METIS SETTLEMENTS LAND REGISTRY REGULATION
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Province of A lberta
METIS SETTLEMENTS ACT
METIS SETTLEMENTS LAND
REGISTRY REGULATION
Alberta Regulation 361/1991
With amendments up to and including Alberta Regulation 45/2014
Office Consolidation
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Note
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legislative sanction, that amendments have been embodied for convenience of
reference only. The official Statutes and Regulations should be consulted for all
purposes of interpreting and applying the law.(Consolidated up to 45/2014)
ALBERTA REGULATION 361/91
Metis Settlements Act
METIS SETTLEMENTS LAND REGISTRY REGULATION
Table of Contents
1 Definitions
2 Fraud
Part 1
Purposes and Application
3 Purposes
4 General application
5 Application to Crown
Part 2
Metis Settlements Land Registry
6 Establishment of Registry
7 Fee simple registers
8 Metis title registers
9 Automatic recording of some pre-existing interests
10 Interest registers
11 Content of registers
Part 3
Recording
12 Recordable interests
13 Recording and registration
14 Requirements for recording
15 Time of recording
16 Priority enforcement rules
17 Future obligations
18 Cancelling a recording
19 Assignment of recorded interests
20 Cancelling a recording on notice
21 Improper recordingMETIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
Part 4
Registration
22 Definitions
23 Registrable interests
24 Registration
25 Refusal to register
26 Effect of registration
27 Effect of cancellation
28 Void registrations
29 Requirements for registration
30 Revision of registrations
31 Settlement’s right to record
32 Entitlement to revision of registrations
33 Reliance on unauthorized registration
34 Reliance on invalid transaction
35 Conflicting registrations
Part 5
Interests Overriding Register
36 Interests overriding register
Part 6
Compensation
37 Grounds for compensation
38 Amount of compensation
39 Limitation of time
40 When compensation not payable
41 Compensation agreement
42 Compensation order
43 Assurance fund
44 Payments
Part 7
Powers of the Appeal Tribunal and Courts
45 Application by aggrieved person
46 Application by Registrar
47 Proof of signature
48 Application to cancel recording
49 Destroyed or lost documents
50 Method of application
51 General jurisdiction of Appeal Tribunal
52 Court of Queen’s Bench
2METIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
Part 8
Administration
Division 1
Registry and Registrar
53 Hours of operation
54 Registrar
55 Seal of office
56 Administration of oaths
57 Delegation
58 Request for reasons
59 Alteration of documents
Division 2
Registrar’s Rules
60 Registrar’s rules
Division 3
Deposit File, Registers and Procedures
61 Deposit file
62 Record of accepted documents
63 Form of registers
64 Processing of documents
65 Fees
66 Sending notices
67 Entries on registers
68 Searches and copies
69 Certified copies
70 Duplicate records
71 Substitute document
72 Cancellation of recordings
73 Revision of registrations
Division 4
Requirements for Documents Other Than Plans
74 Letters patent
75 Names and addresses
76 Registration of judgment, order or certificate
77 Instruments in favour of corporations
78 Signing of documents by corporation
79 Dower Act
3METIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
Division 5
Highways
80 Road title
81 Highways managed by Crown
Division 6
Plans
82 Filing of plans
83 Registrar requires plan
84 Plan showing existing boundaries
85 New register
86 Plan of survey requirements
87 Descriptive plan requirements
88 Powers of Registrar
89 Change of legal description
90 Correction of plans by Registrar
91 Changes to plans by Appeal Tribunal or court
Division 7
Interests Passing on Death
92 Death of settlement members
93 Death of non-settlement members
Part 9
Adoption of Provisions of the Land Titles Act
94 Definitions
95 Purpose
96 Implied covenants
97 Implied covenants respecting security interests
98 Negation or modification of implied covenants
99 Grant of easement or restrictive covenant
100 Utility interest
101 Party wall agreement
102 Encroachment agreement
103 Cancellation of certain interests
104 Leases
105 Recording of writ
106 Sale by sheriff
107 Registration of transfer of land sold by sheriff
108 Application for confirmation of sale
4Section 1 METIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
Part 10
Transitional and Coming into Force
109 Uncertain parcel boundaries
110 Pre-existing interests
111 Coming into force
Definitions
1 In this Regulation,
(a) “Act” means the Metis Settlements Act;
(b) “Appeal Tribunal” means the Metis Settlements Appeal
Tribunal established by the Act;
(c) “cancellation” means the administrative process by which,
under this Regulation, the prospective effect of recording
and registration are eliminated by entries in a register;
(d) “claimant” means
(i) the person who records but does not register an
interest, or
(ii) the registered assignee of the right to cancel the
recording of an interest that has been recorded but
not registered;
(e) “Director of Surveys” means the Director of Surveys
designated pursuant to the Surveys Act;
(f) “document” includes a plan, map and any information that
can be converted by a machine or device into a form that
people can read, such as information
(i) on microfilm,
(ii) in electronic, mechanical and magnetic storage, or
(iii) in electronic data transmission signals;
(g) “effective pre-existing interest” means
(i) a pre-existing interest held by a person other than a
member of a settlement association under the former
Act that is recorded on or before June 30, 1993, and
(ii) a pre-existing interest held by a member of a
settlement association under the former Act that is
recorded before the interest is extinguished under the
5Section 1 METIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
Land Interests Conversion Regulation (Alta. Reg.
