Assembly of the First Nations of Quebec and Labrador

Transcription

1 Assembly of the First Nations of Quebec and Labrador Regional Meeting on Housing November Minutes 1. Opening Remarks The representatives of the 3 partners in the Regional Tripartite Housing Committee (RTHC) welcome the participants. The Chief responsible for the housing portfolio with the Assembly of the First Nations of Quebec and Labrador (AFNQL), Madeleine Paul (Eagle Village First Nation), indicates that the purpose of the meeting aims amongst others to follow up on two important issues on which the First Nations were consulted last year: 1- the Regional Housing Management Training Strategy; 2- The feasibility of a Housing Technical Resource Group. Various partners, such as the Canada Mortgage and Housing Corporation (CMHC), Health Canada, Régie du logement du Québec (rental board), Frontiers Foundation and Cooperation and Emergency Architects Canada are also in attendance to share pertinent information on housing issues. Also, representatives of 3 First Nations who have undertaken actions to develop private home ownership in their communities will give testimonies on the subject. Chief Paul reminds that the Chiefs Assembly acknowledges the value of the RTHC and its potential to generate positive impacts. Housing ranks amongst the Chiefs highest priorities. Jacques Giroux is the Finance Director at the Department of Aboriginal Affairs and Northern Development Canada s regional office. He underlines the co-operative efforts of the housing partners in our region. He mentions amongst others, that private home ownership is an approach to the future, particularly at a time when several agreements governed by Section 95 are coming to an end. Steven Bonspile, Director of Aboriginal Housing at CMHC s regional office, wishes also to acknowledge the tripartite cooperation (AANDC CMHC First Nations). He values the housing staff for its important role within the communities. The topics on the agenda are relevant in the sense that it can specifically assist the housing staff in performing their work. 2. Information and Documentation on Moulds André Dansereau (AANDC) reminds the attendees that the Tripartite Committee s Working Group on "Health and Safety in Housing" held a videoconference on the new poster they created to complement the reference guide on mould in housing (binder) which was transmitted in the fall of This poster refers to the routing of a request concerning the presence of mould in houses situated on reserves. An invitation was extended to those who could not attend the videoconference or who wish to get further information, to visit the Working Group s booth where members were on hand to provide information on the matter. This information is also available on the AFNQL Website at (

2 3. Régie du logement du Québec: Jurisdiction on First Nation Lands and Process to be Followed Jennifer Memmi, legal advisor, gives a detailed presentation on the role of Régie du logement (RdL, rental board). The Régie facilitates the reconciliation between tenants and landlords. It s a first-instance tribunal for any request relating to leases of dwellings when the amount in dispute does not exceed $ It has jurisdiction, amongst others, on the fixing of rents, renewal and modifications to the lease and repossession of the housing unit. Its field of application excludes the hotel and tourism industry, amongst others. It should be noted that 60 % of the submitted requests are cases of non-payment of the rent. The jurisdiction of the RdL on First Nation lands is confirmed by case law. In fact, there are two lines of jurisprudence: 1- Between Aboriginals, the RdL has jurisdiction; 2- between an Aboriginal and a non-aboriginal, the jurisdiction falls upon AANDC pursuant to Section 28 of the Indian Act. The courts confirm that the payment of the rent is the primary obligation of a tenant. The participants questions were an opportunity to learn, amongst others, that: the fees payable for submitting a request to the Régie are $70; if the landlord or the tenant decides to be represented by a lawyer, this expense is at their cost ; the limitation period for submitting a request is 3 years; the situation of isolation and remoteness for a First Nation is not a factor taken into consideration by the Régie, for example, regarding a recourse for non-payment of the rent; there is no jurisprudence as to whether the Régie could take into account the housing policy of a First Nation when handling a case. La Régie du logement (Presentation) 4. Access to Individual Home Ownership: Testimony from the Ekuanitshit First Nation Adéline Basile is the housing officer for the Conseil des Innu de Ekuanitshit, a community of 578 persons, including 553 who reside in the community itself. Ekuanitshit is located in the upper North Shore of Quebec, at approximately 200 kilometers from Sept-Îles. Remoteness is a reality which they have to live with. Among all the housing stock (158 units), 11 houses belong to individuals. Amongst these homes, 3 are former band-owned houses which were converted into individual homes. AANDC s program that falls within the scope of Canada s Economic Action Plan (CEAP) was the key stimulus for these transfers of properties. There are criteria to be fulfilled (ex. no arrears of rent). The Council invests $ in renovations (including $ from CEAP). The value of the property is determined by a valuator (obligation to insure the house at its full value). An agreement to transfer ownership then formalizes the transfer. It should be noted that only the ownership of the house is transferred to the individual, which excludes the land that remains a community asset. The First Nations had to face various challenges in the implementation of their property transfer program: preparation and compliance of documents, decision-making for the selection of members, needs expressed by the future owners, deadline and budget compliance

