Indian Lands Registration Manual

Table of contents

1 Introduction

1.1 About the Manual

1.1.1 Purpose of the Manual

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.

1.1.2 New Releases of the Manual

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.

1.2 The Indian Lands Registry System (ILRS)

1.2.1 Indian Lands Registry System Mandate

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.

1.2.2 Purpose of the ILRS

In summary, the purpose of the ILRS is:

  1. to fulfill the statutory requirements of the Indian Act,
  2. to record interests approved and submitted for registration on reserve lands, designated and surrendered lands, and
  3. to provide safekeeping of original instruments submitted for registration.

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:

  1. to provide access to the public of encumbrances registered against a reserve or a particular piece of reserve land;
  2. to show the historical record of registered interests in reserve land; and
  3. to display encumbrances that affect reserve land.

1.2.3 The Indian Lands Registry System

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.

1.3 Indian Lands Registry System Administration

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.

1.4 Security Advisory

1.4.1 Privacy Act Statement

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

1.4.2 Passwords – Best Practices

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.

1.4.3 Protecting and Handling Information – Best Practices

  1. Land Registry documents are to be considered Protected B until they have had a privacy review completed. If no sensitive information is contained within them, the classification can be lowered to "Unclassified".
  2. Ensure all materials, reports, documents, papers, etc. are marked with the appropriate security classification.
  3. Labels should be added to the top, right-hand corner of the document.
  4. If a co-worker or client enters your office when working with a Protected B document immediately turn over the document or cover it so the information cannot be read.
  5. When finished with a Protected B document ensure that it is stored in a secure, locked cabinet.
  6. Print out Protected B documents only when necessary. If a printout is not required, work on the document in an electronic format.
  7. When a printed Protected B document is no longer required, ensure that it is shredded in an RCMP approved type III shredder. Do not place the document in the recycle bin or trash can.
  8. When sending an electronic copy of a Protected B document through mail, ensure the document is encrypted, e.g., if the document is sent via mail on a USB key, ensure the key is, at a minimum, password protected. When possible use encrypted USB keys when sending the information. Place the key in a double sealed envelope and ensure that both a tracking number and signature are required for the package.
  9. When sending an electronic copy of a Protected B document through email, ensure the email is encrypted.

1.5 Validity of Documents

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.

1.6 Abstracts

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.

1.6.1 Reserve General 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.

1.6.2 Parcel Abstract

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.

2 Preparing Documents for Registration

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.

2.1 Types of Instruments Submitted for Registration

Any instrument may be registered that:

  1. grants or claims a right or interest in Reserve land; or
  2. transfers, encumbers or affects Reserve land, designated land or surrendered land;
  3. is submitted to the applicable INAC Regional Office in accordance with the Indian Act and this Indian Lands Registration Manual; and
  4. is in accordance with the Land Management Manual (Policy) and the Indian Act.

For a list of the Regional Offices and their contact details see Regional Office Contact Information.

2.2 Who May Submit an Instrument for Registration

An instrument may be submitted by the following:

  1. the person transferring, receiving or claiming the right or interest ("the applicant");
  2. the applicant's solicitor;
  3. the applicant's agent;
  4. an employee of Indigenous and Northern Affairs Canada; or
  5. a First Nation Land Officer.

2.3 Due Diligence Responsibility

It is the responsibility of the parties to a transaction to conduct a search of the records prior to submitting the instrument for registration.

2.4 Documents Required 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):

  1. The instrument;
  2. Application for registration;
  3. All supporting documents as required for the particular type of transaction (e.g., BCR, Access Agreement, Appointment of Administrator, Approval of Will);
  4. The Affidavit of Execution, where required;
  5. Survey information, which must include the legal land description as required (see Requirements for a Legal Land Description, and Chart A); and
  6. Matrimonial Real Property forms, if applicable.

3 Registration Application

3.1 Application for Registration Requirements

An instrument submitted for registration must be accompanied by an application for registration ("application") as described herein:

  1. An instrument submitted for registration must be accompanied by an application, which can be completed in the Indian Lands Registry System.
    • If the system is used, print a copy and mail with the documents.
    • If there is no access to the system, complete the Application for Registration form and print a copy to submit with the documents.
  2. An instrument submitted for registration can be accompanied by an application in the form of a covering letter. It must include all the items listed in the Application Form Contents.

3.2 Application for Registration

3.2.1 Application Form

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:

  1. to be a decision of the Minister,
  2. to be a court order; or
  3. to have been approved by the Minister before January 1, 1989.

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.

3.2.2 Re-Submission of a Previously Returned Instrument

All returned instruments are to be re-submitted using the same registration number.

3.2.3 Application Form Contents

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.

  1. The name(s) of the parties to the instrument.
  2. The instrument type (e.g., Permit, Lease, Transfer).
  3. The instrument date, e.g., the date of execution (signing) of the instrument.
  4. The purpose of the instrument is required when the Instrument type is a Permit, Lease, Sub-lease or Sub-Sub-lease.
  5. The legal land description.
  6. The province in which the reserve is located.
  7. The reserve name and number (e.g., Kamloops 2, Chapleau 74A, Blue Quills First Nation).
  8. The remarks section is used to capture a variety of information. For instance, the purpose of the document can be added in this section if the description of purpose is lengthy; if reference should be made to other instruments, indicate the instrument name and registration number.
  9. A list of the supporting documentation to the instrument, e.g., Band Council Resolution, Appointment of Administrator, Approval of Will.
  10. The applicant's name, phone number, e-mail.

