Ditidaht First Nation Land Code. February 7, 2019 Vancouver February 27, 2019 Nitinaht Lake March 4, 2019 Port Alberni March 5, Nanaimo

Transcription

1 Ditidaht First Nation Land Code February 7, 2019 Vancouver February 27, 2019 Nitinaht Lake March 4, 2019 Port Alberni March 5, Nanaimo

2 Agenda Welcome Dinner Introduction and Agenda Housekeeping Introduction to the Land Code Special Guest Robert Louie Land Code Process, Benefits and Risks Ditidaht Land Code Highlights Question and Answers Discussion Tables

3 Housekeeping Want to ask a question during the presentation? Raise your hand Write it down on the question sheet and give it to someone from our team to read it out loud and answer on our website Register and get your Meeting Passport for a chance to win a $50 Visa Gift Card! Discussion tables After the presentation, give your feedback at each of the discussion tables for a chance to win the $50 VISA GIFT CARD. For every table you visit, you will receive one chance to win the GIFT CARD. Winner will be announced later in this week after the chances are counted

4 Introduction to the Land Code

5 What is a Land Code? A Land Code is a basic land law that replaces 33 sections of the Indian Act that apply to reserve land management Through the process, the management and decision-making on the reserve lands is brought back under the control of Ditidaht First Nation The community votes to approve the Land Code and Individual Agreement to transfer land management authority back to the Band DITIDAHT WILL MAKE THE DECISIONS ABOUT OUR RESERVE LANDS AND RESOURCES

6 What Land Code is not Land Code is NOT A Treaty A Land Claims settlement Land Code DOES NOT AFFECT: Aboriginal rights and title or territories outside of reserve land Status Personal Taxation Programs and services

7 Why are we doing this? Build our land management capacity on reserve before treaty Meet many of the goals set out in our Ditidaht Community Plan Ensure reserve lands are properly cared for and managed by our own laws Reduce red tape for the Band and members to start new businesses With or without treaty, the Land Code represents an incremental step towards self-governance.

8 Special Guest Robert Louie Chairman of the First Nations Lands Advisory Board

9 Our Land Code Process

10 When did Ditidaht enter the Land Code Process? In April 2017, Ditidaht became a signatory to the Framework Agreement on First Nations Land Management. By signing onto the Framework Agreement, Ditidaht begun the process of developing our own Land Code.

11 What is the process? Where are we at? In December 2018, the draft was presented to Chief and Council to for advice on key issues in the draft. Now we need your feedback!

12 How was the Land Code Developed? The first draft of the Land Code was put together by a group of members who participated on the Land Code Development Committee. Land Code Development Committee Members: Gregory Thomas Shelley Chester Betty Knighton Paul M. Sieber Kelita Sieber Committee Meetings: April 2018 Kick-off Meeting in Port Alberni May June 2018 Committee calls to work on individual sections August 2018 Meeting in Nitinaht October 2018 Land Code legal review

13 Who is involved? Chief and Council to oversee and support the process Ditidaht Land Code engagement team and Coordinator Technical teams Environmental Legal First Nations Land Management Resource Centre (Bonnie Arden) Community members Feedback on the Draft Land Code Family meetings (by request) Polling/Surveying Social media Community meetings Vote!

14 Community Engagement Land Code website visitors 865 and counting New Facebook Page Likes and counting! Mailouts 200+ of letters sent Past Land Code Community Meetings: January 30, 2018 Malachan January 31, Port Alberni February 1, Nanaimo (with Facebook live stream!) March 15, 2018 Malachan June 13, 2018 Malachan Upcoming Land Code Meetings: March 5, 2019 Nanaimo

15 What are the benefits? Our Land Code would replace nearly 1/3 of the Indian Act We will be the only law and decision-makers on our reserves The laws passed under the Code will help protect our cultural and heritage resources on reserve Our Land Code will be a federal law, and the courts will have to enforce it The capacity we build to develop and enforce laws/policy on reserve will help prepare us for land management under treaty Chief and Council will be accountable to members for how they collect and spend money generated from activities on reserve land We will have the authority to make business and administrative decisions (like granting a lease) without the approval of Indian Affairs

16 What are the risks? We will receive annual funding to manage the reserve lands, but any additional funding needed will be up to us Implementing a Land Code takes skill and members will need to be trained We would be taking the responsibility for all future decisions on reserve, good and bad There is no going back to the Indian Act

17 Ditidaht Land Code Highlights

18 Preamble A preamble is a statement that sets the purpose of a document or law. The Committee has worked to put together a preamble that highlights values that are important to Ditidaht. The preamble talks about Ditidaht s reason for adopting our own land management laws on reserve.

19 Part 1: Preliminary Matters There is a description and definition of important terms that will be used in the document Asserts Ditidaht s authority to govern Identifies purpose of the Land Code Describes what land the Land Code applies to (the reserve land description)

20 Part 2: First Nation Legislation Outlines law making powers of Ditidaht with Land Code Identifies the WHO, WHAT, WHERE and WHEN for how new land laws will be created and implemented including: Who is involved in law making, including the role of the membership

21 Part 3: Member Information Sessions and Community Information Requirements Defines how Members will be informed about proposed laws Outlines how Members will be able to provide feedback on proposed laws before they are passed The draft Land Code currently requires that at least one member information session is held prior to major decisions, including all laws that require member approval.

22 Part 4: Member Approval This part talks about the process for passing a law when the law needs approval from members Defines rights of Eligible Voters Procedures for community input and approvals Decisions needing approval of the Ditidaht First Nation Members

23 Part 5: Interests and Licenses in Land Covers the administration and operation of Ditidaht s reserve lands Addresses both existing interests and new land related interests Discusses topics relating to: Interests Leases Licenses Custom Allocation Natural Resources Residency, Access and Trespass

24 Part 6: Protection on Land Ensures that reserve lands and resources are preserved for future generations Outlines protections for environmental and cultural heritage resources Defines prohibited activities on Ditidaht Reserve Lands Key protections and special conditions for expropriating land Outlines the process and requirements to exchange land with another party with member approval.

25 Part 7: Land Administration Discusses the Land Management Advisory Committee including composition, eligibility, and term of office Defines how decisions will be made by the Committee on things like fees, royalties, and employees and contractors hired to help implement the Land Code.

26 Part 8: Accountability Addresses how the Land Code is administered, including rules for a conflict of interest Outlines requirements for financial management, audit and how financial reporting will be conducted Identifies coordination and roles responsible for creating and making Audits and Annual Reports

27 Part 9: Other Matters Addresses other common sections that do not fall into another category such as: Liability insurance that the First Nation should carry for land management Offences and enforcement what happens if someone breaks the Land Code Amendments to the Land Code how changes are made to the Land Code Commencement how and when the land code takes effect

28 Have questions? Want to help us reach out about Land Code?