M Chigeeng First Nation December 2014 Vol. 1 REGAINING CONTROL OF OUR LANDS & RE- SOURCES First Nations Land Management Act Period of development of Land Code, September 1, 2014 to 2016 DEVELOPING A LAND CODE M Chigeeng First Nation is in the process of developing a Land Code to replace the land management provisions of the Indian Act. The Land Code is being developed based on the Framework Agreement of the First Nations Land Management Act, which is a government-to-government agreement with Canada that allows First Nations to resume and exercise their own jurisdiction, control and decision making over their lands and resources under their own land codes, free from constraints imposed by the Minister and federal officials. Currently, the Department of Indian Affairs manages land and natural resources on our reserve lands under the Indian Act. THE PROCESS The Framework Agreement provides guidelines First Nations are required to follow to complete the land code process such as outlined below: Step 1 Drafting a Land Code: Identifying the First Nations Land to be managed by MFN. Set out general rules and procedures for the use and occupation of lands. Provides the procedures for making and publishing new First Nation Land Laws. Provides financial accountability for revenues from the land (excluding oil and gas revenues which stay under federal law). Provides a community process to develop rules and procedures for Matrimonial and Real Property Laws and Estate Laws and other Lands related matters. Identifies a dispute resolution process. Allows the delegation of land management responsibilities. INSIDE THIS NEWS- LETTER The Process Con t d 2 Certificates of Possession 2 Benefits of a Land Code 3 Community Involvement 3 Where is M Chigeeng in the process 4 Committee Members and Responsibilities 4 Frequently Asked Questions 5 Indian Act vs Land Code 6 First Nations Involved 7 Matrimonial Real Property 7 M Chigeeng Map 8
THE PROCESS CONTINUED... Step 2 Environmental Assessment: To ensure all MFN Lands are clean of contaminants before transfer If contaminants are found in this first phase of the Environmental Assessment, it is the Minister s responsibility to have the sites cleaned up Step 3 Individual Agreement: An Individual Agreement between M Chigeeng First Nation and the Minister will be negotiated to deal with the following matters: The reserve lands to be managed by MFN, reserve lands which are described in the legal land descriptions to be completed by Natural Resources Canada The specifics of the transfer of the administration from Canada to MFN The developmental and operational funding to be provided by Canada to MFN for land management A land code will be the basic land law of the First Nation and will replace the land management provisions of the Indian Act HOW ARE CERTIFICATES OF POSSESSION (CP S) AFFECTED? Under the First Nations Land Management Act and the M Chigeeng Land Code rights of the CP holder do not change. The crown continues to have underlying title to the land. Step 4 Community Ratification Process MFN members 18 years and older vote to ratify the Land Code and Individual Agreement before MFN can assume control over its lands. The community ratification process has a provision for the role of Verifier to oversee the voting process. The Land Code will determine how new interests and rights in land can be acquired INAC Is not involved. Existing CP s will be subject to Land Code s rules on transfers, leases, and sharing of natural resources. Existing leases or other rights, interests or licenses previously granted by the crown will continue, but Band assumes right and obligations previously held by the Crown. Step 5 Verification An independent person (Verifier) will be selected by MFN and Canada to confirm the Community Ratification Process and Land Code are consistent with the Framework Agreement. The verifier monitors the community ratification process to ensure regulations are followed. Step 6 Transfer of Land Management If MFN does ratify the Land Code and Individual Agreement, management control over FN land and resources is transferred from Indian Act control to MFN. The transfer of management authorities does not alter the title of Reserve lands. It remains registered in the Band s name in the Land Registry nor does it cause or cure land title issues that must be settled via the Land Claims process. 2
COMMUNITY INVOLVEMENT First Nations with direct control over their reserve lands and resources under the Framework Agreement are making decisions at the speed of business, which is essential for economic development. WHAT ARE THE BENEFITS OF A COMMUNITY DEVELOPED LAND CODE? The benefits of a land code to the M Chigeeng First Nation include making timely business and administrative decisions without having to go to the Minister of Indian Affairs for approval. It will enable our Nation to enact and enforce sound environmental management and protection laws. It will also protect our Nation against arbitrary expropriation of our reserve lands. The Framework Agreement will not affect any treaty rights or Aboriginal rights. We will still retain our tax exemption status. The Land Code reflects the First Nation traditions. There is a direct involvement of community members in decision making processes. The Band would have final say in, for example, deciding whether to lease lands to members or nonmembers for development projects or to build it s own projects on lands to generate profit, rather than the Federal Government. Any profits from these types of transactions would go directly to the Band. MFN would also develop it s own Matrimonial Real Property Rules (MRP). At the end of this process, you will be asked to vote to approve or disapprove of the developed Land Code. It is our hope that all community members will be involved and informed of this opportunity. We look forward to hearing your thoughts on this important matter. We are asking for your assistance in providing contact information for offreserve residents, to inform eligible voters. If you have any questions, please call Brenda Ense, CAO or Councillor Linda Debassige at (705) 377-5362 chiefadminofficer@mchigeeng.ca lindad@mchigeeng.ca 3
Land Management under a land code includes: Interests and licenses for land and natural resources Revenue and expenditure Zoning, land use, subdivisions, land development - Environmental Assessment Environmental Protection Transfers, including wills and estates Matrimonial property Dispute resolution Enforcement Administration & accountability, including conflict of interest rules and delegated authority Land Management under a Land Code DOES NOT apply to: 4 Oil and natural gas Atomic energy Migratory birds Endangered species Fisheries Taxation exemptions and powers Any lands except reserve lands WHERE IS MFN IN THIS PROCESS? The M Chigeeng First Nation is currently in the process of hiring a Land Code Project Coordinator. A First Nations Land Management Act Steering Committee has been appointed. Once a Land Code Project Coordinator is hired, drafting of a Land Code can begin. There are ten band members on the Steering Committee as follows: MANDATE The mandate of the Land Code Project Steering Committee is to focus on assisting to carry out the Framework Agreement on the First Nation Land Management Act for technical support in the development of the Land Code. The Land Code Steering Committee members are hereby established to: Earl Debassige Kevin Debassige Melanie Debassige Grant Taibossigai Alan Corbiere Donna Debassige Linda Debassige Terry Debassige Sarah Bayer Pierre Debassige STEERING COMMITTEE RESPONSIBILITES Assist with the development of the land Code; Report to and advise the Audit & Governance Committee, Council and its staff on matters respecting First Nation land; Recommend laws, resolutions, policies and practices respecting First Nation land to the Council as part of the development; Hold regular and special meetings of members to discuss land issues and make recommendations to Council on the resolution of these land issues; Assist in the communication of land issues between members and the Council; and oversee community approvals under this Land Code; Participate in training as required; Participate in community consultation.
