FIRST NATIONS NATIONAL LAND GOVERNANCE & ECONOMIC DEVELOPMENT

CONFERENCE: Laws, Bylaws, and Policies.

October 12, 2016TCU Place, Saskatoon

INTRODUCTION

• What is the source of authority for enacting laws, bylaws and policies?

• Why are laws, bylaws and policies necessary?• The focus of the presentation will be on

governance

SOURCE OF AUTHORITY• Inherent Rights

– Just do it: custom elections and land use policies (How does the community or 3rd parties view these laws or policies?)

– Canada’s Inherent Rights Policy• Self-government

• Statutory Authority– Indian Act

o s.81 bylaw: general governance/administration of reserveo s.83 bylaw: money bylaws (requires Ministerial approval)o s.85.1 bylaw: intoxicantso Custom Election Act

– First Nations Land Management Act (FNLMA) replaces land related provisions of the Indian Acto Land laws and environmental lawso Culmination of other Federal Land initiativeso optional

SOURCE OF AUTHORITY– First Nations Election Act & Regulations

o optional– First Nations Fiscal Management Act (FNFMA) formerly the First

Nations Fiscal and Statistical Management Act – an alternative to the Indian Act for taxationo Local revenue laws taxation, business activity taxes (requires

approval of the Tax Commission)o optional

– First Nations Commercial and Industrial Development Act (FNCIDA)o permits the establishment of a land registry or land titles

register in each Province – including for transitions of registries from the Indian Act and FNLMA

o A First Nation can request Canada to make regulations to regulate commercial and industrial activities on specified reserve lands (i.e. environmental laws)

o Optional

SOURCE OF AUTHORITY– First Nations GST Act

o Permits taxation of goods purchased on reserve and allows for collection of provincial tax (i.e. Liquor Consumption Tax)

o “status blind”o Optional

– First Nations Oil and Gas Money Management Act (FNOGMMA)o Creates an option of assuming management and control over oil

and gas resources on reserve and the separate option of assuming responsibility for the management of moneys derived from serve lands

o Optional

NOTE: Fiduciary Relationship is modified or altered

WHY ARE LAWS, BYLAWS, AND POLICIES NECESSARY?

• To provide a foundation to assist in economic development on First Nation Lands• Harvard Project: Cornell and Kalt• 2 approaches to economic development

o Jobs and income approach – not as successful (reactive)o Nation building approach – more successful (proactive)

“Lets build an environment that encourages investors to invest, that helps businesses last and that allows investment to flourish and pay off” Nation Building approach requires stable Institutions and Policies Cultural Match (match between institutions and ideas within the

community about how authority should be organized and exercised)• Real self governance a two-edged sword:

• Bear more responsibility over its affairs;• Bear more responsibility for what happens in its affairs.

WHY ARE LAWS, BYLAWS, AND POLICIES NECESSARY?

• Proper Internal Governance & Stability:– accountability to members/citizens – reflect the unique history, culture and objectives of your community – Effective dispute resolution– Sets out clear relationships between elected leaders and business leaders of

the community– requires self-discipline

• External comfort– Financial Institutions– Business Partners

• Formal laws and informal (but established) practices create a RELATIONSHIP – Internally– Externally

QUESTIONS ???

THANK YOU!