Hyperlawhypertext legal database Form of Deeds Relating to Certain Successions of Cree and Naskapi Beneficiaries Regulations current to 2019-06-21

SOR-89-547 Form of Deeds Relating to Certain Successions of Cree and Naskapi Beneficiaries Regulations

Current to 2019-06-21 · last amended 2006-03-22

Contents
Provision

Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to sections 10 and 177 of the Cree-Naskapi (of Quebec) Act*, is pleased hereby to make the annexed Regulations prescribing the form of deeds relating to the acceptance, renunciation or settlement of a succession of certain Cree or Naskapi beneficiaries that is composed wholly or partly of movable, immovable or traditional property located on Category IA or IA-N land or in which persons suffering legal incapacity are interested. S.C. 1984, c. 18

Short Title

s. 1

These Regulations may be cited as the Form of Deeds Relating to Certain Successions of Cree and Naskapi Beneficiaries Regulations.

Interpretation

s. 2

In these Regulations, deed means a deed that relates to the acceptance, renunciation or settlement of a succession referred to in section 177 of the Cree-Naskapi (of Quebec) Act. (acte)

Form of Deeds

s. 3

A deed shall

s. 3(a)

be dated;

s. 3(b)

indicate the place at which it was made;

s. 3(c)

name and adequately identify each of the parties; and

s. 3(d)

precisely describe the property affected.

s. 4

A deed may be made in authentic form.

s. 5
s. 5(1)

Subject to subsection (2), a deed that is not made in authentic form shall be signed by each of the parties.

s. 5(2)

A party who is unable to sign the party’s name to a deed that is not made in authentic form shall

s. 5(2)(a)

make the party’s mark on the deed and include on the deed a declaration setting out that the party is unable to sign the party’s name; or

s. 5(2)(b)

have the deed signed, on the party’s behalf, by another person and include on the deed a declaration setting out that the party is unable to sign the party’s name and that the person who signed on the party’s behalf did so in the presence of and according to the instructions of the party.

s. 6
s. 6(1)

A deed that is not made in authentic form shall, in respect of each party, be signed by two witnesses who know the party and, where a person signed on a party’s behalf, that person.

s. 6(2)

Each witness for a party to a deed that is not made in authentic form shall attach to the deed an affidavit

s. 6(2)(a)

declaring that the witness knows the party and the person, if any, who signed on the party’s behalf; and

s. 6(2)(b)

certifying the signature or mark of the party or the signature of the person, if any, who signed on the party’s behalf.

s. 6(3)

For the purposes of subsections (1) and (2), a person may be a witness for a party only if the person has reached the age of majority, is not mentally incapacitated, has no interest in the deed and is not the spouse, or relative of the first degree, of the party.

General Provisions

s. 7

Nothing in these Regulations has the effect of exempting a deed from the provisions of the Cree-Naskapi Land Registry Regulations.