Knowledge (XXG)

Land ownership in Canada

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along with the phasing out of national passenger rail on the lines that serviced these areas has led to the near abandonment of many small rural towns across these regions with both a detrimental impact to the local economy and landscape. A recent trend toward greenbelt housing, cottages, acreages, and hobby farms has been fueled by an abundance of jobs in the oil & gas sector, speculation due to a rise of agricultural GDP in recent years and the cost of urban real estate that may in cases justify daily commuting to nearby cities particularly with the reintroduction of passenger rail as well as other modes of public transit.
317:, the federal government generally included minerals in the land grants. As settlement progressed, the federal government came to realise the value of the mineral rights, and began to reserve classes of minerals in subsequent land grants: first, just precious minerals; then reservations of coal; and finally land grants would reserve "all minerals unto the Crown." When the federal government finally transferred the natural resources to the three Prairie provinces in 1930, the provincial governments received the benefits of those mineral reservations. 328:, or individuals may be the owner of the mineral rights for a particular plot of land, separate from the owner of the surface rights. Careful examination of the title is therefore necessary to determine who owns the mineral rights to a particular piece of land. For example, in the leading petroleum-producing province of Alberta, 81% of the subsurface mineral rights are owned by the provincial Crown. The remaining 19% are owned by the federal Crown, individuals, or corporations. 428: 346: 295:. That was the pattern of land ownership in the earliest British settlements in what is now eastern Canada. When the Crown granted land to settlers, the land grant normally included all minerals, other than precious minerals. The result is that in Ontario, Quebec, and the four Atlantic provinces, much of the mineral rights are privately owned. 485:, however, which are not land ownership in the traditional sense. In 1981, less than 4% of owner households owned condominiums. By 2001, this proportion had more than doubled to 9%, and by 2006, it had reached 10.9%. Again, this reflects the impact of urbanization which has changed land holding patterns substantially. 263:
to fund its transcontinental line, other areas were reserved for school boards to be sold to fund education, and the rest was distributed to settlers for agriculture. Settlers paid a $ 10 fee and agreed to make some improvements within a specified time for 160 acres (65 ha), commonly known as a
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In the last century, the trend in Canada has been for a smaller percentage of people to own land, as more urbanization has turned people into renters. Still Canada has one of the world's highest rates of home ownership, which actually increased during the economic boom of the mid 2000s. In 2008, of
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of 1871 to 1921, though not all groups signed treaties. In particular, in most of British Columbia Aboriginal title has never been transferred to the Crown. Many native groups, both those that have never signed treaties or those that are dissatisfied with the execution of treaties have made formal
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In rural areas, the trend has been towards commercial farming operations. The number of farms has continually decreased since the end of the pioneering era in Western Canada (as recently as the 1930s in some regions, but more generally 1914), and at the same time, farm sizes have increased. This
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When the ownership of the surface and the minerals are split between two different owners, the owners of the minerals cannot extract them in a way that damages the surface, for example by undercutting support of the surface. At the same time, the surface holder cannot prevent the owner of the
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Even when the land grant included minerals, as was the case with the land grants to the Canadian Pacific Railway Company and the Hudson's Bay Company, those land-holders could sell the surface rights to agricultural settlers, while retaining the mineral rights themselves. Like the federal
306:, unlike the situation in eastern Canada, where the provinces held Crown lands and could make land grants. The federal Crown's ownership of the land in western Canada included the power to grant land titles, and also the power to determine if minerals would be included in the land grants. 134:
of 1930 the prairie provinces of Alberta, Saskatchewan, and Manitoba, and to a limited extent British Columbia, did not control Crown lands or subsoil rights within their boundaries, which instead rested with the federal government. This deprived them of the benefits of
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minerals from accessing their minerals. Most provinces, such as Alberta, have passed legislation to govern these competing rights. Disputes between owners of the surface and owners of the mineral rights are adjudicated by the Land and Property Rights Tribunal.
