Real Estate Development on First Nation Lands 2025
November 26 & 27, 2025 at 9:00AM PST
Downtown Vancouver and Live Webinar
Real Estate Development on First Nation Lands 2025
November 26 & 27, 2025
Overview
Developing real estate on First Nation lands presents unique challenges and opportunities. This comprehensive forum assembles expert faculty, from a variety of perspectives, with extensive experience dealing with real estate development on First Nation lands. They will review the various legal processes, offer insights on negotiations, and highlight the practical considerations and key elements of successful projects.
Key Areas Addressed:
How to navigate the different land regimes and the laws and jurisdictions that can impact development
How to structure and draft headleases and sub-leases
Financing the project on First Nation lands
How to structure development deals and manage relationships
How to build relationships between First Nations and municipalities and prepare successful servicing agreements
Two panels to provide an in-depth examination of the upcoming changes to The First Nations Land Governance Registry, including the framework and legislative regime and technical issues
"Buckshee Leases" - What is enforceable in unregistered leases?
This Forum is Designed For:
First Nations leaders and officials
First Nations development companies
Municipal officials, managers, planners and lawyers
Federal and provincial officials involved in the development of reserve lands
Real estate developers and resource companies
Lawyers and in-house resource company counsel
Professionals in the utilities, banking, and real estate development industries
Consultation and treaty negotiators
Lawyers, accountants and other advisors acting for First Nations and/or developers
Agenda
Day One - November 26 , 2025
9:00 - Welcome and Introduction by PBLI
9:05 - Chairs’ Welcome and Introduction
Andrea East
Pushor Mitchell LLP
Cody Hall
Hall & Larocque LLP
9:15 - Overview of Different Types of First Nations Lands and Jurisdictions
Cody Hall
Hall & Larocque LLP
Indian Act land regime
Land codes
Self-government
Modern treaty lands
Fee simple lands pursuant to Reconciliation Agreements
10:15 - Questions and Discussion
10:30 - Refreshment Adjournment
10:45 - Headleases and Subleases
Andrea East
Pushor Mitchell LLP
Sayre Potter
Pushor Mitchell LLP
Common headlease structures
o ISC’s current leases
o Other lease structures
o Review of some of the structures for headleases in older projects
Subleases
o Provisions for a strata-style subleases with common costs for common property
o Other sublease structures
CMHC Considerations
Stand-alone leases
11:50 - Questions and Discussion
12:00 - Networking Lunch
1:00 - Financing the Project on First Nation Lands
Booker Cornea
First Nations Bank of Canada, Regina, Saskatchewan
The process of putting the financing in place
Securing the loan
Servicing the debt
How to leverage revenue sources
Guarantees required?
Assignment of trust
Other sources of funding
1:50 - Questions and Discussion
2:00 - Refreshment Adjournment
2:15 - Structuring the Deal and the Relationship
Jared Knott
MLT Aikins LLP
Options and considerations for key issues, including:
o Parties and roles – including partnership models
o Development agreements
o Head leases, sub-leases and associated tenures
o Financing
o Servicing and infrastructure
3:05 - Questions and Discussion
3:15 - First Nation and Municipal Relationships
Alana DeGrave
Woodward & Company LLP
Candace Charlie
Woodward & Company LLP
Legal obligations
Reconciliation and relationship building
Servicing agreements
Land use planning, zoning and bylaws
Property tax sharing agreements
4:15 - Questions and Discussion
4:25 - Chairs’ Closing Remarks
4:30 - Forum Concludes for Day One
Day Two - November 27, 2025
9:00 - Welcome and Reflections on Day One
Andrea East
Pushor Mitchell LLP
Cody Hall
Hall & Larocque LLP
The New Land Code Registry
9:10 - The Framework and the Legislative Regime - The First Nations Land Governance Registry
Andrew Beynon
First Nations Land Governance Registry
Angie Derrickson
First Nations Land Governance Registry
Registry for land code and self-governing First Nations
Design and development
Demonstration of the platform
Stakeholder feedback
10:20 - Questions and Discussion
10:30 - Refreshment Adjournment
10:45 - The Technical Issues - The First Nations Land Governance Registry
Andrew Beynon
First Nations Land Governance Registry
Angie Derrickson
First Nations Land Governance Registry
Interest based Registry
How will communal lands be registered?
