Real Estate Development on First Nation Lands 2023
November 16 & 17, 2023 at 9:00AM PST
Downtown Vancouver and Live Webinar
Real Estate Development on First Nation Lands 2023
November 16 & 17, 2023
Overview
Developing real estate on First Nation lands presents unique challenges and opportunities. This comprehensive two-day forum assembles expert faculty, from a variety of perspectives, with extensive experience dealing with real estate development on First Nation lands. They will review the various legal processes, offer insights on negotiations, and highlight the practical considerations and key elements of successful projects.
Key Areas Addressed:
How to navigate the different land regimes and the laws that can impact development
How to structure and draft headleases and sub-leases
Case studies and lessons learned from important development projects in BC
The application of provincial laws including the Residential Tenancy Act
How to structure development deals
How to build relationships between First Nations and municipalities and prepare successful servicing agreements
Upcoming changes to the land code regime
This Forum is Designed For:
First Nations leaders and officials
First Nations development companies
Municipal officials, managers, planners and lawyers
Federal and provincial officials involved in the development of reserve lands
Real estate developers and resource companies
Lawyers and in-house resource company counsel
Professionals in the utilities, banking, and real estate development industries
Consultation and treaty negotiators
Lawyers, accountants and other advisors acting for First Nations and/or developers
Indigenous Scholarship Program
PBLI offers sponsored registrations to individuals of First Nation, Inuit, or Métis Descent. One sponsorship is available per program. This sponsorship program is designed to make the education and networking opportunities at our conferences more accessible to Indigenous communities. For application details, please click here.
Agenda
November 16, 2023 (Day 1)
9:00 - Welcome by PBLI
9:05 - Chairs’ Welcome and Introduction
Andrea East
Partner, Pushor Mitchell LLP
Janelle Dwyer
Partner, Mandell Pinder LLP
9:15 - Overview of Different Types of First Nations Lands and Jurisdictions
Janelle Dwyer
Partner, Mandell Pinder LLP
Indian Act land regime
Land codes
Self government
Modern treaty lands
Fee simple lands pursuant to Reconciliation Agreements
10:15 - Questions and Discussion
10:30 - Refreshment Adjournment
10:50 - Headleases and Subleases
Andrea East
Partner, Pushor Mitchell LLP
Common headlease structures
ISC’s current leases
Other lease structures
Review of some of the structures for headleases in older projects
Subleases
Provisions for strata-style subleases with common costs for common property
Other sublease structures
CMHC Considerations
Stand alone leases
11:50 - Questions and Discussion
12:00 - Catered Lunch
1:00 - BC Housing Initiatives On and Off Reserve
Naomi Brunemeyer
BC Housing
Scope of the current BC Housing Initiative
Key steps on vs off reserve: applications, ownership, designation, incorporation
Key agreements: loan agreement, leases, mortgages, operating agreements
1:50 - Questions and Discussion
2:00 - Refreshment Adjournment
2:15 - Residential Tenancy Jurisdiction and Rentals on First Nation Lands
Peter Millerd
Partner, Mandell Pinder LLP
Constitutional principles
Section 88 of the Indian Act
Tenancy law in BC
Policy in BC: Residential Tenancy Policy Guideline, No. 27, dated November 2022
The state of the law in other provinces
3:05 - Questions and Discussion
3:15 - Case Study: Heiltsuk Housing Society
Leo Lawson
Capital Projects Manager, Heiltsuk First Nation
Kathryn Nairne
Partner, David Nairne + Associates Ltd.
Project description
Overview of the Heiltsuk Housing Society
Key takeaways: what worked well and tips for others
4:05 - Questions and Discussion
4:15 - Chairs’ Closing Remarks
4:20- Forum Concludes for Day One
November 17, 2023 (Day 2)
9:00 - Welcome and Reflections on Day One
Andrea East
Partner, Pushor Mitchell LLP
Janelle Dwyer
Partner, Mandell Pinder LLP
9:10- Purpose-Built Rental Developments
Andrea East
Partner, Pushor Mitchell LLP
CMHC incentive program
How it works
10:00 - Questions and Discussion
10:10 - Refreshment Adjournment
10:30 - Real Estate Valuation on First Nations Lands
Clifford Smirl
Partner, Kent Macpherson
11:20 - Questions and Discussion
11:30 - Structuring the Deal and the Relationship
Matthew Singerman
Partner, Clark Wilson LLP
Jared Knott
Associate, Clark Wilson LLP
Options and considerations for key issues, including:
Parties and roles – including partnership models
Development agreements
Head leases, sub-leases & associated tenures
Financing
Servicing and infrastructure
12:20 - Questions and Discussion
12:30 - Networking Lunch
1:30 - First Nation and Municipal Relationships
Alana DeGrave
Managing Partner, Woodward & Company LLP
Peter Jones
Partner, Woodward & Company LLP
Legal obligations
Reconciliation and relationship building
Servicing agreements
Land use planning, zoning and bylaws
2:20 - Questions and Discussion
2:30 - Refreshment Adjournment
2:45 - Changes to the Land Code Regime
Andrew Beynon
Director, Land Code Governance, First Nation Land Management Resource Centre
Gregory Steves
Vice President, Policy and Legal Services, BC Land Title and Survey Authority
What’s new in the regulatory regime governing Land Codes: repeal of the First Nation Land Management Act
What does the Framework Agreement say?
