The structure of property rights on Canadian reserves has been noted as a factor hindering economic development. This article examines two First Nations communities that have developed their own land code (after being granted the option to do so in the 1999 First Nations Land Management Act) and how it impacted development on reserve. The article summarizes the issues of property rights and its historical effects on economic development. The two communities later examined are Mississaugas of Scugog Island First Nation and Muskoday First Nation. The paper argued that land codes reduced the transaction costs by eliminating government involvement and allows lands to be managed in accordance to the needs and knowledge of the local people. However, while land codes allow bands to strengthen its individual property rights, it is up to the band to develop their land code in a way that does. Therefore it is not guaranteed to aid in economic development. The article does not do any original research, rather it examines the problems with rights under the Indian Act, compares it to Native American land rights, and does an in depth analysis and comparison of two land codes that have been put in place. As I own a copy of the Lower Nicola Indian Band’s land code it was interesting to compare it with the legislation outlined in the article. I was looking at this study earlier in the semester because it acknowledged the previous issues with creating new businesses on reserve all the bureaucratic red tape and extremely long waits for business proposal approvals. This drove the examination of systems being put into place to change that and encourage economic growth. However since I have steered my focus further away from the economic development topic I find this resource useful in looking at land codes to examine a bands legal framework around property and housing rights which would affect the both the need and the ability to implement sustainable technologies.
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