Dan Huang Senior Planner Urban Systems

Lawrence Lewis Nation Manager Malahat Nation

Presentation to CANDO Nanaimo, BC

September 25, 2014

Nation Building – Under Construction

The Last 24 months… …much accomplished!

9 New Homes – 30 more! Band Office Renovation Kwunew Kwasun Gala & Endowment Tribal Journeys Land Code Tethering Financial Law Tethering IBA’s / MBA’s / JV’s & More Fiscal House Cleaning Performance Based

Employment Demonstrated & Declarative Action and Outcomes

Completed Essential Policy Documents: ◦ Human Resources ◦ Financial Management ◦ Council ◦ Land Use ◦ Marine Use ◦ Housing

10 major Home Reno’s Ec. Dev. Authority Accreditation (Youth) Website & Engagement New Election Code Leave no Malahat’s behind! plus…$100K+ Staff Training

Kwanew Kwasun Endowment Society 2nd Gala November 1st Sold Out!

Planning gives the community the framework and process to: ◦ Examine its core values ◦ Create a vision for the future ◦ Work towards achieving that vision

While the base land use planning tools are similar, every community is unique

Urban Systems has worked with numerous FN communities throughout Canada – from BC to Nova Scotia – for nearly four decades

Planning issues are often a source of conflict, as planning is a balance act between many competing interests

A key issue of planning is finding the right balance between individual property interests the broader community interest

Comprehensive Community Plan (CCP) Land Code Land Use Plan Zoning Subdivision / Development

Servicing Development Permit

◦ Landscape standards ◦ Building design guidelines

Building Permit

Prior to 1996, options for direct First Nation land management were limited (self-government or treaties)

In February 1996, 14 Chiefs signed the Framework Agreement with Canada for First Nations to manage their lands under their own Land Code

Framework Agreement established the Lands Advisory Board (LAB)

In June 1999, Canada enacted the First Nations Land Management Act (FNLMA)

Once a First Nation has ratified the Framework Agreement and has begun operating under its Land Code, thirty-four (34) sections of the Indian Act related to land management no longer apply to the local FN’s reserve lands and resources

Other laws associated with Land Code include: ◦ Matrimonial Property Laws ◦ Zoning and Land Use Laws ◦ Infrastructure, Development and Building Laws ◦ Financial Management Laws ◦ Others

Due Diligence

Minimal Processing

Time

Community Interests

Private Interests

Certainty Flexibility

Maximum # of Planning Tools

Minimum # of Planning Tools

Inform Empower

LAND CODE

Land Use Plan

Zoning Regulations

Land Use Policies

Development Procedures

Construction Standards

Design Guidelines

Once the planning “rules” are set, important to set out procedures in Law in order to follow and/or amend the plan

Under Land Code, Chief and Council are generally given the responsibility to amend land use plan, but some tasks can be delegated to others, including: ◦ Land Management Board / Advisory Planning

Commission ◦ Development Corporation ◦ Approving Officer / Lands Manager

Development Process Flowcharts are helpful , and provide application consistency to secure investment

Application or referral package is received

On or off reserve?

Consistent with Land Use Plan?

On Off

Initiate referrals process

No Yes

Give planning approval

Initiate Land Use Plan amendment process

Stage 1 Stage 2

Tsawwassen Mills – 1900 units residential, 1.8 million square feet commercial

Industrial opportunities through Delta Port expansion

Source: Tsawwassen First Nation

Oyster Bay Four Corners – mixed used development site - commercial, residential, tourism, marina

Remaining lands preserved for community uses and other economic development opportunities

Source: Stz’uminus First Nation / Coast Salish Development Corporation

Lawrence Lewis Nation Manager Malahat Nation lawrencelewis@malahatnation.com (250) 743-3231 www.malahatnation.ca

Dan Huang Senior Planner / Principal Urban Systems dhuang@urbansystems.ca (250) 380-8138 www.urbansystems.ca