First Nations Land Registration in B.C.

On April 2, 2024, with support and guidance from First Nations, the Province introduced legislative amendments to provide administrative changes to the ways First Nations can acquire, hold and register fee simple land, leaseholds and other interests in B.C., reducing discriminatory and racist barriers.

Changes to the Property Law Act and the Land Title Act introduced and passed in April 2024 through Bill 13 – The Land Title and Property Amendment Act, 2024, are in effect May 21. The changes specify that First Nations that are recognized as legal entities under federal law (e.g., Indian Act bands) have the legal capacity and ability to acquire, register and hold fee simple land in the B.C. land title office.

Before these changes, unless enabled by specific legislation, such as through treaties or other federal legislation, the majority of First Nations in B.C. were unable to acquire, hold and dispose of land, such as fee simple land and leaseholds in their own names. To buy or hold land, most First Nations had to undertake the additional administrative processes of setting up a corporation or use alternative arrangements, for example, proxies, federal trust, societies and individual members. Read a news release about the legislative amendments.

Why make 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 has passed statutory amendments to reduce barriers currently facing First Nations that that added time and cost to First Nations land registration with the B.C. land title office.

First Nations may choose to acquire, hold, and dispose of fee simple land under a corporation or proxy, or may choose to hold fee simple land in the name of the First Nation. This aligns with the administrative steps that First Nations must take with that of individuals, corporations and Modern Treaty Nations. .

The changes 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 amendments

The Act includes amendments, administrative and enabling in nature, to the Property Law Act and to the Land Title Act.

The amendments to the Property Law Act expand the category of entities in property law that may acquire, hold and dispose of land in B.C. by including First Nations that are recognized as a federal legal entity.

The amendments to the Land Title Act introduce the administrative requirements related to the registration of land, such as witnessing and execution of documents by First Nations, and the reliance on such documents by the registrar and third parties dealing in good faith with the First Nation.

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

The changes:

• 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 changes do 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 engaged with First Nations, Modern Treaty Nations, the federal government, local governments and industry and business organizations to gain feedback about the proposed legislative amendments. The Province heard a variety of perspectives and ideas, which are documented in a “what we heard” report.

Read the What We Heard report (PDF, 833KB).

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.