Canada Post disruption: Alert Level: MEDIUM

Due to the Canada Post strike action with national overtime ban, customers are advised that mail applications may be subject to delays. LTSA offers online resources and electronic filing services to access front counter services. You may wish to consult a lawyer or notary to complete any filings.

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Front Counters Open By Appointment Only Alert Level: LOW

Please be aware that LTSA’s Land Title Office front counters are open 9 am – 3 pm, Monday to Friday by appointment only. Many common transactions are now available online. To book an in-person visit, contact 1-877-577-LTSA (5872) .

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LTSAGovernmentFirst NationsFirst Nations and LTSA

First Nations and LTSA

LTSA is a publicly accountable, statutory corporation responsible for operating and maintaining the land title and survey systems of British Columbia. To learn more about LTSA’s mandate and operating agreement with the Province of BC, please visit LTSA’s mandate section.

Working Together

The First Nations Summit provides input to LTSA through LTSA’s Stakeholder Advisory Committee, and nominates a Director to LTSA’s Board of Directors. More information on this is located in the Governance section.

Provincial Agreements with First Nations and LTSA’s Involvement

Many First Nations in British Columbia have negotiated, or are negotiating, agreements with the Province, and these agreements take many forms. For agreements that include specific lands, the LTSA provides services to assist with the implementation of the agreements.  LTSA does not participate in the negotiation of agreements with First Nations but is sometimes asked to provide information on land title and survey practices and requirements as negotiations proceed. For more information about the Province’s work in negotiating agreements with First Nations, see First Nations negotiations

Types of Agreements

Although there are many types of agreements with First Nations, those that identify specific lands generally fall into three broad categories:

Agreements involving fee simple transfers of land

“Fee Simple” agreements generally involve the transfer of land that will result in a parcel that has a registered title in the name of the First Nation or a designated corporation.  The parcel is typically transferred from provincial to First Nation ownership by the filing of a Crown grant in the land title office.  The parcel will be subject to all the usual applicable exceptions, reservations, zoning and land use restrictions to which other privately-held lands in the province are subject.

Agreements involving transfers of land to the federal government for an Addition to Reserve

Occasionally an agreement will involve a transfer of land from the Province to the federal government, so that the lands can be added to a First Nation’s reserve.  Once the lands are added to a reserve, they are administered under federal legislation.

Modern Treaties

The implementation of a modern treaty results in the First Nation becoming its own government, with virtually exclusive jurisdiction over its treaty lands. A Treaty First Nation enjoys fee simple ownership, including timber and subsurface rights, over its treaty lands and has the ability to enact its own laws with respect to zoning, land use, conservation, and many others.

Modern treaties are the result of tripartite negotiations among the First Nation, the Province and the federal government that follow the BC treaty process.  Negotiations can take many years.  To date, there have been four modern treaties implemented:

  • The Nisga’a Final Agreement, which came into effect on May 11, 2000;
  • The Tsawwassen First Nation Final Agreement, which came into effect on April 3, 2009;
  • The Maa-nulth First Nations Final Agreement, involving five First Nations on the west coast of Vancouver Island, which came into effect on April 1, 2011;
  • The Tla’amin Final Agreement, which came into effect on April 5, 2016.

Many other First Nations across the province are in various stages of treaty negotiations.

Once the negotiation of a treaty is complete, it must be ratified by the First Nation, the Province, and the federal government.  Once fully ratified, an Effective Date (the date the treaty comes into force) is set, and the lands transfer on that date through enabling legislation passed by the provincial and federal governments.

Because the negotiation of a treaty is a lengthy process, some lands are occasionally transferred from the Province to the First Nation when a negotiation milestone is reached, such as finalizing an Agreement in Principle.  Interim transfers of land usually form part of an Incremental Treaty Agreement (ITA):  lands transferred under an ITA will normally be subject to all the usual exceptions, reservations, zoning and land use restrictions that apply to other privately-held lands, until the lands are chosen to be added to the First Nation’s treaty lands upon the successful implementation of a treaty.

Once a First Nation’s treaty takes effect, the Treaty First Nation may choose to register all, or just a portion, of its Treaty Lands in the provincial land title system operated and maintained by LTSA. Registration ensures certainty and security of land titles. It may also help the First Nation capitalize on economic development opportunities. The Registrar of Land Titles administers the requirements of Schedule 1 of the Land Title Act, which sets out how First Nation treaty lands can be registered. Further information can be found on the Land Title Act And First Nation Lands webpage.

See About the Land Title Register for an overview on what a land register is and why it is important.

For more information about the BC treaty process, see the BC Treaty Commission’s website

 

Land Survey Considerations

To ensure clarity and certainty in the extent of lands that are identified in a First Nation agreement, it’s imperative that the boundaries of the lands are adequately marked on the ground and represented on a survey plan prepared by a land surveyor. The Surveyor General has a significant role to play in ensuring an adequate survey exists.

An adequate survey will typically meet the following expectations:

  • Durable, metal survey monuments have been placed at property corners;
  • There is a modern depiction of the location of any natural boundaries;
  • Survey methods, accuracy, and monumentation meet acceptable standards;
  • The survey is represented on a survey plan, filed in either the Crown land registry or the land title office, that meets acceptable standards and is prepared by a BC land surveyor.

The lands that are to form part of an agreement are usually represented on a descriptive map which provides a graphical representation of the lands. These maps are excellent for planning, discussion and negotiation purposes, but they must always be considered representational, and the land’s boundaries still need to be verified and surveyed on the ground. Once a legal survey is completed, it is the surveyed physical boundaries that become the authoritative extent of the lands that are to transfer.

Once an agreement nears completion, the Surveyor General is called upon by the Province to prepare survey instructions.  These instructions provide technical direction for the land surveyor to follow in carrying out their survey of the lands, to ensure that an adequate survey results.

The instructions are provided to the Province for inclusion in the materials used to hire a land surveyor to perform the survey. LTSA does not administer the survey contract (this will be done by one of the parties to the agreement as determined by them).  Because the surveys for all agreements are carried out according to provincial legislation, the land surveyor must be a licensed, practicing British Columbia land surveyor.

Once the survey is completed, the land surveyor will submit their survey plan to the Surveyor General for review and approval.  If found to be acceptable, the plan is filed in the applicable public registry, and the parties will continue their work to transfer the lands.

  • Sample Descriptive Map from the Tla’amin Final Agreement
    Sample Descriptive Map from the Tla’amin Final Agreement1 / 2
  • Portion of Survey Plan Prepared to Define a Parcel of Treaty Lands
    Portion of Survey Plan Prepared to Define a Parcel of Treaty Lands2 / 2

Other Land Administration Systems for First Nations

Many First Nations administer their lands under federal legislation. LTSA does not play a role in administering these systems.