Growing Strong Regions through First Nation Participation

Daniel Gray, MCIP, RPP Tonii Lerat, B.A. R.U.P Dean Bear, Director of Lands and TLE Presentation Overview

. Urban Systems Overview . Legislative Framework . Municipalities . Saskatchewan . Regional Infrastructure . Best Practices . MCSA . Regional Planning & Partnerships . Examples . EDLP Pilot Project . Questions & Comments Who is Urban Systems?

. Founded in 1975 . 400+ employees and growing . Inter-disciplinary professional practice . Specializing in: . Community Planning . Economic Development . Civil Engineering . Landscape Architecture . Environmental Science . Our higher calling: “Spirit in Service for Vibrant Communities” Who We Work With…

. We focus on building long-term client relationships . We work with First Nation Communities . We also work with: . Municipalities . Rural Municipalities & Counties . Provincial & Federal Governments . Private Business . Land Developers . Close collaboration with our clients is the key to our success . Our goal is to provide great service for great clients! Our Office

. Operating in Saskatoon since 2012 . Networked and integrated with other offices . Fully Staffed Office of Urban Systems Professionals: . Economic Development Specialists . Community Planners . First Nation expertise . Civil Engineers Municipal Legislation

. Cities Act (2002) . Municipalities Act (2005) . Northern Municipalities Act (2010) . Planning & Development Act (2007)

6 First Nations in Saskatchewan

. 6 Treaty areas within SK's border . 74 FN communities . 10% of SK population . Median age: 20 yrs . 34% < 15yrs of age . Policy Potential: . Community Development Plan . Comprehensive Community Plan . Land Use Plan . Zoning Bylaw Land Claims & Urban Reserves

. Specific Claims . Treaty Land Entitlements (TLE’s) . 33 FNs have signed agreements since 1992 . 1st Urban Reserve established in Kylemore, SK in 1981 by Fishing Lake First Nation . Peter Ballantyne Nation established the 2nd Urban Reserve in Prince Albert in 1982 . Muskeg Lake First Nation – Saskatoon . 1st Commercial Urban Reserve in -1988 . Employs 350+ people and hosts 37 businesses . Urban Reserves Today: . More than 50 across Saskatchewan . More than 120 across Canada First Nations Lands Policy

Indian Act Regulations First Nation Land • Delegated Authority (53-60) Self Government • RLAP Management Act (FNLMA) • RLEMP First Nation Land Management

First Nation Members

Chief and Council

Lands Lands Advisory Department Committee First Nation Land Management

Differences between a Land Code and land management under the Indian Act.

The Framework Agreement provides the First Nation with all the powers of an owner in relation to its First Nation Land, except for control over title or the power to sell it. The First Nation’s Council can manage land and resources, as well as revenues from the land and resources, in accordance with its Land Code. First Nation Land Management

. A First Nation managing its lands under a Land Code will have the power to make laws in respect of the development, conservation, protection, management, use and possession of First Nation land. The Land Code does not authorize laws relating to the taxation of real or personal property. Such laws must be made separately pursuant to section 83 of the Indian Act. The First Nation’s Council can continue to make by-laws under section 81 of the Indian Act. First Nation Land Management

. Under the Framework Agreement there can be no expropriation of First Nation land by a provincial or municipal government or agency. However, the First Nation can do a voluntary exchange of land with a neighbouring municipality, providing that the land is of equal or greater area and/or value. First Nation Land Management

. The First Nation will have full power to enforce its land and environmental laws and may enter into further agreements with other jurisdictions to assist in such enforcement. A First Nation can appoint its own Justice of the Peace to try offences created under a Land Code or a First Nation law, and can appoint its own prosecutor. First Nation laws may make provision for search and seizure, fines, imprisonment, restitution, community service or alternate means for achieving compliance with its laws. First Nation Land Management

. Muskoday First Nation was the third reserve in Canada and first in Saskatchewan to adopt a Land Code (Jan. 1, 2000) . The reasoning behind doing this was a missed economic opportunity. . The Indian Act had a detrimental effect. Since 2000

. Over 500 different agricultural leases and permits. . Commercial leases for billboards with Prince Albert area businesses. . Ability to write and enforce our own land laws. . Adopted a land use plan which directs present and future planning, which will be updated to reflect additional lands purchased through Treaty Land Entitlement. Relationships with other municipalities

. Agreement with Prince Albert Rural Water utility for piped water to over 200 homes and community buildings. . Mutual Aid Agreement with the Volunteer Fire department. . Just completing a land exchange with the RM of Birch Hills. Relationships with other municipalities

. In 2013, Muskoday along with the Town of Birch Hills and City of Prince Albert hosted the Saskatchewan First Nation Summer Games. Over 4000 athletes participated in the games which were called “the best games ever” Relationships with other municipalities

In 2008, Muskoday signed a Treaty Land Entitlement agreement with Canada and Saskatchewan. MFN has purchased 6180 acres in 4 different RM’s and to date, all of our dealings with local administrators have been nothing but good. Compatible Land Use

. In 2013, Muskoday added two new parcels of reserve land (Muskoday FN #99A and #99B) in the RM of Paddockwood. . Although these lands are agricultural, plans are being made to include them in the revamped Land Use Plan with zoning compatible to the North Central Lakeland Planning District. Compatible Land Use

. Muskoday will ensure that all new reserve lands will have compatible zoning laws equivalent to local RM’s in Corman Park, Leroy and the RM of Prince Albert. Best Practices

. Municipal Service Agreement . Over 1300 MCSA across Canada. Up from only 142 in 2009. . Federation of Canadian Municipalities has tool kit online Planning Districts

. Voluntary . Goal: enhance & improve regional cooperation and development . District Planning Authority . Can be an approving authority if a PCP is retained Regional Planning Authorities

. Amendment to Planning & Development Act . Came into effect May 15, 2013 . Goal: Protect Provincial & Public Economic Interests

24 Regional Infrastructure

. Regional partnerships . Development . Distribution . Cost-Sharing . Asset Management . Road Construction and Maintenance . Whitecap Dakota First Nation . P3 Partnerships Best Practices

. – Official Community Plan . Saskatoon –Urban Aboriginal Leadership Program . Regina - MOU’s Signed with Several First Nations . Loon Lake – Shared infrastructure with Makwa Sahgaiehcan First Nation Project Example

Ec. Dev. Land Planning – An Overview Community Consultation

Land Use Core Components Site Analysis Planning & Policy 1. Emphasis on community consultation 2. Extensive GIS mapping Economic 3. Rigorous land use planning review Development Strategic Action Policies, Plan & Documents & Business Mapping 4. Detailed site analysis Development 5. Economic Development Action Plan for Priority Projects

Environmental Land 6. Land Acquisition Strategy to guide Planning Acquisition future purchases 7. Strong Environmental Management framework Final Message ….

. There is no need to reinvent the wheel, there are great examples in our province and country! . Whether you work in Public or Private Planning there are great opportunities to build relationship with your First Nation communities. Thank You!

Megwich! Philámayaye!