3 To the extent possible, the Conseil des Innu de Ekuanitshit aims to transfer the houses to the individuals, as the agreements with CMHC expire. The participants questions allowed the clarification of the following points: the majority of the new owners insured their house with Desjardins; the agreement governed by Section 95 is an agreement between the Council and CMHC, and its duration corresponds to the amortization period of the mortgage (ex. 25 years). Housing Program, Conseil des Innu de Ekuanitshit (Presentation). 5. Feasibility of a Housing Technical Resource Group The Conseil tribal Mamuitun was mandated to study the feasibility of having a housing technical resource group (HTRG) serving the First Nations. The study identifies and quantifies the nature of services to be provided, the human resources and the required qualifications, the legal structure of the organization delivering the services, the optimal location of this organization and the operating costs. One of the relevant inputs was the consultation workshop held during the November 2011 regional meeting on housing. The First Nations had then expressed the needs they want to be filled, helping in a way to identify the services that an eventual HTRG could offer. The services to be provided require the creation of 4 advisor positions in the following areas: program management; preventive maintenance; remediation works and renovations; development and construction. There are 2 approaches for the establishment of an eventual HTRG: a central or decentralized organization. The central organization requires the creation of an autonomous body, or, else, the delegation of this responsibility to a tribal council or another existing body. This central option would be more structuring, because it is easier to maintain harmonized objectives within a single organization. It is also possible to retain more specialized resources. This option is more expensive ($ per year). The decentralized option involves certain risks of diluting the objectives, added to the widening of the fields of activities that would be outsourced to the same person. The allocation of human resources to the different tribal councils gives however more flexibility to adapt the services to the particular needs of the member communities. This option is less expensive ($ per year). Considering the difference in the operating costs, the study recommends to establish decentralized HTRGs within the existing tribal councils

4 Following the presentation of the study report, the director of technical services at Conseil tribal Mamuitun, Bernard Duchaine, proceeds to a consultation with the participants. The objective aims to validate the findings and the recommendations of the study and also to get the viewpoint of the housing stakeholders on the follow-up to be given to the file. The following 4 questions were asked to the participants, who then discussed it in smaller groups: 1. Does a HTRG, including the 4 identified advisor positions, meet your needs? 2. If a HTRG were to be created, which service would be the most requested on the very first year? 3. Do you favor the creation of a central HTRG or a decentralized group? What do you see as benefits and disadvantages? 4. What actions should be taken as a result of this survey? The participants answers will be tabulated and analyzed by Mamuitun for the purposes of a final report. Jacques Giroux (AANDC) reminded the participants that the feasibility study for a HTRG and the preparation of a regional housing management training strategy are evolving mandates that target needs that are currently unmet. No orientation will be given without consulting with the Chiefs. The results will be made known at the next meetings, through Minutes and via the AFNQL Website. Feasibility study on a Housing Technical Resource Group for the benefit of Quebec s First Nations (Presentation) 6. Frontiers Foundation and Cooperation and Emergency Architects Frontiers Foundation is a non-profit aboriginal organization working with the communities to provide affordable housing. Its priority activity is concentrated in Canada in the area of on and off reserve housing. Over the years, the Foundation collaborated with many First Nations. Charles Catto is the founder, and he informs the participants on the mission of the Foundation and its partnership with Cooperation and Emergency Architects for the benefit of the Anicinape First Nation of Kitcisakik. Over the past few years, Frontiers Foundation and Cooperation and Emergency Architects have implemented an ambitious program to renovate 26 homes in Kitcisakik. The first phase of the action plan in Kitcisakik consisted in taking delivery of two portable sawmills, once community members had completed the proper training as operator. The wood is harvested in the Anicinape territory and carried to the portable sawmills, to then be molded in timbers, dried and transformed into structural timbers and siding for houses. The combination of the training process/construction is called «Standing Tree to Standing Home». Lylas Polson, Coordinator for Quebec at the Frontiers Foundation/Operation Beaver, and Guillaume Lévesque, architect for Cooperation and Emergency Architects, were directly involved on the ground with the people of Kitcisakik. They say that at the base of it all, this project consisted in transferring competence and skills to the First Nation members. These individuals acquired important concepts on timber utilization, compliance with the National Building Code and consideration for mutual assistance. Volunteers from both the area and other First Nations contributed to the project! - 4 -

