HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Definitions

1  In this Act:

"agreement" means an agreement referred to in section 5 (1) (b) of FNCIDA, among Canada, a first nation and the government, in respect of a commercial or industrial undertaking, within the meaning of FNCIDA, that is located on reserve lands of the first nation, and includes an agreement among those parties and a provincial body in relation to the powers and duties of the provincial body under the applicable federal regulation;

"federal minister" has the same meaning as "Minister" in FNCIDA;

"federal regulation" means a regulation under FNCIDA that applies in respect of a commercial or industrial undertaking, within the meaning of FNCIDA, that is located on reserve lands in British Columbia;

"first nation" has the same meaning as in FNCIDA;

"FNCIDA" means the First Nations Commercial and Industrial Development Act (Canada);

"provincial body" means a corporation or other entity that

(a) is established or continued by an enactment, and

(b) has powers or duties under an enactment;

"provincial official" means a person who

(a) is a member of the Executive Council, an employee of the government or a person appointed to or employed by a provincial body, and

(b) has powers or duties under an enactment;

"reserve lands" has the same meaning as in FNCIDA.

Authority to enter into agreement

2  With the prior approval of the Lieutenant Governor in Council, a member of the Executive Council may enter into an agreement on behalf of the government.

Implementation of agreement

3  If

(a) a federal regulation specifies a provincial official by whom, or a provincial body by which, a power may be exercised or a duty must be performed, and

(b) the government has entered into an agreement for the administration and enforcement of the federal regulation by the provincial official or provincial body,

that provincial official or provincial body has authority to exercise the power and perform the duty under the federal regulation to the extent provided for in the agreement.

Deposit of FNCIDA subdivision plan

4  (1) If a parcel of reserve lands the indefeasible title to which is registered to Canada in the land title office includes reserve lands that are described in a federal regulation, for the purposes of a commercial or industrial undertaking within the meaning of FNCIDA, and the application and subdivision plan comply with this section, the registrar must

(a) accept an application from the federal minister for the deposit of a subdivision plan in respect of the parcel, and

(b) deposit the subdivision plan.

(2) An application under this section must be accompanied by an application and certificate of the federal minister under section 373.92 of the Land Title Act in respect of that parcel.

(3) The deposit of a subdivision plan must not result in the loss of necessary and reasonable access to the remainder parcel.

(4) An application and subdivision plan referred to in subsection (1) must comply with the Land Title Act except for the following provisions:

(a) sections 73 and 75;

(b) Divisions 3 and 4 of Part 7;

(c) sections 91, 92 (1) (c) and (2), 93 (1) (b), 97 (4) to (8), 99 to 102, 109 and 110;

(d) Division 11 of Part 7;

(e) Part 9.

Transition — Squamish Nation

5  (1) In this section, "project lands" means those portions of Capilano Indian Reserve 5 that are

(a) within the boundaries of the District of West Vancouver, and

(b) included as "project lands" in a federal regulation respecting the Squamish Indian Band.

(2) Despite section 373.92 of the Land Title Act, the registrar must not cancel the registration of the indefeasible or absolute title to a parcel of project lands unless the application referred to in section 373.92 (2) of the Land Title Act is also accompanied by a certificate of the minister certifying that the minister is satisfied that

(a) a framework agreement respecting the provision of municipal services by the District of West Vancouver to the project lands has been concluded between the Squamish Indian Band and the District of West Vancouver, or

(b) the Squamish Indian Band has made alternate adequate arrangements for any municipal services in respect of which the Squamish Indian Band and the District of West Vancouver are unable to conclude an agreement referred to in paragraph (a).

(3) A certificate under subsection (2) constitutes conclusive evidence to the registrar of the matters certified in it.

(4) This section may be repealed by regulation of the Lieutenant Governor in Council after the date on which the Land Title Act ceases to apply, in accordance with section 373.92 (5) of the Land Title Act, to any parcel of the project lands.

Consequential Amendments

Land Title Act

6 The Land Title Act, R.S.B.C. 1996, c. 250, is amended by adding the following Part:

Part 24.2 — Cancelling Registration of Reserve
Lands Registered to Canada

Cancelling registration of reserve lands registered to Canada

373.92  (1) In this section:

"band" has the same meaning as in the Indian Act (Canada);

"federal minister" means the Minister of Indian Affairs and Northern Development for Canada and includes a person to whom that minister has delegated in writing the minister's powers or functions under this section;

"reserve lands" means lands within a reserve as defined in section 2 (1) of the Indian Act (Canada).

(2) If Canada is the registered owner of the estate in fee simple in a parcel of reserve lands, on application by the federal minister, accompanied by a certificate that is signed by the federal minister, sets out a description of the parcel sufficient for the registrar to identify it in the register and certifies that

(a) the parcel is free of registered charges or the holder of any registered charge has consented to the cancellation, and

(b) the band council of the band for whose use and benefit Canada holds the estate has consented on behalf of that band to the cancellation,

the registrar must cancel the registration of the indefeasible or absolute title to the parcel together with the registration of any charge against or endorsement made on that indefeasible title.

(3) A certificate under subsection (2) constitutes conclusive evidence to the registrar of the matters certified in it.

(4) On cancelling an indefeasible or absolute title under subsection (2), the registrar must call in and cancel any duplicate indefeasible title that has been issued in respect of the title.

(5) For certainty, if registration is cancelled under subsection (2), this Act ceases to apply to the parcel.

Land Title and Survey Authority Act

7 Section 1 of the Land Title and Survey Authority Act, S.B.C. 2004, c. 66, is amended by adding the following definition:

"FNCIDA agreement" has the same meaning as "agreement" in the FNCIDA Implementation Act; .

8 Section 4 (1) is amended by striking out "and" at the end of paragraph (b) and by adding the following paragraph:

(b.1) to manage, operate and maintain a land title system for a first nation under an FNCIDA agreement, and .

9 Section 5 (1) is amended by striking out "and" at the end of paragraph (b) and by adding the following paragraph:

(b.1) records, as defined in the Land Title Act as that Act applies to a first nation under an FNCIDA agreement, and .

Commencement

10  The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

 
Explanatory Note

In order to implement agreements British Columbia enters into with Canada and a first nation under the First Nations Commercial and Industrial Development Act (Canada), this Bill provides authority for British Columbia's public officers and statutory bodies to exercise powers provided and perform duties imposed under the enactments of British Columbia that are adopted by reference by a regulation under the First Nations Commercial and Industrial Development Act (Canada) for the purposes of the application of those enactments on reserve lands that are subject to the regulation.