Lands

What lands are involved?

A First Nation will be able to take responsibility for all of its reserve lands. If a First Nation has more than one reserve, it would be able to choose which reserves are to be managed. Each reserve to be subject to the Land Code will be described in the Land Code. These lands are called “First Nation lands”. Only reserve lands are included.

Lands received under treaty land entitlement, specific claims settlement, etc. could become First Nation land only if they are made reserve lands.


Will the land management powers extend beyond the reserve boundaries to traditional First Nation territories?

No. The land management powers only relate to reserves of the First Nation. The Framework Agreement does not affect any lands, or any rights in lands, that are not subject to the Agreement.


Is First Nation land considered to be fee simple land?

No. First Nation land will continue to be reserve lands. Title to land will continue to be held by Her Majesty in right of Canada and the land remains set apart for the use and benefit of a First Nation. First Nation lands remain a federal responsibility under section 91(24) of the Constitution Act, 1867. However, jurisdiction over the land and decision making in relation to the land will be in the hands of the First Nation. The First Nation will, for all practical purposes, act as if it were the owner of the land, except for control over title or the power to sell the land.


What resources are covered by the Framework Agreement?

The Framework Agreement covers reserve lands and resources. Included are all the interests, rights and resources that belong to that land, to the extent that these are under the jurisdiction of Canada and are part of that land.

Forestry resources are included within the scope of the agreement. Crops, livestock and other matters related to agriculture are included.


What resources are not included?

Fishing, migratory birds and endangered species are not included. The Framework Agreement does not affect or extend existing rights and powers, or create additional rights and powers, related to fisheries and is not intended to affect rights and powers relating to migratory birds or endangered species. These matters may or may not be dealt with in the context of other negotiations.

Oil and gas resources are not included. The Indian Oil and Gas Act will continue to apply to any First Nation lands, or interests in First Nation land, that are “Indian lands” within the meaning of that Act.

Uranium and radioactive minerals are also not included. The Atomic Energy Control Act, or any successor legislation will continue to apply to First Nation land.