Appendix 1

Additions to Reserve (ATR)

• Under the federal government's ATR policy, an ATR is a proposal for the granting of reserve status under one of these policy categories:



1. to rectify a legal obligation, such as a land claims settlement;
2. for community growth where the land is either adjacent to an existing reserve community or is in the proximity to an existing reserve within which existing onreserve programs and community services can be delivered, infrastructure extended and installations shared, at little or no incremental cost; or
3. for creation of a new reserve.

Urban reserves play an important role in offering First Nations economic, educational and social opportunities that are generally unavailable in rural areas. Benefits flow to First Nations people living on and off the reserve.

By working to improve the standard of living and purchasing power of their urban members, First Nations are contributing in a very direct way to the economic and social fabric of urban municipalities.

The procedures for addition to reserve or reserve creation vary according to whether or not the land to be acquired is federal land under Indian and Northern Affairs Canada's control, is federal land under the control of another department, is provincial Crown land or land that is privately owned.

Procedures

• Obtain a copy of the federal government's ATR policy. Copies are available from INAC regional offices. In order to seek an addition to reserve, the First Nation council must begin the process by formally submitting a Band Council Resolution (BCR) to Indian and Northern Affairs Canada.

  Upon receipt of the formal request, the departmental office discusses all requirements to move the proposal forward with the First Nation and together they designate roles and responsibilities for carrying out the following steps: local communications and consultation with local communities and municipal governments, environmental audits and surveys.

  All regions have Regional ATR Committees, which include representatives from Lands and Trusts Services (LTS), Corporate Services, Finance/Capital and other programs, as required. This committee analyzes the proposal to ensure requirements of the ATR policy are satisfied.

  The ATR committee forwards its report to the Regional Director General (RDG) either recommending that the proposal for approval in principle (AIP) be approved or rejected.

  If a proposal is rejected, the committee is required to provide written records of the proposal's review and the assessment used in making recommendations. Proposals, outside RDG delegated AIP authority must be reviewed by the Deputy Minister (DM). The RDG prepares a report and recommendation to the Assistant Deputy Minister (ADM) of Lands and Trusts Services.

  Upon review of the ATR proposal, the RDG or DM will either grant or refuse the Approval in Principle (AIP). "Approval in Principle" is the department's agreement to recommend a proposal to the Minister for consideration of reserve status through the Governor in Council. An AIP can be granted with or without conditions, since surveys, land purchases and other steps may be subsequently completed. Where conditions are attached to the AIP, they must be satisfied before an addition to reserve is forwarded to the Privy Council Office to be approved by Governor in Council by means of an Order in Council (OIC).

  INAC Region officially drafts the OIC submission to set the land aside as a reserve and requests Department of Justice (DOJ) approval of the draft OIC as to form and content. The Lands Officer follows current departmental procedures with respect to OICs, ensuring:

1. The First Nation and other relevant parties are provided with a copy of the OIC;
2. The OIC is registered in the Indian Lands Registry. Regional lands officials should arrange for registration of all related title documents in the Indian Land Registry as appurtenant documentation to registration of the Order in Council granting reserve status; and
3. The First Nation and other relevant parties are notified of the transaction and are provided with the registration particulars of the OIC.