Lands Advisory Board First Nations Land Management Resource Centre Media Kits January 2012

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2 Lands Advisory Board First Nations Land Management Resource Centre Media Kits January 2012 Table of Contents PROFILES... 4 LANDS ADVISORY BOARD CHAIR... 4 RESOURCE CENTRE CHAIR... 5 KEY POINTS... 6 THE FRAMEWORK AGREEMENT SUCCESS STORY... 6 RECENT DEVELOPMENTS... 8 PRESS RELEASE 18 NEW ENTRANTS... 8 PRESENTATION BY CHIEF LOUIE AFN CROWN JANUARY 24, BACKGROUND INFORMATION PRINCIPILES OF THE FRAMEWORK AGREEMENT PRESS RELEASES CANADA RATIFIES THE FRAMEWORK AGREEMENT OPENING THE FRAMEWORK AGREEMENT TO ALL FIRST NATIONS SEVENTEEN FIRST NATIONS BECOME SIGNATORIES QUOTES FROM THE 2003 SIGNING CEREMONY NANOOSE LAND CODE VOTE MEMORANDUM OF UNDERSTANDING ON FUNDING KAHKEWISTAHAWLAND CODE VOTE HISTORY DIAGRAM OF HISTORY LAB RC HISTORY, ROLES AND RESPONSIBILITIES... 36

3 FIRST NATIONS LANDS MANAGEMENT UNDER THE FRAMEWORK AGREEMENT SUMMARY OF BENEFITS TO FIRST NATIONS FRAMEWORK AGREEMENT PRESENTATION QUESTIONS AND ANSWERS WEB RESOURCES... 86

4 BIO: Robert Louie Chair Lands Advisory Board Robert Louie, LL.B., of Kelowna, B.C. is the Chief of the Westbankk First Nation. He is also the Chairman of thee First Nations Lands Advisory Board and Chairman and Board of Director member of Peace Hills Trust (Financial Institution). He served as a Board of Governorr member with the University of British Columbia and as a member of the President s Advisory Council of the University of British Columbia Okanagan (UBC O). Chief Louie is also a former practicing lawyer who specialized in native law. Previously he was a member of a Task Group off the First Nations Summit, and was involved in B.C. treaty negotiation ns representing the Chiefs in B.C. for a period of 4 years. Chief Louie has served on numerous other boards and advisory bodies, including the National Aboriginal Economic Developmentt Board, First Nations Finance Authority Inc., Alll Nations Trust Company, Kelowna Chamber of Commerce, United Native Friendship Society, and the Premiere s Advisory Council of Aboriginal Affairs. Chief Louie has been the recipient of many awards and recognitions over the years. Most recent, and by far the most prestigious, was his appointment as an Officer to the Order of Canada. He is also the owner of several successful businesses in the Kelowna area. Robert Louie, OOC 2220 Horizon Drive East Kelowna, BC V1Z 3L4 WFN Office phone: (250) (direct line) ) WFN Office fax: (250) (direct line) Home phone: (250) Home Office phone: (250) (LAB)) Home Office fax: (250) (LAB) Page 4

5 BIO: Austin Bear Chair First Nations Lands Advisory Board Resource Centre Austin Bear is the Chief of the Muskoday First Nation. Chief Bear is the President/ Chair of the National Native Addictions Partnership Foundation since 2000, which works at the national level too strengthen support and promote excellence in thee Aboriginal addictions system in Canada. He has also served as the Chief of Muskoday First Nation for 21 years, and was elected in Chief Bear s accomplishments are numerous and he demonstrates leadership in the field of addictions; in the community, provincially, nationally and internationally. Chief Bear s involvement with NNADAP began when he held the position of Coordinator/Community Worker forr the Muskoday First Nation. In the five years of service to NNADAP, he developed alcohol and substance abuse prevention programming for the community. Chief Bear has enjoyed 22 years of sobriety and is a Certified Addictions Counsellor. Finally, Chief Bear s long standing and tireless work to build and sustain partnerships, to build relationships with other First Nations, with Indigenous and mainstream communiti ies and organisations, governments, academic institutions and private sector bodies is his strongest and most effective contribution to the future of his community. In addition to his role as Chief, Austin sits on many regional, national, international boards, committees and commissions and the following are just an example of his long list of accomplishments: Director & Chairperson, First Nations Lands Advisory Board Resource Centre Board of Directors Saskatoon Tribal Council Chair Dakotaa Dunes Community Development Corporation Federation of Saskatchew wan Indiann Nations Treasury Board Austin Bear 66 Heritage Place Muskoday, SK S0J 3H0 Office phone: (306) Office fax: (306) Page 5

6 The Framework Agreement Success Story A recent independent study by KPMG commissioned by the Lands Advisory Board [LAB], which represents the Framework Agreement First Nations, and Canada. KPMG was asked in to provide a cost/benefit analysis of adding new First Nations signatories to the Framework Agreement. The highlights of the KPMG findings are printed in the LAB Annual Report. First Nations have direct control over their reserve lands and resources under the Framework Agreement and this accelerates decision-making. KPMG has confirmed that these communities are more efficient than Canada in processing and registering land transactions, the key to economic development. What communities accomplish in days/weeks to accelerate economic development, the Minister requires months/years to complete under the Indian Act. As a result, Framework Agreement First Nations are: experiencing an overall average increase in registered land transactions of 9% per year, whereas Indian Act First Nations show a decrease of 1%; estimated to increase their future registered land transactions over the next ten years by 32%, whereas Indian Act First Nations indicate a decrease over this period of 5%; processing and registering transactions [eg ] at an average cost ranging from $370 to $1,500, whereas Canada s costs exceed $2,400 per transaction. 1 Page 6

7 The Framework Agreement Success Story As a result of accelerated economic development opportunities, Framework Agreement First Nations are benefiting in other areas as well. Communities are: experiencing a shift in the quality of jobs now available on reserve, and these opportunities require higher levels of education; attracting significant INTERNAL investment [approximately $53 million to date overall] through member-owned enterprises; attracting significant EXTERNAL investment [approximately $100 million to date overall] in joint-partnerships with third parties: Georgina Island First Nation (ON) is completing negotiations on a $55 million wind turbine energy project, including a $16 million investment by the First Nation and community partners and a $500,000 investment by Canada providing more than 2,000 employment opportunities for band members, thereby significantly reducing dependence on social programming; and providing more than 10,000 employment opportunities for non-members, thereby pumping hundreds of millions of dollars into local economies. The Framework Agreement First Nations informed KPMG that not one community would want to return to the Indian Act and lose responsibility over their reserve lands and resources. 2 Page 7

8 News Release THE HARPER GOVERNMENT ANNOUNCES 18 NEW ENTRANTS TO FIRST NATIONS LAND MANAGEMENT REGIME OTTAWA, ONTARIO (January 23, 2012) The Harper Government announced that eighteen more First Nations will soon begin a process to opt out of the 34 land-related sections of the Indian Act and assume control over their reserve land and resources. The announcement was made today by the Honourable John Duncan, Minister of Aboriginal Affairs and Northern Development, Chief Robert Louie, Chair of the First Nations Lands Advisory Board (LAB) and Chief Austin Bear, Chair of the First Nations Land Management Resource Centre Inc. The First Nations Land Management Regime has a proven track record of increasing economic development opportunities for First Nations, said Minister Duncan. Together with First Nations organizations and communities, we are working to build a future in which First Nations are self-sufficient and prosperous, making their own decisions, managing their own affairs and making strong contributions to the country as a whole. In Budget 2011, the Government of Canada committed to reallocating up to $20 million over two years to respond to the growing interest from First Nation leaders to participate in the First Nations Land Management (FNLM) Regime. These First Nations are the first new signatories to the Framework Agreement as part of this commitment. Today s announcement means that a total of 56 First Nations will soon be operating or developing their land codes under the Regime. First Nations operating with their own land codes have been successful in taking advantage of greater economic development opportunities at the speed of business. New signatory First Nations will be able to manage their land, resources and environment according to their own land codes, laws and policies. The First Nations include: Alexis Nakota Sioux Nation, Aitchelitz, Beausoleil, Bingwi Neyaashi Anishinaabek, Buffalo Point, Haisla Nation, Long Plain, Mashteuiatsh, Membertou, Miawpukek, One Arrow, Shuswap, Skowkale, St. Mary s, Stz uminus, Tsuu T ina, Williams Lake Indian Band and Yakweakwioose..../2 Page 8

