25.1 Approving Officer Approval Not Required

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.