Quw utsun Tumuhw Cowichan Tribes Land Code Community Approval Process Plan (CAPP)

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1 Quw utsun Tumuhw Cowichan Tribes Land Code Community Approval Process Plan (CAPP) The Cowichan Tribes Land Code Committee is in the process of developing a Quw'utsun Tumuhw - Cowichan Tribes Land Code. What is a Land Code? A Land Code will be the land laws of Cowichan Reserve Lands and will replace the land management provisions of the Indian Act. The Land Code Committee has been working with lands staff and legal counsel to develop a Cowichan Tribes Land Code. Committee members include: Albie Charlie, John Charlie, Ernie Elliott, Larry George Diane Modeste, Chief William Seymour & Rhonda Sullivan. How does it Work? Cowichan Tribes will develop a Land Code to replace the 34+ land management provisions of the Indian Act Cowichan Tribes will enter into an Individual Agreement with Canada that describes the specifics of the transfer of administration between Canada and the Band Cowichan Tribes will then need to ratify the Land Code and Individual Agreement in order to take control of our lands through a community vote The benefits of a land code to Cowichan Tribes include enabling Cowichan to enact and enforce sound environmental management and protection laws. A Land Code will not affect any treaty rights or Aboriginal rights and we will still retain our tax exemption status. Contact: Joe Elliott Land Code Coordinator Joe.Elliott@cowichantribes.com

2 Issues Indian Act Land Code Land Laws Council has the power to introduce land Bylaws and there is no process to ensure that membership have input or consent Under the Quw utsun Tumuhw Land Code, Council is limited to the kind of laws it can pass on its own. Land laws such as law on the expropriation of a members interest has to have community approval. The Quw utsun Tumuhw will need to be ratified by the community Leases Land Use Grant/ Land Interests Accountability Council with the approval from the Ministry can negotiate leases up to 99 years in duration. It takes 6 months to 1 year, or sometimes longer to complete a lease. AANDC can approve land development without the consent of membership. Council may grant land interests or uses to family members, for band on behalf of the community or friends. Under the Indian Act, Council is only accountable to AANDC Once the Land Code is ratified and in operation, any member can put forward a proposed land law to council. The Quw utsun Tumuhw will support a mechanism for a quick response to lease approval process. Will take 1-2 months to complete a lease. With input from the community, the land use plan can be created without AANDC involvement. Approval Process will be considerably reduced once the Quw utsun Tumuhw Land Code is in operation. With a Quw utsun Tumuxw, Council is accountable to the membership Dispute Resolutions Land Management under a Land Code includes: There will be conflict of interest rules to address decision making. The Indian Act provides no provisions There will be a dispute resolution process in place for membership to appeal a decision to address appeals to decision made by Council. of the Council Decisions may be over-turned by the dispute resolution process. Interests and licenses for land and natural resources Revenue and expenditures Zoning, land use, subdivisions, land development Environmental Assessment Environmental Protection Transfers, including wills and estates Matrimonial property Dispute resolution Enforcement; and

3 Benefits of having a Land Code Administration & accountability, including conflict of interest rules and delegated authority The major benefit of a Quw tsun Tumuhw Land Code Law is a step forward of reclaiming our Quw utsun Syuw en, our true history and right to govern our lands. A Land Code will recognize our inherent right to manage our own reserve lands. This process is moving towards to vision of our Elders and leaders, past and present, a vision for our own traditional values to be implemented into our everyday modern practices. Cowichan Tribes will no longer manage its lands and resources according to the Indian Act. Cowichan Tribes will be one step closer to Self-Government More community involvement on land management matters such as Land use. Cowichan Tribes will be able to make timely business and administrative decisions to accelerate economic development. Cowichan Tribes will have our matrimonial real property laws to make sure that property on reserves is fairly divided when marriages end. Rules and procedures will be in place around the use and occupation of Cowichan Tribes lands. The benefits of the Quw utsun Tumuhw will enable Cowichan to enact and enforce sound environmental management and protection laws. It will also protect our Nation against arbitrary expropriation from the Canada and Province of our reserve lands. Certificate of possession issues will be addressed. Opportunities for sustainable economic and community development. Land Code will not Affect Land Management under a Land Code DOES NOT apply to: This agreement is not a treaty and does not affect our treaty rights or other constitutional right and we will retain our tax exemption status. A Land Code will not affect the status of CP lands. Reserve land will remain to be held by Her Majesty and are set apart for the use of and benefit of the Nation. The lands are still protected and federal responsibility under section 91(24) of the Constitutional Act, Reserve lands will remain protected against future surrender for sale. We will still retain our tax exemption status. Oil and natural gas Atomic energy Migratory birds Endangered species Fisheries Taxation exemptions and powers Any lands except reserve lands Wills and Estates The Quw utsun Tumuhw - Land 18(1) reserves to be held for the use and benefit of the members 18(2) expropriation for general welfare of the band

4 Code will replace 34+ provisions land management provisions of the Indian Act. Sections include: 19 minister my authorize surveys and subdivisions 20(1) possession of land on reserve (allotment of land) 20(2) Certificate of Possession 20(3) Location tickets 20(4) temporary possession 20(5) certificate of occupation 20(6) extension to the Certificate of Occupation 21 Register 22 improvements on land at time of they are included to reserve lawful possession 23 compensation for improvements 24 transfer of land 25 ceasing to reside on reserve must dispose of interest 26 correction of CP 27 cancellation of CP fraud or error 28(1) eligibility to hold interest on reserve land 28(2) permits 30 penalty for trespass 31 remedy in federal court for trespass 32 sale or barter of produce and goods 33 penalty for sale or barter without superintendent approval 34 roads and bridges maintained 35 expropriation or easement 37 alienation of reserve land 38(1) sale 38(2) designation set land aside for leasing process for designation regulations to the extent they are inconsistent with Land Code 49 devisee s entitlement 50(4) purchase of land from non-resident of reserve 53 transactions on surrender/designated lands 54 assignments surrender/designated registry 57 govern-in-council my make regulations 58 uncultivated and unused lands 59 adjustment of contracts 60 control over band land 66 expenditure of revenue monies with the consent of the band 69 management of revenue money by the band 71 minister may operate farms on reserve 93 removal of material from reserve First Nation Operating from a Land Code

5 Other First Nations, who have ratified and implemented their Land Code have excelled and provided growth in their economic endeavors, increased capital investments, increased generated revenue and reduced their unemployment s status considerably. One community went from an unemployment rate of 70% to 5%. Quw utsun Tumuhw could do the same for our community. Closing From September, 2015 to March 2016, The Chief, Land Code Committee members, the Land Manager and the Quw utsun Tumuhw Coordinator will communicate with Cowichan Tribes members. Information will be shared through; Community meeting meet with Elders and Cowichan Mustimuhw. I will be available through telephone communication for both on and off reserve members. We will be sharing info through Cowichan Tribes website, Facebook and . If you, your family are interested in an information session please contact Joe Elliott at (lands dept.) or ; Joe.Elliott@cowichantribes.com Huy tseep q u, Joe Elliott Lands Code Coordinator Additional Resource Available at: