Kitsumkalum Agreement-in-Principle
b)
c)
8.
a certificate of the Kitsumkalum Government certifying that, on the date of the
Kitsumkalum Certificate, the person named as the owner in fee simple in the
Kitsumkalum Certificate is the owner of the estate in fee simple of the parcel, and
certifying that the Kitsumkalum Certificate sets out all:
i)
subsisting conditions, provisos, restrictions, exceptions, and reservations
contained in the original or any other conveyance or disposition from
Kitsumkalum whether in favour of Kitsumkalum or another person;
ii)
interests or estates; and
iii)
charges with respect to a debt owed to Kitsumkalum, to which the estate in fee
simple of the parcel is subject; and
registrable copies of all documents necessary to register all of the items referred to in
subparagraph 7(b).
A Kitsumkalum Certificate will expire if:
a)
within seven days of the date of the Kitsumkalum Certificate, Kitsumkalum has not
made an application for registration of an indefeasible title to the parcel referred to in the
Kitsumkalum Certificate; or
b)
an application under subparagraph 8(a) has been made but that application has been
withdrawn or rejected.
Registration of Indefeasible Title
9.
If Kitsumkalum makes an application for the registration of indefeasible title to a parcel of
Kitsumkalum Lands under paragraph 4, and if the Registrar is satisfied that:
a)
a good safe holding and marketable title in fee simple for the parcel has been established
by Kitsumkalum;
b)
the boundaries of the parcel are sufficiently defined by the description provided by
Kitsumkalum;
c)
all of the estates, interests, and other charges set out in the Kitsumkalum Certificate are
registrable under the Land Title Act; and
d)
the Kitsumkalum Certificate has not expired under paragraph 8,
then the Registrar must:
10.
e)
register the indefeasible title to the parcel;
f)
make a note on the indefeasible title that the parcel is Kitsumkalum Lands and may be
subject to conditions, provisos, restrictions, exceptions, and reservations in favour of
Kitsumkalum or another person;
g)
register as charges the estates and interests set out in subparagraph 7.b)ii) and the other
charges set out in subparagraph 7.b)iii); and
h)
provide a copy of the indefeasible title to Kitsumkalum.
The Registrar is entitled to rely on, and is not required to make any inquiries with respect to, the
matters certified in the Kitsumkalum Certificate and a person deprived of an estate, interest,
condition, proviso, restriction, exception or reservation, in or to a parcel of Kitsumkalum Lands
Page 42 of 140