The following registration procedures are samples that have been developed by operational First Nations. You are encouraged to use them and modify as needed to suit your specific needs within your Land Governance office.

The registration procedures are to work in conjunction with the FNLRS Users Guide, Templates & Checklist sections of this booklet. If you require assistance please contact your FNLMRC support technician.

  • Researching PAR, and parent PINs and supporting documents (challenges in proper research)
  • Survey changes – Remainder lots, work with Tania to ensure language identifies LC processes include updating all parcels involved subdivision requests

NOTE FOR FIRST NATIONS IN QUEBEC

The examples provided come from common law jurisdictions and will need to be adapted according to the particular circumstances in Quebec with respect to bi-jural concepts. It is recommended that First Nations in Quebec seek additional assistances from the Land Advisory Board Resources Centre.

When reviewing an instrument for registration, it is important for the Land Governance office to cross reference the transaction with other policy and law that may be in effect by the First Nation.

Please find sample CHECKLISTS for the following transactions in Attachment D:

  • Transfer of Interest/Land Rights (QC)
  • Lease
  • Lease & Mortgage/Hypothec (QC))
  • Sublease
  • Assignment of Sublease
  • Easement/Servitude (QC), Permit, Licence

These samples have been designed to be customized by the First Nation and recommend that new checklists be created to cover other transactions that require registration.

A list of registered/recorded instruments available in the FNLRS have been included for your reference (see Attachment F).

LANDS REGISTER FEE SCHEDULE
Registration fees can be charges as an additional revenue to support your Land Governance office. Be sure to take into consideration the amount of transaction and the time it takes to process the application when developing your fee schedule. You can also look to other First Nation websites to be comparable. (see Attachment G)

 

5 a. LEASING PROCESS
All developments on reserve lands should have a formal registered lease to protect the CP Holder or First Nation, as well as the Proponent.

NOTE FOR FIRST NATIONS IN QUEBEC

In Quebec a lease is not considered a land right, but for the purposes of the Framework Agreement and the law respecting First Nations Land Management, the rights of a tenant are deemed to be so. 

What is a Lease?

A lease is a legal binding contract that;

  • allows someone to use a parcel of land exclusively for a specific period to time and for a specific rent;
  • grants an interest/land right (QC) in the parcel of land (for a longer period of time);
  • can be assigned to another person or company; and
  • cannot be cancelled at will.

Some common types of leases are:

  • Commercial (Shopping Centers, Retail Outlet)
  • Residential (Single family, Multi family, Duplexes, Apartments)
  • Recreational (Race track, Sports fields, Beach front lots)
  • Agriculture (Tree farm, Crops).

A lease needs to include this information:

  • Grantor / Grantee
  • Term (extent and duration of lease)
  • Purpose (what the land is used for)
  • Parcel of Land description (legal survey description)
  • Rent (amount of money paid for using the parcel of land)
  • Rent Review (if not pre-paid)

The lease will be drafted by the party’s lawyers as negotiated.

FIRST STEP: Negotiations

Negotiations will begin between the CP Holder and/or First Nation and the Proponent to determine the proposed use of the land(s), rent(s) and term(s) (taking into consideration the First Nation bylaws/laws such as: New Development & Subdivision; Land Use & Zoning; and/or Property Taxation, as applicable to land management).

Community Approvals

A lease with a term over “X” years on community held lands may require a First Nation Membership Vote and Approval at a Special Meeting, as per section “X” Land Code.

ADDITIONAL STEPS

These next steps can be done simultaneously:

Survey

A measurement of a parcel of land, conducted by a Canada Lands Surveyor, that outlines the size of a parcel of land, boundaries, ground contours and where improvements or alterations have been made. The end result is a legal survey plan. For example: Plan 69966 CLSR

Appraisal

A written statement of market value or value as defined by the appraiser, of an adequately described parcel of land for a specific date and proposed use which is supported by relevant data (such as the value of a commercial Lease for 49 years on 10 acres of reserve).

The Proponent and/or CP Holder or First Nation hires an Appraiser to conduct the appraisal based on a Terms of Reference (see Attachment D for sample). This report is the basis for negotiating the rent of the lease.

