First Nation Land Management Land Code Development. Metlakatla First Nation Community Engagement Session

Transcription

1 First Nation Land Management Land Code Development Metlakatla First Nation Community Engagement Session 1

2 PART ONE: What is the purpose of Land Code Development The purpose of the Land Code is to enable the Metlakatla First Nation to develop rules and procedures to ensure the best possible use, management, and occupation of Metlakatla Reserve Lands for Metlakatla citizens and Metlakatla First Nation. 2

3 Who Controls Metlakatla Land Management Now? Currently, the Federal Government has the ultimate authority for managing Metlakatla Reserve Lands pursuant to the provisions of the Indian Act. 3

4 What would the Land Code do? The Land Code would empower the Metlakatla First Nation to control and manage Metlakatla Reserve Lands. This includes empowering the Metlakatla First Nation to make laws regarding land use and management, conservation and protection of Metlakatla Reserve Lands. The Land Code would also ensure that land revenues from Metlakatla Reserve Lands are managed by the Metlakatla First Nation for the benefit of citizens. 4

5 A Land Code will: Identify the reserve lands to be managed by Metlakatla Establish the procedures for making and publishing land laws Set out the general rules and procedures for the use and occupation of Metlakatla Reserve Lands by citizens and others Provide financial accountability for revenues from the lands Establish a conflict of interest rules Provide a community process to develop rules and procedures applicable to land on the breakdown of a marriage Identify a dispute resolution process Set out procedures to grant, renew and revoke interests in land to citizens, groups, and third parties set out procedures by which additional or alternative reserve lands can be acquired for community purposes Allow the delegation of land management responsibilities to a Land Advisory Committee Set out procedures for amending the Land Code 5

6 Who will oversee the Land Code? If the Land Code is approved, control over Metlakatla Reserve Lands and resources will be transferred from the Minister of Indian Affairs under the Indian Act to the Metlakatla First Nation. Metlakatla Governing Council will have ultimate authority and responsibility for the management of Metlakatla Reserve Lands. Chief and Council will appoint a Lands Management Advisory Committee, which will make recommendations to Council regarding the management of Metlakatla Reserve Lands and will have authority for the administration of the Land Code. The Lands Management Advisory Committee will consist of eligible Metlakatla citizens appointed by Metlakatla Governing Council. 6

7 What is the Metlakatla Land Code? The Metlakatla Land Code is a process to develop a land law, to be known as the Metlakatla Land Code. The Metlakatla Land Code will: Be the basic land law of Metlakatla First Nation ; Replace the land management provisions of the Indian Act; Transfer control of Metlakatla Reserve Lands from the federal government to Metlakatla First Nation ; and Be drafted and ratified by the citizens of Metlakatla First Nation. 7

8 Why Enact a Land Code? Metlakatla First Nation s unique culture, identity, traditions, language and institutions are rooted in our special relationship to our lands and resources. Metlakatla is committed to protecting and controlling our lands, which are of the utmost importance to our culture and our future. Metlakatla citizens are the most qualified and concerned with the protection, preservation and management of our lands. The Federal Government currently controls Metlakatla Reserve Lands under the provisions of the Indian Act. Metlakatla must be the only peoples who are able to make decisions and laws about how our lands are protected, what they are used for, and how we ensure that future generations will also get the benefit of the land that we and our ancestors have enjoyed. 8

9 Where does the Authority come from to do this? Metlakatla Land Code is part of a First Nations-led initiative known as the Framework Agreement on First Nations Land Management. The Framework Agreement is a Government-to-Government agreement, which established a process by which First Nations can assume control over their reserve lands and resources. The Federal Government ratified the Framework Agreement in 1999 by enacting the First Nation Land Management Act. Metlakatla joined the Framework Agreement on March 25, 2013 with the federal government, allowing Metlakatla to develop its own Land Code. The Land Code is the result of this legislative process. 9

10 Framework Agreement on First Nation Land Management First Nation Framework Agreement on First Nation Land Management Federal Government Land Code Part 1 Preliminary Matters Part 2 First Nation Legislation Part 3 Community Approvals Part 4 Protection of Lands Part 5 Accountability Part 6 Land Administration Part 7 Interests in Land Part 8 Dispute Resolution Part 9 Other Matters Individual Agreement Annex A - Funding Annex B Revenue Monies Annex C Interest & Licences Annex D Env.Issues, ESA-1 Annex E List of Other Info Annex F Interim Env. Process Annex G Description of Lands Community Ratification Process 1. Registered 2. Non-registered 3. Other process agreed upon First Nations Land Management Act BILL C-49 9

11 PART TWO: First Nation Land Management Act 11

12 Framework Agreement on First Nations Land Management TIMELINE Draft Principles Framework Agreement on First Nation Land Management Framework Agreement on First Nation Land Management Federal Ratification Process First Nations Land Management Act Expansion 14 First Nations 54 Land Codes Ratified 112 First Nations Signatory Developed by Chiefs from 14 First Nations and Minister of DIA Signed by 14 Chiefs and Minister of DIA Parliament of Canada Ratified First Nation Land Management Act Announced by the 14 LAB Chiefs and Minister of DIA 28 FN developmental between July /90 s February, 1996 June, 1999 March July

