Lands Research and Title Clarification
OBJECTIVES:
- To clarify the title to land, and the extent
of the Indian interest in land, in order to assist economic development and self
government initiatives to proceed.
- To conduct research into disputes or issues related to the title and status of reserve, surrendered, and other Indian lands.
- To ensure that such issues and disputes which may have arisen under federal
management of Indian lands are resolved by the time land management is transferred
to First Nations.
BACKGROUND: The Lands Research and Title
Clarification Unit is not mandated by the Indian Act. Most of the unit's work
arises as a result of external requests, negotiations and litigation which is
initiated by other parties, and therefore the scope of this work is difficult
to anticipate. The unit has also been involved in projects which it has initiated,
such as Indian Lands Agreement negotiations.
DESCRIPTION OF OPERATIONS:
Investigating and responding to disputes or issues related to the title to
and status of Indian reserve and surrendered lands where the Indian Lands Registry
does not contain the necessary information to deal with the matter. These issues
or disputes involve both surface rights (reserve boundaries, riparian rights,
road allowances, railway rights-of-way, etc.) and subsurface rights (mineral
rights).
The
work of the unit involves providing research, advice, and negotiation support
to other areas of the directorate, the department, other levels of government,
and First Nations, regarding matters such as: the return of unsold, surrendered
lands and minerals; and the return of abandoned railway lands which had been expropriated
for railway purposes.
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