Service Agreement

To obtain a service agreement, the Proponent must negotiate with the Municipality and/or First Nation. This agreement covers services that the Municipality or First Nation will provide which may include water, sewer, solid waste disposal, police and fire protection.

Engineering Requirements (based on either Provincial or Federal Codes or a combination of both).

A complete Conceptual Engineering Study & conceptual Drawings package is required in order to determine the viability of the proposed development. This will be submitted to Land Governance office and most likely the Municipality will want a copy if they are providing services.

A Final Design will have to be deemed satisfactory by Land Governance office before the Consent to Construct or Building Permit is issued.

General Engineering Requirements (Conceptual):

  • General – Professional Seal and Signature, General Plans (location plan), Geotechnical Assessment, Off-Site Work
  • Building – Building plans (conceptual plan and elevations of proposed buildings)
  • Water Service – Water design drawings, Hydrant locations, water main looping, water service agreement
  • Sanitary Service – Design Drawings, service from existing system, service agreement, in-ground sewage disposal
  • Drainage – Storm water Management plan, Disposal, 200 year Flood level
  • Road – Conceptual Road Design Drawings, Utilities in Public Road, Access Permit
  • Fire Protection – Service Agreement, First Nation’s Fire Fighting Capability
  • Utilities – Service Agreements

Environmental Impact Assessment (EIA)

An EIA is a process to identify and evaluate all potential environmental impacts on the land that may occur as a result of the planned project. The EIA report will be completed according to the Canadian Environmental Assessment Act and the Species at Risk Act.

An EIA is a tool used to: promote sustainable development; identify environmental impacts of a project; provide for public participation and input; and minimize negative impacts (and maximize positive impacts) before projects start “mitigation measures”.

Completion of the Lease

Both parties must sign the lease (Proponent and the CP Holder or First Nation).

The lease must be registered in the First Nations Land Registry System (and the First Nation’s Duplicate Registry System if applicable).

 

5 b. BEST PRACTICES FOR A LEASE ON COMMUNITY LANDS

As procedures and laws are developed, you will need to ensure that the processes align with the First Nation’s organizational structure and voting processes within the Land Code.

Initial Application

  1. Preparation for lease – Proponent obtains leasing package from Land Office outlining the First Nations procedures and applicable land development, zoning and land use laws and environmental procedures.
  2. Proponent provides application conceptual proposal to the Land Governance office.
  3. Land Governance office reviews application for:
    1. completeness
    2. basic First Nation servicing issues (internal department reviews)
    3. Land Use to ensure it conforms with zoning regulations
      (if not, an application for Rezoning or Land Use amendment is required)
  4. Land Governance office brings application to the lands committee for recommendations to Council.
  5. If Council proceeds with application, the Land Governance office coordinates a meeting for the proponent to present and begin negotiations with Chief and Council.

Development Procedures

  1. The Land Governance office determines if the proposed Land Use conforms to zoning regulations (if applicable). If it does not, an application for Rezoning or Land Use Amendment is required.
  2. The proponent pays required fees and submits the appropriate applications and checklists:
    1. Rezoning (if required)
    2. Rezoning Checklists (if required)
    3. Development Application
    4. Development Checklist
  3. The proponent provides a Community Benefit Summary (for subdivisions or development of more than (>) 4 lots or units for sale or lease to non-Members). In addition to increases to the property tax base, the proponent must provide a summary of all proposed benefits to the community. This could include donations equal to or greater than 5% of project value, or dedications of land or facilities for park, recreation or housing or a donation of cash in lieu; green space; trails; sidewalks; street lights; training or development opportunities for members; etc.
  4. The proponent submits General Engineering Requirements for Land Development on Reserve Lands including provision of all plans, documents, and professional seals and signatures as set out in the General Engineering Requirements.
  5. The proponent provides copies of all required environmental assessments and reports as per General Terms of Reference for Environmental Assessments and Archaeological Impact Assessment (AIA) including copies of all required archaeological impact assessments and reports as per the First Nation’s Heritage Policy Manual.
  6. The proponent provides the following:
    • Appraisal: For new sub-divisions, multi-family, commercial or industrial developments, an appraisal of the current market value of the land;
    • A copy of a credit check from within the past 7 days or authorization for First Nation to carry out a credit check;
    • A signed statement that the developer or applicant is solvent, is not bankrupt, and knows of no reason why they would have insufficient funds to complete the development or activity;

