Land ownership in Canada
Encyclopedia
Land ownership in Canada is held by governments, Native groups, corporations, and individuals. Canada
is the second largest country in the world; at 9,093,507 km² or 3,511,085 mi² of land (and more if fresh water is included) it occupies more than 6% of the Earth's surface. Since Canada uses primarily British-derived common law
, the holders of the land actually have land tenure
(permission to hold land from the Crown
) rather than absolute ownership.
s. About 89% of Canada's land area (8,886,356 km²) is Crown Land, which may either be federal
(41%) or provincial (48%); the remaining 11% is privately-owned.
Most federal Crown land is in the Canadian territories (Northwest Territories
, Nunavut
and Yukon
), and is administered on behalf of Indian and Northern Affairs Canada
; only 4% of land in the provinces is federally-controlled, largely in the form of National Parks, Indian reserves, or Canadian Forces
bases. In contrast, provinces hold much of their territory as provincial Crown Land, which may be held as Provincial Parks or wilderness.
The largest class of landowners are the provincial governments, who hold all unclaimed land in their jurisdiction in the name of the Crown (Crown Lands). Over 90% of the sprawling boreal forest of Canada
is provincial Crown land. Provincial lands account for 60% of the area of the province of Alberta, 94% of the land in British Columbia
, 95% of Newfoundland and Labrador
, and 48% of New Brunswick
,.
The largest single landowner in Canada by far, and by extension one of the world's largest, is the federal government
. The bulk of the federal government's lands are in the vast northern territories
where Crown Lands are vested in the federal, rather than territorial, government. In addition the federal government owns national parks, First Nations reserves and national defence installations
.
Until the Natural Resources Transfer Acts
of 1930 the prairie provinces of Alberta, Saskatchewan, and Manitoba 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 royalties
from mining, oil and gas, or forestry (stumpage) within their boundaries. This was a major source of Western alienation
at the time.
land was settled according to the seigneurial system
, which was similar to the type of late feudalism practised in France and 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 Metis settlers.
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 Dominion Land Survey
was used, geographical features were ignored in favour of geometric standardization, and lots were much larger.
In Canadian law all lands are subject to the Crown, and this has been true since Britain acquired much of Eastern Canada
from France by the Treaty of Paris (1763)
. However, the British and Canadian authorities recognized that indigenous peoples already on the lands had a prior claim, Aboriginal title
, 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 Terra nullius
, 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 Royal Proclamation of 1763
, 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 Numbered Treaties
of 1871 to 1921. Those Native groups, which never signed treaties or are dissatisfied with the execution of those treaties can lodge Aboriginal land claims against the government.
The Crown also gave tenure to much of Canada to a private company, the Hudson's Bay Company
which from 1670 to 1870 had a legal and economic monopoly on all land in the Rupert's Land
territory (identical to the drainage basin of Hudson Bay
), and later the Columbia District
and the North-Western Territory
(now British Columbia, the Yukon, the Northwest Territories, and Nunavut
) were added to the HBC's lands, making it one of the largest private landowners in world history. In 1868 the Parliament of the United Kingdom of Great Britain and Ireland passed the Rupert's Land Act that saw most of this land owership transferred to the Dominion of Canada.
After Canada acquired the HBC's land in 1870, it used the land as an economic tool to promote development. Under the Dominion Lands Act
system of 1871, huge areas were given to the Canadian Pacific Railway
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 180 acres (72.8 ha) 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. southern Alberta
), large areas were leased to cattle barons at a nominal rate, allowing the development of an industrial-scale beef export industry centred on the city of Calgary
.
At the same time, major land reforms were underway in Prince Edward Island to end the practise of absentee landlordism, 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.
Lands given out in the early years of the Dominion Lands Act included rights to the subsoil, including all minerals, oil, or natural gas found below the property. Later grants (after circa 1900) did not include subsoil rights. As a result, 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.
and Latin American countries that have not enacted land reforms, the communal and state ownership typical of Communist countries, or the small-holdings in those parts of Europe and Latin America were the estates were broken up.
s, 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.
In rural areas, the trend has been towards further farm consolidation. 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.
The other trend in rural Canada is for more urbanites to own summer homes, cottages, cabins, acreages, and hobby farms, taking land out of agricultural use.
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
is the second largest country in the world; at 9,093,507 km² or 3,511,085 mi² of land (and more if fresh water is included) it occupies more than 6% of the Earth's surface. Since Canada uses primarily British-derived common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, the holders of the land actually have land tenure
Land tenure
Land tenure is the name given, particularly in common law systems, to the legal regime in which land is owned by an individual, who is said to "hold" the land . The sovereign monarch, known as The Crown, held land in its own right. All private owners are either its tenants or sub-tenants...
