LAND CODE COMMUNITY MEETING OCTOBER 29, 2018 AGENDA 1. Welcome by - - PowerPoint PPT Presentation
LAND CODE COMMUNITY MEETING OCTOBER 29, 2018 AGENDA 1. Welcome by Chief Svanvik 2. Background 3. Highlights from the Land Code 4. Welcome Special Guest Chief Councilor Rempel Komoks First Nation 5. Dinner 6. Open House (games, more
OCTOBER 29, 2018
– K’omoks First Nation
* We are filming!
These were the handouts that everyone got at the door:
content/uploads/2017/11/0284ONE-v3.pdf
content/uploads/2018/10/284LC-SUM-v6.pdf
content/uploads/2017/09/0283RISK-v5.pdf
– A treaty – A Land Claims Settlement
– Aboriginal rights and title – Territories outside of reserve lands – Status – Taxation – Programs and services delivered by ‘Namgis – Programs delivered by other governments and
NO MORE FEDERAL GOVERNMENT INVOLVEMENT IN RESERVE LAND MANAGEMENT!
OTHER FIRST NATIONS ARE IN THE PROCESS
ATLANTIC OCEAN OCÉAN ATLANTIQUE Gulf of81 OPERATIONAL 58 DEVELOPMENTAL (including ‘Namgis) 61 WAIT LIST
Process (CRP)
Canada (to be decided with the Land Code)
legal team to review and update the Land Code for decision by members!
– September 2017 – Community Luncheon with Chief Gordon Planes – November 2017 – Presentation on Land Code at ‘Namgis Annual General Assembly – May 1– Committee has lunch with the Elders in Alert Bay to talk about the Land Code process
not affect government services or programs.
abolish or diminish the fiduciary responsibility between the Government and ‘Namgis.
any Aboriginal, Indigenous, treaty, inherent or other rights of ‘Namgis or Members now or in the future.
continue to assert our interests and exercise our rights over the territory.
teachings speak of the obligation of the people to care for and respect the land. By bringing this Land Code into force, we further confirm this special responsibility.
make all the laws such as:
– Community standard laws (noise, littering, speeding, unsightly premises, etc.) – Environmental assessment and protection – Construction, installation, maintenance and management of utilities – Business permitting and licensing on reserve
to participate in a meeting of members regarding a proposed law.
needed for passing any proposed law, except where Council has the authority to pass a law, or if the matter must be decided in a Referendum.
PART 4 – CERTIFICATES OF HOME OWNERSHIP, INTEREST, EASEMENTS, LICENSES, AND PERMITS IN ‘NAMGIS FIRST NATION LAND
companies can hold and interest in ‘Namgis Members First Nation Community Lands. Interests include:
– Certificate of Possession – Permits – Leaseholds – Mortgages – Easements
PART 4 – CERTIFICATES OF HOME OWNERSHIP, INTEREST, EASEMENTS, LICENSES, AND PERMITS IN ‘NAMGIS FIRST NATION LAND
Nation Community Lands – TERM UNDER 15 YEARS: Council can grant a Leasehold – TERM BETWEEN 15 YEARS AND 49 YEARS: Granted by approval of members at a Special Member Meeting – TERM OVER 48 YEARS: Granted by approval of members in a Referendum
PART 4 – CERTIFICATES OF HOME OWNERSHIP, INTEREST, EASEMENTS, LICENSES, AND PERMITS IN ‘NAMGIS FIRST NATION LAND
their house in full, or agrees to make payments towards the house, the Council can grant a Certificate of Ownership to that Member.
Home Ownership can grand a Mortgage with the written consent of Council.
Certificate of Possession can only be transferred to another Member or to ‘Namgis.
PART 4 – CERTIFICATES OF HOME OWNERSHIP, INTEREST, EASEMENTS, LICENSES, AND PERMITS IN ‘NAMGIS FIRST NATION LAND
‘Namgis and are subject to the following rules:
– No removal or use of natural resources from ‘Namgis First Nation Lands without written consent of Council – An Interest does not automatically include any right to a Natural Resource – No removal of minerals, stone, sand, gravel clay soil, trees, saplings, shrubs, underbrush, timber, cordwood, hay, water or other types of materials without permission from Council
will create its own custom laws and policies for environmental assessments and cultural heritage resource protection
Nation Land
– Dumping or spilling liquid, gas, polluting materials or materials that are harmful to human and environmental health – Activities that contaminate the land or natural resources on ‘Namgis First Nation Land – Activities that could potential damage or impact any cultural sites or artifacts including modified trees
purposes - Council can only expropriate land if it is necessary for a Community Purpose and if there is no other land available
Land – The size of ‘Namgis First Nation Land can not be reduced, it can only grow
implementation of the Land Code
Committee will be created to provide oversight
– The committee is made up of 5 – 7 members. Reasonable efforts will be made to include at least
appointed by the Hereditary Chiefs, and at least one member of the ‘Namgis staff or a consultant.
Interest –Conflict of Interest Rules applies to Council, members of the Lands Management Advisory Committee and ‘Namgis employees
Management Policies will be used
report
information
possible, land-related disputes will be resolved through informal discussions between the parties in a dispute. If they are unable to resolve their dispute they may go through mediation or arbitration.
will:
– Set the referendum date, identify the ballot questions, and appoint an Electoral Officer and Arbitrator – Create a list of eligible voters with the contact information – Prepare the ballots for in-person, mail-in and online voting – Manage the voting procedures and the procedures after the vote closes.
procedure is developed, the Criminal Code will apply to offences under the Land Code
to the Land Code will require Member Approval
commence unless ‘Namgis Members vote to approve the Land Code and the Individual Agreement
address will receive an information package
– The vote date, locations and time – Information for electronic voting – Mail-in ballot