200:, is subject to Aboriginal title. Native groups historically negotiated treaties in which they traded tenure to the land for annuities and certain legal exemptions and privileges. Most of Western Canada was secured in this way by the government via the 159:, which was similar to the type of late feudalism practised in France at the time, and land was divided into long strip lots running back from the riverfront. This land pattern was also used in certain areas of Western Canada by French and 321:
government, the Canadian Pacific Railway Company initially sold the land with minerals to farm settlers, but then gradually came to realise the value of the minerals, and began to retain minerals, only selling the surface to settlers.
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In contrast, areas of British settlement used square block patterns of land distribution. Those in Eastern Canada contoured around geographical features and consisted of smaller lots. In Western Canada, where the American-influenced
283:, which locals felt exploited them. The Government of Canada agreed to provide the Island with an $ 800,000 fund to purchase the remaining absentee landlord's estates as part of negotiations that brought PEI into Confederation. 264:
quarter section, of land. This was at a time of extreme land shortage in many agricultural areas of Europe, and aided in the rapid settlement of Western Canada. In areas where ranching was preferred to field agriculture (e.g.
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At common law, the owner of the land owned both the surface and the sub-surface, namely minerals. The only exception to this was that the Crown held the precious minerals (gold and silver), and any
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is the second-largest country in the world by area; at 9,093,507 km or 3,511,085 mi of land (and more if fresh water is included). It occupies more than 6% of the Earth's surface.
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the 12.4 million households in Canada, more than 8.5 million, over two-thirds (68.4%) owned their home, the highest rate since 1971. Much of the recent increases were in the form of
1119: 933: 821: 66: 1182: 414:, the communal and state ownership typical of Communist countries, or the small-holdings in those parts of Europe and Latin America where the estates were broken up. 868: 196:, or vacant land, and was seized from Aboriginal peoples without compensation. In consequence, all of Canada, save a section of southern Quebec exempted by the 1259: 253:
After Canada acquired the HBC's land in 1870, the federal government used the land as an economic tool to promote settlement and development. Under the
190:, which was not extinguished by the arrival of the Europeans. This is in direct contrast to the situation in Australia where the continent was declared 1074: 445: 367: 873: 1134: 1084: 814: 1290: 923: 88:
The largest class of landowners are the provincial governments, who hold all unclaimed land in their jurisdiction. Over 90% of the sprawling
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where Crown lands are vested in the federal, rather than territorial, government. In addition the federal government owns
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is provincial Crown land. Provincial lands account for 60% of the area of the province of Alberta, 94% of the land in
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The situation changed as settlement progressed westwards. The federal government initially retained all lands in
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at a nominal rate, allowing the development of an industrial-scale beef export industry centred on the city of
260: 240:) were added to the HBC's lands, making it one of the largest private landowners in world history. In 1868 the 171:
was used, geographical features were largely ignored in favour of geometric standardization, with larger lots.
116: 70: 160: 53:(48%); the remaining 11% is privately owned. Most federally administered land is in the Canadian territories ( 878: 406:
Canada may be considered distinct from the few large landed estates and masses of tenant farmers typical of
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bases. In contrast, provinces hold much of their territory as provincial Crown land, which may be held as
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from mining, oil and gas, or forestry (stumpage) within their boundaries. This was a major source of
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The largest single landowner in Canada by far, and by extension one of the world's largest, is the
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At the same time, major land reforms were underway in Prince Edward Island to end the practice of
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all lands are subject to the Crown, and this has been true since Britain acquired much of
112: 78: 74: 719: 45:. About 89% of Canada's land area (8,886,356 km) is Crown land, which may either be 593: 1064: 292: 221: 179: 1310: 1233: 1228: 1223: 669:(Toronto: Thomson Reuters, 5th ed. (looseleaf, current to 2022), para. 29.3, note 8. 516: 192: 101: 508: 411: 269: 216:(HBC) which from 1670 to 1870 had a legal and economic monopoly on all land in the 175: 69:; only 4% of land in the provinces is federally controlled, largely in the form of 427: 345: 38: 212:
The English Crown also gave tenure to much of Canada to a private company, the
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The result, particularly in western Canada, is that the Crown, corporations,
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Mitchell, Simon J. (June 2003). "Who Owns Crown Lands?". Falls Brook Centre.
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that saw most of its land ownership transferred to the Dominion of Canada.
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In the grants to the first two major corporations in the west, the
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by governments, Indigenous groups, corporations, and individuals.
