How to Complete a Request for Evidence of Title

Step 1: Lands Office is Contacted

A community member has contacted you requesting a new Certificate of Possession/Occupation.

Step 2: Take Notes

Use Sample File Notes Form to take detailed notes of the conversation or email noting the following:

Full name; Address; and 10-digit Band Numbers of individual(s)
Legal land description of the parcel An area of reserve land regardless of dimension.

Step 3: Begin Research

First Nation Begins Research and verify the following:

Parcel Abstract
- Confirm Legal Land Description A description by which property can be definitely located by a reference to surveys or approved recorded plans within a system set up by law or approved by law.
- Legal possession/occupation
- Certificate of Possession/Occupation number
Copy of Survey Plan

Identify parcel of land in question by outlining the parcel, in yellow highlighter, on the survey plan

If land has been resurveyed, an Evidence of Title (EOT) Refers to documentary proof of a Band/First Nation member's right to use and occupy reserve lands pursuant to the Indian Act. may be requested by the lawful possessors. In this situation, while the instrument must be witnessed, there is no requirement for an Affidavit of Execution A written statement, sworn before a person having authority to administer an oath, by a person having witnessed a document testifying to the document having been signed by the parties thereof. . In addition, the following signature requirements on the request are as follows:

For land held by Joint Tenants: only one lawful possessor is required to sign.
For land held by Tenants in Common: all lawful possessors must sign the request.

Step 4: Complete Request

Complete Request for Evidence of Title

Signed and dated by Certificate of Possession/Occupation holder
Ensure the form is signed by a witness (who must be over the age of 18)

Step 5: Register Request

Register A book or system of public records of land transactions identifying possessory entitlement, and encumbrances relating to identified parcels of land. Request for Evidence of Title on the Indian Land Registry System and then submit the original signed documents to your Regional Office.

Finished Original Package must include:

Checklist on the front of the package
Two (2) originals of the Application Page (can be completed in the Indian Lands Registry System The ILRS is a repository of documentation and does not purport to guarantee title or accuracy of documentation filed therein. It is guided by a set of interacting procedures designed to govern the registration of rights in reserve lands. or on the pdf application for registration form)
Copy of the Parcel Abstract
Completed Original Request for Evidence of Title form
Official Survey Plan

Ensure you keep one (1) copy of the package in your Lands File.

Step 6: Distribution

Once you receive a Certificate of Possession/Occupation, issue the original copy to the locatee(s).
Ensure you keep the duplicate copy of the Certificate of Possession/Occupation in your Lands File.

Remind Certificate of Possession/Certification of Occupation holders that only one (1) original will be provided and to keep the document in safe place.

Completed lands registry documents are classified as Protected B documents, please ensure you are protecting the information of your clients by securing these documents in a responsible manner - for more information on the Federal Privacy ACT & (PIPEDA).