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Chapter D17 ver. 1

First Nation Land Management Land Description

Table of Contents

Effective Date

This Chapter came in force September 19th, 2011.

Chapter Sections

1. Introduction

The First Nations Land Management Act (FNLMA) is the basis for First Nations to opt out of the Land Management Sections of the Indian Act and to take over responsibility for the management and control of their Reserve lands and resources.

Legal descriptions are required to define the extent of reserve lands that are to be included in the transfer of land management functions to individual First Nations. The purpose of these Guidelines is to ensure the legal description used for this transfer is based upon solid research of the historical extent of the Reserve, the present extent of the Reserve, and the transition between the two. These Guidelines outline the research expected, the format of reporting, the procedure for circulation and consultation, and the approving and filing of the report.

Surveyor General Branch is responsible for the quality and consistency of the Legal Description Report that supports FNLM. From the stakeholder's perspective, this is a national Project and they are expecting a consistent level of quality and a consistent format of product. The stakeholders are also aware that each area of the country is unique with a distinct history and a distinct set of issues and concerns. Surveyor General Branch will conduct an internal review of all of the Legal Description Reports prior to the Reports being presented to the First Nation for discussion to ensure consistency and quality in the Reports.

The work of preparing these Legal Description Reports is complex and poses unique challenges. The work requires creativity, precision and thoroughness. Creativity is needed to devise the most simple and effective way of describing the extent of the land while maintaining the legal integrity. Precision and thoroughness is needed as documentation, including survey plans must be researched carefully and interpreted correctly.

2. Procedures

2.1 Review of Records

2.1.1 Determine the extent of the Project

A review of the following may assist in determining the extent of the project:

  • The Reserve General Abstract and Instrument Report from the Indian Lands Registry System (ILRS) or First Nation Land Register System (FNLRS).
  • The list of survey plans for the Reserve in the Canada Lands Survey Records (CLSR).
  • The Indian and Northern Affairs Canada (INAC) Lands Sales System database.
  • From the Land Titles Office (LTO), the Provincial Crown Land Registry or Land Registry Offices any information relating to adjacent or conflicting interests that may affect the location of the exterior Reserve boundaries. This research will only be performed for those areas where encroachments or conflicting interests are suspected or known, as there are not enough resources to do a complete search of all jurisdictional boundaries.
  • Information relating to any boundary or title issues relevant to the legal description contained in the Surveyor General Branch files for the Reserve.
  • The most recent available general mapping or photomapping of the Reserve.
2.1.2 Indian Lands Registry / First Nation Land Register

A review of documents in the ILRS/FNLRS and other documents as outlined above is required to determine the extent of the First Nation Lands. The Reserve as originally set aside and all additions and deletions thereto must be analyzed in order to determine the current boundary of the Reserve.

The Reserve General Abstract Report and Instrument Report provide a list of all registered interests affecting the Reserve.

Although it may not be necessary to access and read every instrument for a Reserve in the ILRS/FNLRS, care must be taken in relying on the instrument descriptions in the abstract, as they are not always adequately or correctly described. As well, expired or canceled documents are not always shown as being expired or canceled. As a general rule, when there is more than one instrument dealing with a particular interest the latest instrument should be used.

There are some situations where there is a poor inter-relationship between registered instruments and surveys. In several cases instruments may refer to a sketch plan that is inadequate or is not attached. In some cases a later recent survey may deal with the same parcel. However, the legal description must comply with the current registered instrument.

2.1.3 Canada Lands Survey Records

A review of plans in the CLSR is required to determine the extent of lands described in instruments in the ILRS/FNLRS of a Reserve. As well, it is required to determine the extent of any of interests to which the land transferred will be subject to.

An Order in Council (particularly if it is an older one) may use a general reference such as a plan approved and confirmed on a certain day. This can cause a dilemma if there are several copies of the same plan each having a different CLSR number. The Surveyor must determine which plan to use in the legal description. Where there is doubt as to what the duplicate plans represent, contact the Surveyor General Branch Head of Regulations in Ottawa.

