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AR 361/91 METIS SETTLEMENTS LAND REGISTRY REGULATION

(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 recording

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       Settlements 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 Queens Bench

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       Registrars 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

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

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 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;

                                 (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,

                                          (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

                                 (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

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.

(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;

                                 (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

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

                                 (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

                                                   (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.

(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

                                 (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,

                                 (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

                                 (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.

(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,

                                 (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,

                                 (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

                                 (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.

(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

Settlements 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.

(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,

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.

(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;

                                 (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,

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

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

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,

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 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

                                 (b)    register an interest or revise a registration.

AR 361/91 s51

Court of Queens 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.

(2)  Subsection (1) does not apply to any power or duty of the Registrar to make Registrar’s rules.

AR 361/91 s57

Request for reasons

58   On the request of a person having an interest that is affected by a decision of the Registrar, the Registrar must provide to the person written reasons for the decision.

AR 361/91 s58

Alteration of documents

59   The Registrar may alter any document submitted under this Regulation before the document is recorded or registered if the Registrar obtains the written consent of the parties who, in the opinion of the Registrar, will be affected by the alteration.

AR 361/91 s59

Division 2
Registrar
s Rules

Registrars rules

60   The Registrar may, in consultation with the General Council, make rules

                                 (a)    prescribing requirements

                                           (i)    as to the form of documents submitted for recording to facilitate their efficient processing,

                                          (ii)    as to the form and content of documents submitted for registration to facilitate their efficient processing and comprehension of their legal effect, and

                                         (iii)    for verifying the authenticity of documents submitted to obtain the registration of interests, the revision of registrations or the cancellation of recordings;

                                 (b)    prescribing that the original document or a copy certified in a manner approved by the Registrar must be submitted for recording or registration;

                                 (c)    prescribing forms for the notice to apply to the Appeal Tribunal and the service document for the purposes of section 20;

                                 (d)    prescribing requirements as to legal descriptions of parcels;

                                 (e)    prescribing the manner by which a document identifies more than one registrable interest for the purposes of section 29(2);

                                 (f)    governing the valuation of land for the purposes of determining fees;

                                 (g)    governing the extension of credit to a person required to pay a fee.

AR 361/91 s60

Division 3
Deposit File, Registers and Procedures

Deposit file

61(1)  The Registrar must establish and maintain a deposit file for documents that are authorized or required to be filed with the Registrar or that the Registrar considers appropriate for filing.

(2)  The filing of a document in the deposit file does not affect the ownership or priority of an interest.

AR 361/91 s61

Record of accepted documents

62   The Registrar must keep a record that contains particulars of every document accepted by the Registrar for recording, registration or filing.

AR 361/91 s62

Form of registers

63   The registers, deposit file and records established under this Regulation and documents that the Registrar records or files under this Regulation may be maintained as information that can be converted by a machine or device into a form that people can read, such as information

                                 (a)    on microfilm,

                                 (b)    in electronic, mechanical or magnetic storage, or

                                 (c)    in electronic data transmission signals.

AR 361/91 s63

Processing of documents

64(1)  The Registrar must

                                 (a)    cause every document received for recording or filing to be examined, and

                                 (b)    assign to and endorse on every document accepted for recording or filing an identifier.

(2)  The identifier must be a number or a combination of numbers and letters.

(3)  The Registrar may reject any document that does not comply with this Regulation or the Registrar’s rules. 

AR 361/91 s64

Fees

65(1)  The Minister, in consultation with the General Council, may prescribe

                                 (a)    fees for the performance of any duty or the provision of any service by the Registrar under this or any other enactment, and

                                 (b)    assurance fund fees.

(2)  The Registrar is not required to perform any duty or provide any service under this or any other enactment until the Registrar receives the fees prescribed under subsection (1).

AR 361/91 s65

Sending notices

66   When the Registrar records a document, other than a document cancelling a recording, the Registrar must send a notice of the recording to the owner of the interest against which the claim is recorded.

AR 361/91 s66

Entries on registers

67   In making any recording, cancellation, registration, revision, correction or other entry in a register, the Registrar must keep a record of the original words and must mark the date on which the recording, cancellation, registration, revision, correction or entry was made.

