Order Amending Schedule 1 to the Squamish Nation Residential Tenancy Regulations: SOR/2023-182

Canada Gazette, Part II, Volume 157, Number 18

Registration
SOR/2023-182 August 17, 2023

SQUAMISH NATION RESIDENTIAL TENANCY REGULATIONS

Whereas, under subsection 9(1) of the Squamish Nation Residential Tenancy Regulations footnote a, the council of the Squamish Nation has fulfilled the conditions set out in that subsection;

Therefore, the Minister of Indigenous Services makes the annexed Order Amending Schedule 1 to the Squamish Nation Residential Tenancy Regulations under section 5 of the Squamish Nation Residential Tenancy Regulations footnote a.

Gatineau, August 15, 2023

Patricia Hajdu
Minister of Indigenous Services

Order Amending Schedule 1 to the Squamish Nation Residential Tenancy Regulations

Amendment

1 Items 1 to 4 of Schedule 1 to the Squamish Nation Residential Tenancy Regulations footnote a are amended by adding, in column 3, the following:

First Nations and Project Lands

Item

Column 3

Date on which the incorporated laws apply

1

September 1, 2023

2

September 1, 2023

3

September 1, 2023

4

September 1, 2023

Coming into Force

2 This Order comes into force on the day on which it is registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issues

To ensure Squamish Nation residential projects have landlord and tenant protections in place under the Squamish Nation Residential Tenancy Regulations (the Regulations), an amendment to Schedule 1 of the Regulations is required to add an effective date on which the incorporated laws set out in the Regulations begin to apply to the following identified project lands:

The Squamish Nation has requested that the Minister of Indigenous Services amend Schedule 1 of the Regulations to identify September 1, 2023, as the date on which the incorporated landlord and tenant laws will apply to these project lands.

Background

The Regulations came into force on June 19, 2023, and were made under the First Nations Commercial and Industrial Development Act (FNCIDA). The Regulations were designed to ensure tenants and landlords at specified on-reserve residential housing developments have similar protections as tenants and landlords of residential properties off reserve in British Columbia.

The Regulations ensure that the rules in the key statutes from British Columbia’s residential tenancy regulatory regime apply on specific project lands by incorporating by reference the provincial Residential Tenancy Act, the Manufactured Home Park Tenancy Act, and respective regulations. This regulatory framework provides tenants and landlords of these on-reserve developments with protections similar to those in place for tenants and landlords of off-reserve developments in British Columbia. This includes a formal dispute resolution mechanism that is standardized and that provides certainty and enforceability. For Indigenous residents, culturally safe supports will be made available on an optional basis.

As set out in the Regulations, once Squamish Nation provides written confirmation to the Minister of Indigenous Services that specific regulatory requirements have been met, the Minister must fix the date on which the incorporated laws apply on the identified project lands. Squamish Nation provided this written confirmation to Indigenous Services Canada in July 2023.

Objective

The objective of this Order is to add September 1, 2023, as the effective date on which the incorporated laws set out in the Regulations begin to apply to the project lands identified in Schedule 1 of the Regulations.

Description

The Order Amending Schedule 1 to the Squamish Nation Residential Tenancy Regulations establishes the date on which the incorporated laws apply to the project lands identified in Schedule 1 of the Regulations, specifically

Regulatory development

Consultation

The Order Amending Schedule 1 to the Squamish Nation Residential Tenancy Regulations requires ministerial authority to establish dates of application. Given the administrative nature of this Order, it was not considered necessary to undertake consultations over and above those already conducted by Squamish Nation in complying with the notice provisions in section 9 of the Regulations.

In keeping with the partnership approach under FNCIDA, Canada, British Columbia, and the Squamish Nation are continuing their successful collaboration on the Squamish Nation’s Hiy̓ám̓ and Sen̓áḵw housing projects.

Modern treaty obligations and Indigenous engagement and consultation

There are no potential modern treaty implications, as the initiative responds to the needs and interests of the Squamish Nation housing projects on specific reserve lands. This Order does not require the Government of Canada to fulfill any consultation or engagement requirements described in a modern treaty.

Instrument choice

Non-regulatory options were not considered, as section 5 of the Regulations provides the Minister of Indigenous Services with the authority to amend Schedule 1 of the Regulations in order to add the date on which the incorporated laws set out in the Regulations would begin to apply to the identified project lands.

Regulatory analysis

The Order Amending Schedule 1 to the Squamish Nation Residential Tenancy Regulations responds to Squamish Nation’s request to have the incorporated laws begin to apply to the project lands identified in the Regulations. The Regulations enable Squamish Nation to proceed with their on-reserve housing plans and economic development needs with certainty about the residential tenancy protections that are in place.

Benefits and costs

There are no costs associated with amending Schedule 1 to the Regulations in order to add dates on which the incorporated laws set out in the Regulations begin to apply to the Squamish Nation’s project lands. The Regulations provide regulatory certainty and facilitate multiple residential projects proposed by the Squamish Nation on reserve lands that will provide much-needed housing in Metro Vancouver. The Regulations also support the Sen̓áḵw project, which will provide a long-term sustainable revenue stream for the Squamish Nation allowing them to pursue other socio-economic initiatives.

Small business lens

The small business lens does not apply, as there are no associated impacts on businesses.

One-for-one rule

The one-for-one rule does not apply, as there are no associated impacts on businesses.

Regulatory cooperation and alignment

The Order Amending Schedule 1 to the Squamish Nation Residential Tenancy Regulations is not under a regulatory cooperation work plan.

The Regulations incorporate by reference the provincial residential tenancy regime, which creates regulatory harmony between governments and increases regulatory compatibility between residential tenancies on and off reserve. Regulatory cooperation is exemplified through the Canada-British Columbia-Squamish Nation tripartite agreement, effective June 1, 2023, which sets out a shared administrative framework. Squamish Nation requested the effective date on which the Regulations will apply to their identified project lands.

Strategic environmental assessment

The Order Amending Schedule 1 to the Squamish Nation Residential Tenancy Regulations results solely in adding the date on which the incorporated laws set out in the Regulations will take effect on identified Squamish Nation project lands. No potential environmental effects have been identified for this initiative.

Gender-based analysis plus

The Order Amending Schedule 1 to the Squamish Nation Residential Tenancy Regulations adds the date on which the incorporated laws set out in the Regulations will take effect on project lands identified in Schedule 1 to the Regulations. No gender-based analysis plus (GBA+) issues have been identified for this Order.

A full GBA+ was completed during the development of the Regulations.

Implementation, compliance and enforcement, and service standards

The Order does not add any new compliance or enforcement requirements. However, by fixing the date on which the incorporated laws set out in the Regulations begin to apply to the identified project lands, protections will be in place and compliance with the Regulations will become enforceable.

The Regulations authorize provincial officials to administer and enforce the regulatory regime. Under the tripartite agreement associated with the Regulations, a management committee composed of representatives from the Government of Canada, the Province of British Columbia and the Squamish Nation will monitor performance, address potential issues and propose changes, as required.

Contact

Jessica Wong
Acting Director
Governance Operations and Legislative Initiatives
Economic Policy Development Branch
Lands and Economic Development Sector
Telephone: 416‑999‑5681
Email: jessica.wong2@sac-isc.gc.ca