Building on the Success of First Nations Land Management (FNLM) Lands Advisory Board Annual General Meeting September 26, 2017
2 Outline 1. FNLM Background and Context Outline and Purpose 2. The Business Case for Continued Investment 3. Memorandum to Cabinet 4. Next Steps and Call to Action Purpose To brief on progress within INAC to seek approval for: 1. Amendments to the Framework Agreement on First Nation Land Management and the First Nations Land Management Act. 2. Supplemental budget investments to renew the FNLM operational funding formula. 3. Supplemental budget investments to continue to expand FNLM to new entrants over the next five years. As Minister of Indigenous and Northern Affairs, your overarching goal will be to renew the relationship between Canada and Indigenous Peoples. This renewal must be a nation-to-nation relationship, based on recognition, rights, respect, co-operation, and partnership. Mandate Letter
Snapshot of First Nations Land Management In 1991, a group of First Nations Chiefs approached INAC with a proposal to enable First Nations to opt-out of the 33 sections of the Indian Act related to land and environmental management. This resulted in the signing of the Framework Agreement on First Nation Land Management (Framework Agreement) between Canada and 14 First Nations in 1996 and passage of the First Nation Land Management Act (the Act) in 1999. First Nations operate under a community developed and approved Land Code that enables communities to manage their reserve land, resources, and environment according to their own cultural values, community priorities and objectives. It is recommended that Canada proactively work with First Nations by entering into incremental agreements as a path to building capacity with the objective of reaching a comprehensive treaty, or such agreements as stand-alone. These types of agreements offer First Nations opportunities to build much needed capacity and to exercise jurisdiction in a manner that works for that nation. There are currently 123 communities active in FNLM (developmental and operational). New entrants are added as funds become available through new federal investments (e.g., Budget 2015) and internal reallocations. First Nations Summit submission to the Federal Working Group of Ministers on the Review of Laws 3
FNLM Success and the Case for Continued Federal Investment Governance: o Operational communities take on liability for all new acts and/or omissions resulting from their actions under their land code. o FNLM has resulted in decreased litigation o Law-making and enforcement powers are key features of FNLM. o Three FNLM communities have progressed to full self-government agreements; others are in the process. o Many FNLM communities participate in other incremental or sectoral selfdetermination processes: o 83% of FNLM communities also in the FNFMA; o Majority of MRP law making occurs in FNLM communities (37 FNs). Economic Development: o Communities are able to process land transactions faster, move at the speed of business, and present a more attractive climate for investors. o A KPMG study concluded that FNLM First Nations processed land transactions We have the ability for the first time in our history to have some direct input on the laws, policies and regulations that directly govern the administration of our lands. - Gord Bluesky, Brokenhead Ojibway Nation up to 72 times faster than INAC. o 4,000 jobs were created in 32 communities as a result of FNLM. 4
5 FNLM Success and the Case for Continued Investment (cont d) Expertise (Lands Advisory Board and Resource Centre): o More than 20 years of experience. o Shifting focus on supports for operational Nations to address implementation issues (e.g., model environmental laws, enforcement pilots, prov/terr working forums). o Pragmatic partnerships with other institutions (e.g., NALMA). o Respected voice for engagement (e.g., Review of Laws Committee, MRP, RLEMP). Innovation: o Leader in electronic ratification processes. o Aggregation in action two FNLM aggregates currently pooling resources. o Building First Nation capacity (e.g., Wikwemikong survey pilot project). o Practical solutions to complex problems (e.g., BC Roads Committee). o Addressing gaps (e.g., enforcement pilots). The inclusion of Mistawasis and Yellow Quill First Nations now means that all seven members of the Saskatoon Tribal Council will be signatories to the Framework Agreement. None of our Chiefs at the table will suffer any longer from the impediments of the Indian Act. We have been waiting many years for this moment so that we can plan joint economic ventures with the participation of all seven communities. - Chief Austin Bear of Muskoday First Nation
6 Objectives Part 1: Legislative Amendments In October 2016, LAB Chairman Robert Louie wrote the Minister to recommend a series of Framework Agreement changes (and associated changes to the FNLMA) pursuant to a resolution passed by LAB membership. A two-phased approach is recommended to address the changes efficiently: Phase 1 Amendment Package (18 months): Address and improve administrative efficiency, provide greater clarity, plus progressive changes to modernize and enhance the Regime. Within the Minister of INAC s purview, requiring minimal consultation and engagement beyond FNLM First Nations. Phase 2 Amendment Package (2-3 years): Enable greater autonomy and self-determination for First Nations in the Regime. Some areas outside of the Minister of INAC s purview, requiring interdepartmental and provincial/territorial consultation and coordination.