9 -2- I am extremely excited and elated that 18 new First Nations who are well-deserving will be added as signatories to the Framework Agreement on First Nation Land Management," said Chief Louie. "This is an investment in First Nations that will bring significant returns to these First Nations and to the entire Canadian economy. For First Nations to be recognized as governing jurisdictions with their own decision making powers is the desire of First Nation communities across this country. Chief Austin Bear added: "Like Chief Louie, I also am extremely pleased that 18 additional First Nations will be added to the 58 current signatories to the Framework Agreement on First Nation Land Management. The Lands Advisory Board of Directors, and the Resource Centre Board of Directors, greatly appreciate the commitment by Minister Duncan and his senior officials to working so diligently to make today's announcement a reality. Today, these communities will begin their historic step and will now be able to create and respond to economic development opportunities at the speed of business. This is the result of taking back control of their reserve lands and resources so that they are the decision-makers." Improving economic opportunities for Aboriginal people is a priority for the Government of Canada. In June 2009, the Government of Canada released the Federal Framework for Aboriginal Economic Development (FFAED) which represents a fundamental change to how the federal government supports Aboriginal economic development. The FFAED emphasizes strengthening entrepreneurship, enhancing the value of Aboriginal assets, and forging new and effective partnerships to maximize the economic development potential of Aboriginal Canadians Backgrounder - First Nations Land Management Regime For additional information please visit the Lands Advisory Board website: This release is also available on the Internet at Page 9

10 For more information, please contact: Minister s Office Media Relations Jan O Driscoll Aboriginal Affairs and Northern Press Secretary Development Canada Office of the Honourable John Duncan Lands Advisory Board/Resource Centre Julie Pellerin Advisor Economic Development and Communications You can receive all our news and media updates automatically. For more information or to sign up for our Media Room RSS Feed, visit: Page 10

11 Presentation by Chief Robert Louie Assembly of First Nations Canada Gathering January 24, 2012 Ottawa, ON INTRODUCTION I would like to acknowledge the historical First Nation peoples who occupied these lands and say lim limpt (thank you) to those ancestors who looked after and protected these lands and resources so we could be here today. I would like to acknowledge the AFN National Chief Shawn Atleo; the AFN Regional Chiefs; the First Nation Chiefs and Council members; Elders; veterans; delegates and support staff; honoured guests; Prime Minister Harper, Minister John Duncan, his Cabinet colleagues; members of the press; ladies and gentlemen. I am honoured to be a panelist, along with my distinguished colleagues, and wish to thank the assembly for this opportunity. PRESENTATION My presentation will touch upon: what is needed to support First Nations maximizing their economic development potential and other opportunities; and what Canada can contribute to make this a reality. PRIMARY MESSAGE Governance jurisdiction by First Nations over their lands and resources is the key to success. To achieve success, First Nations do not have to replace reserve status of their lands with fee simple title. 1 P age Page 11

12 I. WESTBANK FIRST NATION I would like to share with you some of my community s accomplishments. (a) Background Westbank First Nation (Westbank) is one of 7 First Nations in the Okanagan Nation Alliance in British Columbia Westbank has 5 reserves of approximately 5,500 acres (soon to be in excess of 6,000 acres) Membership of approximately 720 Non native residents on Westbank lands are approximately 9,000 In 2003 the Westbank Land Code was completed under the Framework Agreement on First Nation Land Management In 2005 Westbank became fully self governing (b) Accomplishments to date Largest residential and commercial development of any reserve in Canada More land and lease transactions than any reserve in Canada Over 400 businesses on Westbank lands Over 1.35 million square feet in shopping centre development $1.2 billion dollars in assessed property taxes Over $11 million in property taxes collected annually $266 million in building permits issued by Westbank in the last six years Westbank is a vested owner in 2 shopping centres A dozen major banks and financial institutions on Westbank lands Land title insurance (first ever on reserve land in Canada) guarantees investments in excess of $10 million dollars Westbank administers the largest provincial infrastructure development on a reserve in the country (current project is a $41 million highway intersection and road network) 2 P age Page 12

13 Successful logging operation and forestry licence on over 150,000 acres of community forest land Joint venture partnership with a major developer on a world championship golf course, resort, residential and vineyard project that has a planned investment of $1 billion dollars over the next 20 year period. Phase 1 opens in spring In short, development on Westbank lands is occurring 24 hours a day, 7 days a week (c) Future Westbank Projects 100 bed Okanagan Health and Medical Clinic and related health services ($120 million dollar first phase) which will be the first of its kind in Canada Hotel (106 to 130 beds) will compliment the medical clinic Joint venture partnership on an aggregate business (d) Fiscal Statistics Gross Domestic Product (GDP) Growth rate from $100 million in 2003 to $458 million in 2009 GDP estimated at $500 million as of January 2012 Total annual tax revenue from business investments at $80 million in 2009 ($50 million going to Canada and $30 million going to B.C.) Canada s fiscal contribution to Westbank cost of governance is approximately 18%, the balance of 82% is from self generated revenues (e) Community Support Tools of governance must include a well thought out Comprehensive Community Plan, as well as strategic and business plans being in place and ongoing policy development. Community membership must be involved from the beginning to obtain community support and buy in The community must provide the direction and impetus The direction cannot be from the top down 3 P age Page 13

14 If additional resources were available to support First Nation comprehensive community planning development and implementation, this would speed up economic development opportunities and help ensure First Nations ventures are successful. Summary Westbank s economic growth rate has been remarkable, particularly after we exercised our land code jurisdiction under the Framework Agreement on First Nation Land Management, and later progressed to full self government. As a final example of our growth: In 1974, when I was first elected to Council, we operated out of a tiny 224 square foot trailer as our office, had monies for one secretary, and shared the salary of band administrator among the Chief and two Councillors. In 2012, 38 years later, we now have many buildings with upwards of 100,000 square feet that house more than 200 staff and a number of departments and services. Westbank departments and services include the areas of: o Administration o Engineering and planning o Economic Development o Inter governmental Affairs o Title and Rights o Taxation and Business o Communications o Culture and language and repository o Intermediate Care Facility o Council Secretariat o Legal o Health and Wellness o Education o School and School Board o Child Development Centre o Employment and Training o Public Works o Recreation Just to name a few 4 P age Page 14

15 II. FRAMEWORK AGREEMENT ON FIRST NATION LAND MANAGEMENT Governance jurisdiction by First Nations over their reserve lands and resources starts with the Framework Agreement on First Nation Land Management (Framework Agreement). The Framework Agreement is historic. This is the first time in Canadian history that First Nations from across the country have come together as a group to develop, negotiate and sign a government to government arrangement with Canada. (a) Statistical background In 1992 there were 14 Chiefs from across Canada searching for a way to take back control of their reserve lands and resources. In 1996 we negotiated and signed the Framework Agreement with Canada. In 1999 Parliament passed the First Nations Land Management Act ratifying Canada s commitment to the Framework Agreement. On January 1, 2000 day one of the new millenium 3 First Nations began operating under their own land codes and resumed jurisdiction over their reserve lands and resources, no longer held back by the paternalistic Indian Act. 37 First Nations now have ratified their land codes. 58 First Nations are signatories to the Framework Agreement. Yesterday, Minister Duncan announced 18 additional signatories, beginning in April These 76 signatory First Nations represent 12% of all First Nations in Canada. 65 other First Nations are currently on the waiting list to be added as signatories. 5 P age Page 15

16 (b) Framework Agreement is an Economic Development Success Story In 2009, the international consulting firm of KPMG conducted a study on the Framework Agreement costs and benefits to Canada KPMG studied a sample of 17 operational First Nations and the findings are remarkable: $53 million investment from member owned businesses $100 million investment from third parties businesses More than 2,000 employment opportunities for band members More than 10,000 employment opportunities for non members pumping hundreds of millions of dollars into local economies Administration costs per land transaction reduced to an average of $500 by First Nations compared to Canada s cost of more than $2500 Land transaction processing in days and weeks (at the speed of business), compared to Canada s time of months and years Significant social assistance reductions (for example, one community went from 67% down to 5%). Why is the Framework Agreement successful? 1 st it was developed and led by First Nations, not Canada, and continues to be led by First Nations 2 nd maintaining reserve lands is mandatory; they cannot be surrendered and sold; they must be protected for future generations; fee simple title is not allowed 3 rd total jurisdiction, decision making, and control are the responsibility of the community, not Canada 4 th The conclusion of the Harvard Study is correct: when First Nations are empowered with tools of self governance and self reliance, they are more likely to succeed. 6 P age Page 16

