Landholding Transition Act

Nisga’a Individual Landholding Project

Directorate of Lands and ResourcesNisga’a Lisims Government

June 2009

Project History

2006 WSN Economic Roundtable

2007 Discussion Papers Community Discussions

2008 Report to Special Assembly

2009 Draft Legislation Community Discussions

WSN Economic Roundtable (2006)

Nisga’a prosperity

Nisga’a self-reliance

Discussion Paper (2007)

Hard to mortgage Too complex Village Government owns all land Hard to lease or rent an Entitlement

Community Discussions (2007)

• Ownership?

• Mortgages?

• Risk?

• Help with complexity?

• Renting and leasing?

Community Discussions 2007

Report to Executive on Community Discussions (2007)

Support for unrestricted ownership of land

Concern about loss of land

Executive Decision (2007)

Legislation that would create the possibility of unrestricted fee simple ownership of residential lots in Nisga’a villages

Draft Legislation

Fee simple ownership Village jurisdiction Voluntary

Nisga’a Landholding Transition Act

What does it mean?

How would it work?

What are the benefits and risks?

Intent of the Legislation

Opportunity for Nisga’a citizens Security of the land base Respect for Nisga’a citizens’ ability to be

responsible landowners

Create an opportunity for fee simple ownership of residential lands in Nisga’a villages

What Lands?

Area (ha)

Nisga’a Lands 200,000

Village Lands 4300

Villages 200

Residential Lands 100

The Nisga’a Landholding Transition Act will apply to approximately 1/2000 or .05% of Nisga’a Lands.

What land?

Nisga’a Lands

Village Lands

Villages

Protection of the Land Base

Consistent with the Constitution and Final Agreement

Always Nisga’a Land, no matter who owns it. Village jurisdiction

For Whom?

Initial grant to Nisga’a citizen only Nisga’a citizen could bequeath, sell, rent or lease

to anyone Can be used as security for a mortgage.

How does it work?

Lots with an Entitlement

Lots without an Entitlement

Lots with an Entitlement – Offer by Village

Nisga’a Village may, for no charge, offer fee simple ownership to current Entitlement holders if: No mortgage .2 ha or less Residential zoning

Entitlement holder may accept or decline the offer

Lots with an Entitlement – Request by Entitlement Holder

Entitlement holder may request a grant of fee simple interest

Village must consider the request and cannot unreasonably refuse it

If refused, reasons must be provided Decision to refuse a request is reviewable under

the Administrative Decisions Review Act

Lots with No Entitlement

Village can grant fee simple ownership of residential lots that do not have an Entitlement

Village can charge money

Can only be granted to Nisga’a citizens Parcel size is .2 ha or less Zoned for residential use

When I own a lot, what can I do with it? You can use it for any purpose allowed by the

Village Government zoning law You can use it as security for a mortgage from a

bank or other financial institution You can transfer it, or leave it in your will to

anyone, whether or not they are a Nisga’a citizen You can sell it, or buy someone else’s, without

having to involve the Village Government or Nisga’a Lisims Government in the transaction

What Comes Next?

Consequential amendments to other legislation Zoning laws adopted by Village Governments Revision of Land Title technical and administrative

systems WSN consideration in October Continued education and support for Nisga’a

citizens, Village Governments, financial institutions, etc.


Help for Nisga’a Citizens as they work towards prosperity

Rights Responsibility Opportunity

Thank you


Education

Landholding Transition Act