362/91);
(h) “interest” means the fee simple estate in patented land and
a right or interest in the fee simple referred to in section
99 of the Act;
(i) “law” includes General Council Policies and settlement
by-laws;
(j) “letters patent” means the letters patent granting patented
land to the General Council that were ratified and
confirmed by the Metis Settlements Land Protection Act;
(k) “lien” means an interest created by operation of law that
secures the payment or other performance of an
obligation;
(l) “person”, “claimant” and “owner” include any agent who
is empowered to act for the person, claimant or owner;
(m) “postponement” means
(i) the process of subordinating the enforcement of one
interest to another, or
(ii) the document effecting the subordination;
(n) “pre-existing interest” means an interest in patented land
that was held on November 1, 1990 by anyone other than
the Crown in right of Alberta;
(o) “recording” means the administrative process by which,
under this Regulation, entries in a register secure priority
of enforcement for an interest;
(p) “register” means a register established under this
Regulation
(i) for the fee simple in a parcel of land, or
(ii) for a registered interest,
and includes any document incorporated into a register by
reference;
(q) “Registrar” means the Registrar of the Metis Settlements
Land Registry;
(r) “Registrar’s rules” means the rules made under section
60;
6Section 1 METIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
(s) “registration” means the administrative process by which,
under this Regulation, entries in a register affect, confer,
confirm or terminate interests;
(t) “Registry” means the Metis Settlements Land Registry;
(u) “road title” means the interest in patented land described
as road title by General Council Policy;
(v) “security interest” means a consensual interest that
secures the payment or other performance of an
obligation;
(w) “servitude” means an interest affecting the use or
enjoyment of land created by covenant, condition,
easement or implication, and includes a utility interest, but
does not include a lien or a security interest;
(x) “successor” means a person who acquires an interest, or
an interest derived from that interest, directly or through
intermediate transactions from a prior owner;
(y) “termination” means
(i) the process of releasing or discharging an interest, or
(ii) the document effecting the release or discharge;
(z) “transaction” means an event or a dealing affecting an
interest, whether by means of a contract, transfer,
postponement or termination or by any other means;
(aa) “transfer” means
(i) the process of creating or assigning an interest, other
than by operation of law,
(ii) the document effecting the creation or assignment of
an interest, or
(iii) the process of creating or passing an interest by
operation of law, including the passing of an interest
to a personal representative and the passing of an
interest by the operation of a General Council Policy;
(bb) “utility interest” means an interest in land for the purpose
of
(i) carrying, laying, constructing, maintaining or using
conduits, cables, wires, poles or transmission lines,
7Section 2 METIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
(ii) laying, constructing, maintaining and operating
pipelines for the transmission or transportation of any
substance,
(iii) drainage or irrigation or the control of flooding or
erosion,
(iv) disposing of sewage,
(v) constructing or maintaining a public work,
(vi) constructing, maintaining and operating a railway, or
(vii) constructing, maintaining and operating a temporary
roadway;
(cc) “value” means any consideration sufficient to support a
contract, and includes
(i) a commitment to give credit or to extend the time for
payment under credit previously given,
(ii) the acceptance of a security interest for, or in total or
partial satisfaction of, an existing claim, or
(iii) consideration previously given for an existing
contract.
AR 361/91 s1
Fraud
2(1) In this Regulation the meaning of fraud is subject to this
section.
(2) The equitable doctrine variously known as “notice” and
“constructive notice” is abolished for the purpose of determining if
conduct is fraudulent under this Regulation.
(3) A person who enters into a transaction with an owner who
holds an interest subject to another interest that is neither recorded
nor registered
(a) is not affected by actual knowledge of the other interest,
(b) may assume without inquiry that the transaction
(i) is authorized by the owner of the other interest, and
(ii) will not prejudice that interest,
and
8Section 3 METIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
(c) has no duty to assure the proper application of any assets
paid or delivered to the owner,
unless the person had at the time of entering into the transaction the
knowledge described in subsection (4).
(4) The person referred to in subsection (3) obtains the interest
acquired under the transaction through fraud if the person had
actual knowledge that the transaction
(a) was not authorized by the owner of the other interest, and
(b) will prejudice that interest.
AR 361/91 s2
Part 1
Purposes and Application
Purposes
3 The purposes of this Regulation are
(a) to provide certainty for ownership of interests in land and
to simplify proof of ownership,
(b) to facilitate the economic and efficient execution of
transactions affecting interests in land, and
(c) to provide compensation for persons who sustain loss
through entries in registers that are not authorized by this
Regulation.
AR 361/91 s3
General application
4 This Regulation applies to all patented land and interests in
patented land.
AR 361/91 s4
Application to Crown
5(1) The Crown in right of Alberta is bound by this Regulation.
(2) This Regulation applies to any interest of the Crown in any
other right that has been recorded under this Regulation.
AR 361/91 s5
9Section 6 METIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
Part 2
Metis Settlements Land Registry
Establishment of Registry
6(1) The Metis Settlements Land Registry is established.
(2) The Registrar may establish fee simple registers for the fee
simple in patented land, Metis title registers for Metis title in
patented land and interest registers for other registered interests in
patented land.
(3) The Registrar may establish a consolidated register for 2 or
more registered interests.
AR 361/91 s6
Fee simple registers
7(1) The Registrar must first establish fee simple registers for the
fee simple in respect of all patented land.
(2) The fee simple registers established under this section must be
issued in the name of the General Council.
(3) The parcels in the fee simple registers established under this
section may include any geographic area, whether on, over or
under the surface of land, that the Registrar considers convenient.
AR 361/91 s7
Metis title registers
8(1) After establishing the fee simple registers under section 7, the
Registrar must establish Metis title registers for Metis title in
respect of all patented land except for
(a) the beds and shores of all permanent and naturally
occurring bodies of water and of all naturally occurring
rivers, streams, watercourses and lakes, and
(b) land set aside or used for highways, roads and road
allowances, including land that would be required to be
set aside for road allowances if the settlements were to be
surveyed under Part 2 of the Surveys Act.