2.1.4 Pending Transactions

Often there are situations where transactions that would affect the lands being transferred under FNLMA are pending. In many of these cases plans may already be confirmed and recorded in the CLSR. As a rule, pending transactions shall not be included in the legal description.

2.2 Project Requirements

2.2.1 Possible Additional Project Requirements

Depending on the findings from the review of the records, the work may include some or all of the following tasks. These tasks may be done by Surveyor General Branch staff or by contract, however if any of these tasks are to be done by a contractor, they will be specified in survey instructions or in a contract:

  • A preliminary consultation with the First Nation to explain the project and obtain their input with regard to any issues they may have and/or with the Regional INAC Office to discuss the scope of the project.
  • An analysis of current mapping of the Reserve to determine:
    • if there are significant changes in location of natural boundaries,
    • if there are any obvious encroachments into the Reserve or obvious Reserve improvements outside of Reserve lands
  • Where deemed necessary, a field inspection to investigate, or further investigate, any of the above matters.
  • If there are significant changes in the location of Reserve natural boundaries and the nature of the changes are uncertain an analysis of historic aerial photography and other documentation.
  • A field survey may be required (prior to the First Nation vote) or recommended (to be done after the vote or prior to the vote if time and resources permit). (Refer to Section 3.4 of these Guidelines for further information). All surveys will be done to Official Survey standards, as described in Chapter D1 of the General Instructions for Surveys, e-Edition.
  • Preparation of a Land Management Transfer (LMT) Plan (under Section 31) of all or a part of the Reserve in order to consolidate or compile several existing official plans and or documents onto one plan for ease and clarity of the legal description. Refer to Appendix E for further information on the LMT Plans.
  • Research provincial sources, keeping in mind the various ministries, for survey plans, deeds, titles and other relevant documents of lands underlying and or adjacent to Reserve lands to determine if there are any encroachments or conflicting interests.
  • A discussion of historic issues or First Nation concerns with the Regional INAC Office and Department of Justice lawyers working for INAC.
2.2.2 Reference Plan Amendments

The exterior boundaries shown on the Surveyor General Branch reference plan should be reviewed in conjunction with the preparation of the Report. If corrections to the reference plan are required the applicable Surveyor General Branch Cadastral Services Unit will need to be notified of the required corrections.

Refer to Appendix B: Report Writing Process Flowchart for further Information

2.3 Review by Surveyor General Branch

All "Draft" Legal Description Reports will be sent to the FNLM Project Coordinator for an internal review prior to being distributed to stakeholders.

The FNLM Project Coordinator will review the Draft Legal Description Reports to ensure consistency of format with these Guidelines and that the content of the legal description and administrative sketch(s) agree with the pertinent documents and plans. Recommended amendments will be sent to the Surveyor who prepared the Draft Legal Description Report.

2.4 Distribution of Legal Description Report and Sign-Off

Once the FNLM Project Coordinator has reviewed the Draft Legal Description Report and it is determined that it meets the requirements of the Guidelines, the FNLM Project Coordinator will send copies of the Draft Legal Description Report to the following stakeholders:

  • First Nation
  • Regional INAC Office (including the Letter Requesting Report Finalization)
  • INAC Manager, Surveys and Imaging
  • Surveyor (applicable Client Liaison Unit)
  • Resource Centre (RC)*
    *Dependant on if INAC Region approves this distribution. Allows INAC to address outstanding issues prior to distribution.

All stakeholders' comments are to be sent to the FNLM Project Coordinator. The comments will be compiled and forwarded to the Surveyor. The Draft Report will be amended where required.

The Surveyor should meet with the First Nation and Regional INAC Office to discuss and explain the Draft Legal Description Report where possible.

(Refer to Appendix C for the Legal Description Report Process Flowchart)

The Surveyor (Client Liaison Unit) will maintain a separate file of all comments received. This file will include: requested amendments, correspondence from stakeholders regarding the amendments, SGB's response to the requested amendments and the rationale for any amendment.

