Lac La Ronge Indian Band
Land Instruments Law 2021-02 November 16, 2021
TABLE OF CONTENTS
PART 1 PRELIMINARY MATTERS ...........................................................................................................................4 1. Citation ............................................................................................................................................................4 2. Definitions ......................................................................................................... .............................................. 4 3. General lnterpretation ....................................................................................... ..... .. .... ................................... 4 4. Specific interpretation ............................................................................................ ........ .. ..... .......................... 5 5. Severability .............................................................................................................................. ............ ........... 5 6. Application ...................................................................................................................................................... 5 PART 2 CREATION OF LAND INSTRUMENTS ............................................................................................. .......... 6 7. Creation of Land Instruments ......................................................................................................................... 6 8. Authority to establish fees ..............................................................................................................................7 PART 3 OTHER MATTERS ............... ................ ........................................................................................................ 8 9. Coming into Force ....................................................................... ........... ........................................................ 8 SCHEDULE A: LAND INSTRUMENT FORMS ........................................................................................................ 9 SCHEDULE B: ADMINISTRATIVE FEES ......................................................................................................... ..... 18
Lac La Range Indian Band Land Instruments Law
LAC LA RONGE INDIAN BAND LAND INSTRUMENTS LAW PREAMBLE
Whereas Lac La Ronge Indian Band has an inherent right to self-government which emanates from our people, culture and land and which is recognized and affirmed by section 35 of the Constitution Act, 1982;
Whereas the Lac La Ronge Indian Band has taken over control and management of Lac La Ronge Indian Band Land and resources pursuant to the Framework Agreement on First Nation Land Management and has enacted the Lac La Range Indian Band Land Code, effective September 10, 2019, and which outlines the law-making powers of Council at section 7.1;
Whereas specifically at section 7.2.b of the Land Code, Council may make Land Laws respecting Interests and Licences in relation to Lac La Ronge Indian Band Land;
Whereas specifically at section 30.2 of the Land Code, Council may establish mandatory standards, criteria and forms for Interests and Licences in Lac La Ronge Indian Band Land;
And Whereas Lac La Ronge Indian Band wishes to make a law supporting a fair and transparent process regarding the allotment and registration of interests in Lac La Ronge Indian Band Lands.
NOW THEREFORE, Cou~cil of the Lac La Ronge Indian Band enacts:
-iii-
Lac La Range Indian Band Land Instruments Law PART1 PRELIMINARY MATTERS 1. Citation
1.1 2.
2.1 2.2
This law may be cited as the Lac La Ronge Indian Band Land Instruments Law. Definitions
3. 3.1
Unless otherwise defined in this law or required by the context, words and expressions used in this law have the same meaning as they have been given in the Land Code. In this law: "First Nation Land Register" means the register within the First Nations Land Registry System (FNLRS), set up by section 25(1) of the First Nations Land Management Act, which records instruments relating to reserve lands administered under the First Nations Land Management Act; "First Nation Land Registry" means the administrative office referred to in section 2 of the First Nations Land Registry Regulations, specifically, the office located in the National Capital Region that is set up to facilitate the First Nation Land Register; "Lands & Resources Department" means that office which provides, among other duties, administrative support to the Land Code Advisory Committee and the Traditional Lands and Resources Advisory Committee and is responsible for managing Lac La Ronge Indian Band Lands under the Land Code. "Land Instrument" is a written document that purport to transfer an Interest or Licence in or to Lac La Ronge Indian Band Land, and "Land Instruments" indicates the plural; and "Parcel of Land" means a specific section or area of the Lac La Ronge Indian Band Land with a unique legal description and parcel identification number. General Interpretation In this law: (1) Headings and subheadings are for convenience only, do not form part of this law, and in no way define, limit, alter, or enlarge the scope or meaning of any provision of this law; (2) Unless the context requires otherwise, the use of the singular is to be construed as including the plural and vice versa;
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Lac La Range Indian Band Land Instruments Law (3) Unless the context requires otherwise, a reference to one gender includes reference to all other genders; (4) "Must" is to be construed as imperative; (5) The words "include", "includes", "including", "exclude", "excludes", and "excluding" are to be read as if they are followed by the phrase "without limitation"; and (6) A reference to an enactment includes every amendment to it, every subordinate enactment-including laws, by-laws, and regulations-made under it, and any replacement enactment. 3.2 If there is an inconsistency or conflict between this law and the Land Code, the Land Code prevails to the extent of the inconsistency or conflict. 3.3 This law must be interpreted in a fair, large, and liberal manner and in accordance with the Land Code. 4. Specific interpretation 4.1 The Framework Agreement on First Nation Land Management, as enacted by the First Nations Land Management Act, and the First Nations Land Registry Regulations use the word "document", instead of the word "instrument", which corresponds with the terminology sometimes used in the First Nation Land Register. 5. Severability 5.1 If any provision of this law is determined by a court of competent jurisdiction to be illegal or unenforceable, that invalid provision will be considered separate and severable, and the legality or enforceability of the remaining provisions will not be affected by that determination. 6. Application 6.1 This law applies to the whole area of Lac La Range Indian Band Land. 6.2 Where any other enactment, including a law, by-law, or regulation, of Canada or Lac La Ronge Indian Band applies to any matter covered by this law, compliance with this law does not relieve any person from also needing to comply with the provisions of other applicable enactments.
