#LGEDC2016 - First Nations National Land Governance & Economic Development Conference: Laws, Bylaws, and Policies

1. FIRST NATIONS NATIONAL LAND
GOVERNANCE & ECONOMIC DEVELOPMENT
CONFERENCE: Laws, Bylaws, and Policies
.
October 12, 2016
TCU Place, Saskatoon

2. 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

3. 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 reserve
o s.83 bylaw: money bylaws (requires Ministerial approval)
o s.85.1 bylaw: intoxicants
o Custom Election Act
– First Nations Land Management Act (FNLMA) replaces land related
provisions of the Indian Act
o Land laws and environmental laws
o Culmination of other Federal Land initiatives
o optional

4. 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 taxation
o 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

5. 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

6. 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.

7. 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

8. QUESTIONS ???

9. THANK YOU!