Federal Responsibility

Is there any continuing federal responsibility for First Nations lands?

Canada will continue to hold title to First Nation land, although Canada will have no management authority over the land.

The Minister of Indian Affairs and Northern Development will no longer be involved in the management of the First Nation’s reserve lands.


Who is liable for damages related to First Nation land?

Canada will remain liable for and will indemnify a First Nation for losses suffered as a result of any act or omission by Canada, or its agents, that occurred before the Land Code comes into effect.

Once a Land Code takes effect, the First Nation is responsible for its acts or omissions in managing its lands.


What happens to Canada’s fiduciary obligation?

The fiduciary obligation of Canada continues under the Framework Agreement. The scope of Canada’s obligation is reduced, however, because the First Nation is making the day-to-day decisions regarding its lands. Canada would continue to be involved in any land exchange that might take place and for maintaining the First Nations Land Register.