5 Doris Papatie, Director General for the Anicinape First Nation of Kitcisakik, points out that the work accomplished with the partners had a significant impact on improving the living conditions of many families of Kitcisakik. Yves Langevin, President of Cooperation and Emergency Architects, invites the First Nations who are interested in knowing more about the assistance that can be provided, to communicate with his organization. Frontiers Foundation / Operation Beaver (Presentation). 7. Bed Bugs The changes to practices in dealing with pest control and the resistance of bed bugs to insecticides are amongst the factors that explain the reappearance of these insects that we believed eradicated. Oumar Ba, hygiene agent at Health Canada s First Nations and Inuit Health Branch, explains that the eradication of bed bugs is very difficult and often requires several treatments. It is therefore strongly recommended to call upon a pest management specialist who has experience in the area of bed bug eradication. Other techniques also exist, such as the exposure to extreme temperatures and the physical removal. Exposure to extreme temperatures consists in subjecting the bugs to a temperature inferior to 18 degrees Celsius during 1 or 2 weeks, or using steam. Physical removal consists in washing fabric in hot water, in drying it at high temperature and vacuuming the infected space. To prevent the possible spreading of the infection, it is essential to be proactive and to inform the people, so they may recognize bed bugs. The participants questions were instrumental in clarifying the following points : to avoid the fact that the people who visit the homes (housing officers, inspectors, community health representatives) be a means of delivery, the latter must take precautions by avoiding, for example, putting a coat or a briefcase on a couch that could be infested; in the case of an infected mattress, steam clean is recommended to eliminate the bed bugs. Bed bugs, First Nations and Inuit Health Branch, Environmental Public Health Program (Presentation). 8. Regional Housing Management Training Strategy The November 2011 Consultation Workshop allowed the representatives of the First Nations to express their needs in capacity building and to give their opinion on the options to be considered in a regional housing management training strategy. The First Nations Human Resources Development Commission of Quebec (FNHRDCQ) is back one year later, to present the results of its work

6 Rose-Anne Gosselin (FNHRDCQ), Johanne Duchesneau (Conseil de la Nation huronnewendat) and Gilbert Gagnon (facilitator) remind the attendees that the training strategy is intended for the existing staff and aims to prepare the succession planning. The purpose of this strategy is that it culminates in recognized certification. The identified tasks were regrouped into 2 skill sets: property operations and property management. Therefore, two training programs are proposed: 1. For agents: Technicians in property operations (12 courses, 3 sessions); 2. For coordinators and directors: skill development in property management (5 courses, 1 session). The FNHRDCQ held an endorsement session with a consultation group in May It allowed them to validate the responsibilities, to get comments on the proposed strategy and to better target the conditions for success. The FNHRDCQ takes advantage of this meeting to once again consult the First Nations. Does the proposed training strategy meet your needs? Once in place, what difficulties could be anticipated? And if so, how should the problem be addressed? The answers and written comments of participants were gathered. Following, are some of the verbal feedbacks: certain courses could be offered to a category of agents who require skill development, without having to follow the entire training ; this would prevent prolonged absences; a combination of the following means could be used to provide the training (classroom courses outside the community, on-site courses in the community, online courses), in equal proportions. Participants are invited to enhance the content of the document on the responsibilities and transmit their comments to Rose-Anne Gosselin or Johannne Duchesneau. Report on a Regional housing management training strategy for Quebec s First Nations (Presentation); Responsibilities and key enabling components in the housing sector (working document); Technical training program in property operations, housing sector for Quebec s First Nations (CEGEP Garneau); Skill Development Program in property management, housing sector for Quebec s First Nations (CEGEP Garneau). 9. Access to Individual Home Ownership : Testimony from Lac Simon Anishnabe First Nation Terry Babin is the deputy-director of housing for the Lac Simon Anishnabe First Nation. The community is home to close to members, including 89 % of them residing in Lac Simon. The population is young and growing, and it is expected to double over the next 25 years

