Lands

Land and maps.

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Pre-Reserve Lands vote

Mistawasis lands summary.Oct.2013newsletter

  • Mistawasis is located 50 miles west of Prince Albert, 75 miles north of Saskatoon and 90 miles east of North Battleford.
  • Reserve size is 6 miles (east to west) by 8 miles (north to south)
  • Number of acres is 30,720 (12,431 hectares)
  • The reserve is surveyed into 192 quarter sections – the main village is subdivided into 100 individual lots
  • Soil classification (Provincial standards) range from Class 2 to Class 5 with majority of land classed as Class 3 and Class 4
  • Agriculture and grazing are the predominant activities on the land
  • Land has been set aside for education, health, recreation, culture, policing service, residential, and administration purposes
  • The west portion of the reserve is forest and lakes (approx. 6,000 ac) -the lakes are suitable for recreation and sport fishing
  • The majority of the land suited for agriculture is already being utilized, with no new clearing in recent years ( approximately 15,300 cultivated ac.)

Types of Land Holdings

  • Indian Act defines “reserve” as: “a tract of land, the title to which is vested in Her Majesty, that has been set apart by Her Majority for the use and benefit of a band”
  • Indian Act defines “band” as: “for whose use and benefit in common, lands, the legal title to which is vested in Her Majesty, have been set apart before, on or after the 4th day of September 1951”
  • Indian Act allows members of a band to hold reserve lands in two ways:
    1. Certificate of Possession – members may obtain lawful possession of individual parcels of land on the reserve with permission of the Council and Indian Affairs (Section 20 of Indian Act)
    2. Certificate of Occupation – documentary evidence of a member’s right to temporary occupation of land on the reserve. This temporary occupation is usually for two years (Section 20(5)(6)

It is common practice on Indian Reserves, in Canada, to grant Rights of Use and Occupation of a parcel of land to a member of the Band. (Note: this is not recognized as legal possession as defined in the Indian Act. Indian Affairs DO NOT acknowledge or recognize these types of land holdings. Indian Affairs state that these types of land holdings are at the discretion of the Chief and Council)

Types of Land Holdings on Mistawasis

Total population as of June 7, 2007 is 2,254 (registered member under the Indian Act)

On Mistawasis, we have Certificate of Possessions (CP)

There are 81 registered CP’s totalling 13,760 acres – 36 band members hold CP’s

There are 10 Notice of Entitlements (NE) lots issued to Band members which are in the village area. INAC is still sorting out the Estates, on some of those lands.

Certificate of Possessions are legal title. This gives the holder certain rights such as:

  1. ability to transfer or sell the title to another Band member or the Band
  2. ability to will the title to heirs
  3. ability to lease the land to a non-member without the consent of the Band – Indian Affairs must approve such a lease
  4. they have exclusive use of the land except for the natural resources such as trees, water, etc. (this means the Indian Affairs needs the consent of the CP holder before they will allow any activity on that land – such as when a member wants to have a house built on CP land that member must get the consent of the CP holder)

Note: the total acres are not all cultivated land, some of the land is under bush and water. There is approximately 15,300 cultivated acres.

The distribution of the revenues from the land is as follows:

  • CP land holders receive 100% of the rental revenues
  • Band land we receive 100% of the rental revenues

The land rental payments are all sent to Indian Affairs and then returned to the band upon request. Presently the Band rents out (28 quarters) 4480 acres of land for $85,000.00 per year and then they access these monies from INAC thru a BCR resolution requesting the $85,000.00 in the Band Revenue Account in Ottawa.To this date the Mistawasis First Nation has 82 Section 28(2) Agricultural permits issued for the benefit of the Certificate of Possession holder or the Band Land. The maps will show the land held by C.P. and Band land.