National registry system – development and implementation
3:45 - Questions and Discussion
3:55 - Chairs’ Closing Remarks for Day Two
4:00- Forum Concludes
Meet the Co-Chairs
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Partner, Pushor Mitchell LLP, Kelowna, BC
Ms. East assists First Nations and the organizations that do business with them to navigate the regulatory systems governing their economic and real estate development projects. Ms. East also provides advice on the liability and governance considerations of various business structures, and prepares and reviews the associated agreements. Ms. East has been involved in numerous successful on-reserve real estate developments in British Columbia.
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Partner, Mandell Pinder LLP, Vancouver, BC
Janelle Dwyer is a partner with Mandell Pinder LLP and a member of Splatsin First Nation. Janelle regularly advises on land transactions both on- and off-reserve, including land acquisitions, developments on and management of reserve land, and additions to reserve. She also advises First Nations on business and governance issues and negotiates on behalf of First Nations with private companies and the Crown.
Meet the Faculty
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Director, Land Code Governance, First Nation Land Management Resource Centre, Kelowna, BC
Andrew Beynon has over thirty-five years experience working on First Nation lands and self-government. Andrew has worked on land development, environmental protection, environmental assessments, additions to reserve and treaty land entitlement, economic development, specific claims, federal-provincial agreements, optional self-government legislation, taxation, infrastructure projects, reform of federal funding agreements, work with First Nations drafting laws and many other areas. Andrew was Canada’s lead lawyer on the Nisga’a treaty and has considerable experience with negotiations as well as drafting and has appeared on numerous occasions before Parliamentary Committees. Andrew is one of the authors of “Modern First Nations Legislation Annotated”, a legal publication which includes a chapter dealing with the Framework Agreement and the federal legislation which ratifies the Framework Agreement.
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Director Regional Development, Lower Mainland, BC Housing, Vancouver, BC
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Partner, Woodward & Company LLP, Victoria, BC
Alana is a solicitor and has had the privilege to work with, and learn from, Indigenous organizations and individuals in BC and across Canada for nearly 20 years. Alana’s solicitor work focuses on working with First Nations in developing and implementing tools for self-government related to their lands, including land code implementation, drafting laws and policies, adding lands to reserve and pursuing development on their lands. Originally from Winnipeg, Alana took an undergrad in psychology back in her home city. Her educational background in both psychological and sociological studies motivated her to pursue justice and truth from an early stage- and would eventually lead her to study law at the University of Victoria. Now with more than a decade of experience with Woodward and Company, Alana has contributed to a number of significant cases, including the ground-breaking Tsilhqot’in Aboriginal Title case.
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Partner, Woodward & Company LLP, Victoria, BC
In his practice as a lawyer at Woodward and Company, Peter provides strategic and practical advice to Indigenous governments and organizations across Canada to support and implement self governance and economic development. HIs primary areas of practice are governance matters, lands issues business and economic development, resource negotiations, business associations, and employment. Peter regularly develops and advises on First Nations laws and policies. Peter also has a background in litigation, having represented clients at all levels of court of British Columbia, and the Supreme Court of Canada, as well as appearing before many administrative tribunals. He has been at Woodward and Company since 2015, and he became a partner in 2021. Peter holds a law degree from the University of Alberta and a Bachelor of Music (with distinction) in music performance from the University of Victoria. He is called to the British Columbia, Manitoba and Yukon Bars.
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Associate, Clark Wilson LLP, Vancouver, BC
Jared is Cree-Métis and is a member of the Kelly Lake Cree Nation. Jared assists on a wide range of commercial and environmental matters, major project environmental assessments and negotiations, and general business matters. On every case he works on, Jared begins by thinking of what he’d want for his own First Nation if it were in a similar situation, whether his client be an Indigenous Nation or an industry proponent. This mindset enables Jared to find the most effective solutions for his clients.
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Capital Projects Manager, Heiltsuk First Nation, Bella Bella, BC
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Partner, Clark Wilson LLP, Vancouver, BC
Having transitioned from the role of general counsel at one of Canada’s pre-eminent builder-developers involved in First Nations development partnerships, Matt brings a wealth of first-hand client insight to Clark Wilson’s Commercial Real Estate and Indigenous Business Law practice groups. He advises clients, including a number of British Columbia’s First Nations and their economic development corporations, on a range of real estate and business matters, including acquisitions and dispositions, partnerships and other joint ventures, development and construction, and leasing. Matt has also successfully advised on key transactional legal agreements for many complex multi-property and multi-jurisdictional commercial real estate projects across Canada. He aims to always be a strategic and fair negotiator to balance the needs of the client and the transaction.