4 The Instrument

4.1 Policy

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.

4.2 Preparation of the Instrument

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:

  1. The instrument submitted must be an original.

Exceptions:

A certified true copy can be used if:

  1. The instrument is a court order, certified by the court.
  2. The instrument is an Order in Council, certified by the Clerk of the Privy Council.
  3. The instrument is a death certificate, marriage certificate, name change certificate, power of attorney, approval or probate of Will, or appointment of administrator, certified by the person who is in possession of the original, e.g., a certified true copy.
  4. The instrument is a certificate of amalgamation for a corporation, certified by the approving officer or corporation, agency or department responsible for the issuance of the certificate.

A facsimile/copy of an instrument is not acceptable for registration (except a Discharge fax or photocopy).

  1. The instrument must show the date it was signed.
  2. The instrument must be signed/witnessed, as described in Execution of the Instrument.
  3. The instrument must identify each party to the instrument.
  4. The instrument must identify the nature of the right or interest to be registered.
  5. The instrument must contain a legal land description. If the land affected by the instrument submitted for registration has been resurveyed, the instrument must reflect the most current plan number, e.g., legal land description. Requirements for legal land descriptions are provided in Survey Plans and Legal Land Descriptions.
  6. Where applicable, the instrument must have Ministerial Approval (or Consent), as required under the Indian Act or in accordance with the terms of an instrument, such as a lease or permit. An instrument submitted for registration shall have that approval and that approval shall be dated and indicate the title/position of the person exercising delegated authority on behalf of the Minister. Ministerial Approval is provided at the applicable INAC Regional Office.
  7. Where alterations have been made to the instrument, it must contain the initials of each party who has signed the instrument beside each alteration, or contain other proof of agreement.
  8. Where applicable, provision for consideration must be specified (e.g., the dollar amount must be specified on a transfer form).
  9. Access (road allowance, street, or lane) must be addressed in any land transfer instrument. No interest in a lot (lawful possessor) may be registered in the ILRS unless access has been provided. 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. In all other situations, the extent of the access must be described textually or shown on a Registration Plan or an Official Plan and be accompanied by supporting documents as described in Access – Agreement Documents.
  10. An Assessment of Matrimonial Real Property and Statutory Declaration form is required (if applicable).

4.3 Execution of the Instrument

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:

  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. When 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.
  10. A Notice or Response to a Notice (requirements described in Notice).
  11. A transfer of Land by Personal Representative (Administrative Transfer).
  12. Affidavits of a witness are not required for signatures of the Minister's representative, a provincial government's execution or utility company.

4.3.1 Execution of Instrument for Persons with Reading Challenges

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.

4.3.2 Execution under Power of Attorney

An instrument submitted for registration and signed by an agent under a power of attorney must meet the following requirements:

  1. The instrument must be accompanied by one of the following documents:
    1. the original power of attorney; or
    2. a copy of the original power of attorney certified by the person who has custody of the original.
  2. The agent under a power of attorney must 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.
  3. 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.

4.3.3 Revocation of Power of Attorney

A power of attorney filed in the ILRS may be revoked by registering a Revocation.

5 Proof of Execution – Affidavit of Execution

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.

5.1 Swearing Affidavits

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.

5.2 Affidavit for Persons with Reading Challenges

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:

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

6 Survey Plans and Legal Land Descriptions

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.

6.1 Survey Plan Types

6.1.1 All Plans

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.

6.1.2 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 are used for the survey of jurisdictional boundaries of Reserve lands or parcels which create a jurisdictional boundary once a land transaction is complete.

6.1.3 Administrative Plan

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.

6.1.4 Registration Plan

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.

  • Example of a legal description based on a registration plan:
    Lot 91-1 RSBC 3359R
  • Example of a legal description based on an RS Plan:
    Lot 10-1 RSBC 1701

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.

6.1.5 Plan of Survey

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.

6.1.6 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 (CLSR), and is not based upon any new field survey.

6.1.7 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.

6.1.8 Plan of Building Unit(s)

A Plan of Building Unit is a plan prepared to show separate units within a constructed building.

6.1.9 Plan of Air Space Parcel(s)

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.

6.1.10 Textual Description

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:

  1. The description must clearly and unambiguously identify the land subject to the interest.
  2. If the land subject to the interest is the whole of, or a portion of a lot shown on an existing plan, then the description must refer to the plan and lot.
  3. The dimensions of the parcel of land must be mentioned in the text or be clearly shown on an attached sketch.
  4. Any sketch accompanying a textual description should preferably not exceed a maximum size of 27.94 cm x 43.18 cm (11" x 17").
    • Example of a Textual Description: Portion of the lands outlined in black on the Plan of Survey No. 3063R and attached hereto as Schedule "A"

6.2 Acquisition of NRCan Survey Products

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.

