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ARTICLE · 27 FEBRUARY 2012

Title To First Nations Land In British Columbia

McCarthy Tétrault
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What are the different types of First Nations land in the Province?

CanadaReal Estate and Construction
John Doolan
John Doolan
Gillian Piggott
Gillian Piggott
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What are the different types of First Nations land in the Province? What kinds of interests can a third party obtain and can those interests be mortgaged? How do I obtain property information and are there assurances as to title?

Different Types of First Nations Land and Obtaining Leasehold Interests

Traditional Reserve Land

Under the Indian Act (Canada) (Indian Act), reserve land is held by the federal Crown (Canada) on behalf of First Nations (defined as "bands" in the Indian Act). There are two types of reserve land:

  1. general reserve land, which is held by Canada on behalf of a First Nation community as a whole and administered by the elected First Nation Council on behalf of the membership, subject to the requirements of the Indian Act; and

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