Land Title

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Contents Land Title	Overview This chapter explains how the Nisga’a Nation can register the title to a parcel of Nisga’a Lands in the provincial land title system, what rules apply while the title is registered, and how the Nisga’a Nation can cancel the registration. Why would the Nisga’a Nation wish to register the title to a parcel of Nisga’a Lands in the provincial system? The provincial land title system is a fundamental part of real property rights in British Columbia. It provides the means for owners and purchasers of land, and holders of interests in land such as mortgages or rights-of-way, to have certainty about their interests. If an interest in land is registered in the provincial system, that interest is guaranteed by the provincial assurance fund. While the Treaty provides the Nisga’a Nation with the authority to establish a Nisga’a land registry or land title system, it may be that to achieve the full economic benefit of a particular parcel of land it will be advantageous to have title to that parcel registered in the provincial system. Under the Treaty, it will be up to the Nisga’a Nation to make that decision. Will the Nisga’a Nation and the Nisga’a Villages continue to have authority if the title to a parcel of Nisga’a Lands is registered in the provincial system? Yes. The Land Title Act will apply, with its strict requirements for registration, but the roles of the Nisga’a Nation and the Nisga’a Villages will be recognized. The jurisdiction of Nisga’a Lisims Government and the Nisga’a Village Governments will not be reduced, except as set out in the Treaty. Can the Nisga’a Nation cancel the registration of the title to a parcel of land in the provincial system? Yes. If a parcel of land is owned by the Nisga’a Nation, a Nisga’a Village or Nisga’a Corporation, and if no other person has a charge against the title, such as a mortgage or a right-of-way, the Nisga’a Nation can apply to cancel the registration, with the consent of the owner of that parcel.

Contents

Land Title

Overview

This chapter explains how the Nisga’a Nation can register the title to a parcel of Nisga’a Lands in the provincial land title system, what rules apply while the title is registered, and how the Nisga’a Nation can cancel the registration.

Why would the Nisga’a Nation wish to register the title to a parcel of Nisga’a Lands in the provincial system?

The provincial land title system is a fundamental part of real property rights in British Columbia. It provides the means for owners and purchasers of land, and holders of interests in land such as mortgages or rights-of-way, to have certainty about their interests. If an interest in land is registered in the provincial system, that interest is guaranteed by the provincial assurance fund. While the Treaty provides the Nisga’a Nation with the authority to establish a Nisga’a land registry or land title system, it may be that to achieve the full economic benefit of a particular parcel of land it will be advantageous to have title to that parcel registered in the provincial system. Under the Treaty, it will be up to the Nisga’a Nation to make that decision.

Will the Nisga’a Nation and the Nisga’a Villages continue to have authority if the title to a parcel of Nisga’a Lands is registered in the provincial system?

Yes. The Land Title Act will apply, with its strict requirements for registration, but the roles of the Nisga’a Nation and the Nisga’a Villages will be recognized. The jurisdiction of Nisga’a Lisims Government and the Nisga’a Village Governments will not be reduced, except as set out in the Treaty.

Can the Nisga’a Nation cancel the registration of the title to a parcel of land in the provincial system?

Yes. If a parcel of land is owned by the Nisga’a Nation, a Nisga’a Village or Nisga’a Corporation, and if no other person has a charge against the title, such as a mortgage or a right-of-way, the Nisga’a Nation can apply to cancel the registration, with the consent of the owner of that parcel.