WHEREAS local governments seek to build strong relationships with First Nations and support their economic development aspirations; AND WHEREAS local governments have in good faith developed service agreements with First Nations to facilitate economic development on reserve lands, despite the fact that: - reserve lands are exclusively federal lands and jurisdiction, outside of local government regulatory and taxation authority, and yet reserve lands are included within local government boundaries; - there is an inability for local governments to regulate utility services on reserve lands; and - without effective regulatory tools, local governments are exposed to financial, environmental and public health liability if a problem arises with a local government service provided to reserve lands: THEREFORE BE IT RESOLVED that the provincial and federal governments work with UBCM and First Nations to close the regulatory gap that presently exists regarding the establishment of service agreements between local governments and First Nations; AND BE IT FURTHER RESOLVED that the provincial and federal governments, in collaboration with UBCM and First Nations, provide local governments with effective legislative tools to protect themselves and reduce their exposure to financial, environmental and public health liability.
Ministry of Aboriginal Relations and Reconciliation Respectful relationships between local governments and First Nations are the necessary foundation in order to effectively plan and work together on matters of mutual interest, including the negotiation of contractual arrangements, such as service agreements. The Province acknowledges the complex infrastructure and accountability interests that were raised by local governments in the context of development on Indian Reserve lands and understands the concerns around planning, provision of services and maintenance of these projects. While there are challenges in determining which laws may apply to Indian Reserve lands, particularly as the courts continue to consider these matters, there are examples where provincial legislation and municipal bylaws have been held to be valid and enforceable on reserve. The provincial government, through the Ministry of Community, Sport and Cultural Development, in consultation with the Ministry of Aboriginal Relations and Reconciliation, is monitoring the topics of service provision, taxation and regulation and enforcement. The Province continues to be willing to work with local governments to discuss specific challenges they may face recognizing that, at the core of these issues, is the value of establishing strong and cooperative working relationships with First Nations.