Kitsumkalum Agreement-in-Principle
as a result of the reliance by the Registrar on the Kitsumkalum Certificate, and the issuance by
the Registrar of an indefeasible title based on the Kitsumkalum Certificate, will have no
recourse, at law or in equity, against the Registrar, the Assurance Fund established under Part
19.1 of the Land Title Act or British Columbia or Canada.
11.
No title adverse to, or in derogation of, the title of the registered owner of a parcel of
Kitsumkalum Lands under the Land Title Act will be acquired by length of possession and, for
greater certainty, subsection 23(4) of the Land Title Act does not apply with respect to
Kitsumkalum Lands.
Cancellation of Indefeasible Title
12.
Kitsumkalum, and no other person, may apply under the Land Title Act in accordance with this
Chapter for cancellation of the registration of an indefeasible title to a parcel of Kitsumkalum
Lands.
13.
Kitsumkalum, when applying under the Land Title Act in accordance with this Chapter for the
cancellation of the registration of an indefeasible title to a parcel of Kitsumkalum Lands, will
provide to the Registrar an application for cancellation of registration and will deliver to the
Registrar any indefeasible title that may have been issued with respect to that parcel.
14.
Upon receiving an application from Kitsumkalum for cancellation of the registration of an
indefeasible title to a parcel of Kitsumkalum Lands under paragraphs 12 and 13, and if:
a)
the registered owner of the estate in fee simple to the parcel is Kitsumkalum, a
Kitsumkalum Corporation, a Kitsumkalum Public Institution, and consents in writing;
and
b)
the indefeasible title to the parcel is free and clear of all charges, except those in favour
of Kitsumkalum,
then the Registrar will cancel the registration of the indefeasible title.
Page 43 of 140