1.

An instrument may be submitted by:

1. The person transferring, receiving or claiming the interest (“the applicant”);
2. the applicant’s solicitor;
3. the applicant’s agent;
4. an employee of the Department of Indian Affairs and Northern Development;
5. a First Nation that has delegated authority to approve the document under the Indian Act or any Indian self-government act.

2.

(1)

It is the responsibility of the parties to a transaction, rather than the staff at the Indian Lands Registry, to search the records and satisfy themselves as to the status of the relevant parcel prior to submitting the instrument for registration.

(2)

An instrument submitted for registration shall:

1. be dated;
2. be legible;
3. identify each party to the instrument;
4. identify the nature of the right or interest to be registered;
5. executed in accordance with Part II of this Manual;
6. contain either a corporate seal or affidavits of attestation in regard to the witnessing of the execution (signing) of the instrument;
7. where alterations have been made to the instrument, contain the initials of each party who has executed (signed) the instrument beside each alteration, or contain other proof of agreement; changes on a BCR need only be initialled by the Chief of the First Nation;
8. provide for consideration, where applicable; and
9. contain land descriptions that meet the requirements set out in Part III of this Manual.

3.

(1)

An instrument submitted for registration by a departmental employee or a member of a First Nation who has access to the Indian Lands Registry System (ILRS), shall be accompanied by two Application for Registration forms which can be printed through the Pending File on the ILRS.

(2)

An instrument submitted for registration by a client other than a departmental employee or First Nation, the application can be in the form of a covering letter.

4.

(1)

An Application for Registration (“Application”) may be in the form attached as Appendix “B”, and it shall be completed and submitted in duplicate with the instrument to the Indian Lands Registry Office.

(2)

The Application shall contain, as it appears on the instrument submitted for registration, the following information;

1. the name(s) and, where applicable, the Band member number(s) of the grantor(s) and grantee(s);
2. the instrument type;
3. the date of execution (signing) of the instrument (if there is more than one execution date, the latest of the several execution dates);
4. if applicable, the purpose of the instrument;
5. the reserve name and number;
6. the Band name;
7. the province where the reserve is located;
8. the land description, and where the land affected by the instrument submitted for registration has been resurveyed, the application must refer to the new plan and Plan number; and
9. a list of the supporting documentation to the instrument.

(3)

The Registrar of Indian Lands may accept an instrument submitted for registration without an Application if the instrument purports to be:

1. decision of the Minister or a court order; or
2. Approved by the Minister before January 1, 1989.

(4)

A statement in an Application submitted by a person indicating that the person is the solicitor or agent of the applicant shall be, in the absence of evidence to the contrary, proof that the person is the solicitor or agent of the applicant.

5.

Where an instrument submitted for registration purports to dispose of or convey the title in all 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.

6.

Where an instrument submitted for registration purports to lease or grant an interest in all or part of a reserve, which has been designated for leasing purposes, the instrument shall be accompanied by the designation of the land certified in accordance with section 40 of the Indian Act if the designation has not previously been registered.

7.

Where the consent of the Band Council or a Band member, who is lawfully, in possession of reserve land is required under the Indian Act or other applicable legislation to approve an instrument submitted for registration, the original copy of the instrument shall be accompanied by that consent.

8.

Where the approval of the Minister or anyone else is required under the Indian Act or any other applicable legislation for an instrument submitted for registration, the instrument shall be accompanied by that approval, and the approval shall be dated and indicate the title/position of the person signing on behalf of the Minister.

9.

Where the land description contained in an instrument submitted for registration is required under Part III to be based on an Official Plan or Registration 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 of Instrument for Registration is submitted.

10.

(1)

Where an instrument submitted for registration purports to assign an interest in reserve, designated or surrendered land on which a pledge or mortgage has been registered, the instrument shall be accompanied by proof:

1. that the pledge or mortgage has been discharged;
2. that the pledge or mortgage has been assumed by the party to whom the interest is being assigned; or
3. that the pledge or mortgage will be discharged after the interest has been assigned.

(2)

Notwithstanding sub-paragraph 10(1), it is the responsibility of the parties to a transaction to search the records and satisfy themselves as to the status of the relevant parcel prior to submitting an instrument for registration.

11.

(1)

The original of an instrument shall be submitted for registration except in the circumstances set out in sub-paragraph (2).