17 (c) Canada s Investment Federal funding is not a hand out to the Framework Agreement First Nations. The funding is an investment which provides a significant return (estimated to be ten fold) for the Canadian economy. (d) Waiting List 65 First Nations With the announcement yesterday by Minister Duncan of the 18 new entrants, there remain 65 First Nations on the current waiting list. What further investment is needed by Canada for these 65 communities to take control over their reserve lands and resources and thereby contribute to the Canadian economy? The answer is quite modest an additional $13 million over the next four years This amount would enable these First Nations to become signatories to the Framework Agreement, assume jurisdiction over their reserve lands and resources, and provide Canada with a significant ten fold return on its investment. For Media Packages and for additional Information, please contact: Lands Advisory Board First Nations Land Management Resource Centre Julie Pellerin Advisor Economic Development and Communications Julie@labrc.com 7 P age Page 17

18 PRINCIPLES NEGOTIATED IN THE FIRST NATION/CANADA FRAMEWORK AGREEMENT ON FIRST NATION LAND MANAGEMENT 1. Purpose: To enable First Nations to resume and exercise control over their lands and resources for the use and benefit of their members without Government interference by replacing the land provisions of the Indian Act with the First Nation community s own laws through its own Land Code. 2. Approach: First Nations driven; not driven by Government or any other outside party. 3. Application: Applies to existing reserve lands including natural resources except for oil and gas, migratory birds, fish and atomic energy. 4. Process: A Government to Government Agreement on the principles of Reserve land management, principles which were developed by the Chiefs. Unlike legislation, which can be changed by the Crown without First Nation consent, changes to the Framework Agreement require the consent of both First Nation signatories and the Crown. Ratification of the Framework Agreement occurred when the Crown passed Bill C-49 and occurs when the First Nation (on and off-reserve voters) vote to accept the Land Code and the Transfer Agreement. Ratification of a First Nation Land Code and Transfer Agreement is a completely transparent process and must ensure the community makes an informed decision that is validated by an independent verifier. 5. Optional to a First Nation which passes a BCR to permit its community to consider developing and voting on their Land Code, thereby resuming their land management. This protects other First Nations who do not want or need such an opportunity. Page 18

19 Unique to each First Nation. Each First Nation develops their own Land Code that reflects their own laws, priorities, traditions and ways of doing things. 7. Paced: each First Nation will develop their Land Code and ways to ratify their Land Code, at their own pace. 8. Involvement: Community-based; at a minimum, all voting members, both on-reserve and off-reserve, are involved in Land Code development and ratification; nothing is finalized without community ratification. 9. Transparency of lands decisions to the membership through regular meetings and reporting including the public posting of certain documents. 10. Accountability to the membership, replacing accountability to the Minister. The Land Code is a public document available to all members. Books of account and records are available for band member scrutiny. The financial statements must be audited by an independent auditor. 11. Sectoral: The 102 other sections of the Indian Act are not affected. 12. Legal status: A First Nation is unconditionally recognized with all the rights, powers and privileges of an owner of its lands. It has the legal capacity to acquire and hold property, to borrow, to contract, to expend and invest money, to be a party to legal proceedings, to exercise its powers and to perform its duties. However, it may never surrender reserve land for sale. 13. Special relationship to the Crown is retained and title to First Nation land is not affected by the Framework Agreement or the legislation. 14. Constitutional protections are retained. First Nation land continues to be land reserved for Indians within the meaning of Section 91 (24) of the Constitution Act, Page 19

20 Treaty and Aboriginal Rights are not affected the Agreement is not a Treaty. 16. No loss of Reserve land Surrender for sale of reserve land is excluded Expropriation of land by the province is excluded Expropriation of land by the Federal Crown is restricted to a national public purpose, for as short a time as possible, with a reversion to Reserve status after the use is over. In addition, other land of equal size and value is given Reserve status. This would result in a larger Reserve. 17. Increase in Reserve land may occur due to a land exchange for a piece of Reserve land; the land exchanged will be of equal or greater size and value in addition to other considerations. 18. Provision to exclude certain lands from application of the Land Code, if those lands are in environmentally unsafe condition, in dispute, uninhabitable or unusable as a result of natural disaster, or the First Nation and the Minister agree that exclusion is justifiable. 19. First Nation not liable for any previous acts or omissions of Canada (or any person or entity authorized by Canada), that occurred before the First Nation s land code takes effect. 20. Protection of a third party interest on Reserve, until that interest has expired (e.g. valid leases continue). 21. Protection of an individual Band member s interest on Reserve (e.g. valid CP s and other legal interests continue). Page 20

21 A separate First Nation lands Register to be set up and maintained for each First Nation with a Land Code in effect and National registration of land interests as a sub-system of the existing Reserve Land Register by Canada. 23. The Power to Enforce First Nation laws including the appointment of a First Nation s own Justice of the Peace. 24. Local dispute resolution of land issues through out-of-court processes including mediation, arbitration and neutral evaluation. This could save considerable court costs. 25. Marital property disposition on the breakdown of a marriage must be provided for in the Land Code. 26. Conflict of interest provisions are mandatory, ensuring fair lands practices. 27. Federal Funding Developmental Funding will be provided to: Develop the Land Code through a community process; Develop an Agreement to transfer lands interests from the Crown to the First Nation; Develop a process to ratify the Land Code; Develop an environmental agreement; and Communicate with the membership. Operational Funding is provided to: Develop the knowledge and skills of the lands administrators; Develop land management systems (e.g., on-reserve registry); Develop a land use plan to be approved by the community; and Administer land transactions Page 21

22 - 5 - Governance Funding will be provided to sustain a national Lands Advisory Board to assist in developing model land codes, laws and land management systems; and to establish a resource center, curricula and training programs for managers and others who perform functions pursuant to a land code; etc. Technical Funding will be provided to support a contract technical team to provide legal, strategic and tactical advice. 28. Environmental Agreement to ensure First Nations lands are environmentally safe will be funded by INAC and negotiated between Canada and the First Nation. Funding will also be provided to implement remediation of issues and an environmental management regime to protect lands in future. 29. Transfer Agreement: The First Nation and Canada negotiate a Transfer Agreement that identifies and transfers the First Nation lands out of Canada s control to the First Nation and that provides for operational funding to the First Nation for land management. Page 22

23 June 18, 1999 HISTORIC FIRST NATIONS LAND LEGISLATION PROCLAIMED OTTAWA (June 18, 1999) Bill C-49, the First Nations Land Management Act (FNLMA), received Royal Assent in the Senate last night. The legislation transfers the control of day-to-day land management decisions and activities from the Department of Indian Affairs and Northern Development (DIAND) to the 14 participating First Nations. In addition, the FNLMA enables these First Nations to develop and implement a community process for the creation and ratification of laws on the use, possession and occupancy of First Nations lands and on the division of property upon the breakdown of a marriage. This is a very historic moment in Canadian Aboriginal history, said Robert Louie, Chair of the Lands Advisory Board. Never before has a group of First Nations accomplished such a formidable task of regaining control over their lands, resources and daily lives. The Chiefs and their councils, representing six provinces, have worked tirelessly over the past decade to conclude this government-to-government agreement with Canada. This represents a momentous and significant achievement. The Chiefs, Councils and communities of the 14 signatory First Nations are to be commended on their tireless efforts over the past 10 years to regain authority over their lands and resources, said Jane Stewart, Minister of Indian Affairs and Northern Development. The First Nations Land Management Act is a positive step for the Government of Canada as we remove ourselves from the day-to-day management of lands and resources for these signatory First Nations and enable them to deal directly with their neighbouring municipalities, businesses and other potential partners to develop economic opportunities. Chief Austin Bear of the Muskoday First Nation in Saskatchewan stated: The Framework Agreement and the First Nations Lands Management Act, at last, legitimately acknowledge our fundamental right to govern our own communities and to control our lands and resources. This acknowledgement is long overdue and our community is pleased that this day has finally arrived. Chief William McCue of the Georgina Island First Nation of Ontario, indicated that our community will now have the jurisdiction to consider long-term cottage leases as well as other economic development ventures. In a letter of support for the FNLMA, Mike Sanderson, president of the Snake Island Cottagers Association, tenants of the Georgina Island First Nation, stated that the association and the band over the years had developed a friendly working relationship and we look forward to dealing directly with the band. The time for self-government is now. Chief Bill Williams of the Squamish First Nations, located on the lower mainland of Vancouver, stated that now that the FNLMA has received royal assent, the Squamish Nation will begin a two-year period to determine if the community wishes to assume responsibility for land management. With the full active participation of all our members, we will develop a Squamish Land Code based on fairness, equality and accountability and then conduct a community vote. Chief Williams added that the new powers for our community are a brass ring that will enshrine economic opportunity to develop and enhance community capacity for generations to come. Chief Rennie Goose of the Scugog First Nation, located northeast of Toronto, stated that our location in the middle of prime Ontario recreational land will generate a number of new economic development opportunities which will provide revenues and jobs for our people. The government-to-government agreement will promote economic development on reserves and enhance the accountability of chiefs and councils to their membership by ensuring that there is community decision making in the approval of a land code. The FNLMA will also provide a positive model for other First Nations interested in assuming similar land management responsibilities in the future. Page 23

