Understanding the boundary extension to include Snuneymuxw reserve lands

FAQs: municipal boundary change to involve Snuneymuxw First Nation reserve lands

• What is the boundary change?

  Snuneymuxw First Nation and the City of Nanaimo jointly requested support from the Province in initiating a municipal boundary change that would see Snuneymuxw reserve lands (IRs 1, 2, 3 and 4) included within the City of Nanaimo. This work supports commitments in City Plan to advance Truth and Reconciliation by strengthening opportunities for SFN members to participate in City elections.

• Why did the City undertake a boundary change?

  When Nanaimo amalgamated in 1975, reserve lands were not included in the City’s Letters Patent. As a result, SFN members living on reserve vote in Regional District of Nanaimo (RDN) elections rather than municipal elections.

  
  

  A recent federal transfer of former Department of National Defence lands near Vancouver Island University to SFN, and their designation as reserve lands within the City boundary, means some SFN members living on reserve could vote in City elections in the future while others could not. The boundary change aims to ensure fairness and consistency.

• How did SFN members living on reserve vote before the boundary change?

  Previously, SFN members living on reserve voted in RDN Electoral Area elections and school trustee elections not for the Mayor and Council of Nanaimo.

• How has voting changed with SFN reserve lands being added to the City boundary?

  Eligible SFN members living on those reserves within City limits will now be eligible to vote for the Mayor and Council of Nanaimo and participate in assent voting processes (referendum or alternative approval processes).

  This aligns with B.C. rules for electors living on reserve:

  • If a reserve is within a municipality and included in its Letters Patent, electors vote for that municipal council.

• Why is voting eligibility tied to municipal boundaries?

  In B.C., where an elector living on reserve votes depends on whether the reserve is included within a municipal boundary or a regional district electoral area.

  • Reserves included in a municipality’s Letters Patent vote municipally.
  • Reserves excluded from a municipality vote for the regional district director.

• What is Letters Patent?

  Letters Patent are legal documents issued by the B.C. government to create or modify a municipality or regional district. They set out the local government’s boundaries, name, and any special governance provisions, and are considered the constituting documents of a local government.

  Letters Patent are issued when a local government is incorporated or when something within those documents, such as a boundary, is amended.

• Does the boundary change affect taxation or services on SFN reserve lands?

  No. Existing servicing agreements between SFN, senior governments and the City remain unchanged.

  The City does not gain new regulatory or taxation authority on reserve lands; those remain with SFN and federal jurisdiction.

  SFN has existing City water and sewer services. Services such as infrastructure and transportation continue to be delivered through agreements between Snuneymuxw and other governments.

• What is the process for changing a municipal boundary?

  Under the Local Government Act, elector assent is required before considering a municipal boundary extension. This includes an alternative approval process (AAP) for residents to provide input and a review and approval process by the Province.

• Who is eligible to vote in local government elections?

  Electors living on reserve, Indigenous and non-Indigenous, are eligible to vote if they:

  • Are 18 or older
  • Are Canadian citizens
  • Have lived in B.C. for at least six months
  • Reside on the reserve at the time of registration
  • Are not otherwise disqualified from voting These requirements apply regardless of whether the reserve is within a municipality or regional district.

• How does someone living on reserve know where they vote?

  According to the Province of B.C.:

  
  

  • If the reserve is included in a municipality’s Letters Patent, electors vote municipally.
  • If the reserve is excluded, electors vote for the regional district director.
  • For reserves straddling both, electors vote based on which portion they live on.

  
  

  Residents can confirm voting locations by contacting the applicable local government.

• How does the boundary change affect local elections for the RDN?

  Electors living on SFN reserve lands that have moved into Nanaimo’s boundary will no longer vote for the RDN Electoral Area Director and will instead vote in Nanaimo’s municipal elections.