Category: First Nations

This article is the fourth in my series on leasing First Nations land. My previous articles have reviewed the process for establishing new head leases and subleases on First Nations land. In this article, I will review the process for transferring interests in existing subleases.

In many cases, the interest purchased in a residential development is a subleasehold interest and that is the type of interest that I will discuss in this article. However, the process for assigning a head leasehold interest is very similar and generally the same steps will be involved.

This is the third in my series of articles on First Nations leasing.  In my first article, I discussed Buckshee Leases and some of the risks associated with unregistered leases of first nations lands.  In my second article, I reviewed Indian and Northern Affairs Canada’s (“INAC”) process for reviewing and approving registered leases.  I have also p

“Buckshee lease” is a colloquial term for a lease entered into between a member of an Indian Band or the Band itself and an individual, first nations or not, where the lease has not been formally approved by the Department of Indian and Northern Affairs in accordance the Indian Act. Buckshee leases tend to appear on reserves where the Band does not have land management powers under the Indian Act.