Westbank First Nation Land Registry Regulations (SOR/2007-232)

Registration or Recording of Documents

Marginal note:Order of registration or recording

• 20 (1) Subject to section 21, the Registrar shall register or record each document submitted for registration or recording that accords with the requirements of these Regulations in the order that it is received by the Land Registry.

• Marginal note:Time of registration or recording

  (2) A document is considered to have been registered or recorded

  • (a) if the document was transmitted electronically, at the time and date indicated on the electronic acknowledgement of receipt; and

  • (b) if the document was sent by mail, at the time and date of receipt stamped on the document by the Registrar.

Marginal note:Multiple submissions

21 If two or more documents affecting the same parcel of Westbank land are submitted for registration or recording at the same time by the same person and the documents meet the requirements of these Regulations for registration or recording, the Registrar shall register or record them in the order indicated on the applications for registration or recording.

Marginal note:Registry information

• 22 (1) If a document submitted for registration or recording meets the requirements of these Regulations, the Registrar shall record the following information in the appropriate abstract:

  • (a) the names of all parties to the document;

  • (b) the type of document;

  • (c) the Westbank land affected;

  • (d) if applicable, the date of execution of the document or, if there is more than one date indicated, the most recent date;

  • (e) the tracking number assigned to the document at the time of receipt; and

  • (f) the date and time of registration or recording.

• Marginal note:General abstract

  (2) If a document submitted for registration or recording affects a reserve of the Westbank First Nation as a whole, the Registrar shall register or record in the general abstract for the reserve the information required under subsection (1).

• Marginal note:Parcel abstract

  (3) If a document submitted for registration or recording affects a particular parcel of Westbank land, the Registrar shall register or record in the parcel abstract for that parcel the information required under subsection (1).

Marginal note:Notification

23 On the registration or recording of a document referred to in section 15, the Registrar shall notify the applicant and Westbank First Nation of the registration or recording without delay.

Marginal note:Registration or recording refused

• 24 (1) If a document submitted for registration or recording does not meet the requirements of these Regulations, the Registrar shall return to the applicant the application for registration or recording and all supporting documents accompanying it, and provide written reasons for the refusal to register or record the document.

• Marginal note:Copy of reasons

  (2) The Registrar shall provide a copy of the reasons for refusal to the Westbank First Nation.

Marginal note:Electronic storage

25 The Registrar shall store in electronic form every document registered or recorded under these Regulations.

Marginal note:Return of registered document

26 After a document that was submitted to the Registrar in paper form has been registered or recorded, the Registrar shall return the original document to the applicant.

Marginal note:Errors in registration or recording

27 If the Registrar becomes aware of an omission or error in the registration or recording of a document, the Registrar shall immediately make the necessary corrections, add a notation to the Register identifying the corrections and notify all persons who may be adversely affected by the corrections.

Effect of Registration

Marginal note:Priority

• 28 (1) Subject to section 31, interests registered under these Regulations that affect the same parcel of Westbank land have priority according to the time and date of their registration and not according to the time and date of their execution.

• Marginal note:No priority to licences and other documents

  (2) For greater certainty, subsection (1) does not apply to a document that does not grant an interest in Westbank land.

Marginal note:Unregistered interests

29 A registered interest affecting a parcel of Westbank land is entitled to priority over an unregistered interest affecting the same parcel of Westbank land.

Marginal note:Revolving mortgages

30 A registered mortgage has priority over a subsequently registered interest that affects the same parcel of Westbank land, to the extent of the money actually advanced under the mortgage, to a maximum of the amount secured by the mortgage, even if all or part of the money was advanced after the registration of the subsequently registered interest, unless the mortgagee had actual notice of the registration of the subsequently registered interest before making the advance.

Marginal note:Deferred priority

• 31 (1) The holder of a registered interest, or a person applying to register an interest, may apply to record a postponement agreement that gives priority over the registered interest to a specified interest that was, or is to be, subsequently registered.

• Marginal note:Priority on recording

  (2) On the recording of a postponement agreement, priority shall be accorded to the interests referred to in the agreement in the manner provided for in the agreement.

Conflicts

Marginal note:Regulations paramount

32 In the event of a conflict between these Regulations and any Westbank law, these Regulations prevail to the extent of the conflict.

Transition to Priority System

Marginal note:Prior registered interest

• 33 (1) An interest that was registered in the Register before the day on which these Regulations come into force has priority over an interest registered under these Regulations on or after that day.

• Marginal note:No relative priorities

  (2) Subsection (1) shall not be interpreted to confer a priority on one interest that was registered in the Register before the day on which these Regulations come into force over any other interest that was also registered in the Register before that day.

Coming into Force

Marginal note:Coming into force date

34 These Regulations come into force on November 5, 2007.