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Economic Development Agency of Canada for the Regions of Quebec
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The majority of all lands in Canada are held by governments as
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Benson, Bowden and Newman, Understanding Property, para. 14.2.
421: 339: 111:. The bulk of the federal government's lands are in the vast 1115:
Financial Transactions and Reports Analysis Centre of Canada
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Federal Economic Development Initiative for Northern Ontario
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Marjorie L. Benson, Marie-Anne Bowden, and Dwight Newman,
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Understanding Property: A Guide to Canada's Property Law
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National Round Table on the Environment and the Economy
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Office of the Superintendent of Financial Institutions
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Security and Prosperity Partnership of North America
718:. Alberta Government. September 2012. Archived from 1283: 1247: 1206: 1143: 1050: 1019: 993: 947: 849: 410:and Latin American countries that have not enacted 259:system of 1872, 25,000,000 acres were given to the 67:Aboriginal Affairs and Northern Development Canada 869:Comparison of Canadian and American economies 815: 8: 648: 646: 644: 1260:Canadian Federation of Independent Business 677: 675: 374:. Unsourced material may be challenged and 822: 808: 800: 767:Alberta Land and Property Rights Tribunal. 713:"Talk about Royalties, Facts on Royalties" 567:State of Canada's Forests 2004–2005, p. 49 1075:Canada Development Investment Corporation 468:Learn how and when to remove this message 394:Learn how and when to remove this message 1135:Western Economic Diversification Canada 1085:Canada Mortgage and Housing Corporation 693: 691: 533: 531: 527: 1183:Federal financing for small businesses 630: 619: 336:Characteristics of modern distribution 1291:Canadian Index of Consumer Confidence 924:Public-private partnerships in Canada 7: 1070:Canada Deposit Insurance Corporation 1060:Atlantic Canada Opportunities Agency 701:, 2004 SCC 49, 3 SCR 3, paras. 4–7. 544:The Canadian Encyclopedia: Geography 450:adding citations to reliable sources 372:adding citations to reliable sources 65:), and is administered on behalf of 1110:Financial Consumer Agency of Canada 594:Minister of Agriculture and Lands; 665:Peter W. Hogg and Wade W. Wright, 546:. Historica Foundation of Canada. 155:land was settled according to the 14: 1296:International rankings of Canada 1037:Social Union Framework Agreement 914:Provinces and territories by GDP 426: 344: 315:Canadian Pacific Railway Company 550:from the original on 2014-10-22 437:needs additional citations for 1255:Canada Development Corporation 874:Economic impact of immigration 268:), large areas were leased to 125:national defence installations 1: 1270:Canadian Payroll Association 1178:Federal Contractors' Program 667:Constitutional Law of Canada 220:territory (identical to the 147:History of land distribution 859:Agreement on Internal Trade 681:Benson, Bowden and Newman, 1345: 1265:Credit Institute of Canada 1080:Canada Infrastructure Bank 198:Royal Proclamation of 1763 30: 1006:List of tariffs in Canada 894:Interprovincial migration 837: 503:Patterns of landholding: 98:Newfoundland and Labrador 1275:Canadian Labour Congress 261:Canadian Pacific Railway 209:against the government. 