30 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.

(2) Despite subsection (1), a certificate under section 28(1) of this Schedule is conclusively deemed to be properly executed if it is signed by an authorized signatory of the treaty first nation.
(2.1) Despite subsection (1), an instrument executed on behalf of a treaty first nation before the effective date of the treaty first nation’s final agreement is conclusively deemed to be properly executed if

(a) the final agreement provides that on the effective date specified individuals will form the first government of the treaty first nation,
(b) the instrument is executed by a specified individual for that treaty first nation and witnessed by an officer who is not a party to the instrument, and
(c) the execution is proved in accordance with subsection (2.2).

(2.2) If an instrument is executed by a specified individual under subsection (2.1),

(a) the signature of the officer witnessing the execution is a certification by the officer that the individual appeared before the officer and acknowledged to the officer that the individual is a specified individual, and
(b) the signature witnessed by the officer is the signature of the individual who made the acknowledgement.

(3) An instrument executed and proved in compliance with subsection (1), (2) or (2.2), as applicable in relation to the instrument, constitutes conclusive evidence to the registrar that the requirements of the laws of the treaty first nation relating to the execution of the instrument and the transaction or dealing contemplated by it have been fulfilled.
(4) If an instrument executed by or on behalf of a treaty first nation is presented for registration or filing under this Act, the registrar need not act on, inquire into or give effect to the laws of the treaty first nation or make any inquiry into the capacity of the treaty first nation or make any other inquiry into whether or not

(a) any law of the treaty first nation is in force,
(b) the transaction or dealing contemplated by the instrument was duly authorized in accordance with the laws of the treaty first nation,
(c) all rules and procedures established by the treaty first nation respecting the disposition of an estate or interest in land have been complied with, or
(d) the treaty first nation subsists as a legal entity.

(5) In addition to the limitations of liability established under sections 294.6 and 303 of this Act, none of the following are, under any circumstances, liable for compensation for loss, damage or deprivation occasioned by an ultra vires or unlawful act of a treaty first nation:

(6) In this section:
“Indian band” means an Indian band as defined in the Indian Act (Canada);
“officer” has the same meaning as in Part 5;
“specified individual”, in respect of a treaty first nation, means an individual occupying with the Indian band that will cease to exist by operation of the treaty first nation’s final agreement, a position the occupant of which will be a member of that treaty first nation’s first government under that final agreement.