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In This Volume

  • 368 (1) If a patent grants or confirms Indian land in fee simple to a band, the band may apply to be registered as owner of an indefeasible title in fee simple to all or part of the land, subject to the estates and interests in the land described in the certificate of encumbrances.
  • (2) An application under this section must not be received by the registrar unless
  • (a) it is accompanied by a copy of a law of the band or its council authorizing the application that is in the form prescribed by the Lieutenant Governor in Council and is certified by a person designated as the authorized signatory of the band,
  • (b) it is accompanied by a certificate of encumbrances in respect of the land affected by the application, and
  • (c) a patent granting or confirming the Indian land in fee simple to the band has been filed under section 367.
  • (3) The registrar may waive the requirement under section 366(2)(c) for a plan if the application relates to land already described by a plan on deposit in the land title office at the time of the application and the registrar is of the opinion that no further plan or description of the land is necessary for the purpose of registering an indefeasible title to it.
  • (4) In addition to the instruments referred to in this section, the registrar may require such further evidence as the registrar considers necessary to determine priorities among the subsisting estates and interests and the areas of the land affected by them.
  • (5) Subject to section 370(4), an estate or interest that
  • (a) subsists at the time of an application under section 369 or 370, and
  • (b) is not described in the certificate of encumbrances filed in support of the application
  • must not be registered.
  • (6) Subsection (5) must not be construed as preventing or requiring the registration of rights of the Province referred to in section 23(2)(a) or section 367(2)(e), but those rights are valid and enforceable whether or not they are registered under this Act.
  • (7) The registrar must not register a title claimed by the band in an application to which section 369 or 370 applies if the certificate of encumbrances filed in support of the application is dated earlier than the date the application is made, until the applicant files a further certificate of encumbrances dated no earlier than the date the application is made.
  • (8) To the extent necessary to give effect to the application, the registrar may dispense with a requirement under section 156(1) or (2).

1979-219-368; 1988-41-1, effective December 23, 1988 (B.C. Reg. 487/88).

Regulations and Forms

Prescribed Form of Law: s. 368(2)(a)

The Lieutenant Governor in Council has prescribed a form of law to be enacted by a band authorizing an application for registration in the Appendix to B.C. Reg. 490/88, Torrens System Application Regulation. The regulation is reproduced in the Appendices to this Part.

Submissions

On the Form 17 Fee Simple, select Nature of Interest, First Nations Lands Title, and attach an image of the certificates referred to in s. 368 of the Act.