Lands Registry Regulation

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1 First Nation of Nacho Nyak Dun Lands Registry Regulation Land and Resources Department Adopted by Chief and Council, Resolution # , March 23, 2012

2 LANDS REGISTRY REGULATION Pursuant to section III of the Lands and Resources Act, the Council orders as follows: 1. This Lands Registry Regulation is hereby made. 2. This Order comes into force on March 23, Dated at Mayo, in the Yukon Territory, this day of. Chief First Nation of Nacho Nyak Dun Short Title 1. These Regulations may be cited as the First Nation of Nacho Nyak Dun Permit Regulations. Interpretation 2. In these Regulations; Act means the Nacho Nyak Dun Land and Resources Act; Adjudicative Panel means a panel which settles any disputes over decisions. Certificate of Occupation means the certificate granted under the Land Use Regulations; Citizen is a citizen as defined by the First Nation of Nacho Nyak Dun Constitution; Council is Council as defined by the First Nation of Nacho Nyak Dun Constitution; Encumbrance means any charge on land including mortgages, mortgage like instrument and builders liens; Instrument means any grant, certificate of possession, conveyance, assurance, deed, map, plan, will, probate or exemplification of probate of will, letters of administration, mortgage or encumbrance, or any other document in writing relating to or affecting the transfer or other dealings with land; Owner means any person or corporate body entitled to hold any registerable right or interest in Settlement Land; Registrar means an employee of the land registry having the authority to register or deny registration of instruments dealing or affecting land; Spouse means a person who is married to another by traditional, civil, or religious ceremony, 2

3 and includes a common-law spouse; Settlement Land means those lands granted to the First Nation of Nacho Nyak Dun pursuant to the First Nation of Nacho Nyak Dun Final Agreement. First Nation of Nacho Nyak Dun Obligations 3. The First Nation of Nacho Nyak Dun has the obligation to: a) Adequately fund the establishment and maintenance of the land registry; b) Ensure the independence of the land registry and Registrar from political influence; Office of the Registrar c) Ensure the security of the land registry to avoid tampering of records or any other breach which would compromise the integrity of the land registry. 4. The First Nation of Nacho Nyak Dun Land Registry shall employ a Registrar to maintain the land registry. 5. The Registrar shall control access to the land registry. 6. The Registrar may employ people and make application for increased funding as required to maintain the land registry in an efficient manner. Public Access 7. The Land Registry shall maintain hours of operation sufficient to ensure: a) First Nation of Nacho Nyak Dun citizens have access to the land registry records; b) Individuals are able to register instruments in accordance with these Regulations and the Land Use Regulations; Content of Land Registry c) Individuals are able to assess the status of an interest in land which has been granted on Settlement Land. 8. The First Nation of Nacho Nyak Dun Land Registry shall contain: a) All certificates of possession, permits, leases, licences, transfers or other instrument used to grant a right or interest in Settlement Land; and b) All encumbrances or any other instrument which limits or compromises any right or interests in Settlement Land. 9. The First Nation of Nacho Nyak Dun Land Registry shall make available all documents necessary to register a right or interest or any other instrument granting possession or access to Settlement Land or to register a mortgage or any other encumbrance subject to any fee applied by the Registrar and approved by Council. 3

4 10. Any person may examine the records of the land registry subject to: a) Completion of any application or forms required by the Registrar; b) Payment of any fees imposed by the Registrar; c) Any other conditions the Registrar may impose. 11. The First Nation of Nacho Nyak Dun makes no representation as to the accuracy and completeness of any record contained in the land registry and is not liable for any loss or damages due to a person s reliance on those records. Registration and Writing Requirements 12. No interest or right is created or deemed to be granted, transferred, disposed of, or assigned unless by written document. 13. No right or interest, certificate of occupation, encumbrance, transfer or any other instrument dealing with rights in land of any kind is enforceable unless properly registered in the land registry. 14. Any agreement whether written or verbal which purports to create a certificate of occupation, licence, permit, lease or encumbrance or purports to transfer, assign, divest or compromise an interest in any way, is void if it contravenes these regulations. Limits on Mortgages and Transfers 15. No mortgage or charge shall be registered or enforceable if that mortgage or charge exceeds the right or interest of the mortgagor. 16. The First Nation of Nacho Nyak Dun has the right to redeem any encumbrance when the owner of an interest, lease, licence, permit or other instrument granting occupation or access to Settlement Land is in default. 17. The First Nation of Nacho Nyak Dun has the right of first refusal on all transfers except: a) When the transfer is due to the death of the registered owner and the person(s) taking possession of the right or interest is eligible to be registered as the owner; or b) Where the transfer is the result of the breakdown or dissolution of a marriage and the person taking possession of the right or interest is eligible to be the registered owner. 18. No transfer or divestment shall be registered or enforceable if the transferor is not eligible to be registered as the owner of the right or interest. Expropriation 19. No right, interest, licence, permit, or lease can be expropriated by the First Nation of Nacho Nyak Dun except where authorized by an official development plan for the purpose of: a) A fire hall; b) A school; c) A healthcare facility; 4

