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Volume 65, No. 4
44/2022
The British Columbia Gazette, Part II
March 1, 2022

B.C. Reg. 44/2022, deposited February 22, 2022, under the PROPERTY TRANSFER TAX ACT [section 37 (2) and (3)]. Order in Council 90/2022, approved and ordered February 22, 2022.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that effective August 1, 2021 the attached Property Transfer Tax Exemption Regulation No. 34 is made.

— S. ROBINSON, Minister of Finance; J. WHITESIDE, Presiding Member of the Executive Council.

PROPERTY TRANSFER TAX EXEMPTION REGULATION NO. 34

Definition and interpretation

1 (1) In this regulation, "Act" means the Property Transfer Tax Act.

(2) Words and expressions used in this regulation in relation to a specific treaty first nation and defined in the final agreement of the treaty first nation have the same meaning as in that final agreement.

(3) Words and expressions used in this regulation in relation to the Nisga'a Nation and defined in the Nisga'a Final Agreement have the same meaning as in the Nisga'a Final Agreement.

Exemption

2 (1) Subject to subsection (2), a transfer of lands described in column 2 of the Schedule to a transferee set out opposite in column 1 of the Schedule is exempt from tax payable under the Act.

(2) Subsection (1) does not apply if

(a) the applicable final agreement provides a date by which or a period within which the transferee must become the registered owner of the land described in column 2 in order for the land to be added to the treaty lands and the transfer of the land does not occur by that date or within that period, or

(b) the applicable final agreement provides a date by which or a period within which the transferee must notify British Columbia that it wishes to purchase the land described in column 2 of the Schedule and notice is not given by that date or within that period.

Schedule

Item

Column 1

Transferee

Column 2

Lands

1

Huu-ay-aht First Nations

 

A Maa-nulth First Nation Public Institution of Huu-ay-aht First Nations

The lands identified for illustrative purposes as

"Subject Lands" and set out in Appendix F-3, Part 1,

Plans 1 to 3 of the Maa-nulth First Nations Final

Agreement

2

The Nisga'a Nation

 

A Nisga'a Village

The lands within the boundaries set out in

Appendix B-2 of the Nisga'a Final Agreement

 

The lands subject to a woodlot licence or an

agricultural lease within the boundaries of Nisga'a

Lands and set out in Appendix B-3 of the Nisga'a

Final Agreement

3

The Tla'amin Nation

 

A Tla'amin Public Institution

The lands identified as "Potential Addition" and set

out in Appendix I, Part 1, Maps 1 to 4 of the

Tla'amin Final Agreement

 

The lands identified as "Potential Addition" and set

out in Appendix I, Part 2, Maps 1 to 4 of the

Tla'amin Final Agreement

4

Toquaht Nation

 

A Maa-nulth First Nation Public Institution of Toquaht Nation

The lands identified for illustrative purposes as

"Subject Lands" and set out in Appendix F-3, Part 2,

Plan 1 of the Maa-nulth First Nations Final

Agreement

5

Tsawwassen First Nation

The lands defined as "Specified Lands" in the

Tsawwassen First Nation Final Agreement

6

Uchucklesaht Tribe

 

A Maa-nulth First Nation Public Institution of Uchucklesaht Tribe

The lands identified for illustrative purposes as

"Subject Lands" and set out in Appendix F-3, Part 3,

Plan 1 of the Maa-nulth First Nations Final Agreement

7

Ucluelet First Nation

 

A Maa-nulth First Nation Public Institution of Ucluelet First Nation

The lands identified for illustrative purposes as

"Subject Lands" and set out in Appendix F-3, Part 4,

Plan 1 of the Maa-nulth First Nations Final

Agreement

 

The lands identified for illustrative purposes as

"Subject Lands" and set out in Appendix F-4, Part 1,

Plan 1 of the Maa-nulth First Nations Final

Agreement


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