AR 361/91 s67

Searches and copies

68(1)  The Registrar must allow a person who pays the prescribed fee to search a register or examine a document that has been recorded in a register or filed in the deposit file. 

(2)  The Registrar must provide a person who pays the prescribed fee with a copy or certified copy of any register or document that has been recorded in a register or filed in the deposit file.

(3)  Subsections (1) and (2) are subject to the conditions respecting the confidentiality of estate instructions established by General Council Policy. 

(4)  Despite subsections (1) and (2), if a document cannot be provided for examination or if a copy of a document cannot be made, the Registrar may provide such information about the document as is available to the Registrar.

AR 361/91 s68

Certified copies

69   A copy certified by the Registrar to be a true copy of a register or document is admissible in evidence in any proceeding to the same extent as the original would be admissible without proof of the signature or official capacity of the person who appears to have signed the certification.

AR 361/91 s69

Duplicate records

70   The Registrar may, by any method the Registrar considers appropriate, keep a duplicate record of

                                 (a)    a register when it is cancelled,

                                 (b)    a new register when it is established,

                                 (c)    a register after an entry is made in it, or

                                 (d)    a document accepted for recording, registration or filing.

AR 361/91 s70

Substitute document

71(1)  If the Registrar is satisfied that a document has been destroyed or is lost, the Registrar may use

                                 (a)    a duplicate of the document kept in the Registry,

                                 (b)    a certified copy of the document, or

                                 (c)    other records kept in the Registry,

to make a substitute for the document.

(2)  Where a substitute for the document is made under subsection (1), it has the same force and effect as the original document.

AR 361/91 s71

Cancellation of recordings

72   The Registrar must not cancel a recording under section 18(2)(a) or (b) unless an order of the Appeal Tribunal or a court is submitted that orders the cancellation of the recording.

AR 361/91 s72

Revision of registrations

73(1)  The Registrar must not revise a registration

                                 (a)    under section 30(1)(b) unless

                                           (i)    the owner of the interest requests the cancellation of the registration,

                                          (ii)    the Registrar notifies the owner that the interest appears to have expired and will be cancelled unless the owner notifies the Registrar within 60 days after the notice was sent that the owner objects to the cancellation and the owner does not object within the 60 days, or

                                         (iii)    an order of the Appeal Tribunal or a court is submitted that orders the cancellation of the registration;

                                 (b)    under section 30(1)(c) to (i) unless an order of the Appeal Tribunal or court is submitted that orders the revision of the registration;

                                 (c)    under section 30(1)(j), unless the Registrar is satisfied that the person’s settlement membership is terminated or if an appeal is made, the Appeal Tribunal or court confirms or declares that the person’s settlement membership is terminated;

                                 (d)    under section 30(1)(k) unless the documents required by the General Council Policy or by‑laws to effect the revision are submitted.

(2)  Despite subsection (1)(b), the Registrar may correct an unauthorized registration made by error of the Registrar if the correction is made before another interest is recorded on the register on which the unauthorized registration appears.

AR 361/91 s73;159/2013

Division 4
Requirements for Documents
Other Than Plans

Letters patent

74   The Registrar must be provided with the letters patent for each settlement area.

AR 361/91 s74

Names and addresses

75(1)  If a document other than a writ of execution is presented to the Registrar for recording or registration and does not disclose, in respect of any person who is a party to the document or who issued or is affected by the document, whether or not the person signed it,

                                 (a)    the person’s surname and at least one given name in full, in the case of a natural person, and

                                 (b)    an address in Alberta that is in the opinion of the Registrar sufficient for the purpose of giving notice by mail to that person,

the Registrar may refuse to record or register the document until either the document is changed to contain the information required by the Registrar or there is furnished to the Registrar a memorandum by or on behalf of the person presenting the document setting out the information required by the Registrar.

(2)  A registered owner or a claimant may at any time

                                 (a)    file with the Registrar a notice of change of address for service that is in Alberta, and

                                 (b)    direct the Registrar to change the address for service of the owner or claimant on entries relating to registered and recorded interests of the owner or claimant listed in the notice.