What will a title report look like?
Timing of registration – Pending /Final
11:45 - Questions and Discussion
12:00 - Networking Lunch
1:00 - “Buckshee Leases” – What is Enforceable in Unregistered Leases?
Chrystie Stewart
Alexander Stewart, Kamloops
Contractual Rights
Enforceable interest
Is there a right to compensation with the consent of the Landlord?
Recent case law
1:50 - Questions and Discussion
2:05 - Refreshment Adjournment
2:20 - Real Estate Valuation on First Nations Lands
Clifford Smirl
Kent Macpherson Appraisals
3:10 - Questions and Discussion
3:25 - Chairs’ Closing Remarks for Day Two
3:30 - Forum Concludes
Meet the Co-Chairs
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Partner, Pushor Mitchell LLP
As a business lawyer, Andrea loves the challenge of guiding her clients through complex commercial transactions and real estate projects, and she strives for excellence with every task. Andrea has previously acted as in-house counsel at a private corporation and a public body, experiences that provide insight into her clients’ perspectives. She frequently helps First Nations and the organizations that do business with them to navigate the regulatory systems governing their economic and real estate development projects.
Andrea believes that clarity is the key to good legal service. She focuses on clear drafting in each contract she develops, and has extensive experience in drafting commercial contracts for unique transactions. She helps each client to fully grasp the processes and legal issues they face by giving clear, practical advice and making complex projects and developments more understandable.
After earning her Bachelor of Laws degree from the University of British Columbia (during which time she received the Prize in Conflicts Law for academic achievement in private international law), Andrea worked as a Judicial Law Clerk for the British Columbia Supreme Court, and became a lawyer in 2004. She belongs to the Kelowna Bar Association.
Andrea attended high school in Kelowna and returned here after university. Showing her commitment to the community – from buying local whenever possible to supporting local business owners, artists and producers – is very important to her. Andrea is a member of the Kelowna Chamber of Commerce, the Greater Westside Board of Trade (where she proudly served a term as a director), and the Urban Development Institute.
Both in and outside her working life, Andrea strives for a job well done. She works hard to give the best of herself to her clients, her volunteerism, and the family she adores: her husband and daughters. She enjoys spending time at the lake and exploring the beautiful Okanagan with her family.
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Founding Partner, Hall & Larocque LLP
Cody is one of the Founding Partners of Hall & Larocque. His practice ranges from providing legal advice related to corporate and commercial matters, commercial real estate, and settlement agreements, including corporate structuring, asset, share, and land transactions and other matters tied to the economic development of First Nations. Cody advises on the structure and re-designing of First Nations’ corporate entities such as partnerships, corporations, societies and trusts. He negotiates on behalf of First Nations with private companies, Municipal, Provincial and Federal Governments, and drafts and advises on agreements from the negotiation stage to the final agreement. His real estate practice encompasses all aspects of land transactions: acquisitions, financing, development approvals, sales, leasing and additions to reserve. Cody also works very closely with First Nations on governance issues, including drafting and advising on First Nation constitutions, laws, policies, regulations and codes.
After graduating from UBC Law, Cody worked as a business lawyer at a top aboriginal law firm in Canada. Cody is a member of the Tzeachten First Nation and grew up within the Tzeachten community.