13 The original 14 First Nations Signatories British Columbia Westbank Musqueam Lheidli T enneh N Quatqua Squamish Alberta Siksika Saskatchewan Muskoday Cowessess Manitoba Opaskwayak Cree Nation Ontario Nipissing Mississaugas of Scugog Island Chippewas of Mnjikaning Chippewas of Georgina Island New Brunswick Saint Mary s 13

14 54 First Nations have Ratified their Land Codes and are Managing their Reserve Lands and Resources British Columbia 1. Lheidli T enneh 2. Westbank (a) 3. McLeod Lake 4. Beecher Bay 5. Tsawwassen (b) 6. Ts kw aylaxw 7. Sliammon (b) 8. Kitselas 9. Shxwha:y Village 10. T Sou-ke 11. Squiala 12. Tsleil-Waututh 13. Sumas 14. Songhees 15. Snaw-Naw-As (Nanoose) 16. Matsqui 17. Tzeachten 18. Leq a:mel 19. Seabird Island 20. We Wai Kai 21. Skawahlook 22. Tsawout 23. Campbell River 24. Musqueam* 25. Stz uminus 26. Skowkale 27. Aitchelitz 28. Yakweakwioose 29. St.Mary s 30. Williams Lake 31. Haisla 32. Shuswap 33. Shxwowhamel 34. Malahat Saskatchewan 1. Muskeg Lake 2. Muskoday 3. Whitecap Dakota 4. Kinistin 5. Kahkewistahaw 6. Flying Dust 7. One Arrow* Manitoba 1. Opaskwayak Cree Nation 2. Chemawawin 3. Swan Lake 4. Brokenhead Ojibway Nation* Ontario 1. Mississaugas of Scugog Island 2. Chippewas of Georgina Island 3. Henvey Inlet 4. Mississauga First Nation 5. Nipissing 6. Whitefish Lake 7. Anishnaabeg of Naongashiing 8. Dokis* 9. Bingwi Neyaashi Anishinaabek * * Ratified land code but awaiting effective date (a) Now implementing full self-government (b) Now implementing treaty 14

15 Principles of the Framework Agreement Inclusion of on and off reserve First Nations members Once a Land Code is ratified by the community, the 32 land management provisions of the Indian Act (approx. 25%) no longer apply First Nation lands continue to be lands reserved for Indians within the meaning of section 91(24) of the Constitution Act, 1867 (not fee simple lands) Law making power over lands and resources Legal status and capacity clearly defined Restricted expropriation of reserve lands by government Protection of treaty rights or aboriginal rights 15

16 Principles of the Framework Agreement (cont.) Canada continues to be liable for previous acts and omissions (e.g. environmental issues/ lands issues) A third party interest on reserve is protected until that interest has expired (e.g. valid leases continue) An individual band member s interest is protected on reserve (e.g. valid CP and other legal interests continue) Local dispute resolution mechanisms are to be developed to the satisfaction of the First Nation community Matrimonial Real Property provisions are to be developed by the community Conflict of Interest provisions are mandatory, ensuring fair land practices 16

17 Framework Agreement Land Code Law-making powers Law-making processes Community consultation Land Protection Administration & Accountability Land Interests Dispute Resolution Individual Agreement Sets out specifics of the transfer of federal authority from the Federal Government to the First Nation Defines the boundaries of reserve land area to which the land code will apply Sets out the First Nation funding levels that accompany the transfer Identifies outstanding land issues Community Ratification Process Membership Votes 17

18 Roles in the Developmental Process Lands Advisory Board Elected political body comprised of 10 Board Members + the Chairman 3 regions in Canada (BC, Prairies, East) Supports First Nations in accordance with the Framework Agreement FNLM Resource Centre Technical Body established by the Lands Advisory Board Day-to-day operations including support for LAB activities, financial administration, and technical advice Support to developmental and operational communities Verifier Independent person recommended by LAB and jointly appointed by the FN and Canada to monitor and confirm that the Community Ratification Process (CRP) and Land Code (LC) are consistent with the Framework Agreement 18

19 Other Roles Natural Resources Canada (NRCan) Research and compilation of info for the Land Description Report (*which includes the creation of the boundary description, the accompanying administrative sketches, Land Management Transfer plans, research documentation and the analysis of the documentation) Aboriginal Affairs and Northern Development Canada (AANDC ) Is primarily responsible for the negotiation and completion of the Individual Agreement and the various appendices Assists First Nations cooperatively on completing Environmental Site Assessment work The finalization of the land description with NRCan 19

20 PART THREE: Individual Agreement 20

21 Overview of Individual Agreement An Individual Agreement between Metlakatla First Nation and the Minister will be negotiated to deal with such matters as: Individual Agreement Between Metlakatla and AANDC Annex A Funding Annex B Revenue Monies Annex C Interest & Licences Annex D Environmental Issues, ESA-Phase 1 Annex E List of Other Info Annex F Interim Env. Process Annex G Description of Lands More information will be provided 21