(2) If the Minister’s list provided to the Registrar under the Land
Interests Conversion Regulation (Alta. Reg. 362/91) indicates a
parcel was held under a certificate of occupancy under the former
Act, the Registrar must establish a Metis title register under
subsection (1) for the parcel in the name of the member who,
according to the list, held the certificate of occupancy or, if the
member has died, in the name of the settlement in whose area the
parcel is located in trust for the heirs of the member.
10Section 9 METIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
(3) The Metis title registers established under subsection (1) for
patented land that is not affected by the Minister’s list provided to
the Registrar under the Land Interests Conversion Regulation
(Alta. Reg. 362/91) must be issued in the name of the settlement in
whose area the parcel is located.
(4) The parcels for the Metis title registers referred to in subsection
(3) may, subject to subsection (1), include any geographic area,
whether on, over or under the surface of land, that the Registrar
considers convenient.
AR 361/91 s8
Automatic recording of some pre-existing interests
9(1) After complying with sections 7 and 8, the Registrar must
record every pre-existing interest held by a member of a settlement
association under the former Act if those interests are shown on the
land records of the Minister that have been provided to the
Registrar.
(2) This section does not apply to certificates of occupancy and
pre-existing interests that are held by persons who have ceased to
be settlement members under the Transitional Membership
Regulation (Alta. Reg. 337/90) and whose rights of appeal are over.
(3) A pre-existing interest recorded under this section must be
recorded in the name of the holder of the interest according to the
Minister’s land records that have been provided to the Registrar or,
if the holder has died, in the name of the settlement in whose area
the interest is located in trust for the heirs of the holder.
AR 361/91 s9
Interest registers
10 After complying with sections 7 to 9, the Registrar may
establish an interest register for any registered interest.
AR 361/91 s10
Content of registers
11(1) A register must contain
(a) the identifier for the register;
(b) the identifier for the previous register from which the
register is established;
(c) a description of the type of interest for which the register
is established;
(d) the legal description of the parcel for the register;
11Section 11 METIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
(e) the identifier for the registered transfer of the interest for
which the register is established, the name of the
registered owner of the interest and the date that the
transfer was recorded;
(f) the identifier for any registered document that affects,
confirms or terminates the interest for which the register is
established, a description of the document and the date
that the document was recorded;
(g) the identifier for any registered document that affects,
confirms or terminates a registered interest for which no
separate register is established that is derived from the
interest for which the register is established and the date
that the document was recorded;
(h) if a register is established for any interest derived from the
interest for which the register is established, the identifier
for the register of the derived interest;
(i) the identifier for any recorded transfer that creates a
servitude the benefit of which is annexed to the interest
for which the register is established, the date that the
transfer was recorded and the identifier for the register of
the interest that is subject to the servitude;
(j) the identifier for any document that has been recorded, but
not registered, that purports to affect
(i) the interest for which the register is established, or
(ii) a registered interest for which no separate register is
established that is derived from the interest for which
the register is established,
and the date that the document was recorded.
(2) The fee simple registers and Metis title registers established
under sections 7 and 8 must indicate that they were established
under those sections in place of the information required under
subsection (1)(e).
(3) The entry of the identifier for a document in a register
incorporates that document into the register by reference.
(4) An entry in a register forms part of the register whether or not
the entry was made in accordance with this Regulation or the
Registrar’s rules.
AR 361/91 s11
12Section 12 METIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
Part 3
Recording
Recordable interests
12(1) An interest in land is qualified for recording.
(2) The Registrar must assign an identifier to each document
accepted for recording and that identifier must be entered in the
appropriate register.
(3) An entry in a register of something that is not qualified for
recording is not a recording and the entry is void.
AR 361/91 s12
Recording and registration
13(1) An interest may be submitted for recording only, or for
recording and registration.
(2) An interest that is to be recorded only may be recorded by
submitting a recording document or by submitting the document on
which the interest is based.
(3) An interest may be registered only if the document on which
the interest is based is submitted for registration.
(4) An interest submitted for recording and registration must be
recorded before it is registered.
AR 361/91 s13
Requirements for recording
14(1) A person wishing to have an interest recorded must submit
to the Registrar
(a) a recording document that summarizes the transaction on
which the interest is based, or
(b) the document or a copy of the document on which the
interest is based.
(2) An interest may be recorded even though the transaction on
which it is based does not comply with formalities.
(3) An interest may be recorded by any person, whether or not the
person is an owner of all or any share of the interest, including a
person who is a successor from a prior owner of the interest to be
recorded.
(4) The Registrar must record a recording document referred to in
subsection (1) or the document on which the interest is based if
13Section 15 METIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
(a) the interest is qualified for recording, and
(b) the recording document or document on which the interest
is based complies with the Registrar’s rules.
AR 361/91 s14
Time of recording
15(1) The Registrar must record documents, as far as is
practicable,
(a) promptly when they are received, and
(b) in the order in which they are received.
(2) An interest is recorded when the identifier assigned to the
document submitted for recording is entered in the appropriate
register.
AR 361/91 s15
Priority enforcement rules
16(1) Subject to subsection (2),
(a) an interest is effective from the time of the transaction on
which it is based according to law, and
(b) interests are to be enforced with priority relative to each
other according to law.
(2) The recording of an interest modifies subsection (1) as follows:
Rule 1 An earlier interest is to be enforced with priority over a
later conflicting interest if the earlier interest is recorded
and that recording is uncancelled when
(a) the later interest is obtained, or
(b) the later interest is recorded.
