Framework Agreement on First Nation Land Management

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Framework Agreement on First Nation Land
Management
September 12, 2012

• Presentation to
• Tskwaylaxw First Nation

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What is The Framework Agreement?

• A government-to-government agreement signed in
  1996
• Negotiated between 14 First Nations and the
  Department of Indian Affairs
• Gives First Nations the option of withdrawing
  their lands from the Indian Act in order to
  exercise control over their lands and resources
• Sets out the powers that will be transferred to
  the First Nation and is source of First Nation
  land management authorities

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The original 14 First Nations Signatories

• Westbank, British Columbia
• Musqueam, British Columbia
• Lheidli Tenneh, British Columbia
• NQuatqua, British Columbia
• Squamish, British Columbia
• Siksika, Alberta
• Muskoday, Saskatchewan
• Cowessess, Saskatchewan
• Opaskwayak Cree Nation, Manitoba
• Nipissing, Ontario
• Mississaugas of Scugog Island, Ontario
• Chippewas of Mnjikaning, Ontario
• Chippewas of Georgina Island, Ontario
• Saint Marys, New Brunswick

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First Nation Land Management Act

• It was enacted by Parliament in June 1999
• It ratifies the Framework Agreement for the
  federal government
• Sets out the federal governments powers and
  obligations under the Framework Agreement
• It does not control Framework Agreement First
  Nations

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Framework Agreement on First Nations Land
Management Timeline
Draft Principles Framework Agreement on First
Nation Land Management
Framework Agreement on First Nation Land
Management
Federal Ratification Process First Nations Land
Management Act
Expansion 14 First Nations
37 Land Codes Ratified 90 First Nations Signatory
18 FN to be developmental between 2012-2016
Developed by Chiefs from 14 First Nations and
Minister of DIA 1980/90s
Signed by 14 Chiefs and Minister of
DIA February, 1996
Parliament of Canada Ratified First Nation Land
Management Act June, 1999
Announced by the 14 LAB Chiefs and Minister of
DIA March 2003
January 2012
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Role of the Lands Advisory Board (LAB) and the
Resource Centre

• Lands Advisory Board
• Elected political body comprised of 10 Board
  Members the Chairman
• 3 regions in Canada (BC, Prairies, East)
• 4 Prairie Board Members
• 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 developmental and
  operational communities

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Principles of the FA

• Inclusion of on and off reserve First Nations
  members
• Once a Land Code is ratified by the community,
  the land management provisions of the Indian Act
  (approx. 25) no longer apply
• First Nation lands continue to be lands reserved
  for Indians within the meaning of section 91(24)
  of the Constitution Act, 1867 (not fee simple
  lands).
• Law making power over lands and resources
• Special relationship with the crown is retained

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Principles of the FA

• Legal status and capacity clearly defined
• No expropriation of reserve lands by government
• Protection of treaty rights or aboriginal rights
• Canada continues to be liable for previous acts
  and omissions (e.g. settlement of land claims).

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Principles of the FA

• A third party interest on reserve is protected
  until that interest has expired (e.g. valid
  leases continue)
• An individual band members interest is protected
  on reserve (e.g. valid CP and other legal
  interests continue)
• Local dispute resolution mechanisms are to be
  developed to the satisfaction of the First Nation
  community
• Matrimonial real property provisions are to be
  developed by the community
• Conflict of Interest provisions are mandatory,
  ensuring fair land practices

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Framework Agreement on First Nation Land
Management
Federal Government
First Nation
Ratification Process
Individual Agreement
First Nations Land Management Act
Land Code
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Framework Agreement
Land Code Law-making powers Law-making
processes Community consultation Land
Protection Administration Accountability Land
Interests Dispute Resolution
Individual Agreement Sets out specifics of the
transfer of federal authority from the Indian Act
to the First Nation Environmental Assessments
Attached as schedules Sets out the First Nation
funding levels that accompany the transfer
Community Ratification Process Membership Votes
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Community Successes

• Nipissing First Nation (2010 Labour Survey
  results)
• 35 businesses (40 participation)
• Employment 155 individuals employed
• 43 members / 63 Native people / 49 non-Native
• 42,808 average or 6.6 million in wage costs
• Estimate total 386 jobs _at_ 16.5 million in
  employment dollars

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Community Successes

• Whitecap Dakota First Nation (2011)
• Population 320 members (562 total)
• 19 Consecutive unqualified audits
• Numerous developments (golf course, casino,
  heritage trail, etc.)
• 100 million capital investment / 700 jobs
  created / 90 million generated in revenue
  annually / 1.4 million tourist visits per year
• Unemployment reduction 1993 (67) / 2011 (5)
• Provincial average 4.7

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KPMG Findings

• 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).

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KPMG Findings

• Framework Agreement has contributed to First
  Nations increasing the number of businesses 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).

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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).

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37 Operational First Nations who have Ratified
their Land Codes and are Managing their Reserve
Lands and Resources

• British Columbia
• Lheidli Tenneh
• Westbank
• McLeod Lake
• Beecher Bay
• Tsawwassen
• Tskwaylaxw
• Sliammon
• Kitselas
• Shxwhay Village
• TSou-ke
• Squiala
• Tsleil-Waututh

• Saskatchewan
• Muskeg Lake
• Muskoday
• Whitecap Dakota
• Kinistin
• Kahkewistahaw
• Manitoba
• Opaskwayak Cree Nation
• Chemawawin
• Swan Lake
• Ontario
• Mississaugas of Scugog Island
• Chippewas of Georgina Island
• Henvey Inlet
• Mississauga First Nation
• Nipissing
• Whitefish Lake
• Anishnaabeg of Naongashiing

• Sumas
• Songhees
• Nanoose
• Matsqui
• Tzeachten
• Leq a mel
• Seabird Island
• We Wai Kai
• Skawahlook
• Tsawout

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• www.fafnlm.com