AR 361/91 s75

Registration of judgment, order or certificate

76(1)  Subject to subsection (2), the Registrar must not register a judgment, order or certificate made in any proceedings of a court or the Appeal Tribunal that operates to cancel a register, terminate an interest in land or cancel a registration or a recording unless

                                 (a)    the judgment, order or certificate

                                           (i)    is consented to by all the parties to the proceedings or their lawyers,

                                          (ii)    was granted ex parte and states that it does not have to be served on any person, or

                                         (iii)    is accompanied by a written undertaking from those persons having a right to appeal from the judgment, order or certificate, or their lawyers, that no appeal from the judgment order or certificate will be commenced,

                                     or

                                 (b)    the Registrar is satisfied that the time for the last available appeal from the judgment, order or certificate has passed. 

(2)  This section does not apply to a judgment, order or certificate that expressly states that it must be registered despite the requirements of subsection (1).

AR 361/91 s76

Instruments in favour of corporations

77   The Registrar may reject any document under which an interest is claimed or dealt with on behalf of a corporation unless the Registrar is satisfied that the corporation is entitled to hold land in Alberta.

AR 361/91 s77

Signing of documents by corporation

78   A document signed by a corporation, despite anything to the contrary in any enactment or in any of the constitutional documents of the corporation, is for the purposes of this Regulation deemed to be sufficiently signed if

                                 (a)    the document is sealed with the corporate seal of the corporation and countersigned by at least one officer or director of the corporation, or

                                 (b)    the document is signed by at least one officer or director of the corporation, the requirements of the Registrar’s rules respecting the authenticity of documents are met and the officer or director verifies by affidavit that the officer or director has authority to sign the document.

AR 361/91 s78

Dower Act

79(1)  When no consent of a spouse under the Dower Act or order dispensing with the consent is contained in or attached to a document that affects, confers, confirms or terminates Metis title, provisional Metis title, an allotment or a leasehold made by a settlement member who is the registered owner of the interest, the Registrar must, before registering the document, require an affidavit of the owner establishing that

                                 (a)    the land described in the document is not the homestead of the owner, or

                                 (b)    the owner is not married.

(2)  The affidavit must be supported by any other evidence by affidavit or otherwise that the Registrar may require. 

(3)  If the document is signed under a power of attorney, the person signing it may make the affidavit if the person is acquainted with the facts.

(4)  If the spouse consents to the disposition of the homestead, the Registrar must not register the document until the requirements of the Dower Act respecting an acknowledgement by the spouse are met.

AR 361/91 s79

Division 5
Highways

Road title

80   The Registrar may establish an interest register for road title only if the settlement that holds the road title grants an interest from the road title and the holder of that interest submits it for recording.

AR 361/91 s80

Highways managed by Crown

81(1)  If the right of management of land for highways, roads, intersections and river crossings reserved to the Crown in right of Alberta by the letters patent is submitted for recording, the right of management must be recorded on the fee simple register for that land.

(2)  If the Registrar is satisfied that the Crown in right of Alberta has acquired, in accordance with the letters patent, the right of management of land for highways, roads, intersections or river crossings for which an interest register for road title has been established, the Registrar must

                                 (a)    cancel the interest register for road title, and

                                 (b)    record the Crown’s right of management and the interest that had been granted from the road title on the fee simple register for the land that is subject to the Crown’s right of management.

AR 361/91 s81

Division 6
Plans

Filing of plans

82   Plans must be filed in the deposit file.

AR 361/91 s82

Registrar requires plan

83(1)  The Registrar may, before recording any interest, require a plan of survey or a descriptive plan as specified by the Registrar to be filed that shows the boundaries of the land affected by the interest.

(2)  If the Registrar requires a plan, the Registrar may refuse to record the interest until the plan has been filed.

AR 361/91 s83

Plan showing existing boundaries

84(1)  A registered owner of an interest may submit for filing a plan of survey or, if permitted by the Registrar, a descriptive plan that shows the boundaries of the land affected by the interest.

(2)  The Registrar may cause a plan of survey or a descriptive plan to be prepared and filed that shows the boundaries of land affected by a registered interest.

AR 361/91 s84

New register

85(1)  On filing a plan under section 83 or 84 or a plan of subdivision under the Metis Settlements Subdivision Regulation (Alta. Reg. 363/91), the Registrar must cancel the relevant register for the land shown on the plan and, subject to subsection (2), establish one or more new registers for that land.