Rule 2 A later interest that is recorded is to be enforced with
priority over an earlier conflicting interest if the later
interest is
(a) obtained for value,
(b) obtained without the fraud of the owner of the later
interest,
(c) obtained when
(i) the earlier interest is not recorded, or
14Section 16 METIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
(ii) the recording of the earlier interest is cancelled,
and
(d) recorded when
(i) the earlier interest is not recorded, or
(ii) the recording of the earlier interest is cancelled.
(3) For the purpose of this section, a registered interest is
considered as having been obtained for value.
(4) The rules in subsection (2) do not apply to the overriding
interests described in section 36.
(5) Rule 1 in subsection (2) is subject to the limitation that the
recording of an earlier interest by means of a recording document
that summarizes the transaction on which the interest is based is
effective only as to those rights expressly described in the
recording document, and only to the extent of the description of
each right.
(6) With respect to Rule 2 in subsection (2),
(a) a later interest becomes a fully effective interest when,
with respect to an earlier conflicting interest, the later
interest can be enforced with priority over the earlier
conflicting interest,
(b) if a later interest cannot be enforced with priority over an
earlier conflicting interest because the requirements of
Rule 2 are not satisfied, an interest of a successor to the
owner of the later interest becomes fully effective when
the requirements of Rule 2 are first satisfied, and
(c) once a later interest becomes a fully effective interest, it
remains so when acquired by a successor.
(7) This subsection establishes additional priority enforcement
rules for effective pre-existing interests:
Rule 3 An effective pre-existing interest is to be enforced with
priority relative to another effective pre-existing interest
according to law and Rules 1 and 2 do not apply as
between those interests.
Rule 4 An effective pre-existing interest is to be enforced with
priority over any other interest recorded before the
effective pre-existing interest.
15Section 17 METIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
(8) A Metis title, provisional Metis title, allotment or other interest
granted under the Land Interests Conversion Regulation (Alta.
Reg. 362/91) that is recorded is to be enforced with priority as if
the interest was created when the certificate of occupancy or
document on which it was based was granted under the former Act.
(9) A successor to the owner of a recorded interest is entitled to
have the successor’s interest enforced with the same priority,
without further recording, as the recorded interest.
(10) The rules in subsection (2) apply to conflicting interests of
successors to the owner of a recorded interest.
AR 361/91 s16
Future obligations
17(1) The priority of a recorded security interest extends to all
subsequent obligations secured by the security interest, including
obligations for principal sums subsequently advanced, and
increased interest, as determined by the document.
(2) If the secured person refuses to make further advances, or if the
obligor has and exercises a right not to receive further advances,
the secured person must, at the request of the obligor, provide a
termination of the security interest except insofar as it is security
for
(a) obligations already incurred, and
(b) further advances made by the secured person under the
terms of the document in order to maintain the person’s
security for obligations already incurred.
(3) The rights given under the Personal Property Security Act are
not affected by this section.
AR 361/91 s17
Cancelling a recording
18(1) This section applies to an interest that has been recorded but
not registered.
(2) Subject to subsection (4), the recording of an interest must be
cancelled if
(a) the interest is not qualified for recording,
(b) the claimant is not entitled to the interest,
(c) the claimant requests the cancellation, or
16Section 19 METIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
(d) the requirements of section 20 with respect to a notice to
substantiate an interest have been met.
(3) The cancellation of a recording of a servitude for the benefit of
a dominant tenement identified on the recording document for the
servitude or the recorded document on which the servitude is based
must be requested by the registered owner of the dominant
tenement.
(4) The Registrar must not cancel the recording of an interest for
any of the reasons under subsection (2) unless the requirements of
this Regulation and the Registrar’s rules have been met.
(5) Cancelling the recording of an interest that has not been
registered does not terminate the interest.
(6) Cancelling the recording of an interest does not affect the right
to enforce that interest’s priority that accrued before the
cancellation.
AR 361/91 s18
Assignment of recorded interests
19(1) This section applies to an interest that has been recorded but
not registered.
(2) The right to have the recording of an interest cancelled, or the
enforcement of a recorded interest postponed, may be assigned by
the claimant of the recorded interest by a document complying with
this Regulation and the Registrar’s rules, and the assigned right
must be treated as a registrable interest.
(3) Until an assignment under subsection (2) is registered, the
claimant under the recording retains the right to have the recording
cancelled or the enforcement of a recorded interest postponed.
(4) This section does not apply to a servitude for the benefit of a
dominant tenement if the dominant tenement is identified on the
recording document for the servitude or the recorded document on
which the servitude is based.
AR 361/91 s19
Cancelling a recording on notice
20(1) The Registrar must cancel the recording of an interest that
has not been registered if
(a) the claimant has, in accordance with subsection (2), been
served with a notice to apply to the Appeal Tribunal for a
decision that substantiates the interest,
17Section 21 METIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
(b) the person who caused the notice to be served has a
recorded interest in the land against which the recording
to be cancelled is recorded,
(c) 60 days or any shorter period under subsection (4) has
passed since the notice was served, and
(d) no certificate of legal action from the Appeal Tribunal or
a court confirming that there is a matter before it to
substantiate the interest has been recorded.
(2) The notice to apply to the Appeal Tribunal must be posted in
the office of the settlement whose area includes the land affected
by the recorded interest and must be served on the claimant
(a) personally,
(b) through registered mail at the address for service of
notices provided in respect of the recording, or
(c) in a manner approved by the Appeal Tribunal.
(3) The notice to apply to the Appeal Tribunal and the document
used to serve the notice must be in a form prescribed under the
Registrar’s rules.
(4) The Appeal Tribunal may on an ex parte application shorten
the period of 60 days to a period it specifies by order, and a copy of
the order must be served with the notice.
