Squamish Nation Land Development Regulations (Proposed), pursuant to the First Nations Commercial and Industrial Development Act

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Title or working title of the regulatory initiative

Squamish Nation Land Development Regulations

Enabling act(s)

First Nations Commercial and Industrial Development Act

Description

Proposed regulations are being developed under the First Nations Commercial and Industrial Development Act to govern condominium development on reserve land in the Province of British Columbia.

The First Nations Commercial and Industrial Development Act (the Act), which came into force on April 1, 2006, addresses regulatory gaps between on-reserve and off-reserve lands. The Act provides a mechanism to replicate the provincial rules and regulations that govern large-scale commercial and industrial projects off-reserve and apply them to specific projects on-reserve. The Act was amended and brought into force on March 1, 2011 to enable the registration of on-reserve commercial real estate developments in a system that replicates the provincial land titles or registry system. Where regulations under the Act will be administered and enforced by provincial officials, a tripartite agreement between Canada, the province, and the First Nation involved is necessary for a project to proceed.

The Squamish Nation submitted a proposal for the development of a large scale condominium development on its reserve lands. The proposed Squamish Nation Land Development Regulations would reproduce, with minor adaptations, a large portion of the Province of British Columbia's regulatory regime related to land registration, title assurance, strata property rights, and environmental management applicable to similar condominium projects on provincial lands. Federal health, safety and environmental legislation would continue to apply to this project as it does for other federal lands.

Regulatory cooperation efforts (domestic and international)

A Tripartite Agreement under the First Nations Commercial and Industrial Development Act, between the Government of Canada, the Province of British Columbia and the Squamish Nation would create an ongoing positive and collaborative regulatory partnership. However, the proposed regulatory initiative would not fall under a specific formal regulatory cooperation work plan.

Potential impacts on Canadians, including businesses

There are no expected impacts on Canadians and businesses. The proposed regulations are not expected to impact broader stakeholders as they would be of interest only to the parties primarily involved in the project, namely the Government of Canada, the Government of British Columbia and the Squamish Nation.

Consultations

The parties primarily affected by these regulations are the Squamish Nation, the Province of British Columbia and the Land Title and Survey Authority, the Government of Canada, as well as community members. The development of the regulations is ongoing in close collaboration between all three governments, and all parties review and comment on successive drafts of the proposed drafting instructions for the regulations.

Discussions with stakeholders are expected to take place during the 2019-2021 planning period. A regulatory proposal will follow that will be available for public comment upon pre-publication in Part I of the Canada Gazette and in the First Nations Gazette for a 30-day comment period, which is anticipated to occur during the same planning period.

Further information

Please contact the Department for further information about this proposed project.

Departmental contact information

Marc Boivin
Director
Research, Policy and Legislative Initiatives
Economic Policy Development Branch
Lands and Economic Development Sector
Tel.: 819-994-6735
Email: marc.boivin@canada.ca

Public Enquiries Toll-free: 1-800-567-9604

The date the regulatory initiative was first included in the Forward Regulatory Plan

March 2013

Date modified: