Land Designation

Wallace Hills
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Wallace Hills IR#14A
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Land Designation
Wallace Hills: History and Overview
1965: The Department of National Defense
transferred property in Hammonds Plains to the
Federal Crown to provide a site for the
relocation of Indians close to a centre of
employment.
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Land Designation
Wallace Hills: History and Overview
1973: Late Chief John Knockwood requested via a
Band Council Resolution (B.C.R.) for the land to be
transferred to the Shubenacadie Band.
1981: Nova Scotia chiefs pass a resolution to grant
ownership of Wallace Hills to the Shubenacadie
Band.
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Sipeknekatik July 2014
Land Designation
Wallace Hills: History and Overview
2011: Wallace Hills IR#14A is ofcially created and
becomes part of the Shubenacadie Band through
the Additions to Reserve Policy of Aboriginal Affairs
and Northern Development Canada (AANDC).
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Sipeknekatik July 2014
Land Designation
Wallace Hills: History and Overview
2011: Chief Jerry Sack and council pass a B.C.R.
that states
that until the Shubenacadie Band has enacted
a Land Use Bylaw for the Wallace Hills Reserve, no
settlement or development of any kind at Wallace
Hills shall be permitted or valid unless Council has
passed a Band Council Resolution specically
permitting the settlement development.
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Sipeknekatik July 2014
Land Designation
Wallace Hills: History and Overview
2011: Shubenacadie Band takes part in AANDCs
new Land Use Planning Pilot Project (L.U.P.P).
2011: Band requests nancial support from AANDC
for the project proposal called the Designation and
Development Planning - Wallace Hills Reserve.
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What Is A Land Designation?
Land designation is a process to gain permission from band
members to use band lands held in trust for band members for
commercial activities.
Land designation requires the consent from the band through a
referendum.
Designation identies an area of land for certain time, use and
purpose.
Designated land retains its reserve status.
Designation can be for 1-99 years (99 years is most common).
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Why Designate?
For legal purposes.
Makes band land business friendly.
Businesses can apply for bank loans if reserve land is
designated for commercial use.
Rent is collected from leasing out reserve land

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Benets Of Land Designation
Generates Revenue
Economic development
Regulate businesses
Still tax exempt for Status Indians
(continued on next slide .. )
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Benets For The Band
Band can re-invest money back into our communities for long-term
benet of the band in these areas for example:
Infrastructure
Housing
Employment
Improving existing band business
Create new business opportunities
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Land Designation
Can Land Be Un-Designated?
Yes, lands designated for commercial development
can be undesignated.
Most common way to undesignate land is by way of
a Band Council Resolution passed by Chief and
Council requesting the Minister of Aboriginal Affairs
to undesignate the specied area.
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What Is A Lease?
A lease is a legal agreement.
Could be a Head-Lease or a Sub-Lease.
Revenues are collected by way of a lease.
Lease payments are based on fair market or can be less than fair
market (which is sometimes referred to a nominal rent and it could
be anywhere from a $1 and up). If nominal rent is chosen a
justication must be provided as to why fair market was not used.
Fair market value would still be applied to sub-leases.



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Fair Market Head Lease
The Bands Economic Development Corporation could enter into a
head lease for fair market rent with AANDC.
Revenue collected from the head lease would be held in trust for the
band in Shubenacadies Revenue Account at AANDC.
Band Council can access this money through a B.C.R.
Any transactions for money held in trust by AANDC must be recorded
in the bands annual nancial audit (which is posted on the bands
website, shubenacadieband.ca)
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Fair Market Sub-Lease
Sub-Lease: could be an agreement between the Bands Economic
Development Corporation and an individual business owner.
Sub-Leases would be negotiated by the Economic Development
Corporation.
The Revenue from the sub-lease would be collected by the
Economic Development Corporation and held in trust by them.
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Land Designation
Referendum Question:
Do you agree to the DESIGNATION, of Wallace Hills IR. 14A for
general commercial and light industrial leasing purposes, the whole
of lots identied on Plan No. 96377 CLSR as:
Lot 325 containing 5. 14 hectares more or less and;
Lot 327 containing 0.900 hectares more or less and;
Lot 328 containing 0.259 hectares more or less and;
Lot 330 containing 48.5 hectares more or less.
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Land Designation
Referendum Question was determined by Chief and
Council following community consultation sessions
held in Indian Brook and Halifax in May 2014.
Majority of band members who attended these
meetings expressed a desire to pursue land
designation for fair market for Wallace Hills.
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Land Designation
Who Can Vote?
Band members who reside on and off reserve.
18 years of age and older.
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Land Designation
What Is The Voting Process?
A polling station will be set up at the Indian Brook Multipurpose
Centre on the day of the referendum on August 22, 2014.
Band members can vote in person between 9 a.m. and 8 p.m.
Off-reserve band members can mail-in their ballot which was
included in the information packages mailed to them in June 2014.
Band members can request a mail-in ballot at the band ofce if
they plan to be away on August 22. (See Alan Knockwood)
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Land Designation
What Determines A Successful Vote?
Majority simple
Whoever votes (whether in person or by mail in ballot) if 50
+ 1% vote yes, it is a successful vote (If 100 people vote
and 51 vote in favor, it is successful).
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Land Designation
Frequently Asked Questions
Is the Land Designation referendum about the 1919
Land Claim?
When will the 1919 Land Claim be dealt with?
Will band members be given priority for any future
employment opportunities in Wallace Hills?
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Land Designation
Frequently Asked Questions ( continued)
Who will determine the amount of the sub-lease in
Wallace Hills?
Will a band member be required to pay a lease if he/she
wants to open up a business in Wallace Hills?
Will Status Indians be charged tax (HST, GST) on
reserve land designated for commercial use in Wallace
Hills?

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Land Designation
Frequently Asked Questions ( continued)
Will band members who own businesses in Wallace
Hills be required to collect the sales tax from non-
status customers?
What is the advantage of Fair Market over nominal?
How do we know the money held in trust for band
members will be used for the benet of all band
members?
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How Can I Obtain More
Information?
Extra Information packages are available at the band ofce.
Please contact Alan Knockwood (alanknockwood@shubenacadieband.ca) or
Rosalyne Grant (rgrant@shubenacadieband.ca). at the band ofce if you wish
to receive an information package.
Please ensure the band ofce staff has your correct mailing address if you
have not received an information package and wish to have one mailed to
you.
The information package, will be posted on the bands website,
shubenacadieband.ca as of July 17, 2014.
This presentation will also be available on the bands website as of July 17,
2014.
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