(permission to hold land from the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
) rather than absolute ownership.
Crown Lands
The majority of all lands in Canada are held by governments on behalf of the monarchy and are called Crown LandCrown land
In Commonwealth realms, Crown land is an area belonging to the monarch , the equivalent of an entailed estate that passed with the monarchy and could not be alienated from it....
s. About 89% of Canada's land area (8,886,356 km²) is Crown Land, which may either be federal
Government of Canada
The Government of Canada, formally Her Majesty's Government, is the system whereby the federation of Canada is administered by a common authority; in Canadian English, the term can mean either the collective set of institutions or specifically the Queen-in-Council...
(41%) or provincial (48%); the remaining 11% is privately-owned.
Most federal Crown land is in the Canadian territories (Northwest Territories
Northwest Territories
The Northwest Territories is a federal territory of Canada.Located in northern Canada, the territory borders Canada's two other territories, Yukon to the west and Nunavut to the east, and three provinces: British Columbia to the southwest, and Alberta and Saskatchewan to the south...
, Nunavut
Nunavut
Nunavut is the largest and newest federal territory of Canada; it was separated officially from the Northwest Territories on April 1, 1999, via the Nunavut Act and the Nunavut Land Claims Agreement Act, though the actual boundaries had been established in 1993...
and Yukon
Yukon
Yukon is the westernmost and smallest of Canada's three federal territories. It was named after the Yukon River. The word Yukon means "Great River" in Gwich’in....
), and is administered on behalf of Indian and Northern Affairs Canada
Indian and Northern Affairs Canada
The Department of Aboriginal Affairs and Northern Development is the department of the government of Canada with responsibility for policies relating to Aboriginal peoples...
; only 4% of land in the provinces is federally-controlled, largely in the form of National Parks, Indian reserves, or Canadian Forces
Canadian Forces
The Canadian Forces , officially the Canadian Armed Forces , are the unified armed forces of Canada, as constituted by the National Defence Act, which states: "The Canadian Forces are the armed forces of Her Majesty raised by Canada and consist of one Service called the Canadian Armed Forces."...
bases. In contrast, provinces hold much of their territory as provincial Crown Land, which may be held as Provincial Parks or wilderness.
The largest class of landowners are the provincial governments, who hold all unclaimed land in their jurisdiction in the name of the Crown (Crown Lands). Over 90% of the sprawling boreal forest of Canada
Boreal forest of Canada
Canada's boreal forest comprises about one third of the circumpolar boreal forest that rings the northern hemisphere, mostly north of the 50th parallel. Other countries with boreal forest include Russia, which contains the majority, and the Scandinavian and Nordic countries . The boreal region in...
is provincial Crown land. Provincial lands account for 60% of the area of the province of Alberta, 94% of the land in British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
, 95% of Newfoundland and Labrador
Newfoundland and Labrador
Newfoundland and Labrador is the easternmost province of Canada. Situated in the country's Atlantic region, it incorporates the island of Newfoundland and mainland Labrador with a combined area of . As of April 2011, the province's estimated population is 508,400...
, and 48% of New Brunswick
New Brunswick
New Brunswick is one of Canada's three Maritime provinces and is the only province in the federation that is constitutionally bilingual . The provincial capital is Fredericton and Saint John is the most populous city. Greater Moncton is the largest Census Metropolitan Area...
,.
The largest single landowner in Canada by far, and by extension one of the world's largest, is the federal government
Government of Canada
The Government of Canada, formally Her Majesty's Government, is the system whereby the federation of Canada is administered by a common authority; in Canadian English, the term can mean either the collective set of institutions or specifically the Queen-in-Council...
. The bulk of the federal government's lands are in the vast northern territories
Northern Canada
Northern Canada, colloquially the North, is the vast northernmost region of Canada variously defined by geography and politics. Politically, the term refers to the three territories of Canada: Yukon, Northwest Territories, and Nunavut...
where Crown Lands are vested in the federal, rather than territorial, government. In addition the federal government owns national parks, First Nations reserves and national defence installations
Canadian Forces base
A Canadian Forces Base or CFB is a military installation of the Canadian Forces. For a facility to qualify as a Canadian Forces Base, it must station one or more major units .Minor installations are named Canadian Forces Station or CFS A Canadian Forces Base or CFB (French Base des forces...
.