(2)

A copy of an instrument may be submitted for registration in the following circumstances:

1. a court order, certified by the court;
2. an instrument executed prior to December 1, 1989, certified by the appropriate provincial registrar or master of titles attesting that the original is in his/her possession (any instrument after that date should be the original);
3. a death certificate, marriage certificate, name change certificate, power of attorney, will, approval or probate of will, or appointment of administrator, certified by the person who is in possession of the original;
4. a certificate of amalgamation for a corporation, certified by the approving the amalgamation; or corporation, agency or department responsible for recording and
5. an Order in Council, certified by the Clerk of the Privy Council.

12.

(1)

A “facsimile” means 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.

(2)

A facsimile of an instrument is not acceptable for registration.

(3)

A facsimile of an instrument may be used to obtain prior approval of an instrument for registration before the original of the instrument is received for registration.

13.

The Registration Officer shall examine each Instrument affecting a particular parcel of land in the order that they are received in the Indian Lands Registry Office.

14.

The Registrar of Indian Lands shall not register an instrument in any one of the following circumstances:

1. where, in the opinion of the Registrar of Indian Lands, the Instrument does not meet the requirements set out in this Manual;
2. where, in the opinion of the Registrar of Indian Lands, the information contained in an Application does not correspond with the information contained in the instrument submitted for registration;
3. where an instrument purports to grant an interest in a lot or parcel of reserve, designated or surrendered land which has no means of access, unless the instrument falls into one of the exceptions listed in sub-paragraphs 43(2) through 43(4);
4. where an instrument purports to transfer the right to possession to reserve land to any person not entitled to hold lawful possession in that reserve;
5. where an instrument relates to a subordinate interest and the primary interest upon which it depends has not been previously registered;
6. where the Registrar of Indian Lands, based on matter of record, is not satisfied that the person transferring the interest is in lawful possession of the reserve land;
7. where the applicant has not applied to register all interests that purport to affect reserve, designated or surrendered described in the instrument submitted for registration;
8. where multiple instruments are submitted for registration by an applicant, affecting the same parcel and the same interest, if one instrument is refused for registration, all instruments will be returned to the applicant to be resubmitted (see paragraph 17 of this Manual);
9. where the instrument submitted for registration, in the opinion of the Registrar, does not in whole or in part, affect or relate to an interest in reserve, designated or surrendered land; or
10. where the interest in an instrument submitted for registration is affected by or related to an outstanding encumbrance or charge, and evidence of an assumption or discharge of that outstanding encumbrance or charge has not been submitted.

15.

(1)

An instrument shall not be registered if the interest granted by the instrument overlaps or is inconsistent with a previously registered interest.

(2)

For the purposes of sub-paragraph (1), an interest shall be considered to be inconsistent with previously registered interests if:

1. the instrument is a Band Council Resolution purporting to allot reserve land and a previously registered instrument for the same reserve land indicated:
   1. that another member of the Band has lawful possession of the reserve land;
   2. that the Minister has authorized the reserve land to be used for any of the purposes specified in subsection 18(2) of the Indian Act.
   3. that the reserve land has been taken pursuant to section 35 of the Indian Act; or
   4. that the reserve land has been surrendered or designated;

2. the instrument purports to transfer lawful possession of reserve land for which a previously registered instrument for the same reserve land indicates;

   1. that the Minister has authorized the reserve land to be used for any of the purposes specified in subsection 18(2) of the Indian Act;
   2. that the reserve land has been taken pursuant to section 35 of the Indian Act; or
   3. that the reserve land has been surrendered or designated; or

3. the instrument purports to grant a leasehold interest and the Indian Lands Registry records indicate that an existing lease, registered on the same lot or parcel of reserve or designated land, has not expired.

16.

(1)

Where an instrument is accepted for registration, the Registrar of Indian lands shall register the instrument by assigning a registration number to the instrument and recording in the Day book and on the appropriate abstract page the following information:

1. the name of all parties to the instrument;
2. the nature of the right or interest;
3. the reserve, designated or surrendered land affected;
4. the registration number; and
5. the date of registration.

(2)

The time of registration shall be recorded in the Day Book.

(3)

The date of execution (signing) of the instrument, i.e. the “instrument date”, shall be recorded on the appropriate abstract page.

(4)

The registration number and the time and date of registration shall be recorded on the instrument and on the Application.

(5)

Where evidence of lawful possession is issued based on the instrument, the nature of the evidence of lawful possession (e.g. Certificate of Possession, Certificate of Occupation, Oka Letter) shall be recorded on the appropriate abstract page.

