I am a Developmental First Nation
As a signatory to the Framework Agreement the First Nation will:
- Develop a land governance system by creating its own Land Code (LC); the LC will replace the 44 land management sections under the Indian Act
- Enter into an Individual Agreement (IA) with Canada; identifies what will be transferred into First Nation control
- Develop a Community Ratification Process (CRP); a process which will guide the voting process of the First Nation community members in approving the two documents mentioned above
The specific steps are set out in the Framework Agreement.
Overview of Developmental Process
Formalization
- Expression of Interest (BCR)
- Land Governance Community Profile Form (LGCPF)
- Framework Agreement – Adhesion Document
- Developmental Phase Funding Agreement (DPFA)
3-Year Developmental Process
- Workplan – schedule quarterly activities outlined in DPFA
- Reporting – submit completion of DPFA milestones to release funding
- Communication – Technical Calls/Meetings, All-Party Meetings, Community Engagement, etc.
Lands Advisory Board (LAB)
Elected political body comprised of 10 Board Members + the Chairman. 3 regions in Canada (BC, Prairies, East). Supports First Nations in accordance with the Framework Agreement
FNLM Resource Centre (RC)
Technical Body established by the Lands Advisory Board. Day-to-day operations including support for LAB activities, financial administration, and technical advice. Support to developmental and operational communities
Verifier
Independent person recommended by LAB and jointly appointed by the FN and Canada to monitor and confirm that the Community Ratification Process (CRP) and Land Code (LC) are consistent with the Framework Agreement
Natural Resources Canada (NRCan)
Research and compilation of info for the Land Description Report (which includes the creation of the boundary description, the accompanying administrative sketches, Land Management Transfer plans, research documentation and the analysis of the documentation)
Government of Canada (CAN)
Is primarily responsible for the negotiation and completion of the Individual Agreement and the various appendices. Assists First Nations cooperatively on completing Environmental Site Assessment work. The finalization of the land description with NRCan
The Land Code is drafted and approved by the community and will be the basic land law of the First Nation that replaces the 44 land management provisions of the Indian Act.
- Identifies the reserve lands to be governed by the First Nation under its Land Code,
- Sets out the general rules and procedures for the use and occupation of these lands by First Nation members and others,
- Provides financial accountability for revenues from the lands (except oil and gas revenues, which continue under the Indian Oil and Gas Act),
- Provides the procedures for making and publishing First Nation land laws,
- Provides conflict of interest rules,
- Provides a community process to develop rules and procedures applicable to land on the breakdown of a marriage,
- Identifies a dispute resolution process,
- Sets out procedures by which the First Nation can grant interests in land or acquire lands for community purposes,
- Allows the delegation of certain land management responsibilities,
- Sets out the procedure for amending the Land Code,
- Deals with any other matter respecting the governance of First Nation reserve land and resources.
An Individual Agreement between each community and the Minister will be negotiated to deal with such matters as:
- The reserve lands to be managed by the First Nation,
- The specifics of the transfer of the administration of land from Canada to the First Nation,
- The transitional and operational funding to be provided by Canada to the First Nation for land governance.
In order for the First Nation to assume control over its lands, the Land Code and the Individual Agreement must be ratified by the voting age members of the First Nation. All members of the First Nation who are at least 18 years of age, whether living off-reserve or on-reserve, have the right to vote on the Land Code and the Individual Agreement. The procedure for the community ratification process is developed by the community in accordance with the Framework Agreement.
Although the Minister will no longer be involved in the management and decision making of a First Nation’s reserve lands, 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. After that date, the First Nation is responsible for its own acts or omissions in managing its lands.