(2)  When establishing a new register under subsection (1), the Registrar must not establish a register for any land subject to road title.

(3)  The Registrar must notify the registered owner and all other persons having a registered or recorded interest in a register cancelled under subsection (1) that the description of the parcel for the register has changed.

AR 361/91 s85

Plan of survey requirements

86(1)  The Registrar is not required to file a plan of survey prepared under this Regulation or the Metis Settlements Subdivision Regulation (Alta. Reg. 363/91) unless the requirements of this section are met.

(2)  A plan of survey must

                                 (a)    illustrate and represent the survey as made on the ground in accordance with the Surveys Act;

                                 (b)    be prepared

                                           (i)    to the satisfaction of the Registrar, so that it contains the information and details that the Registrar considers appropriate, and

                                          (ii)    on a medium or material approved by the Registrar;

                                 (c)    state the purpose of the survey;

                                 (d)    be certified by the Alberta land surveyor who carried out the survey illustrated on the plan of survey.

(3)  The illustration of a survey must include

                                 (a)    the position and nature of all survey monuments found and placed in the course of the survey,

                                 (b)    subject to subsection (4), the original boundary lines of any parcel of land affected by the survey and any boundary line established by the survey, and

                                 (c)    a sufficient number of measurements,

as are necessary to enable the position of the parcels established by the survey to be located on the ground. 

(4)  If, in the opinion of the Registrar, it is not necessary to show all of the original boundaries of a parcel in order to determine the position of the land intended to be dealt with, it is sufficient to show only the information in regard to the boundaries that the Registrar determines to be necessary. 

(5)  The Registrar must be satisfied that the council of the settlement in whose area the parcel shown on the plan is located was notified that the plan was being prepared.

AR 361/91 s86

Descriptive plan requirements

87(1)  The Registrar is not required to file a descriptive plan prepared under this Regulation or the Metis Settlements Subdivision Regulation (Alta. Reg. 363/91) unless the requirements of this section are met.

(2)  A descriptive plan must

                                 (a)    be styled as a “descriptive plan”;

                                 (b)    be prepared in a manner and on a medium or material that is satisfactory to the Registrar;

                                 (c)    contain sufficient detail so that, in the opinion of the Registrar, the boundaries of the parcel for the relevant interests can be ascertained from the plan;

                                 (d)    be signed by the person who prepared the plan.

(3)  The Registrar must be satisfied that the council of the settlement in whose area the parcel shown on the plan is located was notified that the plan was being prepared.

AR 361/91 s87

Powers of Registrar

88   Before a plan is filed the Registrar may

                                 (a)    require a written explanation of

                                           (i)    any apparent discrepancy between the plan and the description of the land in a register or any former plan, or

                                          (ii)    any other matter shown on or affecting the plan,

                                          that in the Registrar’s opinion requires an explanation;

                                 (b)    if the plan is a plan of survey, require the plan to be submitted to the Director of Surveys for confirmation that the survey as represented by the plan complies with the requirements of the Surveys Act.

AR 361/91 s88

Change of legal description

89(1)  The Registrar may change the legal description of a parcel in a register if

                                 (a)    the Registrar is satisfied that the change will not adversely affect any person, and

                                 (b)    the change does not alter the boundaries of the parcel. 

(2)  On making a change under subsection (1), the Registrar must notify the registered owner and all other persons having a registered or recorded interest in the register that the description of the parcel has been changed.

AR 361/91 s89

Correction of plans by Registrar

90(1)  When there is an omission, clerical error or other defect in a plan prepared under this Regulation or the Metis Settlements Subdivision Regulation (Alta. Reg. 363/91) that has been filed in the deposit file, the Registrar may correct the plan if

                                 (a)    the Registrar is satisfied that the correction will not adversely affect any person, or

                                 (b)    where the correction may adversely affect a person, that person has consented to the correction,

and the Alberta land surveyor who signed the plan in the case of a plan of survey or the person who prepared the plan in the case of a descriptive plan has consented to the correction.

