Leasing Process

The first steps in the Leasing Process:

  1. Land use inquiry by a Proponent: The Proponent meets with TIB Lands, Leasing & Tax Department (LLTD) to discuss desired activities and land use.
  2. Proponent directed to Band Vision (Section 3) and Comprehensive Community Plan (Section 4).  The Proponent asked to review the TIB Vision and Policy statements to ensure an understanding in the TIB’s approach to land management.
  3. Land use jurisdiction is determined:  Preliminary analysis is undertaken by The Proponent and TIB staff to determine the jurisdiction over the desired land (e.g. locatee lands etc).
  4. Use of natural areas or resources:  The Proponents desired land use determines the applicability of the Cultural Resources Management Department Process.
    4.1)   Cultural Resources Management Department Process is initiated.
  5. Residential, commercial, industrial, recreational use is requested: The Proponents desired land use determines the applicability of the LLTD process.
    5.1)  LLTD process is initiated.

Pre-application Process

  1. Residential, commercial, industrial or recreational use requested:  Initiating the LLTD process.
  2. Is desired land designated? If land is already designated the Proponent can move on to step 7, assessing the site classification (zoning). If land is not designated, proceed to step 3 to pursue land designation.
  3. Determine with LLTD staff if designation for lease is possible.  The step will lead to either a rejection or a land designation process.
  4. Land use on desired site not possible:  This rejection can be due to desired site not being currently designated, nor considred eligible for designation by TIB, or if TIB determines that the desired land use is not appropriate and does not fit within the stated vision and policy.
  5. Proceed with land designation process with TIB:  The land designation process is carried out by LLTD staff including distributing information packages, public meetings.
  6. Is desired site appropriately classed for requested use?  The site in question is checked against current land use map to determine consistency.
  7. TIB determines if land use is appropriate:  The land use on desired site may be deemed in appropriate and no application process initiated.
  8. Proceed to lease application process's if land use is considered approrporate and in compliance with vision and policy, the Proponent may start the application process.

Lease application process - flow chart:

  1. PIck up an application from LLTD for lease and receipt of requirements lis:  The Proponent should receive all documents regarding application requirements and obligations.
  2. Is the desired site on locatee land?  A map search will determine the location of the desired site.
  3. Applicant and locatee to complete and sign proper agreements.  If the desired site is on locatee land, the appropriate agreements must be signed between the applicant and locatee.
  4. Applicant submits application to LLTD:  The applicant submits completed application to LLTD for review.
  5. Application reviewed by Development Lease committee (DLC). The DLC evaluates the application and considers the information against TIB Vision, Community Land Use Plan, Bylaws, Intergrated Resources Management Plan and any zoning, regulations or best management practices adopted by the Band.
  6. Applicant in Good Standing Approved:  If the applicant is in good standing and the application meets the criteria of the DLC, the application is sent to Chief and Council for review and decision making.
  7. Rejection:  If an applicant or application does not meet the criteria of the DLC, the application is rejected.
  8. Briefing note with recommendation to the Chief and Council:  The Chief and Council receive the application package along with a briefing note from the DLC. 
  9. Chief and Council approve and sign off on application:  Once approved Chief and Council sign off on the application.
  10. LLTD to prepare a litter and sign off on application:  The LLTD prepare a letter to the proponent acknowledging the approval and sign off on the application.
  11. Applicant Fulfills Requirements Process:  The applicant is then expected to fulfill the requirements process prior to the lease being issued:  (as follows)  The following must be done prior to the issuance of a Lease:  Insurance Certificate issued Certificate of good standing legal access through highway or adjoining property confirmed legal survey or appropriate plan provide to TIB Appraisal Obtained Compliance with TIB bylaws payment of rent and fees.
  12. LLTD drafts lease and Band Council Resolutions (BCR):  The LLTD drafts approrpriate documents for review.
  13. Review by applicant, Locatee and/or legal counsel as necessary.  Applicant, Locatee (if on Locatee land) and/or legal counsel reviews the draft documents.
  14. FInal lease, Locatee consent and BCR executed by all parties.

If you have any further questions about the business opportunity analysis process, leasing application and/or development approval process please contact: 

Freda Jules, Lands Administrator
Tel: (250) 828-9819 or Fax: (250) 314-1539 or e-mail: fjules@kib.ca