First Nations Land Registry Regulations (SOR/2007-231)

Marginal note:Notification

23 On the registration or recording of a document, the Registrar shall notify the applicant and the 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 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 — 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.

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

Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Transition to Priority System

Marginal note:Prior registered interest

• 32 (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.

Marginal note: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.

• Marginal note:Prior registered interest

  (2) An interest registered under subsection (1) has priority over an interest subsequently registered under these Regulations.

• Marginal note:No relative priorities

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

Marginal note: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.

• Marginal note:Prior registered right

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

• Marginal note: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.