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  • 373.9 (1) An application for the registration of an indefeasible title to all or any portion of Category A Lands or Category B Lands must be accompanied by
  • (a) a plan of the land affected by the application, which plan meets the requirements of subsection (2), and
  • (b) a certificate of the minister responsible for aboriginal affairs that meets the requirements of subsection (3).
  • (2) The plan referred to in subsection (1)(a) must
  • (a) be based on a survey prepared by a British Columbia land surveyor,
  • (b) comply with the General Survey Instruction Regulation, B.C. Reg. 33/96, and
  • (c) be signed by the Surveyor General.
  • (3) The certificate referred to in subsection (1)(b) must

  • (a) state that the land shown on the plan referred to in subsection (1)(a) forms part of Category A Lands or Category B Lands,
  • (b) set out the conditions, provisos, restrictions, exceptions and reservations, including royalties, to which the land is subject, and
  • (c) state that the plan does not conflict with any other plan on deposit in the land title office.
  • (4) A certificate that meets the requirements of subsection (3) constitutes conclusive evidence to the registrar of the matters set out in the certificate.
  • (5) On receiving a plan and certificate under this section, the registrar must endorse a notation in the proper register stating that the land may be subject to conditions, provisos, restrictions, exceptions and reservations, including royalties, in favour of the Nisga’a Nation.
  • (6) An indefeasible title to a fee simple estate in any portion of Category A Lands or Category B Lands does not, unless the certificate referred to in subsection (3) provides otherwise, include submerged land and every indefeasible title to a portion of Category A Lands or Category B Lands must be construed accordingly.

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