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In This Volume

  • 373.82 (1) For the purpose of applying the Torrens system, as defined in Part 24, to Nisga’a Lands, an instrument executed by or on behalf of the Nisga’a Nation or a Nisga’a Village is conclusively deemed to be properly executed if
  • (a) the seal of the Nisga’a Nation or applicable Nisga’a Village is affixed to the instrument in the presence of a person described as an authorized signatory, and
  • (b) execution is proved in the same manner as is provided in section 46, in cases of execution by a corporation.
  • (2) An instrument executed and proved in compliance with subsection (1) constitutes conclusive evidence to the registrar that the requirements of Nisga’a law relating to the execution of the instrument and the disposition contemplated by it have been fulfilled.
  • (3) If an instrument executed by or on behalf of the Nisga’a Nation or a Nisga’a Village is presented for registration under this Act, the registrar need not act on, inquire into or give effect to Nisga’a law or make any inquiry into the capacity of either of them or make any other inquiry into whether or not
  • (a) any Nisga’a law is in force,
  • (b) the transaction contemplated by the instrument was duly authorized in accordance with Nisga’a law,
  • (c) all rules and procedures established by the Nisga’a Lisims Government or Nisga’a Village Government respecting the disposition of an estate or interest in land have been complied with, or
  • (d) the Nisga’a Nation or Nisga’a Village subsists as a legal entity.
  • (4) In addition to the limits of liability established under sections 294.6 and 303, neither the assurance fund under Part 19.1, nor the assurance fund under Part 20, nor the Land Title and Survey Authority nor the minister is, under any circumstances, liable for compensation for loss, damage or deprivation occasioned by an ultra vires or unlawful act of the Nisga’a Lisims Government or Nisga’a Village Government or by the improper use of the seal of either of them.

1999-2-47, effective May 11, 2000 (B.C. Reg. 146/2000); 2003-66-35; 2004-66-128, effective January 20, 2005 (B.C. Reg. 16/2005).