24 Although the legislation currently applies only to the First Nations who signed the Framework Agreement on First Nations Land Management in 1996, other bands have already expressed an interest in participating in the initiative. As a result, a provision permitting additional First Nations to opt-in to the legislation through an order in council has been included in the FNLMA. The 14 First Nations participating in this initiative are: British Columbia: Westbank, Musqueam, Lheidli T enneh, N Quatqua, and Squamish Alberta: Siksika Saskatchewan: Muskoday, Cowessess Manitoba: Opaskwayak Cree Ontario: Nipissing, Mississaugas of Scugog Island, Chippewas of Georgina Island, Chippewas of Mnjikaning New Brunswick: Saint Mary s First Nations Land Management Act (FNLMA) General Background On February 12, 1996, Canada and 14 Chiefs signed a Framework Agreement on First Nations Land Management (Framework Agreement). The Framework Agreement allows the signatory First Nations to opt out of the land management sections of the Indian Act and establish their own regimes to manage their lands and resources, thereby providing for more control at the local level. The Framework Agreement was developed by the Government of Canada in full partnership with the affected First Nations, to promote self-management initiatives that will result in, among other things, improved economic development on reserves. This initiative is a form of self-government that offers an alternative land management regime for a specific group of First Nations; it does not bind other First Nations to this model. The First Nations Land Management Act (known as Bill C-49) is the formal legislation for this initiative. It ratifies the Framework Agreement which requires First Nations to develop a land code setting out the basic rules for the new land regime. The 14 First Nations must also enter into individual agreements with Canada to determine the level of operational funding for land management and to set out the specifics of transition to the new regime. Once the land code and the agreement are adopted by the First Nation membership and are in effect, the land management provisions of the Indian Act no longer apply to these communities. The structure of the new regime was first advanced by the Chiefs in Since that time, negotiations have taken place between the Chiefs, federal officials, provincial governments and other interested third parties (e.g. the Union of British Columbia Municipalities and the Ontario Cottagers Association), resulting in the Framework Agreement and the First Nations Lands Management Act. The Framework Agreement is not a treaty and therefore will not receive constitutional protection under s.35 of the Constitution Act, The Framework Agreement and the FNLMA do not fundamentally alter the Crown s fiduciary relationship to the signatory First Nations, although certain of the Crown s fiduciary obligations diminish as the First Nations exercise their new authority and take on their responsibilities under the new regime. The Framework Agreement is subject to the Canadian Charter of Rights and Freedoms. Federal laws of general application continue to apply, as well as the Indian Act for all other purposes other than land management. The lands affected are known as First Nation lands, and continue to be reserves for the purposes of other applicable legislation. Matrimonial Real Property Page 24

25 While the Indian Act currently provides no protection for women with respect to the division of the matrimonial home upon marriage breakdown, the Framework Agreement and the First Nations Land Management Act have provisions to address the issue of matrimonial real property. The First Nations and Canada agreed that the signatory First Nations must establish a community process that will develop rules and procedures to deal with matrimonial property within 12 months from the date the land code takes effect. In essence, the First Nation community itself will develop the land codes and procedures. These codes must address the issue of division of matrimonial real property and they cannot discriminate on the basis of sex. Further, the federal government recognizes that there is a legislative gap in the Indian Act with regards to the issue of matrimonial property. Lands are not owned by individual band members, but are held by the community for the benefit of the community. This unique situation is one of the reasons why this legislative gap in the Indian Act is being addressed by a fact-finding process already initiated in the Department of Indian Affairs and Northern Development in consultation with Aboriginal representatives. Departmental officials have held preliminary meetings with key Aboriginal groups and the Minister hopes to appoint an individual to lead the fact finding process in the near future. However, it is still incumbent on the 14 First Nations affected by the FNLMA to address this issue in their own land codes within 12 months of coming under the new legislation. Expropriation Powers In 1991, Canada undertook an extensive review of its Aboriginal policies launching the Royal Commission on Aboriginal Peoples. A major theme in the Royal Commission s final report was active participation by Aboriginal people in the policies that govern their lives. The First Nations Land Management Act incorporates this philosophy to ensure that First Nation members have an active role in developing all aspects of their land management regime, including expropriation. The power of expropriation is an essential power of governance and a necessary facet of land management which is granted to differing authorities in Canada (i.e., federal and provincial governments, public and private organizations, such as municipalities, school boards, universities and hospitals) and as such, has been provided for in the Act. Under the FNLMA, First Nations councils can only exercise their expropriation powers with the authority of their community. They are accountable to their community and are governed by the rules and procedures specified in land codes developed by the First Nations. In addition, in determining compensation for any expropriated interests, First Nations are required to apply the rules on compensation contained in the Expropriation Act (Canada). Consultation The FNLMA underwent an extensive consultation process with the 14 signatory First Nations and the Assembly of First Nations and more than two years of consultation with non-aboriginal parties which included meetings with the affected provincial governments (New Brunswick, Ontario, Saskatchewan, Alberta and British Columbia), the Union of British Columbia Municipalities, BC Rail, National Pipeline Agency, national Bankers Association, CN Rail, SaskTel, Manitoba Hydro, Ontario Lottery Corporation and the Ontario Association of Cottage Owners. Third-Party Agreements Under the FNLMA, existing third-party interests, such as leases, will continue in force according to their terms and conditions. Also, First Nations land codes will provide for an alternative dispute resolution process to address any disputes relating to interests in First Nations lands. In addition, all decisions of band councils are subject to judicial review under the Federal Court Act. Upon expiration, third party agreements are subject to negotiations with the signatory First Nations. Signatory First Nations The following First Nations are signatories to the Framework Agreement: Westbank, Musqueam, Lheidli T enneh (formally known as Lheit-Lit en ), N Quatqua, Squamish (British Columbia); Siksika (Alberta); Page 25

26 Muskoday, Cowessess (Saskatchewan); Opaskwayak Cree (Manitoba); Nipissing, Mississaugas of Scugog Island, Chippewas of Georgina Island, Chippewas of Mjikaning (Ontario); and Saint Mary s (New Brunswick). June 1999 Page 26

27 MARCH 20, 2002 FIRST NATIONS LAND MANAGEMENT INITIATIVE - AN IMPORTANT STEP TOWARDS SELF-GOVERNANCE FOR FIRST NATIONS GATINEAU, QUEBEC (March 20, 2002) - More First Nations will be offered the benefits of the Framework Agreement on First Nations Land Management, which was ratified by the First Nations Land Management Act (FNLMA), announces Robert Nault, Minister of Indian Affairs and Northern Development and Robert Louie, Chair of the Lands Advisory Board, today. The Framework Agreement and the First Nations Land Management Act, which were originally open to only 14 signatory First Nations, are an important building block to self-governance. This government to government Initiative provides participating First Nations with the opportunity to come out from under the land administration sections of the Indian Act and establish their own regimes to manage their lands and resources, providing for more decision making at the local level. Opening up the First Nations Land Management Initiative builds on the Government of Canada s priorities outlined in the Speech from the Throne by furthering self-governance in First Nations communities, said Robert Nault, Minister of Indian Affairs and Northern Development. Through this Initiative, we are working with First Nations to improve access to economic development opportunities leading to improved quality of life in these communities. The main benefit of this Initiative is that First Nations have direct authority over their reserve lands and resources, said Robert Louie, Chair of the Lands Advisory Board. The Initiative also removes the land administration barriers to economic development that First Nations have faced under the Indian Act. The First Nations Land Management Initiative allows participating First Nations the opportunity to develop their own modern and/or traditional tools to manage and protect their reserve lands and resources. First Nations determine the pace of community land code development and ratification. The Initiative enables First Nations to make timely business and administrative decisions and to accelerate progress in areas like economic development. This Initiative also enables First Nations to enact and enforce sound environmental management and protection laws. As part of the Framework Agreement and the legislation there was a provision to offer other First Nations the opportunity to opt into the Initiative by way of Order in Council. In response to the great amount of interest that has been expressed among First Nations, we are inviting interested First Nations to begin the process of coming under the Framework Agreement and the FNLMA. For further information, contact: Alastair Mullin Office of the Minister Indian and Northern Affairs Canada (819) Meko Nicholas Lands Advisory Board (613) Page 27

