growing strong regions through first nation participation

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

Muskoday First Nation

Presentation Overview

Urban Systems Overview

Legislative Framework

Saskatchewan Municipalities

Saskatchewan First Nations

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 Saskatoon Office

Operating in Saskatoon since

2012

Networked and integrated with

other offices

Fully Staffed Office of Urban

Systems Professionals:


Specialists

Community Planners

First Nation expertise

Civil Engineers

Municipal Legislation

Cities Act (2002)

Municipalities Act (2005)

Northern Municipalities Act (2010)

Planning & Development Act (2007)

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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 Cree Nation established the 2nd

Urban Reserve in Prince Albert in 1982

Muskeg Lake First Nation – Saskatoon

1st Commercial Urban Reserve in Canada -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

• Delegated Authority (53-60)

• RLAP

• RLEMP

First Nation Land Management Act (FNLMA)

Self Government

First Nation Land Management

First Nation Members

Lands Department

Lands Advisory

Committee

Chief and Council


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.


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.


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.


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.


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 Birch

Hills Volunteer Fire department.

Just completing a land exchange

with the RM of Birch Hills.


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”


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

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Regional Infrastructure

Regional partnerships

Development

Distribution

Cost-Sharing

Asset Management

Road Construction and Maintenance

Whitecap Dakota First Nation

P3 Partnerships

Best Practices

Yorkton – 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

Core Components

1. Emphasis on community consultation

2. Extensive GIS mapping

3. Rigorous land use planning review

4. Detailed site analysis

5. Economic Development Action Plan

for Priority Projects

6. Land Acquisition Strategy to guide

future purchases

7. Strong Environmental Management

framework


Community Consultation

Land Use Planning &

Policy

Strategic Action Plan &

Business Development

Land Acquisition

Environmental Planning

Policies, Documents &

Mapping

Site Analysis

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!