370 If Application Affects Registered Indian Land

• 370 (1) If an application under section 368 relates to Indian land, the title to which is, at the time of the application, already registered under this Act, the registrar must, subject to this section, cancel the previously registered title and register a new title in the name of the band.
• (2) The registrar must not register the title claimed in the application unless the registrar is satisfied that the land described in the patent includes all of the land covered by the previously registered title and the certificate of encumbrances filed in support of the application satisfies the requirements of section 366(2)(b).
• (3) If, in the opinion of the registrar, an application to which this section applies is affected by an estate or interest described in the certificate of encumbrances that is not then entered, noted or endorsed in the register,

• (a) section 369(5) to (10) applies with respect to that estate or interest, and
• (b) on registration of the estate or interest, its priority must be determined in accordance with section 28.

• (4) An interest or estate that is entered, noted or endorsed on the previously registered title at the time of the application under section 368 is not affected by the absence of any reference to it in the patent or certificate of encumbrances or, where there is a reference to it, by any inconsistency between that reference and the register.
• (5) This section does not operate to permit a subdivision of the land covered by the previously registered title otherwise than in compliance with this Act.
• (6) The registrar must not register any dealings in Indian land that, on the coming into force of this section, is already registered under this Act, until a new title to that land is registered under subsection (1).
• (7) Subsection (6) does not

• (a) apply to a dealing by the owner of an estate or interest that is registered as a charge on the previously registered title, or
• (b) operate to prevent the registration of a judgment, claim of lien under the Builders Lien Act, caveat, certificate of pending litigation or other involuntary charge.

1979-219-370; 1988-41-1, effective December 23, 1988 (B.C. Reg. 487/88); 1992-55-1, effective October 1, 1994 (B.C. Reg. 300/94); 1997-45-51, effective February 1, 1998 (B.C. Reg. 1/98).