Individual interests/land rights (QC) are rights given to individual First Nation members to use, occupy and possess specific parcels of land according to laws developed by communities under their Land Code. The following has been based on operational First Nation’s procedures that have chosen to continue to issue the Certificate of Possession (CP).
ALLOTMENT OF LAND
What is an allotment?
An allotment is the process by which a member receives lawful possession of reserve land commonly in the form of a document known as a CP.
PROCEDURES – SAMPLE 1
- The Land Governance office receives a request for an ALLOTMENT.
- The Land Governance office must obtain PROOF OF MEMBERSHIP from the membership clerk or valid Status Card to ensure the individual(s) are entitled to the CP or Allotment. Proof of Membership is required from all First Nations under Section 10 of the Indian Act.
- There must be an up to date legal description and survey for the parcel to be Allotted. If there is not a sufficient legal description, arrange for a survey to be completed by a certified Canada Lands Surveyor.
- Once PROOF OF MEMBERSHIP or Status Card is received:
- Complete a Land Status Report to see if there are any encumbrances/charges (See Attachment K – Encumbrance/Charges Checklist) and that there is proper access to the parcel.
- Complete the Allotment of Land form (See Attachment H – Allotment Form), including the individual’s name, membership number (status number) and correct legal description that contains the lot number and survey plan number.
- Determine how the land will be held if there is more than one (1) interest/land right holder (QC); Joint Tenant or Tenants in Common.
- Joint Tenant – The holding of property by two (2) or more persons whereas upon the death of one (1) of the owners, the survivor(s) take ownership of the property. Under this arrangement, land interest cannot be willed.
- Tenants In Common – The holding of property by two (2) or more persons each of whom has an undivided interest which, upon his/her death, passes to heirs and not to the survivor(s).
- Attach a copy of the survey plan and the proof of membership or copy of status card to the Allotment form.
- If needed, draft a background note for Chief and Council.
- Submit the package to Chief and Council for signing.
- Once Allotment form has been signed and approved by Chief and Council:
- Ensure the package is submitted back to the Land Governance office.
- Update and enter information into the CP Tracking Spreadsheet.
- Create Certificate of Possession and save, as applicable.
- Print two CPs.
- Complete Allotment Checklist (See Attachment H – Allotment Checklist form).
- Register into the FNLRS (look to Instrument Instructions).
- If the Land Governance office has delegated authority, sign at least one CP, otherwise, submit to the appropriate signatory, such as Chief and Council.
- File originals, including checklist, copy of CP, Allotment and application and any supporting documents in the Individual Land Holding (ILH) file or create file, as applicable.
- Deliver one originally signed copy of the CP to the individual landholder along with an updated parcel abstract and a copy of the survey plan.
FORMS & TEMPLATES
The following Forms and Templates are samples from Operational First Nations that are meant to be used and modified to meet you specific needs (see Attachment H):
- CP Original – for use when issuing certificate to individual
- CP Database – to be used by the Land Governance office to track issuance of CPs
- Housing Allotment Form – to be used as an internal document that tracks the progress and required cross-departmental approvals
- Parcel of Land Purchase Approval Form – to be used as an internal document that tracks the progress and required cross-departmental approvals
Note concerning terminology:
The First Nations Land Management Regime does not provide for individual ownership of land, but rather the acquisition of an interest or land right in the land that provides for possession, occupation and the use of the specific parcel of land.
- Locatee Parcel of Land Purchase Approval Form – to be used as an internal document that tracks the progress and required cross-departmental approvals
- FORM 01 – CP Allotment by First Nation – sample format for Council to issue a CP
- SAMPLE BCR – sample format for Council to issue a CP
- NOTICE OF ALLOTMENT – to be developed
- Add Conflict of Interest (one pager INAC coming soon) also include a spot in the Checklist
Registry Forms (see Attachment E)
- FORM – Request for Replacement of Title
- FORM 01 – Transfer CP