In February 1996, the Government of Canada and a group of First Nations’ chiefs signed the Framework Agreement on First Nations Land Management. These First Nations were Westbank, Musqueam, Lheidli T’enneh (formally known as "Lheit-Lit’en"), N’Quatqua, Squamish (British Columbia); Siksika (Alberta); Muskoday, Cowessess (Saskatchewan); Opaskwayak Cree (Manitoba); Nipissing, Mississaugas of Scugog Island, Chippewas of Georgina Island, Chippewas of Mjikaning (Ontario), and Saint Mary’s First Nation (New Brunswick). Four of these First Nations are now operating under their own land codes ( Mississaugas of Scugog Island, Chippewas of Georgina Island, Muskoday, and Lheidli T'enneh) and the remaining 10 signatory First Nations are in various stages of their community process.

This Framework Agreement provides these 14 First Nations with the opportunity to opt out of 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 Framework Agreement is a First Nations initiative developed in full partnership between the Government of Canada and the signatory First Nations. The Framework Agreement promotes self-management initiatives that will result in improved economic development and self-sufficiency on reserves.

The First Nations Land Management Act (FNLMA) is the formal legislation which ratifies and brings into effect the Framework Agreement. The FNLMA, which was introduced as Bill C-49 in June 1998, received Royal Assent on June 17, 1999.

The First Nations Land Management Initiative offers First Nations the ability to create modern tools of governance over their lands and resources, specifically with respect to:

• developing land codes;
• passing laws (in areas such as the environment and matrimonial real property);
  
• enforcing laws;
• establishing intergovernmental relationships with provincial and municipal governments; and
• clarifying the legal status of Bands and Band Councils.

Since the signing of the Framework Agreement and the passage of the FNLMA there has been significant interest by other First Nations. The reason the Initiative has not been opened up until now is because Cabinet mandated the Minister of Indian Affairs and Northern Development to complete three steps: (1) a review of the Initiative; (2) provincial consultation and; (3) a bijuralism review. Now that those steps have been satisfied, the Minister of Indian Affairs and Northern Development is free to open it up to other First Nations in Canada.

In April 2002, the First Nations Land Management Initiative will be opened up to other First Nations in Canada. Through the 14 signatory First Nations, the Initiative has proven to be successful in building First Nations’ capacity in the area of land management and increasing economic development opportunities on reserve. The Initiative is a tool First Nations have said they need to provide the freedom and responsibility to manage their own reserve lands, natural resources, and revenues in a way that works best for them.

In the transition process of coming under the Initiative, a participating First Nation will develop a land code setting out the basic rules for the new land regime. A participating First Nation must also enter into an individual agreement with the Government of Canada to determine the level of operational funding for land management and to set out the specifics of their 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 administration provisions of the Indian Act no longer apply to the community.

The Initiative does not change the Government of Canada’s fiduciary relationship to First Nations operating under their own land codes, although there is a reduction in potential Crown liability for fiduciary obligations when First Nations take up responsibility for lands, resources and revenue management. The Indian Act and all other federal laws of general application continue to apply for all purposes other than land management. The lands under a community land code continue to be First Nations reserve lands.

This Initiative, like other governance initiatives such as First Nations Fiscal Institutions, or the Independent Claims Body, or the First Nations Governance Initiative, is an important building block to First Nations self-governance. The First Nations Land Management Initiative, like these other initiatives, is also a key component of the Government of Canada’s commitment to strengthening governance practices, as was outlined in the Speech from the Throne. Through this Initiative, First Nations are improving the quality of life in their communities by building capacity and increasing economic development opportunities.

The First Nations Land Management Initiative in relation to...

The Lands Advisory Board
The Lands Advisory Board was established as part of the Framework Agreement to:

• develop model land codes, laws and land management systems;
• develop model agreements for use between First Nations and other authorities and institutions, including public utilities and private organizations;
• on the request of a First Nation, assist the First Nation in developing and implementing its land code, laws and land management systems and environmental assessment and protection regimes;
• establish a resource centre, curricula and training programs for managers and others who perform functions pursuant to a land code;
• propose regulations for First Nation land registration; and
• propose to the Minister of Indian Affairs and Northern Development such amendments to this Agreement and the legislation as it considers necessary or advisable.

Matrimonial Real Property
While the Indian Act currently provides no protection for women with respect to the division of the matrimonial home upon marriage breakdown, the First Nations Land Management Initiative enables participating First Nations to enact laws with respect to matrimonial real property.

Participating First Nations establish a community process to develop rules and procedures to deal with matrimonial property within 12 months from the date the land code takes effect. Under the Initiative, First Nations develop laws that are applicable on the breakdown of a marriage with respect to the use, occupancy and possession of First Nation land, the division of interests in that land.

Expropriation Powers
In 1991, the Government of Canada undertook an extensive review of its Aboriginal policies launching the Royal Commission on Aboriginal Peoples (RCAP). A major theme in the RCAP final report was that active participation by Aboriginal people in developing the policies that govern their lives was needed. The First Nations Land Management Initiative 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 various authorities in Canada (i.e., federal and provincial governments and public and private organizations such as municipalities, school boards, universities and hospitals) and as such, has been provided for in this Initiative.

Under this regime, 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 their community. 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
Before being introduced in 1998, the First Nations Land Management Initiative underwent an extensive consultation process with the 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.

Since this time, discussions have continued with provinces and in November 2001 the Minister of Indian Affairs and Northern Development sent a letter to his provincial counterparts informing them of his intent to open the Initiative up to other First Nations. As First Nations come forward with formal expressions of interest in coming under this regime, provincial partners will be notified and invited to participate in the process.

Third-Party Agreements
Under the Initiative, existing third-party interests, such as leases, will continue according to their pre-determined 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.

Environmental Issues
Within a year of the ratification of a First Nation land code (or such other time as the Crown and a First Nation may agree), an environmental management agreement must be negotiated between each First Nation and the Government of Canada. The provinces are invited to participate in these agreements, in an effort to harmonize environmental standards. An environmental management agreement would consist of a plan on how the First Nation would enact environmental protection laws deemed essential by the First Nation and Canada. First Nation environmental standards and penalties must be at least of the same standard as that of the province in which the First Nation is located.

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