Vol. 151, No. 7 — April 5, 2017

Registration
SOR/2017-46 March 24, 2017

FIRST NATIONS LAND MANAGEMENT ACT

Order Amending the Schedule to the First Nations Land Management Act

P.C. 2017-257 March 24, 2017

Whereas, pursuant to subsection 45(1) (see footnote a) of the First Nations Land Management Act (see footnote b), the Governor in Council is satisfied that the signing of the Framework Agreement, as defined in subsection 2(1) (see footnote c) of that Act, on behalf of the First Nations listed in the annexed Order has been duly authorized and that the Framework Agreement has been signed;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to subsection 45(1) (see footnote d) of the First Nations Land Management Act (see footnote e), makes the annexed Order Amending the Schedule to the First Nations Land Management Act.

Order Amending the Schedule to the First Nations Land Management Act

Amendment

1 The schedule to the First Nations Land Management Act (see footnote 1) is amended by adding the following after item 119:

Item

Column 1


First Nation that has signed the Framework Agreement

Column 2

Land code
coming-into-force date

120

Kitsumkalum

  

121

Lake Cowichan First Nation

  

122

Namgis First Nation

  

123

Okanagan

  

124

Sts’ailes

  

125

Tsartlip First Nation

  

126

Fort Nelson First Nation

  

127

Brunswick House

  

Coming into Force

2 This Order comes into force on the day on which it is registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issues

A First Nation that has signed the Framework Agreement on First Nations Land Management (the “Framework Agreement”) and is scheduled to the First Nations Land Management Act may assume control of its reserve lands. This process enables the First Nation to enact laws with respect to land, the environment and resources. These community laws replace 32 land management provisions of the Indian Act.

Eight First Nations have signed the Framework Agreement and have requested to be scheduled to the First Nations Land Management Act. These First Nations are Kitsumkalum, Lake Cowichan First Nation, Namgis First Nation, Okanagan, Sts’ailes, Tsartlip First Nation and Fort Nelson First Nation in British Columbia; and Brunswick House in Ontario.

Government intervention is required as a First Nation may only be added to the schedule to the First Nations Land Management Act through a Governor in Council regulatory amendment.

Background

For years, First Nations have expressed concerns that land management under the Indian Act does not allow their communities to fully participate in sustainable economic development activities on their reserve land. In 1991, a group of First Nation chiefs approached the Government of Canada with a proposal to opt out of 32 provisions in the Indian Act on land and resources. As a result of this proposal, the Framework Agreement was negotiated by 14 First Nations and Canada in 1996 and later ratified by the First Nations Land Management Act (1999).

The Framework Agreement and the First Nations Land Management Act, which together are known as the First Nations Land Management Regime (the “Regime”), provide signatory First Nations with the authority to establish their own land, resource and environment management laws, and opt out of the 32 sections of the Indian Act that relate to land management. They also enable signatory First Nations to generate and manage revenues, royalties and fees from land transactions and operate at the speed of business.

Responding to increasing demand from other First Nations, the Framework Agreement and the First Nations Land Management Act were amended in 2002 to open this opportunity to other interested First Nations. To date, 119 First Nations have signed the Framework Agreement and have been scheduled to the First Nations Land Management Act.

Objectives

As a form of sectoral self-government and part of the continuum towards self-sufficiency, the Regime recognizes the right of First Nations to govern themselves and their lands as enshrined in the United Nations Declaration on the Rights of Indigenous Peoples. The mandate letter for the Minister of Indian Affairs and Northern Development committed to reconciliation and a renewed nation-to-nation relationship with Indigenous Peoples. Furthermore, the 2016 Budget committed the Government of Canada to public investments that support Indigenous economic development and infrastructure on reserve. By supporting enhanced access to First Nation lands and capacity to manage their lands, the Regime provides a strong foundation for a renewed nation-to-nation relationship. It also provides better circumstances for First Nations to improve their land management system and processes (i.e. governance and decision-making, community support, relationship building, more favourable terms and conditions, etc.).

Description

Pursuant to section 45 of the First Nations Land Management Act, this regulatory amendment adds the following eight First Nations to the schedule of the Act: Kitsumkalum, Lake Cowichan First Nation, Namgis First Nation, Okanagan, Sts’ailes, Tsartlip First Nation, Fort Nelson First Nation and Brunswick House.

“One-for-One” Rule

These amendments to the schedule to the First Nations Land Management Act do not result in any new administrative burden for businesses, nor do they remove any administrative burden on businesses. The “One-for-One” Rule, therefore, does not apply.

Small business lens

These amendments to the schedule to the First Nations Land Management Act do not impose any requirements on business. In contrast, existing compliance costs of businesses on reserve may decrease as a result of these amendments as businesses can deal directly with First Nations instead of the federal government. The small business lens, therefore, does not apply.

Consultation

The Chief and Council of each of the identified First Nations signalled their interest to opt out of the land management provisions of the Indian Act, and to join the First Nations Land Management Act through the submission of a Band Council Resolution and an application for entry into the Regime. In addition, all eight First Nations have signed the Framework Agreement. Given that opting into the First Nations Land Management Act is made at the request of the First Nations, each has their own internal consultation process. Therefore, it is not necessary to undertake consultations over and above those already conducted by the First Nation with its members.

Rationale

Adding these eight First Nations to the First Nations Land Management Act will benefit these communities by enabling them to

As a result, these communities may benefit from higher quality jobs, increased internal investments through member-owned enterprises, increased external investments through joint partnerships with third parties, increased employment of band members as well as increased employment opportunities for non-members and neighbouring communities, thereby injecting money into local communities. First Nations operating under the First Nations Land Management Act have indicated that not one community would want to return to the Indian Act and lose responsibility over their reserve lands and resources.

By supporting enhanced access to First Nation lands and capacity to manage their lands, the Regime provides a strong foundation for a renewed nation-to-nation relationship. It also provides better circumstances for First Nations to improve their land management system and processes (i.e. governance and decision-making, community support, relationship building, more favourable terms and conditions, etc.).

Implementation, enforcement and service standards

The Framework Agreement delegates land management responsibilities to signatory First Nations. It provides First Nations with the legal status and power to manage and govern their lands and resources. They are able to lease or develop their lands and resources subject to any limits imposed by their own laws. The Government of Canada will remain liable for and will indemnify a First Nation for losses suffered as a result of any act or omission by the Government of Canada or its agents that occurred before the laws came into effect. After that date, the First Nation is responsible for its own acts or omissions in managing its lands. The Government of Canada continues to hold title to First Nation land, although it has no management authority over the land.

There are no compliance and enforcement requirements associated with scheduling First Nations to the First Nations Land Management Act. Ongoing compliance and enforcement strategies in relation to First Nations laws once operational will be the responsibility of the First Nations. The Government of Canada provides an annual contribution to each operational First Nation under the Regime to assist with all activities related to land management.

Contact

Cheri Reddin
Director
Community Lands Development Directorate
Lands and Economic Development Sector
Indigenous and Northern Affairs Canada
10 Wellington Street, Room 17E
Gatineau, Quebec
K1A 0H4
Telephone: 819-994-2210
Fax: 819-953-0517
Email: Cheri.Reddin@aadnc-aandc.gc.ca