Once the FNLM Project Coordinator receives a signed Letter Requesting Report Finalization from the Regional INAC Office and review comments from the INAC Manager of Surveys and Imaging, the Draft Legal Description Report can be finalized and recorded in the CLSR (providing that all necessary surveys have been finalized and recorded in the CLSR). The FNLM Project Coordinator will request the Surveyor to finalize the Draft Report. (Refer to Appendix D for Recording the Legal Description Report Flowchart).

The FNLM Project Coordinator will distribute copies of the Final Legal Description Report to:

  • First Nation
  • Regional INAC Office
  • INAC Manager, Surveys and Imaging
  • Surveyor (applicable Client Liaison Unit)
  • INAC FNLM Directorate, Lands Branch*
  • Resource Centre (RC)
  • Any other parties as deemed necessary by NRCan Regional offices

* The INAC Manager, Surveys and Imaging is sent a PDF copy of the final report and INAC FNLM Directorate, Lands Branch are notified by a letter/e-mail that the report is ready for viewing on the SGB website (A paper/digital copy of the report is not sent).

3. Legal Description Report Specifications

As mentioned in the Introduction, the stakeholders are expecting a consistent level of quality and a consistent format of product (the Legal Description Report). To ensure that the Surveyor General Branch provides a consistent product format, the following specifications are to be followed. Where it is felt that the specifications do not meet the needs or are not applicable to a certain situation, the FNLM Project Manager should be contacted.

Where a Surveyor is unsure of how an issue should be dealt with when preparing the Legal Description Report, he/she shall contact the FNLM Project Manager for assistance. In some cases, the FNLM Project Manager may assemble an "Issues Team" to help identify methods to resolve the specific issue.

Notes

  • A watermark "DRAFT" must be added to every page of the Draft Report, ensuring that the watermark does not interfere with the text in the Report.
  • Every page of the Draft Report and Final Report should be numbered either with individual page numbers, a footer with the sections/subsections on it or page numbers within each section (i.e. page 2-3). This applies to the word document, not those that are inserted from other sources.
  • The Draft Report is dated, but not signed or sealed. The Final Report is signed, sealed and dated.
  • Where textual excerpts from published books, texts, etc. have been included, footnotes should be added at the bottom of the applicable page.
  • In some instances, the documentation for a Reserve will be registered in the First Nation Land Register (FNLRS) instead of the Indian Lands Registry (ILRS). References in the Report to the ILRS should be changed to the FNLRS where applicable.
  • Where references are made in the Report to documents registered in the ILRS/FNLRS, the applicable ILRS/FNLS registration number shall be included with the reference.
  • The Draft Report shall be sent to the FNLM Project Coordinator in an Adobe format (.pdf) where the main Report pages measure 21.59 x 27.94 cm (8.5 x 11 inches). The attachments of research materials and the administrative sketch (included in Section 4 of the Report) may be of a larger page size.

3.1 Title Page

  • The following information shall be included on the title page of the Report:
Legal Description Report
For
_____________ Indian Reserve No. ___
______________ First Nation

(Province)

Prepared under First Nations Land Management

Prepared on: (date)

3.2 Table of Contents

  • Table of Contents
  •  
  • Section 1: Introduction
  • Section 2: Boundary Issues
  • Section 3: Legal Description
  • Section 4: Administrative Sketches
  • Section 5: Research Materials
    • Part A) Indian Lands Registry Reserve General Abstract Report
    • Part B) Indian Lands Registry Review
      1. Creation of Reserve Documents
      2. Additions to Reserve Documents
      3. Formerly Reserve Documents
      4. Third Party Interest Documents
    • Part C) Crown Land and Land Registry Office Documents
    • Part D) Surveyor General Branch Files
    • Part E) Other Research
  • Section 6: Description Preparation
    • Part A) General Overview
    • Part B) Analysis of Jurisdictional Boundary Information
    • Part C) Analysis of Third Party Interests
    • Part D) Area Derivation
    • Part E) Other Issues