6.3 Requirements for a Legal Land Description

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:

  1. Official Plan – prepared under Section 29 of the Canada Lands Survey Act (CLSA);
  2. Administration Plan – prepared under Section 31 of the CLSA;
  3. Surveys prepared under provincial jurisdiction, and recorded in the provincial lands registry with a copy recorded in the CLSR; or
  4. Textual Description.

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.

Chart A – Guideline for Minimum Land Description Requirements
Land Transaction Purpose Minimum Description Requirement note 1, 2
I Additions to Reserve Provincial Plan recorded in CLSR
II Band Vote for Designation Explanatory Plan (Administrative Plan)
III Disposition of Reserve note 3
a) Surrender of Parcel Plan of Survey (Official Plan)
b) Highway / Right of Way Transfer note 4 Plan of Survey (Official Plan)
IV Exclusive Use
a) Allotment of land note 5 Plan of Survey (Administrative Plan)
b) Lease of land for longer than 10 years note 6 Plan of Survey (Administrative Plan)
c) Lease of building unit for longer than 10 years Plan of Building Unit(s) (Administrative Plan)
d) Lease of land for 10 years or less note 7 Explanatory Plan (Administrative Plan)
e) Lease of building unit for 10 years or less Textual Description
f) Interest in Airspace Plan of Airspace Parcel(s) (Administrative Plan)
V Non-Exclusive Use
a) Permit or License note 7 Explanatory Plan (Administrative Plan)
b) Utility Permit over unencumbered lands Textual Description
c) Utility Permit over encumbered lands Explanatory Plan (Administrative Plan)
d) Access Agreement (Access Right of Way) over Allotted or Leased lands Textual Description
e) Agricultural Permits Land Use Area Plan (Administrative Plan)

Notes:

  1. A Compiled Plan prepared under Section 2.7 of the National Standards is equivalent to a Plan of Survey prepared under Sections 2.3, 2.4, or 2.5 of the National Standards.
  2. A parcel shown on a Plan of Survey may be used in place of an Explanatory Plan.
  3. Surveys under this section, for parcels to be removed from Reserve Lands, will create a jurisdictional boundary once the lands are removed and therefore require an Official Plan under Section 29 of the CLSA.
  4. This Plan is intended for Section 35 Indian Act transfers or equivalent.
  5. This includes Section 20 Indian Act allotments, Section 24, 49 and 50 Indian Act transfers, Section 18(2) Welfare of the First Nation interests, and equivalent.
  6. "Lease" includes a head-lease or a sub-lease. The terms of the lease include any renewal or extension provisions contained in the lease.
  7. A lease, permit, or license for 10 years or less may be described by textual description if the Indian Lands Registry feels it is in the best interests of the First Nation, given the circumstances, to do so. Generally, an Explanatory Plan is required. Land Administrators should be aware that textually described parcels do not appear on the SGB parcel mapping or ERIP.
Chart A References
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.

6.4 Legal Land Description Requirements for Specific Cases

6.4.1 Boundary Surveys or Disposing of Land

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:

  1. to define the exterior (jurisdictional) boundaries of an Indian reserve; or
  2. to dispose of Surrendered land.

6.4.2 Legal Land Description for an Easement or Taking of Lands

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.

6.4.3 Legal Land Description: Surrender Vote

The legal land description for surrendered lands has specific requirements:

  1. Reserve land that will be the subject of a vote for Surrender must be shown on a Registration Plan, Explanatory Plan, or Plan of Survey.
  2. An Order in Council accepting the Surrender must use the same legal land description as the one used in the Surrender instrument.
  3. An Official Plan must be completed prior to the disposition of surrendered land.

6.4.4 Legal Land Description: Designation Vote

The legal land description for lands subject to a designation vote has specific requirements:

  1. Reserve land that will be the subject of a designation vote must be shown on a Registration Plan, Explanatory Plan, Plan of Survey or Compiled Plan of Survey.
  2. The associated Ministerial Order must use the same legal land description as the one used in the designation instrument.

6.4.5 Legal Land Description for Permit to Utilities

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.

6.4.6 Legal Land Description: Long-Term Interest and/or Lawful Possession

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:

  1. To Lease or otherwise grant a right or interest in Designated or Surrendered land for a term more than 10 years.
  2. To Lease or otherwise grant an interest, other than lawful possession, in reserve land for a term more than 10 years.
  3. To take Reserve land under Section 18(2) of the Indian Act, for the general welfare of a First Nation.

The term of the instrument includes all provisions for renewal or extension of the right or interest.

6.4.7 Legal Land Description: Transfer, Administrative Transfer

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).

6.4.8 Remainders

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:

  1. The parent parcel being subdivided is not shown on a recorded plan of survey which is based upon a full field survey;
  2. The subdivision of a parcel creates two disjointed or unconnected remainder parcels and these remainder parcels define an interest recorded in the Registry;
  3. Due to the complexity of the parcel description or the potential for conflict or conflicting claims, the Registry has placed a note on the Parcel Abstract for the parcel being subdivided indicating "Any further subdivision of the parcel will require the entire parcel to be surveyed leaving no remainder parcels."
  4. Where the remainder parcel is created by the survey of a road or other right-of-way intended as an Exclusive Use Parcel, which severs a portion of the parent parcel.

