19 Registration Of Debt Owing To Treaty First Nation

In This Volume

19 There may be registered against the treaty lands of a treaty first nation that are registered in the name of a debtor of the treaty first nation, in the same manner as a charge is registered, a debt owing to that treaty first nation, but no debt owing to that treaty first nation affects the land of the debtor unless the debt is registered.

FORMS

Submissions

On the Form 17 Charge, Notation or Filing, select “Treaty First Nation Debt” and attach an image of the original letter from the Treaty First Nation executed under Part 5.

Practice

Section 30(1) of Schedule 1 of the Land Title Act speaks to instruments executed by or on behalf of the Treaty First Nation:

Execution of instruments in respect of treaty lands

30 (1) For the purpose of applying this Act in relation to treaty lands, an instrument executed by or on behalf of the treaty first nation is conclusively deemed to be properly executed if
(a) the execution of the instrument by an authorized signatory of the treaty first nation is witnessed by an officer who is not a party to the instrument, and

(b) the execution is proved under section 44 of this Act as if the treaty first nation were a corporation.

The letter that supports the application for a Treaty First Nation Debt, which is executed by an authorized signatory of the Treaty First Nation, must be witnessed by an officer pursuant to s. 30(1) of Schedule 1 of the Land Title Act.