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B.C. property act changes allow First Nations to purchase, hold and sell land

Prior to this switch First Nations only able to legally hold land through a variety of proxies
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Murray Rankin, provincial minister for Indigenous Relations and Reconciliation, has tabled legislation that would allow First Nations to buy, hold and sell land under their own names. (Elena Rardon / Alberni Valley News)

New legislation promises to make it easier for First Nations to buy, hold and sell land under their own names as recognized legal entities.

Currently, most First Nations have to either set up corporations or make other arrangements such as using proxies, federal trusts, societies and individual members to purchase, own or transfer land. Such steps would no longer be necessary under new legislation introduced Tuesday (April 2) by Indigenous Relations and Reconciliation Minister Murray Rankin.

含羞草研究社淲ith these new provisions, First Nations will have the ability to purchase and hold fee simple land directly, just as individuals and corporations have long been able to do,含羞草研究社 he said. 含羞草研究社淲e are taking action to remove this long-standing and discriminatory barrier.含羞草研究社

Rankin said the changes come exactly 150 years after the enactment of the B.C. Property Act.

含羞草研究社淚t explicitly restricted First Nations individuals from the ability to acquire land,含羞草研究社 he said. 含羞草研究社淓nglish common law requires a legal entity to have express legislative authority to hold land. Since then含羞草研究社ost First Nations government could not hold land in the name of their First Nation.含羞草研究社

Rankin said this legislation will make what he called 含羞草研究社渟mall but important含羞草研究社 changes to reflect government含羞草研究社檚 commitment toward reconciliation and to eliminate discriminatory barriers to land ownership.

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含羞草研究社淥ur provincial policies and laws are often based on past colonial ideas and practices, which were inherently racist and harmful,含羞草研究社 he said.

Rankin said these changes should have happened a long time to ago.

Government stresses that these changes neither affect additional governance powers of First Nations nor their relationships with local government covered in modern treaties.



Wolf Depner

About the Author: Wolf Depner

I joined the national team with Black Press Media in 2023 from the Peninsula News Review, where I had reported on Vancouver Island's Saanich Peninsula since 2019.
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