Lesson 2: Housing Policies and Practices in Saskatchewan’s First Nations Communities

Infrastructure Service Agreement and its Significance to First Nations Tribal Councils

The 1995 Infrastructure Service Agreement, a landmark initiative for Canada’s First Nations Tribal Councils, addressed indigenous communities’ infrastructural deficits by focusing on essential services like water supply, sewage treatment, housing, roads, and community facilities. This commitment from the federal government aimed to enhance living conditions, promote economic growth, and foster sustainable communities.

The agreement granted First Nations increased autonomy, enabling them to control the planning, design, construction, and maintenance of their infrastructure projects. This empowerment allowed for a better response to their communities’ unique needs and priorities. Additionally, it provided crucial funding mechanisms combining federal and tribal contributions to alleviate the accumulated infrastructure backlog.

The 1995 agreement encouraged collaboration between First Nations Tribal Councils, the federal government, and provincial or territorial governments, pooling resources, expertise, and knowledge for effective and sustainable infrastructure solutions. Serving as a catalyst for positive change, it recognized the importance of infrastructure development in enhancing the overall well-being of indigenous peoples.

Benefits of the 1995 Service Agreement

The 1995 service agreement for First Nations in Canada, often referred to as the First Nations Fiscal and Statistical Management Act (FSMA), brought several key benefits for the First Nations communities. Here are some of the significant benefits:

1. Enhanced Fiscal Autonomy
   The agreement provided First Nations with the authority to levy property taxes on reserve lands, giving them a source of revenue to fund their local government operations and infrastructure projects, thereby contributing to their self-reliance.
2. Improved Financial Management
   The agreement led to the establishment of the First Nations Financial Management Board (FNFMB), which helps First Nations improve their financial management practices. This support has led to increased accountability and transparency in managing their resources.
3. Access to Capital Markets
   One of the critical components of the agreement was the formation of the First Nations Finance Authority (FNFA), a non-profit organization that provides First Nations governments with access to long-term loans at preferred rates, similar to other levels of government in Canada. This has helped First Nations invest in infrastructure development, economic growth, and community betterment.
4. Data Governance
   The FSMA established the First Nations Information Governance Centre (FNIGC), which works to ensure that data concerning First Nations is collected and used appropriately, ensuring respect for First Nations’ data sovereignty.
5. Infrastructure Development
   The increased fiscal resources, access to capital markets, and improved financial management have enabled First Nations to make significant strides in infrastructure development, improving living conditions on reserves. This can include everything from housing and schools to healthcare facilities and community centers.
6. Economic Development
   The agreement allows First Nations to leverage their lands, tax revenues, and borrowed capital to drive economic development and job creation in their communities, leading to improved socioeconomic conditions.
7. Enhanced Governance
   The FSMA helps First Nations exercise their jurisdiction over reserve lands, fostering greater political autonomy and self-determination. The FSMA helps to modernize and improve First Nations governance, aiding them in achieving their full potential.

The 1995 service agreement has played a pivotal role in the socio-economic transformation of First Nations in Canada, fostering greater autonomy and empowerment while promoting growth and development.

On-Reserve Shelter Enhancement Program (SEP): Features and Benefits

The On-Reserve Shelter Enhancement Program (SEP) is a robust initiative that is specially designed to improve the living conditions and security of indigenous people residing in reserves. Here, are the details the ways the SEP program can be utilized and the benefits that the program offers:

Utilization of SEP

1. Housing Improvement Funds
   SEP offers substantial funding for renovating, upgrading, or expanding existing on-reserve shelters. This helps ensure that housing facilities meet necessary health, safety, and housing quality standards.
2. New Shelter Construction
   The program provides funding for building new shelters on reserves, improving housing availability, and reducing overcrowding.
3. Accessibility Improvements
   SEP pays special attention to the needs of the elderly and persons with disabilities. Funds can be used to modify shelters to accommodate the specific needs of these individuals, such as installing ramps, handrails, or accessible bathroom facilities.
4. Emergency Repairs
   The program also offers emergency funds for immediate essential repairs to shelters that pose an immediate threat to the occupants’ health and safety.
5. Domestic Violence Focus
   SEP offers services that enhance shelters and transition houses serving women and children fleeing domestic violence. This ensures a safe, welcoming, and comfortable environment for these vulnerable groups.
6. Sustainable Solutions
   Emphasis is placed on sustainable and energy-efficient solutions. Projects that incorporate environmentally friendly designs, materials, and energy-efficient solutions are encouraged and given priority.

