Unlike most First Nations across Canada, Westbank Lands are not governed under the Indian Act. Rather, Westbank Lands are governed under a modern comprehensive set of community laws. WFN has full jurisdictional control over Westbank Lands and resources.
WFN is governed under the Westbank Self Government Act; the WFN Self Government Agreement between WFN and the Government of Canada is dated October 3rd 2003; the use and development of Westbank Lands is subject to Part XI of the WFN Constitution (the "Land Rules").
Westbank Landsremain section 91(24) lands, lands reserved for Indians under the Canadian Constitution, which comprise of 5 reserves and total 5,340 acres.
Land Registry
The WFN Land Registry is a sub registry under the Self-Governing First Nations Land Registry held in Ottawa. It is a public registry that is password protected and can be accessed at no charge through the Helpdesk on the systems login page.
For the effective administration of the Land Rules, Westbank prescribed Forms for use in the registration of instruments dealing with or effecting Westbank Lands. The Westbank Lands Office pursuant to the Land Rules has a responsibility to register instruments which affect or purport to affect Westbank Lands.
On November 5th 2007 the Westbank First Nation Land Registry Regulations came into force. These are Federal regulations enacted under authority of the WFN Self Government Act that work in conjunction with the Land Rules. The Land Rules in WFN Constitution should first be consulted; however the Regulations would prevail if there was a conflict between them or any other WFN Law.
The WFN Land Registry Regulations provide many benefits:
Establishment of priorities
Expedited registration process
Security and certainty to investors and developers
Reduction of lending risk
Reduced cost of business
Priorities of registered interests:
According to time and date of registration (s.28)
Registered mortgage has priority of subsequent registered interest (s.30)
Interest registered before Regulations have priority over those registered after Regulations came into force (s.33)
On-line Registration
Fully executed copies of documents are received (only require two originals)
Westbank Lands Office will scan docs to be registered or recorded
Electronic transmission, originals kept on file in Westbank Lands Office
Acknowledgement of receipt and tracking number by Registrar
Registration number provided at completion
Registration time is electronic acknowledgement of receipt