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CERTIFICATE OF POSSESSIONCertificate of Possession is documentary evidence of a First
Nation member's lawful possession of Reserve lands pursuant to the
Indian Act. This is similar to buying a share in a
company, but in this case the stock equals use of land.
The Government of Canada retains legal title to the
land. Consequently the Certificate of Possession (CP)
holder (also known as a 'Locatee') cannot get a mortgage.
However, the CP holder is entitled to the use of the land, and
rights are transferrable by sale or
bequeath. Therefore, any proposed development on CP
land by a third-party requires an agreement and contract with the
CP holder(s). In some cases this can involve several
families.
Most of the revenue from land rent or resource use goes to the
Certificate of Possession holder. Cowichan Tribes is
only paid a nominal amount to negotiate and administer
leases/agreements.
Almost all Cowichan Reserve land is allocated or claimed by
individual band members. The only
communal land holdings are the site of the
Administration complex and a parcel by St. Ann's Church leaving
virtually no land for overall community development purposes unless
the Band purchases it from the CP holder(s).
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