373.73 Plan Required With Application For First Registration

• 373.73 (1) An application under paragraph 5 of the Land Title Chapter of the Nisga’a Final Agreement must be accompanied by a plan of the land affected by the application that

• (a) is based on a survey prepared by a British Columbia land surveyor or, if the survey is conducted before the date on which the Nisga’a Final Agreement takes effect, on a survey prepared by a Canada land surveyor, and
• (b) [repealed]
• (c) is signed by the Surveyor General.

• (2) If the plan meets the requirements of subsection (1)(a), the Surveyor General must sign the plan.
• (3) The signature of the Surveyor General on a plan referred to in subsection (1) constitutes conclusive evidence to the registrar that

• (a) the land shown on the plan forms part of Nisga’a Lands,
• (b) no part of the land described in the plan is submerged land other than a part that is, by appropriate labels and boundary outlines, designated as submerged lands, and
• (c) the plan does not conflict with any other plan on deposit in the land title office.

• (4) An indefeasible title to a fee simple estate in any portion of Nisga’a Lands does not include submerged land whether or not the submerged land is shown on a plan referred to in subsection (1) and every indefeasible title to a portion of Nisga’a Lands must be construed accordingly.

1999-2-47, effective May 11, 2000 (B.C. Reg. 146/2000); 2004-21-65.