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.

6.4.9 Legal Land Description: Lease or Granting Right or Interest

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:

  • grants a right or interest in a building unit with interest in land, or building unit only, for a term more than ten years; or
  • grants a right or interest, other than lawful possession, in reserve land, building unit with interest in land, or building unit only, for a term more than ten years.

The term of the instrument includes all provisions for renewal or extension of the right or interest.

6.4.10 Legal Land Description: Short-Term Interests

The legal land descriptions contained in an instrument with short-term interests may be a textual description or Explanatory Plan where it either:

  1. grants an interest in Designated or Surrendered land or building unit only for a term of ten years or less; or
  2. grants an interest, other than lawful possession, in reserve land or building unit, only for a term of ten years or less.

The term of the instrument includes all provisions for renewal or extension of the right or interest.

7 Orders in Council/Ministerial Orders/Designations

7.1 Change of Reserve Name – Order in Council (OCPC)

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.

7.2 Designation

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.

7.3 Setting Apart Land as Indian Reserve Land

The following instruments shall be filed in the Registry when land is set apart as a Reserve:

  1. The Order in Council on the advice of Privy Council (OCPC) or Ministerial Order setting apart the land as reserve;
  2. Evidence of Federal Crown title, normally provincial documents or Federal Real Property and Federal Immovables Act (FRPFIA) documents, and may be
    1. annexed to the OCPC;
    2. not annexed to the OCPC and filed as a package (e.g., 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 OCPC and each supporting provincial document filed separately together with Applications for Registration in duplicate for each document filed.
  3. An Application in duplicate.
  4. Legal land description as defined in Requirements for a Legal Land Description.
  5. If subject to an Easement, ensure the Easement is registered (when not a replacement easement).

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.

7.4 Evidence of Absolute Surrender

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.

7.5 Ministerial Order – Instrument Code 015

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.

8 Family Homes on Reserves and Matrimonial Interests or Rights Act

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.

8.1 Objective/Overview

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.

8.2 Registration Requirements for the Following Instruments

8.2.1 Court Orders

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:

  1. listed on the Schedule of the First Nations Land Management Act;
  2. self-governing with the power to manage its reserve lands; or
  3. the Kanesatake Mohawk interim land base.

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.

8.2.2 Notice of Community-Specific Legislation

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.

8.2.3 Transfers/Administrative Transfers, Leases, Permits & Assignments

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:

  • Leases pursuant to s. 58 of the Indian Act
  • Assignments pursuant to s. 58 and s. 53(1)(b) of the Indian Act
  • Transfers pursuant to s. 24 and Administrative Transfers pursuant to s. 49 of the Indian Act
  • Permits pursuant to s. 28(2) (Lawful Possessor) of the Indian Act
  • Sub-Leases requiring Ministerial approval
  • Mortgages requiring Ministerial approval

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.

8.3 Forms

Important:
Original forms must be submitted.

8.3.1 Assessment of Matrimonial Real Property and Statutory Declaration Form

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.

8.3.2 Statutory Declaration of Spouse or Common-Law Partner Form

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.

8.3.3 Transfer of Right to possession of reserve land by court order under Family Homes on Reserves and Matrimonial Interests or Rights Act

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.

8.3.4 Statutory Declaration of Executor of a Will or an Administrator of an Estate 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:

  1. the survivor consents in writing to the proposed distribution;
  2. the period of 10 months referred to in subsection 36(1) and any extended period the court may have granted under subsection 36(2) have expired and no application has been made under subsection 36(1) within those periods; or
  3. an application made under subsection 36(1) is disposed of.

Note:
Two or more consents are required where there are both a Surviving Spouse and a Surviving Common-Law partner(s).

8.3.5 Statutory Declaration of Executor of a Will or Administrator of an Estate and Surviving Spouse or Common-Law Partner Form

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:

  1. the survivor consents in writing to the proposed distribution;
  2. the period of 10 months referred to in subsection 36(1) and any extended period the court may have granted under subsection 36(2) have expired and no application has been made under subsection 36(1) within those periods; or
  3. an application made under subsection 36(1) is disposed of.

Note:
Two or more consents are required where there are both a Surviving Spouse and a Surviving Common-Law partner(s).

8.3.6 Statutory Declaration of the Surviving Spouse or Common-Law Partner Form

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).

8.3.7 Matrimonial Real Property Forms:

9 Individual Land Holdings

9.1 Forms of Lawful Possession

9.1.1 Joint Tenancy

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.

9.1.2 Joint Tenancy Is Not Applicable in Quebec

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.

9.1.3 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.

9.1.4 Creation of a Joint Tenancy or a Tenancy in Common

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.

9.1.5 Lawful Possession Default

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

9.1.6 Issuance of Certificate of Possession or Occupation

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.

9.1.7 Severance of Joint Tenancy

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:

  1. A Joint Tenant may transfer in writing his/her interest to any other Band member or to the Band itself without being required to obtain the consent of the other Joint Tenant(s). Their undivided interest must be shown on the Transfer document or the statement that they are transferring all their interest in the land. A Joint Tenant may not transfer his/her interest to him/herself in order to sever a Joint Tenancy, as this is contrary to Section 24 of the Indian Act.