Context for Operational Funding: Objectives Part 2: FNLM Operational Funding Operational funding is Canada s contribution to overall land and environmental governance costs. It is a legislative requirement to jointly negotiate funding, generally on a five-year cycle (Clauses 30.2 & 30.3). Existing MOU on operational funding expired in 2016 and was extended by mutual agreement to March 2018; considers several variables to assess workload and determine a funding category (e.g., size, population, transactions, complexity). New Agreement on Operational Funding*: New five-year Agreement-in-Principle builds on existing methodology with these improvements: o Inflationary adjustors o Fourth funding category for high transaction communities o Environmental capacity o Grant authority AiP was supported by LAB membership in May 2017; however, noted that funding for the environment was still considered inadequate. *See Annex A for detailed funding chart. 7
8 Objectives Part 3: Expansion and Supports for FNLM Expansion In addition to funding to support expansion of FNLM to new entrants, the following enhancements are also contemplated: Improvements to the Developmental Phase: Dedicated FNLM capacity and pre-readiness training. Start surveys, Environmental Site Assessments, Land Description Reports sooner leading to earlier identification of legacy land issues, environmental concerns and other sources of delay. Program redesign could better align RLEMP as a capacity and feeder group for FNLM. Expansion Support: E-voting to engage youth and off-reserve members and improve voter turnout. Enhance INAC regional capacity to deliver FNLM in emerging areas of Canada. Exploring Potential for Increased Collaboration with NRCan (examples): Increased survey capacity. Mechanisms for title dispute resolution. Mines and minerals.
9 How Can the Lands Advisory Board, Resource Centre and FNLM First Nations Assist? Examples: Review of Laws Committee CA Study Tour LAB meetings with key federal officials Informal networking and lobbying Meetings with (new) Minister Other suggestions? Thank you. Questions and Comments?
Annex A: Operational Funding Allocation Methodology in 2018* Land Governance in first year Category 1 Category 2 Category 3 Category 4 Lands Policy Analyst PM-5 $30,385 $53,559 $87,644 $87,644 Enforcement Officer PM-3 $27,709 $44,057 $65,143 $65,143 Clerk CR-3 $24,863 $24,863 $24,863 $47,786 Salaries Sub-Total $81,986 $121,509 $176,681 $202,513 Benefits $16,591 $24,496 $35,530 $40,503 O&M $66,014 $69,966 $75,484 $79,370 Training $3,273 $3,273 $3,273 $3,273 Reporting $21,817 $21,817 $21,817 $21,817 Enforcement Equipment $1,527 $1,527 $1,527 $1,527 Vehicle $10,288 $10,288 $10,288 $10,288 Legal/Prosecutions $21,817 $21,817 $21,817 $21,817 Sub-Total $141,133 $153,183 $169,541 $178,594 Total $224,282 $275,662 $347,385 $381,107 Environmental Governance in first year Environmental Officer PC-3 $27,382 $48,266 $78,983 $78,983 Salaries Sub-Total $27,382 $47,984 $78,983 $78,983 Benefits $5,476 $9,653 $15,797 $15,797 Training, Capacity and Innovation $13,591 $13,591 $13,591 $13,591 Enforcement Equipment $1,527 $1,527 $1,527 $1,527 Sub-Total $20,594 $24,771 $30,915 $30,915 Total $47,976 $73,037 $109,898 $109,898 Total Core Contribution Categories $272,259 $348,699 $457,283 $491,005 * Methodology Only First Nations maintain discretion to expend funds in accordance with community-specific priorities.
11 Annex B: FNLM Success Stories Whitecap Dakota First Nation: The community has found success as a tourist destination for the region. In addition to a world-class golf-course and casino, a new hotel is expected to create 150 jobs for the community. In addition, they have began construction on phase one of a commercial housing project agreement between Whitecap Dakota and Valley River Development Corporation. Shxwha:y Village: The community partnered with Unicell to build the Whitefeather Tissue and Towel Plant. The project will be jointly owned by Shxwha:y Village and Unicell Holdings Inc., with a 51 percent ownership by the First Nation. This opportunity will bring local training as well as jobs to the community. T Sou-ke First Nation: After becoming operational in 2007, they began to develop the T Sou-ke Solar Community Program. Solar hot water systems were installed on 40 houses and they developed a comprehensive energy conservation program. They discovered it costs just one-tenth the price to save energy as it does to produce it. Squila First Nation: As part of both FNLMA and FNFMA, Squila was able to independently finance a majority of their Eagle Landing Shopping Centre, an open-air commercial retail site that includes Home Depot, Kal Tire, Tim Hortons, Shell Gas Station, and Walmart.