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In This Volume

  • 4.2 (1) The Attorney General may, by order, declare that land on Haida Gwaii that has escheated or become forfeited to the government of British Columbia is vested in the Council of the Haida Nation.
  • (2) An order under subsection (1) may be made in relation to land if
  • (a) the government of British Columbia holds the land,
  • (b) at least 10 years has passed since the escheat or forfeiture, and
  • (c) an application under section 4(5) or claim under section 5(b)(i) or (ii) has not been made in relation to the land or, if made, has been abandoned or finally determined.
  • (3) For the purposes of subsection (2)(c), a determination is final if the determination has not been overturned on judicial review, if applicable, or appeal and the time to commence every available judicial review or appeal has elapsed.
  • (4) An application for judicial review of a determination under section 5 in relation to land on Haida Gwaii must be made within one year after the determination.
  • (5) Land that is the subject matter of an order made under subsection (1) vests in the Council of the Haida Nation at the time, in the manner and subject to the conditions set out in the order.
  • (6) Sections 5(b)(iii), 11 and 12(c) to (e) do not apply in relation to land on Haida Gwaii.

2024-23-5, effective July 5, 2024 (B.C. Reg. 162/2024).