Cree-Naskapi Land Registry Regulations (SOR/86-1070)

Short Title

1 These Regulations may be cited as the Cree-Naskapi Land Registry Regulations.

Interpretation

2 In these Regulations,

Act

Act means the Cree-Naskapi (of Quebec) Act; (Loi)

block

block means a portion of a lot as determined pursuant to subsection 17(2); (parcelle)

central land registrar

central land registrar means the central land registrar appointed pursuant to section 6; (registrateur du bureau d'enregistrement central)

central land registry office

central land registry office means the central land registry office referred to in paragraph 4(1)(a); (bureau d'enregistrement central)

CRINA number

CRINA number means the numerical identification assigned by the central land registrar, of a right or interest in Category IA or IA-N land of a band or in buildings situated thereon and the location of the right or interest that consists of groups of numbers separated by hyphens and in the following order:

• (a) the numbers that represent the band on whose Category IA or IA-N land the right or interest is located,

• (b) the numbers that represent the lot on which the right or interest is located,

• (c) the numbers that represent the block on which the right or interest is located, and

• (d) the numbers that represent the right or interest and in the case of a right or interest in a building, the letter "B" and the numbers that represent the building; (numéro CRINA)

index books

index books means the books referred to in section 16; (répertoires)

land registry office

land registry office means a local land registry office or the central land registry office; (bureau d'enregistrement)

land registry plan

land registry plan means a plan referred to in section 17; (plan d'enregistrement)

local land registrar

local land registrar means a local land registrar appointed pursuant to subsection 9(1); (registrateur du bureau d'enregistrement local)

local land registry office

local land registry office means a local land registry office referred to in paragraph 4(1)(b) or (c); (bureau d'enregistrement local)

lot

lot means a portion of Category IA or IA-N land as set out in a survey by the Quebec Department of Energy and Resources; (lot)

Minister

Minister means the Minister of Indian Affairs and Northern Development; (ministre)

registrar

registrar means a local land registrar or the central land registrar. (registrateur)

PART I

Establishment of the Land Registry System

3 A land registry system, under the control and supervision of the Minister, is hereby established for the registration of rights and interests in Category IA and IA-N land and in buildings situated thereon.

• 4 (1) The land registry system established pursuant to section 3 shall consist of the following registry offices:

  • (a) a central land registry office;

  • (b) one local land registry office for each Cree band; and

  • (c) a local land registry office for the Naskapi band.

• (2) The central land registry office shall be located within the territory of the Quebec Urban Community.

• (3) The local land registry office for a band shall be located at the head office of the band except where the band fixes the location of its local land registry office at another place on its Category IA or IA-N land.

• 5 (1) The hours of operation of the central land registry office shall be from 10 o'clock in the morning to 12 o'clock noon and from 1 o'clock to 3 o'clock in the afternoon every day except Saturdays and holidays.

• (2) The hours of operation of the local land registry office for a band shall be from 10 o'clock in the morning to 12 o'clock noon and from 2 o'clock to 4 o'clock in the afternoon every day except Saturdays and holidays, including any day designated as a holiday by resolution of the council of the band.

PART II

Administration of the Land Registry System

6 The land registry system established pursuant to section 3 shall be under the administration of the central land registrar appointed by the Minister on a full-time or part-time basis.

Central Land Registrar

7 The central land registrar shall

• (a) administer the central land registry office;

• (b) coordinate the functions of the local land registry offices;

• (c) arrange for and assist in the preparation of land registry plans and deposit certified copies of any land registry plan made pursuant to section 17 in the appropriate local land registry office and in the central land registry office;

• (d) issue, to each local land registrar, guidelines respecting the administration and operation of the land registry system established pursuant to section 3;

• (e) establish the form of the index books;

• (f) assist and advise the local land registrars;

• (g) assist Cree and Naskapi beneficiaries in the preparation of land descriptions and in the preparation and registration, or deposit, of any documents to be registered, or deposited, in accordance with the Act or these Regulations; and

• (h) conduct an inspection of each local land registry office, including its index books and records, at least once a year and report on its administration to the council of the appropriate band.

Deputy Central Land Registrar

• 8 (1) The central land registrar shall be assisted by a deputy central land registrar appointed by the Minister on a full-time or part-time basis.

• (2) Where the central land registrar is absent or incapacitated or the office of the central land registrar is vacant, the deputy central land registrar shall have and may exercise all the powers and duties of the central land registrar.

Local Land Registrars

• 9 (1) The local land registry office for a band shall be administered by a local land registrar appointed by the band.

• (2) A local land registrar shall be employed by the band pursuant to paragraph 41(1)(c) of the Act and may be employed on a full-time or part-time basis.

10 A local land registrar shall, in addition to the duties prescribed by the appropriate band pursuant to paragraph 41(1)(c) of the Act,

• (a) assist in the preparation of land registry plans for the Category IA or IA-N land of the band; and

• (b) assist Cree and Naskapi beneficiaries in the preparation of land descriptions and in the preparation and registration, or deposit, of any documents to be registered, or deposited, in accordance with the Act or these Regulations.

Deputy Local Land Registrars

• 11 (1) A local land registrar shall be assisted by at least one deputy local land registrar appointed by the band.

• (2) A deputy local land registrar appointed by a band pursuant to subsection (1) shall be employed by the band pursuant to paragraph 41(1)(c) of the Act and may be employed on a full-time or part-time basis.

• (3) Where a local land registrar is absent or incapacitated or the office of the local land registrar is vacant, a deputy local land registrar shall have and may exercise all the powers and duties of the local land registrar.

• (4) Where, in a local land registry office, the local land registrar and the deputy local land registrar are absent or incapacitated, or the offices of the local land registrar and the deputy local land registrar are vacant, the local land registry office may be administered by the central land registrar from the central land registry office.

