Cross Lake First Nation in northern Manitoba was one of five communities affected in the early 1970's by flooding arising from hydro-electric projects on the Nelson and Churchill Rivers and by the Lake Winnipeg Regulation Project. In 1977, as part of the Northern Flood Committee Inc. (NFC) which also represented Nelson House (now Nisichawayasihk Cree Nation), Split Lake (now Tataskweyak Cree Nation), York Factory First Nation, and Norway House Cree Nation, Cross Lake signed and (by referendum in 1978) ratified the Manitoba Northern Flood Agreement (NFA) with Canada, the Province of Manitoba and Manitoba Hydro which provided compensation to the affected First Nations.

Under the NFA, approximately $120 million in benefits has been provided to Cross Lake First Nation through various initiatives undertaken separately or jointly by the Crown parties. Canada's share of these expenditures has been approximately $60 million. Some of these initiatives include:

• the provision of a water treatment and sewage system;
• support to community planning and land use studies;
• employment support activities;
• the construction of the Minago River bridge;
• an arena;
• the Cross Lake weir;
• cultural education;
• funding of Neyanun Trust;
• environmental monitoring;
• resource programs, including trapping and domestic fishing; and
• settlement of general and specific claims filed under the NFA.

In addition, Manitoba has provided an all-weather road to Cross Lake at a cost of $4.6 million, of which Canada contributed $2.76 million under a federal-provincial funding arrangement known as the Northlands Agreement. The Province of Manitoba is also planning for the construction of a bridge to replace current ferry and ice road crossings into the community.

While much has been done to implement the NFA in Cross Lake and the other four NFA communities, there were also disagreements over the extent and nature of obligations and various attempts were made to find solutions. In 1986 the NFC proposed that a comprehensive implementation agreement be developed and all-party global negotiations followed which eventually resulted in Comprehensive Implementation Agreements (CIAs) in the other four NFA communities that clarified the obligations of each party as well as provided substantial economic development funds to communities, along with significantly more land than the original NFA.

In 1997, after several years of negotiation, Cross Lake First Nation chose not to pursue a CIA, opting instead for implementation of the NFA directly in accordance with its "spirit and intent". In 1998 representatives of Canada, Manitoba, and Manitoba Hydro undertook to work "in a spirit of partnership" with Cross Lake First Nation to implement the NFA.

Representatives of the four parties have continued to meet regularly since that time, first as a Working Group to agree on a process, and then, since January 2001, in a process known as the "Agenda." Task Forces on exchange lands and forebay clearing have been active since 2000 and 1999 respectively. Since 1998 the Crown parties have provided Cross Lake First Nation with approximately $5 million for its costs in supporting the "Agenda" process.

Canada's major obligations under the NFA have been met by a range of implementation measures, but it remains committed to working with all parties in its remaining shared and ongoing responsibilities - particularly the Employment Task Force, ongoing environmental monitoring and the co-ordination of its existing programs with community plans.

An assessment of the "Agenda" process was made by Canada's Chief Federal Representative and tabled in January 2002. It concluded that, while significant NFA implementation benefits have flowed to Cross Lake First Nation over the years, they have been independent of the "Agenda" process, which has not been effective. This assessment, along with options and recommendations were provided to the Minister of Indian Affairs and Northern Development for his review.

On April 24, 2002, the Minister of Indian Affairs and Northern Development wrote to Cross Lake First Nation and the other Crown parties advising that he had accepted the Chief Federal Representative's recommendation that an "obligations-based, proposal-driven" approach would be more productive and cost-effective than the "Agenda" process. Canada, Manitoba and Manitoba Hydro worked actively on such proposals and discussed them with representatives of CLFN. Canada officially tabled for CLFN's consideration four of its own proposals (on the Employment Task force, Community Planning and Coordination, Environmental Information and Monitoring and Enabling Funding). Manitoba tabled two proposals (on Exchange Lands and Resource Management), and Manitoba Hydro tabled a significant, multi-year proposal on Systems Impacts. These comprise the totality of planned proposals; and all contain provisions for funding the administrative and expert implementation costs of the First Nation.

On October 15, 2002, Canada's funding for the "Agenda" process ended, as planned. To date, representatives of Cross Lake First Nation have not responded to Canada's proposals, and no further funding arrangements have been reached for NFA implementation. However, Canada continues to implement, as far as possible, its ongoing obligations under the NFA. It is understood that discussions are continuing between Manitoba Hydro, Manitoba and Cross Lake First Nation respecting their proposals.

For more information on the general history of the NFA, and the CIAs, consult our Backgrounder entitled Manitoba Northern Flood Agreement: Implementation, and also our Chronology of Highlights - Implementation of Manitoba Northern Flood Agreement.

For more information on NFA-related matters check out the INAC website.

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