Links to Learning – British Columbia

Vancouver – December 15-17, 2015

John Makson – Manager West

Angie Derrickson – Lands

Technician First Nations Land Management Resource

Centre

Sheila Craig – Manager, Lands Modernization

Indigenous and Northern Affairs Canada

The Framework Agreement on First Nation Land Management is a conscious effort to shed the legacy of the Indian Act land provisions, practices, policies and procedures.

SUCCESS STORIES

I want to share a few success stories. The Lands Advisory Board and the Resource Centre share the pride felt by each of these communities. Each community has

furthered their economic, social, and spiritual health.

Vote Date: December 7, 2009

HENVEY INLET FIRST NATION

Pickerel, Ontario

Vote Date: September 13, 2010

SWAN LAKE FIRST NATION

Swan Lake, Manitoba

Vote Date: November 7, 2003

WHITECAP DAKOTA FIRST NATION

Whitecap, Saskatchewan

Vote Date: September 11, 2007

SQUIALA FIRST NATION

Chilliwack, British Columbia

A&W

Affinity Oral CareBank of Montreal

Bell Mobility

Booster Juice

Brown’s Social House

Carl’s Jr.

Cineplex

CitiFinancial

Dollar TreeEagle Landing Liquor

Store

Easyhome

Five Guys Burger and Fries

GNC

Great Clips

Home Depot

Kal Tire

Kuro RestaurantLife Labs

LubeX

Nice One Nails

Original Joes

Oxygen Yoga &

Fitness

Papa John’s

PetsmartPicasso Hair Design

Shell

Starbucks

SubwaySwiss Chalet

Taco Del Mar

The Source

Tim Hortons

Tom Harris Cellular

Tommy Guns Original Barbershop

Walmart

West Coast Dental

Westland Insurance

Yumi’s Frozen Yoghurt

Vote Date: June 3, 2003

WESTBANK FIRST NATION

Kelowna, British Columbia

This First Nation-conceived Framework

Agreement has expanded from the original 14 First

Nations signatories in 1996 to 118 First Nations

signatories in 2015.

57 First Nations have now ratified their Land Codes.

34 Land Codes have been voted on successfully in

BC

THE DEVELOPMENT PROCESS

Chief and Council Role

• Chief and Council are active in key areas of the developmental process

• In order to complete the ratification process within the twenty-four month timeline (or sooner), political will is essential

Land Code Development Committee Role

• Most First Nations establish a Land Code development committee to be responsible for developing the draft Land Code.

• A Land Code committee is usually composed of members who represent the diversity of the community, the different families, elders, youth, men, women, on and off reserve members.

Lands Coordinator/Assistants Role

The Lands Coordinator Role is one of the most important contributing factors to the success of the FirstNation ratifying a Land Code.

The Coordinator should possess some of the following the qualities: strong project management skills, project planning, and not necessarily someone who would

• Community understanding, involvement and support are essential.

•

involved in the land code process.

• At the end of the day, each eligible community member votes to take on land management, and to be involved in the future.

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A First Nation Land Code is a major step toward self-autonomy by taking control and assert jurisdiction over their reserve lands and resources. A First Nation with a Land Code in place has recognition and federal level powers over land and resource management. It has the power to make laws and responsive decision making. Ultimately, a Nation sets out the rules and procedures for a lands-based constitution that will replace 25% of the Indian Act. The Land Code is the framework that all aspects of future management is born from.

LAND CODE

A Land Code will be the basic land law of the First Nation and will replace the land administration provisions of the Indian Act. The Land Code will be drafted by the First Nation and, in accordance with the Framework Agreement, will make provision for the following:

identify the reserve lands to be managed by the First

general rules and procedures for the use and occupation of these lands by First Nation members and others

LAND CODE

financial accountability for revenues from the lands (except oil and gas revenues, which continue under federal law)

Process for making and publishing First Nation land laws

conflict of interest rules

community process to develop rules and procedures applicable to land on the breakdown of a marriage

LAND CODE

dispute resolution process

procedures by which the First Nation can grant interests in land or acquire lands for community purposes

delegation of land management responsibilities, and

process for amending the Land Code.

