vFCBC - Applying for a Crown Land Tenure

Applying for a Crown Land Tenure - Private Moorage

Rules for Submitting an Application


	To apply for most Crown Land Tenures, Leases, Permits or Licences of Occupation, you must

	If you are an Individual:

	Be 19 or over. Be a Canadian Citizen or a Permanent Resident.

	If you are a Corporation:

	Be incorporated or registered in BC Corporations also include registered partnerships, cooperatives and non profit societies that are formed under the appropriate law.

	If you are a Society:

	Have a Society number. A certified copy of the Constitution and Bylaws indicating your organization has formed a non-profit organization and is entitled to hold land. The Constitution and Bylaws must state that on winding-up and dissolution of the society, after all debts have been paid or provision for payment has been made, the assets remaining shall be paid, transferred, or delivered to the Minister of Finance. A copy of the latest annual report of your organization including the financial statement and the report of the directors to the members. Written confirmation that the organization passed a resolution endorsing the application and stating that all land applied for is required for the intended use. Documentation indicating the organization is exempt from payment of property tax, pursuant to the Taxation (Rural Area) Act and the Municipal Act by virtue of the fact that the activities are of demonstrable benefit to all members of the community. The appropriate documentation showing that the organization is exempt from payment of income tax, pursuant to the federal Income Tax Act, by virtue of the fact that no income is payable to or available for the personal benefit of any proprietor, member or shareholder. Revenue Canada Rulings Directorate (613) 957-8953 is the department that would make the ruling as to whether or not the organization is deemed to be a non-profit organization pursuant to the Income Tax Act. This department will also determine whether or not the organization is tax exempt.

	First Nations can apply through band corporations or Indian Band and Tribal Councils. Band or Tribal Councils need a Band Council Resolution authorizing the council to enter into the tenure agreement and giving the people signing the tenure agreement the ability to sign on behalf of the Band. For tenures that will be registered in the Land Titles Office, First Nations must apply through either a band corporation or trustees. Band members can elect 1 or more trustees to hold a tenure on behalf of the Band. Verification of election is required by way of a letter signed by the Chief and councilors of the Band giving the full names of the trustees and stating that they were elected at a properly convened Band meeting. A Band Resolution is not required.

	In the case of aquatic land, non-Canadians can apply if they own the adjacent upland. Companies must still be incorporated or registered in BC. This applies to commercial and private applications.

	Some land programs have more restrictive eligibility requirements. These will be explained in the land use policy. You may also contact a FrontCounter BC office for more information.


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