7 The housing stock comprises 307 units, mainly single-family dwellings. The houses are occupied by 5,6 persons in average, which is substantially above the average in Quebec. The demand for houses is explained by the growing population. There is a need to increase the pace of constructions to avoid an increase in overcrowding. In the context of decreasing social housing subsidies, the access to individual home ownership is the path that the Lac Simon Anishnabe First Nation has chosen to embark on. The stakeholders identified the conditions for success and elaborated a housing policy with the support of CMHC. Amongst others, this policy provides for a subsidy for individual housing, proportionate to the client s income. The preferred mechanism is the creation of a revolving loan fund. The First Nations Market Housing Fund (FNMHF) is a partner of the Council in this journey towards the development of individual housing. The Council would like to see the establishment of the Lac Simon Anishnabe Housing Corporation (LSAHC). The rapid growth of the population will present several challenges for the community over the next few years. Meeting the needs in housing is one of these challenges, and in order to achieve this, the Council of Lac Simon Anishnabe First Nation is investing heavily on the development of access to individual home ownership. Documentation in the participant s workbook : Lac Simon Anishnabe Community, its foundation, its population, its political and administrative structure, its institutions, its needs (Presentation). 10. News about Section 95 Housing Program Steven Bonspile, Director of Aboriginal Housing Centre, CMHC (Quebec), explains that the budget constraints which affected the First Nations this year, are the result of projections on the changing patterns of interest rates based on the most recent trends. The core funding of the social housing program governed by Section 95 remains unchanged (±$M100 national). Quebec s share also remains unchanged at a little over 7 %. The long term projections, based on low interest rates, have always made it possible for CMHC to deliver a realistic budget larger than its core budget. This is why our region used to allocate between 9 and $M10 of subsidies to the First Nations, in comparison to only $M7,0 this year. The AFNQL, through Regional Chief Ghislain Picard, reacted to these budget reductions in a letter to the president of CMHC. AFNQL argued in particular that the First Nations of Quebec experienced a sharp drop (38 %) in the same budget of social housing from CMHC, in 2005, following the adoption, by the federal government, of a new budget allocation methodology between the regions. With the new announced reduction, the CMHC budget for Quebec First Nations social housing will practically have shrunk by half since It is requested that the allocations be restored at the level of the year A follow-up on CMHC s answer will be assured by AFNQL

8 11. Access to Individual Home Ownership: Testimony from the Wemindji Cree First Nation Clarence Miniquaken is the housing Director for the Cree Nation of Wemindji. Out of the 374 units in the housing stock, 9 are individually-owned housing and 9 others were built within the scope of the Rent-to-Own Program. These programs comprise a series of criteria. Community members are eligible for a subsidy of $ from the Council. This subsidy comes under the form of a forgivable interest-free loan, which is earned by the years of occupancy of the house. The greatest challenge for these programs remains the availability of the housing subsidy. The First Nation is confronted to other challenges, including the presence of rock and wetlands. There are many advantages to the program of access to property: increased sense of pride, improved maintenance of premises by the occupants, enhanced appearance of the community, Council s subsidy, lot width (80 feet), freeing of existing housing, reduction in dependency on Council. The Council decided to implement a pilot project this year. Twenty housing units are built and put up for sale. Six sales are already confirmed and a great deal of interest is anticipated when the finishing will be more advanced. The First Nation was approved for credit enhancement and capacity building Programs under the FNMHF. The Fund guarantees the loans for private ownership and for Rent-to-Own programs and for the rental units under the economic development sector. The Fund also provides access to reduced interest rates. The Council of the Cree Nation of Wemindji is of the opinion that it is now equipped with the tools it needs to engage the people within the scope of private home ownership and Rent-to- Own Programs. Cree Nation of Wemindji, Regional Meeting on Housing (Presentation) 12. Closing Remarks Chief Madeleine Paul extends her thanks to the participants for their presence and their collaboration during these past two days. AFNQL will continue to inform the First Nations on the developments relating to the various subjects addressed at the meeting