First Nation Urban Development Area

First Nation Urban Development Areas, more commonly referred to as urban reserve lands, are an increasingly viable means for First Nations across Canada to create their own economic opportunities/new businesses, increase employment opportunities for their members and increase self-sufficiency. A municipality in which a First Nation Urban Development Area is established can also benefit from increased revenue and the economic spin-offs relating to new business and job creation. There are more than 120 of these types of First Nation Urban Development Areas located throughout Canada, with the vast majority (approximately 90%) of them found in Manitoba and Saskatchewan.

The creation of urban reserves is a process between the First Nation and the Federal Government. A municipality does not have the right to approve or deny reserve creation, as this authority lies solely with the Federal Government. Further, there is a federal expectation that municipalities will enter into good faith negotiations for a Municipal Development and Service Agreement with a First Nation intending to create an urban reserve in the municipality.

The Municipal Development and Service Agreement is a legal document that defines: how typical City services will be supplied to the First Nation; compatibility with and enforcement of City By‐laws, payment for services to the City; applicable development charges and a dispute resolution mechanism.

Gambler First Nation approached the City of Brandon in 2016 regarding its intent to purchase privately-owned land on Brandon’s North Hill and begin the process with the federal government of granting the land reserve status. With this knowledge, the City of Brandon engaged in discussions and negotiations to prepare a Municipal Development and Service Agreement with Gambler First Nation. 

Gambler First Nation will pay an annual General Service Charge to the City of Brandon. This charge was calculated using the same formula used to quantify municipal taxes, but is based upon the portion of municipal services that the First Nation will receive.

As per the agreement, the First Nation will receive most of the same municipal services that any other commercial landowner would receive – access to landfill services, site access to the city’s transportation network, street/sidewalk maintenance and snow removal up to its property line, all public safety services such as police, fire/ambulance response and emergency dispatch services, maintenance of any applicable surrounding municipal greenspace, sewer and water distribution and maintenance services up to its property line, etc. Paying the negotiated annual general service charge also affords the First Nation access to other types of municipal services such as transit, recreational and greenspace amenities, etc. The First Nation’s access to fee-for-service delivery (i.e. water bills, permit fees, tipping fees, recreation fees, transit fees) is the same as any other City user.

However, as the First Nation will not function within the City of Brandon municipal governance framework (City Council structure), it will not pay for municipal support services such as human resources, information technology or finance management. The First Nation has its own governance and administration that is their own expense outside of their agreement with the City of Brandon.

The land in question is at 1725 – 18th Street North and 1655 Clare Avenue. It is approximately 8 acres in size and is currently zoned as commercial-arterial.

The land is currently privately owned, meaning taxation and By-law compliance is currently handled the same as any other property in Brandon. The City of Brandon respects Gambler First Nation’s right to speak to details of the Addition to Reserve process currently underway with the federal government.

The City of Brandon respects Gambler First Nation’s right to speak to details of its proposed development. The agreement permits any land use currently listed for Commercial Arterial-zoned (CG and CAR) land within the City of Brandon Zoning By-law. The agreement includes the First Nation’s commitment to use the City’s development review process (including adhering to the zoning by-law, paying development charges, obtaining building permits, following the design standard of City services connecting to the property, etc.)

As per the City of Brandon Zoning By-law, a casino (which includes table wagering games) is not a permitted use for CG and CAR land and has not been included as a permitted use in the Agreement with Gambler First Nation. An amusement parlour is a permitted recreational use in the CAR district in the same way it is permitted for any other CAR zoned lands in Brandon. An amusement parlour may include VLTS/gaming machines and a bingo hall, subject to any provincial licensing. 

The First Nation is its own level of government. Through the municipal development and services agreement, the First Nation has requested that all City requirements (including by-laws) apply to their reserve lands. This includes application of certain provincial acts and their respective regulations such as the Building Code, Plumbing Code and Fire Code. These requirements are part of the services that Gambler First Nation is paying the City of Brandon to provide to them. The First Nation also has its own laws and has made the commitment that any changes that differ from City requirements will be subject to a full consultation process.