(5) A person who has a recording cancelled under this section
through serving the notice by registered mail is liable for any loss
sustained by the claimant whose recording was cancelled unless
service by registered mail was reasonable under the circumstances
or was approved by the Appeal Tribunal.
(6) This section does not apply to
(a) a Registrar’s recording of a special interest under section
32(2), and
(b) a recorded interest that is a restrictive covenant annexed to
land.
AR 361/91 s20
Improper recording
21(1) The claimant of an interest that is recorded but not
registered is liable to any person who sustains loss because of the
recording if
(a) the interest was not qualified for recording, or
18Section 22 METIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
(b) the interest ceased to exist and the claimant did not
request cancellation of the recording in spite of a written
demand by a person adversely affected.
(2) Subsection (1) does not apply if
(a) the Appeal Tribunal finds that the initial recording or its
continuance was reasonable under the circumstances, or
(b) the recording was a Registrar’s recording of a special
interest under section 32(2).
AR 361/91 s21
Part 4
Registration
Definitions
22 In this Part,
(a) “unauthorized registration” means a registration made
without the authority of a valid transaction but does not
include a void registration;
(b) “valid transaction” means a transaction that is valid under
the law;
(c) “void registration” means a registration that is void under
section 28.
AR 361/91 s22
Registrable interests
23(1) The following interests are qualified for registration:
(a) the fee simple;
(b) Metis title, provisional Metis title, allotment and road title
as established by General Council Policy;
(c) if authorized to be registered by General Council Policy, a
life estate, a leasehold, a servitude, a profit a prendre, a
security interest, an interest under a postponement
agreement and an interest of a purchaser under an
agreement to purchase an interest in land;
(d) any other interest authorized to be registered by General
Council Policy.
19Section 24 METIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
(2) If another enactment requires or authorizes the registration of
an interest and the interest is not qualified for registration under
subsection (1), the interest may be recorded, but not registered.
AR 361/91 s23
Registration
24(1) An interest is registered when the Registrar indicates on the
register in which the interest is recorded that the interest is
registered.
(2) If an interest has been recorded by a recording document and
the document on which the interest is based is later accepted for
registration, the Registrar must make a new recording for the
interest and indicate that the interest under the new recording is
registered.
(3) If an interest is recorded and the interest cannot be registered
because the document on which the interest is based does not meet
the requirements under the Registrar’s rules, the interest may be
registered after the requirements of the Registrar’s rules are met.
(4) If a judgment, order or certificate has been recorded and it
cannot be registered because of section 76, the judgment, order or
certificate may be registered after the requirements of section 76
are met.
(5) If a document that transfers Metis title, provisional Metis title
or an allotment is recorded and the interest cannot be registered
because the time period established by a General Council Policy
for filing an objection to the transfer has not passed or if an appeal
of an objection is made to the Appeal Tribunal, the interest may be
registered after the time for filing an objection has passed or the
Appeal Tribunal decides that the objection was not valid.
AR 361/91 s24
Refusal to register
25 The Registrar may refuse to register an interest or revise a
registration based on a transaction binding the registered owner if
the Registrar believes that, because of a disputed question of fact or
law, the registration or revision may not be in accordance with law.
AR 361/91 s25
Effect of registration
26(1) As long as the registration of an interest is uncancelled, even
if it is an unauthorized registration, the registered owner is the
owner of the registered interest if
(a) the interest is qualified for registration,
20Section 27 METIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
(b) the registered owner has legal capacity to own the interest,
and
(c) in the case of Metis title, provisional Metis title or
allotment, the owner at the time of registration is the
settlement in whose area the land is located or a member
of the settlement.
(2) The ownership under subsection (1) is limited to
(a) the interest as defined in the register,
(b) the parcel described in the register or for which the
register is established, and
(c) the extent that the interest is recognized under law.
(3) For the purposes of subsection (2)(c), a security interest is
recognized under law only to the extent of the actual obligation of
the obligor under law.
(4) A registered interest is to be enforced under the priority
enforcement rules in section 16 based on the time of its recording.
(5) A registered interest is, at the time of its recording, subject to
(a) a transaction that binds the registered owner,
(b) a conflicting interest under the priority enforcement rules
in section 16, and
(c) the overriding interests described in section 36.
(6) The registration of a postponement has the effect of
subordinating the enforcement of the postponed interest to the
enforcement of the interest to which it is postponed in the same
way and to the same extent as if the postponed interest had been
recorded after the interest to which it is to be postponed.
AR 361/91 s26
Effect of cancellation
27 Cancelling the registration of an interest divests the interest
and cancels its recording.
AR 361/91 s27
Void registrations
28(1) For the purposes of this Part, a registration is void if it is
made when
(a) the interest is not qualified for registration,
21Section 29 METIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
(b) the person registered as owner does not have the legal
capacity to own the interest, or
(c) in the case of Metis title, provisional Metis title or
allotment, the person registered as owner is not the
settlement in whose area the land is located or a member
of the settlement.
(2) If a registration is void under subsection (1)(b) or (c), the
settlement in whose area the land is located is the legal owner of
the interest under the purported registration, in trust for whomever
the law determines the interest should be held.
(3) The recording of an interest is not affected if the registration of
the interest is void under subsection (1)(a).
AR 361/91 s28
Requirements for registration
29(1) The Registrar must register an interest if
(a) the interest is qualified for registration,
(b) the person to be registered as owner has legal capacity to
own the interest,
(c) the ownership of the interest is based on a valid
transaction,
(d) the requirements of this Regulation, the Registrar’s rules
and the Metis Settlements Subdivision Regulation (Alta.
