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HomeMy WebLinkAboutBusiness Nisk'a Use Permit (Jun 18, 2024) Condensed - Open House Tsuut’ina Nation Business Nisk’a Use Permit Policies and Procedure s PP.BN.2403 “Land was to be shared by all and from this flowed the fundamental law to respect all things and everybody around.” – Tom Heavenfire (The True Spirit and Original Intent of Treaty 7, 1996) Preamble As per our 11 Land & Environment Principles: “Tsuut’ina Nation Lands are for the use and benefit of all Tsuut’ina citizens, Tsuut’ina Nation Citizens have a collective responsibility to retain the quality of land, air, water, and biodiversity, and to manage this natural capital in a way that conserve s all of its values, be the environment, economic, social, or cultural for the present and Wusa (future) generations. Tsuut’ina lands are Assigned for Citizens to occupy and use pursuant to the customs and traditions of the Nation.” Business Nisk’a Use Permit PP.BN.2403 May 23, 2024 © Tsuut’ina Nation General Title 1. The title of this document is the Tsuut’ina Nation Business Nisk’a Use Permit Policies and Procedures, as ratified by the Tsuut’ina Nation through the Legislative Process Act. 2. The Tsuut’ina Nation Business Nisk’a Use Permit Policy will be referred to as “This Policy” throughout this document. 3. The Tsuut’ina Nation through Nisk’a Governance, Nisk’a Management and Land Use Planning have developed this “Tsuut’ina Nation Business Nisk’a Use Permit” referred to as the “Business Nisk’a Use Permit Policy.” Statement of Principle 4. Tsuut'ina Nation has the inherent right to self-determination since time immemorial. As a sovereign Nation, we have the autonomy to determine our Wusa (future) through our principles that are transparent, through equality and honesty to all peoples. This Policy will preserve our connection to our Tsuut'ina Nation Nisk’a (lands inclusive to all natural resources & elements), Gunaha ūwā Náhīnāníshá Ōghà Náhīníhīnáʔō-hī (language and culture) as foretold to protect future generations. 5. The Collective Rights of Tsuut’ina Nation Citizens supersede Individual Rights. 6. Tsuut’ina Nation Legislation will be applicable to this document, including, but not limited to: (a) Accountability Code; (b) Animal Control Bylaw; (c) Citizenship Code; (d) Housing Policies; (e) Permit Regulations; (f) Residency Law; (g) Trespass Law; and (h) Other documents ratified through the Tsuut’ina Legislative Process Act. Purpose, Scope, and Application 7. The purpose of this Policy is to regulate Tsuut’ina Nation Nisk’a business activity and provide protection and sustainability of the Tsuut’ina Nation Nisk’a and environment. 8. Tsuut’ina Nation Nisk’a are held in the collective interest of the Tsuut’ina Nation for the right, use and benefit of the Tsuut'ina Nation Citizens under the authority of the Tsuut’ina Head Chief and Minor Chiefs. Through this Policy, Common Lands can be permitted for a particular use by a Tsuut’ina Nation Citizen or a Tsuut'ina Nation Department. PP.BN.2403 Business Nisk’a Use Permit © Tsuut’ina Nation May 23, 2024 9. The 11 Land & Environment Principles must be adhered to for the protection of the Nisk’a, environment, cultural and historical sites for each business Nisk’a use activity or development. 10. This Policy is applicable to all Common Lands and any of the following exclusive and non- exclusive business Nisk’a use activities and development: (a) agricultural, cultivating, and pasturing; (b) Tsuut’ina Nation business; (c) Tsuut'ina Nation Nisk’a Assignments; (d) Tsuut'ina Nation community special events; and (e) Tsuut'ina Nation community buildings. 11. A Business Nisk’a Use Permit grants permission or access, identifies the location, and sets the conditions, terms, and fees for an activity or development and will: (a) direct the activity of development in the most suitable location; (b) manage the amount of activity in a site, as well as the timing; (c) minimize the impact or footprint that industry, tourists, and recreational users have on the Tsuut'ina Nation Nisk’a; (d) protects the environment, cultural and historical sites; and (e) ensures that Business Nisk’a Use Permit holders return the site to the original condition when the activity or development is expired. 12. This Policy will be administered through the Lands Administration Portfolio. 13. This Policy will apply to the following parties involved in the Business Nisk’a Use process: (a) Tsuut'ina Nation Head Chief and Minor Chiefs; (b) Land Advisory Committee; (c) Lands Administration Portfolio; (d) Tsuut’ina Nation Citizens; (e) Tsuut’ina Business Owner(s); (f) All Nation Portfolio’s and Departments; and (g) All Nisk’a Use Assignments. Governing Authority 14. The Tsuut’ina Nation Head Chief and Minor Chiefs have full governing authority for this Policy. 