3.3 Section 1: Introduction

  • (Include the following paragraphs:)
  • As part of the implementation of the First Nations Land Management Act for the _______ First Nation Reserves, the Surveyor General Branch has prepared a legal description describing the extent of the Reserve lands as required under Section 6.1(a) of the Act for _________ Indian Reserve No. ___ .
  • Outstanding issues related to the jurisdictional boundaries of the Reserve or to the legal description contained in this Report are explained in Section 2.
  • The legal description contained in Section 3 deals with the extent of the Reserve lands that will be subject to the Land Code of the ______ First Nation under the First Nations Land Management Act and is not intended to prejudice any of this First Nation's claim to lands beyond the Reserve.
  • The legal description is based on a review of the Indian Lands Registry and other documents pertaining to the extent of title to the Reserve, which are included in Section 5 of this Report. The legal description is not a legal interpretation of those documents. As there may be different legal interpretations of the documents, legal assistance may be required to determine the nature of the legal interests. The content of this legal description is accurate based on the documents reviewed; however, there may be other documents that were not found or uncovered that may affect the extent of title to the Reserve.
  • Section 6 outlines the methodologies used in the preparation of this legal description as well as any other non-boundary related issues encountered during the research of this Report.
  • This Legal Description Report was prepared by _________ CLS, of the Surveyor General Branch, (or survey firm when contracted) per the Guidelines established under the authority of the Surveyor General of Canada and in collaboration with Indian and Northern Affairs Canada, and the ________ First Nation.
  • Certified Correct as to the legal description contained in Section 3 of this Report.

  • _______________________________________________
    Name of surveyor (and Commissions)
    Surveyor General Branch

    ______________________

    Date

3.4 Section 2: Boundary Issues

  • This section should identify the following

Situations where a new survey is required prior to preparing a legal description include:

  • Where problems with a metes and bounds description have been verified by a field investigation
  • Where there are known errors in boundaries or survey plans defining the Reserve boundary
  • Where the description includes/excludes an unsurveyed or undescribed parcel or boundary
  • Where not currently surveyed to comply with Section 7 of FNLMA. (Refer to Interdepartmental Letter of Agreement - 2009, Chart A, Part VIII.)
  • Where a natural boundary has changed significantly through accretion, erosion or oxbows

Where it is determined that a survey is required in order to prepare the Legal Description Report, the surveys shall be initiated as soon as possible (provided that adequate funding is available). All stakeholders shall be notified of this survey so that process timelines can be adjusted where necessary. Where surveys have been completed, this section may include the background reasons and results of the survey.

Situations where a new survey is recommended for effective land administration:

  • Existing survey is deficient (age, type of monumentation, etc.)
  • Evidence or high potential of encroachment;
  • Where there is a known conflict with titled property;
  • Unsurveyed Rights-of-way, roads, etc.
  • Aliquot parts or lands described only by metes and bounds

Recommended surveys do not necessarily have to be completed prior to the First Nation vote, as the Legal Description Report can still be prepared using the available survey(s) and information. Section 2 of the Legal Description Report will discuss the requirements and reasoning for the recommended surveys that would aid in more effective land administration. Some of these recommended surveys may be completed prior to the First Nation vote provided that adequate funding, time frames, approvals, etc. is available. The recommended surveys that are not completed prior to the First Nation vote will be added to a work plan (between INAC and the First Nation) to have these completed at a later time.

A Land Management Transfer plan can aid in the preparation of the legal description where the current legal description is complex and hard to interpret based on the numerous survey plans and documents used in the description. Refer to Appendix E for the Instructions for a Land Management Transfer Plan.

  • Where no issues have been identified, add a similar note stating: 'No boundary issues have been identified.'

3.5 Section 3: Legal Description

A legal description of the land that will be subject to the land code must be:

  • (a) Unambiguous (can only be interpreted one way)
  • (b) Capable of being located or laid out by a surveyor

The legal description of the land that will be subject to the land code of the First Nation under FNLMA must be sufficiently clear to enable the First Nation to effectively manage those lands described. This does not mean all the boundaries must be freshly marked and fully posted. Legal descriptions may not include a calculation of area where uncertain.

