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Proposed Changes to BC’s Land Title and Property Law Amendment Act

May 6, 2024

With the introduction of the Land Title and Property Law Amendment Act, 2024 (Bill 13), the British Columbia provincial government is proposing legislation that will enable First Nations recognized as legal entities under federal law (e.g., Indian Act bands) to register and hold fee simple land in the B.C. Land Title Office.

Surprisingly, to many residents of British Columbia, without specific legislation such as through treaties or other federal laws, the majority of First Nations in BC cannot acquire, hold, or dispose of land, including fee simple land and leaseholds, in their own names. Currently, most First Nations are compelled to undertake additional administrative steps, such as establishing bare trust corporations or using alternative legal arrangements, which add unnecessary costs, complexities, and barriers to owning real property in this province.

Bill 13 represents a significant improvement to the existing legal framework. Harper Grey, along with other industry stakeholders, has been actively engaging with the BC government and advocating for amendments to our land ownership laws that empower First Nations. Our Indigenous Business Law Group supports this long overdue change to the provincial legislation. Stay tuned for more information as this continues to develop.

Expertise

Important Notice: The information contained in this Article is intended for general information purposes only and does not create a lawyer-client relationship. It is not intended as legal advice from Harper Grey LLP or the individual author(s), nor intended as a substitute for legal advice on any specific subject matter. Detailed legal counsel should be sought prior to undertaking any legal matter. The information contained in this Article is current to the last update and may change. Last Update: May 6, 2024.

©Harper Grey LLP 2024

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