Proof of insurance including:

    • Comprehensive Public Liability Insurance and Property Damage Insurance providing coverage of at least $5,000,000 inclusive against liability for bodily injury or death and/or damage to property on an all risk occurrence basis;
    • Motor Vehicle Insurance for public liability and property damage providing coverage of at least $5,000,000 inclusive on owned, non-owned or hired vehicles;
    • Completed operations coverage on all-risk occurrence basis of at least $5,000,000 inclusive against liability for bodily injury, death and/or damage to property of others arising out of the existence of any condition in the works when completed or any installation or repair operations during the period of 12 calendar months next ensuing after the issuance of a certificate of substantial completion by the First Nation;
    • Confirmation in all of the above policies of insurance (except motor vehicle insurance) that the First Nation is a named insured, and in all policies of insurance that they contain a provision that the insurance shall apply as though a separate policy has been issued to each name insured;
    • Confirmation in all of the above policies that each contractor engaged in the works shall be named as an additional insured in respect of the performance of the works, and each such policy shall provide that no expiry, cancellation or materials change in the policy shall become effective until after thirty days’ notice of such cancellation or change shall have been given to the First Nation by registered mail.
    • Signed confirmation that the applicant will maintain all of the above policies until the development and the works have received final acceptance.

Bonds require the following:

    • Posting of a performance bond or irrevocable letter of credit from a bank in a form acceptable to the First Nation in the amount of $__________ (120% of the estimated cost) to ensure the completion of the development and installation of infrastructure and improvements (this bond or letter of credit is in addition to any bonds or letters of credit required by the local municipality for off-site works); and
    • Posting of a maintenance bond or irrevocable letter of credit from a bank in a form acceptable to the First Nation in the amount of $__________ (10% of the estimated cost) for a period of one year following to ensure maintenance of the works and services and to correct any deficiencies discovered during the first year of operations.

The following Legal Documents are required:

    • First Nations Lands Registry search that is less than 30 days old;
    • A copy of all draft or final executed leases, sub-leases, assignments, etc.;
    • A copy of all encumbrances/charges (QC), , easements/servitudes (QC) including rights of way, licences;
    • A copy the CLSR plan;
    • A copy of all existing and proposed subdivisions, and draft surveys;
    • A signed and witnessed agreement to indemnify the First Nation against any loss or damage in relation to the subdivision, development or activity; and
    • Confirmation of right of entry for the First Nation and all authorized officials to inspect the site and any structures or infrastructure
  1. Temporary Use Permit (if required) – see sample permits under Attachment “D”
  2. The Land Governance office refers application and documents to the following departments as appropriate:
    1. Public works
    2. Lands Advisory Committee
    3. Environmental Consultant
    4. Engineering Consultant
    5. Archaeological Consultant
    6. Ministry of Transportation (if under MOT roads jurisdiction)
    7. Department of Fisheries and Oceans
    8. Health Canada; and
    9. Local Municipalities
  3. If lease term requires community approval according to the Land Code, prepare information packages and coordinate meetings. (i.e. refer to section on community ratification process for 49 year lease, if applicable).
  4. Providing that all requirements, regulations and laws have been satisfied, the Land Governance office gives notification to the proponent that the application is ready to be considered by the First Nation Council for initial decision.

Rezoning, Land Use Amendment, Temporary Use Permit (if required) and Subdivision Application

  1. Council reviews the Rezoning, Land Use Amendment, Temporary Use Permit Application and/or Subdivision Application information and the recommendations compiled by the Land Governance office, and Council decides to decline the application or accept it with or without conditions.
  2. If Council approves the application, the Land Governance office provides confirmation to the proponent.