Benefits of SEP

1. Improved Living Conditions
   By offering funds for renovation, repair, and construction, SEP ensures improved living conditions for the residents, leading to enhanced overall wellbeing.
2. Increased Safety and Security
   The program helps provide safe and secure shelters, particularly for women and children fleeing domestic violence.
3. Enhanced Accessibility
   For the elderly and persons with disabilities, the accessibility modifications sponsored by SEP can greatly improve their quality of life.
4. Reduction in Overcrowding
   By funding the construction of new shelters, the program helps alleviate the issue of overcrowding often experienced in on-reserve communities.
5. Environmental Sustainability
   Through its focus on green solutions, SEP aids in reducing the ecological footprint of on-reserve shelters, encouraging more sustainable living and long-term cost savings.
6. Job Creation
   The construction, renovation, and maintenance activities often lead to job creation within the communities, supporting local economies.
7. The On-Reserve Shelter Enhancement Program (SEP) serves as an integral resource to foster positive change, better living conditions, and enhanced security for those residing in indigenous reserves.

Emergency Home Repairs and Emergency Shelters in First Nations Communities

Emergency home repairs and the construction of Emergency Shelters and Second-Stage Housing are often funded through programs like the Shelter Enhancement Program (SEP). Here’s what you need to know:

1. Emergency Home Repairs
   If a home is damaged due to a disaster or becomes suddenly uninhabitable, the SEP provides funding for immediate repairs. Contact your housing manager or band office to apply.
2. Emergency Shelters
   The SEP provides funds for the construction and renovation of shelters for victims of family violence. If you need to construct or improve a shelter, contact your housing manager or band office.
3. Second-Stage Housing
   The SEP also provides funds for the creation of Second-Stage Housing, which provides semi-independent transitional housing for victims of family violence.

How does a housing manager secure SEP funding?

To secure Shelter Enhancement Program (SEP) funding as a housing manager in a First Nations community, there are several steps that need to be taken. While the specifics may vary depending on the region and the specific program requirements, the general steps are as follows:

1. Research and Understand the Program
   Before you begin the application process, it is important to thoroughly understand the SEP’s scope, eligibility criteria, and the type of projects it supports. This can be done by reviewing information available online or by contacting the agency responsible for the program.
2. Project Proposal
   Develop a detailed proposal for the project you seek funding for. This should include the project’s goals, expected outcomes, a detailed budget, and a timeline for completion. For emergency repairs or construction projects, you will need to provide details on the current situation, the proposed improvements, and how these changes will benefit the community.
3. Application Submission
   Fill out the application form provided by the agency overseeing the SEP. Be sure to include all necessary supporting documents such as project plans, estimates, evidence of community consultation or approval, and any other required documentation.
4. Follow-up
   After submitting the application, you might need to answer additional questions or provide further information. Be prepared to cooperate fully with the agency throughout the process.
5. Await Approval
   Once you’ve submitted the application, it will be reviewed by the funding agency. If approved, they will provide you with the details about how to access and report on the use of the funds.

Remember, it’s essential to start this process well in advance of when you’ll need the funds as approval can take some time. Make sure to adhere strictly to all application guidelines and provide as much detail as possible to increase your chances of success.

More Information on SEP

Owning A Home on First Nation Land

Homeownership on First Nations reserves in Saskatchewan (and across Canada) is unique because the land on which the houses are built is often communally owned by the band, and not by individuals. This land ownership arrangement is rooted in historical treaties and governed by the Indian Act. However, that doesn’t mean individuals cannot own homes or have secure, long-term housing on reserves.

