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DRAFT
Matrimonial Real Property Law



Land
The program is responsible for land transactions, land research and records keeping. The program is responsible to ensure that all land transactions are completed and processed in a timely manner. The program deals with any research into new lands or old lands for the community. All purchases or sales of land within Pikwàkanagàn must be completed by the Lands Program in order for it to be registered with Indian and Northern Affairs. If the land transaction is not registered, the land transfer will not be recognized and you will not own the purchased land. Portions of land can no longer be transferred without a survey being completed.

Lands is currently working on the acquisition of the shore/road allowance which is adjacent to the community. It is a long process. The shoreline has now been surveyed, a few concerns have to be addressed before the plans are registered.

Negotiations with Hydro One regarding a new easement agreement for lands that their lines are on, have come to a stand still.

Estates
The program assists members with the death of a family member by reporting the death and working as the administrator's of an estate to identify the land and understand the forms provided to them. Held workshop on Wills and Estates, stressing the importance of leaving your land to a member.

Membership

The program processes status cards for all of its members. We register any children born after 1985, all marriages, deaths, and miscellaneous changes to a member's information. We maintain our Membership List and mailing addresses for all of our members, residing on or off the reserve.

If you move, please let the office know so that they may update your address.

There have been major changes in how children are registered. Each application for child registration will have to be reviewed to determine if as a First Nation we can register the child, or if the form must be completed in the Regional Office or sent to Indian and Northern Affairs Headquarters. This could and will delay registration of all children born after April 17, 1985.

Under the Membership Code, any person who acquires status and is affiliated with our First Nation must apply for membership and be accepted as a member. What this means is that you must meet the criteria in the Membership Code to become a member. You must be of Algonquin descent and provide a Canada Police Information Check (CPIC). You may hold status without being a member of the Algonquins of Pikwàkanagàn.

Under the Residency Law, anyone who plans on moving into Pikwàkanagàn must apply and obtain permission to reside here before they move.

The Custom Election Code was passed by referendum and our last election was held under this code. The next election will be held in March 2008.

Band Governance
The manager acts as registrar for the Membership Code and the Residency Law. The Standing Committee develops and reviews laws that are in place or are just being implemented.

Burial Grounds
A new burial ground has been developed for our members and their spouses. A death certificate must be submitted to this office before any burial takes place.

Other Duties
The manager sits on the Standing Committee for Lands, Estates, and Membership, the Ontario Aboriginal Lands Association, the Environmental Task Force, the Emergency Planning Committee and other task forces where required. It is that program's responsibility to co-ordinate all elections. The program keeps records of the burial grounds. It is also responsible to find suitable land and develop new burial grounds.

Bell Canada
Negotiations have been successful with Bell Canada. A request to the Minister of INAC to issue a permit under Section 28(2) of the Indian Act has been submitted.

Matrimonial Real Property Issues

A Draft Law on Matrimonial Real Property has been developed based on survey responses from the Members.

Highlights of the Draft Law are as follows:
• The Law will only be utilized to reach a settlement if the spouses involved cannot. Mediation is mandatory before they can approach the Board/Tribunal.
• Only the house and land will be dealt with if both spouses are members.
• Only the house will be dealt with if one spouse is a non-member.
• The children have been identified as the top priority and should be allowed to stay in the community and their home.
• Inherited land will be awarded to the spouse who inherited it.
• The Appeal Board will act as the Tribunal until such time as the Tribunal is established.
• Council will be given the authority to enforce the settlement through Council Resolution
• Under no circumstances, will a non-member be awarded the land.

Please review the law (see left hand column, Matrimonial Real Property Law) and provide me with your suggestions, improvements or changes. You may call (613)625-2800 x222), e-mail mgr.landsmembership@pikwakanagan.ca , provide written comments (1657A Mishomis Inamo, Golden Lake ON K0J 1X0). When responded, please include your name and 10 digit status number.

We are hoping that a Matrimonial Real Property Law will be ready for Referendum (which means that it must be accepted by 50% + 1 of those who vote) at the end of March 2008 to coincide with the General Election.

STAFF:
Jan Leroux, Program Manager
Is responsible to oversee the daily operations of the Land, Estates and Membership Program.

 

 

Jane Commanda , Administrative Assistant
Provides administrative support services to the Manager, Land, Estates and Membership Services.


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