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In This Volume

  • 25.1 (1) For the purpose of registering the indefeasible title to treaty lands under section 25,
  • (a) sections 83 and 91 of the Act do not apply in relation to subdivision or reference plans that include those treaty lands and are required for that registration, and
  • (b) a plan referred to in paragraph (a) must be certified by the minister charged with the administration of the Treaty Commission Act as a plan to which this section applies.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See s. 4 of the Agricultural Land Reserve General Regulation, B.C. Reg. 57/2020 that speaks to the subdivision of agricultural lands on the effective date of a final agreement, where the title to the lands is in the name of a treaty first nation under a final agreement (effective September 30, 2020):

  • Subdivision of lands under final agreement permitted
  • 4 (1) In this section:
  • “lands under a final agreement” means those lands affected by a plan that a treaty first nation will own in fee simple, as treaty lands or otherwise, in accordance with the treaty first nation’s final agreement;
  • “plan” has the same meaning as in section 19 (1) [registration restrictions] of the Act.
  • (2) A subdivision of agricultural land is permitted for the purposes of the Act if
  • (a) the subdivision results from the registration of an indefeasible title in the name of a treaty first nation to lands under a final agreement, and
  • (b) the registration is
    • (i) effective on the date the final agreement comes into effect, and
    • (ii) in accordance with the final agreement.