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Partner, Mandell Pinder LLP, Vancouver, BC
Peter’s service began as a law clerk in the Court of Appeal for BC in 2009 from where he embarked on a special assignment with the court on the Aboriginal title case of Tsilhqot’in Nation v. British Columbia. Acting for First Nations in Aboriginal rights and title litigation, and pursuing historical claims before the Specific Claims Tribunal, Peter is committed to working with Indigenous peoples and communities to achieve their goals, including the recognition and protection of their rights, securing economic benefits, and achieving self-governance. Peter has also advised First Nations administrative tribunals and acted for First Nations seeking judicial review of administrative action. His practice focuses on Aboriginal and constitutional litigation, including Aboriginal rights, Aboriginal title, fiduciary duties, consultation and accommodation, reserve land issues, and governance matters.
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Partner, David Nairne + Associates Ltd, North Vancouver, BC
Kathryn is a Senior Planner and Partner with David Nairne + Associates Ltd. and has worked with municipal, regional, provincial, territorial, and Indigenous governments throughout British Columbia, the Yukon and Alaska over the past. Her expertise and passion lie in community engagement, policy development and affordable housing. Her process starts with discussions to identify key issues from multiple stakeholders and developing agendas and processes that promote dialogue and includes the design and execution of innovative and inclusive engagement strategies from visioning through to action planning. She is highly experienced in many public participation techniques which contribute significantly to the decision-making process. Additionally, Kathryn is Department Chair and Instructor in the Langara College Applied Planning program. In her down time, Kathryn most values spending time with her family, her Labradors and her horses.
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Partner, Kent-Macpherson, Kelowna, BC
After completing his Undergraduate degree (History) and Masters of Business Administration degree, Mr. Smirl completed post graduate certificates in Real Property Valuation and agriculture studies (wine business management and sustainable urban agriculture). As a designated appraiser specializing in on-reserve real estate valuation and consulting assignments throughout the province, Mr. Smirl has an extensive background in completing complex appraisal assignments on and off reserve lands.
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Vice President, Policy and Legal Services, BC Land Title and Survey Authority, New Westminster, BC
Gregory Steves, BA, MCP, RI(BC) provides leadership to the Policy and Legal Services Division and supports the LTSA’s strategic growth and operational efficiency objectives. Gregory brings over 20 years of experience with the BC Public Service, primarily focused on land and real estate matters. He has held a number of positions with the Government of BC and was appointed Assistant Deputy Minister of the Office of Housing and Construction Standards in June of 2016. In that role, Gregory was responsible for building codes and standards, affordable housing policy and programs, and education and dispute resolution services for landlords and tenants.
Registration Form
Program:
Real Estate Development on First Nation Lands 2023
Date:
November 16 & 17, 2023
Location:
UBC Robson Square (800 Robson Street - Classroom level), Vancouver, BC
Registration:
The registration fee is $1,395.00 plus GST of $69.75 totalling $1,464.75 for webinar and in-person attendance. Registration fee covers your attendance at the program and electronic materials. In-person attendance includes a catered lunch and refreshments throughout the day.
Early Bird Discount:
Register by October 19th, 2023 and receive a $200 discount on the registration fee ($1,195.00 plus GST). Discounts cannot be combined.
Group Discount:
Register four persons from the same organization at the same time and you are entitled to a complimentary fifth registration. Discounts cannot be combined.
If you would like to register a group, please fill out this form and email it to registrations@pbli.com:
Payment:
You may pay by VISA, Master Card or cheque. Cheques should be made payable to the Pacific Business & Law Institute and mailed to Unit 2-2246 Spruce Street, Vancouver, BC V6H 2P3. Please do not send cheques via courier with signature required.
When and Where:
Check-in begins at 8:30 a.m. The program starts at 9:00 a.m. (PDT). UBC Robson Square is located at 800 Robson Street in Vancouver, BC, and our event will take place on the classroom level. Please visit https://robsonsquare.ubc.ca/find-us/ for directions.
Materials:
The faculty will prepare papers and/or other materials explaining many of the points raised during this program. Materials will be distributed electronically. Please contact us at registrations@pbli.com if you are unable to attend the program and wish to purchase a set of materials.
Cancellations/Transfers:
Refunds will be given for cancellations (less a $60.00 administration fee) if notice is received in writing five full business days prior to the program (November 9, 2023). After that time we are unable to refund registration fees. Substitutions will be permitted. We reserve the right to cancel, change or revise the date, faculty, content, availability of webinar or venue and transfer in-person registration to webinar registration for this event.
To register by phone:
Telephone us: 604-730-2500
Your Privacy:
We will keep all information that you provide to us in strict confidence, other than to prepare a delegate list containing your name, title, firm and city for our faculty and the program delegates. We do not share our mailing lists with any non-affiliated organization.
Course Accreditation:
Attendance at this course can be listed for up to 12 hours of continuing professional development credits with the Law Society of BC. For practitioners in other jurisdictions, please check your governing body’s CPD requirements.
If you would like to register a group, please fill out this form (DOWNLOAD FORM) and email it to registrations@pbli.com; for individual registration, please continue with form below.