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.

  1. All Joint Tenants may enter into a written agreement to hold the interests as Tenancy in Common.
  2. All Joint Tenants may enter into a written agreement to partition their interest (divide the parcel of land into smaller parcels of land and each take one or more of the smaller parcels) and sever the Joint Tenancy. This agreement would require approval pursuant to Section 24 of the Indian Act.

9.1.8 Subdivision of a Parcel Held in Joint Tenancy

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.

9.1.9 Subdivision of Parcels Held as Tenants In Common

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.

9.1.10 Death of a Joint Tenant

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).

9.1.11 Death of a Tenant in Common – CP Land

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.

9.2 Life Interest

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.

9.2.1 Transfer criteria

The transfer criteria include the following:

  1. A life interest can only be made to a First Nation (FN) member of the same Band.
  2. A life interest is a transferable interest.
  3. If the life tenant ceases to be entitled to reside on reserve, Section 25 of the Indian Act applies.
  4. Once a life interest has been granted, transfers of lawful possession are subject to the life interest, as long as the life interest holder is alive.

9.2.2 Transfer of a Life Interest

Transfer of a Life Interest must also meet the following requirements:

  1. As a Life Interest can only be granted by and to an FN member, the Transfer must include the registered name and number of both FN members.
  2. The Transfer must include a legal land description as described in Survey Plans and Legal Land Descriptions.
  3. If the Transfer is accompanied by a separate life interest agreement it is added as a supporting document.
    The agreement may include that:
    1. the Transfer is subject to Ministerial Approval;
    2. any subsequent transfer is also subject to Ministerial Approval; and
    3. the interest terminates if the life tenant ceases to be a member of that FN.

9.2.3 Execution of Transfer of Land by a Minor

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.

9.2.4 Transfer in a Remainderman Situation

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:

  1. As a life interest can only be granted by and to a FN member, any transfer must include the registered name and number of both FN members.
  2. The transfer must include a legal description as described in Survey Plans and Legal Land Descriptions.
  3. The Transfer instrument resulting from the settling of an estate must be accompanied by both:
    1. a letter prepared by the Administrator/Executor of the estate, reflecting that the lawful possession of the Remainderman is encumbered by the life tenant's interest, and
    2. Ministerial Approval.

9.3 Instruments Relating to Individual Land Holdings

9.3.1 Administrative Transfer – Instrument Code 002

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.

Matrimonial Real Property

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.

Tenants in Common

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.

Joint Tenants – Death of One Tenant

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.

Joint Tenants – Death of Both Joint Tenants

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.

Wills

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.

Individual resides off reserve

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.

Individual resides on reserve

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.

9.3.2 Agreement – Instrument Code 033

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.

See the Joint Tenancy Agreement form, or the Tenancy in Common Agreement.

9.3.3 Assumption Agreement – Instrument Code 048

An Assumption Agreement allows for the assumption of mortgages and debentures.

9.3.4 Band Council Resolution Allotment (BCR Allotment) – Instrument Code 210

  1. BCR Allotment deals with land allotted to band members under Section 20(1) of the Indian Act. BCR Allotment is the root of the chain of title. Ministerial Approval is required which is a regional responsibility or in the case of First Nations who have delegated authority pursuant to the Indian Act (53/60), the band's responsibility. BCR Allotments usually require the creation of a new parcel. BCRs can also re-allot a parcel of land. The manner in which the land will be held should be noted on the Band Council Resolution (BCR Allotment). If silent on the instrument, the interest will be recorded as being held as Tenants in Common.

    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.

  2. BCR Allotment for Certificate of Occupation – Section 20(6) Indian Act. The BCR date is the instrument date and the Certificate of Occupation is effective for two (2) years from the date of registration. If the BCR Allotment states a specific effective date, the two year period commences from that date. The BCR has conditions which must be reflected when issuing an Evidence of Title.

    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.

    To cancel a Certificate of Occupation a BCR with Ministerial consent is required.

9.3.5 Caveat – Instrument Code 006

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).

Discharge of Caveat for Kahnawake Indian Reserve

A Discharge of a Caveat discharges a previously registered Caveat.

9.3.6 Certificate of Lis Pendens – Instrument Code 050

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.

9.3.7 Court Order – Matrimonial Real Property – Instrument Code 009

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.

9.3.8 Death Certificate – Instrument Code 076

A certified true copy of the death certificate is acceptable.

9.3.9 Debenture – Instrument Code 010

A debenture is an acknowledgment of indebtedness.

9.3.10 Discharge – Instrument Code 012

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.

9.3.11 Easement – Instrument Code 013

An Easement is a non-possessory interest in land. This accords partial use of such land for a specific purpose.

9.3.12 Easement Agreement – Code 130

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.

9.3.13 Guardian Appointment – Instrument Code 127

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.

9.3.14 Judgement – Instrument Code 049

A Judgement is a court document which outlines the court's decision.

9.3.15 Marriage Certificate – Instrument Code 078

A marriage certificate is no longer acceptable for registration. Refer to Name Change – Instrument Code 079 and Request for Evidence of Title.

9.3.16 Ministerial Order – Instrument Code 015

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.