15. At the time of a Duly Convened Meeting of the Head Chief and Minor Chiefs, a full Quorum of voting members must be met in order for BCR/Leadership made a decision (translation to be provided later) to be passed. Business Nisk’a Use Permit PP.BN.2403 May 23, 2024 © Tsuut’ina Nation 16. The Lands Advisory Committee from time to time may review Tsuut’ina Nation Business Nisk’a Use applications, transfers, or disputes, however, their function is only to provide recommendation(s). PP.BN.2403 Business Nisk’a Use Permit © Tsuut’ina Nation May 23, 2024 Business Nisk’a Use Permit Application Process 17. If a Tsuut’ina Nation Citizen is applying for a Business Nisk’a Use Permit, they must complete an application for Nisk’a Use which will provide basic information about the business that will identify and confirm the area of Tsuut'ina Nation Nisk’a set out for permitting business and verify the following: (a) if they have a current Nisk’a Assignment; (b) if a Tsuut’ina Nation Citizen is applying for a Nisk’a Use Permit for a business and does not have a Nisk’a Assignment; (c) if additional Common Lands is needed for the small business area, a Tsuut’ina must re - apply for Nisk’a to be assigned for a small business permit; (d) Tsuut’ina Nation and non-Tsuut’ina partnership – Applicant must provide proof of 51% Tsuut’ina ownership to be eligible; and (e) permit is non-transferable. Nisk’a and Environment Inspection 18. The Land and Environment Research Department will conduct a Tsuut'ina Nation Nisk’a inspection to document current and proposed Nisk’a use to identify and protect any significant environmental, cultural, and traditional sites. Environmental Review and Approval 19. The Tsuut’ina Nation Applicant must fully complete at their own cost the Environmental Review Process – Project Description Form for the Tsuut’ina Business Nisk’a Use request: (a) this form gathers preliminary information required to assist in the determination of the potential project prior to the Tsuut’ina Nation Head Chief and Minor Chiefs enabling the project to proceed; (b) this is a standard form and required if there is a disturbance of the Tsuut’ina Nation Nisk’a ; (c) this Review will ensure the project will not cause significant adverse environmental effect and impacts on the Tsuut’ina Nation Nisk’a; (d) this Environmental Review will identify any mitigation measures that will need to be in place; and (e) once complete, it must be submitted to the Land and Environment Research Department for review. Business Nisk’a Use Permit PP.BN.2403 May 23, 2024 © Tsuut’ina Nation Business Nisk’a Use Plan 20. Tsuut’ina Nation Applicant submits the Project Description for Nisk’a Use/LUP to Lands Clerk/Land Manager. 21. The Land Manager shall review the package for completion and assist the Tsuut’ina Nation Applicant in completing the package if required. 22. The Lands Administration Executive Director will present the package at a duly convened Land Advisory Committee meeting. Please see attached Appendix of requirements for Project Description for Nisk’a Use/LUP. 23. The Land Advisory Committee will review the Project Description for Nisk’a Use/LUP to ensure it complements the Tsuut’ina Nation Nisk’a Use Plan and any applicable legislation, regulations, policies, and procedures. 24. The Land Advisory Committee may make recommendations to Tsuut'ina Nation Head Chief and Minor Chiefs for further consideration and a decision. Survey Review and Site Approval 25. The Tsuut’ina Nation Applicant will hire a certified Federal Land Surveyor to conduct a survey of the approved site for business if the site is in proximity or encroaches on the Nation boundary. Any costs associated with the survey will be the responsibility of the Tsuut’ina Nation Applicant. 26. The LERD Department will provide a GIS site map upon request for Common Lands not within or encroaching boundary Nisk’a. 27. The Survey Review and Approval Process for Common Lands will be followed and proper authorization from the Tsuut’ina Nation CEO will be required. Permit Approval 28. Tsuut'ina Nation Head Chief and Minor Chiefs will determine the outcome of the Business Nisk’a Use Permit by way of BCR/Leadership made a decision (translation to be provided later). If denied, the Tsuut’ina Nation Applicant will have to review the Project Description for Nisk’a Use/LUP to include recommendations made. Compliance and Monitoring 29. On-site monitoring will be conducted annually by the Lands Portfolio as set out in Appendix ____. 30. Non-compliance will result in a penalty or fine as set out in Appendix ____. Fees 31. All applications will include a $250.00 CAD non-refundable administration fee.