Growitsis Nation APPENDIX A
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Strathcona REGIONAL DISTRICT STAFF REPORT DATE: November 1, 2017 FILE: 0550-04 Board TO: Chair and Directors, Regional Board FROM: Dave Leitch Chief Administrative Officer RE: TLOWITSIS ADDITION TO RESERVE PROPOSAL PURPOSE/PROBLEM The consider providing a letter of support to the Tlowitsis Nation in support of their Addition to Reserve (ATR) application. EXECUTIVE SUMMARY The Tlowitsis Nation has made an application to Indigenous and Northern Affairs Canada (INAC) to approve what is called an "Addition to Reserve" for property parcels on York Road, Electoral Area D. These parcels are fee simple lands that the Tlowitsis are in the process of purchasing from Timber West with a view to create a community and home for the Tlowitsis people. The subject area is shown on the enclosed map. The federal government has full jurisdiction over the ATR process. The Regional District does not have any right to approve or reject the application however, the views and interests of local government must be considered through the ATR process and the federal government encourages collaboration between First Nations and local government on matters of mutual interest. In June 2016, the Tlowitsis Nation requested that the Strathcona Regional District provide a letter of support for their application (attachment A). The Board considered this request, alongside comments and questions presented by Electoral Area D residents at their regular meeting held June 15, 2016. It was resolved that the Board did not have adequate information at the time to support the proposed ATR. In addition, the Board requested that a comprehensive consultation process be conducted to address issues raised by Electoral Area D residents (SRD 629/16, attachment B). Over the last year, representatives of the Tlowitsis Nation, INAC, Electoral Area D, the City of Campbell River and the Regional District have met through a Community to Community Forum, and subsequently formed an Ad Hoc Committee, to develop a strategy for engagement with Area D residents. The Committee determined that the Tlowitsis and INAC should prepare additional information to respond to the issues raised by Area D residents. This information was developed accordingly and distributed in the form of a package (attachment C) by the Regional District to all property owners in Electoral Area D during the week of August 21st, 2017. Of the 1,845 information packages distributed, as of the end of September 2017, only 5 requests for additional information were received (attachment D). These submissions contained additional comments and questions in relation to: water and sewer provision, traffic management and road safety, site planning, the potential for bylaw harmonization, community benefit and request for further engagement. Staff Report — Tlowitsis Addition to Reserve Proposal Page 2 The Tlowitsis Nation have recently submitted a second letter to the Regional District Board (attachment E). In this letter, the Tlowitsis state that they are committed to continuing a respectful dialogue and supporting communications with residents. The Tlowitsis request that the Regional District draft a communications plan, with input from them to keep Area D residents informed about future development, site and land use plans and that the Board provide a letter of support to the Tlowitsis Nation for the ATR application. Through the process that has unfolded over the last 18 months, the Regional District has worked to facilitate a respective and constructive dialogue in which the views and interests of Electoral Area D residents have been heard and communicated to the Tlowitsis Nation and INAC. In turn, through this process, the Tlowitsis Nation and INAC have had an opportunity to respond to residents with the information they have at this time, and in a manner that they feel is appropriate. This is the extent of the role that the Regional District has in the ATR application process. It is therefore recommended that the Board consider moving forward by providing the attached draft letter of support in principal (attachment F) which acknowledges the commitment of the Tlowitsis First Nation to continued communications with Electoral Area D residents in relation to the proposed development plans and the matters of interest to them. RECOMMENDATIONS 1. THAT the report from the Chief Administrative Officer be received. 2. THAT a communications plan be developed with continued input from the Tlowitsis Nation to keep residents informed about future development, site and land use plans. 3. THAT the attached letter of support be approved in principle, acknowledging the commitment of the Tlowitsis Nation to continue engagement on matters of interest to residents of Electoral Area D. Respe_ctfully: Dave Leitch Chief Administrative Officer Prepared by: V.Smith, Special Projects and Sustainability Manager Attachments: A. Tlowitsis Nation, request for letter of support (Mar 8, 2016) B. SRD 629/16 C. Information package distributed to Area D property owners (Aug 21, 2017) D. Submissions received in response to information package (Sept, 2017) E. Tlowitsis Nation, request for letter of support (Oct 23, 2017) F. Draft letter of support growitsis Nation APPENDIX A March 8, 2016 Chairperson John MacDonald and Directors Strathcona Regional District 301 — 990 Cedar Street Campbell River, BC V9W 7Z8 Dear Sir, RE: Tlowitsis Nation's Purchase of York Rd. Properties (Lot 3 to Lot 8) The Tlowitsis First Nation has reached a deal with TimberWest through its Couverdon subsidiary for the purchase of Lots 3, 4, 5, 6, 7 and 8 of their York Road properties situated on the north side of York Road. This property comprises of approximately 630 acres of contiguous rural lots. The purpose of this deal is to establish a home community for the members of the Tlowitsis First Nation. We are in the process of completing an application for this property to be given reserve status by the Additions to Reserves ("ATR") process through Indigenous Affairs. We have completed all the environmental assessments, property appraisals, land encumbrances and a community Infrastructure Feasibility Study and cost assessments. We also have letters of support from all the surrounding First Nations. We have met with Area Director Leigh regarding this proposed land and community development. We have provided a schematic of potential Land Use Plan, which identifies the small footprint the new community will have on the area within the properties. The Tlowitsis Chief and Council would like to be as transparent in regard to our development as is practical. It is the Tlowitsis intent to maintain a green and sustainable community land development. There will be a high level of land use planning upon completion of the sale and the granting of the land to reserve status by Order-In-Council. We are now in the final stages of completing our Application package that will be sent to the Minister of Indigenous Affairs to obtain the Order-In-Council approval by the Privy Council. We are requesting a formal letter from the Strathcona Regional District which states that there are no grave concerns with regard to this land development and that the Regional District, more importantly that the Board state it would be willing to meet with the Tlowitsis regarding potential services agreements, (fire and public safety etc.). 1345 Bute Crescent Campbell River, BC V914 ICA, Phone 250.923.7815 Fax 250.923.7816 Email [email protected] wvvw.tlowitsis.com Our timeline is to get our completed ATR package to the Minister of Indigenous Affairs before June 15, 2016. First it has to be reviewed by the ATR board at the BC regional office with a recommendation to Regional Director General and then it is forwarded to headquarters in Ottawa. We are hoping to receive the signed Order-In-Council by October 2016. Therefore we would appreciate a response or a letter approved by your Board of Directors regarding this matter at your earliest convenience, so we may include it in our Application package. The Chief and Council would like maintain the lines of communication with the Regional District. Please contact our offices at any time should you have any further questions or concerns with our request. We thank you for your attention to this matter. Sincerely, ief John M. Smith Encl. Schematic LUP .1 vv. • -o b <13 5,7) ,..- o o 5 OCT D 67 in cr Da -0 -a . a a) a F) ueid esn puei lxeluoo esn pue7 seidpu!Jd )g semen Alpnwwoo uo!s!A Alpnwwoo uo!lonpoJlui • • 0 • D I -n (n .__I o ---0. (D CD C -.- ue 0 D- -, --+ u CD 0 3 N O 3 -0 ° t o i --, ;---1/4 , , — cn eA 3 A) CD .,. c 0 t - pu 3 ci) CD < 0 3 s (7) . remot a 1 o_a) :-: CD. 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