9.3.17 Modification – Instrument Code 209

A Modification modifies a registered document.

9.3.18 Mortgage – Instrument Code 016

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)

9.3.19 Mortgage Agreement – Instrument Code 126

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.

9.3.20 Mortgage Amending Agreement – Instrument Code 119

A Mortgage Amending Agreement modifies the original mortgage.

9.3.21 Mortgage/Guarantee – Instrument Code 161

A Mortgage Guarantee is used when a First Nation Council guarantees a mortgage made by a Bank to a borrower (Lawful Possessor).

9.3.22 Name Change – Instrument Code – 079

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.

9.3.23 Notice – Instrument Code 075

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.

The Right to Deposit a Notice

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:

  1. An unregistered instrument that is not acceptable for immediate registration.
  2. The operation of law (e.g., a Court Order).
  3. Other evidence of a claim to an interest in a parcel or reserve, Designated, or Surrendered land.
Form and Content of a Notice

The Notice may be in a form and must contain the following information:

  1. The full legal name of the person claiming the right or interest.
  2. The address of the person, or their representative, claiming the right or interest.
  3. The nature of the right or interest claimed.
  4. The grounds for the claim.
  5. The description of the parcel or reserve, designated or surrendered lands.
Effect of Depositing a Notice

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.

Deposit of a Response to a Notice

A person against whose interest a Notice is registered may register a "Response to a Notice".

Withdrawal of a Notice

The person claiming the right or interest may at any time withdraw the Notice by registering a "Withdrawal of a Notice".

9.3.24 Notice of Mortgage – Instrument Code 100

A Notice of Mortgage is used to identify the existence a mortgage.

9.3.25 Partial Discharge – Instrument Code 095

A Partial Discharge is registered when the Mortgage is seeking to discharge a portion of the loan.

9.3.26 Postponement – Instrument Code 074

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.

9.3.27 Power of Attorney – Instrument Code 099

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.

Execution under Power of Attorney

To be registrable in the ILRS, an instrument signed under a Power of Attorney must:

  1. be accompanied by one of the following documents:
    1. the original Power of Attorney; or
    2. a copy of the original Power of Attorney certified by the person who has custody of the original.
  2. be executed on behalf of the principal by the person holding the Power of Attorney in his/her own name and must indicate the name of the principal on the instrument.
Revocation of Power of Attorney

A revocation of a Power of Attorney is registered in the IRLS by using Instrument Code 024 – Revocation.

9.3.28 Quit Claim – Instrument Code 020

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.

9.3.29 Registrar's Note – Instrument Code 083

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.

9.3.30 Registrar's Order – Instrument Code 021

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.

9.3.31 Release – Instrument Code 085

A Release can be registered to release a Certificate of Lis Pendens, Judgements, Caveats, etc.

9.3.32 Response to Notice – Instrument Code 118

A Response to Notice allows an individual to respond to a notice, see Response to a Notice.

9.3.33 Request – Instrument Code 023

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:

  • For land held by Joint Tenants: only one lawful possessor is required to sign.
  • For land held by Tenants in Common: all lawful possessors must sign the request.

9.3.34 Right of Way (Individual Land Holdings) – Instrument Code 025

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.

Access Agreement Documents

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. 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.

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.

  1. When access is over Band land, a Band Council Resolution (BCR) agreeing to the access and giving its approximate location is required except where it is identified as a road.
  2. Subject to Preparation of the Instrument, when new parcels are being created by the subdivision of an "existing land-locked parcel" (e.g., 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. (See Acceptance Agreement For Lawful Possession Of Land-Locked Parcel.)
  3. A new allotment or subdivided interest – Where access is through the reserve boundary or over a body of water, a witnessed agreement is required, signed by all affected Band members accepting lawful possession under these conditions.
  4. Islands do not require an access agreement.

9.3.35 Statutory Declaration – Instrument Code 044

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.

9.3.36 Transfer – Instrument Code 028

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.

9.3.37 Matrimonial Real Property Transfer – Instrument Code 224

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.

9.3.38 Transfer of Joint Tenancy by Survivorship – Instrument Code 223

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.

9.3.39 Transfer by Superintendent - Instrument Code 215

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.

9.3.40 Withdrawal – Instrument Code 162

A Withdrawal cancels a caveat.

9.3.41 Withdrawal of Notice – Instrument Code 123

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.

10 Leases

10.1 Lease – Instrument Code 014

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.

10.1.1 Section 53(1) Lease

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.

10.1.2 Section 58(1)(b) Lease

Pursuant to Section 58(1)(b) the Minister may lease Reserve land in lawful possession of an Indian for:

  • agricultural/grazing purposes; or
  • for any purpose that is beneficial to the lawful possessor (locatee). Lawful Possessor consent must be provided.

10.1.3 Section 58(1)(c) Lease

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.

10.1.4 Section 58(3) Lease

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.

10.2 Forms of Possession

10.2.1 Joint Tenancy

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.

10.2.2 Tenancy in Common

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.

10.2.3 Death of a Joint Tenant – Leasehold Land

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.

10.2.4 Death of a Tenant in Common – Leasehold Land

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.

