First Nations Land Ownership and Land Registration

With support and guidance from First Nations, the Province is exploring possible amendments to legislation to enable First Nations that are recognized as legal entities under federal law, to acquire, hold and dispose of private land and register their interests with the provincial land title office in their First Nation name.

Currently, with only a handful of exceptions, First Nations go through an additional administrative process of setting up a corporation or other business arrangements to acquire, hold and dispose of land in the provincial land title office.

Why explore changes to existing legislation?

To align with B.C.’s commitments to reconciliation and to address long-standing calls from many First Nations, the Province is exploring statutory amendments to eliminate this barrier to the ownership of land.

The proposal will enable First Nations communities to have the choice to register land interests, such as fee simple land and leaseholds, in their own name, or to register interests in the land title office through alternative arrangements (e.g., corporations, societies, and proxies). The proposal will not impact the treaty rights or legal capabilities of any First Nation.

Being able to register fee simple land in their First Nation’s name advances Indigenous self-determination. The intended changes would support the Province’s commitments to reconciliation by:

• Advancing the Declaration Act Action Plan commitment 4.25 (PDF, 3.7MB) (Work with Indigenous Peoples to build more on and off-reserve housing and pursue new federal contributions)
• Supporting the Truth and Reconciliation Commission Call to Action No. 45 (PDF, 400KB) which calls upon the federal government to reconcile Aboriginal and Crown constitutional and legal orders to ensure Aboriginal people are full partners in confederation, and
• Supporting the implementation of the United Nations Declaration on the Rights of Indigenous Peoples (PDF, 150KB), including Articles 3, 4, 5, 18 and 26 (2).

Scope of proposed amendments

The Ministries of Water, Land and Resource Stewardship (WLRS) and Indigenous Relations and Reconciliation (IRR) are proposing legislative amendments to the Property Law Act (PLA) and the Land Title Act (LTA) to be introduced this 2024 spring legislative session.

The proposal is for focused amendments to specify the capacity of First Nations, and to introduce the administrative provisions related to the registration of applicable land in the provincial land title office, which would be similar to requirements already in place for corporations and Modern Treaty First Nations. Current arrangements used by First Nations would continue to be options for First Nations but would become a choice rather than a requirement.

The proposed amendments will:

• Define First Nation as meaning a body of First Nation individuals recognized as a legal entity under federal law (“First Nation”)
• Confirm that a First Nation may acquire, hold, and dispose of land in British Columbia
• Confirm that an individual who represents a First Nation is still liable for acts of the First Nation that are beyond the powers of the First Nation
• Identify administrative requirements to register the land in the Land Title Office
• Address regulatory changes in other statutes related to First Nation owners to avoid gaps in provincial law when facilitating the registration of land by First Nations, and
• Provide certainty to the procedures that apply to First Nation land transactions in the Land Title Office.

The proposed amendments will not:

• Change the jurisdictional arrangements for land
• Create or recognize any new legal entities
• Take away the rights of any person with the power to acquire, hold, and dispose of land in British Columbia
• Directly impact the broader public in any way
• Impact or take away current provisions that are applicable to Modern Treaty First Nations or
• Change the current tax system in any way.

Engagement

Since December 2023, the Province has been engaging with First Nations, Modern Treaty Nations, the federal government, local governments and industry and business organizations to gain feedback about these proposed legislative amendments. The Province heard a variety of perspectives and ideas on the proposed legislative amendments, which are documented in the “what we heard” report.

Read the What We Heard report (PDF, 834KB).

Learn more in following presentation: Consultation on a Proposal to Enable First Nation Registration of Land in the Land Title Survey Authority Land Title Office (PDF, 215).

Questions or comments?

If you have any questions, comments or would like more information, please email LTI@gov.bc.ca.