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Lac La Range Indian Band Land Instruments Law PART2 CREATION OF LAND INSTRUMENTS 7. Creation of Land Instruments Land Instruments and associated forms 7 .1 The following Land Instruments, as provided in the forms set out in Schedule A of this Law, are approved, and prescribed by Council: (1) Land Instrument - Transfer of an Interest in Allotment or Certificate of Permanent Interest (LLRIB-01 ). (2) Land Instrument - General Interest (LLRIB-02). (3) Land Instrument - Mortgage (LLRIB-03). (4) Land Instrument - Other Interests (LLRIB-04). (5) Land Instrument - Executions (LLRIB-05). (6) Land Instrument - Additional Information (LLRIB-06). (7) Land Instrument - Certificate of Permanent Interest (LLRIB-07). Land Interests in writing 7.2 In accordance with the Land Code, an Interest or Licence in Lac La Ronge Indian Band Land must be written and is not enforceable unless it is registered in the First Nation Land Register. Standardized Land Instruments 7.3 The Land Instruments set out in section 7.1 (1) to (7) are the only instruments that the Lac La Ronge Indian Band will submit to the First Nation Land Registry. 7.4 The Land Instrument noted under section 7 .1 (7) is the only instrument to be used when a Certificate of Permanent Interest holder requests a copy of their Certificate of Permanent Interest for their Parcel of Land. 7 .5 The Lands & Resources Department must use the Land Instruments prescribed herein to carry out their prescribed duties and may use paper or electronic fillable versions of the Land Instruments.
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Lac La Ronge Indian Band Land Instruments Law 8. Authority to establish fees Council may establish administrative fees 8.1 Council may establish administrative fees in relation to this law, payable to Lac La Ronge Indian Band, including but not limited to: (1) Fees on request for copies of Land Instruments defined under this law; (2) Fees on request for copies of other documents registered in the First Nation Land Register; and (3) Fees on application to register an Interest or Licence in Lac La Ronge Indian Band Land, or any other document, in the First Nation Land Register. Prescribed administrative fees 8.2 The administrative fees authorized in section 8.1 in relation to this law are expressly set out in Schedule B of this law.
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Lac La Ronge Indian Band Land Instruments Law PART3 OTHER MAT IERS 9. Coming into Force 9.1 This law is enacted if it is approved by a majority of the Council at a duly convened meeting of Council open to Members. BE IT KNOWN that this law entitled Lac La Ronge Indian Band Land Instruments Law is hereby enacted by a quorum of Council at a duly convened Council of the Lac La Ronge Indian Band, open to Members and held on ,v,1, U, , 20. kL and comes into force and effect on the Jli_ day of /\fo,rz n-.b<e,.,.- • 20l.,J_.
Councillor Jimmy Bryce Charles Councillor Linda Ann Mary Charles
~o,;e
ernatchez ~~ Councillor Harry Sam Roberts Councillor John Patrick Roberts • ,,(/nn0d ,£, ,-/ Councillor Norman Paul Ross
Councillor John Richard Halkett Quorum of Council is 7.
