Land Title Practice Manual

26 Plan Required With Application By Treaty First Nation For First Registration

In This Volume

  • 26 (1) An application by a treaty first nation for registration of an indefeasible title to a parcel of its treaty lands for which no indefeasible title is registered at the time of application must be accompanied by
  • (a) 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,
  • (b) a certificate of the treaty first nation that complies with section 27(1) of this Schedule,
  • (c) registrable instruments for all charges, including charges in respect of a debt owed to the treaty first nation, to which the parcel is subject, and
  • (d) if section 28 of this Schedule applies in respect of the registration, a certificate of transfer that complies with that section.
  • (2) If the Surveyor General is satisfied a plan referred to in subsection (1)(a) complies with the Surveyor General’s instructions for the survey, the Surveyor General must sign the plan.
  • (3) The signature of the Surveyor General on a plan referred to in subsection (1)(a) 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.
  • (4) On receiving an application that complies with subsection (1), if the registrar is satisfied that the boundaries of the land are sufficiently defined by the plan referred to in subsection (1)(a), the registrar must register the indefeasible title to the land in the name of the person named in the certificate referred to in subsection (1)(b), subject only to the charges set out in that certificate.

FORMS

Submissions

On the Form 17 Fee Simple, select First Nations Lands Title and attach an image of the relevant s. 26 certificate(s). In Item 2 of the Form I7 Fee Simple, ensure No PID is selected, and a legal description is included.

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. 26(1) 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.