28 Certificate Of Transfer | Land Title Practice Manual

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28 (1) This section applies in relation to a parcel of the treaty lands of a treaty first nation if a final agreement authorizes the treaty first nation to make laws providing that its treaty lands are not to be registered in a name other than the treaty first nation without a certificate of transfer issued by the treaty first nation.
(2) The registrar may not register the indefeasible title to a parcel of the treaty lands of a treaty first nation in a name other than the treaty first nation if the registrar has notice under subsection (5) that a law described in subsection (1) applies to the parcel, unless the application is accompanied by a certificate of the treaty first nation certifying that

(a) the certificate is issued in accordance with the laws of the treaty first nation, and
(b) the person named in the certificate as transferee of the parcel is a permitted transferee under those laws.

(3) A certificate under subsection (2) must set out the date the certificate ceases to be valid and the registrar may not accept that certificate for the purposes of that subsection unless it is tendered on or before that date.
(4) A certificate under subsection (2) constitutes conclusive evidence to the registrar that the person named in the certificate is a permitted transferee of the land described in the certificate.
(5) A notice under subsection (2) identifying parcels of treaty lands to which a law described in subsection (1) applies, or no longer applies, must

(a) be in writing,
(b) identify the parcels by setting out a legal description sufficient for the registrar to identify those parcels in the records, and
(c) specify the date on which the law applies, or no longer applies, to the parcels.

(6) On or before the effective date of the repeal of a law described in subsection (1) in relation to which a treaty first nation has given notice under subsection (2), the treaty first nation must give written notice to the registrar of the repeal that

(a) identifies the parcels of treaty lands to which the repeal applies by setting out a legal description sufficient for the registrar to identify those parcels in the records, and
(b) specifies the date on which the repeal comes into force.

FORMS

Submissions

On the Form 17 Charge, Notation or Filing, select First Nations Filing and attach an image of the written notice to the registrar from the Treaty First Nation.

PRACTICE

Section 3(1)(c) of Schedule 1 requires the title to be endorsed when s. 28 applies. Accordingly, the registrar makes the following endorsement on the applicable titles:

SECTION 28 OF SCHEDULE 1 OF THE LAND TITLE ACT APPLIES AND A (QUOTE PERTINENT FIRST NATION) CERTIFICATE OF TRANSFER MUST ACCOMPANY ANY APPLICATION TO REGISTER TITLE—RESTRICTS DEALINGS

All applications that result in the registration of a new indefeasible title must be accompanied by a s. 28 certificate of transfer. This includes applications for the transmission of a fee simple interest, such as a transmission to an executor or administrator or to a surviving joint tenant, as this results in the registration of a new indefeasible title.

Section 28 does not apply to applications that do not result in the registration of an indefeasible title, such as applications for interests less than the fee simple (for example, an application for a right to purchase). Accordingly, an application for an interest less than the fee simple does not need to be accompanied by a certificate of transfer. Section 28 does apply at the time title is vested in the holder of a right to purchase, as this results in the registration of a new indefeasible title.

Execution of s. 28(1) Certificate of Transfer

Pursuant to s. 30(2) of this Schedule, a s. 28(1) certificate of transfer is conclusively deemed to be properly executed if it is signed by an authorized signatory of the Treaty First Nation.