22

Lesson 2:

First Nations Land Code

The First Nations Land Code is an integral part of the Framework Agreement on First Nation Land Management, which is a governmental agreement that allows First Nations in Canada to establish their own jurisdiction over reserve land, resources, and revenues, essentially opting out of the land-related sections of the Indian Act.

What is a First Nations Land Code?

A Land Code is essentially a basic law document developed by a First Nation community that outlines the principles, rules, and administrative structures related to land governance. It replaces the land management sections of the Indian Act, giving the First Nation the authority to make decisions about the use and management of their lands and resources. This includes aspects such as land use planning, environmental management, natural resource development, and the creation and enforcement of laws.

How is a Land Code enacted?

The enactment of a Land Code involves a two-step process:

1. Development of the Land Code
   This is done in conjunction with community members and is tailored to meet the unique needs and values of the community. The process includes drafting the Land Code document, consultation with community members, and legal review to ensure the Land Code aligns with both the community’s desires and the broader legal framework in Canada.
2. Community Approval
   Once developed, the Land Code needs to be ratified by the community members, typically through a community vote. A majority of participating eligible voters must vote in favor of it for the Land Code to be enacted.

Once these two steps have been completed, the Land Code comes into effect and replaces the land management provisions of the Indian Act, giving the First Nation the legal authority to manage their reserve lands and resources.

It’s worth mentioning that this process occurs under the framework of the Framework Agreement on First Nation Land Management, which is a government-to-government agreement signed by the First Nation and the Government of Canada. The agreement provides the option for First Nations to opt out of the land-related sections of the Indian Act and establish their own jurisdiction over reserve land, resources, and revenues.

What are the benefits of a Land Code?

The Land Code offers a number of potential benefits:

1. Self-Governance
   A Land Code allows First Nations communities to regain control over their land and resource management, enabling them to make decisions based on their unique needs and values.
2. Economic Development
   With greater control over land management, First Nations can potentially encourage more economic development opportunities, leading to increased prosperity and self-sufficiency.
3. Cultural Preservation
   By having the ability to make decisions about land use, First Nations can better protect culturally significant lands and resources.
4. Environmental Stewardship
   First Nations often have strong ties to the land and a deep understanding of local ecosystems. With control over land management, they can potentially enact more effective and sustainable environmental policies.

Overall, the establishment of a Land Code signifies an important step towards self-governance and can have significant benefits for First Nations communities in terms of cultural preservation, economic development, and environmental stewardship. It is essentially a tool for empowering these communities to govern their lands in a manner that aligns with their specific needs and values.

How does First Nations Land Code effect housing management?

First Nation Land Codes can have significant impacts on housing management. These Land Codes, once enacted, give a First Nation the legal authority to govern and manage reserve lands, resources, and revenues independent of the provisions of the Indian Act.

Here are a few keyways that Land Codes can impact housing management:

1. Land Use Planning
   The Land Code gives a First Nation the authority to develop land use plans, which can designate certain areas for housing development, ensuring that the land is used effectively and sustainably.
2. Housing Policies
   First Nations with their own Land Code can develop and enforce their own housing policies, including rules about construction, maintenance, renovations, and rental or lease agreements. This can help to ensure that housing is safe, affordable, and meets the community’s needs.
3. Construction and Development
   The Land Code can allow for greater control over construction and development on First Nation lands, which can lead to more housing projects and potentially greater housing availability.
4. Dispute Resolution
   Land Codes often include provisions for resolving disputes related to housing, such as conflicts between tenants and landlords or disagreements about construction projects. This can help to ensure that housing issues are dealt with effectively and fairly.
5. Environmental Protection
   Many Land Codes include provisions for protecting the environment, which can influence housing management by promoting sustainable construction practices and the preservation of natural features during housing development.

The exact impacts of a Land Code on housing management can vary depending on the specific provisions of the code and the needs and priorities of the community. In general, the enactment of a Land Code can empower a First Nation to manage housing in a way that best meets its unique needs, while also promoting sustainable land use and community development.

