“general abstract”
« répertoire général »

1. The definitions “general abstract” and “parcel abstract” in section 1 of the First Nations Land Registry Regulations (see footnote 1) are replaced by the following:

“general abstract”, in respect of a reserve, means an electronic abstract of registered interests — or, in Quebec, registered rights — and recorded documents that affect all lands on the reserve.

“parcel abstract” means an electronic abstract of registered interests — or, in Quebec, registered rights — and recorded documents that affect an individual parcel of first nation lands.

2. The portion of section 4 of the Regulations before paragraph (a) is replaced by the following:

Limitation on activities

4. Neither the Registrar nor any employee of the First Nations Land Registry shall express an opinion about any interest, right or licence in first nation land, including whether

3. Section 7 of the Regulations is replaced by the following:

Registrar’s certificate

7. On request, the Registrar shall issue a certificate indicating all the interests registered — or, in Quebec, all the rights registered — and other documents recorded on the abstract of a specified parcel of first nation land.

4. Paragraph 10(2)(d) of the Regulations is replaced by the following:

(d) if applicable, the date the document was executed — or, in Quebec, signed according to all the required formalities for its validity — or, if there is more than one date indicated, the most recent date;

5. (1) Paragraphs 17(1)(a) and (b) of the Regulations are replaced by the following:

(a) grant an interest — or, in Quebec, a right — in first nation land or a licence for a term of 10 or more years, other than an interest, right or licence granted to a member of the first nation,

(b) grant a strata title, a condominium interest — or, in Quebec, a divided co-ownership right — or any similar interest or right,

(2) Paragraph 17(1)(d) of the Regulations is replaced by the following:

(d) expropriate an interest — or, in Quebec, a right — in first nation land for a community work or other first nation community purposes under section 28 of the Act,

(3) Subsection 17(3) of the English version of the Regulations is replaced by the following:

Exception

(3) Subsection (1) does not apply to easements or, in Quebec, to servitudes.

6. Section 19 of the Regulations is replaced by the following:

Utilities

19. The Registrar shall not register or record a document that contains a textual description unless the document grants an interest — or, in Quebec, a right — in unencumbered land, or a licence to a utility company in respect of unencumbered land, for the purpose of providing service to the residents of a reserve.

7. Paragraph 22(1)(d) of the Regulations is replaced by the following:

(d) if applicable, the date the document was executed — or, in Quebec, signed according to all the required formalities for its validity — or, if there is more than one date indicated, the most recent date;

8. Sections 28 to 31 of the Regulations are replaced by the following:

Priority

28. (1) Subject to section 31, interests — or, in Quebec, rights — registered under these Regulations that affect the same parcel of first nation land have priority according to the time and date of the registration of the documents evidencing those interests or rights and not according to the time and date the documents were executed or, in Quebec, signed according to all the required formalities for its validity.

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 — or, in Quebec, a right — in first nation land.

Unregistered interests or rights

29. A registered interest — or, in Quebec, a registered right — affecting a parcel of first nation land is entitled to priority over an unregistered interest or right affecting the same parcel.

Revolving mortgages or hypothecs

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

Deferred priority

31. (1) In any province other than Quebec, 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.

In Quebec

(2) In Quebec, the holder of a registered right, or a person applying to register a right, may apply to record a postponement agreement that gives priority over the registered right to a specified right that was, or is to be, subsequently registered.

Priority on recording

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

9. Subsection 33(1) of the Regulations is replaced by the following:

Indian land registry records

33. (1) In any province other than Quebec, on receipt of notice of the coming into force of the land code of a first nation, the Registrar shall register or record in the Register every document relating to lands of that first nation that was registered in the Reserve Land Register or Surrendered and Designated Lands Register.

10. Section 34 of the Regulations and the heading before it are replaced by the following:

In Quebec

34. (1) In Quebec, on receipt of notice of the coming into force of the land code of a first nation, the Registrar shall register or record in the Register every document relating to lands of that first nation that was registered in the Reserve Land Register or Surrendered and Designated Lands Register.

Prior registered right

(2) A right registered under subsection (1) has priority over a right subsequently registered under these Regulations.

No relative priorities

(3) Subsection (2) shall not be interpreted to confer a priority on one right that was registered under subsection (1) over any other right that was also registered under that subsection.

11.These Regulations come into force on the day on which they are registered.