Reg. 363/91) have been met,
(e) in the case of Metis title, provisional Metis title or
allotment, the person to be registered as owner is the
settlement in whose area the land is located or a member
of that settlement,
(f) in the case of a transfer of Metis title, provisional Metis
title or allotment by a member of a settlement, the
Registrar is satisfied that
(i) the settlement in whose area the land is located has
not objected to the transfer of the interest within the
time allowed for objections by General Council
Policy, or
(ii) if an objection was made within the time allowed, the
Appeal Tribunal decides that the objection was not
valid,
and
22Section 30 METIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
(g) in the case of Metis title to be registered in the name of a
settlement member, the member, by that registration, will
not exceed the limits for holding Metis title established by
General Council Policy.
(2) If a document on which an interest is based
(a) creates more than one registrable interest, and
(b) identifies each interest in the manner prescribed by the
Registrar’s rules,
the Registrar must register each interest as a separate interest.
AR 361/91 s29
Revision of registrations
30(1) Subject to section 29 and subsection (2), a registration must
be revised
(a) if there is a transaction binding the registered owner;
(b) if the registered interest is created for a specified period
and the period has passed;
(c) to enforce a conflicting interest under the priority
enforcement rules in section 16;
(d) to enforce an overriding interest described in section 36;
(e) if the registration was obtained through the fraud of the
registered owner;
(f) to correct an unauthorized registration, subject to sections
33 and 34;
(g) to correct a void registration, subject to section 33;
(h) to enforce the rules relating to reliance on unauthorized
registrations under section 33 and invalid transactions
under section 34;
(i) to enforce a conflicting derived interest entitled to priority
of enforcement under section 35;
(j) to comply with section 95 of the Act respecting the
termination of membership in a settlement;
(k) to comply with a General Council Policy or a by-law of a
settlement authorized by a General Council Policy.
23Section 31 METIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
(2) The Registrar must not revise a registration for a reason under
subsection (1) unless the requirements of this Regulation and the
Registrar’s rules with respect to that reason have been met.
AR 361/91 s30
Settlement’s right to record
31 When a registration is revisable under section 30(1)(j) or (k),
the settlement in whose area the interest is located has an interest
that
(a) is qualified for recording, and
(b) is subject to the priority enforcement rules in section 16.
AR 361/91 s31
Entitlement to revision of registrations
32(1) When a registration is revisable under section 30(1)(e), (f)
or (g), the person whose registered interest was prejudiced by the
revisable registration has a special interest that
(a) entitles the person to obtain the benefits of the registered
interest to which that person is entitled,
(b) is qualified for recording, and
(c) is subject to the priority enforcement rules in section 16.
(2) If the Registrar is aware that a special interest may exist under
subsection (1), but because of a disputed question of fact or law the
Registrar refuses, under section 25, to revise a registration, the
Registrar must record the possible special interest.
AR 361/91 s32
Reliance on unauthorized registration
33(1) In this section,
(a) “improper owner” means the person shown as owner of a
registered interest as the result of
(i) an unauthorized registration, or
(ii) a void registration;
(b) “special owner” means the owner of a special interest
under section 32.
(2) Subsections (3) and (4) must be interpreted as if the improper
owner has the capacity to hold an interest and assign that interest.
24Section 34 METIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
(3) This section applies when, as a result of the priority
enforcement rules, an interest acquired from an improper owner
has priority over the interest of a special owner.
(4) When a person acquires an interest from an improper owner,
(a) registrations must be revised as required to enforce the
interest, even though that may prejudice a special owner,
and
(b) registrations may not be revised to the prejudice of the
person who acquires the interest from an improper owner
on the grounds that the registration of the improper owner
was subject to revision because it was an unauthorized
registration or a void registration.
(5) A special owner who sustains loss under this section is entitled
to compensation under Part 6.
AR 361/91 s33
Reliance on invalid transaction
34(1) This section applies when a subsisting or former registered
owner is prejudiced by an unauthorized registration that was
requested by the registered owner under the unauthorized
registration
(a) in the belief that the unauthorized registration was
authorized by a valid transaction, and
(b) without knowledge of the facts that rendered the
transaction invalid.
(2) When this section applies, the registered owner under the
unauthorized registration or the prejudiced person may apply to the
Appeal Tribunal for
(a) a declaration of the rights of the parties, and
(b) orders for revision of registrations and for compensation,
and must name the Registrar as a party to the proceeding.
(3) In an action under subsection (2), the Appeal Tribunal must
(a) order the unauthorized registration to be revised to nullify
the effects of the unauthorized registration, and
(b) order the registered owner under the unauthorized
registration to be compensated according to Part 6 for the
loss sustained because of the revisions,
25Section 35 METIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
but if the Appeal Tribunal believes it is just and equitable to do so,
the Appeal Tribunal may confirm the unauthorized registration and
order that the prejudiced person be compensated according to Part
6 for the loss sustained because of the confirmation of the
unauthorized registration.
(4) In deciding whether it is just and equitable to confirm the
unauthorized registration and direct that the prejudiced person be
compensated, the Appeal Tribunal must consider the following:
(a) the nature of the ownership and the use of the property by
the parties;
(b) the circumstances of the invalid transaction;
(c) the special characteristics of the property and their appeal
to the parties;
(d) the willingness of one or both of the parties to receive
compensation;
(e) the ease with which the amount of compensation for a loss
may be determined;
(f) any other circumstances that, in its opinion, are relevant.
(5) If the Registrar is satisfied that this section applies, the
Registrar may enter into an agreement with the registered owner
under the unauthorized registration or the prejudiced person
providing for payment of compensation, interest and reasonable
expenses of bringing the application, and the agreement is an
agreement under section 41(2).