Conceptual Development Plan – Approval in Principle

  1. The applicant provides any additional information requested by the Land Governance office and, if they have not done so yet, the applicant provides detailed survey plans and engineering.
  2. Council reviews the information and the recommendations compiled by the Land Governance office and Council decides to decline the application or accept it, with or without conditions.
  3. If Council approves the application, the Land Governance office gives the Approval in Principle and provides confirmation to the applicant.
  4. The applicant may begin laying out the subdivision or development but cannot begin construction until Council grants a Development Permit.

Substantial Completion

  1. The applicant provides any available as-built plans and drawings and a certified statement from a registered professional and requests confirmation of substantial completion.
  2. Provided the certified statement from the registered professional building inspector is in order, the Land Governance office issues a notice of substantial completion and notifies the applicant.
  3. The Land Governance office releases the performance bond but retains 10% maintenance bond for one year.

Completion

  1. The applicant provides all outstanding as-built drawings and plans and certified completion documents from certified professionals.
  2. Provided the certified statement from the registered professional is in order, the Land Governance office registers the as-built documents and a notice of completion and notifies the applicant.
  3. If there are no defaults or unaddressed maintenance issues, the Land Governance office releases the remaining 10% maintenance bond within one year after the notice of substantial completion.

5 c. REGISTRATION OF LEASE
The following steps (5c to 5k) are provide to assist the Land Governance office in processing instruments and documents for registration in the First Nation Land Registry System (FNLRS). Sample registry checklists are provided under Attachment “D”.

  1. Get confirmation that there are no outstanding Property Taxes on the parcel. *Note: you cannot register if the Lease has outstanding issues or property taxes.
  2. Print and Review Parcel Abstract Report *Note: you cannot register a Lease if there is an outstanding notice/lien on the property. Ensure there are no outstanding issues.
  3. Make sure you have at least one (1) signed original copy of the Lease for your lands files and one signed Council consent, if applicable along with the application. *Note: the Notary or Law office should sign the application as the Applicant’s Agent. If it is not, have them come into the office and sign or send a signed scanned copy of the first page of the application. Complete the Lease checklist (for the instrument date, use the date on the Legal Document not the application) *Note: you cannot register if the instrument is predated.
  4. Get Land Governance Director to approve and sign all the documents.
  5. Scan documents to .pdf and save file to server.
  6. Open Citrix XenApp & log in, Open ILRS (FNLRS).
  7. Go to Instruments Tab & Click on Add Instrument.
  8. Complete online application. *if required include additional information into the remarks field.
  9. Save.
  10. Print application.
  11. Upload file. Once uploaded, click on the Edit button and change the Status of the Instrument to RECEIVED to send.
  12. File in pending files.
  13. Once registered, make sure the instrument is correct on the Parcel Abstract Report and print.
  14. Stamp each original with registration number and registration date.
  15. File one copy and send the rest back with the new Parcel Abstract Report and receipt.
  16. Update the First Nations Electronic Lands Inventory.

NOTE FOR FIRST NATIONS IN QUEBEC

The First Nations Land Registry Regulations (SOR/2007-231) explains at s.22(1)d that the registrar must record in the Registry the date the document was executed/signed according to all the required formalities for its validity (QC) or, if there is more than one date indicated, the most recent date.

 

5 d. SUBLEASE

  1. Get confirmation that there are no outstanding Property Taxes *Note: you cannot register if the Lease has outstanding issues or property taxes.
  2. Print and Review Parcel Abstract Report *Note: you cannot register a Sublease if there is an outstanding notice/lien on the property. Ensure there no outstanding issues.
  3. Make sure you have at least one (1) signed original copy of the Lease for your lands files and one signed Council consent, if applicable along with the application. *Note: the Notary or Law office should sign the application as the Applicant’s Agent. If it is not, have them come into the office and sign or send a signed scanned copy of the first page of the application. Complete the Lease checklist (for the instrument date, use the date on the Legal Document not the application) *Note: you cannot register if the instrument is predated.