(2)  If the Alberta land surveyor or person who prepared the plan is not available, the Registrar must obtain the consent of the Director of Surveys before making the correction.

AR 361/91 s90

Changes to plans by Appeal Tribunal or court

91(1)  The Appeal Tribunal or a court may make an order that amends, corrects or partly or completely cancels a plan filed in the deposit file.

(2)  The following may apply for an order under subsection (1):

                                 (a)    the settlement in whose area the plan is located;

                                 (b)    a person who has a recorded interest in land shown on the plan;

                                 (c)    the Alberta land surveyor who signed the plan in the case of a plan of survey or the person who prepared the plan in the case of a descriptive plan;

                                 (d)    the Registrar.

(3)  Notice of the hearing to decide the application must be given to the persons referred to in subsection (2) in such manner as the Appeal Tribunal or court directs.

(4)  After conducting a hearing to decide the application, the Appeal Tribunal or court may order that

                                 (a)    the plan be amended, corrected or partly or completely cancelled, and

                                 (b)    the ownership of any interest in land shown on the plan is transferred.

AR 361/91 s91

Division 7
Interests Passing on Death

Death of settlement members

92(1)  This section applies to the interests of settlement members and their estates.

(2)  The Registrar must maintain a record of estate instructions and amendments filed under a General Council Policy.

(3)  The Registrar may disclose estate instructions only in accordance with a General Council Policy.

(4)  On receipt of

                                 (a)    a death certificate or other proof of death of a registered owner of an interest or a claimant,

                                 (b)    an application by a person who is the land trustee for the deceased under a General Council Policy, and

                                 (c)    such evidence as the Registrar requires that the applicant is the land trustee of the deceased,

the Registrar must change the appropriate register to show the land trustee as registered owner of the interests of which the deceased was registered as owner and to show the land trustee as the claimant of the interests recorded by the deceased.

AR 361/91 s92

Death of non‑settlement members

93(1)  This section applies to interests of persons who are not settlement members and the estates of those persons.

(2)  On receipt of

                                 (a)    the probate of the will of, the letters of administration of or the order of a court authorizing a person to administer the estate of a deceased registered owner of an interest or a claimant, and

                                 (b)    an application in writing from the executor, administrator or person authorized by the court to administer the estate to be registered as owner or claimant,

the Registrar must change the appropriate registers to show the applicant as registered owner of the interests of which the deceased was registered as owner and to show the applicant as the claimant of the interests recorded by the deceased.

(3)  For the purposes of this section, sections 118 to 120 of the Land Titles Act are adopted with the necessary changes.

AR 361/91 s93

Part 9
Adoption of Provisions of
the Land Titles Act

Definitions

94   In this Part, if a word is not defined in the Metis Settlements Act or in section 1 of this Regulation, but it is defined in the Land Titles Act, the meaning of the word in the Land Titles Act applies.

AR 361/91 s94

Purpose

95   This Part adopts with modifications provisions of the Land Titles Act.

AR 361/91 s95

Implied covenants

96   In every document that transfers an interest there is implied the following covenant by the transferor:

                                          The transferor will do any acts and sign any documents that are, under the Metis Settlements Land Registry Regulation, necessary to give effect to all covenants, conditions and purposes expressly set out in the document or are by the Regulation declared to be implied against that person in documents of a like nature.

AR 361/91 s96

Implied covenants respecting security interests

97(1)  In every document that transfers an interest that is subject to a security interest, there is implied the following covenant by the transferee with both the transferor and the holder of the security interest:

                                          The transferee will pay the principal money, interest, annuity or rent charge secured by the security interest, at the rate and at the time specified in the security interest, and will indemnify and keep harmless the transferor from and against the liability in respect of the principal sum or other money secured by the security interest and from and against the liability in respect of any of the covenants contained in the security interest or implied under the Metis Settlements Land Registry Regulation on the part of the transferor.

(2)  If a transferee declines to register any such transfer, the transferor or the holder of the security interest may by notice call on the transferee, or any other person as the Appeal Tribunal may direct, to show cause why it should not be registered, and after the transferee or other person has had an opportunity to show cause, the Appeal Tribunal may order the registration of the transfer within a specified time or make any further or other order and on any terms as to costs and otherwise that to the Appeal Tribunal seem proper.