33:Crown land § Canada 699:Anderson v Amoco Canada 581:March 12, 2009, at the 304:North-Western Territory 234:North-Western Territory 90:boreal forest of Canada 17:Land is owned in Canada 1322:Property law of Canada 1239:Toronto Stock Exchange 1193:National Child Benefit 1032:Minimum wage in Canada 1001:Canadian import duties 975:Science and technology 683:Understanding Property 207:Aboriginal land claims 184:Treaty of Paris (1763) 132:Natural Resources Acts 121:First Nations reserves 1327:Real estate in Canada 1173:Equalization payments 1095:Department of Finance 884:Free trade agreements 757:, RSA 2000, c. S-24. 596:Crown Land Fact Sheet 55:Northwest Territories 446:improve this article 368:improve this section 311:Hudson's Bay Company 281:absentee landlordism 214:Hudson's Bay Company 169:Dominion Land Survey 113:northern territories 109:Government of Canada 1317:Geography of Canada 1158:Canada Savings Bond 1130:Royal Canadian Mint 1027:Canadian labour law 242:Imperial Parliament 182:from France by the 1011:Taxation in Canada 754:Surface Rights Act 603:2011-09-03 at the 256:Dominion Lands Act 157:seigneurial system 141:Western alienation 1304: 1303: 1219:Montreal Exchange 1153:Transfer payments 864:Banking in Canada 831:Economy of Canada 629:Missing or empty 478: 477: 470: 404: 403: 396: 247:Rupert's Land Act 230:Columbia District 228:), and later the 202:Numbered Treaties 41:and are known as 1334: 824: 817: 810: 801: 795: 794: 792: 790: 775: 769: 764: 758: 750: 744: 741: 735: 734: 732: 730: 724: 717: 709: 703: 695: 686: 679: 670: 663: 657: 650: 639: 638: 632: 627: 625: 617: 613: 607: 591: 585: 574: 568: 565: 559: 558: 556: 555: 535: 473: 466: 462: 459: 453: 430: 422: 399: 392: 388: 385: 379: 348: 340: 266:southern Alberta 188:aboriginal title 94:British Columbia 83:Provincial Parks 1344: 1343: 1337: 1336: 1335: 1333: 1332: 1331: 1307: 1306: 1305: 1300: 1279: 1243: 1202: 1198:National Policy 1145: 1139: 1090:CPP Investments 1052: 1046: 1015: 989: 943: 939:Social programs 889:Great Recession 851: 845: 842:Canadian dollar 833: 828: 798: 788: 786: 777: 776: 772: 765: 761: 751: 747: 742: 738: 728: 726: 725:on 9 March 2014 722: 715: 711: 710: 706: 696: 689: 680: 673: 664: 660: 651: 642: 628: 618: 615: 614: 610: 605:Wayback Machine 592: 588: 583:Wayback Machine 575: 571: 566: 562: 553: 551: 538:V.P. NEIMANIS. 537: 536: 529: 525: 495: 474: 463: 457: 454: 443: 431: 420: 400: 389: 383: 380: 365: 349: 338: 289: 149: 85:or wilderness. 79:Canadian Forces 75:Indian reserves 35: 29: 12: 11: 5: 1342: 1341: 1338: 1330: 1329: 1324: 1319: 1309: 1308: 1302: 1301: 1299: 1298: 1293: 1287: 1285: 1281: 1280: 1278: 1277: 1272: 1267: 1262: 1257: 1251: 1249: 1245: 1244: 1242: 1241: 1236: 1234:S&P/TSX 60 1231: 1226: 1221: 1216: 1210: 1208: 1204: 1203: 1201: 1200: 1195: 1190: 1185: 1180: 1175: 1170: 1165: 1163:Carbon pricing 1160: 1155: 1149: 1147: 1141: 1140: 1138: 1137: 1132: 1127: 1122: 1117: 1112: 1107: 1102: 1097: 1092: 1087: 1082: 1077: 1072: 1067: 1065:Bank of Canada 1062: 1056: 1054: 1048: 1047: 1045: 1044: 1039: 1034: 1029: 1023: 1021: 1017: 1016: 1014: 1013: 1008: 1003: 997: 995: 991: 990: 988: 987: 985:Transportation 982: 977: 972: 967: 962: 960:Communications 957: 951: 949: 945: 944: 942: 941: 936: 931: 926: 921: 916: 911: 906: 901: 899:Land ownership 896: 891: 886: 881: 876: 871: 866: 861: 855: 853: 847: 846: 838: 835: 834: 829: 827: 826: 819: 812: 804: 797: 796: 785:. 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Index

Canada
Crown land § Canada
public land
Crown lands
federal
provincial
Northwest Territories
Nunavut
Yukon
Aboriginal Affairs and Northern Development Canada
National Parks
Indian reserves
Canadian Forces
Provincial Parks
boreal forest of Canada
British Columbia
Newfoundland and Labrador
New Brunswick
Government of Canada
northern territories
national parks
First Nations reserves
national defence installations
Natural Resources Acts
royalties
Western alienation
New France
seigneurial system
Métis
Dominion Land Survey

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