Carry the Kettle Nakoda Nation (CTK) reached out to the City of Regina (City) to formalize its intent to pursue growth and development on lands it owns in the northwest part of Regina (a portion of NW Sec10-Twp18-Rge 20-W2M and SW Sec15-Twp18-Rge20-W2M) and requested the parties agree to a Memorandum of Understanding (MOU).
The MOU sets out the intention of the City to work with CTK in pursuing development of these lands but does create any legally binding obligations.
Alternative options would be:
1. Approve the MOU with specific amendments.
2. Refer the MOU back to Administration. If Council has specific concerns with the proposed MOU, it may refer it back to Administration to consider further recommendations and direct that the report be reconsidered by Executive Committee or brought back directly to City Council to follow such further review. Referral of the report back to Administration will delay approval of the MOU with the CTK band until requested information has been gathered or changes to the MOU have been made.
3. Deny the MOU. An MOU is not a requirement; however, this approach does visibly demonstrate the early commitment of the City to work with First Nations to navigate the planning and approval processes required for First Nation-owned land located in or adjacent to the city boundaries.
The City will work with CTK to plan and publicize the MOU signing event.
While a Memorandum of Understanding with the City is not a requirement, CTK suggested the MOU as a public signal that the two parties share a commitment to respect and work together. This includes acknowledging that the parties will work towards a future Municipal Services Agreement (MSA) that would enable development opportunities. A First Nation that is seeking reserve status on land located within an urban centre is required to negotiate and execute a servicing agreement with that municipality. The servicing agreement addresses issues of tax loss compensation, bylaws and servicing compatibility and dispute resolution.
The MOU recognizes a shared interest in economic growth that could result from development of the CTK lands, while respecting the regulatory and policy responsibilities of CTK, the City and the Federal Government.
The MOU is not intended to and does not create any legally binding obligations on CTK or the City.
Any further agreement in respect of municipal servicing and land development will be part of a Municipal Servicing Agreement which will supersede the MOU and will require approval of the City Council and the CTK band.
CTK has also requested once the MOU is approved, that the City participate in a signing ceremony as public health restrictions and orders allow.
The recommendations in this report require City Council approval.
Respectfully Submitted, Respectfully Submitted,
Leah Goodwin Chris Holden
Senior Advisor, Government & Indigenous Relations City Manager
Prepared by: Leah Goodwin, Senior Advisor, Government & Indigenous Relations