Kitsumkalum Agreement-in-Principle
CHAPTER 4 –LAND TITLE
Federal Title Registration
1.
Federal land title and land registry laws, other than laws with respect to the survey and
recording of interests or estates that are owned by Canada and are in Kitsumkalum Lands, do
not apply to any parcel of Kitsumkalum Lands.
Land Title System
2.
3.
The Land Title Act does not apply to a parcel of Kitsumkalum Lands for which:
a)
no application has been made under the Land Title Act in accordance with the Final
Agreement for the registration of an indefeasible title;
b)
an application has been made under the Land Title Act in accordance with the Final
Agreement for the registration of an indefeasible title and that application has been
withdrawn or rejected; or
c)
the indefeasible title under the Land Title Act has been cancelled in accordance with the
Final Agreement.
If Kitsumkalum applies under the Land Title Act, in accordance with the Final Agreement, for
the registration of an indefeasible title to a parcel of Kitsumkalum Lands, then, effective from
the time of application and until the application has been withdrawn or rejected, or the
indefeasible title is cancelled, the Land Title Act, but not any Kitsumkalum Law with respect to
land title or land registration made pursuant to the Final Agreement, applies to the parcel.
Application for Registration of Indefeasible Title
4.
Only Kitsumkalum may apply under the Land Title Act for the initial registration of an
indefeasible title to a parcel of Kitsumkalum Lands for which no indefeasible title is registered
at the time of application, and such application may be made in the name of Kitsumkalum or on
behalf of another person.
5.
Kitsumkalum will, as soon as practicable after the Effective Date, apply for the registration of
indefeasible title under paragraph 4 to those parcels of Kitsumkalum Lands for which no
indefeasible title is registered and for which Kitsumkalum has granted a Tenure or replacement
Tenure identified in Appendix C-1, C-2 and C-4.
Land Title Fees
6.
If Kitsumkalum applies for the registration of an indefeasible title to a parcel of Kitsumkalum
Lands for which no indefeasible title has been registered after the Effective Date, and the
proposed registered owner in fee simple is Kitsumkalum, a Kitsumkalum Corporation, or a
Kitsumkalum Public Institution, no land title fees are payable with respect to the application by
which the proposed registered owner becomes the registered owner.
Kitsumkalum Certificate
7.
Kitsumkalum, when applying for the registration of an indefeasible title to a parcel of
Kitsumkalum Lands under paragraph 4, will provide to the Registrar:
a)
a description of the boundaries of the parcel;
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