28 Press Release MARCH 31, 2003 SEVENTEEN FIRST NATIONS SIGN FRAMEWORK AGREEMENT TO FIRST NATIONS LAND MANAGEMENT INITIATIVE OTTAWA (March 31, 2003) - Seventeen First Nations are signing the Framework Agreement on First Nations Land Management today, announces Robert Nault, Minister of Indian Affairs and Northern Development and Chief Robert Louie of the Westbank First Nation and Chair of the Lands Advisory Board. One year ago Minister Nault and Chief Robert Louie announced the opening up of this initiative to interested First Nations, in addition to the original 14 signatory First Nations. Today we are celebrating as more First Nations take advantage of this initiative. Signing the Framework Agreement marks the first step in a commitment between these First Nations and the Government of Canada in their move towards increased self-governance. Signing the Framework Agreement today with these new communities demonstrates just how successful this initiative can be in improving the quality of life in First Nations communities by building capacity and increasing economic development opportunities, said Minister Nault. I am very pleased to provide this support to this First Nations led initiative. The Lands Advisory Board and Resource Centre welcomes these new First Nations to our group. We look forward to working with these communities towards fulfilling their vision of community based lands and resources management. said Chief Louie. The 17 First Nations include: from British Columbia, Beecher Bay, Tsawout, Songhees, Pavilion, Burrard, Sliammon, Kitselas, and Skeetchesn; from Saskatchewan, Kinistin, and Whitecap Dakota Sioux; from Ontario, Garden River, Mississauga, Whitefish Lake, Dokis, Kettle and Stony Point, and Moose Deer Point; and from New Brunswick, Kingsclear. The Framework Agreement, and the First Nations Land Management Act, were originally open to only the 14 signatory First Nations. This government-to-government initiative provides participating First Nations with the opportunity to come out from under the land administration sections of the Indian Act and establish their own regimes to manage their lands and resources, providing for more decision making at the local level. The First Nations Land Management Initiative allows participating First Nations the opportunity to develop their own modern and/or traditional tools to manage and protect their reserve lands and resources. The Initiative enables First Nations to make timely business and administrative decisions and to accelerate progress in areas such as economic development, resource management, and land use planning. This Initiative also enables First Nations to enact and enforce sound environmental management and protection laws. For further information, contact: Meko Nicholas Lands Advisory Board (613) MARCH 20, 2002 Page 28

29 Quotes from the 2003 Framework Agreement Signing Ceremony Chief Robert Louie, Chair, Lands Advisory Board The Framework Agreement and the First Nations Land Management Act are remarkable accomplishments. They represent the culmination of many years of dedication and commitment by the Chiefs. This is a land management initiative conceived by the Chiefs, developed by the Chiefs, negotiated with Canada by the Chiefs, and recognized by the Parliament of Canada. Clearly, this Initiative is not a departmental program Minister Robert Nault Minister Nault talked about this historic occasion and the giant step toward self-determination that these communities were taking. He added:...and I believe the phrase according to the wishes of the community captures the essence of this Land Management Initiative. By placing control in communities -- where it belongs - - the initiative becomes an effective tool of governance and a powerful instrument for economic and social development I find two aspects of this Land Management Initiative especially pleasing. First, it s been a success for each of the First Nations that are operating under their land codes. And second, from the outset, it has been led and developed by Aboriginal leaders. Chief Austin Bear: The goal of the Chiefs has always been to provide our people with an opportunity to design a better way of land management than the department s stewardship over our reserve lands and resources Our communities are very capable of conducting the day-to-day management of our reserve lands and resources. We should all remember that we exercised this responsibility for hundreds of years before the Indian Act was imposed on us With all due respect [Minister Nault], we neither need, nor want, you to make any further decisions affecting our reserve lands and resources or to be involved any longer. Page 29

30 Press Release August 19, 2011 Through an historical vote, Nanoose First Nation (Snaw Naw As) approves its Land Code to enable the Community to now govern its reserve lands and resources Nanoose First Nation, Vancouver Island, B. C. (August 19, 2011) - On August 8 and 9, 2011 the Members of Nanoose First Nation cast their ballots to ratify their Land Code. By a majority of 90% of ballots cast, the Community gave a clear message to the Government of Canada that they were opting-out of parts of the Indian Act and reassuming authority and decision-making over their reserve lands and resources. Nanoose is the 35 th First Nation to ratify the Framework Agreement on First Nations Land Management. Chief Robert Louie, Chair of the Lands Advisory Board stated: This is truly an historical event for Nanoose First Nation. Through this unique government-to-government Framework Agreement, jurisdiction over Nanoose First Nation reserve lands and resources has been returned to the Community under their own Land Code. Nanoose First Nation governance over their lands and resources will now reflect the unique needs and traditions of the Community, provide sound environmental protection, and accelerate progress in areas such as economic development. Chief David Bob of Nanoose First Nation was asked why his First Nation wished to reassume control and remove decision-making from the Minister of Aboriginal Affairs and Northern Development Canada and his officials. He answered: In one word, economic development. It frees us up to follow through on economic development in order for our First Nation to become independent. It starts us on that road. In numerous success stories of Framework Agreement First Nations were reported in various media throughout Canada. Tsleil-Waututh s TWN Wind Power Inc. has become a distributor of 5kW and 50kW community-based wind turbines and Takaya Tours is a leader in the Aboriginal cultural tourism industry. Lands management opportunities leading to healthier communities as industry leader Mike Holmes "Building Homes and Building Skills" partners with Atikameksheng Anishnawbek. The Chippewas of Georgina Island established the Pukwis Community Wind Park, a 20 Megawatt (MW) wind park joint venture. Nipissing First Nation opened a new federally regulated fish processing plant. Henvey Inlet First Nation s Nigig Power Corporation was awarded a Feed-In Tarriff contract from the Ontario Power Authority for a 300 Megawatt (MW) wind farm project. The commercial development of Eagle Landing on the Squiala First Nations reserve land, including many big box stores, has greatly contributed to the decline in the unemployment rate for the city of Chilliwack from a peak of 12.9 per cent in 2009 to 5.3 per cent as reported in January The social and economic benefit of these projects to the First Nations and surrounding communities, as well as to Canada as a whole, is well documented. These First Nations and many others have embraced the Page 30

31 opportunities provided by the Framework Agreement, under their individual Land Codes, and are creating active, exciting, and more prosperous futures for their communities as a result. Nanoose First Nation is situated on Eastern/Central Vancouver Island in British Columbia. Nanoose First Nation is a Coast Salish tribe. The land base is 53.4 hectares and there are 270 members. For more information please visit: For more information on the Framework Agreement and success stories please visit: For further information please contact: Lands Advisory Board Chief Robert Louie, Chair (250) First Nations Land Management Resource Centre Dr. Graham Powell, Executive Director (613) Nanoose First Nation Chief David Bob (250) Nanoose First Nation Tom Bob, Lands Manager (250) ext 104 Page 31

32 Press Release October 21, 2011 CHIEFS AND AANDC MINISTER SIGN HISTORIC AGREEMENT TO IMPROVE FUNDING OTTAWA, ONTARIO (October 21, 2011) At the Lands Advisory Board s (LAB) Annual General Meeting, LAB Directors and Chiefs from the current signatories to the Framework Agreement on First Nation Lands Management (Framework Agreement) voted to approve a new funding formula. Chief Robert Louie, Chair of the LAB and Chief Austin Bear, Chair of the First Nations Land Management Resource Center Inc. (Resource Centre) were pleased to welcome the Honourable John Duncan, Minister of Aboriginal Affairs and Northern Development for the formal signing of a Memorandum of Understanding (MOU) bringing into effect the new funding formula. We have reclaimed our jurisdiction over our lands and resources through the Framework Agreement. We are recognized as governmental bodies with real law-making, land management and enforcement authority, said Chief Robert Louie, Chair of the LAB. We have demonstrated that we can positively impact the quality of life for our members and residents, and we have a positive economic impact that reaches well beyond reserve boundaries. Canada is investing in First Nations and in turn First Nations are providing a huge return on that investment. We have always known what we could accomplish, within a short period of just over 10 years, the results are indisputable, said Chief Austin Bear, Chair of the Resource Centre. We are pleased that the Framework Agreement will be available to additional First Nations. Any First Nation, if it wishes, should have the opportunity to exercise their inherent right to self government. The LAB and the Resource Centre are committed to assisting any and all First Nations in achieving this end. Canada has indicated that they intend maximize their approved funding obligations to implement the Framework Agreement. By allocating the maximum annual spending authority, the current operational First Nations will now receive improved funding For more information on the Framework Agreement please visit: For further information please contact: Lands Advisory Board Chief Robert Louie, Chair (250) First Nations Land Management Resource Centre Julie Pellerin, Communications Advisor (613) Shown in the photo are: From left, Dr. R. Graham Powell (Resource Centre), Chief Robert Louie, Andrew Beynon (AANDC), Minister Duncan and Chief Austin Bear. Page 32