Appointments and Dismissals

12 Where a band appoints or dismisses a local land registrar or a deputy local land registrar, the band shall forthwith notify the central land registrar in writing.

13 On assuming office, a land registrar or a deputy land registrar shall swear an oath of office to exercise his duties in accordance with law.

Inspection of Local Land Registry Offices

• 14 (1) The central land registrar shall not inspect a local land registry office unless the registrar of the local land registry office to be inspected has received written notice of the proposed inspection at least one week prior to the inspection.

• (2) Where the central land registrar determines, as a result of an inspection referred to in subsection (1), that the affairs of a local land registry office are in serious disorder, the central land registrar shall send a report of the situation and any recommendations to the council of the appropriate band and to the Minister.

Appointment of Administrator

• 15 (1) Where, as a result of a report referred to in subsection 14(2), the Minister is of the opinion that the affairs of a local land registry office are in serious disorder, he may give written notice to the appropriate band of his intention to appoint an administrator to administer the local land registry office, setting out the situation which resulted in his reasons for so doing.

• (2) Where a band receives a notice under subsection (1), it shall forthwith take corrective measures to remedy the situation referred to in the notice.

• (3) At any time between sixty days and one year after giving notice under subsection (1), the Minister may, if he is of the opinion that the situation referred to in the notice has not been adequately remedied, appoint, in writing, an administrator to supervise the administration of the local land registry office.

• (4) An administrator appointed pursuant to subsection (3) holds office for a term not exceeding four months from the date of his appointment.

• (5) At the expiration of the administrator's term of appointment referred to in subsection (4), the Minister may, where he is of the opinion that the affairs of the local land registry office continue to be in serious disorder, reappoint the administrator, or appoint a new administrator, for a further term not exceeding four months.

• (6) The Minister's power under subsection (5) applies also at the expiration of the term of appointment of an administrator appointed or re-appointed under that subsection.

• (7) Where the Minister appoints an administrator pursuant to subsection (3) or appoints or reappoints an administrator pursuant to subsection (5) or (6), the Minister shall set out, in writing, the duties of the administrator and shall provide a copy of the appointment or reappointment and the duties to the appropriate band.

• (8) The administrator of a local land registry office appointed pursuant to subsection (3) or appointed or reappointed pursuant to subsection (5) or (6) may supervise the administration of the local land registry office from the central land registry office.

Index Books

16 The following index books shall be maintained at each local land registry office and at the central land registry office:

• (a) an entry book in which is recorded, in chronological order, each document that is received at the office for registration pursuant to section 21;

• (b) an index of names in which is recorded the name, in alphabetical order, of each person who is a party to a document evidencing a right or interest in Category IA or IA-N land or in buildings situated thereon that is registered at the office pursuant to these Regulations;

• (c) an index of land in which is recorded, for each block of Category IA or IA-N land, any rights or interests in that block that are registered at the office pursuant to these Regulations;

• (d) an index of buildings in which is recorded, for each building situated on Category IA or IA-N land, any rights or interests in that building that are registered at the office pursuant to these Regulations; and

• (e) a deposit index in which is recorded, in chronological order, each document referred to in section 36 that is received at the office for deposit under that section.

Land Registry Plans

• 17 (1) The central land registrar shall arrange for the preparation of a land registry plan for the Category IA or IA-N land of each band.

• (2) A land registry plan shall show the full area of the Category IA or IA-N land of a band divided, as requested by the band, into numbered blocks based on existing land use, the natural features of the land, any land and resource use and planning by-laws made by the band pursuant to section 46 of the Act and any zoning by-law made by the band pursuant to section 47 of the Act.

• (3) A land registry plan for the Category IA or IA-N land of a band shall be drawn at a scale that is appropriate to accurately and clearly

  • (a) identify any rights and interests in the Category IA or IA-N land shown on the plan and in the buildings situated on that land, that have been registered or deposited in the local land registry office of the band pursuant to the Act and these Regulations as of the date of the deposit of the plan in the office; and

  • (b) depict the location of the boundaries of the land or buildings, or both, that are the subject of the rights and interests referred to in paragraph (a).

• (4) A land registry plan may consist of one or more sheets.

• (5) No land registry plan shall be deposited in a land registry office unless the plan has been approved, dated and signed by the appropriate local land registrar and the central land registrar.

• (6) No registrar shall approve a land registry plan unless the plan accurately and clearly

  • (a) identifies, by the CRINA number, any rights or interests in the Category IA or IA-N land shown on the plan or in the buildings situated on that land that are fully registered pursuant to these Regulations as of the date of the deposit of the plan; and

  • (b) depicts the location of the boundaries of the land or buildings or both, that are the subject of the rights and interests referred to in paragraph (a).

• (7) Any rights or interests under section 114 or 115 or subsection 117(1) or (2) of the Act and any rights or interests in Category II, II-N or III land within the boundaries of Category IA or IA-N land or in buildings situated on that Category II, II-N or III land shall be identified and depicted on the appropriate land registry plan to the extent possible based on the information that is available.

• (8) Where a right or interest

  • (a) in Category IA and IA-N land or in buildings situated thereon, other than those registered pursuant to these Regulations, or

  • (b) in land other than Category IA and IA-N land or in buildings situated on land other than Category IA and IA-N land,

  is identified and depicted on a land registry plan the identification and depiction of such a right or interest shall clearly differentiate it from a right or interest that is registered pursuant to these Regulations.

• (9) For greater certainty, the identification and depiction of a right or interest pursuant to subsection (7) or (8) does not constitute registration of the right or interest pursuant to these Regulations.

• (10) A copy of any land registry plan shall be maintained at the appropriate local land registry office and at the central land registry office.