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In This Volume

The federal First Nations Commercial and Industrial Development Act, R.S.C. 2005, c. 53, allows the federal government to facilitate economic development on reserves through regulations that replicate or incorporate by reference relevant provincial laws.

General Effect on Land Title Practice

The provincial FNCIDA Implementation Act, S.B.C. 2012, c. 21, provides for agreements among Canada, a first nation and the provincial government for the purpose of giving effect to the federal regulations. The Act also deals with the subdivision of reserve lands for commercial and industrial purposes and with the procedures for and application of certain provisions of the provincial Land Title Act.

Part 24.2 of the Land Title Act allows the federal Minister of Indian Affairs and Northern Development (now Crown-Indigenous Relations and Northern Affairs Canada) to apply to the land title office to cancel the registration of reserve lands held in fee simple by Canada. These lands may then be subdivided and registered in the land title office in accordance with s. 4 of the FNCIDA Implementation Act and the provisions of the Land Title Act that apply.