33 Press Release November 18, 2011 After more than a century of stolen land, Kahkewistahaw has taken an historical step to protect their reserve land by re-assuming their inherent rights to govern reserve lands and resources Kahkewistahaw First Nation, Broadview, S. K. (November 14, 2011) - On October 27, 2011, the Kahkewistahaw Land Code was voted and ratified by the members with an 87% approval rate. Chief Sheldon Taypotat commented: This vote is a monumental shift for Kahkewistahaw First Nation. By re-assuming our inherent right to self-government, we can develop the tools that our peoples need to establish a strong community, strong government and a strong economy. Kahkewistahaw First Nation will move forward now that we have regained jurisdiction over lands and resources. I am proud of the commitment, hard work and perseverance of our Council, members and staff. Chief Robert Louie, Chairman of the Lands Advisory Board stated: We congratulate Kahkewistahaw on their well-earned accomplishment. They have taken a monumental step forward in re-asserting their jurisdiction and opting out of the land management provisions of the Indian Act. Kahkewistahaw is the 37 th First Nation in Canada and the 5 th in Saskatchewan to ratify the Framework Agreement on First Nation Land Management (Framework Agreement). The Framework Agreement has been in place for ten years and is a significant success for the First Nation signatories and is a benefit for the Canadian economy. Chief Sheldon Taypotat also acknowledged the Lands Advisory Board and the First Nations Land Management Resource Centre and their staff for the excellent work they do for all Framework Agreement First Nations across the country. Kahkewistahaw First Nation is located in the South East corner of Saskatchewan, approximately 150 kilometres East of Regina. Kahkewistahaw First Nation is comprised of Plains Cree and Saulteaux speaking First Nations People, and has a total population of 1803 members, with 684 members residing on the First Nation. Backgrounder on Kahkewistahaw First Nation For more information on the Framework Agreement please visit: For further information please contact: Lands Advisory Board Chief Robert Louie, Chair (250) First Nations Land Management Resource Julie Pellerin, Advisor Communications (613) Kahkewistahaw First Nation Chief Sheldon Taypotat (306) Kahkewistahaw First Nation Aaron Louison, Lands Manager (306) Ext 227 Page 33

34 Land Advisory Board Resource Centre September 2009 DRAFT Assembly of First Nations (AFN) First Nation (FN) First Nations Lands Advisory Board (FNLAB) First Nations Land Management Act (FNLMA) Framework Agreement (FA) Government of Canada (GOC) Indian Act (IA) Indian Northern Affairs Council (INAC) Lands Advisory Board Resource Centre (LABRC) Lands, Revenues and Trusts (LRT) Page 34

35 ROLES & RESPONSIBILITIES: LANDS ADVISORY BOARD & FIRST NATIONS LAND MANAGEMENT RESOURCE CENTRE Lands Advisory Board Abstract The Lands Advisory Board (LAB) was officially established in 1996 under the Framework Agreement on First Nation Land Management (Framework Agreement), which was given royal assent in 1999 by the First Nations Land Management Act (FNLMA) and had the legal effect of Ratifying and bringing into effect the Framework Agreement. The primary statutory responsibilities of the LAB are to implement the eleven parts (59 clauses) of the Framework Agreement (See the attached detailed description of LAB statutory obligations). In addition, statutory functions of the LAB also include implementing the 48 clauses of the FNLMA. The composition of the LAB is determined by the Councils of the signatory First Nations which have ratified the Framework Agreement through a Community vote to implement their Land Code. There are currently eleven Directors of the LAB and the Chair. The Directors serve staggered terms in order for at least one position from each of the three regions to come up for election annually. The three regions are: British Columbia, Prairie (Alberta, Saskatchewan and Manitoba), and Eastern (Ontario, Quebec and the Atlantic). The LAB Chair is elected for a five-year term; the Directors are elected for three-year terms. LAB (pre 1996) The Beginnings The LAB predates the creation of the Framework Agreement. In the late 1980s and early 1990s a group of 14 First Nations, serving as the LAB, engaged Canada in discussions on the need for changes to the land administration provisions of the Indian Act. These discussions later led to negotiations with Canada on the terms and conditions of early drafts of the Framework Agreement. These early drafts were discussed with First Nations and land management experts to ensure relevant content 1 P age Page 35

36 was contained in the wording. The LAB then organized and conducted the required prelegislative consultations with various provinces, agencies, Aboriginal political groups, as well as financial and other institutions. Initial responses to early versions of the Framework Agreement from some Aboriginal political groups were cautious and, in a few instances, outright hostile. A fair amount of misinformation, fear and misunderstanding was circulating about the effect of the Framework Agreement on the status of constitutional provisions (91.24), treaty and aboriginal rights. The mistaken belief that the Framework Agreement was intended to transform reserve lands from federal reserve status to provincial fee simple status was pervasive. Since the negotiations with Canada on the Framework Agreement were intended only for the 14 First Nations, the LAB made a political commitment to the Assembly of First Nations that no promotion of the Framework Agreement would be conducted with other First Nations. The Framework Agreement would only apply to the founding 14 First Nations. To this day, the LAB has continued to honour this commitment and only provides information sessions to other First Nations when approached by these Communities. The LAB does not recommend the Framework Agreement to any First Nation or warrant that the opportunity of land management is an appropriate choice for any First Nation. For its part, Canada has been aware of this political arrangement with the AFN and has appropriately referred any First Nation Framework Agreement inquiries to the LAB. LAB ( ) Landmark Government to Government Arrangement Signed, Roles and Responsibilities Formalized, Growing Interest from Other First Nations The official signing of the Framework Agreement was hosted by the Chippewas of Georgina Island in Ontario in February, 1996 between the First Nation Chiefs comprising the LAB and Canada, represented by the Honorable Ronald Irwin, Minister of Indian Affairs. The Framework Agreement formally established the LAB and describes in detail the required ongoing roles and responsibilities to support implementation. Both before and after 1996, the LAB consisted of the representatives (normally the Chiefs) of the original 14 First Nation parties to the Framework Agreement. There was no provision in the Framework Agreement in 1996 for additional First Nations to become parties. Because the Framework Agreement was only intended to apply to the 14 First Nations that signed in 1996, it was thought that the LAB s role would decline once the Framework Agreement was ratified by all Communities and they had 2 P age Page 36

37 completed the transition from the Indian Act to their own decision-making under their Land Codes. Accordingly the Framework Agreement made provision for a time when the functions and services of the LAB may not be required. Following the 1996 signing ceremony, and the official establishment of the LAB, the LAB gradually developed more formalized procedures, including those for the Annual General Meeting (AGM). At the 2000 AGM, the LAB established the role of the Chair as a separate position. It was also at the 2000 AGM in Fredericton (hosted by the St. Mary s First Nation) that interim approval was given for the formation of a Finance Committee to oversee financial matters and operate, effectively, as an Executive Committee of the LAB. By the time of 2000 AGM in Fredericton, discussions with Canada intensified to add other First Nations to the Framework Agreement. It was clear, by this time, that significant numbers of First Nations in various regions Canada were seeking access to the Framework Agreement opportunity of First Nation land management. It is important to note that this level of new First Nation interest did not result from any marketing of the Framework Agreement by the LAB. Under the FNLMA (s. 48), no other First Nations could be added to the Framework Agreement and the Schedule to the act until after the completion of a review of the Framework Agreement in accordance with its provisions and any consultations that the Governor in Council may require. This joint review was undertaken by the LAB, INAC and an independent consulting firm. The final report was delivered in October, LAB (2001) Adding Other First Nations, LAB Structure Formalized, and Amendments to the Framework Agreement As the LAB approached its 2001 AGM, hosted by the Squamish Nation, several issues had to be addressed in light of the pressure from other First Nations to be added as signatories to the Framework Agreement. The level of interest suggested that as many as 50 other First Nations might be added within a few years. In response, the LAB AGM agenda proposed an amendment to the Framework Agreement to deal with: a procedure for additional First Nations to sign the Framework Agreement; a procedure for future amendments to the Framework Agreement; the structure of the LAB, and other administrative matters Notice of the agenda and draft documents in relation to these matters were duly sent in a timely manner to all 14 First Nation signatories to the Framework Agreement. During the course of the AGM, some modifications were negotiated directly with the federal representatives and Amendment No. 3 to the Framework Agreement was approved by the LAB and by Canada the following year. The amendment provided: 3 P age Page 37