22 PART FOUR: Land Code Development 22

23 Drafting of the Metlakatla Land Code The draft for discussion only has been compiled based on: the support from current and past leadership the review of other operational Land Codes Metlakatla s unique culture, identity, traditions and language Next Step: Review the draft with community for valuable input and understanding 23

24 Overview of Land Code Metlakatla Land Code Preamble Part 1 Preliminary Matters Part 2 Legislation Part 3 Community Consultation & Approvals Part 4 Protection of Lands Part 5 Accountability Part 6 Land Administration Part 7 Limits on Interests and Licenses Part 8 Dispute Resolution Part 9 Other Matters 24

25 Preamble This is where Metlakatla provides short history of their relationship with their lands and to express the interest to move forward under Land Code. 25

26 Part 1 Preliminary Matters This section introduces the Land Code to the reader and defines how the document should be read, There is a description of the terms that will be used in the document, an explanation of where the authority to govern comes from, what the purpose of the Land Code is, and what lands the Land Code applies to (the reserve land description). 26

27 Part 2 Legislation This section outlines what law making powers Metlakatla will have out of the Land Code, and the procedure for how new land laws will be created and implemented (including where they will be published and when they take effect) under the Land Code. 27

28 Part 3 Community Consultation & Approvals This section defines rights of Eligible Voters, Introduces the Lands Management Advisory Committee and the procedures for community input and approval at a meeting of members, Process to implement Metlakatla law, and the ratification process and procedures including approval thresholds for passing laws or other matters such as: i.e. development of a heritage site, amendment to the Land Code, or any other matter. 28

29 Part 4 Protection of Lands This section outlines some of the key protections the Land Code offers and the special conditions by which Metlakatla development or amendment can be made to the land use plan to get rid of a heritage site created under Metlakatla law, and Process to be met for Metlakatla to exchange land with another party (i.e. Metlakatla, Province, and Federal Government) and to the conditions to receive lands (such as the need for an appointed negotiator, freedom of receiving additional compensation or land in trust, and federal commitment to add any lands to the existing reserve base). 29

30 Part 5 Accountability This section deals with how the Land Code is administered by Metlakatla including the rules for a conflict of interest and the duty to report and abstain from participation in land matters where there is a conflict, Requirements for financial management, audit and how financial reporting will be conducted establishing separate lands bank accounts, signing officers, bonding, signing authorities, and the adoption of the fiscal year for operations and reporting, and Provides specific rules for a year to year lands budget, financial policy, including the member s right to access information and the coordination and roles responsible for creating and making Audits and Annual Reports public. 30

31 Part 6 Land Administration This section establishes the Lands Management Advisory Committee by defining the composition, eligibility requirements, selection method, term of office and dealing with vacancies, Defines how revenue monies from lands will be handled (from fees, leases etc.), and The process for obtaining approvals for registration of land interests (leases, permits, licences) and how it is captured through First Nations Land Registry System (FNLRS) and a duplicate register if directed. 31

32 Part 7 Limits on Interests and Licenses This section relates more to the operation of the First Nation s lands administration and how it will address existing interests (e.g. CPs) and new land related interests (e.g. CPs or allocations). This section defines that there will need to be written documents, standards created, and that consent will be necessary to process any granting or disposing of assignments of land. This section defines the rights of CP holders and the procedure for cancelling a CP, the transfer and use of a CP, and the situation when a CP holder ceases to be a member. This section also defines the limits on mortgages and seizures, access, transfers upon death, and the principles for spousal property law (to be made into a Matrimonial Real Property law) 32

33 Part 8 Dispute Resolution This section is created to address how possible disputes that could arise by any benefactor (e.g. Metlakatla member) of the Land Code and how the process for addressing disputes will be conducted. For example, an adjudicator would be established to resolve disputes in relation to lands unless members could come to some resolve by way of an informal resolution of disputes. The section sets out the powers for the adjudicator, adjudication procedures and decisions and the member s ability to appeal these decisions and expectations around costs. 33

34 Part 9 Other Matters This section defines four (or more) items to address common issues such as: 1. Liability the need for director and officers insurance for Lands Committee members, 2. Offences and Enforcement what are offences and what is the penalty, 3. Amendments to Land Code specifically the process for amending this Land Code, 4. Commencement defines when the actual start date will be. 34

35 Annex This section is unique to Metlakatla and provides a clear interpretation of basic principals to be used when explaining the Metlakatla Land Code. 35

36 SUMMARY - Metlakatla Land Code Drafted and approved by the community, will be the basic land law of Metlakatla First Nation and will replace the land management provisions of the Indian Act. The Minister of Indian Affairs and Northern Development will no longer be involved in the management and decision making of Metlakatla s reserve lands. The Land Code does not have to be approved by the Minister or AANDC Thank you for your time and valuable feedback 36

37 If you require further information please contact: First Nations Land Management Resource Centre Inc. Patti Wight Developmental & Operational Support Technician: Northern BC