When describing the lands, we can use any document found in a public registry as long as the resulting legal description meets requirements (a) and (b) above. This includes plan(s) of surveys recorded in the provincial title or crown land registries and transfer documents found in the provincial Land Title and Registry, and in the ILRS/FNLRS. Preference is given to official plans recorded in the CLSR that are based upon field surveys. Surveyed registration plans and other non-official type plans may be used in special circumstances, however the usage of these types of plans require the approval of the FNLM Project Manager.

A legal description will not be completed / recorded where the required survey(s) identified in Section 2 has/have yet to be done. A reference to the SGB Project number will be included in the draft description where the survey is in progress.

Legal descriptions will not address 'status' issues although the background research for these issues will be included in Section 2 of the Report. Examples of status issues are unsurveyed roads, abandoned rail roads, surrendered lands not added back to Reserve or overlapping titles. Refer to Appendix F, FNLMA Policy on researching roads for LDRs for further clarity and a decision model on how to address roads and status type issues. The legal description should be based upon the extent of the Reserve as covered by the documents registered in the ILRS/FNLRS, patents, provincial documents and analysis of survey plans and treaties.

When creating the legal description, it is necessary to look at what is the most practical method of describing the extent of the lands so that the end result is an accurate, brief and concise legal description

Preamble
  • The Reserve name and number (Part or whole?)
  • The preamble shall include the statement "Legal Description of the Extent of Reserve Lands that will be subject to the Land Code of the ___________ First Nation under the First Nations Land Management Act."
  • The preamble shall include the appropriate location identifier, such as: Township, Range and Meridian or County, Municipality, District Lot, etc., and Province.
Method of Describing the Land
  • Use the most simple and effective method possible to describe the lands.
Plan References
  • A full description of Canada Lands Survey Records (CLSR), Land Titles Office (LTO), etc. should be given the first time these plan references are made in the legal description. For subsequent referrals in the same legal description, the abbreviation of CLSR, LTO can be shown.
  • Where possible, all plans referenced in the legal description shall be recorded in the CLSR and only the CLSR plan number would be referenced in the legal description.
  • In the case of provisional plans: the project number, date of survey and the name of the surveyor shall be referenced in the legal description until the plan is recorded in the CLSR. Only the Draft Report can reference provisional plans as the Final Report must reference the CLSR plan number.
Areas
  • Where quoted:
    • The total area identified in the legal description is to be rounded according to the standards in Schedule E3-1 of the General Instructions for Surveys of Canada Lands (e-Edition) and shall be shown in hectares with acres in brackets.
    • The areas should be derived from those plans/documents quoted in the legal description.
Subject to Interests:
  • Interests that the lands are subject to will be identified in the legal description.

In general, non-exclusive rights (easements) taken for public purposes pursuant to Section 35 of the Indian Act (See Section 28(2) of the FNLMA) will be listed, interests pursuant to other Sections of the Indian Act may be included where necessary. In general, the rights that the lands are subject to are those rights that have defined boundaries and are for an indefinite period of time. The INAC Manager, Surveys and Imaging will have the final say as to what interests shall be shown in the Subject To section of the legal description.

  • Leasehold interests as well as individual holdings such as certificates of possession are not included as interests that the lands are subject to.
  • As a general rule, the description of each interest should be concise and should not attempt to describe the purpose of the interest. The following statement is recommended:

"Easement to _________________, dated _________ and registered in the Indian Lands Registry (or First Nation Land Register) as No. __________."

Notes
  • The following notes shall be added at the end of the legal description (where applicable):
    1. "The Administrative Sketch(es) in Section 4, illustrate(s) this legal description."
    2. "Refer to the pertinent survey plans and instruments for the authoritative boundary definition and the nature of the interests in the land."
    3. The following notation(s) should only be used where the actual feature is labeled on the plan, do not presume what the feature is.
      "The bank/ordinary high water mark (OHWM)/waters edge (use appropriate term) of ________________ forms a natural boundary of the Reserve."
      Where there is more than 1 natural boundary for the Reserve, the following wording should be used:
      "The banks/ordinary high water marks/waters edge (use appropriate term) of ________________ form natural boundaries of the Reserve."
    4. "The extent of Oil and Gas Rights are not dealt with in this legal description."
    5. "This Legal Description Report defines the extent of lands that are to be included in the transfer of land management functions to the First Nation and do not contain any reference as to the ownership of the subsurface interests (mines and minerals)."
    6. "Lots __ and __ as shown on Plan _____ CLSR are part of the reserve but are to be excluded from the application of the land code under Section 7 of the FNLMA."
    7. Other notes can be added where necessary to bring certain items to the attention of the stakeholders.

