wallace hills land designation referendum presentation

Land Designation!Wallace Hills !

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Wallace Hills IR#14A!

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Sipekne’katik ! July 2014!

Land Designation!Wallace Hills: History and Overview!

•  1965: The Department of National Defense transferred property in Hammonds Plains to the Federal Crown “ … to provide a site for the relocation of Indians close to a centre of employment.”!

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•  1973: Late Chief John Knockwood requested via a Band Council Resolution (B.C.R.) for the land to be transferred to the Shubenacadie Band.!

•  1981: Nova Scotia chiefs pass a resolution to grant ownership of Wallace Hills to the Shubenacadie Band.!

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•  2011: Wallace Hills IR#14A is officially created and becomes part of the Shubenacadie Band through the Additions to Reserve Policy of Aboriginal Affairs and Northern Development Canada (AANDC).!

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•  2011: Chief Jerry Sack and council pass a B.C.R. that states …!

•  “ … that until the Shubenacadie Band has enacted a Land Use Bylaw for the Wallace Hills Reserve, no settlement or development of any kind at Wallace Hills shall be permitted or valid unless Council has passed a Band Council Resolution specifically permitting the settlement development.”!

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•  2011: Shubenacadie Band takes part in AANDC’s new Land Use Planning Pilot Project (L.U.P.P).!

•  2011: Band requests financial support from AANDC for the project proposal called the “Designation and Development Planning - Wallace Hills Reserve.”!

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What Is A Land Designation?!

•  Land designation is a process to gain permission from band members to use band lands held in trust for band members for commercial activities.!

•  Land designation requires the consent from the band through a referendum. !

•  Designation identifies an area of land for certain time, use and purpose.!

•  Designated land retains its reserve status.!

•  Designation can be for 1-99 years (99 years is most common). !

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Why Designate?!•  For legal purposes.!

•  Makes band land “business friendly.”!

•  Businesses can apply for bank loans if reserve land is designated for commercial use.!

•  Rent is collected from leasing out reserve land !

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Benefits Of Land Designation!

•  Generates Revenue!

•  Economic development!

•  Regulate businesses!

•  Still tax exempt for Status Indians!

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Benefits For The Band!

•  Band can re-invest money back into our communities for long-term benefit of the band in these areas for example:!

•  Infrastructure!

•  Housing!

•  Employment!

•  Improving existing band business!

•  Create new business opportunities!

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Land Designation!Can Land Be Un-Designated?!

•  Yes, lands designated for commercial development can be undesignated.!

•  Most common way to undesignate land is by way of a Band Council Resolution passed by Chief and Council requesting the Minister of Aboriginal Affairs to undesignate the specified area.!

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What Is A Lease?!•  A lease is a legal agreement.!

•  Could be a Head-Lease or a Sub-Lease.!

•  Revenues are collected by way of a lease.!

•  Lease payments are based on fair market or can be less than fair market (which is sometimes referred to a nominal rent and it could be anywhere from a $1 and up). If nominal rent is chosen a justification must be provided as to why fair market was not used. Fair market value would still be applied to sub-leases. !

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Fair Market Head Lease!

•  The Band’s Economic Development Corporation could enter into a head lease for fair market rent with AANDC.!

•  Revenue collected from the head lease would be held in trust for the band in Shubenacadie’s Revenue Account at AANDC. !

•  Band Council can access this money through a B.C.R.!

•  Any transactions for money held in trust by AANDC must be recorded in the band’s annual financial audit (which is posted on the band’s website, shubenacadieband.ca)!

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Fair Market Sub-Lease!

•  Sub-Lease: could be an agreement between the Band’s Economic Development Corporation and an individual business owner.!

•  Sub-Lease’s would be negotiated by the Economic Development Corporation.!

•  The Revenue from the sub-lease would be collected by the Economic Development Corporation and held in trust by them.!

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Land Designation!Referendum Question:!

Do you agree to the DESIGNATION, of Wallace Hills IR. 14A for general commercial and light industrial leasing purposes, the whole of lots identified on Plan No. 96377 CLSR as:!

•  Lot 325 containing 5. 14 hectares more or less and; !

•  Lot 327 containing 0.900 hectares more or less and;!

•  Lot 328 containing 0.259 hectares more or less and; !

•  Lot 330 containing 48.5 hectares more or less. !

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Land Designation!•  Referendum Question was determined by Chief and

Council following community consultation sessions held in Indian Brook and Halifax in May 2014. !

•  Majority of band members who attended these meetings expressed a desire to pursue land designation for fair market for Wallace Hills.!

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Land Designation!Who Can Vote?!

•  Band members who reside on and off reserve.!

•  18 years of age and older.!

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Land Designation!What Is The Voting Process?!

•  A polling station will be set up at the Indian Brook Multipurpose Centre on the day of the referendum on August 22, 2014.!

•  Band members can vote in person between 9 a.m. and 8 p.m.!

•  Off-reserve band members can mail-in their ballot which was included in the information packages mailed to them in June 2014.!

•  Band members can request a mail-in ballot at the band office if they plan to be away on August 22. (See Alan Knockwood)!

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Land Designation!What Determines A Successful Vote?!

•  Majority simple!

•  Whoever votes (whether in person or by mail in ballot) if 50 + 1% vote yes, it is a successful vote (If 100 people vote and 51 vote in favor, it is successful).!

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Land Designation!Frequently Asked Questions!

•  Is the Land Designation referendum about the 1919 Land Claim? !

•  When will the 1919 Land Claim be dealt with? !

•  Will band members be given priority for any future employment opportunities in Wallace Hills?!

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Land Designation!Frequently Asked Questions ( …continued)!

•  Who will determine the amount of the sub-lease in Wallace Hills? !

•  Will a band member be required to pay a lease if he/she wants to open up a business in Wallace Hills? !

•  Will Status Indians be charged tax (HST, GST) on reserve land designated for commercial use in Wallace Hills?!

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Land Designation!Frequently Asked Questions ( …continued)!

•  Will band members who own businesses in Wallace Hills be required to collect the sales tax from non-status customers?!

•  What is the advantage of Fair Market over nominal?!

•  How do we know the money held in trust for band members will be used for the benefit of all band members?!

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How Can I Obtain More Information?!

•  Extra Information packages are available at the band office. !

•  Please contact Alan Knockwood ([email protected]) or Rosalyne Grant ([email protected]). at the band office if you wish to receive an information package. !

•  Please ensure the band office staff has your correct mailing address if you have not received an information package and wish to have one mailed to you.!

•  The information package, will be posted on the band’s website, shubenacadieband.ca as of July 17, 2014.!

•  This presentation will also be available on the band’s website as of July 17, 2014. !

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wallace hills land designation referendum presentation

Documents

reserve land

designated land

benefits of land designation

shubenacadie band

area of land

undesignate land

band land business friendly

band members