Mr. Speaker, I will continue my remarks with regard to the impact of the framework on municipal governments. As the former president of the federation of municipalities and as a member of the Standing Committee on Aboriginal Affairs and Northern Development, I offer the following perspectives.
We prefer that first nations and their neighbours work out issues among themselves without our interference. We strongly believe this bill and the framework agreement will pave the way for better understanding and closer relationships between first nations and neighbouring municipal governments. They remove some of the constraints that impede the building of partnerships between first nations and neighbouring communities.
First nations recognize the necessity of consulting with neighbouring municipal governments to establish long term co-ordinated approaches to development and servicing. These consultative processes are already in place. First nations are already working with the Union of British Columbia Municipalities to develop the appropriate consultation mechanism.
In its January 20 response to this issue, the UBCM indicated that on the recommendation of the aboriginal affairs committee, the UBCM executive endorsed in principle the idea of mutual consultation. The letter also stated: “Further, the aboriginal affairs committee believes that the ideas contained in the draft discussion paper attached hereto are a very good starting point for the negotiation”.
In other words the UBCM supports that in the following areas: the land use plans in existence at the time of agreement and in the future; environmental impacts for development on their lands; the provision of local infrastructure and services to their residents; cross-boundary land use issues; other matters of general concern relating to land development and its effect on the respective adjoining lands. Consultation and discussions will occur in a round table format to which all parties will be invited. Individual agreements between neighbouring B.C. first nations and B.C. local governments will be encouraged. The local governments affected in support would be Vancouver, North Vancouver and Kelowna along with the five first nations already mentioned. I mention that particularly for my colleagues across the way.
Various land and resource management initiatives will again proceed. First nations will be able to sign servicing agreements with their neighbours on such matters as water, sewer services, schools, roads, and so on. In one case one first nation has already loaned money to a neighbouring municipal government to help complete a water project.
I also point out that there are over 100 active service agreements between first nations and neighbouring municipal governments in the province of British Columbia in the areas of water, sewer, transportation and schools.
I further point out that the Centre for Municipal Aboriginal Affairs which is based in Ottawa would indicate again how, from a best practices standpoint, first nations and municipal governments work together not only in British Columbia but right across the country.
I would like to address the concerns of third parties who are neither provincial nor municipal. They are, for the most part, individuals or associations representing individuals who have leased property on first nations land. Let me emphasize that any interest currently held by third parties will transfer to the jurisdiction of the first nation with the original terms and conditions intact. At the expiration of these interests, the lessee, like lessees anywhere in Canada, will have the opportunity to negotiate directly with the first nations to remain on first nations land.
Members will appreciate that while provinces and municipal governments were consulted extensively in the development of this act, the department had neither the resources nor the time to consult with individual lessees affected. Some meetings did take place, however. For example, department officials met with the Ontario Association of Cottage Owners last September and most recently with the Musqueam Home Park lessees. Wherever the concerns of third party leases were brought to the government's attention, federal officials did meet to try to address these concerns.
Third party tenants will not have an opportunity to vote or have input into the land code because they have no proprietary rights to the effect that lands are on the existing lease, licence or permit. Therefore voting rights under this regime have been restricted to those directly affected by the delegation process under the Indian Act who do hold proprietary rights to the affected lands, in other words the band members.
This House can be assured that individual third party leases are and will continue to be notified by Canada and the first nation where the first nation opts to come under the new regime. The framework agreement and this bill require that they be informed of the proposed land code, the first nations land management act and the date of the vote.
One of the attentions of the new land management regime is to foster partnerships between interested parties such as provincial governments, municipal governments and private industries that deal with first nations on a daily basis. We hope that all will participate in making sure that the relationships foster mutual respect and co-operation.