Meet the Faculty
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Director, Land Code Governance, First Nations Land Governance Registry
Andrew Beynon has over thirty-five years experience working on First Nation lands and self-government. Andrew has worked on land development, environmental protection, environmental assessments, additions to reserve and treaty land entitlement, economic development, specific claims, federal-provincial agreements, optional self-government legislation, taxation, infrastructure projects, reform of federal funding agreements, work with First Nations drafting laws and many other areas.
Andrew was Canada’s lead lawyer on the Nisga’a treaty and has considerable experience with negotiations as well as drafting and has appeared on numerous occasions before Parliamentary Committees. Andrew is one of the authors of “Modern First Nations Legislation Annotated”, a legal publication which includes a chapter dealing with the Framework Agreement and the federal legislation which ratifies the Framework Agreement.
Andrew is married with two “kids” in post secondary studies. Andrew has no time for his wide range of hobbies and interests which range from eternal home renovations to collecting vintage JBL studio monitors originally used by Led Zeppelin and the Rolling Stones, to studying the history of the Nixon administration, as well as to international soccer and playing golf rarely, but always badly.
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Lawyer, Woodward & Company LLP
As one of Woodward and Company’s lawyers, Candace’s work focuses on Aboriginal rights and title, environmental assessments, and lands and resource governance. Her greatest motivation is to help change Indigenous peoples’ experiences in and with the colonial legal system, including recent work on the Quw’utsun Nation’s Legal Victory for Recognition of Title at Tl’uqtinus Village Lands and Aboriginal Right to Fish.
Candace is a Cowichan Tribes member from the Kwa’mutsun (Quamichan) village. She was born and raised in Quw’utsun territory, on Cowichan Indian Reserve #1. After graduating high school, she attended the UBC Faculty of Music as a pianist and vocal major, later returning to Kwantlen Polytechnic University where she pursued an undergraduate degree in Sustainability Policy Studies. She attended the University of Saskatchewan’s Program of Legal Studies for Native People in 2017. She completed her law degree at the University of Victoria in December 2021, where she received multiple academic awards including Cowichan Tribes Academic Achievement Award (2014); Arthur Rhodes Scholarship for Outstanding Graduate of the Program of Legal Studies for Native People (2017); University of Victoria Faculty of Law Access Bursary (2018); Blakes Scholar Award (2019); Honourable Mention, First Peoples Law Indigenous Law Student Scholarship Award (2020); and Blakes Scholar Award (2020).
Prior to serving as one of the firm’s lawyers, Candace worked for Cowichan Tribes’ Lulumexun Lands & Governance Department from 2015-2021, where she worked as Referrals/Crown Consultation Coordinator, Land Code Coordinator, and Matrimonial Real Property Law Coordinator. Having previously articled at the firm as a student, Candace returned to join Woodward and Company as a lawyer in early 2023 after she became a member of the B.C. Bar.
Throughout the course of her work, Candace seeks to create space in the legal sphere for Indigenous peoples to govern themselves, their territories, and their relations with all living beings according to their own sacred directives, as unencumbered by colonial interests as is possible.
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Managing Partner, Woodward & Company LLP
As a lawyer at Woodward and Company, Alana’s solicitor work spans lands, reserve, and treaty implementation issues. Within this, her practice focuses on reconciling the systemic injustices that often affect First Nations, particularly when it comes to their rights to their traditional lands.
Originally from Winnipeg, Alana took an undergrad in psychology back in her home city. Her educational background in both psychological and sociological studies motivated her to pursue justice and truth from an early stage- and would eventually lead her to study law at the University of Victoria.
Now with more than a decade of experience with Woodward and Company, Alana has contributed to a number of significant cases, including the groundbreaking Tsilhqot’in Aboriginal Title case. Her results-oriented work ethic combined with her trustworthiness- both as legal counsel and a colleague- provide a strong basis for her characteristically high quality work.
Both reliable and a careful listener, Alana’s work is deeply motivated by the will to empower First Nations to make their own decisions. Through her extensive legal experience and commitment to relationship building, her work seeks to bridge the gap between the government, Indigenous peoples, and communities that they are a part of.