NOTE FOR FIRST NATIONS IN QUEBEC

The First Nations Land Registry Regulations (SOR/2007-231) explains at s.22(1)d) that the registrar must record in the registry 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.

  1. Complete the Sublease checklist (for the instrument date, use the date on the Assignment not the application) *Note: you cannot register if the instrument is predated.
  2. If pre-land code lease, print and fill out the Ministerial Consent (if required) for that development. *Note: transactions on any pre-land code leases may require ministerial consent. Since the First Nation now acts as the Minister they will need to develop a consent form/stamp for this approval. See sample in Attachment “D”.
  3. Get Land Governance Director to approve and sign all the documents.
  4. Scan documents to .pdf and save file to server.
  5. Open Citrix XenApp & log in, Open ILRS (FNLRS).
  6. Go to Instruments Tab & Click on Add Instrument.
  7. Complete online application. *Enter sublease # and/or lease # into the remarks field.
  8. Save.
  9. Print application.
  10. Upload file. Once uploaded, click on the Edit button and change the Status of the Instrument to RECEIVED to send.
  11. File in pending files.
  12. Once registered, make sure the instrument correct on the Parcel Abstract Report and print.
  13. Stamp each original with registration number and registration date.
  14. File one copy and send the rest back with the new Parcel Abstract Report and receipt.
  15. Update the First Nations Electronic Lands Inventory.

 

5 e. ASSIGNMENT OF SUBLEASE

  1. Get confirmation that there are no outstanding Property Taxes *Note: you cannot register an Assignment if the owners have outstanding property taxes. Also, if you are unable to contact anyone in the Taxation department, you can ask the Law/Notary Office for confirmation and send you a copy of the Tax Search.
  2. Print and Review Parcel Abstract Report *Note: you cannot register an Assignment if there is a notice/lien on the property. Ensure there no outstanding issues.
  3. Make sure you have at least one (1) signed original copy of Assignment of Sublease for your files and one signed original Homeowners consent, if applicable along with the application. *Note: if it states in the cover letter that they will be providing our office with a discharge of mortgage as soon as it is received from the Bank, you must register the cover letter along with the other documents. *Note: the Notary or Law office must sign the application as the Applicant’s Agent, if it is not, have them send you a signed scanned copy of the first page of the application.

NOTE FOR FIRST NATIONS IN QUEBEC

The First Nations Land Registry Regulations (SOR/2007-231) explains at s.22(1)d) that the registrar must record in the registry 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.

  1. Complete an Assignment of Sublease checklist (for the instrument date, use the date on the Assignment not the application) *Note: you cannot register if the instrument is predated.
  2. If pre-land code lease, print and fill out the Ministerial Consent (if required) for that development. *Note: transactions on any pre-land code leases may require ministerial consent. Since the First Nation now acts as the Minister they will need to develop a consent form/stamp for this approval. See sample in Attachment“D”.
  3. Get Land Governance Director to approve and sign all the documents.
  4. Scan documents to .pdf and save file to server.
  5. Open Citrix XenApp & log in, Open ILRS (FNLRS).
  6. Go to Instruments Tab & Click on Add Instrument.
  7. Complete online application. *Note: enter sublease # and/or lease # into the remarks field.
  8. Save / Print application.
  9. Upload file. Once uploaded, click on the Edit button and change the Status of the Instrument to RECEIVED to send.
  10. File in pending files.
  11. Once registered, make sure the instrument is correct on the Parcel Abstract Report and print.
  12. Stamp each original with registration number and registration date.
  13. File one copy and send the rest back with the new Parcel Abstract Report and receipt.
  14. Update the First Nations Electronic Lands Inventory.

 

5 f. MORTGAGE/HYPOTHEC OF SUBLEASE

  1. Get confirmation that there are no outstanding Property Taxes *Note: you cannot register a Mortgage/Hypothec (QC) if the owners have outstanding property taxes. Also, if you are unable to contact anyone in the Taxation department, you can ask the Law/Notary Office for confirmation.
  2. Print and Review Parcel Abstract Report *Note: you cannot register a Mortgage if there is a notice/lien on the property. Ensure there no outstanding issues.
  3. Make sure you have at least one (1) signed original copy of Form 03 – Mortgage and the Mortgage terms for our files.
  4. Complete a Mortgage/Hypothec (QC) of Sublease checklist (for the instrument date, use the date on the application) *Note: you cannot register if the instrument is predated. If registering an Assignment and a Mortgage/Hypothec (QC), register the Assignment first.

