Did you know that there is a different contract that is used when buying and selling a home on Westbank First Nations Lands?
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A landlord entering into a commercial lease should consider the rights it wishes to have if the tenant is not performing its obligations.
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The BC Courts recently had the opportunity to consider the enforceability of a lease clause requiring a tenant to pay 6 months’ future rent on termination for breach of lease.
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Insurance is an important tool allowing landlords and tenants to allocate risk in a commercial lease. Here are some recommendations:
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The purpose of security in a commercial financing transaction is to give the lender comfort (or security) that the lender will have access to assets if the borrower fails to meet its repayment commitments.
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All owners associations must file Societies Act transition paperwork by November 2018.
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Did you know that Westbank First Nation’s development laws are available through their website?
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There is a new trend in leases of Westbank First Nation’s reserve lands. Developers and landlords are moving to 125 year terms.
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Andrea East will be a panelist at the Westbank First Nation’s 2017 Business and Economic Development Conference.
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Andrea East will be presenting "Structuring the Developer" at the PBLI conference Real Estate Development on First Nations Lands.
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For years, non-status Indians and Metis individuals have been trapped in a jurisdictional game of hot potato between provincial governments and the Federal Government, often leaving those individuals ineligible for programs and assistance.
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“Conveyancing” is the term your lawyer uses to describe the legal process of transferring an interest in land from the seller to the buyer.
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The BC Government has passed a new Societies Act, which is expected to be brought into force in November of 2016.
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This is an update to my Dec 22, 2009 article, incorporating the changes to INAC’s locatee leasing policy.
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Andrea East will be participating in a conference on December 3-4, 2015 on Building First Nation Economies.
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Land on reserve cannot be sold. So when a developer builds a residential project on reserve land, the developer leases the land on which the project will be built, and then sells long term subleases for each home. The details vary from project to project, but typically, the buyer purchases a 99 year sublease, with all of the rent paid up front when he or she takes possession of the home. Banks can provide mortgage financing to fund the rent [...]
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First Nations’ reserves contain some of Canada’s most beautiful land, including undeveloped properties that are frequently eyed by developers for large residential or recreational projects.Originally published in the Sep 21, 2012 issue of the Lawyers Weekly.Read the article here: http://www.lawyersweekly.ca/index.php?section=article&articleid=1743
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In 2008, the federal government introduced a significant shift in its First Nations policies by repealing the section of the Canadian Human Rights Act that excluded decisions under the Indian Act from scrutiny by the Canadian human rights system.The first decision of the Canadian Human Rights Tribunal considering Indian and Northern Affairs Canada’s (INAC) leasing policies (Louie and Beattie v. INAC) was released in early 2011.
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There are many words and phrases used in connection with First Nations Projects which have very specific meaning, and many acronyms used as short form, which can be challenging when first getting started. This article sets out some common words, phrases and acronyms and describes their meaning.
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If you're thinking about forming a partnership, here are some things to think about before the partnership begins... This article has been published in Native Business Development Magazine, a national publication focusing on the successes of First Nation, Inuit and Métis owned or managed businesses.
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There are generally two types of lands which may be leased on a First Nations reserve governed by the Indian Act: lands allocated to individual members by a Certificate of Possession, often referred to as “CP Lands”, and lands which are unallocated and held for the benefit of the community as a whole, often referred to as “Community Lands”.
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Every once in a while it is a good idea to dust off copies of your major contracts and take a look and see what they say. What is considered a major contract varies from business to business, but some of the usual suspects include major suppliers, major customers, key employees, commercial leases and equipment leases. Major contracts are those which present the greatest benefit and pose the greatest risk to your business. [...]
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This article is the fourth in my series on leasing First Nations land. My previous articles have reviewed the process for establishing new head leases and subleases on First Nations land. In this article, I will review the process for transferring interests in existing subleases.In many cases, the interest purchased in a residential development is a subleasehold interest and that is the type of interest that I will discuss in this article. [...]
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This is the third in my series of articles on First Nations leasing. In my first article, I discussed Buckshee Leases and some of the risks associated with unregistered leases of first nations lands. In my second article, I reviewed Indian and Northern Affairs Canada’s (“INAC”) process for reviewing and approving registered leases. I have also p
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“Buckshee lease” is a colloquial term for a lease entered into between a member of an Indian Band or the Band itself and an individual, first nations or not, where the lease has not been formally approved by the Department of Indian and Northern Affairs in accordance the Indian Act. Buckshee leases tend to appear on reserves where the Band does not have land management powers under the Indian Act.
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In British Columbia, there is legislation regulating every business’s rights and responsibilities with respect to the personal information it collects, uses and discloses. Every business that has employees and keeps a customer list needs to understand the rules relating to personal information.
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