The Province of British Columbia is in talks with five Treaty 8 First Nations in northeast B.C. about potential land transfers. These discussions fall into two broad categories:
Land parcel provisions for lands that have been owed to Treaty 8 Nations since 1914, and
Land parcels to accommodate First Nations for the impacts of the Site C Clean Energy Project.
Please read below to learn more about land transfers, including the types of land transfers under consideration, and how you can provide feedback regarding land transfers.
The Province of British Columbia is building relationships with Treaty 8 First Nations based on respect and recognition of rights. Our government also has a duty to uphold the honour of the Crown and implement historic treaties in ways that are fair and just. Accordingly, we are working to transfer lands which have been owed to Treaty 8 First Nations for more than 100 years, and to transfer land to accommodate those Treaty 8 First Nations for the impacts on their treaty rights from the Site C Clean Energy Project.
The Province will fulfill land transfers through:
Treaty Land Entitlement (TLE) settlements,
Site C Tripartite Land Agreements.
In pursuing these discussions, the Province may establish temporary protections on land selections while the land transfer processes are underway. Parcels with temporary protections are still Crown lands and access remains open for activities such as hiking, hunting and fishing. The protections simply hold the land in its current state during negotiations and stakeholder engagement.
In 1914, Treaty 8 allocated reserve land to eight First Nations in northeast B.C., guaranteeing the signatories would receive land according to a population-based formula. Some Treaty 8 First Nations did not receive all the land they were entitled to under the treaties signed, making them eligible to file a Treaty Land Entitlement (TLE) claim with the Province and Canada.
The Northeast B.C. TLE claims give our government an opportunity to right a long-standing injustice dating back more than 100 years. We are committed to working with Canada and First Nations to reach settlements in a fair and equitable manner, consistent with our reconciliation goals and the needs of the First Nations’ communities.
Parties involved in current TLE discussions include: the Province of British Columbia, the Government of Canada and five Treaty 8 First Nations:
Blueberry River First Nations
Doig River First Nation
Halfway River First Nation
Saulteau First Nations
West Moberly First Nations
TLE negotiations: BC is working with Canada and First Nations to reach settlements that consider the following:
The transfer of Crown land in BC:
Shortfall Land: land that will be transferred directly to Canada to become federal reserve land, as owed to the First Nations to make their reserves the size they should have been when the treaty was signed, and
Additional Land: land that will be made available for purchase by the First Nation, at fair market value, transferred fee simple* (as private land). Land transferred fee simple would be subject to laws, bylaws, zoning regulations and property taxes- similar to any other private property. Some of this land may be considered for additions to reserve.
Financial settlement from the federal government for lost opportunity for not having the Shortfall Land over the last 100 + years.
*fee simple = a way that real estate and land may be owned, considered the highest possible interest that can be held in real property.
In 2013, Canada and B.C. established a Joint Review Panel to examine – and hold a public hearing on – the Site C Clean Energy Project. The Panel’s final report in May of 2014 determined that Site C will have adverse impacts to the hunting, fishing and trapping rights of some Treaty 8 First Nations.
The B.C. government heard from Treaty 8 First Nations who are opposed to Site C, and their perspectives were an important part of the deliberations on a very challenging decision to move forward with the project.
The Province’s 2017 decision to proceed with construction of Site C was primarily driven by a determination that British Columbians should not have to take on $4 billion in debt with nothing in return for British Columbians and with massive cuts to the services they count on.
Cancelling the project would add billions of dollars to the provincial debt, putting at risk the Province’s ability to deliver funding for other essential services, programs and infrastructure, including housing, child care, schools and hospitals for families across B.C.
Through Site C Tripartite Land Agreements (TLA), we are committed to accommodating Treaty 8 First Nations for adverse effects of the Site C Project on Treaty 8 rights.
TLAs have been negotiated between:
BC Hydro
Province of British Columbia
Treaty 8 First Nations:
Doig River First Nation
Halfway River First Nation
McLeod Lake First Nation
Saulteau First Nations
TLA commitments: Commitments under the TLAs related to land transfers include:
Crown land in BC being transferred to First Nations, as private land (fee simple *), which would be subject to laws, bylaws, zoning regulations and property taxes- similar to any other private property.
First Nations may apply to the federal government to add their own private land to a reserve through the federal add-to-reserve process.
*fee simple = a way that real estate and land may be owned, considered the highest possible interest that can be held in real property.
B.C. is engaging with the following stakeholders on land transfers:
Tenure holders (with licences/tenures that overlap parcels proposed for transfer)
Local governments
Interest groups (industry, recreation, conservation)
Public
The Province will be engaging in comprehensive consultations with stakeholders who have existing tenures, licenses or leases on Crown land designated for transfer of ownership to First Nations. Only once all overlapping tenures and stakeholder concerns have been addressed, will there be a final selection of lands for transfer.
In addition, a Northeast Roundtable has been established to encourage local governments, interest groups and First Nations to meet and discuss agreements the Province is developing with Treaty 8 First Nations. A further goal is to help build awareness of government’s work on reconciliation and partnerships with First Nations.
Timeframes for stakeholder engagement may vary. See the First Nation parcel-specific information below for comment timeframes.
Click the links in the table to open overview maps, parcel-specific maps and spatial files (.KMZ) for use in Google Earth. Note that these parcel areas are subject to changes while the land transfer process is underway.
*note: Halfway maps include both TLE and Site C Land Agreement selections within the same area.
How to provide feedback:
Members of the public were invited to provide written comments about how they may be impacted by proposed land transfers for both TLE settlements and Site C Land Agreements.
Comments were submitted by letter or e-mail.
How will my feedback be considered?
We will compile your feedback in a detailed record, which will be taken into consideration before decisions are made on the transfer of Crown lands through TLE settlements and Site C Land Agreements.
The Province may use tools, such as Land Act Notation of Interests, Section 16, and Section 17 withdrawals, to establish temporary protections on land selections while the land transfer processes are underway. Parcels with temporary protections are still Crown lands and access remains open for activities such as hiking, hunting and fishing. The protections simply hold the land in its current state during negotiations and stakeholder engagement.