(6)

“NETI” (no evidence of title issued) shall be recorded on the appropriate abstract page where a subsequent transfer has been executed but not yet registered (i.e. pending) in regard to the same parcel or if the recipient of the interest is an Estate.

17.

(1)

Where an instrument is not accepted for registration, the duplicate copy of the Application, the instrument and all accompanying documentation shall be returned to the applicant with written reasons for the refusal.

(2)

All rejected instruments must be resubmitted with a new original Application in duplicate.

18.

(1)

The following instruments shall be filed when setting aside land as Indian reserve land;

1. an Order in Council;
2. Evidence of Federal Crown title (normally provincial documents); and
3. an Application for Registration in duplicate.
4. proper survey fabric as defined in Part III of this manual.

(2)

The supporting provincial documents referred to in sub-paragraph (1) b. may be:

1. annexed to the Order in Council;
2. not annexed to the Order in Council and filed as a package (i.e. one supporting provincial document with the other provincial documents annexed to it) together with an Application for Registration in duplicate; or
3. not annexed to the Order in Council and each supporting provincial document filed separately together with Applications for Registration in duplicate for each document filed.

(3)

Where the relevant parcel is not shown on a plan recorded in the Canada Lands Survey Records, the Applicant must attach to the document to be registered either a copy of a provincial survey plan in its entirety, or, in the case where the provincial survey plan is too large, a copy of the relevant portion of the provincial survey plan.

19.

(1)

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.

(2)

Sub-paragraph (1) does not apply to:

1. a Crown grant;
2. an absolute surrender of reserve lands;
3. a designation of reserve lands;
4. a Band Council Resolution;
5. a ministerial order;
6. a court order;
7. an Order in Council;
8. a certificate of death, marriage, name change or amalgamation
9. an instrument under the seal of a corporation;
10. a request for a replacement of title;
11. a Notice (see Part V of this Manual).
12. a transfer of Land by Personal Representative (Admin.Transfer).

20.

An instrument must be accompanied by an affidavit ( in the prescribed form shown as Appendix “C”) of a witness, not being a party to the instrument, attesting to the execution (signing) of the instrument by each party who appears to have executed (signed) the instrument. Affidavits of a witness are not required for instruments executed by a person on behalf of the Minister of the Department of Indian and Northern Affairs.

21.

Every affidavit necessary for the purposes of this Manual shall be executed (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.

22.

The Registrar may accept an instrument for registration where there is no proof of execution (e.g. where there is no witness) if the Registrar is satisfied as to the facts and as to the testimony, submitted by affidavit, that the signature on the instrument is that which it purports to be.

23.

The Registrar of Indian Lands 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.

24.

Where an instrument is executed by a person who may have difficulty reading 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, and an affidavit respecting the execution of the instrument must accompany the instrument to show:

1. that the contents and effect of the instrument were sufficiently made known to the person executing (signing) the instrument; and
2. that the person executing (signing) the instrument appeared to fully understand the contents of the instrument and voluntarily executed the instrument or adopted the execution of it made on his/her behalf in the manner shown on its face.

25.

(1)

On application, an abstract may be revised to reflect a change of name of any party holding a registered interest in reserve, designated or surrendered lands.

(2)

The Application shall be accompanied by proof of the name change such as a marriage certificate, a certificate of name change, or a certificate of amalgamation.

26.

(1)

An instrument submitted for registration and executed (signed) by a guardian ad litem or an agent under a power of attorney shall not be registered unless accompanied by:

1. the original appointment of the guardian ad litem or the original power of attorney; or
2. a copy of the original appointment of the guardian ad litem certified by the person who has custody of the original or a copy of the original power of attorney certified by the person who has custody of the original.

27.

The guardian ad litem or the agent under a power of attorney shall execute the instrument on behalf of the principal by signing his/her own name and by indicating the name of the principal on the instrument.

28.

The execution of a power of attorney shall be witnessed in the same manner as required under this Manual (see paragraph 20) and the proof of execution (signing) of a power of attorney shall be proven by a statutory declaration of the agent.

29.

A power of attorney filed with the Registrar of Indian lands may be revoked by registering a Notice of Revocation.

30.

Where a person signs on behalf of a corporation he/she must either:

1. affix a corporate seal; or
2. type or print his/her name, position and the statement “I have authority to bind the corporation” above, beneath or beside his/her signature.

31.

a.