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SCHEDULE A: LAND INSTRUMENT FORMS
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LAC LA RONGE INDIAN BAND Land Registry Instrument Form No. LLRIB-01
TRANSFER OF INTEREST IN ALLOTMENT OR CERTIFICATE OF PERMANENT INTEREST 1. APPLICATION:(Name, address, phone number and signature of applicant, applicant's solicitor, or agent) [NAME] [ADDRESS] Phone: Signature of Applicant, Applicant's Solicitor or Agent 2. PARCEL IDENTIFIER(S) AND LEGAL DESCRIPTION(S) OF LAND: PIN LEGAL DESCRIPTION [LOT] [PLAN] [RESERVE NAME & NO.) 3. CONSIDERATION: 4. TRANSFEROR(S): [NAME] [ADDRESS] SFN Membership No. ______ Certificate of Permanent Interest or Allotment No. 5. INSTRUMENT: [ I Agreement [ ) Estate Transfer [ ] Other (specify) _ ____ ___
6. TRANSFEREE(S): including occupation(s), postal address(es) and postal code(s) [NAME] [ADDRESS] LLRIB Membership No. ______
APPROVED AS TO THE LAND INSTRUMENT BY LLRIB COUNCIL PURSUANT TO LLRIB LAND CODE AND LLRIB LAND INSTRUME LAW Date: Nov
Page 1 of Pages
7. EXECUTION(S): The transferor(s) accept(s) the above consideration and understand(s) that this instrument operates to transfer the Allotment or Certificate of Permanent Interest in the land described in Item 2 to the transferee(s). Officer Signature(s) EXECUTION DATE Transferor(s) Signature(s) y M D
Transferor(s)
As to the signature of the Transferor(s) Transferor(s) OFFICER CERTIFICATION: Your signature constitutes a representation that you are a solicitor, notary public or other person authorized to take affidavits for use in Saskatchewan and certifies that there has been compliance with the Lac La Range Indian Band requirements.
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APPROVED AS TO THE LAND INSTRUMENT BY LLRIB COUNCIL PURSUANT TO LLRIB LAND CODE AND LLRIB LAND INSTRU EN S LAW LAC LA RONGE INDIAN BAND Land Registry Instrument Form No. LLRIB-02
GENERAL INSTRUMENT• PART 1 1. APPLICATION:(Name, address, phone number and signature of applicant, applicant's solicitor, or agent) [NAME] [ADDRESS) Phone:
2.
5.
Officer Signature(s)
(This area forLLRIB Lands & Resources Department use)
Signature of Applicant, Applicant's Solicitor or Agent or the LLRIB Reserve Lands Manager
3. INTEREST
4.
PARCEL IDENTIFIER(S) AND LEGAL DESCRIPTION(S) OF LAND: PIN LEGAL DESCRIPTION [LOT) [PLAN) [RESERVE NAME & NO.] NATURE OF INTEREST: DOCUMENT REFERENCE DESCRIPTION (page and paragraph) [TYPE OF INTEREST & REG NO.] TERMS: Part 2 of this instrument consists of (select one only) [ I Lease [ I Sublease [ ) Assignment of Lease [ ) Assignment of Sublease [ ] Agreement for Sale [ ) Assignment of Mortgage [ ) Discharge of Mortgage [ ] Permit [ ] Licence [ ) Easement [ ) Release Part 2 includes any additional or modified terms referred to in Item 7 or in a schedule attached to this instrument. If discharge of mortgage or release is selected, the interest described in Item 3 is released or discharged from the land described in Item 2.
6.
7. 8.
TRANSFEROR(S): [NAME] ADDRESS TRANSFEREE(S): including occupation(s), postal address(es) and postal code(s) [NAME] [ADDRESS] ADDITIONAL OR MODIFIED TERMS: EXECUTION(S): This instrument creates, assigns, modifies, enlarges, discharges or governs the priority of the interest(s) described in Item 3 and the Transferor(s) and every other signatory agree to be bound by this instrument, and acknowledge(s) receipt of a true copy of the instrument described in Item 4.
EXECUTION DATE Party(ies) Signature(s) y M D
Print Name:
As to the signature(s) Print Name:
Page 1 of Pages
PERSON ENTITLED TO
OFFICER CERTIFICATION: Your signature constitutes a representation that you are a solicitor, notary public or other person authorized to take affidavits for use in Saskatchewan and certifies that there has been compliance with the Lac La Ronge Indian Band requirements. The LLRIB Reserve Lands Manager may sign this instrument for any of the terms noted in area number 4, as noted above. Page 11 of 19
LAC LA RONGE INDIAN BAND Land Registry Instrument Form No. LLRIB-03
APPROVED AS TO THE LAND INSTRUMENT BY LLRIB COUNCIL PURSUANT TO LLRIB LAND CODE AND LLRIB LAND INSTRUMEl)l LAW
MORTGAGE • PART 1 1. APPLICATION:(Name, address, phone number and signature of applicant, applicant's solicitor, or agent) [NAME] [ADDRESS] Phone: 3. PARCEL IDENTIFIER(S) AND LEGAL DESCRIPTION(S) OF THE MORTGAGED LAND: PIN LEGAL DESCRIPTION [UNIT] [LOT] [PLAN] [RESERVE NAME & NO.)