Implementing Housing Policy in First Nation Communities

As a First Nations Housing Manager, you play an integral role in implementing and managing housing policies within your community. These policies are often guided by your community’s Land Code. Established under the Framework Agreement on First Nation Land Management, the Land Code allows your First Nation to regain legal control over your lands and resources, enabling you to operate outside the land provisions of the Indian Act.

Housing policies are a crucial part of the Land Code. They determine the principles and procedures for housing developments, renovations, and sales within your community. These policies establish the terms and conditions for residency, outline the process for resolving land and housing disputes, and define how your community will manage and allocate lands for housing purposes. The control over housing policy afforded by the Land Code empowers you to address specific housing challenges that align with the unique needs and values of your community.

Three-Stage Process for Developing Effective Housing Policies: Research, Writing, and Implementation

1. Research
   Identify the specific housing needs of your community. This involves gathering and analyzing data on current housing conditions, future housing needs, cultural preferences, land availability, environmental considerations, budget constraints, etc. You should also look at best practices in other First Nations communities and learn from their experiences. Consult with community members, elders, and leadership to ensure their input is included.
2. Writing
   Draft the housing policy using the information gathered during the research phase. Your policy should include the purpose and objectives of the policy, the roles and responsibilities of different stakeholders, the procedures to be followed for various housing activities (like application for housing, allocation of houses, dispute resolution, etc.), and any other rules and regulations relevant to housing in your community.
3. Implementation
   Once the policy is written and approved by the community and leadership (Chief, Council, Elders and staff), it’s time for implementation. This involves communicating the policy to all community members and ensuring it is understood and followed. It also includes setting up systems for housing applications, dispute resolution, record keeping, etc., and regularly reviewing and updating the policy as needed to reflect changes in the community’s needs or circumstances.

Tips for Implementing Housing Policies

1. Ensure Adequate Resources
   Before implementing the policy, make sure you have all the necessary resources. This might include staff, budget, software for record-keeping, and communication tools. Assess your capacity to carry out new tasks such as tracking rent payments and sending letters to tenants.
2. Inform Your Team
   Staff members should be well informed about the policy, how it will affect their duties, and how they can support its implementation. Consider holding meetings or workshops to explain the policy and answer any questions.
3. Create a Communication Strategy
   Determine how you will distribute the policy and communicate its content to the community. This might involve sending letters, emails, posting information on community bulletin boards, or holding community meetings. Consider creating a summary document or a FAQ to help people understand the policy without having to read it in full.
4. Promote Open Dialogue
   Encourage community members to ask questions, voice their concerns, and provide feedback. This can help to ensure that the policy is understood and accepted by the community. It can also help to identify and address any potential issues before they become larger problems.
5. Make the Policy Easily Accessible
   The housing policy should be easy for community members to find and refer to. This could mean posting it on your community’s website, keeping hard copies in a public location, or sending copies to each household.
6. Track and Adjust the Implementation
   Monitor the implementation process closely. Record any challenges encountered, feedback received, or positive outcomes achieved. Be ready to adjust the implementation plan if necessary to ensure the success of the policy.
7. Review and Update the Policy Regularly
   Once the policy has been implemented, it should be reviewed periodically and updated as needed. This ensures that the policy stays relevant and effective in meeting the changing needs and circumstances of your community.

Steps for developing a housing policy

As a First Nations Housing Manager, one of your critical roles involves drafting, implementing, and managing housing policies within your community. The creation of these policies is an important task that guides housing development, renovation, and distribution, in line with your community’s Land Code. Here are some guidelines to help you in creating a clear and effective housing policy:

