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In This Volume

  • 371 (1) For the purpose of applying the Torrens system to Indian land the registrar is not under any duty to take notice of, act on, inquire into or give effect to any enactment of Canada or to any law of a band or its council that
  • (a) relates to the registration of title to, rights in, claims against or estates or interests in land, whether legal or equitable, or the creation, conveyancing, transmission, inheritance, devolution or enforcement of them,
  • (b) creates a trust or fiduciary duty in the band to hold land for the use and benefit of itself and its members, or
  • (c) expressly or by necessary implication requires the registrar to perform a duty or exercise a power that the registrar would not otherwise be required to perform or exercise with respect to the land if it were not Indian land.
  • (2) Nothing in subsection (1) is to be construed or operates to prevent
  • (a) the exercise by the Province or by persons duly authorized by the Province, or
  • (b) effect being given to,
  • any right, estate or interest referred to in section 367(2)(e).
  • (3) An estate or interest in land claimed or asserted by any person claiming to be the beneficial owner of land under a trust or fiduciary duty referred to in subsection (1)(b) must not be registered under this Act.
  • (4) If a band or its council
  • (a) amends all or part of a law required by section 367(2)(b) or 368(2)(a) without first receiving the written approval of the minister, or
  • (b) repeals all or part of a law referred to in paragraph (a),
  • the registrar must
  • (c) lodge a caveat against all indefeasible titles to Indian land of that band,
  • (d) not register any other instruments affecting the Indian land of that band, and
  • (e) not accept any application to register any other instrument affecting the Indian land of that band,
  • and any application affecting the Indian land of that band that is then pending is void.

1979-219-371; 1988-41-1, effective December 23, 1988 (B.C. Reg. 487/88); 2003-66-35.


Expiry of Caveat

See s. 285(3) of the Act, which states as follows:

  • 285 (3) A caveat lodged by the registrar does not lapse unless the caveat expressly so provides.