February 2000
BACKGROUNDER
CALDWELL CLAIM AND ADDITIONS TO RESERVE POLICY
Terms of the Agreement
If ratified by the members of the Caldwell First Nation, under the Agreement in Principle, the Caldwell First Nation will receive
$23.4 million and may purchase up to 4,500 acres of land.
Following the purchase of land, the First Nation can apply to have land parcels receive reserve status under the Department of
Indian Affairs and Northern Development's (DIAND) Additions to Reserve Policy (ATR).
Additions to Reserve Policy
Once the Caldwell First Nation land claim is settled and the First Nation purchases land as a result of the settlement, this land will
initially be held as fee-simple. The First Nation can only purchase land on a willing seller/willing buyer basis. The First Nation must
then apply for reserve status under the ATR Policy. Reserve creation is not automatic.
Canada's Additions to Reserve Policy identifies circumstances under which land may be granted reserve status and sets out steps
to be followed by the Government of Canada in assessing a First Nation's proposal for reserve lands.
Some of the main criteria
for land to be granted reserve status are:
- there are no significant environmental concerns
- reasonable attempts have been made to address concerns of municipal or provincial governments
- necessary funding required from DIAND has been identified within existing resources and the proposal is cost-effective
from the perspective of departmental operational funding
- third party legal interests on the land must be addressed
- any necessary public access to land and public utilities has been provided for.
The circumstances of each proposal to afford land reserve status must be considered on a case-by-case basis. Governor in Council has the final authority to approve the creation of a reserve.
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