1. Write clearly and concisely
   Housing policies serve as guides in a variety of situations, protecting both the community and its leaders from unfair or arbitrary treatment. The language used should be direct, simple, and consistent across different policies. This clarity ensures that your policy will be understood uniformly, leaving no room for misunderstanding or assumptions.
2. Format your policy document logically
   Your policy should be presented in a sequence that naturally progresses from one idea to the next.
   • Title
     Make it clear that this policy is specific to your community’s housing.
   • Background
     Note who drafted the policy, when it was approved, and how it will be distributed.
   • Dates
     Include the policy’s effective date, end date, and any revision dates.
   • Purpose
     State the purpose of the policy and programs it covers.
   • Specific Policy Information
     Detail any procedures that need to be followed and who is responsible for what tasks.
   • Key Terms
     Define key terms to avoid misinterpretation.
   • Implementation Details
     Describe how the policy will be implemented.
   • Exceptions
     Outline how exceptions to the policy will be handled.
3. Review and revise the draft policy
   Policy drafting is an iterative process. Have your draft policy reviewed by those who’ll implement it or be affected by it. The diversity of perspectives will help you refine the wording for clarity, specificity, and possible misinterpretation. If there are legal implications, seek a review from someone with legal training. Community involvement is also crucial in policy drafting. Present the draft housing policy to the broader community for their input. This ensures community buy-in and helps verify that the community is comfortable with the proposed policies. In some First Nations, key policies are translated into the primary language of the community by the housing department to ensure accessibility and comprehension for all members. Always remember, as you draft the housing policy, the community’s unique needs, resources, and Land Code provisions should guide your work. The Land Code is your main guiding document, outlining how land and resources, including housing, are managed in your First Nation. Always refer to it and seek professional advice as needed.

What are some housing policy examples?

While the specific content of housing policies will differ among First Nations communities depending on their unique contexts, needs, and legal frameworks, there are several common topics that such policies might cover. It’s important to note that these policies should be developed in line with each First Nation’s Land Code and CMHC’s guidelines for housing policy development.

1. Housing Allocation Policy
   This type of policy sets out the rules and procedures for allocating housing units within the community. It may include criteria for eligibility, procedures for application and selection, and rules about housing waitlists.
2. Rent Collection Policy
   A rent collection policy outlines the responsibilities of tenants in terms of paying rent, as well as the procedures that the housing department will follow in case of rent arrears. This might include payment schedules, penalties for late payment, and procedures for eviction in extreme cases.
3. Maintenance and Repair Policy
   This policy typically outlines the responsibilities of both tenants and the housing department for maintaining and repairing housing units. It might specify regular maintenance tasks for tenants, procedures for requesting repairs, and circumstances under which tenants might be held financially responsible for damage to a housing unit.
4. Home Ownership Policy
   In communities where home ownership is possible, this policy would set out the procedures and criteria for transferring ownership of a housing unit from the band to an individual or family. This might include eligibility criteria, financing arrangements, and responsibilities of homeowners.
5. Housing Inspections Policy
   This type of policy sets out procedures for regular inspections of housing units to ensure they are maintained in good condition and comply with safety and health standards. This might include pre-move-in inspections, annual inspections, and inspections upon tenant move-out.
6. Elder Housing Policy
   Some First Nations communities have policies specifically related to housing for elders, recognizing their special status and needs. These policies might include criteria for eligibility, procedures for application and selection, and additional services provided for elders.
7. Dispute Resolution Policy
   This policy outlines the procedures for resolving disputes related to housing, such as disputes between tenants and the housing department or between multiple applicants for a single housing unit.

Again, these are general topics that housing policies might cover, and the specific content of these policies will vary among different First Nations communities. It’s important for housing managers to ensure that housing policies align with their community’s unique needs and legal frameworks, and that they are developed in a transparent and consultative manner.

The Tseshaht First Nation Housing Policy and Procedures

The Tseshaht First Nation is an indigenous nation in British Columbia, Canada, part of the larger Nuu-chah-nulth Tribal Council. The nation is located primarily in the Alberni Valley, on the west coast of Vancouver Island.

The Tseshaht community includes over 1,200 members, with about half residing in the Alberni Valley, and the rest scattered across Vancouver Island, in other parts of British Columbia, and elsewhere in North America. Like many First Nations in British Columbia, the Tseshaht have a deep connection to the land and sea, having depended on its resources for their livelihood for generations. Traditional practices and knowledge, including language, hunting, fishing, and arts, are highly valued and passed down through generations.