INDIVIDUAL AGREEMENT

An Individual Agreement, negotiated between the First Nation and Canada, will address such matters as:

LAND DESCRIPTION REPORT Identifies land known to be reserve status that will

be managed by the First Nation The LDR does not resolve or prejudice any claim of

the First Nation to any other lands, or to any proper adjustment to the boundaries, and serves the sole purpose of administrative implementation of the Framework Agreement.

INDIVIDUAL AGREEMENT

The specifics of the TRANSFER OF THE ADMINISTRATION of reserve land from Canada to the First Nation, such as: The active land interests registered by Canada that

are to be managed by the First Nation The transfer of revenues An interim environmental assessment process The FUNDING provided by Canada to the First

Nation for land governance. The WORK PLAN will identify any outstanding

land title issues that will be resolved after the Land Code and Individual Agreement become operational.

INDIVIDUAL AGREEMENT

ENVIRONMENTAL SITE ASSESSMENT (ESA) An ESA Phase 1 is prepared as part of the Individual

Agreement negotiation process If there is an existing environmental problem on a

reserve before the Land Code takes effect, the Framework Agreement states that Canada continues to be responsible for the problem and liable for any of its actions or omissions that may have caused the problem

Before bringing a reserve under its Land Code, a First Nation is entitled to full disclosure on any environmental problem from Canada.

THE COMMUNITY RATIFICATION PROCESS

The procedure for the community ratification process is developed by the community in accordance with the Framework Agreement.

This process is set out in a separate document indicating all of the vote based activities, roles and responsibilities.

Ultimately, members make the decision to opt out of the land management sections of the Indian Act by ratifying the Framework Agreement. The First Nation voters, both on and off reserve, cast their ballot to accept the Land Code and the Individual Agreement.

LAND CODE COMMUNICATIONS

In order for a First Nation to assume control over its lands, the Land Code and the Individual Agreement must be voted on and approved by the First Nation members.

In order to ensure informed decision making, as required by the Framework Agreement, a First Nation must attempt to locate all the voting members.

A variety of strategies for communicating to the members has been tried, with much success, though the best approach is a simple approach.

Magnetawan First Nation celebrating a

successful vote on June 20, 2015

RATIFICATION VOTE

The Land Code and Individual Agreement are considered approved by the community if:

A majority of voters participate & at least a majority of the participating voters vote to approve them; or

The First Nation registers all eligible voters who intend to vote, and a majority of the registered voters vote to approve them.

However, in all cases, the Land Code and Individual Agreement must be approved by not less than 25% plus one of all eligible voters vote to approve them.

LAND CODE IMPLEMENTATION

START-UP & CAPACITY BUILDING

STAFFING:

Lands Staff, who and when to phase in Succession Planning and Project Management

(Land Use Plan, Zoning regulations, Environmental Management Planning, Community Engagement) Coordination with Administration and key

departments/Economic Development Corp.

START-UP & CAPACITY BUILDING

STAFFING:

Lands Manager Registry Clerk GIS Technician Enforcement Officer/ Lands Compliance Officer Environmental Specialist Finance Clerk Natural Resources

Manager/Technical Support/Enforcement Officer/Biologist

Housing

START-UP & CAPACITY BUILDING

There are professional and expert advisors that can assist in setting up your land governance operations:

Expert Advisors Environmental Consultant Legal Advisor Canada Land Surveyor GIS Information Systems

START-UP & CAPACITY BUILDING

Orientation, On-going Support and Resources:

First Nations Land Management Resource Centre Technicians Environmental Consultant Legal Advisor Canada Land Surveyor

Operational First Nations Information sharing, tours, advice

INAC FNLRS Individual Agreement work plan

FRAMEWORK AGREEMENT ON

FIRST NATIONS LAND MANAGEMENT:

FUNDING

FUNDING

The Lands Advisory Board, in consultation with First Nations, negotiates the funding method with Canada:

Transitional and Environmental funding (2 years):

1st payment of $75,000 upon enactment of Land Code2nd payment of $75,000 the year after

Three tiers of Operational funding levels (year to year):

Tier 1 - $204,536Tier 2 - $251,636Tier 3 - $317,386

FUNDING

Operational First Nations have sole discretion to determine how to use the funding provided to meet land and environmental governance and management responsibilities.