3.6 Section 4: Administrative Sketches

Purpose
  • The purpose of the administrative sketch is to provide a visual aid to understanding the legal description. It is not intended to be a part of the legal description.
Title of the Administrative Sketch

The title of the administrative sketch shall contain the following:

  • Administrative sketch number (if more than one sketch)
  • The statement "Illustration of the Extent of Reserve Lands that will be subject to the Land Code of the ___________First Nation under the First Nations Land Management Act."
  • The statement "This administrative sketch does not depict the mines and minerals interests".
  • The official First Nation name and the Reserve name and number.
  • The Township, Range and Meridian or County, Municipality, District Lot, or other appropriate location identifier and Province.
  • The surveyors name and the date that the sketch was prepared on
  • A scale bar in metres.
Legend Notes

The legend shall contain the following note(s) (where applicable):

  • "All plan numbers are Canada Lands Survey Records (CLSR) plan numbers unless otherwise stated."
  • "Where other types of plans/documents are used, a comment regarding the abbreviation(s) used should be added. (For example: LTO refers to Land Titles Office Plan)"
  • "Reserve Lands that will be subject to the Land Code shown thus..."
  • "This is not a plan of survey and shall not be used except for the purpose indicated in the title block."
  • "Refer to the pertinent survey plans and instruments for the authoritative boundary definition and the nature of the interests in the land."

Add to the bottom right hand corner:

Available From:
Natural Resources Canada,
Surveyor General Branch
(Name) Client Liaison Unit
Contact Number

Natural Resources Canada

Natural Resources
Canada

Ressources naturelles
Canada

Area Table

Where area(s) have been quoted in the legal description, an area table will be added to the legend identifying the following:

  • Title: Table showing the source of the areas derived to clarify
  • The plan/document numbers and their corresponding areas (both in hectares and acres)
  • The total area (add more or less notation)
Administrative Sketch Diagram
  • As a general rule the body of the administrative sketch should only have plan/document numbers that are mentioned in the legal description. It may be determined that plans adjacent to the Reserve may also be shown. The project number shall be shown where a CLSR number has yet to be assigned to the provisional plan. However, as mentioned in Section 3.5 of these Guidelines, the project number can only be referenced in the Draft version of the Report.
  • Each exterior boundary of the Reserve needs to be defined by a plan/document number. Where necessary, leaders can be used to depict where one plan/document ends and another begins. Where one plan/document number defines a closed parcel of land (as in the case of a section of land), the plan/document number can be shown in the middle of the parcel (along with the Reserve name and number).
  • In the plan diagram information shall be in black. Color should not be used since the plan will be used as a hard copy appendix to legal descriptions and as such will be kept on file and photocopied.
  • A heavy bold line will be used for the exterior boundaries of the Reserve.
  • A north arrow is required.
  • Details may be added where necessary.
  • Exterior natural boundaries should be labeled with the name of the feature that defines the boundary. Bank/OHWM/Waters Edge, etc. and labeled with the official plan number and the year of the survey.
  • The direction of water flow will be depicted by an arrow.
  • The approximate location(s) of issue(s) identified in the Report will be shown on the administrative sketch where possible. A note referencing the Report section will be added to refer to for further information.
  • Sufficient survey framework lines and references to Sections, Township, Range, Meridian or County, Municipality, District Lot, or other appropriate location identifiers shall be shown so as to be able to locate the position of the Reserve.
  • Interior lot lines should not be shown where they might cause confusion as to the interpretation of the jurisdictional boundary shown on the administrative sketch. If interior linework is shown it shall be shown by a light-dashed line. Lot numbers and/or plan numbers should not be shown unless they are directly relevant to the legal description.
  • The Reserve name and number shall be shown in bold print in the diagram.
  • A key plan should be added where there is multiple sketches.
Other
  • The preferred administrative sketch dimensions are 27.94 x 43.18 cm (11 x 17 inches). Additional sheets may be added if one sheet is not sufficient, or to show detail. Where necessary the width of the administrative sketch may be up to a maximum of 91.44 cm (36 inches).
  • All text should have a minimum height of 2 mm.

