PDF Version

2nd Session, 43rd Parliament

(2026) FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

SCOTT MCINNIS

BILL M 239 – 2026

ABORIGINAL TITLE TRANSPARENCY ACT

Contents

Definitions and

interpretation

Notice to affected persons

Notice in land title office

Reporting

Remedies

Offence Act

Regulations

Transitional

Commencement

This Bill requires an affected person be given notice in respect of aboriginal title claims and negotiations that may affect land in which there are one or more owners of an estate in fee simple and requires a written notice to be filed in the land title office.

This Bill also requires reporting in respect of aboriginal title claims and negotiations respecting aboriginal title that may affect land in which there are one or more owners of an estate in fee simple.

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

Definitions and

interpretation

(1) In this Act:

"affected person" means an owner of an estate in fee simple in a portion of land over which a declaration of aboriginal title has been sought or made;

"land title office" has the same meaning as in the Land Title Act ;

"registrar" has the same meaning as in the Land Title Act .

Notice to affected persons

(1) The minister must, as soon as reasonably practicable, take all reasonable steps to provide notice to all affected persons in the following circumstances:

(

a) the government is a party to a proceeding in which a declaration of aboriginal title is sought that may affect land in which there are one or more owners of an estate in fee simple;

(

b) the government enters into negotiations respecting the recognition or settlement of aboriginal title that may affect land in which there are one or more owners of an estate in fee simple.

(2) Notice under this

section must include

(

a) a description of the lands affected,

(

b) a listing of all parties to the proceeding or negotiations,

(

c) the status of the proceeding or negotiations,

(

d) how information about the proceeding or negotiations may be obtained by the affected person, and

(

e) any other prescribed information.

(3) If there is a material change in the nature or status of a proceeding or negotiations, the minister must provide an additional notification under this

section to any affected person.

Notice in land title office

(1) The minister must, within 30 days of providing notice to an affected person under

section 2, file in the land title office a written notice containing

(

a) a description of the land sufficient for the registrar to identify the land in the records of the land title office, and

(

b) a statement that a claim of aboriginal title has been made in relation to the land.

(2) The registrar must make a note of the filing against the title to the land that is affected by the notice referred to in subsection (1).

Reporting

(1) The minister must, by April 30 of each year, prepare a report including all of the following information:

(

a) a list of all unresolved aboriginal title claims and negotiations respecting aboriginal title that may affect land in which there are one or more owners of an estate in fee simple including the status of such claim or negotiations;

(

b) a list of all resolved aboriginal title claims and negotiations respecting the recognition or settlement of aboriginal title that may affect land in which there are one or more owners of an estate in fee simple;

(

c) a description of land over which a declaration of aboriginal title has been sought or made;

(

d) any material changes from the previous reporting period;

(

e) any other prescribed information.

(2) A report prepared under subsection (1) must not disclose information contained in an agreement made under

section 4 of the Heritage Conservation Act .

(3) Upon completion of a report prepared under subsection (1), the minister must, as soon as practicable,

(

a) table the report in the Legislative Assembly if then sitting, or deposit the report with the Clerk of the Legislative Assembly if the Legislative Assembly is not then sitting, and

(

b) publish the report on a publicly accessible website maintained by or on behalf of the minister.

Remedies

5 A court may consider the impact on an affected person and the responsibilities of the government to the affected person when determining a remedy to be granted following a declaration of aboriginal title.

Offence Act

Section 5 of the Offence Act does not apply to this Act or the regulations.

Regulations

(1) The Lieutenant Governor in Council may make regulations referred to in

section 41 of the

Interpretation Act .

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(

a) prescribing the content and manner of publication of the notice to an affected person for the purposes of

section 2;

(

b) prescribing information for the purposes of

section 4;

(

c) defining any word or expression used but not defined in this Act.

Transitional

(1) Within 30 days of the coming into force of this Act, the minister must notify an affected person of the following in the manner referred to in

section 2:

(

a) an active proceeding commenced before the coming into force of this Act in which a declaration of aboriginal title is sought that may affect land in which there are one or more owners of an estate in fee simple;

(

b) ongoing or concluded negotiations commenced before the coming into force of this Act respecting the recognition or settlement of aboriginal title that may affect land in which there are one or more owners of an estate in fee simple.

Commencement

9 This Act comes into force on the date that is six months after the date of Royal Assent.

Explanatory Note

This Bill requires an affected person be given notice in respect of aboriginal title claims and negotiations that may affect land in which there are one or more owners of an estate in fee simple and requires a written notice to be filed in the land title office.

This Bill also requires reporting in respect of aboriginal title claims and negotiations respecting aboriginal title that may affect land in which there are one or more owners of an estate in fee simple.

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