LAND ACT

Act

Regulations

Falcon Way Land Availability Regulation (posted Sept. 2, 2010)
Land Disposition Forms Regulation (posted Sept. 2, 2010)
Proposed Land Measures Regulation (posted April 21, 2010)
Land Act Form Regulation (posted Sept. 29, 2009)

Summary:

Note: The summary below is not a legal document. It should not be relied upon for accuracy and does not in any way replace, supercede, or supplement the Law.

The Land Act is one of the most important laws to be enacted by Tsawwassen First Nation on the Effective Date.  It establishes the overall framework for the administration of Tsawwassen lands, the procedures for the management of lands by the Tsawwassen Government.

Perhaps one of the most important things it does is prevent any sale of Tsawwassen lands to any non-Tsawwassen member orentity under any circumstances, though the prohibition of alienation under Section 6.  This makes sure that land will always continue to be owned by Tsawwassen First Nation.

The act establishes the legal framework for Tsawwassen Fee Simple lands (TFSI).  All CP (certificate of possession) lands will be converted into this new type of land holding.  It is much like ordinary ownership, except that the lands held in this way cannot be sold to anyone other that a TFN Member or a TFN entity.  In the future TFN members may be able to acquire small parcels of land of this sort for residential housing.

Land not held as TFSI lands will be public lands.  The Act sets out how land can be leased or rented for various purposes.  All public land made available to anyone will have to be land that has been designated for leasing or renting.  Any development will have to be of a kind that is permitted under the Land Use Planning and Development Act.  Maximums are set for the number of years that land may be leased.  TFSI land may be put out to lease for up to 99 years, while TFN public lands may not be leased for any period longer than 49 years if it is to be used for non-residential purposes.  All lands will be subject to hold-backs in the name of TFN so a small part of the land may be used by the community in the future for public purposes.  Sub-surface minerals, oil and gas and gravel all must remain under TFN ownership.

If anyone wants to lease or rent TFN public lands they will have to follow a standard process set out in the act.  They may be asked to undertake certain studies at their own expense to ensure the use is a good one.  If land is leased or rented by error or if TFN is not told the truth by the applicants, the leases or rental agreements will not be valid.

The act sets out grounds for prohibiting people from trespassing on TFN public lands, and penalties if they do.  It sets out rules for the expropriation of lands that are needed for public works, including that it must be limited to the smallest amount of land possible and that compensation must be paid.
A number of decisions about land will have to go to a community vote for approval, including leases of public lands for more than 25 years, permits and licenses for the development of natural resources, and the granting of TFSI ownership be members for parcels of land larger than required for a residence.

Amendments to the Land Act in the future will require a special procedure to be followed.  All proposed amendments must first be considered by the Legislature to decide whether the amendments should require community approval.  If the Legislature decides they do, the amendments must go to a community vote.  Only after a vote is held in these cases can the act be amended.

The Land Act was voted upon by Members in January and early February.  It was approved by a large majority.