Table of Contents

CHAPTER 5 — LAND TITLE

REGISTRATION OF TSAWWASSEN LANDS AND OTHER TSAWWASSEN LANDS

1.  On the Effective Date:

a. the interests of Tsawwassen First Nation in Tsawwassen Lands and Other Tsawwassen Lands; and

b. the interests referred to in Appendices D-1 through D-7,

and any other interests subordinate to those interests will be registered, or will remain registered, in the Land Title Office in accordance with the requirements of the Land Title Act.

2.  On registration of the indefeasible title to a parcel of Tsawwassen Lands the Registrar will make a notation on the indefeasible title that the parcel is Tsawwassen Lands and may be subject to conditions, provisos, restrictions, exceptions and reservations, in favour of Tsawwassen First Nation.

3.  Registration, in accordance with clause 1, including the provision of a State of Title Certificate, will be at no cost to Tsawwassen First Nation or the holder of an interest referred to in clause 1, except for a Public Utility, other than Tsawwassen First Nation, with an interest referred to in Appendix D-3.

4.  No title adverse to, or in derogation of, the title of the registered owner of a parcel of Tsawwassen Lands under the Land Title Act will be acquired by length of possession and, for greater certainty, subsection 23 (4) of the Land Title Act does not apply in respect of Tsawwassen Lands.

CANCELLATION OF INDEFEASIBLE TITLE

5.  Only Tsawwassen First Nation, in accordance with this chapter, may apply under the Land Title Act for cancellation of the registration of an indefeasible title to a parcel of Tsawwassen Lands.

6.  When applying under the Land Title Act, in accordance with this chapter, for the cancellation of the registration of an indefeasible title to a parcel of Tsawwassen Lands, Tsawwassen First Nation will provide to the Registrar an application for cancellation of the registration and any duplicate indefeasible title that may have been issued in respect of that parcel.

7.  Upon receiving an application from Tsawwassen First Nation for cancellation of the registration of an indefeasible title to a parcel of Tsawwassen Lands under clauses 5 and 6, and if:

a. the registered owner of the estate in fee simple to the parcel is Tsawwassen First Nation, a Tsawwassen Corporation or a Tsawwassen Public Institution;

b. the registered owner consents; and

c. the indefeasible title to the parcel is free and clear of all charges, except those in favour of Tsawwassen First Nation,

the Registrar will cancel the registration of the indefeasible title.

8.  The Land Title Act will not apply to a parcel of Tsawwassen Lands for which the indefeasible title under the Land Title Act has been cancelled under that Act in accordance with this Agreement.

AMENDMENT TO THE LAND TITLE ACT

9.  Provincial Settlement Legislation will amend the Land Title Act:

a. to give effect to this Agreement;

b. to require that a Certificate of Transfer issued in accordance with Tsawwassen Law be submitted to the Registrar before the transfer of a fee simple interest may be registered in respect of Tsawwassen Lands; and

c. so that, under that Act, the position of the Tsawwassen First Nation and the Tsawwassen Government in relation to Tsawwassen Lands is analogous, as may be applicable, to:

i. the Crown and the provincial government in relation to Crown land, or

ii. a municipality and its council, a regional district and its board or an improvement district and its board of trustees, in relation to lands in a municipality, regional district or improvement district.

10.  The Registrar is entitled to rely on, and is not required to make any inquiries in respect of, the matters certified in the Certificate of Transfer.