Transcript Slide 1
Presentation to the Assembly of First Nations
Montreal, Quebec
Monday November 8, 2010
The guiding document; federal legislation ratifies the Agreement
for Canada
A government-to-government arrangement signed in 1996
Initially negotiated between 14 First Nations and Canada; now
expanded to include 58 signatory First Nations
Sets out the governance powers that will be transferred to the
First Nation (1. Manage lands and Resources; 2. Make Laws; 3.
Administer Laws; & 4. Enforce Laws)
Sets out the process for the transfer of control from Canada
The First Nations’ authority to govern lands and resources is
inherent and recognized
Agreement cannot be amended without the consent of
the First Nations
The First Nation Land Management Act was enacted by
Parliament in June, 1999;
The federal law that ratifies and brings into effect the
Framework Agreement
The First Nation Land Management Act cannot be unilaterally
amended by Canada without First Nations first amending
the Framework Agreement
Wording must be consistent with the Framework Agreement
The First Nation law that ratifies the Framework
Agreement for the First Nation;
Developed by the First Nation subject to the Framework
Agreement; and
Sets out the First Nations powers and obligations for
reserve land management;
Framework Agreement on First Nation Land Management
First Nation
Land Code
Framework
Agreement on
First Nation Land
Management
Individual
Agreement
Ratification
Process
Federal Government
First Nations
Land
Management
Act
Bill C-49
Lands Advisory Board
Elected Political body
comprised of 10 Board
Members + the Chairman
Representing 3 regions in
Canada (BC, Prairies, East)
Supports First Nations in
accordance with the
Framework Agreement
FNLM Resource Centre
Technical Body established by
the Lands Advisory Board
Day-to-day operations
including support for LAB
activities, financial
administration, and technical
advice and support to
operational and
developmental communities
ON
MB
SK
AB
BC
Alderville
Anishinaabeg of Naongashiing
Dokis
Chippewas of Kettle & Stony
Rama Mnjikaning
Buffalo Point
Pasqua
Kahkewistahaw
Fort Mckay
Squamish
Musqueam
Snaw Naw As (Nanoose)
Sumas
Campbell River
Songhees
BC
Lheidli T’enneh
Westbank*
McLeod Lake
Beecher Bay
Tsawwassen*
Ts’kw’aylaxw
Sliammon
Kitselas
Shxwha:y Village
T’Sou-ke
Squiala
Tsleil-Waututh
Matsqui
Tzeachten
Leq’ a: mel
Seabird Island
We Wai Kai
Skawahlook
Tsawout
SK
Muskeg Lake
Muskoday
Whitecap Dakota
Kinistin
Opaskwayak Cree Nation
Chemawawin
Swan Lake
Mississaugas of Scugog Island
Chippewas of Georgina Island
Henvey Inlet
Mississauga First Nation
Nipissing
Whitefish Lake
MB
ON
* Denotes communities now operating under self-government agreement or treaty
Approximately 74 communities have submitted
BCRs expressing interest in becoming signatories;
and
The LAB is optimistic the Minister will open the
Framework Agreement to new First Nations effective
April 2011.
First real recognition of First Nations inherent right to manage their
own reserve lands and resources;
Removal of First Nation reserve lands from the administrative
provisions of the Indian Act;
Lands continue to be “reserves” protected under Section 91(24) of the
Constitution Act;
Reserve lands cannot diminish in size and are protected for future
generations
Protection against any provincial or federal expropriation of First
Nation land except in a national emergency;
A First Nation developed Registry system that is:
Paperless
Instant
Priority Based
Backed by Regulation not policy
Developed with the input of Financial institutions (RBC, CBA)
Allows for title insurance
Recognition of real law-making powers respecting the First
Nation;
Ability to reflect First Nation Traditions in the Land Code
Community control over land governance and economic
development
More efficient management of First Nation reserve lands (i.e. a
lease arrangement under the Framework Agreement takes 1 month
as opposed to 12-24 months under the Indian Act [KPMG]);
Greater ability to take action on business opportunities, GOC approval not required
Significantly less transaction costs
Supports the establishment of clear, transparent rules for the protection and development of
reserve lands
Ability to create local dispute resolution processes
•First
Nations are able to complete land transactions more
efficiently than Canada;
•First
Nations can do the job for less cost than Canada;
•Framework
Agreement First Nations are increasing the average
annual number of land transactions by a 9% rate as opposed to
transactions by First Nations under the Indian Act which are
decreasing on average by 1%; and
•Framework
Agreement provides better circumstances for First
Nations to improve their land governance systems and processes
(i.e., governance and decision making, facilitation of market
opportunities).
Framework Agreement is impacting economic development efforts
on reserve land:
Framework Agreement has contributed to First Nations
increasing the number of business on reserve, with most
new businesses being First Nation member-owned business
(increased entrepreneurial activity).
Framework Agreement First Nations are expanding their
business development to new and/or different industry
areas.
Framework Agreement First Nations are beginning to see a
shift in the quality of jobs available on reserve by providing
jobs that require higher levels of education (2,000 jobs
created).
KPMG Findings
Framework
Agreement First Nations have experienced increasing
internal and external investment in their communities (over $100
Million in internal and external investment).
Additionally,
this investment occurred in more areas than before
(i.e., hard/soft infrastructure, business regeneration/growth, new
business).
Recommended that the government should:
“ensure that First Nations who are ready and who want greater autonomy
over their land management can access.... the First Nations Land
Management Act regime.”
(Fall 2009 Report of the Auditor General of Canada, Chapter 6, Land Management and
Environmental protection on Reserves; Office of the Auditor General of Canada, Ottawa, Canada
– page 11. Paragraph 6.34 )
www.labrc.com
Questions?