NOTE FOR FIRST NATIONS IN QUEBEC

The First Nations Land Registry Regulations (SOR/2007-231) explains at s.22(1)d) that the registrar must record in the registry 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.

  1. If pre-land code lease, print and fill out the Ministerial Consent for that development. *Note: transactions on any pre-land code leases may require ministerial consent. Since the First Nation now acts as the Minister they will need to develop a consent form/stamp for this approval. See sample in Attachment “D”.
  2. Get Land Governance Director to approve and sign all the documents.
  3. Scan documents to .pdf and save file to server.
  4. Open Citrix XenApp & log in.
  5. Go to Open ILRS (FNLRS).
  6. Go to Instruments Tab & Click on Add Instrument.
  7. Complete online application. *Note: Enter sublease # and/or lease # into the remarks field.
  8. Save.
  9. Print application.
  10. Upload file. Once uploaded, click on the Edit button and change the Status of the Instrument to RECEIVED to send.
  11. File in pending files.
  12. Once registered, make sure the instrument is correct on the Parcel Abstract Report and print.
  13. Stamp each original with registration number and registration date.
  14. File one copy and send the rest back with the new Parcel Abstract Report and receipt.
  15. Update the Lenders Spreadsheet.

 

5 g. DISCHARGE OF MORTGAGE/HYPOTHEC

  1. Print and Review Parcel Abstract Report.
  2. Make sure you have at least one (1) original copy of application signed by Lender.
  3. Complete a Discharge of Mortgage/Hypothec (QC) checklist (for the instrument date, use the date on the application) *Note: you cannot register if the instrument is predated. *Note: the Mortgagee/hypothecary creditor (QC) is always the Bank.

NOTE FOR FIRST NATIONS IN QUEBEC

The First Nations Land Registry Regulations (SOR/2007-231) explains at s.22(1)d) that the registrar must record in the registry 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.

  1. Get Land Governance Director to approve and sign all the documents.
  2. Scan documents to .pdf and save file to server.
  3. Open Citrix XenApp & log in.
  4. Go to Open ILRS (FNLRS).
  5. Go to Instruments Tab & Click on Add Instrument.
  6. Complete online application. *Enter sublease # and/or lease # and the discharge of mortgage/hypothec #________ into the remarks field.
  7. Save.
  8. Print Application.
  9. Upload file. Once uploaded, click on the Edit button and change the Status of the Instrument to RECEIVED to send.
  10. File in pending files.
  11. Once registered, make sure the instrument is correct on the Parcel Abstract Report and print.
  12. Stamp each original with registration number and registration date.
  13. File one copy and send the rest back with the new Parcel Abstract Report and receipt.

 

5 h. DEATH CERTIFICATE

  1. Print and Review Parcel Abstract Report.
  2. Make sure you have at least one (1) signed original copy of application and/or the original Death Certificate or a certified true copy of the Death Certificate.
  3. Complete a Death Certificate checklist (for the instrument date, use the date on the Death Certificate).
  4. Get Land Governance Director to approve and sign all the documents.
  5. Scan documents to .pdf and save file to server.
  6. Open Citrix XenApp & log in.
  7. Go to Open ILRS/FNLRS.
  8. Go to Instruments Tab & Click on Add Instrument.
  9. Complete online application. *Note: Enter sublease # and/or lease # into the remarks field and write Transfer to surviving tenant if it is in joint tenancy in the Remarks field. If it is tenants in common then you can register the death certificate to the ESTATE OF the deceased person. Or the owners of the interests/land rights (QC) can wait to sell and then register the probate with the assignment.
  10. Save.
  11. Print Application.
  12. Upload file. Once uploaded, click on the Edit button and change the Status of the Instrument to RECEIVED to send.
  13. File in pending files.
  14. Once registered, make sure the instrument is correct on the Parcel Abstract Report and print.
  15. Stamp each original/copy with registration number and registration date.
  16. File the original copy and send back a photocopy or extra copies with the new Parcel Abstract Report and receipt.
  17. Update the First Nation Lands Inventory.