There is no INAC reporting requirement, however First Nations must report to their members in an annual report and meeting.

Funding is negotiated for a maximum term of five years at a time and includes provisions for its amendment and renegotiation.

Interested: BCR and AQ

• First Nation BCR- expressing FN interest to sign an adhesion to

the Framework Agreement (*has been completed by all three

communities*)

• the completion of a new Assessment Questionnaire* will need to

be provided to the BC regional AANDC Office or the Lands

Advisory Board

*Assessment Questionnaire

• 2011-2012 AANDC overhauled the selection process for FN to

enter into the FNLM regime –

• A prioritization tool was established to create a list of First Nation

entrants into the Regime.

• The tool is divided into 3 sections to have First Nations assess

their own readiness and to help the Department prioritize

entrance

• Focus is on governance capacity, land management experience

and economic development (planned or demonstrated)

SUCCESS INDICATORS FORLAND MANAGEMENT

The 2010 KPMG data indicated: Attracted $53 million overall investment from

member-owned enterprises Attracted $100 million overall investment from

third parties businesses Provided more than 2,000 employment

opportunities for band members, and Provided more than 10,000 employment

opportunities for non-members, pumping hundreds of millions of dollars into local economies

2010 KPMG FINDINGS:

The Framework Agreement is impacting economic development efforts on reserve land:

The Framework Agreement has contributed to First Nations increasing the number of businesses on reserve, with most new businesses being First Nation member-owned business (increased entrepreneurial activity).

Framework Agreement First Nations are expanding their business development to new and/or different industry areas.

Framework Agreement First Nations are beginning to see a shift in the quality of jobs available on reserve by providing jobs that require higher levels of education.

2010 KPMG FINDINGS

First Nations are able to complete land transactions more efficiently than Canada;

First Nations can do the job for less cost than Canada;

Framework Agreement First Nations are increasing the average annual number of land transactions by a 9% rate as opposed to transactions by First Nations under the Indian Act which are decreasing on average by 1%; and

The Framework Agreement provides better circumstances for First Nations to improve their land governance systems and processes (i.e., governance and decision making, facilitation of market opportunities).

2010 KPMG FINDINGS

Framework Agreement First Nations have experienced increasing internal and external investment in their communities ($101M in investment, approx., all identified by a sample of 17 Framework Agreement First Nations)

Additionally, this investment occurred in more areas than before (i.e., hard/soft infrastructure, business regeneration/growth, new business)

2014 KPMG BENEFITS REVIEW REPORT

In a 2014 analysis, KPMG reaffirmed the findings of its 2010 study on the FA costs and benefits to Canada.

An order of magnitude amount of internal and external investment achieved by all 32 operational First Nations participating at the time of this study is $270M.

Case studies are underway now.

2014 KPMG BENEFITS REVIEW REPORT

Land management activities under the Framework Agreement are:

Faster Strengthening FN values & vision Protecting FN legal interests Providing more flexibility, better lease terms for the FN, &

better accountability of third Providing better relationships with financial institutions & the

ability to borrow for capital investments Facilitating more consistency with the FN Land Use Plan Increasing the level of interest & participation of Members, as

well as awareness of Community issues Increasing both internal investment & external investment

Land management activities under the Framework Agreement are:

Facilitating more consistency with the First Nation Land Use Plan

Increasing the level of interest and participation of members, as well as awareness of Community issues

Increasing both internal investment and external investment

These independent KPMG studies are available on the www.labrc.com website.

None of the First Nations surveyed in

2009 or 2013 reported a desire to revert

back to the Indian Act.

CHI-MIIGWECH