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New Land Management Legislation
Beginning in 1987, the Nipissing Nation, one of 14 Nations from across Canada who were “granted” land management delegation began meeting to discuss problems associated with these delegations. As a result of these early meetings, all 14 participating Nations detailed the same problems associated with this type of authority delegation. In 1989, the 14 Nations from across Canada began to actively pursue new land management legislation. With a team made up of the Chiefs, Land Managers and hired technicians, with the primary goal of regaining control over land and resources. The initiative to develop new land legislation was proposed by the participating 14 Nations to the Department of Indian and Northern Affairs.
On February 12, 1996, 14 Nations from across Canada signed the Framework Agreements with the Minister of Indian Affairs. This document was a government to government arrangement re-establishing the management of reserve lands under a Nation’s authority outside the Indian Act. The Framework Agreement set in place provisions for assuming direct Nation control over their lands and resources by enacting individual Land Management Codes under the proposed New Land Management Act.
This successful alliance culminated with the June 2003 plebiscite by the Nipissing people that approved and enacted the Nipissing Land Code. The code sets out processes for the enactment of land laws. To date, the Nipissing Land Law Development Committee has drafted and enacted the Nipissing Enactment Law, Matrimonial Property Law, Shoreline Regulations and Permit, an ATV Recreational Vehicle Law and Grants of Entitlement Law. Commercial and industrial lease, a quarry lease, blasting regulations, land use permit, environmental and biological recognizance reporting forms, and the Nipissing Residential Lease, have been developed and adopted for use. The residential lease was developed by an ad hoc committee comprised of Councillors, Nipissing Land Staff and Lessees. The lease retired Canada representation on behalf of Her Majesty the Queen on lease agreements at Nipissing. This lease provides for the much needed mortgage capability not provided under Canada’s lease. This is the first lease developed in a direct relationship between the rightful owners of the land and its clientele.
The LU Committee is set to review the draft forms for the Zoning Law, Business Licensing Law, commercial industrial land use regulations, residency, archaeological management plan and environmental management plan. Up for debate in the coming year is the issue of permitting ‘mechanics liens’ against improvements.
Since 2003, economic development opportunities have opened the doors for improving the relationship between Chief and Council, the Membership of Nipissing and Nation Member businesses. While the success cannot be attributed as a direct cause of the Land Management Act as these lands are located in the unsold surrendered lands of Nipissing, thereby, not under the Land Management Act, the same leases and permits provided on Nipissing Reserve are provided there.
However, almost all these businesses do not reap any ‘registration of documents’ that may assist the business in attaining grant, and or mortgages for capitalization or operation. Neither does Canada provide dollars for the management of these businesses on those lands as there is no accountability through registration of these land allotments. However, Nipissing’s development strategies are utilized on all Nipissing lands. Therefore it can be said that these commercial industrial opportunities have had some impact from better land management structures and controls. These businesses have developed infrastructure for their businesses and can be said to contribute to the overall well-being of the Nipissing people.
Nipissing Land Office developed a survey that was circulated in the Spring of 2010 to these 35 businesses located within Nipissing lands. Forty percent (40% ) of the businesses answered the survey. The response to the commercial industrial survey provided some data on employment. The information received back from the respondents, revealed that these businesses employ 155 individuals. Jobs were provided for 43 Nipissing Nation members, 63 native people from other Nations and 49 non-native people. The salaries or wages costs reported at a little under $6.6 million dollars, and averaged at $42,808.00 per employee. From these numbers we may estimate that the other 60% of the businesses may provide an additional 231 jobs at an estimated additional salary or wage cost of $9.9 million. A estimated total or 386 jobs provided through these businesses and a estimated value of $16.5 million dollars into the local economy for employment.
Other areas covered by the questionnaire attempted to capture infrastructure costs, capital and improvement investments, emergency, services and fire protection information. It is the intent of Nipissing Land Office to attempt an annual survey to provide this type of data for the Membership of Nipissing as well as to show the contribution of the businesses in providing employment.
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