Certificate of Possession transfer
Transferring a Certificate of Possession or Notice of Entitlement to reserve land between band members or to a family member.
What is included
- Explains how the Indian Act or your land code applies to the land
- Prepares Certificate of Possession transfers and leases
- Supports designation votes and addition-to-reserve applications
- Handles estates under the Indian Act with Indigenous Services Canada
- Advises on developing or updating a land code
What is not included
- Historical, genealogical or other research reports, and other disbursements
- Appeals, or court proceedings not covered by the lawyer's written retainer
- Work outside the scope in the lawyer's written retainer
Who this service is for
- First Nation members holding or transferring reserve land
- First Nations managing or adding to reserve lands
- Families administering an estate under the Indian Act
- Businesses leasing reserve land
Information to have ready
- 1Certificates of Possession or land registry records
- 2The will and death certificate, for an estate
- 3Band council resolutions and any land code
- 4Maps or surveys
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
A typical Ontario fee for this service is $1,000–$3,500, plus HST. The lawyer quotes the actual fee before any work starts. You pay the lawyer directly; the referral itself costs you nothing.
Who can hold reserve land?
Generally only members of the First Nation can hold a Certificate of Possession, and transfers usually need approval. Non-members may lease designated land under proper agreements.
Are estates on reserve handled differently?
Often yes. For many First Nations people ordinarily resident on reserve, the Indian Act gives Indigenous Services Canada a role in the estate, alongside the will.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed
- Government processes and timelines are outside the lawyer's control
- The lawyer confirms the scope, fee and steps in a written retainer before starting
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