DIFFERENCES IN COMMUNITY GOVERNMENT STRUCTURES

Body and Charter Communities Hamlets Tlicho Community Cities, Towns and Villages (Designated Authorities Governments Authorities)

WHO Deline, , , Enterprise, Fort Behchoko, Gameti, Wekweeti, , Fort Smith, Hay Colville Lake, , Jean Liard, Fort McPherson, Fort Whati River, , , Marie River, , Providence, , K’atlodechee First Nation, , , Lutsel k’e, , , , Trout Lake, Wrigley LEGAL STATUS Municipal Corporation Municipal corporation Municipal corporation Municipal corporations Where the First Nations established under Charter established under established under the Tlicho established under Cities, Towns (Bands) are primary Communities Act Hamlets Act Community Government Act. and Villages Act authority in community to deliver municipal services

CRITERIA FOR Public request with Public request with Implements obligations under Council request or Minister’s First Nations through STATUS minimum of 25 persons minimum of 25 persons the Tlicho Agreement to create initiative and minimum application of Indian Act. eligible to vote or Minister’s eligible to vote or Minister’s four Tlicho community assessment base. 90 days initiative. 90 days public initiative. 90 days public governments. public notice. 180 days to Self-Government by Act of notice. 180 days notice to notice. 180 days notice to See Establishment of new change municipal status Parliament change municipal status with change municipal status communities below. 60% voter approval required. ESTABLISHMENT By Minister’s Order By Minister’s Order By agreement of the parties and By Minister’s Order First Nations established by following community vote amendment to the Tlicho Order-in- Council (OIC) (60 % approval) on Charter. Community Government Act and Tlicho Agreement Self-government agreements by Act of Parliament LANDS Generally lands within Generally lands within All community lands within the Generally lands within Lands set aside for Indians municipal boundary – except municipal boundary – except municipal boundary. municipal boundary – except OR reserve lands under lands set aside for Indians. lands set aside for Indians. lands set aside for Indians. Indian Act OR lands set Commissioner’s Land Commissioner’s Lands Commissioner’s Lands aside by Act of Parliament available; in unsettled claims available; in unsettled claims available; in unsettled claims under self-government area, after consultation area, after consultation area, after consultation period agreement or land claim. period with affected claimant period with affected claimant with affected claimant group. May advise on disposal of group group. Commissioner’s Lands TAXATION Property taxes paid to Property taxes paid to Property taxes paid to GNWT. Municipal Taxing authorities. Indian Act allows taxation of GNWT Option to become GNWT. Option to become The Community Governments Municipal Mill Rate Bylaw reserve. Municipal Taxing Authority Municipal Taxing Authority the option to exercise rights of passed by all communities. Claimant group may by Ministerial Order – no by Ministerial Order– no property taxation if they so Education mill rates set by negotiate various taxation taxing Charter Communities taxing Hamlets at present. . choose. GNWT, except Yellowknife. authorities. at present.

Municipal and Community Affairs – Community Operation Division – Revised March 2013 1 OF 3

DIFFERENCES IN COMMUNITY GOVERNMENT STRUCTURES

Body and Charter Communities Hamlets Tlicho Community Cities, Towns and Villages First Nations (Designated Authorities Governments Authorities)

FINANCIAL Extended authority to Extended authority to Extended authority to manage Extended authority to manage First Nations, not on a AUTHORITY manage money on year to manage money on year to money on year to year or long- money on year to year or long- reserve - Budgeting, year, or long-term planning year or long-term planning term planning cycle. Extended term planning cycle. Extended banking, charges for cycle. Extended investment cycle. Extended investment investment authority. Extended investment authority. Extended services, short term authority. authority. Extended ability ability to borrow on long-term ability to borrow on long-term borrowing. Long-term Extended ability to borrow to borrow on long-term basis basis- limits set by regulation basis- limits set by regulation borrowing restricted to areas on long term basis– limits set – limits set by regulation. where federal government by regulation. guarantees lending. Reserve – Indian lands unalienable, federal government guarantees loans BYLAW MAKING Full bylaw authorities within Full bylaw authorities within Full bylaw authorities within Full bylaw authorities within Not a reserve - governance AUTHORITY spheres of jurisdiction spheres of jurisdiction spheres of jurisdiction pursuant spheres of jurisdiction pursuant by resolution pursuant to Charter pursuant to Hamlets Act. to Tlicho Community to Cities, Towns and Villages Reserves – bylaw authority Communities Act. Government Act. Act under Indian Act- similar to municipal powers Self government -authorities negotiated by self- government agreement. ELECTIONS AND Set by Establishment Order. Held 2nd Monday in Held 2nd Monday in June. 4 Held 3rd Monday in October. Set by First Nation TERMS OF Head of First Nation and December. Option of 2 or 3 year term. Option of 2 or 3 year terms, Code/Resolution. All First OFFICE specified number of year terms, with staggered with term staggered term Nations in NWT set own councillors may sit on term option, may have 4 year option, may have 4 year term if custom election practices. Council. Term of Office set term if approved by voters. approved by voters. None follow Indian Act in charter from 1 to 2 years. Regulations.

Municipal and Community Affairs – Community Operation Division – Revised March 2013 2 OF 3

DIFFERENCES IN COMMUNITY GOVERNMENT STRUCTURES

Body and Charter Communities Hamlets Tlicho Community Cities, Towns and Villages First Nations (Designated Authorities Governments Authorities)

FINANCIAL Water/sewage services Water/sewage services Water/sewage services funding. Water/sewage services funding. Funded by Federal and RESOURCES funding. funding. Formula funding for other Capital Assistance for water & GNWT Departments to Formula funding for other Formula funding for other services based on population, sewer infrastructure only. deliver specific services and services based on services based on cost of living and infrastructure Grant In Lieu payments from programs. population, cost of living population, cost of living indicators. GNWT/Canada. Property MACA provides funding and infrastructure indicators. and infrastructure indicators. Capital funding. Taxation raises anywhere from resources to provide Capital funding. Capital funding. 30 – 45% of budget needs. municipal services. Water/sewage services funding. Formula funding for other services based on population, cost of living and infrastructure indicators. Capital funding for infrastructure only where there is an Infrastructure Society to hold real property. LEADERSHIP Charter determines Mayor and councillors on Chief and council on separate Candidates cannot run for both Chief and councillors leadership. Generally, the separate ballots, but ballots. Councillor cannot run Mayor and Councillor. selected under Custom Chief of First Nation Band is candidates may run for both for Chief. Guaranteed 50% Election code. appointed to head the Mayor and council minimum Tlicho citizen municipal corporate body. participation. Mix of publicly elected and band councillor appointments.

DELEGATING/ Establish Services, utilities, Establish Services, utilities, Establish Services, utilities, Establish Services, utilities, May enter into agreements AGREEMENTS/ facilities. facilities. facilities. facilities. with 3rd parties for ECONOMIC Boards or Commissions Boards or Commissions Boards or Commissions Boards or Commissions work/training/impact DEVELOPMENT Enter agency agreements. Enter agency agreements. Enter agency agreements. Enter agency agreements. resources. Delegation agreements. Delegation agreements. Delegation agreements. Delegation agreements. Establish municipal Establish municipal Establish municipal businesses Establish municipal businesses businesses & encourage businesses & encourage & encourage economic & encourage economic economic development economic development development development

Municipal and Community Affairs – Community Operation Division – Revised March 2013 3 OF 3