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Registrar, First Nations Land Governance Registry
Angie Derrickson is a proud member of Westbank First Nation, located in the Syilx Okanagan territory in southern British Columbia.
After graduating in 1992, she started her career at Westbank First Nation working in Administration, Intergovernmental Affairs and then Senior Lands Officer from 2000 to 2010. In 2013, Angie joined the First Nations Land Management Resource Centre and supports strategic approaches for training, mentorship, and professional development for Land Governance across Canada.
Driven by her dedication to her community, Angie has actively participated in various governance initiatives and the implementation of the WFN Self‐Government Agreement. In 2022, she was elected to WFN Council and contributes to strategic priorities under WFN’s unique land base, cultural values, and governance structure.
Angie has also achieved her Professional Lands Management Certification at the University of Saskatchewan, Associate Certificate in Training and Facilitation from the Justice Institute of British Columbia and a Professional Certificate in Management & Leadership from Royal Roads University.
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Partner, Kent-Macpherson, Kelowna, BC
After completing his Undergraduate degree (History) and Masters of Business Administration degree, Mr. Smirl completed post graduate certificates in Real Property Valuation and agriculture studies (wine business management and sustainable urban agriculture). As a designated appraiser specializing in on-reserve real estate valuation and consulting assignments throughout the province, Mr. Smirl has an extensive background in completing complex appraisal assignments on and off reserve lands.
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Associate Vice President – Market and Shareholder Engagement, First Nations Bank of Canada, Regina, Saskatchewan
Booker is a proud Citizen of the Saskatchewan Métis Nation and currently resides with his family on Treaty 4 Territory in Regina, Saskatchewan. He brings over 20 years of experience partnering with Indigenous communities and businesses. He has been instrumental in launching FNBC’s $100M Infrastructure Lending Program with the Canada Infrastructure Bank, and the $100M Business Acquisition Financing Program with the Business Development Bank of Canada, both designed to increase access to capital for Indigenous communities across the country.
Booker is passionate about empowering Nation Builders and advancing Indigenous economic growth. As he puts it: “We do the financial part of Nation Building.”
Connect with me on Linked In: https://www.linkedin.com/in/booker-cornea.
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Associate, MLT Aikins LLP
Jared is Cree-Métis and is a member of the Kelly Lake Cree Nation. His personal experiences and heritage allow Jared to deeply understand his client’s needs and provide compassionate service.
Jared advises First Nations and Métis communities on a wide range of commercial and environmental matters; major project environmental assessments and negotiations; First Nations governance; and general business matters.
Prior to completing law school, Jared studied anthropology at the University of British Columbia, where his studies were focused on Indigenous culture and issues. This, together with his own lived experiences, inspired him to go into law in order make a positive difference in his and other Indigenous communities.
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Alexander Stewart Lawyers, Kamloops
Chrystie has a multi-disciplinary practice that includes real estate, wills and estates and civil litigation. Both now and before becoming a lawyer, Chrystie has worked extensively with Indigenous people and Indigenous governments in all parts of British Columbia as well as some in Alberta and the Yukon.
Chrystie is described as a community lawyer wherein she is viewed to be a member of your team, not the director of your team. She thinks of lawyers as risk managers and risk advisors, wherein the ultimate decision rests with the client who is likely to incorporate advice from other professionals.
As more and more of Chrystie’s files result in negotiated settlements, her practice is evolving into more and more mediations. As a result, Chrystie founded the Indigenous Mediation and Negotiation Centre (www.imnc.ca).
In addition to practicing law, Chrystie is a sessional instructor at TRU’s Faculty of Law for Dispute Resolution II. She is the Indigenous Law Student liaison as well as coach for the Kawaskimhon National Moot.
Chrystie is also the current president of Western Canada Theatre.