The most common form of individual land holding on a reserve is through a Certificate of Possession (CP). A CP gives the holder similar rights to “fee simple” ownership off reserves. This means they can build a home, live in it, pass it to their heirs, and sell it (with some restrictions) to other band members. However, a CP does not give the holder the right to sell to non-band members or to mortgage the land with mainstream lenders.

For financing, First Nations individuals and families may be able to access housing loans via the First Nations Market Housing Fund (FNMHF). The FNMHF was created by the Canadian government to give First Nations people better access to home loans on reserves.

There is also a system of leases, particularly for commercial properties or homes owned by non-band members on reserves, but it can be used for band members as well. A lease can provide the necessary security of tenure for a bank to issue a mortgage for a home.

In terms of who can own a home on a reserve, usually it’s band members, but non-members who are spouses or common-law partners of band members can also be given the right to reside on reserves. The matrimonial real property (MRP) laws on each reserve, guided by the federal Family Homes on Reserves and Matrimonial Interests or Rights Act, provide rules around these rights.

What should a housing manager understand about home ownership in First Nation communities?

As a housing manager working within a First Nations community in Saskatchewan, understanding the nuances of homeownership on reserves is essential. Here’s how this knowledge can be applied to your role:

1. Understanding Ownership Rights
   Familiarize yourself with the local band’s land tenure systems, including Certificates of Possession (CP) and leasehold arrangements. Understand who can legally own a home on reserve land and under what conditions. This information is crucial in guiding potential homeowners in your community and developing housing policies and plans.
2. Financing Options
   Be aware of different financing options available to your community members, such as the First Nations Market Housing Fund (FNMHF). Understand the application process and eligibility criteria for these programs so you can assist potential homeowners navigate these systems effectively.
3. Community Engagement
   Keep the community informed about the complexities of homeownership on reserves. This could involve hosting information sessions or workshops, developing informational materials, or one-on-one meetings with community members considering homeownership.
4. Partnership with Band Council
   Work closely with the band council to understand any specific local laws or regulations that might affect homeownership. For instance, understanding the band’s matrimonial real property laws will be important in situations involving home ownership and relationship breakdowns.
5. Housing Policy Development
   Use your understanding of land ownership, financing options, and community needs to help develop or revise housing policies for your band. These policies could include guidelines for home sales or transfers, maintenance expectations for homeowners, or housing priorities for the community.
6. Emergency and Long-Term Planning
   Understand the procedures and funding options for emergency home repairs and construction of new housing, including accessing programs like the Shelter Enhancement Program (SEP). This knowledge will be essential in both immediate crisis situations and long-term housing strategy development.

Remember, the housing needs and regulations can vary significantly among different First Nations. Always ensure that your practices align with the unique cultural, legal, and historical contexts of your specific community.

Tenancy/Renting in Saskatchewan First Nations Communities

As a housing manager in a First Nations community, it’s important to understand both the rights and responsibilities of renters, as well as your own responsibilities as a manager. This knowledge can ensure a fair and efficient housing system in your community. Here are key points you should be aware of:

Renters’ Rights:

1. Right to Habitable Housing
   All tenants have the right to safe, habitable housing. This means that the premises should be in a good state of repair, and comply with health, safety, and housing quality standards.
2. Right to Privacy
   Tenants have the right to privacy in their homes. This means that a landlord or housing manager can’t enter the property without giving proper notice, except in emergency situations.
3. Right to Be Free from Discrimination
   Tenants have the right to be free from discrimination in the renting, management, and eviction process.

Renters’ Responsibilities:

1. Pay Rent on Time
   Tenants are expected to pay their rent in full and on time, as agreed in their lease or rental agreement.
2. Maintain the Property
   Tenants are required to keep their homes reasonably clean and to notify the housing manager or landlord of any necessary repairs.
3. Respect Neighbors
   Tenants are expected to respect the rights of other tenants to enjoy their homes without undue noise or other disturbances.

