Nisgaa Individual Landholding Project Directorate of Lands and - PDF document

Nisga’a Individual Landholding Project Directorate of Lands and Resources Nisga’a Lisims Government June 2009 Good Evening: Our job this evening is to explain the Nisga’a Individual Landholding Project, and particularly the proposed Nisga’a Landholding Transition Act. We will do my best, and I hope that when we am finished you will have a good understanding of the intent of the landholding project, and how the proposed new Nisga’a legislation might work for you. 1

Project History � 2006 � WSN Economic Roundtable � 2007 � Discussion Papers � Community Discussions � 2008 � Report to Special Assembly � 2009 � Draft Legislation � Community Discussions We should begin with an overview of the history of the project. As you can see, it has been going on for some time. You may have had some involvement in the discussions about it before now. Here is a summary of the project so far: 2

WSN Economic Roundtable (2006) � Nisga’a prosperity � Nisga’a self ‐ reliance This project really began in 2006 when WSN held an Economic Roundtable to look for ways to support the prosperity and self-reliance of Nisga’a citizens. Their discussions led them to the current system of Nisga’a Village Entitlements and Nisga’a Nation Entitlements, and the difficulties that people have because they can’t use their homes as security for a mortgage. As a result of WSN’s discussions, the Registrar of Land Titles was requested to put together a discussion paper related to the challenges that had been observed in the Nisga’a Land Title Office that were related to the way in which Nisga’a citizens held their residential properties. 3

Discussion Paper (2007) � Hard to mortgage � Too complex � Village Government owns all land � Hard to lease or rent an Entitlement That paper set out the way that the current Nisga’a landholding system worked for individual residents, what it’s objectives had been, and how well it met those objectives. The issues that were raised in the paper were all related to: •Giving lending institutions the security they need in order to be willing to enter into mortgages on Nisga’a Lands, •Allowing Nisga’a citizens to benefit from the equity in their homes, and •Supporting Nisga’a entrepreneurs in developing a strong local economy. Specific problems that were highlighted had to do with •inability to enter into a mortgage •complexity of the system •Village Governments role as land owner •problems with leasing or renting a property with an entitlement The discussion paper made no recommendations. It simply emphasized that WSN had the jurisdiction to change its legislation in whatever way that would best suit its citizens. The Nisga’a Nation is unique in its ability to make its own decisions about its land and resources. 4

Community Discussions (2007) • Ownership? • Mortgages? • Risk? • Help with complexity? • Renting and leasing? The discussion paper eventually brought about the community discussions that were held in 2007. We came to each Village and each Urban local. We asked you questions: •What forms of ownership make sense to you? •How should mortgages be handled? •How much risk is worth taking to increase economic opportunity? •How can we best support people to deal with complex legislative processes? •What should the rules be about renting and leasing? 5

Community Discussions 2007 And we presented a series of options for consideration. You may remember the posters that we left behind, even if you didn’t attend the discussions. The options ranged from the status quo (Nisga’a Village Entitlements and Nisga’a Nation Entitlements) to full unrestricted fee simple ownership, in which anyone could own residential land. In each community we had a discussion about the balance between protection of the land base and the ability to use the land for economic development purposes. The discussions were far-ranging and interesting, and provided a wealth of information. 6

Report to Executive on Community Discussions (2007) � Support for unrestricted ownership of land � Concern about loss of land So we reported back to the Executive. That report consisted of a record of every issue raised at every meeting, a paper prepared by Marcus Bartley on the legislative issues to be considered, and companion report that informed the Executive about the many related matters that were brought forward by you in our discussions. The members of the Executive listened. They heard that people wanted to be treated like everyone else – to be able to own land, use land as security for a mortgage, and transferor bequeath their land to whomever they needed to – including a non-Nisga’a spouse or parent. They also heard concerns about maintaining control of the land base, and the fears that removing restrictions from land ownership could, ultimately result in losing the land. After hearing the concerns raised by Nisga’a citizens, and looking at a number of legislative options, the Executive spent 2 months considering the issues raised before they made their decision. 7

Executive Decision (2007) � Legislation that would create the possibility of unrestricted fee simple ownership of residential lots in Nisga’a villages It wasn’t until September that the Executive made its decision, and it decided that despite the risks, Nisga’a Citizens were entitled, like everyone else, to have the opportunity to really own their residential lots, and, if they wanted, use the lots as security for a mortgage. 8

Draft Legislation � Fee simple ownership � Village jurisdiction � Voluntary Once the Executive had given direction, legal counsel (Marcus Bartley) went to work. Over the course of the next year there were a number of legislative drafts, and on-going discussions to ensure that the legislation was as clear and simple as possible, and that it was headed in the right direction. It need to meet some general criteria: •It needed to provide Nisga’a citizens with an opportunity to own their residential properties in fee simple, •It needed to protect the Village’s ability to control use and development of residential land, no matter who owns it, •And it needed to be voluntary – people who wanted to keep their existing Nisga’a Village Entitlements or Nisga’a Nation Entitlements be able to do so. The legislation, entitled the Nisga’a Landholding Transition Act was introduced at WSN in March of this year. 9

Nisga’a Landholding Transition Act � What does it mean? � How would it work? � What are the benefits and risks? The Act is the first of a number of legislative changes that would be required to change the way that Nisga’a citizens hold residential lands. It represents a big step forward for Nisga’a citizens, and of course with a big step forward comes change, which is both exciting and scary. In order to know if it will work for you, you need to really understand it. In order to know if it meets your needs, you need to really understand it. So here is a closer look at the Nisga’a Landholding Transition Act . 10

Intent of the Legislation � Opportunity for Nisga’a citizens � Security of the land base � Respect for Nisga’a citizens’ ability to be responsible landowners Create an opportunity for fee simple ownership of residential lands in Nisga’a villages First and foremost, the legislation is meant to address the relationship between economic opportunity for Nisga’a citizens and the security of Nisga’a Lands. It is intended to do that in a way that respects Nisga’a citizens’ ability to make decisions related to their residential lands, just like everyone else in British Columbia, and, if they think it is the best situation for them, to own their lands in fee simple, just like everyone else in British Columbia. But these objectives are very general, and it is important to look more closely: What land does the legislation apply to? What protection is built into the legislation? Who is it intended to benefit? How does it work? 11

What Lands? Area (ha) Nisga’a Lands 200,000 Village Lands 4300 Villages 200 Residential Lands 100 The Nisga’a Landholding Transition Act will apply to approximately 1/2000 or .05% of Nisga’a Lands. This legislation does not apply to land outside of Nisga’a Villages. Lands outside the villages is owned by the Nisga’a Nation, and the rules related to how and if it can dispose of land are set out in the Treaty and Constitution. This legislation only affects lands in Nisga’a Villages that are zoned for residential use. People wishing to obtain Village Lands for other purposes (such as a business or commercial use) still need to negotiate a lease with the Nisga’a Village, as owner of the land. Nisga’a Land total 1992 sq km (** sq miles) or approximately 2000 sq km, which is 200,000 ha. The lands granted to the Nisga’a Villages at the time of the Final Agreement total approximately 4300 ha Of those lands, about 200 ha are within the Villages where people live. And of those Village areas, more than 50% is taken up by roads, schools, playgrounds, churches, administrative facilities, and other public uses. That leaves approximately 100 ha or 1/2000 of Nisga’a Lands, that are the subject of this new legislation. 12