Mr. Speaker, I want to draw a few references from the remarks of the member for Churchill River. Unfortunately, I was not able to hear his whole discussion, but what I did hear I thought was very well put forth and very well thought out.
I think he could have used a little more emphasis on the benefits that can be derived from the protection of both the land owners, in this case the first nations, and the lessors of first nation lands. Bill C-49, which the member referred to, deals with this issue in a very positive manner. If we did not have Bill C-49, then maybe some type of legislation like this would be required. Unfortunately, this would be inappropriate.
We cannot willy-nilly and easily change the Indian Act. This is a long, drawn out process that would take the support of all members of parliament. Certainly I do not see that support, nor do I believe that most members of parliament see that support.
However, I speak to Private Member's Bill C-402, an act to amend the Indian Act, and specifically the obligations of landlords and tenants on reserve land. This bill seeks to have provincial landlord and tenant laws applied to leases on reserve land.
As everyone in the House is aware, reserve land is a federal responsibility. As such, provincial laws currently do not apply on reserve and I would dare to say they will not apply on reserve in the near future.
This is a complex issue. It is not an easy thing to change. We simply cannot give provincial laws jurisdiction where there is already federal jurisdiction and we do not have a willingness on the behalf of the land owners, in this case the first nation and the Government of Canada, to grant that jurisdiction.
The Indian Act sets out provisions relating to reserve land. Aboriginal people do not own land on reserve, unless the band council with the approval of the minister allots it to that individual, usually through a certificate of possession. Anyone with a certificate of possession may lease or sell land, subject to restrictions such as approval of the minister. All lands remain reserve lands under the Indian Act unless they have been surrendered conditionally or unconditionally to the minister.
To lease land on reserve the first nation must surrender the land to the minister for the purpose of being leased. To sell land it must be absolutely surrendered to the minister.
I want to go back to leased land on reserve. The first nation must surrender the land to the minister for the purpose of being leased. It is obvious that the jurisdiction and the responsibility and control is in the hands of the minister of the day.
Bill C-402 would provide the ability for provincial landlord and tenant laws to apply on reserve. Provincial laws may include the following provisions: the right to limit rent increases; the right to establish rules for terminating the lease, for example, evictions cannot occur without notice and reason; the obligation to meet certain standards of cleanliness and damage repair. That sounds right and most reasonable thinking people would ask why we cannot do this.
Again, it gets back to jurisdiction, and it gets back to the way we run the country. I am not saying that is correct, but I am saying that we cannot change it in the short term. In the long term with a lot of research and due diligence and study on everyone's part and the ability to sit down and discuss this perhaps, and certainly I for one would support anything that brings the first nations out from under the aegis of the Indian Act. It is an archaic piece of legislation; in the long term it is harmful and in the short term I would say it is discriminatory.
I would like to explain some of the reasons this piece of legislation in my opinion will not work.
We are imposing regulations on first nations. This is a step away from self-reliance for first nations. It is a step away from responsibility for first nations. It is a step away from self-government which all parties in the House have proposed to support. There is some discussion on what self-government is, but that is not in here. We are discussing something else altogether, a bill to impose provincial laws where there is federal jurisdiction. This changes one small segment of the Indian Act instead of removing the paternalistic and onerous obligations required by an act that was flawed from its inception.
Certainly the PC Party has always supported increasing first nations self-reliance and self-government, concepts that require first nations to assume control and responsibility of resources, land and administration. That sounds like leases of property to me. The bill before us contradicts that goal.
The Indian Act states that the first nations land is clearly under federal jurisdiction, so provincial rules have no authority on the first nations land if they contradict the Indian Act. One assumes that the first nations negotiated in good faith and continue to negotiate in good faith.
Since some first nations rely heavily on income derived from leased land, they must ensure rents are set at levels that ensure optimal use of that property. Under the Indian Act the first nation may lease land with the permission of the minister by surrendering or designating such land. This prevents first nations from optimizing economic development opportunities since the process can be time consuming. As well, this already ensures that some protection is available for tenants on first nation land since leases must receive federal approval.
Although I do not support Bill C-402, I see that there is a problem between landlords and tenants in relation to first nations land. However, that does not take away from the fact that first nations people need to be responsible for first nations land. At the end of the day we must recognize that they own first nations land. It is fine for them to decide they want to continue a lease for economic gain or opportunity. It is also fine for them to decide to discontinue a lease which they have the legal right to do.
Unfortunately provincial laws do not apply because it is within federal jurisdiction. It is a simple concept although some members have difficulty wrapping their heads around it.
I support making changes to the Indian Act. However this change already exists under Bill C-49. If it passes third reading and the bill gets through the House there will be provisions available for tenants and landlords to deal with one another. That is the way to do this in a democracy.
Although there may be some sympathy with the member and for the lessors involved, they did sign a binding contract with the first nations. They are responsible not only for their own investments but they are also responsible with the first nations. There is a binding contract. We have to give first nations responsibility. At the end of the day we may not be happy with every single thing that is done, and the first nations may not be happy, but in a democracy the first nations have the right to be masters in their own home. It is as simple as that.