Nisga’a Land Title
The Nisga’a Nation is located in the Nass Valley in the northwest region of British Columbia. The Nisga’a modern treaty came into effect on May 11, 2000 and was the first modern treaty signed in B.C. It lays out Nisga’a’s right to self-government as well as the authority to manage lands and resources. There are approximately 7,000 Nisga’a citizens and four main communities, Gitlax̱t’aamiks , Gitwinksihlkw, Lax̱g̱alts’ap and Ging̱olx.
When the Nisga’a modern treaty came into effect in 2000, so did the Nisga’a Land Title Office, which is still the only Torrens title system operated by an Indigenous Government. What this means on a practical level is that registered Nisga’a land is not recorded in the BC Land Title Office or any provincial or national registry; rather it is operated in accordance with the Nisga’a Land Title Act.
The Nisga’a decided to create their own land title system because it was unacceptable to them, as a self-governing Nation, to allow another government to control land title, to control when their citizens lose title, and to design the hierarchy of charges when it comes to land management.
Since 2012 Nisga’a citizens have been able to own their land in fee simple, much like Canadians all over the country. This was accomplished through the authority of the Nisga’a Treaty, and they are the first Indigenous organization to do this. Fee simple ownership allows citizens to sell, lease, or transfer their land to anyone, or use their property as security for a loan.
There are some challenges with the Land Title Office, specifically the extra cost and capacity. Overall, however, the Nisga’a system is considered a success and runs effectively. It is a sophisticated system that allows the Nisga’a Nation to exercise control over their lands; a true success in self-government.
