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In This Volume

  • 366 (1) In this Part:
  • “band” means a body of Indians that,
  • (a) under an Act of Canada, is established as a legal entity with the capacity of a natural person and is the successor to a band as defined in the Indian Act (Canada), and
  • (b) has been prescribed by the Lieutenant Governor in Council to be a designated band for the purpose of applying the Torrens system to Indian land;
  • “council” means the governing body of a band;
  • “Indian land” means land reserved for the Indians within the meaning of section 91(24) of the Constitution Acts, 1867 to 1982;
  • “patent” means an instrument, not being a statute or regulation of Canada, by which the Crown in Right of Canada grants to a band an estate in fee simple in Indian land or confirms that an estate in fee simple in Indian land is vested in a band, and, for the purposes of this definition, the reference to the Crown in Right of Canada must be read as including a reference to any officer of the Department of Indian and Northern Affairs or its statutory predecessor, in whose name a title in fee simple to Indian land is registered under this Act;
  • “Torrens system” means this Act and all other enactments and laws of British Columbia that, from time to time, relate to the registration of title to, rights in, claims against and estates and interests in land whether legal or equitable, and the creation, conveyancing, transmission, inheritance, devolution and enforcement of them.
  • (2) In this Part, a reference to a certificate of encumbrances is a reference to a certificate prepared by a public officer of Canada in a form satisfactory to the registrar, and certifying to the satisfaction of the registrar that
  • (a) as of the date of the certificate the subsisting estates and interests described in it represent all of the rights, claims, estates and interests to which the fee simple estate in the land described in the certificate is subject and that no other rights, claims, estates or interests exist,
  • (b) if the Indian land is sought to be registered under section 370, all rights, claims, estates and interests then registered under this Act have priority over any other rights, claims, estates and interests in land described in the certificate,
  • (c) a plan of the land described in the application is attached to it, and
  • (d) with respect to each subsisting estate or interest, the plan identifies the areas affected by them.
  • (3) The plan referred to in subsection 2(c) must be based on a survey that complies with this Act, rules made under section 385(5) and any standards set by the Surveyor General for a survey plan intended for deposit under this Act.

1979-219-366; 1988-41-1, effective December 23, 1988 (B.C. Reg. 487/88); 2004-21-63.