  1. Estate assets have value and there is a Will. When there is a Will attached to an assignment, probate of the Will by a court is required. If no one was named in the Will to administer the estate, Letters Probate is required from a Court appointing someone to administer the estate.
  2. Estate assets have value and there is no Will. Letters Probate is required from a Court appointing someone to administer the estate.
  3. Estate assets are of little or no value and there is a Will: No probate is required, but a letter from a solicitor stating that he/she is not willing to apply for probate because the estate is of little or no value must also accompany the assignment document.
  4. Estate assets are of little or no value and there is no Will. A Statutory Declaration attached to the Assignment is acceptable showing that the person executing the assignment on behalf of the estate has the authority to do so. Also, a letter from a solicitor, stating that he/she is not willing to apply for probate because the estate is of little or no value, must accompany the assignment document.

10.3 Instruments Relating to Leases

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.

10.3.1 Addendum – Instrument Code 001

An Addendum is used when adding an additional clause to the original document. All parties must consent/approve of the change.

10.3.2 Agreement – Instrument Code 033

An Agreement is used when two parties agree to carry out a specific provision contained within a registered instrument.

10.3.3 Amendment – Instrument Code 057

An Amendment is used when modifying the content or a specific clause of an original document.

10.3.4 Assignment – Instrument Code 003

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:

  • that the pledge or mortgage has been discharged;
  • that the pledge or mortgage has been assumed by the party to whom the interest is being assigned; or
  • that the pledge or mortgage will be discharged after the interest has been assigned, as specified in a letter of undertaking by a law firm.

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.

10.3.5 Assignment of Rents – Instrument Code 087

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.

10.3.6 Assumption Agreement – Instrument Code 048

An Assumption Agreement allows for the assumption of mortgages and debentures.

10.3.7 Bank Assignments – Instrument Code 029

A Bank Assignment assigns a mortgage from one financial institution/ individual to another.

10.3.8 Cancellation – Instrument Code 005

A Cancellation is used to cancel a previously registered document.

10.3.9 Certificates – Instrument Code 007

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.

10.3.10 Certificate of Lis Pendens – Instrument Code 050

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.

10.3.11 Court Order – Instrument Code 009

A Court Order is a document dealing with decisions rendered by a court pertaining to a parcel of land.

Court Order – Matrimonial Real Property

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.

10.3.12 Death Certificate – Instrument Code 076

A Death Certificate is used to register the death of an individual.

10.3.13 Default of Mortgage – Instrument Code 111

A Default of Mortgage is a document that states that a mortgagee is in default.

10.3.14 Discharge – Instrument Code 012

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.

10.3.15 Discharge of Bank Assignment – Instrument Code 030

A Discharge of Bank Assignment is registered when a mortgage that has been assigned to a new lender has been discharged.

10.3.16 Easement – Instrument Code 013

An Easement is a non-possessory interest in land and is accorded partial use of such land for a specific purpose.

10.3.17 Easement Agreement – Code 130

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.

10.3.18 Judgement – Instrument Code 049

A Judgement is a court document which outlines the court's decision.

10.3.19 Letters - Rent Renewal – Instrument Code 042

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.

10.3.20 Letters of Undertaking – Instrument Code 090

A Letter of Undertaking is used to define the default remedies for mortgages.

10.3.21 Marriage Certificate – Instrument Code 078

A marriage certificate is no longer acceptable for registration. Refer to Name Change.

10.3.22 Modification – Instrument Code 209

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.

10.3.23 Modification of Lease – Instrument Code 070

A Modification of Lease amends the terms and conditions of the lease.

10.3.24 Mortgage – Instrument Code 016

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.

10.3.25 Mortgage Amending Agreement – Instrument Code 119

A Mortgage Amending Agreement modifies the original mortgage.

10.3.26 Name Change– Instrument Code 079

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.)

10.3.27 Notice – Instrument Code 075

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.

The Right to Deposit a Notice

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:

  1. An unregistered instrument that is not acceptable for immediate registration.
  2. The operation of law (e.g., a Court Order).
  3. Other evidence of a claim to an interest in reserve, Designated, or Surrendered land.
Form and Content of a Notice

The Notice may be in a form and must contain the following information:

  1. The full legal name of the person claiming the right or interest.
  2. The address of the person, or their representative, claiming the right or interest.
  3. The nature of the right or interest claimed.
  4. The grounds for the claim.
  5. The description of the parcel of reserve Designated or Surrendered land.
Effect of Depositing a Notice

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.

Deposit of a Response to a Notice

A person against whose interest a Notice is registered may register a "Response to a Notice".

Withdrawal of a Notice

The person claiming the right or interest may at any time withdraw the Notice by registering a "Withdrawal of a Notice".

10.3.28 Notice of Mortgage – Instrument Code 100

A Notice of Mortgage is used to identify the existence of a mortgage.

10.3.29 Oil and Gas Lease Notice – Instrument Code 115

This instrument is evidence of a claim made against a sub-surface oil and gas interest. This document has a term and a purpose.

10.3.30 Partial Discharge – Instrument Code 095

A Partial Discharge is registered when the Mortgage is seeking to discharge a portion of the loan.

10.3.31 Partial Relinquishment – Instrument Code 094

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.

10.3.32 Postponement – Instrument Code 074

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.