(6) Section 44 applies to an order for compensation made under
subsection (3) and an agreement made under subsection (5).
AR 361/91 s34
Conflicting registrations
35(1) In this section,
(a) “derived interests” means recorded interests that are
derived from a root registered interest;
(b) “root registered interests” means the interests registered in
different registers that resulted in an initial conflict
between those interests.
(2) This section applies to determine the priority of enforcement of
derived interests from one root registered interest relative to
derived interests from another root registered interest.
26Section 36 METIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
(3) This section does not apply to determine the priority of
enforcement of conflicting
(a) root registered interests,
(b) interests under registrations to which section 30, except
section 30(1)(h), or section 33 or 34 applies, or
(c) derived interests from one root registered interest.
(4) When this section applies, all of the derived interests from one
root registered interest must be enforced with priority over the
conflicting derived interests from another root registered interest
according to the first of the following sequence of rules that is
applicable:
Rule 1 If a conflicting interest confers a right to possession and
there is actual possession under a derived interest or a root
registered interest, the derived interest on which
possession is based or that is derived from the root
registered interest upon which possession is based must be
enforced with priority.
Rule 2 If there is an interest obtained for value derived from one
root registered interest and no such interest derived from
another root registered interest, the derived interest based
upon the interest obtained for value must be enforced with
priority.
Rule 3 The derived interests from the root registered interest that
was not subject to revision of registration under section 30
when the initial conflict between interests registered in
different registers occurred must be enforced with
priority.
(5) Any owner who sustains loss because the derived interests
from another root registered interest are enforced with priority
under this section is entitled to compensation under Part 6.
AR 361/91 s35
Part 5
Interests Overriding Register
Interests overriding register
36(1) The following interests must be enforced with priority
relative to all other interests according to law:
(a) an interest of the Crown in right of Alberta reserved in,
excepted from or set out as a condition to the fee simple
granted to the General Council under letters patent;
27Section 37 METIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
(b) a lien in favour of a settlement against an interest of a
taxpayer for the amount of unpaid taxes, fees,
assessments, rates or other charges;
(c) a leasehold for a term of 3 years or less if
(i) there is actual possession of the land under the lease,
and
(ii) that possession could be discovered through
reasonable investigation;
(d) an interest created under an enactment that expressly
refers to this Regulation and expressly provides that the
interest is enforceable with priority other than as provided
in this Regulation;
(e) in the case of a pre-existing interest held by a person other
than a member of a settlement association under the
former Act that is recorded on or before June 30, 1993,
the pre-existing interest until it is recorded;
(f) in the case of a pre-existing interest held by a member of a
settlement association under the former Act that is
recorded before the interest is extinguished under the
Land Interests Conversion Regulation (Alta. Reg.
362/91), the pre-existing interest until it is recorded.
(2) Subsection (1) applies despite the priority enforcement rules in
section 16 or the effects of registration under section 26.
AR 361/91 s36
Part 6
Compensation
Grounds for compensation
37(1) This section sets out grounds for compensation that are in
addition to those specified in Part 4.
(2) Except as provided in section 40, a person who sustains loss
through
(a) a registration of an interest, a revision of a registration, a
recording or a cancellation of a recording, that is not
authorized by this Regulation, or
(b) an omission to register an interest, to revise a registration,
or to make or cancel a recording, as required by this
Regulation,
28Section 38 METIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
is entitled to be compensated for the loss sustained.
(3) The owner of a recorded later interest is entitled to be
compensated if the owner mistakenly causes cancellation of the
recording of an earlier interest, and then sustains a loss because the
earlier interest has priority under the priority enforcement rules.
(4) For the purposes of subsection (3), a person mistakenly causes
cancellation of a recording if
(a) the Registrar cancels the recording based on a document
submitted by that person,
(b) the document was not authorized by the claimant under
the recording of the earlier interest, and
(c) the person obtained the document
(i) under a transaction entered into for value,
(ii) in the belief that the document was authorized by the
claimant under the recording of the earlier interest
and was intended to terminate the earlier interest or
to allow a later interest to be enforced with priority
over the earlier interest, and
(iii) without knowledge of the facts that rendered the
document invalid.
AR 361/91 s37
Amount of compensation
38(1) The amount of compensation is,
(a) if a person is deprived of an interest, the value of the
interest, or
(b) if the priority of an interest of a person is subordinated,
the reduction in value of the interest.
(2) For the purposes of subsection (1), the value is determined as
of the earlier of
(a) the date that the Registrar receives a claim for
compensation under section 41, and
(b) the date that the Appeal Tribunal receives an application
for compensation under section 42.
AR 361/91 s38
29Section 39 METIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
Limitation of time
39 A person is not entitled to compensation unless within 2 years
of when the person knew, or should have known, of the loss the
person
(a) reached an agreement with the Registrar providing for the
payment of compensation, or
(b) applied to the Appeal Tribunal for compensation.
AR 361/91 s39
When compensation not payable
40 A person who has a special interest under section 32 is not
entitled to compensation if the loss was sustained because the
person, although aware of a special interest that could be recorded
under section 32(1), failed to record the interest promptly.
AR 361/91 s40
Compensation agreement
41(1) A person who claims to be entitled to compensation may
submit a claim to the Registrar.
(2) The Registrar may, if satisfied that the person is entitled to
compensation, enter into an agreement with the person providing
for payment to the person of
(a) compensation,
(b) interest on that amount of compensation from the date that
the Registrar receives the claim at the rate for pecuniary
damages established under Part 1 of the Judgment Interest
Act, and
(c) reasonable expenses of bringing the claim.