38 1. for an adhesion procedure in which both the LAB and the Minister played a role consistent with the wording of s. 45 of the FNLMA. The parties began to implement this procedure in 2003, as evidenced by Adhesion Documents Nos. 1 & 2, and have continued to implement it since, most recently in September, for future amendments to the Framework Agreement. The LAB determined that those with the greatest vested interest in the Framework Agreement were those First Nations who had voted to ratify it and had begun to operate under their Land Codes. These were also the First Nations who had, or would have, the most experience with the ratification process culminating in an affirmative ratification vote. Accordingly, it was deemed appropriate that a special majority (2/3 of them) could approve future amendments. In order that this change not be seen as exclusionary, it would not become effective for two years (until September of 2003). That delay would provide the First Nations signatories who had not yet ratified the Framework Agreement a reasonable period in which to do so. 3. for the structure of the LAB. Following the same reasoning, and with the additional consideration that the operational First Nations would be the most experienced, yet disinterested and not have any conflict of interest in the developmental process and the funding of that process, the future structure of the LAB would be determined by the First Nations who had ratified the Framework Agreement. Again, a two-year delay was included to provide the First Nations signatories who had not yet ratified the Framework Agreement a reasonable period in which to do so. 4. for administrative matters. These addressed minor issues in relation to the transfer of revenue moneys and the status of First Nations that have moved on to other land management regimes, such as full self-government and treaty and thereby no longer participating First Nations under the Framework Agreement. In considering the above matters, the LAB 2001 AGM was also informed by a draft report on the joint review of the Framework Agreement and its implications in terms of the number of future signatories and future costs. Another decision of note taken at the 2001 AGM was confirmation of the Finance Committee with an express mandate to act as the Executive Committee of the LAB. LAB (2002) During this interim period, the LAB continued to assist First Nations to either prepare for the community ratification votes or implement their Land Codes, as well as ancillary assigned responsibilities and functions. The 2002 AGM was hosted by the Opaskwayak Cree Nation in Manitoba and was attended by the Chiefs or their proxies of the original 14 First Nation signatories. 4 P age Page 38

39 LAB (2003) Structure Takes Shape This was the first LAB AGM held under the provisions of Amendment No. 3 to the Framework Agreement, meaning that it was attended by the Chiefs or proxies of the 9 operational First Nations and other First Nation guests. This session was hosted by the Nipissing First Nation in Ontario. The principal item on the agenda was to create the future structure of the LAB. It was determined that a board of nine members was appropriate, with membership to be allocated (3 members each) according to regional representatives for British Columbia, the Prairies (Alberta, Saskatchewan and Manitoba) and the East (Ontario, Quebec and the Atlantic). Members of the LAB are nominated and seconded by resolution from an operational First Nation in the relevant region. A member need not be an elected official of a First Nation. Elections can be conducted at regional meetings held in advance of the LAB AGM and attended by all of the operational First Nations in the respective regions. Only the Chief or proxy of an operational First Nation can vote in the election of an LAB member. Voting is by secret ballot. The LAB term is three years and the elections are staggered so that there is an election of one member in each region every year. The 2003 AGM also confirmed and continued the respective roles and mandates of the LAB Finance Committee and the LAB Chair. The Chair is a member of the LAB, but not of the Finance Committee. LAB ( ) Following the LAB practice of rotating the AGM venue, the 2003 AGM hosted by the Nipissing First Nation in Ontario (Eastern Region) was followed by the 2004 AGM hosted by the Muskoday First Nation in Saskatchewan (Prairie Region) and the 2005 AGM hosted by the Westbank First Nation in British Columbia (BC Region). LAB (2006) Amendment #4, Bilingual and Bijuralized Framework Agreement The LAB 2006 AGM was hosted by the Chippewas of Georgina Island First Nation in Ontario. It was preceded by regional LAB election meetings. Due to uncertainty over the process leading to Amendment No. 4 of the Framework Agreement, representatives of all 17 operational First Nations were invited to this meeting. By special procedure adopted by the LAB, all 17 First Nation representatives were empowered to vote on resolutions considered at that meeting. Invited guests included the Innu Essipit First Nation from Quebec and the Swampy Cree Tribal Council from Manitoba. During the course of the meeting, it was reported that resolutions in support of Amendment No. 4, which would add bilingual and bijuralized 5 P age Page 39

40 text to the Framework Agreement, had been received from 16 of the 17 operational First Nations. In addition to consideration of the important, if not historic, matter of Amendment No. 4, the LAB considered a variety of other significant matters of concern to Framework Agreement First Nations and aspirant First Nations. As a result, 26 resolutions were passed, all unanimously. LAB Chair Chief Robert Louie of the Westbank First Nation has been Chair of the LAB by consensus well before the inception of the Framework Agreement in He has since been confirmed as LAB Chair at the LAB AGM in 2000, 2001, 2003 and His current term runs through to the LAB AGA in LAB Finance Committee The role and mandate of the Finance Committee of the LAB was approved on an interim basis at the LAB s 2000 AGM and confirmed on a permanent basis in 2001, 2003 and The members of the Finance Committee are, and have been since its beginning, Chief Austin Bear (Chairman) of the Muskoday First Nation; William McCue, former Chief and now Councillor of the Chippewas of Georgina Island First Nation in Ontario; Rennie Goose, former Chief of the Mississaugas of Scugog Island First Nation in Ontario; and Barry Seymour, former Chief of the Lheidli T enneh First Nation in British Columbia. Their current term of office expires in First Nations Land Management Resource Centre Inc. Following the LAB AGM in 2001, the Finance Committee reviewed options for creating a corporate arm that, as INAC represented at the time, would be required in order for Canada to implement a five-year funding provision for the Framework Agreement. While that initial belief later turned out to be incorrect, at the time it was clear that INAC would be more comfortable dealing with a corporation for funding purposes than with the unincorporated LAB. The Finance Committee determined that it would be consistent with its mandate to create a corporate arm and, in December of 2001, obtained letters patent from the Minister of Industry for the First Nations Land Management Resource Centre Inc. (Resource Centre), a corporation without share capital pursuant to Part II of the Canada Corporations Act. 6 P age Page 40

41 The purpose of the Resource Centre is to discharge some of the non-political functions of the LAB, a purpose that has since been incorporated into the terms of funding arrangements with INAC. Under those arrangements, the Resource Centre does receive funding for the political activities of the LAB and, in effect, acts as an administrative arm of the LAB with respect to its political activities. For these reasons, all of which were foreseeable at the time of its incorporation, it was important to structure the Resource Centre so that it would not find itself internally conflicted because of these various roles and functions. Under the applicable legislation, a corporation without share capital has members, not shareholders. The members of the Resource Centre corporation are, by description, the members of the LAB Finance Committee. The directors of the Resource Centre corporation are also the members of the LAB Finance Committee. The chairman of the Resource Centre corporation is also the chairman of the LAB Finance Committee. Under this structure, there is no practical possibility of conflicting purposes or objectives as between the Resource Centre and the LAB. What is different about the LAB and corporate roles is that the directors do have statutory obligations and powers under the Canada Corporations Act. The corporation, regardless of how it is structured, has a separate legal personality and the directors have a duty of loyalty to the corporation, together with a duty to act equitably and independently in discharging that duty of loyalty. The evolution of the law of corporations over the past few decades has tended to increase, rather than lighten, the burdens of directorship and to broaden the scope of potential personal liability. These corporate duties and obligations are seen by the directors, and accepted by the LAB, as being in addition to, and not as inconsistent with, their comparable but obviously not identical roles and obligations as members of the LAB Finance Committee. Summary The LAB is an unincorporated entity recognized in the Framework Agreement but only tangentially in the FNLMA. Its general and specific functions are prescribed by the Framework Agreement. The structure of the LAB has evolved over time. At first, it was more or less a committee of the whole of all of the 14 First Nation parties to the Framework Agreement. As it became apparent that the addition of new First Nations as signatories would make that structure unwieldy by virtue of the number of potential members and attendant expense, the structure was changed in two fundamental ways. First, the task of determining the structure of the LAB was confided to those First Nations that have ratified the Framework Agreement. This is expressly set out in the Framework Agreement, by way of the 2002 Amendment No. 3, and must be taken as 7 P age Page 41