Until the Natural Resources Transfer Acts
Natural Resources Transfer Acts
The Natural Resources Transfer Acts were passed by the Parliament of Canada in 1930 in order to give the Prairie provinces jurisdiction over their crown lands and natural resources, a right they were not given when they entered Confederation...
of 1930 the prairie provinces of Alberta, Saskatchewan, and Manitoba 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 royalties
Royalties
Royalties are usage-based payments made by one party to another for the right to ongoing use of an asset, sometimes an intellectual property...
from mining, oil and gas, or forestry (stumpage) within their boundaries. This was a major source of Western alienation
Western Alienation
In Canadian politics, Western alienation is a concept that the Western provinces - British Columbia , Alberta, Saskatchewan and Manitoba - have been alienated, and in extreme cases excluded, from mainstream Canadian political affairs in favour of the provinces of Ontario and Quebec...
at the time.
History of land distribution
In New FranceNew France
New France was the area colonized by France in North America during a period beginning with the exploration of the Saint Lawrence River by Jacques Cartier in 1534 and ending with the cession of New France to Spain and Great Britain in 1763...
land was settled according to the seigneurial system
Seigneurial system of New France
The seigneurial system of New France was the semi-feudal system of land distribution used in the North American colonies of New France.-Introduction to New France:...
, which was similar to the type of late feudalism practised in France and 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 Metis settlers.
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 Dominion Land Survey
Dominion Land Survey
The Dominion Land Survey is the method used to divide most of Western Canada into one-square-mile sections for agricultural and other purposes. It is based on the layout of the Public Land Survey System used in the United States, but has several differences...
was used, geographical features were ignored in favour of geometric standardization, and lots were much larger.
In Canadian law all lands are subject to the Crown, and this has been true since Britain acquired much of Eastern Canada
Eastern Canada
Eastern Canada is generally considered to be the region of Canada east of Manitoba, consisting of the following provinces:* New Brunswick* Newfoundland and Labrador* Nova Scotia* Ontario* Prince Edward Island* Quebec...
from France by the Treaty of Paris (1763)
Treaty of Paris (1763)
The Treaty of Paris, often called the Peace of Paris, or the Treaty of 1763, was signed on 10 February 1763, by the kingdoms of Great Britain, France and Spain, with Portugal in agreement. It ended the French and Indian War/Seven Years' War...
. However, the British and Canadian authorities recognized that indigenous peoples already on the lands had a prior claim, Aboriginal title
Aboriginal title
Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism...
, 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 Terra nullius
Terra nullius
Terra nullius is a Latin expression deriving from Roman law meaning "land belonging to no one" , which is used in international law to describe territory which has never been subject to the sovereignty of any state, or over which any prior sovereign has expressly or implicitly relinquished...
, 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 Royal Proclamation of 1763
Royal Proclamation of 1763
The Royal Proclamation of 1763 was issued October 7, 1763, by King George III following Great Britain's acquisition of French territory in North America after the end of the French and Indian War/Seven Years' War...
, 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 Numbered Treaties
Numbered Treaties
The numbered treaties are a series of eleven treaties signed between the aboriginal peoples in Canada and the reigning Monarch of Canada from 1871 to 1921. It was the Government of Canada who created the policy, commissioned the Treaty Commissioners and ratified the agreements...
of 1871 to 1921. Those Native groups, which never signed treaties or are dissatisfied with the execution of those treaties can lodge Aboriginal land claims against the government.
The Crown also gave tenure to much of Canada to a private company, the Hudson's Bay Company
Hudson's Bay Company
The Hudson's Bay Company , abbreviated HBC, or "The Bay" is the oldest commercial corporation in North America and one of the oldest in the world. A fur trading business for much of its existence, today Hudson's Bay Company owns and operates retail stores throughout Canada...
which from 1670 to 1870 had a legal and economic monopoly on all land in the Rupert's Land
Rupert's Land
Rupert's Land, or Prince Rupert's Land, was a territory in British North America, consisting of the Hudson Bay drainage basin that was nominally owned by the Hudson's Bay Company for 200 years from 1670 to 1870, although numerous aboriginal groups lived in the same territory and disputed the...
territory (identical to the drainage basin of Hudson Bay
Hudson Bay
Hudson Bay , sometimes called Hudson's Bay, is a large body of saltwater in northeastern Canada. It drains a very large area, about , that includes parts of Ontario, Quebec, Saskatchewan, Alberta, most of Manitoba, southeastern Nunavut, as well as parts of North Dakota, South Dakota, Minnesota,...
), and later the Columbia District
Columbia District
The Columbia District was a fur trading district in the Pacific Northwest region of British North America in the 19th century. It was explored by the North West Company between 1793 and 1811, and established as an operating fur district around 1810...
and the North-Western Territory
North-Western Territory
The North-Western Territory was a region of British North America until 1870. Named for where it lay in relation to Rupert's Land, the territory at its greatest extent covered what is now Yukon, mainland Northwest Territories, northwestern mainland Nunavut, northwestern Saskatchewan, northern...