Housing Manager’s Responsibilities:

1. Maintain Property
   As a housing manager, it’s your responsibility to ensure the property is kept in good repair. This includes addressing any necessary repairs or maintenance issues in a timely manner.
2. Respect Tenants’ Rights
   You must respect the rights of your tenants, including their rights to privacy and freedom from discrimination.
3. Clear Communication
   Ensure that tenants understand the terms of their lease agreement and are aware of any community-specific rules or guidelines related to housing.
4. Address Disputes
   Be prepared to address any disputes between tenants or between a tenant and the landlord. This could involve mediating conflicts or, in more serious cases, starting the eviction process.
5. Record Keeping
   Keep accurate records of all rental payments, maintenance requests, leases, and any interactions with or actions taken on behalf of tenants.
6. Legal Compliance
   Make sure you are aware of any federal, provincial, or tribal laws that apply to housing on reserves. This could include the Canadian Human Rights Act, provincial tenancy laws, or specific band housing policies. Always ensure that your practices comply with these laws.

By being aware of these rights and responsibilities, you can ensure that you are providing the best possible service to your community and helping to create a safe, respectful, and healthy living environment.

Tenancy and Eviction Procedures in First Nation Communities

When dealing with tenancy and eviction procedures in First Nations communities in Canada, it’s important to remember that regulations can vary depending on provincial or territorial laws, and in many cases, the individual community’s laws or by-laws.

While the specific procedures may vary, they generally follow a common framework:

Tenancy Procedures:

1. Written Lease Agreement
   The tenancy process starts with a lease agreement, which is a contract between the tenant and the landlord (often the Band or a housing authority in First Nations communities). It outlines the terms and conditions of the rental, including the rent amount, term of the lease, and responsibilities of both parties.
2. Rent Payment
   Tenants are required to pay their rent as stipulated in the lease agreement, usually on a monthly basis. Non-payment of rent can lead to eviction procedures.
3. Maintenance and Repairs
   The landlord is generally responsible for maintaining the property and ensuring it meets health and safety standards, while tenants are responsible for keeping the property clean and reporting any issues to the landlord.
4. End of Tenancy
   When a tenancy agreement ends, the tenant must leave the property clean and in the same condition as when they moved in, barring normal wear and tear. Any security deposit should be returned, with deductions for any unpaid rent or damage.

Eviction Procedures:

1. Notice of Eviction
   If a tenant violates the terms of their lease, such as by failing to pay rent or causing significant damage, the landlord can start eviction procedures. This usually begins with a written notice of eviction, stating the reason for eviction and a time frame for the tenant to resolve the issue or leave the property.
2. Order of Possession
   If the tenant fails to resolve the issue or vacate, the landlord may apply to a tribunal, court, or appropriate authority for an order of possession. This order legally terminates the tenancy and returns possession of the property to the landlord.
3. Enforcement
   If the tenant does not leave after an order of possession is issued, the landlord may need to involve local law enforcement or a bailiff to enforce the order and remove the tenant.

It’s crucial to note that all procedures must be carried out fairly and in accordance with local, provincial, territorial, and federal laws. For First Nations communities that fall under the Indian Act, this may include band council by-laws. In communities with self-government agreements, local First Nations laws may also apply. Always consult with legal counsel or a housing authority to ensure all procedures are correctly followed.

Community Tenancy Law

If a First Nations community doesn’t have tenancy laws in place but wishes to establish them, this task typically falls under the jurisdiction of the Band Council, often working in collaboration with the housing manager or housing authority. The Band Council, as the governing body, has the authority to draft and enact such laws under the broader framework of the Indian Act or a self-governance agreement.

By establishing their own tenancy laws, First Nations communities can ensure that housing policies reflect their specific cultural values, economic circumstances, and community needs. As a housing manager, you can play a crucial role in this process by advising the Council and facilitating communication between the Council and community members.