FREQUENTLY ASKED QUESTIONS? What is land management? Land management involves the day-to-day administration of reserve lands and resources and the right to legislate in respect to those lands and resources. What is a land code? A land code will be the basic land law of the First Nation and will replace the land management provisions of the Indian Act. What lands are involved? A First Nation will be able to take responsibility for all of its reserve lands. Only reserve lands are included. Lands received under treaty land entitlement, specific claims settlement, etc., could become First Nation land only if they are made reserve lands. Will First Nation land be subject to taxation? No, the current exemption of reserve lands and property situated on-reserve will continue under the relevant provisions of the Indian Act. How does a First Nation take control of its lands? A First Nation signatory to the Framework Agreement may exercise its land management option by creating its own Land Code; entering into a further Individual Transfer Agreement with Canada; drafting a community ratification process and conducting a community vote. What is an Individual Transfer Agreement? An Individual Transfer Agreement between each community and Canada will be negotiated to deal with the reserve lands to be managed by the First Nation; the specifics of the transfer of the administration of land from Canada to the Nation; the funding to be provided by Canada to the First Nation for land management. When is land management authority transferred to the First Nation? Once the members of the First Nation approve the Land Code and the Individual Transfer Agreement, control over First Nation land and resources is transferred from under the Indian Act to the First Nation s land laws and administration or according to their effective date as outlined in the First Nation s Land Code. The Individual Transfer Agreement must be signed by both the First Nation and Canada before a land code can be fully operational. Does the Land Code need community approval? Yes, in order for the First Nation to assume control over its lands, the Land Code and the Individual Transfer Agreement must be ratified by all members of the First Nation who are at least 18 years of age, whether living off-reserve or on-reserve, have a right to vote. 5
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HOW MANY OTHER FIRST NATIONS HAVE GONE THROUGH THIS PROCESS? Initially negotiated between 14 First Nations and the Department of Indian Affairs. Over the 15 years of operation, the signatories to the Framework Agreement have grown from the original group of 14 to a total of 112 First Nation member communities. Of these, 51 have developed and ratified their own land codes to date. MATRIMONIAL REAL PROPERTY (MRP) Provincial laws about MRP do not apply on reserve. There is currently no Federal law that applies in this area. This means there are no rules to determine the rights of spouses with respect to MRP (ie: who gets to live in the home, who gets money if it is sold, etc.) Often women are disadvantaged by this because their name may not be on a CP (Certificate of Possession) or a lease, so even if they have lived in the home for many years, they may not have legal rights to the home if their husband dies or they divorce. MRP rules should protect the rights of spouses and children and protect the First Nation s interest in reserve lands. Under the FNLMA, a First Nation is required to pass its own MRP rules within 12 months of the date the Land Code takes effect. However, M Chigeeng would have to address the question of what to do about on-reserve MRP regardless of whether it signed onto the FNLMA. This is due to the fact that the federal government is expected to soon pass a law dealing with MRP on reserves. This law gives First Nations two choices: pass your own MRP rules or the governments new rules will apply to reserves. Since MFN has not enacted their own MRP rules, effective December 16, 2014, the provisional federal rules will apply. Issues that need to be addressed when developing MRP rules: Band member married to a non-band member, what happens if member spouse dies? Divorce Breakdown in a relationship Children non-band members, fostered, adopted, illegitimate Relationships that the rules will apply to (common-law, couples, same-sex couples) No living will or more than one in existence Access/lack of access to money, resources Lands and changes to CPs Family Violence Sales of Assets Outstanding Mortgages 7
M'CHIGEENG 22 Location Hectares 3094.7 21 KM SW/SO OF/DE LITTLE CURRENT ON MANITOULIN ISLAND ATTENTION: Band members Please provide your current contact information for M Chigeeng First Nation events which require your participation. Please email updated information to Terry Debassige, Interim Lands and Indian Registration Administrator at terrenced@mchigeeng.ca or Winnifred Panamick, General Clerk at winniep@mchigeeng.ca. You may also send your contact information to: M Chigeeng First Nation P.O. Box 333 M Chigeeng, ON P0P 1G0