Joan Phillip
Lands Manager
Phone: (250) 493-0048 ext:217
Fax: (250) 493-2882
Christine Saddleman
Lands Administrative Assistant
Phone: (250) 493-0048 ext:218
Fax: (250) 493-2882
Christine Saddleman comes from Upper Nicola Band and has recently been hired as the administrative assistant. She brings invaluable knowledge and extensive experience to the Lands Department.
Department Vision
The Lands Department is working towards improved confidence and trust in the administration process with increased engagement and participation in emerging and critical decisions on the land.
Department Summary
With increasing demands going forward the development process and community needs to be balanced and it is important to recognize the need for planning, policy and bylaw development. These policies will ensure interests on the land are protected for the benefit of the membership and reduce liabilities.
The Penticton Indian Band Lands Department is responsible for balancing environmental, cultural and heritage values of PIB lands in conjunction with accessing economic development opportunities.
To facilitate lands transactions and other Band functions the manager has been appointed as a “Commissioner for Taking Affidavits” pursuant to the British Columbia Evidence Act.
The Penticton Indian Band Lands Department is responsible for the sustainable management of PIB lands as follows:
Indian Reserve No. 1 18,539.8 hectares or 45,881.84 acres
Indian Reserve No. 2 13.1 hectares or 32.37 acres
Indian Reserve No. 3A 145.7 hectares or 360.00 acres
Commonage Claim
The Penticton Indian reserve No.1, 2 and 3 were set aside in 1877 for the “use and benefit” of the Penticton Indian Band, which included a 28,000-35,000acre “Commonage Reserve”. The Penticton Indian Band will be looking for a mandate to move forward and enter into negotiations from the membership.
Records Management
The Lands Department has completely re-structured the filing systems and has updated all records. A consultant was used for effectively executing this major project. It has increased the Department’s efficiency and ensures accessibility to any files that Land’s are currently responsible for. We have created templates so that members can ask for information.
Leasing
The Lands Department is responsible to maintain, record and provide advice on the registration requirements for locatee leasing and registered leases within Penticton Indian lands.
Comprehensive Community Plan Renewal Project
Funding has been secured to do a renewal project for 2016-2017. We will be looking to hire a community member to coordinate the project over the next year. This important renewal project will be able to measure the amount achieved goals from the previous plan and be updated with increased community involvement. This project assists the administration in what direction the community wants to go and priorities get set.
Land Code Development
The Penticton Indian Band has entered into the development process of establishing a Land Code, under the First Nations Land Management Act. The First Nations Lands Management Act is a piece of legislation that with enable the Penticton Indian Band to create it’s own law in respects to lands administration out from the Indian Act. In order to do this the Penticton Indian Band has developed a draft Land Code which outlines how PIB will take back those responsibilities and authorities from Indian Affairs. The lands department along with Chief and Council will be engaging the community throughout the next year.
Wills and Estates
Currently the Lands Department has taken inventory of all known estate’s records by systematically cataloguing outstanding issues we are building capacity to be able to make recommendations and be able to present next steps and guide the process to resolution. The Lands Department will be hosting a community workshop and information session to provide will kits and give advice on the estates process under the Indian Act.
Water Management
The Lands Department is responsible for the Aeneas (Charlie Lake) Dam. Currently in operation the dam has been monitored accordingly to regulated standards. An annual inspection and all users meeting will be scheduled for this year. Further development and planning has begun in the construction/replacement of the Brent and Farleigh Lake dams. Once completed PIB will become owners and operators of all three dams. The long term plan is then to revitalize both the Shatford and Shingle Creek systems.
These projects ensure the future of clean and viable water system is protected and maintained on the land. Source water protection is vital for the Penticton Indian Band, now and for generation to come.
Specific Claims
A number of specific claims have been prepared in regards to Penticton Indian Band’s interest. In the next year the lands department along with Chief and Council will be hosting more community meetings regarding the specific claims process and invite presenters to better understand the consequences and legal strategies.
PIB Lands Negotiations
- Section 35 Negotiations – Kaleden Weigh Scale/Highway 3A
The Penticton Indian Band is nearing a successful conclusion of a settlement with Ministry of Transport of the weigh scale lands and a portion of Highway 3A by November 2016.
The settlement of this long standing trespass by MOT will be financially beneficial to the Band to invest in community and capital programs.
Negotiations of a settlement worth totalling over $4.5 million in cash and exchanged lands are complete and awaiting Order in Council from Ottawa - CPRail
PIBDC assisted the negotiating team and have moved the negotiations with CP Rail a long way and a possible settlement allowing over 108 acres of CP Rail lands to be returned to the Band
has started with the conclusion of the Settlement Agreement signed in September 2016 with CP Rail, Transport Canada and INAC.
The current plan is to have these lands to returned to the Band under an Additions to Reserve program.
Lands Advisory Committee
The Lands Department has been preparing the required information to create a new Lands Advisory Committee. This committee will be set up in order to systematically review and make recommendation to Council in respects to outstanding land issues.
Financial
The Lands Department is funded under the Regional Lands Environmental Management Program (RLEMP) and provides detailed reports in respect to departmental expenditures and financial commitments.
Matrimonial Real Property Law
There currently a gap that exists between provincial law and applicable federal law when it comes to the breakdown of a marriage on reserve. A Penticton Indian Band law has been drafted and the Lands Department along with Chief and Council will be hosting a number of community meetings to seek community input and support of the next year.
By-Law Development
The Lands Department has assisted in preparation and presentation of a number of by-laws and will be looking to the community for input in the developmental process.
Accomplishments
The civic address project was rolled out the community, which ensure access to emergency services.
The land use plan has been drafted with the support of many community members and the diligent efforts from Natural Resources.
The Lands Department has been building capacity over the last few months and would like ensure our commitment to increase the membership’s confidence in the administration of lands for the Penticton Indian Band.