Community Acquisition Law 

CLICK HERE TO SEE THE DRAFT VERSION OF THE LAW

What You Need to Know

Cowichan Tribes governs its lands under the Quw’utsun Tumuhw (Land Code), which came into effect in 2019. Quw’utsun Tumuhw affirms our inherent right to manage and make decisions about our lands and resources under our own laws and governance. The Community Acquisition Law was developed under Quw’utsun Tumuhw to develop rules and a process which allow Cowichan Tribes to acquire licenses and other legal land interests on Tumuhw.

What This Law Does

The law sets out the rules and process for Cowichan Tribes to acquire licenses or other legal interests on Tumuhw from current owners (CP holders, estate owners, holders of licenses). These acquisitions would allow Cowichan Tribes to construct necessary public works – such as sewage and water treatment infrastructure – and to protect xe’xe values.

Cowichan Tribes’ acquisitions of licenses or interests on Tumuhw will only be considered if they are essential to support the health, safety and wellbeing of Quw’utsun Mustimuhw.

Why It Matters

The Community Acquisition Law provides a clear process for Cowichan Tribes to acquire licenses and other interests granting Cowichan Tribes the authority on Tumuhw to:

·       Provide necessary infrastructure for the wellbeing of Quw’utsun Mustimuhw

·       Protect xe’xe places and values

The process set out in the law ensures that the use and development of Tumuhw benefits all Quw’utsun Mustimuhw while requiring Cowichan Tribes to act with si’emstuhw (respect) and to negotiate fairly with owners. The law requires Cowichan Tribes to be transparent and make information about decision-making on acquisitions available to all Quw’utsun Mustimuhw.

What It Means For Members

The Community Acquisition Law lets Quw’utsun Mustimuhw know the rules and process for Cowichan Tribes to acquire Tumuhw, which include:

·       A needs assessment and rationale for acquisition

·       Engagement with the current owner on a proposed acquisition including:

o   Notification of interest in acquiring a license to current owner

o   Agreement on appraisal, fair negotiation and compensation

·       Approvals required by Council

·       Process to modify an acquisition or reverse an acquisition

·       Available arbitration process

·       Registration of interests in the First Nations Land Register

The needs assessment, rationale for acquisition, Council decision and how the proposal complies with snuw’uyulh will be made available to Quw’utsun Mustimuhw in a report.

Strengthening Land Governance

The law supports Cowichan Tribes in advancing land governance by implementing Quw’utsun Tumuhw to ensure that Cowichan Tribes is accountable to Quw’utsun Mustimuhw, follows our snuw’uyulh and that Quw’utsun Mustimuhw know the process that has to be followed for Cowichan Tribes to acquire licenses and interests on Tumuhw.

Questions?

Please contact Governance at 250-748-3196 

A Message fromSulsulxumaat
( Chief Cindy Daniels)