5 d) Public works such as roads, sidewalks, sewer and water lines or electric lines; e) Sewage treatment plant or pumping facilities; f) A water treatment facility; g) Another purpose vital to the provision of services by the First Nation of Nacho Nyak Dun. 20. No expropriation shall occur until the First Nation of Nacho Nyak Dun has taken all reasonable steps to achieve a mutual agreement for the transfer of the right or interest. 21. Sections 11 and 12 in no way limit the First Nation of Nacho Nyak Dun from expropriating any right or interest in order to preserve land, or objects in or on land which are necessary for the protection of the First Nation of Nacho Nyak Dun history and heritage. 22. Any expropriation under section 16 may be commenced as soon as Council becomes aware of the intrinsic historic value of the land or object on or in the land. 23. Compensation for all expropriations must be in accordance to fair market value of the land or interest and any improvements. 24. A person who has had their interest expropriated may apply to an Adjudicative Panel to: a) Have the compensation amount adjusted if it is unfair; b) Obtain damages resulting from displacement; and c) Request compensation for the devaluation of any remaining interest directly caused by the expropriation. Transfer Following Death of a Spouse 25. In the event that a spouse who holds a registered interest in Settlement Land dies then the surviving spouse who does not hold an interest in the land shall be governed by the estate laws of Canada and Yukon. 26. A surviving spouse who is not eligible to be a registered owner of an interest in Settlement Land shall be fairly compensated at fair market value subject to the estate laws of Canada and Yukon. Duties and Responsibilities of the Registrar 27. The Registrar has a duty to ensure that all instruments registered in the land registry are valid, in the required form, and contain the correct information. 28. The Registrar has the right to refuse registration of an instrument when: a) The instrument is not complete; b) The instrument is not in the prescribed form; c) The instrument contravenes a section of these Regulations or any other legislation of the First Nation of Nacho Nyak Dun, Canada or Yukon; 5

6 d) If the registrar reasonably believes the transaction is in violation of the rules of equity and fundamental justice. 29. The Registrar may, when necessary, require individuals to pay fees or complete application forms prior to registering an instrument or accessing the records of the land registry. 30. Any person who knowingly files an instrument which is fraudulent, or contains false information or which that person ought to have known was fraudulent or contained false information commits an offence and is subject to summary conviction and a fine as set by Council. 31. No conviction under section 5 precludes a civil action by an owner, the registrar, or Council on behalf of the First Nation of Nacho Nyak Dun. Appeal of Registrar s Decision 32. Any person who believes the Registrar has failed to act properly, refused to register an instrument without cause, registered an invalid or non-compliant instrument or failed in anyway to carry out the duties of the Registrar correctly and to the detriment of that person may apply to the Appeal Panel to: a) Have an instrument registered; b) Have an instrument struck from the register; c) Correct any action or decision in order to comply with these Regulations and the principles of equity and fundamental justice. Unauthorized Access 33. Any person who violates section 5 is guilty of trespass and may be subject to any of the following: a. A summary conviction and a fine as set by Council; b. A civil action of trespass initiated by the owner or Council on behalf of the First Nation of Nacho Nyak Dun; Application and Fees c. An action for damages and restitution of any destruction resulting from the trespass. 34. The Registrar is authorized to require that all requests be made in writing and in accordance to a prescribed form. 35. The Registrar may prescribe nominal fees for access to the land registry records. 6

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