(This area for LLR/8 Lands & Resources Department use)
Signature of Applicant, Applicant's Solicitor or Agent
3. BORROWER(S) [MORTGAGOR(S)): including postal address(es) and postal code{s) [NAME] [ADDRESS]
4. LENDER(S) [MORTGAGEE(S)]: including occupation(s), postal address(es) and postal code{s) [NAME] [ADDRESS] 5. PAYMENT PROVISIONS: (a) Principal Amount: {b) Interest Rate: (c) Interest Adjustment $ __% per annum Date: (d) Interest Calculation Period: (e) Payment Dates: (f) First Payment Date: (g) Amount of each periodic (h) Interest Act (Canada) Statement: (i) Last Payment payment: The Equivalent rate of interest Date: $ calculated half yearly not in advance is __ % per annum U) Assignment of Rents which the (k) Place of payment: (I) Balance Due applicant wants registered? Postal address in item 4 Date: Yes [ ] No [) IF YES, page & paragraph no.:
MORTGAGE - PART 1 6. MORTGAGE contains floating charge on land?
8.
y
7. Yes [ ] No [ )
INTEREST MORTGAGED: (select one only) [ ] Lease No. _____ [ ] Sublease No. -----,--[ ] Allotment or Certificate of Permanent Interest No. Page 12 of 19
Page 1 of Pages
M D
Page 2 of _ _ Pages MORTGAGE secures a current or running account? Yes [ ) No [ )
[ ] Licence No. _ _ ___
9.
MORTGAGE TERMS: Part 2 of this mortgage consists of the mortgage terms attached pages __ to __ and any additional or modified terms referred to in Item 10 or in a schedule annexed to this mortgage.
10. ADDITIONAL OR MODIFIED TERMS:
11. PRIOR ENCUMBRANCES PERMITTED BY LENDER:
12. EXECUTION(S): This mortgage charges the Borrower's interest in the interest mortgaged as security for payment of all money due and performance of all obligations in accordance with the mortgage terms referred to in Item 9 and the Borrower(s) and every other signatory agree(s) to be bound by, and acknowledge(s) receipt of a true copy of, those terms.
Officer Signature(s)
EXECUTION DATE Mortgagor(s) Signature(s)
OFFICER CERTIFICATION: Your signature constitutes a representation that you are a solicitor, notary public or other person authorized to take affidavits for use in Saskatchewan and certifies that there has been compliance with the Lac La Ronge Indian Band requirements.
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LAC LA RONGE INDIAN BAND Land Registry Instrument Form No. LLRIB-04
APPROVED AS TO THE LAND INSTRUMENT BY LLRIB COUNCIL PURSUANT TO LLRIB LAND CODE AND LLRIB LAND INSTRUMENTS LAW
OTHER REGISTERABLE INSTRUMENTS • PART 1 (This area for LLRIB Lands & Resources Department use) Page 1 of Pages 1. APPLICATION: (Name, address, phone number and signature of applicant, applicant's solicitor, or agent) [NAME] [ADDRESS) Phone:
2.
3. 4. I I Judgment I ) Court Order [ ] Right of First Refusal [ ] Certificate of Pending Litigation I ] Caveat I ] Lien I ) Assignment of Rent I ) Option to Purchase I ] Tax Certificate [ ) Estate I l Other: ____ ___ Part 2 includes the instrument referred to in Item 3 and any additional or modified terms referred to in Item 5 or in a schedule attached to this instrument. 5. ADDITIONAL OR MODIFIED TERMS: 6.
Signature of Applicant, Applicant's Sol icitor or Agent or the LLRIB Reserve Lands Manger PARCEL IDENTIFIER(S) AND LEGAL DESCRIPTION(S) OF LAND: PIN LEGAL DESCRIPTION UNIT NUMBER] [LOT] (PLAN) [RESERVE NAME & NO.] NATURE OF INTEREST: (Describe and attach instrument or a certified copy) TERMS: Part 2 of this instrument consists of: (select one only)
APPLICANT: (Full name and address of person who or on whose behalf the application is made if different than item 1) [NAME] [ADDRESS)
7. described in Item 3 and the Transferor(s) and every other signatory agree to be bound by this instrument, and acknowledge(s) receipt of a true copy of the instrument described in Item 4. Officer Signature(s)
EXECUTION(S): This instrument creates, assigns, modifies, enlarges, discharges or governs the priority of the interest(s)
EXECUTION DATE Party(ies) Signature(s) y M D
Print Name:
As to the signature(s) Print Name: OFFICER CERTIFICATION: Your signature constitutes a representation that you are a solicitor, notary public or other person authorized to take affidavits for use in Saskatchewan and certifies that there has been compliance with the Lac La Ronge Indian Band requirements. The Lac La Ronge Indian Band Reserve Lands Manger may sign this instrument for any of the terms noted in area number 4, as noted above.
