Land Development

Will First Nations be able to develop their land?

Yes. First Nations will be able to create land development policies and laws to promote economic development. The First Nation may also become directly involved in economic development activities to create revenue and job opportunities for its members.

Can First Nation land be mortgaged?

No. Title to First Nation land remains with the federal Crown and cannot be mortgaged. Title to First Nation land cannot be lost through legal process.

Can interests in First Nation land be mortgaged?

Yes. Leasehold interests are capable of being mortgaged. In its Land Code, a First Nation may allow leasehold interests on First Nation land to be subject to mortgages and seizure by third parties.

A First Nation may also allow any certificates of possession held by members to be mortgaged to the First Nation itself or to other members.

In the event of the default on a leasehold mortgage, the First Nation has first right to redeem the mortgage.

Will personal property be subject to seizure under legal process?

No. The current exemption of personal property situated on-reserve will continue under the relevant provisions of the Indian Act, s. 89(1).

Can First Nation land be sold?

No. Surrender for sale is prohibited in order to protect the land base of the First Nation for future generations.

Can First Nation land be exchanged?

Yes. A First Nation may decide that it is advantageous to exchange some of its First Nation land for other lands. Provision can be made in its Land Code for a procedure to negotiate and approve such exchanges. An exchange of land cannot occur without the consent of the First Nation community.