INTRODUCTION OF THE NISGA'A LANDHOLDING TRANSITION ACT

In February of 2008, the Executive authorized the Director of Lands and Resources to work with General Counsel and the Registrar to proceed with the work required to complete phase one of the Nisga'a Individual Landholding Project. Phase One of the project requires, as a first step, development of legislation that provides individual Nisga'a land holders with ownership of fee simple estates registered in the Nisga'a land title system with unrestricted transferability.

The draft Nisga'a Landholding Transition Act (the Act) is the first of several statutes to be considered, and was introduced at Wilp Si'Ayuukhl Nisga'a at its March, 2009 session.

The general scheme of the Act is as follows:

Fee Simple Offers for Parcels Subject to Entitlements

Offers by Nisga'a Village Governments

Nisga'a Village Governments will be empowered to offer to Nisga'a citizens who hold Nisga'a Village entitlements or Nisga'a Nation entitlements to parcels in the Villages, without charge, the estate in fee simple to their parcels. There will be three conditions precedent to such offers: the entitlements must not be subject to registered mortgages, the parcels must not be greater than 0.2 hectares in area, and the principal use of the parcels permitted under a Nisga'a Village Government zoning law must be residential.

Nisga'a Village Governments will also be empowered to offer to the Nisga'a Nation, without charge, the estate in fee simple to parcels in the Villages for which the Nation holds entitlements.

Requests for Offers by Entitlement Holders

If a Nisga'a citizen holds an entitlement to a parcel in a Village, the Nisga'a citizen may, by submitting a prescribed form, request that the Nisga'a Village Government offer the estate in fee simple to the parcel to the Nisga'a citizen.

If the Nisga'a Nation holds an entitlement to a parcel in a Village, the Nisga'a Nation may, by submitting a prescribed form, request that the Nisga'a Village Government offer the estate in fee simple to the parcel to the Nisga'a Nation.

Nisga'a Village Governments will be required to consider, and may not unreasonably refuse, such requests from entitlement holders. It will not be considered unreasonable for a Village Government to refuse such a request from a Nisga'a citizen if the Nisga'a citizen is indebted to a Nisga'a Village or the Nisga'a Nation. If a Village Government decides to refuse such a request, the entitlement holder will be able to request that the Nisga'a Administrative Decisions Review Board review the decision.

Fee Simple Transfers of Parcels Not Subject to Entitlements

Transfers by Nisga'a Village Governments

Nisga'a Village Governments will be empowered to transfer to Nisga'a citizens the estate in fee simple to parcels in the Villages that are not subject to entitlements. There will be two conditions precedent to such transfers: the parcels must not be greater than 0.2 hectares in area and the principal use of the parcels permitted under a Nisga'a Village Government zoning law must be residential.

Nisga'a Village Governments will also be empowered to transfer to the Nisga'a Nation the estate in fee simple to parcels in the Villages that are not subject to entitlements.

Please note that meetings will be held later in the spring to allow the Nisga'a Citizens in all Villages and Urban Associations to learn more about the legislation and given their views.

A copy of the legislation introduced at WSN can be found on the Nisga'a Individual Landholding Project page.