3.7 Section 5: Research Materials

  • Copies of any documentation that is not the property of the Surveyor General Branch or where the Surveyor General Branch does not have the permission to distribute should not be included in the Report. However, if the contents of this documentation were used to support the preparation of the Report, a notation should be added to the Report indicating what the document is and where a copy of this documentation can be obtained. Copyright Laws are to be respected at all times.
  • Any documentation that is lengthy/too large to include in the Report does not have to be added, however a notation should be added to the Report indicating what the document is and where a copy of this documentation can be obtained (i.e. the applicable Client Liaison Unit or Headquarters, INAC Regional Office, etc.).
  • Any documentation that is included in the Report should have a heading that indicates what the documentation is and its source (if it is not specified on the actual document). The heading should either be on the same page with the document or on the previous page (refer to a sample report). Ensure that the applicable paragraphs of the Report include references to these documents and their locations in the Report (for example: A copy of this document is included in Section 5 D) of this Report.).
  • Any documentation that is included in the Report should be legible (where possible).
  • The source of any maps/aerial photographs and imagery should be noted, including the Roll number, photo numbers, and date of photograph/image. All uses of Google Maps and Google Earth must provide attribution to Google (opens in new window).
  • An analysis of the actual document should be included in Section 6 of the Report.
Part A) Indian Lands Registry Reserve General Abstract Report
  • A copy of the Reserve General Abstract for the Reserve is included in this section of the Report. A digital version of the entire Reserve General must be saved and inserted into the digital copy of the Report.
Part B) Indian Lands Registry Review
  • This section is for the review of the records in the ILRS/FNLRS only (what does the instrument do/state). If necessary, an analysis or comments with regards to the instrument or survey plans associated with the instrument can be included in Section 6 of the Report. If a further analysis is included in Section 6, a note referencing the particular portion of Section 6 is to be added.
  • This section is divided into four categories. List each applicable document from the Reserve General under the appropriate category. The ILRS/FNLRS instrument/registration number of the document needs to be included with the document.
    1. Creation of Reserve Documents
    2. Additions to Reserve Documents
    3. Formerly Reserve Documents
    4. Third Party Interest Documents
  • Note: It is not necessary to list every easement or permit for service or distribution lines in the Third Party Interest category; where applicable a note can be placed in this section: 'Easements/permits for service or distribution lines are not noted'. However, every document must be read to confirm whether the document is applicable or not. This section is mainly for identifying areas of potential or existing conflicts with regards to third party interests, as well as those interests listed in the "Subject To" portion of the legal description.
Part C) Crown Land and Land Registry Office Documents
  • Title documents and other records may have to be researched in order to determine the extent of reserve lands, this may involve the gathering and reviewing of:
    • provincial certificate(s) of title
    • Order(s) in Council
    • plans (not recorded in the CLSR)
    • title documents
    • other documentation
  • Add a note that certain records were examined and there is nothing to report.
Part D) Surveyor General Branch Files
  • A review of the Surveyor General Branch files may be necessary in order to obtain documentation such as survey instructions, survey reports, letters (correspondence) that need to be incorporated into the Report.
  • Copies of provisional survey plans mentioned in the legal description should be included in this section. CLSR plans do not need to be included in the Report, unless the image is not available on the Surveyor General Branch website. If including copies of survey plans, whether provisional or recorded, ensure that the plan is still legible if you adjust the scale of the plan to fit in the report.

