba, Saskatchewan, Alberta and British Columbia, being a quarter of a quarter section (about 40 acres). There are 16 legal subdivisions in a section. |
Letters Patent | An instrument issued by a government to the patentee, granting or confirming a right to the exclusive possession and enjoyment of land. |
Licence | A personal privilege to do some act on the land of another. |
Life interest | A life interest exists when a Band member has a CP on reserve land, and another person (normally a family member) is granted the right to use and occupy the land and live in the house. The life interest lasts as long as the person with the life interest is living or has not relinquished the life interest. |
Locatee | The person entitled to the use and occupation of a parcel of reserve land duly allotted to that person, (a.k.a. the lawful possessor). |
Location Sketch (LS) | A measure that was used for expedience for registration to identify individual land holding interests pending completion of a survey plan. Location Sketches replaced LTS sketches when Location Tickets became obsolete in 1951. |
Location Ticket (LT) | The form of evidence of title that was issued until September 4, 1951 under the Indian Act of 1880 for lawful possession of reserve lands by a Band/First Nation member. A Certificate of Possession has replaced this form. |
Location Ticket Sketch (LTS) | A measure that was used for expedience for registration to identify individual land holding interests pending completion of a survey plan. LS sketches replaced LTS sketches when Location Tickets became obsolete in 1951. |
Lot | A piece of land, regardless of size or ownership. |
LS | See "Location Sketch". |
LSD | See "Legal Subdivision". |
LT | See "Location Ticket". |
LTS | See "Location Ticket Sketch". |
LUA | See "Land Use Area". |
Term | Definition |
---|---|
Metes and Bounds | A method of describing the perimeter of a tract of land using both measurements (length and direction of each limit) and natural or artificial boundaries. |
Minister | "Minister" means, the Minister of Indigenous and Northern Affairs |
Term | Definition |
---|---|
NE | See "Notice of Entitlement". |
No Evidence of Title Issued (NETI) | A situation where a Band/First Nation member has lawful possession of reserve lands pursuant to the Indian Act but evidence of title was not issued. The lawful possessor, when abstracted as having title does have lawful possession of the subject property, it was simply that the transaction granting possession was administratively deficient or the lawful possessor receiving the interest was deceased or immediately transferring their right of possession onto another Band member, and therefore a Certificate of Possession was not issued. |
Notice | A document, registered in the Indian Lands Registry System, that reflects the existence of a claim or interest, whether legally valid or not, against a parcel or reserve, designated or surrendered land. |
Notice of Entitlement (NE) | Documentary evidence of a Band/First Nation member's right to lawful possession of reserve lands which have not been officially surveyed. |
Notice of Right to Use and Occupy (NRUO) | A form (no longer used) provided by the Registrar of Lands to a lending agency, such as the Farm Credit Corporation, on their request for evidence that an individual Band/First Nation member who is not in lawful possession of a parcel of reserve land has assured rights of occupation in a parcel of reserve land for a term equal to, or exceeding the term of a proposed loan to that Band/First Nation member. |
Term | Definition |
---|---|
OCPC | See "Order in Council on the advice of the Privy Council". |
Official Plan | An Official Plan refers to a survey plan which is confirmed pursuant to Section 29 of the Canada Lands Surveys Act (CLSA). As a general rule, Official Plans will be used for the survey of jurisdictional boundaries of Reserve lands or parcels which will create a jurisdictional boundary once a land transaction has been completed. |
OKA Letter (OKA) | A letter issued to a member of the Mohawks of Kanesatake First Nation informing the member that his/her rights and interests in Kanesatake Lands have been recorded in the Indian Lands Registry System. |
Order in Council on the advice of the Privy Council (OCPC) | An Order made by the Governor General in Council on behalf of Her Majesty the Queen on the advice of the Privy Council, either under statute or by royal prerogative. |
Term | Definition |
---|---|
Quarter Section | A parcel of land ( e.g. , SW1/4, SE1/4, NW1/4 or NE1/4) in the Dominion Lands Township System used in the Provinces of Manitoba, Saskatchewan, Alberta and British Columbia that contains approximately 160 acres. |
Term | Definition |
---|---|
Range (RGE) | In the Dominion Lands Township System used in the Provinces of Manitoba, Saskatchewan, Alberta and British Columbia, townships are numbered in ranges east or west of the Principal Meridian (WPM), and west from the Second (W2M), Third (W3M) and other meridians that are established. |
Received Date | The date that an instrument was received for registration in the Regional Office. |
Register | A book or system of public records of land transactions identifying possessory entitlement, and encumbrances relating to identified parcels of land. |
Registrar of Indian Lands | The person whose function is to keep a register and who is entrusted with the custody of public documents. |
Registration | The process of inserting into the record the various transactions and supporting documentation affecting a given parcel of land. The registration of transactions gives public notice regarding the nature of an interest on land; and enables persons interested in a property to determine the rights of all parties with an interest in that particular property. |
Registration Date | The date of registration of an instrument in the Indian Lands Registry System. |
Registration Number | The number assigned to an instrument registered in the Indian Lands Registry System. |