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Associate, Pushor Mitchell LLP
Sayre is an associate with Pushor Mitchell LLP and joined the firm as an articled student in January 2022. He has an interest in the areas of First Nations and Indigenous law, real estate development, corporate and commercial law, estate planning and administration, and civil litigation.
Sayre was born and raised in Penticton. After obtaining his Bachelor of Arts in French and German from the University of Victoria in 2017, he moved to Montréal where he worked as a Bilingual Customer Service and Sales Agent for Air Canada. He attended law school at McGill University and obtained his Juris Doctor and Bachelor of Civil Law degrees in December 2021.
Sayre is a proud citizen of Métis Nation British Columbia. He is a descendant of the Red River Settlement, although his family’s roots trace most recently to the Métis communities of the Qu’Appelle Valley in Saskatchewan. Throughout his time in law school, Sayre was involved with McGill University’s Indigenous Law Association/Association de droit autochtone. His prior work experience has focused heavily on Indigenous-related matters, including prior experience in self-government agreement negotiations, Aboriginal and Treaty Rights, Indigenous legal traditions, among others.
Outside of the office, Sayre enjoys skiing, spending time with family and friends, and exploring new places at home and abroad. He has a lifelong passion for travel and languages. He has travelled to 17 different countries and has lived in France on two separate occasions. Sayre is fluent in English and French and is hopeful to be fluent in many more languages during his lifetime.
Registration Form
Program:
Real Estate Development on First Nation Lands 2025
Date:
November 26 and 27, 2025
Location:
UBC Robson Square (800 Robson Street - Classroom level), Vancouver, BC
Registration:
The registration fee is $1,465.00 plus GST of $73.25 totaling $1,538.25 for webinar and in-person attendance. Registration fee covers your attendance at the program and electronic materials. In-person attendance includes a catered lunch and refreshments throughout the day.
Early Bird Discount:
Register by October 27, 2025 and receive a $200 discount on the registration fee ($1,265.00 plus GST). Discounts cannot be combined.
Group Discount:
Register four persons from the same organization at the same time and you are entitled to a complimentary fifth registration. Discounts cannot be combined.
If you would like to register a group, please fill out this form and email it to registrations@pbli.com:
Payment:
You may pay by VISA, Mastercard or cheque. Cheques should be made payable to the Pacific Business & Law Institute and mailed to Unit 2-2246 Spruce Street, Vancouver, BC V6H 2P3. Please do not send cheques via courier with signature required.
When and Where:
Check-in begins at 8:30 a.m. The program starts at 9:00 a.m. (PST). UBC Robson Square is located at 800 Robson Street in Vancouver, BC, and our event will take place on the classroom level. Please visit https://robsonsquare.ubc.ca/find-us/ for directions.
Materials:
The faculty will prepare papers and/or other materials explaining many of the points raised during this program. Materials will be distributed electronically. Please contact us at registrations@pbli.com if you are unable to attend the program and wish to purchase a set of materials.
Cancellations/Transfers:
Refunds will be given for cancellations (less a $60.00 administration fee) if notice is received in writing five full business days prior to the program (November 19, 2025). After that time we are unable to refund registration fees. Substitutions will be permitted. We reserve the right to cancel, change or revise the date, faculty, content, availability of webinar or venue and transfer in-person registration to webinar registration for this event.
To register by phone:
Telephone us: 604-730-2500
Your Privacy:
We will keep all information that you provide to us in strict confidence, other than to prepare a delegate list containing your name, title, firm and city for our faculty and the program delegates. We do not share our mailing lists with any non-affiliated organization.
Course Accreditation:
Course Accreditation: Attendance at this course can be listed for up to 11 hours of continuing professional development credits with the Law Societies of BC and Ontario. For practitioners in other jurisdictions, please check your governing body’s CPD requirements.
If you would like to register a group, please fill out this form (DOWNLOAD FORM) and email it to registrations@pbli.com; for individual registration, please continue with form below.