AR 361/91 s97

Negation or modification of implied covenants

98(1)  The covenants and powers declared under sections 96 and 97 to be implied in a document may be negatived or modified by express declaration in the document.

(2)  In an action for a breach of any such covenant, the covenant alleged to be broken may be set out and it may be alleged that the party against whom the action is brought did so covenant precisely in the same manner as if the covenant had been expressed in words in the transfer, despite any law or practice to the contrary.

(3)  Every such implied covenant has the same force and effect and is enforceable in the same manner as if it had been set out in the transfer. 

(4)  When any transfer is signed in accordance with this Regulation by more parties than one, the covenants that are by this Act to be implied in documents must be construed to be several and not to bind the parties jointly.

AR 361/91 s98

Grant of easement or restrictive covenant

99(1)  If a General Council Policy authorizes the registration of easements or restrictive covenants, an owner may grant to himself an easement or restrictive covenant for the benefit of land that he owns and against land that he owns, and the easement or restrictive convenant may be registered.

(2)  When the dominant and servient tenements are registered in the name of the same person, an easement under subsection (1) is not merged by reason of the common ownership.

AR 361/91 s99

Utility interest

100(1)  If a General Council Policy authorizes the registration of a utility interest, only a utility interest in favour of the Crown in right of Alberta or Canada, a corporation or the person granting the utility interest may be registered.

(2)  On registration, the grantee has the right to use the land in accordance with the terms of the utility interest, and that right runs with the land notwithstanding that the benefit of the right is not appurtenant or annexed to any land of the grantee.

(3)  The owner of a utility interest may at any time, by a document to that effect registered under this Regulation, surrender the right granted by a utility interest registered under subsection (1).

(4)  Despite subsection (3), a utility interest that is subject to a security interest may not be surrendered unless the surrender is consented to by the owner of the security interest.

AR 361/91 s100

Party wall agreement

101(1)  In this section, “party wall agreement” includes a declaration registered under subsection (3).

(2)  A party wall agreement entered into by persons who are registered owners of adjoining parcels of land

                                 (a)    declaring a certain existing wall or a wall that is to be constructed on those parcels to be a party wall, and

                                 (b)    setting out the rights, privileges, easements and covenants that exist in respect of the party wall,

may, if authorized by a General Council Policy, be registered. 

(3)  If authorized by a General Council Policy, a person who is the registered owner of adjoining parcels of land may register a declaration

                                 (a)    declaring a certain existing wall or a wall that is to be constructed on those parcels to be a party wall, and

                                 (b)    setting out the rights, privileges, easements and covenants that exist in respect of the party wall.

(4)  When land is subject to, or has appurtenant to it, or enjoys with it any rights, privileges, easements and covenants under a party wall agreement, those rights, privileges, easements and covenants run with the land.

AR 361/91 s101

Encroachment agreement

102   An encroachment agreement signed by the registered owner of a parcel of land to permit the encroachment of improvements made on an adjoining parcel of land

                                 (a)    may, if authorized by a General Council Policy, be registered against the parcels of land affected by that agreement, and

                                 (b)    after registration, is binding on and enures to the benefit of all persons subsequently acquiring interests in the parcels of land affected by that agreement to the same extent as if it were an easement.

AR 361/91 s102

Cancellation of certain interests

103   The Registrar must cancel the registration of an easement, a restrictive covenant, a party wall agreement or an encroachment agreement on production of a discharge signed by the registered owner of the dominant tenement.

AR 361/91 s103

Leases

104   The Registrar must not register a document surrendering a lease unless the persons having a recorded interest in the lease consent to the surrender.

AR 361/91 s104

Recording of writ

105(1)  This section applies to a writ of execution and to the interests of the execution creditor and the execution debtor, only if

                                 (a)    the execution debtor is not the General Council, a settlement or a member of a settlement, or

                                 (b)    the execution debtor is a member of a settlement and a General Council Policy has declared that the member’s interest is not exempt from seizure or sale under a writ of execution.

(2)  The interest of an execution creditor under a subsisting writ of execution to which this section applies is an interest in land which is qualified for recording.

