Category: First Nations

Land on reserve cannot be sold. So when a developer builds a residential project on reserve land, the developer leases the land on which the project will be built, and then sells long term subleases for each home. The details vary from project to project, but typically, the buyer purchases a 99 year sublease, with all of the rent paid up front when he or she takes possession of the home. Banks can provide mortgage financing to fund the rent payment.

First Nations’ reserves contain some of Canada’s most beautiful land, including undeveloped properties that are frequently eyed by developers for large residential or recreational projects.

Originally published in the Sep 21, 2012 issue of the Lawyers Weekly.

Read the article here: http://www.lawyersweekly.ca/index.php?section=article&articleid=1743
 

From Our First Nations Law Group – Established a Limited Liability Partnership between a developer and First Nations members for development on Reserve lands.

Find out more about our First Nations Law Group: http://pushormitchell.com/service/first-nations

In 2008, the federal government introduced a significant shift in its First Nations policies by repealing the section of the Canadian Human Rights Act that excluded decisions under the Indian Act from scrutiny by the Canadian human rights system.

The first decision of the Canadian Human Rights Tribunal considering Indian and Northern Affairs Canada’s (INAC) leasing policies (Louie and Beattie v. INAC) was released in early 2011.

There are many words and phrases used in connection with First Nations Projects which have very specific meaning, and many acronyms used as short form, which can be challenging when first getting started. This article sets out some common words, phrases and acronyms and describes their meaning.

If you're thinking about forming a partnership, here are some things to think about before the partnership begins...
 
This article has been published in Native Business Development Magazine, a national publication focusing on the successes of First Nation, Inuit and Métis owned or managed businesses.

Where a proponent proposes a land use for Crown lands within a First Nation’s traditional territory, the Crown has a duty to consult the First Nation with respect to the effect on the First Nation’s traditional use of the land.  Proponents are often very engaged in the consultation process, as it is the proponent who stands to gain from approval of the land use.  Cases interpreting the Crown’s duty to consult are divided into three types: (1) those where an Aboriginal group asserts that it has a specific Aboriginal right, but has not yet proved that the specific

When a lender takes a mortgage over First Nations land “owned” by a non-Band member, their security is different than the security they typically receive for mortgages on other land.  In such a situation, the lender takes a mortgage over a leasehold interest in the land, not over the land itself.
 

There are generally two types of lands which may be leased on a First Nations reserve governed by the Indian Act:  lands allocated to individual members by a Certificate of Possession, often referred to as “CP Lands”, and lands which are unallocated and held for the benefit of the community as a whole, often referred to as “Community Lands”.