Part E) Other research
  • Other research/documentation/maps that supported the preparation of the legal description, which do not fall into the other above-mentioned categories, should be included in this section. Documentation in this section may include:
    • results of any discussions with federal or provincial personnel or others regarding extent of boundaries.
    • the results of a field investigation, if the work included a review of possible encroachments.

3.8 Section 6: Description Preparation

Part A) General Overview

This section is for an overview of the history of the Reserve. How was the Reserve established? (Treaty, Treaty Land Entitlement Agreement, etc.). Has the Reserve name been changed?

Part B) Analysis of Jurisdictional Boundary Information

This section is for the analysis of the survey plans used to prepare the legal description. The age of the plans, new surveys, possible encroachments, natural boundary information, etc. should be discussed in this section of the Report.

If a survey has been completed, but the plan has not been recorded in the CLSR (for whatever reason) it should be discussed in this section, as the Draft Report cannot be finalized until the provisional survey plan has been recorded in the CLSR.

Oil and Gas

Under Section 39 (1) of the First Nations Land Management Act, the Indian Oil and Gas Act:

  1. continues to apply in respect of any First Nation Land that was subject to that Act on the coming into force of the land code of a First Nation; and
  2. applies in respect of an interest in First Nation Land that is granted to Her Majesty for the exploration of oil and gas pursuant to a land code.

Therefore, add the following statement to the note section of the legal description (as discussed in section 3.5 of these Guidelines):

  • "The extent of Oil and Gas Rights are not dealt with in this legal description."
Part D) Analysis of Third Party Interests

This section is for the analysis of third party interests. Are there any issues with regard to these interests? If not, a general statement of "There are no issues with regard to third party interests" should be added to this section.

Part E) Area Derivation

This section is for the area derivation for the extent of the Reserve lands. How the area was derived, must be explained in this Section. Was it computed from various survey plans (did you have to mathematically compute it, or was it simply an addition of the areas shown on the survey plans)? Was the area copied from a plan?

  • The total area shall be shown to an accuracy of the least significant figure of the components making up the area. For example if one of the areas of parcels of land in a Reserve were shown to an accuracy of only one hectare the total should be shown to one hectare despite the fact that other parcels may have had areas shown to 1/10 or less of an hectare. The areas included in Section 3, will been rounded according to the General Instructions and the following explanation is to be included to Section 6 F) of the Report where applicable:

    The area(s) specified in the legal description has/have been rounded accordingly to conform to the area guidelines set out in Schedule E3-1 of the General Instructions for Surveys, e-Edition.
    • Example: Total area calculated for a Reserve is 123.50 hectares. The area in the legal description will be shown as 124 hectares (to conform to Schedule E3-1 of the General Instructions for Surveys, e-Edition).

For the ease of showing the area calculations, an area table can be added to this section of the Report (listing the plans used and their associated areas).

Where a calculation of area has not been included in the legal description, an explanation as to the issues associated with calculating an area for the Reserve shall be included in this section of the Report (why an area could not be accurately calculated).

Part F) Other issues

Describe all other issues that do not fall into any of the above-mentioned categories in this section, which includes:

  • Registry Issues:
    • Reports from the Registry: Where minor corrections are required to the various reports obtained from the ILRS/FNLRS, such as incorrect plan numbers, areas, instrument types or typos.
    • Missing documentation: In some cases, all of the required/necessary documentation pertaining to a certain transaction may not be listed against the Reserve in the ILRS/FNLRS.

      For registry related issues, an e-mail can be sent to the INAC Manager, Surveys and Imaging.

    • Any other issues that are under the jurisdiction of INAC.
    • Any suggestions or proposals on how a particular issue could be addressed should be done so in a separate memo or letter.
    • Any issues or other relevant matters from any discussion with the First Nation representatives.
    • Any speculative issues will not be mentioned in the Report.

Appendix A: FNLMI Process Flowchart

Appendix B: Report Writing Process Flowchart

Appendix C: Legal Description Report Process Flowchart

Appendix D: Recording the Legal Description Report Flowchart

Appendix E: Instructions for Land Management Transfer Plan

Appendix F: FNLMA Policy on researching roads for LDRs

Specimen Plans

Note

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