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LAC LA RONGE INDIAN BAND Land Registry Instrument Form No. LLRIB-05
EXECUTIONS CONTINUED
Officer Signature(s)
Print Name:
Page 2 of Pages
EXECUTION DATE Party(ies) Signature(s) y M D
As to the signature(s) Print Name: OFFICER CERTIFICATION: Your signature constitutes a representation that you are a solicitor, notary public or other person authorized to take affidavits for use in Saskatchewan and certifies that there has been compliance with the Lac La Range Indian Band requirements.
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LAC LA RONGE INDIAN BAND Land Register Instrument Form No. LLRIB-06
SCHEDULE
APPROVED AS TO THE LAND INSTRUMENT BY LLRIB COUNCIL PURSUANT TO LLRIB LAND CODE AND LLRIB LAND INSTRUMEJ)JT- LAW
Page of Pages
[ENTER THE REQUIRED INFORMATION IN THE SAME ORDER AS THE INFORMATION APPEARS ON INSTRUMENT NUMBERED: FORM LLRIB-01, FORM LLRIB-02, FORM LLRIB-03 or FORM LLRIB-04.]
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LAC LA RONGE INDIAN BAND Land Register Instrument Form No. LLRIB-07
APPRQYED AS TO THE LAND INSTRUMENT BY LLRIB COUNCIL PURSUANT TO LLRIB LAND CODE AND LLRIB LAND INSTRUME :F LAW
This instrument is only to be used to list the current permanent interest holder or holders and to list any charges running with the land and is not used to transfer any permanent interest.
As per information taken from the First Nation Land Registry System on the_ day of_, 20_ Exclusive user's name and address:
Name
Address Joint Tenants or Tenants in Common (Indicate which one)
Percentage of exclusive user breakdown, if aoolicable
Legal Description of the Land: Lot _ _ Plan ____ and Parcel Identification Number (PIN) 90_ __ _ Reserve: __________ Legal Notations: Pending Transfers: Current charges and other interests: Nature of the charae and date of the chan:ie Nature of the charqe and date of the charae f 1 Lease I l Sublease f l Licence f l Easement f 1 Judament I ] Court Order I l Riqht of first refusal I l Lien I l Caveat I ] Statutory riqht of way [ ) Assignment of rent [ I Other I l Estate I l Permit Notes: There may be unregistered utility lines crossing this Parcel of Land.
Information is current as of ___ ,20_. End of Document
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SCHEDULE B: ADMINISTRATIVE FEES
1.1
A Person who requests copies of the registered documents set out in the following table must pay to Lac La Ronge Indian Band the corresponding administrative fee.
Document On request for a copy of a Parcel Abstract Report (PAR = Title Search) On request for a copy of a Sublease, Lease or Head Lease On request for a copy of a Mortgage On request for a copy of a Strata Plan On request for a copy of an Assignment On request for a copy of a Survey plan On request for a copy of any other document
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Fee $30.00
$60.00 $60.00 $60.00 $60.00 $60.00 $30.00
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1.2
A Person who makes an application to register or record an Interest in Lac La Range Indian Band Land, or any other registerable instrument (or document, as sometimes referred to) in the First Nation Land Registry set out in the following table must pay to Lac La Range Indian Band the corresponding administrative fee.
Fee Lease Sublease Assignment of Lease Assignment of Sublease Mortgage Assignment of Rent Assignment of Mortgage Certificate of Pending Litigation Judgement Court Order Modification of Lease Modification of Mortgage Discharge of Mortgage Amendment of Existing Instrument Release Name Change Marriage Certificate Death Certificate Agreement for Sale Option to Purchase Right of First Refusal Caveat Lien Tax Certificate Estate Permit Licence Easement Other
Amount $300 $300 $300 $300 $300 $300 $300 $300 $300 $300 $300 $300 $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 $100
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