25 Registration On Effective Date—evidence Of Good Safe Holding And Marketable Title

In This Volume

25 (1) If a final agreement requires registration of indefeasible titles to parcels of the treaty first nation's treaty lands on the date the final agreement is effective,

(a) in relation to treaty lands that immediately before the effective date were federal Crown lands, a certificate of a federal minister certifying that, on the effective date, the treaty first nation named in the certificate as the owner in fee simple is the owner of the estate in fee simple of the parcel described in the certificate, or
(b) in relation to treaty lands not referred to in paragraph (a), a certificate of the minister charged with the administration of the Treaty Commission Act certifying that, on the effective date, the treaty first nation named in the certificate as the owner in fee simple is the owner of the estate in fee simple of the parcel described in the certificate,

constitutes conclusive evidence to the registrar that the treaty first nation named in the certificate as the owner of the land described in the certificate is entitled to a good safe holding and marketable title in fee simple in respect of that land subject only to the charges set out in a certificate under subsection (2) and the conditions, provisos, restrictions, exceptions and reservations set out in a certificate under subsection (3).
(1.1) If a final agreement requires that a registered parcel, the indefeasible title of which is not to be registered in the name of the treaty first nation on the date the final agreement is effective, be designated on that effective date as treaty lands of the treaty first nation, a certificate that

(a) is signed by the minister charged with the administration of the Treaty Commission Act,
(b) is filed on that effective date,
(c) contains a description of the parcel sufficient for the registrar to identify it in the records, and
(d)
certifies that
- (i) the parcel forms part of the treaty lands of that treaty first nation,
- (ii) the registered owner of the indefeasible title of the parcel and any holders of encumbrances registered against that title have consented to the parcel being treaty lands of that treaty first nation, and
- (iii) section 50 of the Land Act does not apply in respect of the parcel,

constitutes conclusive evidence to the registrar of the matters certified.
(2) If an application for registration under this section is accompanied by

(a) a certificate of a federal minister, the minister charged with the administration of the Treaty Commission Act and the head of the treaty first nation certifying that, on the date the final agreement is effective, the land to which the certificate relates is subject to the charges set out in the certificate, and
(b) registrable instruments for each charge set out in the certificate,

the certificate constitutes conclusive evidence to the registrar that the land described in the certificate is subject to those charges.
(3) If an application for registration under subsection (1) or for designation under subsection (1.1) is accompanied by a certificate of the treaty first nation certifying that, on the date the final agreement is effective, the land to which the certificate relates is subject to the conditions, provisos, restrictions, including restrictions on alienation, exceptions and reservations, including royalties, set out in the certificate, the certificate constitutes conclusive evidence to the registrar that the land described in the certificate is subject to those conditions, provisos, restrictions, exceptions and reservations.
(4) If registration under this section is the first registration of an indefeasible title to the land, the application must be accompanied by a plan of the land affected by the application that has been prepared by a British Columbia land surveyor and signed by the Surveyor General.
(5) If the Surveyor General is satisfied a plan referred to in subsection (4) complies with the Surveyor General's instructions for the survey, the Surveyor General must sign the plan.
(6) The signature of the Surveyor General on a plan referred to in subsection (4) constitutes conclusive evidence to the registrar that

(a) the land shown on the plan forms part of the treaty lands, and
(b) no part of the land described in the plan is below the natural boundary, as defined in the Land Act, other than a part that is, by appropriate labels and boundary outlines, designated as such.

(7) On receiving a certificate under subsection (1),

(a)
in the case of a first registration of an indefeasible title to the land, if the registrar is satisfied that the boundaries of the land are sufficiently defined by the plan referred to in subsection (4), the registrar must
- (i) register the indefeasible title to the land in the name of the treaty first nation, and
- (ii) if subsection (2) applies in respect of the land, register against that title the charges set out in the certificate, and
(b)
in the case of parcels previously registered, the registrar must
- (i) cancel any existing indefeasible titles to the land,
- (ii) register the indefeasible title to the land in the name of the treaty first nation, and
- (iii) if subsection (2) applies in respect of the land, register against that title the charges set out in the certificate that are not already registered against the title.

(8) On receiving a certificate under subsection (1.1), the registrar must, in respect of the parcel, endorse in the register the notation described in section 3(1).

FORMS

Submissions

On the Form 17 Fee Simple, select First Nations Lands Title and attach an image of the relevant s. 25 certificate(s).

To submit an accompanying plan, on the Application to Deposit Plan form select the applicable “Plan Type” (For example; “Public Official Plan (Certified Copy)” or “Reference or Explanatory”). If “Reference or Explanatory” is selected, the “Number of New Lots Created” field is activated in item 3 of the form. The “Number of new lots created” should be selected as 0, as the application number(s) used to create the fee simple title will be derived from the accompanying Form 17 First Nations Lands Title application.

The certificate to be signed by the Surveyor General under s. 25(4) is selected from the drop down located on the “Schedule of Surveyor General Approvals” page that is appended to the Application to Deposit Plan form.