“Official Plan” is a graphical description of boundaries of land prepared from field notes of a survey pursuant to section 29 of the Canada Lands Surveys Act.

b.

“Registration Plan” 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 pursuant to section 31 of the Canada Lands Surveys Act.

c.

“Textual description” is a legal description of lands, prepared under the guidelines of the Indian Lands Registration Manual and without reference to any standards or instructions from Legal Surveys Division.

32.

Attached as Appendix “D” is a copy of Chart A to Schedule A of the Framework Agreement with Natural Resources Canada dated March 11, 2004. The most up-to-date interdepartmental agreement should be consulted whenever issues arise in relation to land descriptions. The requirements for textual land descriptions are described in Appendix “L”.

33.

(1)

Reserve land which will be the subject of a surrender vote must be shown on a Registration Plan.

(2)

An Order in Council accepting the surrender may use the same land description as the one used in the surrender instrument.

(3)

An Official Plan must be completed prior to the disposition of surrendered land.

34.

(1)

Reserve land which will be the subject of a designation vote must be shown on a Registration Plan.

(2)

An Order in Council accepting the designation may use the same land description as the one used in the designation instrument.

35.

Where an instrument purports to take lands or to grant an easement over reserve or designated land under section 35 of the Indian Act, the land descriptions contained in the instrument must be based on a Registration Plan.

36.

Where an instrument purports:

1. To define the exterior (jurisdictional) boundaries of Indian reserves; or
2. To dispose of surrendered land.

The land descriptions contained in the instrument must be shown on an Official Plan.

37.

The Registrar of Indian Lands may accept an instrument for registration, based on a textual description 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.

38.

(1)

Where an instrument purports:

1. To lease or otherwise grant a right or interest in designated or surrendered land for a term of 10 years or more;
2. To lease or otherwise grant an interest, other than lawful possession in reserve land for a term of 10 years or more;
3. To take reserve land under section 18(2) of the Indian Act, for the general welfare of a First Nation;

(2)

Where lawful possession of a portion of a parcel of reserve land is being transferred and a portion is being retained, both portions must be shown on a Registration Plan.

(3)

Where an instrument purports:

1. To lease or otherwise grant a right or interest in a building unit with interest in land, or building unit only for a term of ten years or more;
2. To lease or otherwise grant a right or interest, other than lawful possession in reserve land, building unit with interest in land, or building unit only for a term of ten years or more;

39.

Where an instrument purports:

1. To lease or otherwise grant an interest in designated or surrendered land or building unit only for a term of less than ten years; or
2. To lease or otherwise grant an interest, other than lawful possession, in reserve land or building unit only for a term of less than ten years,

40.

The term of any instrument referred to in paragraphs 36, 38 and 39 includes all provisions for renewal or extension of the right or interest.

41.

In cases where it is not clear which product must be used for an instrument, the regional surveyor of each region will identify the product to be used after discussions with the Indian Lands Registry.

42.

Copies of survey products may be obtained from the Regional Surveyor, Legal Surveys Division, Department of Natural Resources, for the province in which the office of Natural Resources administering the reserves is situated. A list of regional surveyors is shown as Appendix “E” to this Manual.

43.

(1)

No interest in a lot may be registered in the Indian Lands Registry unless access has been provided. Subject to sub-paragraphs 2, 3 and 4, the extent of the access must be described textually or shown on a Registration Plan or an Official Plan of survey.

(2)

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:

1. where there is access over land held by lawful possessors, a witnessed right-of-way agreement (providing for access in perpetuity; the right of access is not a personal right, but rather the right of access attaches to the property) signed by all adjoining interest holders over whose land the access is being provided agreeing to the access, and its approximate location described textually based on the current plan(s) defining the adjoining interests;
2. where access is over Band land, a Band Council Resolution agreeing to the access and giving its approximate location;
3. subject to sub-paragraph 43(3), where new parcels are being created by the subdivision of an “existing land-locked parcel” (i.e. a parcel which was land-locked prior to January 1, 1989), all new parcels must have access to the point of entry of the original land-locked parcel, and a witnessed agreement signed by each Band member who holds an interest in any of the new parcels must be provided accepting lawful possession under these conditions; and
4. A new allotment or a subdivided interest where access is through the reserve boundary or over a body of water, a witnessed agreement signed by all affected Band members accepting lawful possession under these conditions;
5. Islands do not require an access agreement.