Informed by their traditional values and in response to the needs of their community, they have formulated a housing policy (2009). Here’s a picture of the significant elements they deemed essential to incorporate:

Building Regulations and Standards for First Nations Communities

Housing construction and renovation in First Nations communities in Canada must adhere to regulations and standards that are designed to ensure safety, durability, and quality. Here are some of the key regulations and standards that govern housing in these communities:

1. Canada’s National Building Code (NBC)
   The National Building Code provides the minimum requirements for the design and construction of new buildings and the renovation of existing ones. Although it’s technically a model code and provinces and territories can adapt it to suit their needs, many use it as a basis for their regional building codes. The NBC includes standards for structural components, fire safety, plumbing systems, HVAC systems, and more. For on-reserve housing, First Nations communities have jurisdiction and can choose to adopt the NBC, create their own building code, or adopt a provincial or territorial building code. However, any housing funded by Indigenous Services Canada (ISC) or Canada Mortgage and Housing Corporation (CMHC) is required to meet or exceed the NBC.
2. On-Reserve Housing Policy
   First Nations communities also have the authority to develop their own housing policies, which can include standards and regulations for construction and renovation. These policies often include a variety of issues, such as eligibility for housing, rent collection, maintenance, and renovations.
3. Canada Mortgage and Housing Corporation (CMHC) Standards
   The CMHC provides guidelines and best practices for housing design, construction, and maintenance that are recognized across Canada. These standards are designed to promote safe and sustainable housing. Projects funded by the CMHC need to follow these guidelines.
4. Specific Program Requirements
   Specific housing programs may also have their own regulations and standards. For example, the Residential Rehabilitation Assistance Program (RRAP) for on-reserve housing has its own set of requirements. Homes renovated under this program must meet a minimum level of health and safety before the renovations are considered complete.
5. Environmental Regulations
   Construction and renovation must also comply with environmental regulations, which can include federal regulations, provincial regulations, or specific environmental regulations created by the First Nations community itself. These regulations could cover a variety of issues, such as waste disposal, impact on local ecosystems, or the use of certain materials.

   

The key point is that while there are national and federal guidelines like the NBC, the authority and decision-making power lie with the individual First Nations communities on how they choose to govern housing construction and renovation on their lands. As a result, the regulations can vary greatly from one community to another.

Once a community puts building standards and housing policies in place, the community, usually through designated housing managers or a housing department, is responsible for ensuring compliance. This might involve inspections, record-keeping, and handling any violations or disputes.

Housing Managements Effect on Resources

Managing housing within First Nations communities has both direct and indirect impacts on resources. Here’s a closer look at how this manifests:

1. Economic Resources
   Housing management requires financial investment, particularly in construction, renovation, and ongoing maintenance of homes. However, it can also contribute to the economy by creating jobs and stimulating local businesses.
2. Human Resources
   Housing management requires a skilled workforce, including construction workers, housing managers, maintenance crews, and administrative staff. This can provide employment opportunities but also highlights the need for training and education in relevant fields.
3. Natural Resources
   Construction and renovation of houses can have an impact on local natural resources. Depending on the methods and materials used, housing projects may require the use of timber, water, and other materials. Responsible management can help minimize this impact.
4. Social Resources
   Housing is deeply connected to community wellbeing. Quality housing can enhance health outcomes, contribute to educational success, and foster a sense of community. On the other hand, issues with housing can strain social resources, like healthcare and social services.
5. Cultural Resources
   Housing projects in First Nations communities can provide opportunities to integrate and promote cultural values, such as using traditional building methods or designs.
6. Environmental Resources
   Building practices can have environmental impacts, such as disruption of ecosystems, waste generation, and energy consumption. Sustainable building practices can mitigate these impacts.

It’s important to note that the exact impact of housing management on resources can vary greatly depending on factors like the size of the community, the geography and environment, the available funding, the specific housing policies in place, and more. Therefore, comprehensive planning and effective management are key to maximizing the positive impacts and minimizing the negative impacts on resources.