WFN Land Management Readiness 11th Annual Na6onal; Land Managers Gathering

Kwanlin Dun Cultural Centre, Whitehorse YK

Westbank First Na.on (WFN) will work to promote a healthy and prosperous future to ensure its con.nued existence as a strong poli.cal, social and cultural community.

ValuesEquality, Honesty and Fairness, Respect, Accountability and Transparency, Understanding, and Confiden.ality

Mission Statement

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Regional District of Central Okanagan

Location

• WFN is comprised of five reserves. Tsins5keptumReserves 9 and 10 border Okanagan Lake and are in close proximity to the City of Kelowna, one of the fastest growing ci5es in Bri5sh Columbia.

• Unlike most First Na5ons across Canada, WFN Lands are not governed under the Indian Act. Rather, WFN Lands are governed under a modern comprehensive set of community laws. WFN has full jurisdic5onal control over its lands and resources.

Westbank First Na5on

Tsins%keptum IR #10 reserve

WFN Sta(s(cs• Number of reserves 5• Acreage of Westbank Lands 5,340• Total Westbank membership 855• Non-member residents 10,000• Businesses on-reserve 400 +

• Council: 54 Councillors and 1 Chiefelected by Membership every 3 years

• Advisory Council: 5elected by non-members every 3 years

• Budget $40 + million• Number of Employees 200 +

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Chief and Council Elected governing body (2016-19)

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Background

• October 18th, 1963 Westbank was given approval to form their own Band separa@ng from Okanagan Indian Band

• 1977 the 1st WFN band office opens

• 1981 and 1985 WFN was given authority to manage their Reserve Lands under the Indian Act

• 1990 property Taxa@on Implementa@on

• 1998 Self-Government Agreement in Principle signed with Canada

• 2003 Cons@tu@on and Land Code in effect

• 2005 Self Government Implemented

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Westbank Land Management

• Prior to 2003 Westbank was governed under the Indian Act with program authority and delegated powers from Canada for land management.

• Between July 1st 2003 and April 1st

2005, Westbank Lands were governed under a Land Code made pursuant to the First Na.on Land Management Act.

• Since April 1st 2005 Westbank Lands have been governed pursuant to the WFN Self Government Agreement and Community ConsKtuKon that came into effect under the Westbank First Na.on Self Government Act.

Land CodeJuly 2003

Indian Act Prior to2003

Self GovernmentApril 2005

Delegated Authority

• The Council consisted of a Chief and two Councillor

members.

• Approximately ten staff.

• Development consisted of mostly mobile home parks.

• 1973 Westbank formed its first corporaEon and entered

into their first residenEal 99 year Lease consisEng of

approximately 109 lots known as Lakeridge Park. This

development is registered in the Provincial Registry as

well as the Federal Registry.

• 1981 and 1985 WFN was granted control and

management over its Lands.

• RegistraEon of Instruments between 1981-2003 were

approximately 1,200

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Developments under Delegated Authority

• While under the Indian Act, several developments took place on CP Lands in the early 1990’s.

• The first shopping Centre known as the “Westbank Shopping Centre”

– ResidenJal Developments

– Bayview – consisJng of 205 homes– Grandview Terrace – 150 homes– Sun Village – Adult Community – 234 homes– Westlake Gardens – 85 homes

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Land Code• Under it’s Land Code, and subsequent Self-Government Agreement,

WFN has seen numerous social, economic, and governance benefits including:

• Increased accountability and transparency of WFN government

• PoliGcal and financial stability

• Security of land tenure (individual and collecGve)

• Increased opportunites for members (employment, business, educaGon, etc.)

• Improved standard of living and social web of community

• Increased capital investment on WFN Lands (infrastructure and associated land development)

• Increased cultural awareness and cultural programming

• Increased community pride.

• Significant increase in the local economy13

Land Code

• In order to effec.vely administer the Land Code and now currently the Land Rules, Westbank designed prescribed forms to be used in the registra.on or recording of interests dealing with or effec.ng Westbank Lands.