(3)

Transfers of lawful possession of existing land-locked parcels will be accepted without access being provided if the whole parcel is being transferred and a witnessed statement signed by all parties agreeing to accept lawful possession under these conditions is provided.

(4)

In cases where there is no access (road allowance, street or lane) shown on a plan, the following will be accepted in relation to leaseholds on reserve or designated land:

1. when access is over adjoining leaseholds, a witnessed agreement signed by all adjoining lessees over whose land the access is being provided described by a textual description based on the current plan(s) defining the adjoining leasehold interests agreeing to the access, and its approximate location;
2. when access is over Band land, a Band Council Resolution agreeing to the access and giving its approximate location; and
3. when access is through the reserve boundary or over a body of water, a statement acknowledging the land-locked situation shall be included in the lease agreement

44.

(1)

The instrument known as a Caveat will no longer be registered in the Indian Lands Registry and is replaced with the instrument known as a Notice.

(2)

Part VI of the previous Indian Lands Registration Manual issued February 1, 1990 applies only to existing instruments registered in the Indian Lands Registry as Caveats.

(3)

Part VI of the previous Indian Lands Registration Manual issued February 1, 1990 does not apply to instruments registered as Notices in the Indian Lands Registry as of the date of issuance of this Manual.

45.

The Notice may be in the form attached as Appendix “F” and shall contain:

1. The name and address of the person claiming the right or interest;
2. The nature of the right or interest claimed;
3. The grounds for the claim; and
4. The description of the parcel of reserve, designated or surrendered land.

46.

(1)

The filing of the depositor’s affidavit(s) of service, which may be in the form attached as Appendix “G”, of the Notice on the person, or those persons, who have acquired an interest in the relevant parcel of land and thereby are presently affected by the claim, shall be a condition precedent to the deposit of a Notice.

(2)

The affidavit of service shall be signed by the person who served the Notice, and it is the claimant’s responsibility to ensure that the Registrar is furnished with an affidavit of service.

47.

Any person claiming an interest related to reserve, designated or surrendered land, as opposed to a personal claim not attaching to land, by virtue of:

1. An unregistered instrument that is not capable of immediate registration;
2. The operation of law; or
3. Other evidence of a claim to an interest in reserve, designated or surrendered land, may deposit a Notice with the Registrar of Indian Lands.

48.

(1)

Where a Notice is deposited with the Indian Lands Registry, it reflects the existence of a claim or interest, whether legally valid or not, against a parcel of reserve, designated or surrendered land

(2)

A deposited Notice, which has not yet been withdrawn, shall expire a year after the date upon which it was deposited.

49.

(1)

The deposit 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 said subsequent instruments are submitted in accordance with the provisions of this Manual.

(2)

Upon the deposit of a Notice with the Indian Lands Registry, the Registrar will not be responsible for notifying the person(s) affected by the claim, but rather, as per sub-paragraph 2(1) of this Manual, it is the responsibility of the parties to the transaction to satisfy themselves as to the status of the relevant parcel prior to submitting an instrument for registration.

50.

A person against whose interest a Notice is deposited may deposit a “Response to the Notice” in the form attached as Appendix “H”.

51.

The person claiming the right or interest may at any time withdraw the Notice by depositing a written “Withdrawal of Notice”.

52.

This part has no bearing on the way in which the expressions “joint tenant” and “tenant in common” are used in regard to leases.

53.

Joint tenancy is a form of lawful possession of reserve land in which two or more Band members (a Band cannot be a joint tenant) 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, his/her interest in the land passes to the surviving joint tenant(s) by the right of survivorship. The right of survivorship takes precedence over any testamentary disposition made by a joint tenant. Therefore, even if the will of the deceased joint tenant provides that his/her lawful possession of reserve land is to pass to a certain person, his/her lawful possession of reserve land will nevertheless pass to the surviving joint tenant(s). The same principle applies if a joint tenant dies intestate (i.e. without a will). An interest held in joint tenancy cannot pass by devise or intestacy to any person or persons except the surviving joint tenant(s).

54.

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, 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 (who is a Band member rather than being the Band itself), his/her interest in the land passes to his/her estate or heirs. An interest held in tenancy in common may pass by devise or intestacy.

55.

Except for those joint tenancies already in existence, all parcels of land in the province of Quebec shall be held in tenancy in common. Therefore, the Joint Tenancy / Tenancy in Common agreement as shown in Appendix “I” should not accompany Quebec transfer documents.

56.