(now British Columbia, the Yukon, the Northwest Territories, and Nunavut
Nunavut
Nunavut is the largest and newest federal territory of Canada; it was separated officially from the Northwest Territories on April 1, 1999, via the Nunavut Act and the Nunavut Land Claims Agreement Act, though the actual boundaries had been established in 1993...
) were added to the HBC's lands, making it one of the largest private landowners in world history. In 1868 the Parliament of the United Kingdom of Great Britain and Ireland passed the Rupert's Land Act that saw most of this land owership transferred to the Dominion of Canada.
After Canada acquired the HBC's land in 1870, it used the land as an economic tool to promote development. Under the Dominion Lands Act
Dominion Lands Act
The Dominion Lands Act was an 1872 Canadian law that aimed to encourage the settlement of Canada's Prairie provinces. It was closely based on the United States Homestead Act, setting conditions in which the western lands could be settled and their natural resources developed...
system of 1871, huge areas were given to the Canadian Pacific Railway
Canadian Pacific Railway
The Canadian Pacific Railway , formerly also known as CP Rail between 1968 and 1996, is a historic Canadian Class I railway founded in 1881 and now operated by Canadian Pacific Railway Limited, which began operations as legal owner in a corporate restructuring in 2001...
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 180 acres (72.8 ha) 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. southern Alberta
Southern Alberta
Southern Alberta is a region located in the Canadian province of Alberta. As of the year 2004, the region's population was approximately 272,017. The primary cities are Lethbridge and Medicine Hat...
), large areas were leased to cattle barons at a nominal rate, allowing the development of an industrial-scale beef export industry centred on the city of Calgary
Calgary
Calgary is a city in the Province of Alberta, Canada. It is located in the south of the province, in an area of foothills and prairie, approximately east of the front ranges of the Canadian Rockies...
.
At the same time, major land reforms were underway in Prince Edward Island to end the practise of absentee landlordism, 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.
Lands given out in the early years of the Dominion Lands Act included rights to the subsoil, including all minerals, oil, or natural gas found below the property. Later grants (after circa 1900) did not include subsoil rights. As a result, 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.
Characteristics of modern distribution
The result of cheaply distributed land and land reforms has been that modern Canada's land holding pattern is very egalitarian and large-scale. The majority of the population owns some land, often in large quantities. This is distinct from the few large landed estates and masses of tenant farmers typical of Old WorldOld World
The Old World consists of those parts of the world known to classical antiquity and the European Middle Ages. It is used in the context of, and contrast with, the "New World" ....
and Latin American countries that have not enacted land reforms, the communal and state ownership typical of Communist countries, or the small-holdings in those parts of Europe and Latin America were the estates were broken up.
Recent trends
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 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 condominiumCondominium
A condominium, or condo, is the form of housing tenure and other real property where a specified part of a piece of real estate is individually owned while use of and access to common facilities in the piece such as hallways, heating system, elevators, exterior areas is executed under legal rights...
s, 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.
In rural areas, the trend has been towards further farm consolidation. 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.
The other trend in rural Canada is for more urbanites to own summer homes, cottages, cabins, acreages, and hobby farms, taking land out of agricultural use.
See also
- Land tenureLand tenureLand tenure is the name given, particularly in common law systems, to the legal regime in which land is owned by an individual, who is said to "hold" the land . The sovereign monarch, known as The Crown, held land in its own right. All private owners are either its tenants or sub-tenants...
- Landholder
- Patterns of landholding: FeudalismFeudalismFeudalism was a set of legal and military customs in medieval Europe that flourished between the 9th and 15th centuries, which, broadly defined, was a system for ordering society around relationships derived from the holding of land in exchange for service or labour.Although derived from the...
/ SmallholdingSmallholdingA smallholding is a farm of small size.In third world countries, smallholdings are usually farms supporting a single family with a mixture of cash crops and subsistence farming. As a country becomes more affluent and farming practices become more efficient, smallholdings may persist as a legacy of...
/ CommuneCommune (intentional community)A commune is an intentional community of people living together, sharing common interests, property, possessions, resources, and, in some communes, work and income. In addition to the communal economy, consensus decision-making, non-hierarchical structures and ecological living have become...
/ SharecroppingSharecroppingSharecropping is a system of agriculture in which a landowner allows a tenant to use the land in return for a share of the crop produced on the land . This should not be confused with a crop fixed rent contract, in which a landowner allows a tenant to use the land in return for a fixed amount of...