• These forms are to be used as follows:– Form WFN-01 Transfer of Interest in an Allotment or Cer.ficate of Poessession

– Form WFN-02 General Instrument

– Form WFN-03 Mortgage

– Form WFN-04 Other Registerable Instruments

– Form WFN-05 Execu.ons Con.nued

– Form WFN-06 Schedule

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WFN Self-Government

• It came into force under the WFN Self-Government Act in 2005.

• It reflects a government-to-government rela?onship between WFN and Canada.

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Very li(le development took place on WFN Lands prior to the mid 1990s, however with the implementa>on of a Land Code and subsequently Self-Government, we have seen:

• Stable government, legal structure and a strong founda>on of laws that have been a strong driver for growth and development on reserve lands.

• The lands system with clearly defined Land Rules, a Registry Regula>on, a Land Use Law, and a comprehensive Subdivision and Development Law has given all interested par>es and developers confidence in the lands system.

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Government Structures

Key Components of Westbank

Land Management• Westbank Lands retain their legal status as ‘reserve lands’ under

sec>on 91(24) of the Cons%tu%on Act (preserving both federal

underlying >tle and federal jurisdic>on).• Applies to all reserve lands, future reserve lands, or by agreement

other lands where Westbank jurisdic>on will apply.

• Cer>ficates of Possession and other legal interests are recognized

and protected.

• Establishes mechanism (Advisory Council) for non-Member

residents and persons having interests in Westbank Lands to have

input into proposed Westbank Laws that directly and significantly

affect them.

• Taxa>on powers are not affected (sec>on 87 of the Indian Act and

property taxa>on under sec>on 83 of the Indian Act con>nue).

• The Land Code rolled over and became the Land Rules

• Bylaws became Laws.

• 2005, legal services assisted a development in Westbank to aYain

Title Insurance. Title insurance is widely available on reserve

which gives comfort to borrowers and lenders.

Westbank Land Administra0on• Prior to July 1st 2003 (coming into force of the Land

Code) a lease, or any other legal instrument involving Westbank lands, could not be entered into without Ministerial approval.

• Today the WFN Director of Lands or designate, administers all land transac0ons.

• New interests created do not require Ministerial approval.

• Council approval is no longer required for the gran0ng of a new leasehold, easement, permit, licence, mortgages and transfers of interest in alloMedWestbank Lands.

• Membership approval is required for long term leases and licences on Community Lands (Lands not alloMed to individual Members).

Land Registry

• WFN is governed under the Westbank Self-Government Act. The WFN Self-Government Agreement between WFN and the Government of Canada is dated October 3rd

2003.

• Section 96 of the Self-Government Agreement allows Westbank to establish a lands register, known as the Westbank Land Register established by Canada for the registration of interests in Westbank Lands. It is a sub-system of the Indian Lands Registry System (ILRS) established under the Indian Act.

• Registration/Recorded Instruments from 2003-2018 are approximately 24,000

• The use and development of Westbank Lands is subject to Part XI of the WFN Constitution (the "Land Rules").

WFN Land Rules

• Sec0on 1.1.1 of the WFN Land Rules states, "interest in, and instruments which affect, or purport to affect, Westbank Lands shall be registered or recorded in the WestbankLands Register."

• The WFN Land Registry is a sub-registry under the Self-Governing First Na0ons Land Registry held in OCawa.

Land Registry Regula0ons

• Input into the dra6ing of the regula0on was received from a number of sources, including the banking community and legal counsel with exper0se in property transac0ons on-reserve.

• WFN Land Registry Regula0ons work in conjunc0on with the Land Rules. In the event of a conflict, the Regula0on will prevail with respect to the registra0ons of interests in Westbank Lands.