Registration Plan | A Registration Plan is a type of administrative plan. It is a graphical description of the boundaries of land prepared from information contained in existing documents, field notes of survey, controlled aerial photographs or maps and from information found in land transaction documents, and approved by the Surveyor General pursuant to Section 31 of the Canada Lands Surveys Act . With the adoption of National Standards for the Survey of Canada Lands, no new Registration Plans are being produced: either a Plan of Survey (based upon a full field survey) or an Explanatory Plan (not based upon a field survey) is being used. |
Remainderman | A Remainderman situation exists where an FN member transfers or the estate of a deceased FN member effects a transfer of lawful possession of his/her lands (and house) to another FN member, and provides that another specified FN member has a right to occupy the house and land so long as this latter FN member lives (life interest). The transferee becomes the Remainderman. |
Reserve | A tract of land, the legal title to which is vested in Her Majesty that has been set apart for the use and benefit of a Band/First Nation. |
Reserve General Abstract | The Reserve General Abstract contains particulars which relate to the establishment of a reserve, transactions such as a surrender or designation of reserve land and other transactions that affect the reserve as a whole. |
Reserve Land Register | The Reserve Lands Register (established pursuant to Section 21) records instruments respecting lands which are allotted to individual band members under Section 20 of the Indian Act (Lawful Possessors) as well as other transactions relating to those individual land holdings. |
Retired PIN | A retired PIN is a PIN for which all of the land referred to by the PIN has been either subdivided or amalgamated. A retired PIN is identified by the letter "R". |
Revocation | An instrument used to nullify all or part of an Order in Council. |
RGE | See "Range". |
Right-of-way | A corridor or similar area of land, over which people, vehicles or other things such as pipelines and powerlines have a right to cross. A right-of-way may be owned as a limited interest in land, such as an easement, or it may be owned in fee simple or administered and controlled by exclusive use, such as a road. |
Root PIN | A Root Pin is the first PIN created for a specific parcel of land. The beginning of the chain of title will be found on the Root Pin. A Root Pin is active until subdivided or amalgamated at which point it is retired. |
Term | Definition |
---|---|
Section (SEC) | The primary division of the Township, a land area measure that contains about 640 acres; in the Dominion Lands Township System, it is used in the Provinces of Manitoba, Saskatchewan, Alberta and British Columbia. |
Settlement | A locality, often on Provincial Crown lands, where the resident population is predominately aboriginal, sometimes comprising members of a First Nation or various First Nations, non-status Indians, or Métis. A settlement is not an Indian reserve and has no statutory basis under the Indian Act . |
Submitter | An individual who sends instruments for registration to the Applicant. |
Sub-PIN | A Sub-PIN is a PIN (Parcel Identification Number) which accommodates the recording of subleases. A Sub- PIN forms part of another active PIN for which an individual land holding or a lease is the primary interest. |
Subsurface Reserve | Contains oil and gas instruments pertaining only to the subsurface of a reserve. |
Surrender | The process prescribed by the Indian Act that allows for the disposal of reserve lands to non-Indians and results in the extinguishment of the Indian interest in the lands. "Surrender" means the release, either absolutely or not and either conditionally or unconditionally by a First Nation and its members in all or part of a reserve as provided for in subsection 38(1) of the Indian Act . |
Surrendered and Designated Lands Register | The Surrendered and Designated Lands Register (established by Section 55 of the Indian Act ) records particulars in connection with any transaction affecting lands which are wholly possessed by a Band and absolutely surrendered or designated under the Indian Act . |
Surrendered Lands | A reserve or part of a reserve or any interest therein, the legal title to which remains vested in Her Majesty, that has been released or Surrendered by the Band for whose use and benefit it was set apart. ( Indian Act ). |
Term | Definition |
---|---|
Tenancy in Common | Tenancy in common is a form of concurrent ownership that can be created by deed, Will or operation of law. Several features distinguish it from joint tenancy. A tenant in common may have a larger share of property than the other tenants. The tenant is also free to dispose of his or her share without the restrictive conditions place on a joint tenancy. Unlike joint tenancy, tenancy in common has no right of survivorship. Thus, no other tenant in common is entitled to receive a share of the property upon a tenant in common's death; instead, the property goes to the deceased's heirs. |
Term | A period of time with an effective date and/or an expiry date. |
Textual Description | Textual Descriptions are prepared without survey instructions, are not based upon a field survey, and are not recorded in the CLSR . Textual Descriptions are suitable only for the description of limited and short term interests. |
Township (TWP) | The basic unit of the Dominion Lands Township System used in the Provinces of Manitoba, Saskatchewan, Alberta and British Columbia containing 36 sections. |
Transfer | The process which allows a lawful possessory (locatee) to give his or her lawful possession of reserve land to another member of the First Nation, or Band, under section 24 of the Indian Act . |
Term | Definition |
---|---|
Undivided Interest | An ownership right to use and possession of a property that is shared among co-owners, with no one co-owner having exclusive rights to any portion of the property. |
Term | Definition |
---|---|
W2M | West from the Second Meridian. |
Will | The legal statement concerning the disposition of one's property after death; the document containing such wishes |
WPM | West of the Principal Meridian. |
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