NOTE FOR FIRST NATIONS IN QUEBEC

The concepts of “tenancy in common” and “joint tenancy” are common law principles that do not translate directly into the civil law. Instead, the civil law refers to “undivided co-ownership” whereby several persons jointly and at the same time own the same property that is not physically divided up. “Undivided” co-owners each have a share in the single right of ownership in the undivided property. This concept most closely relates to “tenancy in common”.

There is no equivalent civil law concept to the common law’s concept of “joint tenancy”. In common law, joint tenancy provides for a right of survivorship whereby the deceased’s share of the property devolves (or is transferred) to the surviving co-owner. In civil law, the undivided co-owner’s share is instead transmitted to the person’s heirs or legatees.

 

5 i. NOTICE

  1. Print and Review Parcel Abstract Report.
  2. Make sure you have at least one (1) signed original copy of Form 04 – Other Registerable Instruments and one (1) original copy of the Notice (or Equitable Charge) to be registered for our files.
  3. Complete a Notice checklist (for the instrument date, use the date on the Notice or Equitable Charge) *Note: you cannot register if the instrument is predated.
  4. Get Land Governance Director to approve and sign all the documents.
  5. Scan documents to .pdf and save file to server.
  6. Open Citrix XenApp & log in.
  7. Go to Open ILRS (FNLRS).
  8. Go to Instruments Tab & Click on Add Instrument.
  9. Complete online application. *Enter sublease # and/or lease # and enter the Expiration date of the Notice in the remarks field *Note: for an Equitable Charge the Expiration Date is the same as the Expiration Date of the Lease.
  10. Save.
  11. Print Application.
  12. Upload file. Once uploaded, click on the Edit button and change the Status of the Instrument to RECEIVED to send.
  13. File in pending files.
  14. Once registered, make sure the instrument is correct on the Parcel Abstract Report and print.
  15. Stamp each original with registration number and registration date.
  16. File one copy and send the rest back with the new Parcel Abstract Report and receipt.

 

5 j. GRANT OF PROBATE

Contact the law/notary office that submitted the document for registration for assistance and clarification and INAC FNLRS Registrar – phone (819) 953-0614.

 

5 k. SEVERING A JOINT TENANCY

A joint tenancy may be severed (changed to an interest held in tenancy in common) at any time in the following way:

  1. A joint tenant may transfer in writing his/her interest to any other band member or to the band without being required to obtain the consent of the other joint tenant(s). A joint tenant may not transfer his/her interest to his/her self in order to sever the joint tenancy;
  2. All joint tenants may enter into a written agreement to hold the interests as tenancy in common.

So, you could use the following instruments to sever the joint tenancy: transfer, agreement or a letter.

*Note: If both individuals want to sever their joint tenancy, then it would be a good idea to get signatures from both individuals.

NOTE FOR FIRST NATIONS IN QUEBEC

The concepts of “tenancy in common” and “joint tenancy” are common law principles that do not translate directly into the civil law. Instead, the civil law refers to “undivided co-ownership” whereby several persons jointly and at the same time own the same property that is not physically divided up. “Undivided” co-owners each have a share in the single right of ownership in the undivided property. This concept most closely relates to “tenancy in common”.

There is no equivalent civil law concept to the common law’s concept of “joint tenancy”. In common law, joint tenancy provides for a right of survivorship whereby the deceased’s share of the property devolves (or is transferred) to the surviving co-owner. In civil law, the undivided co-owner’s share is instead transmitted to the person’s heirs or legatees.

 

5 L. CERTIFICATE OF INCAPABILITY

Contact the law/notary office that submitted the document for registration for assistance and clarification and INAC FNLRS Registrar – phone (819) 953-0614.