(3) When an agreement is entered into under subsection (2),
(a) the Registrar must certify to the holder of the assurance
fund that the person is entitled to the compensation set out
in the agreement,
(b) the person ceases to be entitled to compensation under this
Part, and
(c) the person is entitled to receive the compensation, interest
and expenses provided for in the agreement.
AR 361/91 s41
30Section 42 METIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
Compensation order
42(1) A person who claims to be entitled to compensation may
apply to the Appeal Tribunal for an order
(a) declaring that the person is entitled to compensation,
(b) determining the amount of compensation and costs, and
(c) determining the amount of interest payable under
subsection (2).
(2) Interest on the amount of compensation determined under
subsection (1) is payable at the rate for pecuniary damages
established under Part 1 of the Judgment Interest Act from the
earlier of
(a) the date that the Registrar receives a claim for
compensation under section 41, and
(b) the date that the Appeal Tribunal receives the application
for compensation.
AR 361/91 s42
Assurance fund
43(1) The assurance fund is established.
(2) The assurance fund is held by the Registrar unless the
President of Treasury Board and Minister of Finance designates a
person to hold the fund, in which case the person designated by the
President of Treasury Board and Minister of Finance holds the
fund.
(3) The assurance fund is made up of
(a) money appropriated by the Legislature for the fund, and
(b) money from any source that can be accepted for deposit
into the fund by the holder of the fund.
AR 361/91 s43;27/2002;68/2008;31/2012;62/2013
Payments
44(1) Payments may be made out of the assurance fund only for
the purpose of providing compensation, expenses, costs and
interest under this Regulation.
(2) On receipt of
(a) a certificate of the Registrar under section 41(3), or
(b) a compensation order under section 34 or 42,
31Section 45 METIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
the holder of the assurance fund must pay from the assurance fund
to the person named in the certificate or order the specified amount
of compensation, expenses, costs and interest or, if the assurance
fund is insufficient to pay all of the specified amount, the balance
in the assurance fund.
(3) If the assurance fund is insufficient to pay all of the specified
amount, the person named in the certificate or order is entitled to
receive from the assurance fund the difference between the
specified amount and the amount paid, and the holder of the
assurance fund may enter into an agreement with the person that
provides for the payment of the difference from the assurance fund.
AR 361/91 s44
Part 7
Powers of the Appeal
Tribunal and Courts
Application by aggrieved person
45 A person who objects to
(a) a recording or the cancellation of a recording,
(b) the registration of an interest or a revision of a
registration, or
(c) any decision of the Registrar with respect to any action
the Registrar is required or authorized to take under this
Regulation
may apply to the Appeal Tribunal for an order requiring the
Registrar to take any action the Registrar is required or authorized
to take under this Regulation, and on hearing the application the
Appeal Tribunal may make such an order and any further order it
thinks proper.
AR 361/91 s45
Application by Registrar
46 The Registrar may apply to the Appeal Tribunal for directions
in respect of any matter concerning the Registrar’s duties under this
Regulation, and on hearing the application the Appeal Tribunal
may give any direction and make any order it thinks proper.
AR 361/91 s46
Proof of signature
47 A person may apply to the Appeal Tribunal for an order
directing the Registrar to register an interest based on a document
in which the proof of signature is absent or defective, and on
32Section 48 METIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
hearing the application the Appeal Tribunal may make such an
order.
AR 361/91 s47
Application to cancel recording
48 A claimant may apply to the Appeal Tribunal for an order
directing the Registrar to cancel a recording purporting to affect the
interest of the claimant, and on hearing the application the Appeal
Tribunal may by order
(a) dismiss the application;
(b) direct the Registrar to cancel the recording;
(c) direct any of the parties to commence proceedings by
action or otherwise;
(d) direct that costs be paid.
AR 361/91 s48
Destroyed or lost documents
49 When the Registrar
(a) is required to produce a document, and
(b) certifies that the document has been destroyed or lost and
that no substitute for the document can be made under
section 71,
a person having an interest in the land affected by the document
may apply to the Appeal Tribunal to make an order respecting the
document that the Appeal Tribunal considers appropriate, and on
hearing the application the Appeal Tribunal may make such an
order.
AR 361/91 s49
Method of application
50 An application to the Appeal Tribunal under this Regulation
may be made according to the rules of procedure of the Appeal
Tribunal.
AR 361/91 s50
General jurisdiction of Appeal Tribunal
51 In any proceeding before the Appeal Tribunal respecting an
interest, the Appeal Tribunal may direct the Registrar to
(a) record an interest or cancel a recording, or
33Section 52 METIS SETTLEMENTS LAND REGISTRY REGULATION AR 361/91
(b) register an interest or revise a registration.
AR 361/91 s51
Court of Queen’s Bench
52 In a proceeding in the Court of Queen’s Bench for the
determination of rights of the parties to the proceeding, the Court
has all of the powers of the Appeal Tribunal under this Regulation.
AR 361/91 s52
Part 8
Administration
Division 1
Registry and Registrar
Hours of operation
53(1) The office of the Registry must be kept open during the
hours and on the days fixed by the Registrar.
(2) Facilities may be maintained at the office of each settlement
for searching the records of the Registry.
AR 361/91 s53
Registrar
54 The Registrar is responsible for directing and supervising the
operations and employees of the Registry.
AR 361/91 s54
Seal of office
55 The Registrar may have a seal of office that may be printed,
stamped or otherwise reproduced on documents.
AR 361/91 s55
Administration of oaths
56 The Registrar and every Deputy Registrar may administer an
oath that forms part of a document that is to be recorded in the
Registry.
AR 361/91 s56
Delegation
57(1) The Registrar may delegate in writing to any person any
power or duty conferred or imposed on the Registrar by this
Regulation.
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