42 reflecting the will of those First Nations that have signed it. It also reflects the intention of Canada, which approved Amendment No. 3. Second, as of 2003, the operational First Nations determined that the LAB would be a representative group of 9 members elected by the operational First Nations on a regional basis and with staggered terms of office. Through the elective process, and the LAB AGM quite apart from any informal or other opportunities there is continuing and regular review of the mandate, activities and operations of the LAB. The result is a LAB that is doubly representative. First, it represents all of the developmental First Nations preparing to conduct their Community vote because, under the Framework Agreement, they are represented for this purpose by the operational First Nations. Second, it represents the operational First Nations as well since its structure, direction and elected membership are determined by the operational First Nations. For administrative purposes, the LAB has created the Finance Committee as an Executive Committee charged with day-to-day responsibility for LAB operations. In turn, the Finance Committee has created the First Nations Resource Centre Inc. as a corporate and administrative arm of the LAB to discharge functions of a non-political nature. No representative group can claim that it also presents the ideal of representation or of corporate governance. Any organization is always open to the criticism that it is not representative enough. The LAB and Resource Centre have received such comments in the past, frequently based on a misunderstanding of the structure or the history. It is noteworthy, and perhaps explanatory, that such comments more commonly emanate from sources other than First Nations. It is certainly the case, however, that the LAB is both open and subject to the direction of the First Nations with respect to its structure and that it anticipates a continuing dialogue with First Nations on that issue. Some observers have also noted that there has been a high degree of continuity among the individuals who have served as LAB members, particularly in executive roles. Some seem to intend this as a criticism but, in fact, this continuity is a strength. First Nations, by comparison, tend to see the serious lack of continuity among GOC personnel as an impediment to implementation of the Framework Agreement. The acid test for the LAB and Resource Centre is First Nation support for its direction and for its commitment to the Framework Agreement. A test was the LAB 2006 AGM, unprecedented in the number of voting participants (24), unprecedented in the number of issues they addressed and the number of resolutions they passed, and unprecedented in the degree of unanimity of purpose and resolve. This speaks well, by any measure, of the LAB structure and of its leadership. A corollary benefit of continuity is the ability to remember and to follow through on previous commitments. Two examples of this are noted above: 8 P age Page 42

43 First, the political commitment given by the LAB to the Assembly of First Nations in 1995, still respected. Second, the LAB commitment, dating back to 2002, to create a bilingual Framework Agreement and to include in it bijural terminology. In 2006, working within a constricted time frame, the LAB was able to collaborate with First Nations and federal representatives to make Amendment No. 4 to the Framework Agreement a reality. Such continuity is not only an asset, it is a necessity. A corporate memory is essential to preserving the good faith of the parties and their commitment to original and common intentions, regardless of any change of personnel. It is hoped that this document is a contribution to that end. 9 P age Page 43

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45 THE FRAMEWORK AGREEMENT ON FIRST NATION LAND MANAGEMENT ENHANCING OPPORTUNITIES FOR ECONOMIC DEVELOPMENT AND SELF SUFFICIENCY Page 45

46 Framework Agreement on First Nation Land Management The key principal document A government-to-government agreement signed in 1996 Initially negotiated between 14 First Nations and the Department of Indian Affairs Over the 12 years of operation, the signatories to the Framework Agreement have grown from the original group of 14 to a total of 58 First Nations. Of these, 37 have ratified their Land Codes and 2 of these communities have included their land codes under broader self-government arrangements with Canada. Page 46

47 Framework Agreement on First Nation Land Management Sets out the powers that will be transferred to the First Nation, such as, the powers: to govern Lands and Resources; to make laws; to administer laws; and to enforce laws. Sets out the process for that transfer; Recognition that First Nations authority to govern lands and resources is inherent; and Cannot be amended without the approval of ¾ of the First Nation signatories and the Minister of Indian Affairs. Page 47

48 First Nations Land Management Act The First Nations Land Management Act was enacted by Parliament in June, 1999; The federal law ratifies and brings into effect the Framework Agreement The First Nations Land Management Act cannot be unilaterally amended by Canada The Framework Agreement must be amended prior to any amendments to the First Nations Land Management Act The First Nations Land Management Act must be consistent with the Framework Agreement. Page 48

49 Land Code The First Nation ratifies the Framework Agreement by approving the First Nation law; Developed by the First Nation subject to the Framework Agreement; and Sets out the First Nation s powers and obligations for reserve land governance. Page 49

50 Framework Agreement on First Nation Land Management First Nation Framework Agreement on First Nation Land Management Federal Government Ratification Process Land Code Individual Agreement First Nations Land Management Act (Ratifies and Brings into effect) Page 50

51 The First Nations Lands Advisory Board (LAB) and Resource Centre Lands Advisory Board Elected Political body comprised of 12 Board Members + the Chairman Represents 3 regions in Canada (BC, Prairies, East) Supports First Nations in accordance with the Framework Agreement 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 Page 51

52 First Nations Governing their Reserve Lands and Resources under a Ratified Land Code British Columbia British Columbia Saskatchewan Ontario Lheidli T enneh Squiala Muskoday Georgina Island McLeod Lake Matsqui Whitecap Dakota Scugog Island Beecher Bay Tzeachten Kinistin Nipissing Sliammon Leq'a:mel Muskeg Lake Atikameksheng Anishnawbek Ts'kw'aylaxw Seabird Island Kahkewistahaw Henvey Inlet Tsawwassen* Westbank* Mississauga T'Sou-ke We wai kai Anishinaabeg of Naongashiing Kitselas Skawahlook Manitoba Shxway Sumas Opaskwayak Cree Nation Tsawout Nanoose Chemawawin Tsleil-Waututh Songhees Swan Lake * Denotes communities that are now operating under a self-government agreement Page 52

53 First Nations Awaiting Entry to the Framework Agreement Approximately 83 communities have submitted BCRs expressing interest in becoming signatories Recently, the Minister sent out letters to these First Nations along with a Self Assessment that was used to prioritize the list of First Nations On January 22, 2012, Minister Duncan, Chief Robert Louie, Chair of the Lands Advisory Board and Chief Austin Bear, Chair of the Resource Centre, announced 18 new First Nations will be added before April 1, Page 53

54 First Nations Awaiting Entry to the Framework Agreement Haisla (BC) One Arrow (SK) Shuswap (BC) Buffalo Point (MB) St. Mary's (BC) Long Plain (MB) Stz'uminus (BC) Beausoleil (ON) Williams Lake (BC) Aitchelitz (BC) Skowkale (BC) Yakweakwioose (BC) Alexis (AB) Tsuu T'ina (AB) Bingwi Neyaashi Anishnaabek aka Sand Point (ON) Mashteuiatsh (QC) Miawpukek (NL) Membertou (NS) Page 54

55 Benefits of a Community Developed Land Code First real recognition of First Nations inherent right to govern 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. Page 55

56 Benefits of a Community Developed Land Code Recognition of law-making powers respecting First Nation land; The Land Code reflects the First Nation traditions; Direct involvement of Members in decision making; More efficient management of First Nation reserve lands; a lease arrangement under the FA takes 1 month whereas it can take months under the Indian Act [KPMG]): Greater ability to take move on business opportunities, GOC approval not required Lower costs per transaction First Nations under a Land Code are increasing the average annual number of land transactions by 9%, while First Nations transactions under the Indian Act are decreasing by a rate of 1% Supports the establishment of clear, transparent rules for the protection and development of reserve lands Ability to create local dispute resolution processes Page 56

57 KPMG Findings In 2009, the First Nations Land Management Resource Centre (Resource Centre) and Canada commissioned KPMG to compare the costs and benefits to the Government of Canada of administering reserve land under the Indian Act with the costs and benefits to First Nations governing their lands under the Framework Agreement. A sample of 17 First Nations was selected. At the time of the study, these First Nations had been operating under a Land Code for several years. The KPMG study indicated that, for many of the operational First Nations interviewed, there had already been a 40% increase in new businesses by band members, there was a 45% increase in the types of businesses and businesses in new sectors, including supplier businesses and spin-off businesses. Page 57

58 KPMG Findings In addition, the 2009 data indicates that these First Nations are: experiencing a shift in the quality of jobs now available on reserve, and these opportunities require higher levels of education; attracting significant INTERNAL investment [approximately $53 million overall] through member-owned enterprises; attracting significant EXTERNAL investment [approximately $100 million overall] in joint-partnerships with third parties: providing more than 2,000 employment opportunities for band members, thereby significantly reducing dependence on social programming; and providing more than 10,000 employment opportunities for non-members, thereby pumping hundreds of millions of dollars into local economies. Page 58

59 KPMG Findings The KPMG analysis confirms that First Nations with direct control over their reserve lands and resources under the Framework Agreement are making decisions at the speed of business, which is essential for economic development. The study has listed some of the many benefits of land governance under the Framework Agreement including: Better relationships with third-parties due to direct involvement with the First Nations, increased sense of certainty for third-parties and a better negotiating environment; Better market opportunities through enhanced communications, ability to compete, timing and implementation of instruments and better relationships with industries and municipalities; Better circumstances to attract business to reserves through direct access to First Nation representatives, increased sense of security to investors and simplified processing conditions. Page 59

60 Auditor General s Report Fall 2009 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 ) Page 60

61 For further information visit our website Page 61

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85 Web Resources Framework Agreement on First Nation Land Management of the Framework Agreementon First Nation Land Management.pdf Taking Back Control Video Page 85