The manner in which two or more band members hold lawful possession of reserve land should be decided at the time they acquire the interest in the land. At that time the band members should execute an agreement as to the manner in which they want to hold the property.

57.

This agreement shall be made in the form shown as Appendix “I”.

58.

(1)

Appendix “I” for Joint Tenancy can be signed by all joint tenants and witnessed (an affidavit of witness is not required).

(2)

Subject to sub-paragraph (3) Appendix “ I” for Tenancy in Common can be signed by all new (as opposed to pre-existing) tenants in common.

(3)

If a band wishes to hold land as a tenant in common, it need not sign Appendix “I” for Tenancy in Common.

(4)

If the band members do not indicate on a transfer as to the manner in which they want to hold the property at the time the lawful possession of reserve land is acquired, the interest will be recorded as being held in tenancy in common.

(5)

Despite the tenancy in common default created by sub-paragraph (4), the Registrar of Indian Lands encourages the practice of executing Appendix “I” for Tenancy in Common and attaching it to each transfer document which creates a tenancy in common (except Quebec transfer documents) unless doing so would cause undue hardship (eg. The expense of appointing a guardian ad litem for a minor).

(6)

When transferring an undivided interest, the undivided interest must be indicated on the transfer document.

59.

(1)

Joint tenancy can be severed (i.e. changed to an interest held in tenancy in common) at any time in any of the following ways:

(Note:)

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.

(2)

This “unilateral severance” of a joint tenancy policy (described in subparagraph (1) will apply to all joint tenancies including the existing joint tenancies in the Province of Quebec (i.e. to existing joint tenancies as well as those joint tenancies created after the publication of this Manual).

60.

Where two joint tenants subdivide their parcel of land and transfer a portion of the original parcel to the band or another Band member, the joint tenancy in regard to the subdivided parcel(s) which they retain will not be severed, but rather they will continue to hold the retained parcel(s) as joint tenants.

61.

This concept of severance, applicable to a joint tenancy situation, does not apply to a tenancy in common situation.

62.

(1)

Upon the death of a joint tenant, the registration of a death certificate shall cause the Registrar of Indian Lands to record a transfer of interest from the deceased joint tenant to the surviving joint tenant(s).

(2)

Upon the receipt of a death certificate for registration as evidence of the death of a band member who was in lawful possession of reserve land as a joint tenant with one or more other band members, a new Certificate of Possession or Certificate of Occupation will be issued to the surviving joint tenant(s).

(3)

If requested in writing, a new Certificate of Possession or Certificate of Occupation 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.

63.

(1)

Where joint tenancy exists, one Certificate of Possession or Certificate of Occupation will be issued to all joint tenants.

(2)

Where tenancy in common exists, a separate Certificate of Possession or Certificate of Occupation will be issued for each lawful possessor outlining their respective fractional interest.

(3)

A request for new Evidence of Title due to land being resurveyed, if the locatees are Joint Tenants, then only 1 locatee is required to sign, if the locatees hold the land as Tenants-in-Common, then all locatees must sign the request.

64.

The Indian Lands Registry Office shall be kept open from 8:30 in the morning to 4:30 in the afternoon (Ottawa time), Monday through Friday except holidays.

65.

“Holiday” means:

1. Saturday;
2. Sunday; or
3. a day that is a holiday for civil servants as prescribed by regulations under the Public Service Act.

66.

(1)

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.

(2)

A listing of the principal officers of the Indian Lands Registry Office is attached as Appendix “J”.

67.

The following books and abstracts shall be kept in the Department:

1. an entry book, called the Day Book, in which the Indian Lands Registry staff records in chronological order by time and date of registration, each instrument registered by the Registrar;
2. a register, called the Reserve General Abstract Report, for tracts of land established as reserves in which the Indian Lands Registry staff records particulars relating to any rights or interests concerning the establishment of a reserve, transactions creating a surrender or designation of reserve land and other transactions that affect a reserve as a whole;
3. an abstract, Parcel Abstract Report in which the Indian Lands Registry staff records for lots or parcels of reserve, surrendered or designated land, any rights or interests in the lots or parcels that are registered by the Registrar;
4. a survey book, in which the Indian Lands Registry staff enters for each province, registration plans used for the description of reserve, designated or surrendered land in documents registered by the Registrar;
5. a CLSR index book, in which the Indian Lands Registry staff enters for each Indian reserve, the CLSR plans (i.e. the plans recorded in the Canada Lands Survey Records) used for the description of reserve, designated or surrendered land; and