10.3.33 Power of Attorney – Instrument Code 099

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.

Execution under Power of Attorney

To be registrable in the ILRS, an instrument signed under a Power of Attorney must:

  1. be accompanied by one of the following documents:
    1. the original Power of Attorney; or
    2. a copy of the original Power of Attorney certified by the person who has custody of the original.
  2. be executed on behalf of the principal by the person holding the Power of Attorney in his/her own name and must indicate the name of the principal on the instrument.
Revocation of Power of Attorney

A revocation of a Power of Attorney is registered in the IRLS by using Instrument Code 024 – Revocation.

10.3.34 Registrar's Note – Instrument Code 083

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.

10.3.35 Release – Instrument Code 085

A Release can be registered to release a Certificate of Lis Pendens, Judgements, Writ of Summons, Caveats, etc.

10.3.36 Relinquishment – Instrument Code 022

A Relinquishment is registered when an individual is renouncing their interest in a lease, sub-lease, etc.

10.3.37 Response to Notice – Instrument Code 118

A Response to Notice allows an individual to respond to a notice.

10.3.38 Right of Way Agreement (R/W) – Instrument Code 062

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.

10.3.39 Statutory Declaration – Instrument Code 044

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.

10.3.40 Sub-sublease – Instrument Code 026 / Sub-sublease – Instrument Code 051

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.

An Assessment of Matrimonial Real Property and Statutory Declaration form is required when Ministerial approval is sought.

10.3.41 Withdrawal of Notice – Instrument Code 123

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".

10.3.42 Writ of Execution – Instrument Code 098

A Writ of Execution notifies of a writ of seizure and sale of a particular parcel of land.

11. Permits – Instrument Code 018

11.1 General

A Permit allows for a limited right to use and occupy reserve land granted to a third party.

  • Permits are usually issued for a short term.

For all permits, check the Requirements for a Legal Land Description in the Survey chapter before completing an application.

11.2 Section 28(2) Permits

Permits are issued pursuant to Section 28(2) of the Indian Act for non-exclusive rights such as agriculture and grazing.

11.3 Section 58(4) Permits

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.)

11.4 Timber Permits

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.

11.5 Waste Disposal Permits

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.

11.6 Treaty Land Entitlement Replacement Permit

(Saskatchewan/Alberta/Manitoba)

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.

11.7 Instruments Relating to Permits

11.7.1 Addendum – Instrument Code 001

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.

11.7.2 Amendment – Instrument Code 057

Important:
To register an amendment to a Permit a BCR must be attached.

11.7.3 Assignment – Instrument Code 003

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.

11.7.4 Band Council Resolution (BCR) – Instrument Code 004

A BCR can be used to authorize an extension of a permit.

11.7.5 Cancellation – Instrument Code 005

A Cancellation is used to cancel a previously registered permit and requires Ministerial Approval (Regional Offices).

11.7.6 Modification – Instrument Code 209

A Modification modifies a registered permit.

11.7.7 Name Change – Instrument Code - 079

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.

11.7.8 Notice – Instrument Code 075

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.

11.7.9 Oil and Gas Permit Notice – Instrument Code 116

This instrument is evidence of a claim made against a sub-surface oil and gas interest. This document has a term and a purpose.

11.7.10 Relinquishment – Instrument Code 022

A Relinquishment is registered when an individual is renouncing their interest in a permit.

Appendix A – Registry Office

Land Registrar

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.

HQ Contact Information

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

Appendix B – Regional Contact Information for Registration of Land Instruments

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

Appendix C – Glossary, Acronyms, Abbreviations

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.

Glossary navigation

53/60

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.

A

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

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B

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.

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C

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".

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D

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.

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E

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.

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F

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.

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G

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.

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H

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.

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I

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".

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J

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.

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L

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".

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M

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

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N

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.

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O

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.

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P

Term Definition
Parcel An area of reserve land regardless of dimension.
Parcel Identification Number (PIN) A unique nine-digit number generated by the ILRS for a parcel of reserve land based on the legal land description.
Parcel Register The parcel register contains documents relating to a specific parcel of land on a reserve. A parcel is created when a band allots land to a band member or sets aside land for the general welfare of the band. A parcel may also be created for lands that are subject to a lease or a permit to third parties.
Permit A permit has the following characteristics:
  • it does not grant exclusive possession of land;
  • it may grant a limited interest in reserve land, such as an easement (as with hydro utilities), although it may give a lesser use (such as cattle grazing);
  • the term is usually short, but may be for longer periods so long as the term is able to be clearly determined.
PIN See "Parcel Identification Number".
Plan of Air Space Parcel(s) 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.
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.
Plan of Building Unit(s) A Plan of Building Unit is a plan prepared to show separate units within a constructed building.
Plan of Survey 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.
Previous Land Description The Previous Land Description refers to a previous legal land description of a parcel of land where the parcel has been re-surveyed and there was no boundary change.
Provincial Order in Council An order made by the Lieutenant Governor of a Province on behalf of Her Majesty the Queen on the advice of the Privy Council, either under statute or by royal prerogative.
PTN Portion of a land parcel.

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Q

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.

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R

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.

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S

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).

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T

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.

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U

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.

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W

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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