• In 2007 – WFN Land Registry Regula8ons came into force

• Enacted under the WFN Self-Government Act• Works in conjunc8on with the Land Rules as set

out in the WFN Cons8tu8on• Benefits of Land Registry Regula8ons:

– Establishment of priori8es– Expected registra8on process– Reduc8on of lending risk– Reduced cost of business– Security and certainty to investors and developers

Land Registry Regula8ons

Priori%es of Registered Interests

Priori%es of Registered Interests:

• According to %me and date of registra%on (s.28)• Registered mortgages has priority of subsequent registered

interest (s.30)• Interest registered before Regula%ons have priority over

those registered aCer Regula%ons came into force (s.33)

WFN Laws Related to Planning and Development

• Community Plan Law

• Subdivision Development & Servicing Law

• Land Use Planning Law

• Building Law

• Waterworks Law

• Sanitary Sewer System Law

• Residential Premises Law

** all Laws are on the WFN Website

GOVERNANCE STRUCTURE DE PA R T M E N T S

Chief Black Bear (skəm̓xist)Governance

Chief and CouncilAdministra<onLegal SecretariatLaw EnforcementInter GovernmentalCapital Projects

Chief Spring Salmon (skFlw̓is)Economy

Financial ServicesEconomic DevelopmentEmploymentProperty Taxa<on

Chief BiKerroot (sp̓iƛ̓əm)Land

Planning & DevelopmentTitle and RightsLands ManagementLands RegistryPublic Works

Chief Saskatoon Berry (sıy̓aʔ)Community

HousingEduca<onCommunity and Social ServicesHealth ServicesCulture & LanguageEldersFirst Na<ons Tax

Development Services • Engineering and Public Works

• Engineering is responsible for Public Works and Landscaping,including the design, construction and improvements of WestbankFirst Nation roads, sidewalks, street lighting, potable watersystems, sanitary sewer systems and bike paths. WFN works withthe City of Kelowna, the City of West Kelowna and the RegionalDistrict of the Central Okanagan on a range of planning initiativesrelated to transportation, regional growth strategies, watersystems, sewer treatment and the environment. Engineering hasmany short and long term objectives and strives to provideexception service to the community.

• Lands Registry

• The Lands Office carries out duties and responsibilies delegated orassigned under Part X1-Land Rules of the Westbank First NationConstitution. Under Part X1 we have a Registry where interestsand instruments which affect, or purport to affect. Westbank landsshall be registered or recorded in the Lands Register. Theseinstruments include Leases, Subleases, Mortgages, Allotments, etc.The Westbank lands Registry is federally regulated, enacted underthe authority of the WFN Self Government Act, and sets out asystem of land registration establishing priorities via onlineregistration. These regulations work in conjunction with the landRules.

Development Services

Planning and Development

WFN Planning and Development plays a central role in economic, social and cultural development through a technical and political process concerned with the development of land. The ongoing planning and coordination of development ensures that projects are sustainable, environmentally sound, and align with the sort and long term vision established by our community. WFN Planning and Development prepares land use plans, zoning regulations, laws and policies and provides professional assistance with all aspects of the development process.

Surveys

Under Sec-on 14.1(1) of the Self Government Agreement, Westbank may cause surveys to be made of Westbank First Na-on lands in accordance with the Canada Lands Surveys Act and the Canada Lands Surveyors Act.In 2014 WFN agreed to undertake a collabora-ve project with Natural Resources Canada to clarify their working rela-onship in regard to the standards for surveys and process for authorizing and approval of surveys within Westbank First Na-on Lands. This resulted in an Agreement between the two par-es.In 2017 Westbank also entered into an Agreement on the Electronic approval of Survey Documents pursuant to CLSR Plans and gives Westbank the authority to perform e-Approvals which refers to the process of reviewing and approving survey document, and communica-ng the result of that process, through electronic means, by u-lizing the web tool.

WFN Buildings

Sensisyusten Sncewips

Tsins%keptum IR #9 – Community Core

Tsins%keptum IR #9 – Private Beach

limləmt | thank you

For more informa3on: www.wfn.caDevelopment Services250.769.4999