(3)  All legal and equitable interests of the execution debtor in the land against which the interest of the execution creditor is recorded are bound by the writ of execution.

(4)  Every writ or renewal of the writ ceases to bind or affect land at the expiration of 6 years from the date of the recording of the writ or renewal, unless before the expiration of the 6 years a renewal of the writ is recorded.

(5)  If an action is brought on a judgment before the date when the taking of the action would be barred by the Limitation of Actions Act, and there is at the time when the action is brought a recording of a writ of execution that is still in force and issued on that judgment and if, while that judgment is still in force or would be in force but for the obtaining of a judgment based on the existing judgment, the execution creditor records an interest under a writ of execution issued on a judgment in the action, the last mentioned writ of execution has the same priority as the writ of execution first mentioned, and the Registrar must make the necessary entries in the register to establish the priority of the last mentioned writ of execution.

AR 361/91 s105

Sale by sheriff

106(1)  No sale by a sheriff or officer appointed by a court of any recorded interest under process of law is of any effect until it has been confirmed by the Appeal Tribunal.

(2)  The Registrar must not register a document signed by the sheriff or officer appointed by a court to give effect to a sale unless an order of the Appeal Tribunal confirming the sale is endorsed on the document or attached to the document.

AR 361/91 s106

Registration of transfer of land sold by sheriff

107   A transfer of land sold under process of law must be recorded within a period of 2 months of the date of the order of confirmation, unless that period is extended by an order of the Appeal Tribunal, and if the transfer is not recorded within that period or within the time fixed by the order, the transfer ceases to be valid as against the owner of the land sold and any person claiming by, from or through the owner.

AR 361/91 s107

Application for confirmation of sale

108(1)  The application for confirmation of a sale of land made under process of law may, on notice to the owner, be made by the sheriff or officer appointed by a court making the sale or by any person interested in the sale, unless the Appeal Tribunal dispenses with the notice.

(2)  If the sale is confirmed, the costs of confirmation must be paid out of the purchase money or as the Appeal Tribunal directs.

(3)  If the sale is not confirmed, the purchase money paid must be refunded to the purchaser.

(4)  The Appeal Tribunal may make any order as to the costs of all parties to the sale and of the application for confirmation that it thinks just.

AR 361/91 s108

Part 10
Transitional and Coming into Force

Uncertain parcel boundaries

109(1)  When establishing a Metis title register under section 8(2), the Registrar may, if the Registrar believes the boundaries of the interest are uncertain, enter on the register a warning that the boundaries of the parcel are uncertain.

(2)  A Metis title register that has a warning of uncertain boundaries is limited by the uncertainty and there is no claim for compensation under this Regulation as a result of that uncertainty.

(3)  If the owners affected by the uncertain boundaries agree on the boundaries of the parcel, the owners may submit a plan or other document acceptable to the Registrar that establishes the boundaries.

(4)  The plan or other document must be signed by the owner of every recorded interest affected by the boundaries.

(5)  After the plan is filed or other document is recorded, the plan or document establishes the boundaries for the parcel and the Registrar must remove the warning of uncertain boundaries.

(6)  If a dispute arises over the boundaries in respect of a Metis title register that has a warning of uncertain boundaries, an owner affected by the dispute may refer the matter to the Appeal Tribunal for a decision.

(7)  A plan prepared under this section is not a plan of subdivision for the purposes of the Metis Settlements Subdivision Regulation (Alta. Reg. 363/91).

AR 361/91 s109;45/2014

Pre‑existing interests

110(1)  A pre‑existing interest held by a person other than a member of a settlement association under the former Act that is submitted for recording on or before June 30, 1993 must not be refused for non‑compliance with this Regulation or the Registrar’s rules.

(2)  A pre‑existing interest referred to in subsection (1) may be recorded on the fee simple register, Metis title register and any interest register for the land affected by the pre‑existing interest.

(3)  A pre‑existing interest held by a member of a settlement association under the former Act that is submitted for recording before the interest is extinguished under the Land Interests Conversion Regulation (Alta. Reg. 362/91) must not be refused for non‑compliance with this Regulation or the Registrar’s rules.

AR 361/91 s110

Coming into force

111   This Regulation comes into force on November 1, 1991.

AR 361/91 s111