Who is responsible for land and environmental management on reserve under the Indian Act?

The Minister of Indian and Northern Affairs Canada currently has responsibility under the Indian Act for land and environmental management on reserve. First Nations that operate under the First Nations Land Management Act and other self-government initiatives are responsible for their own land and environmental management on reserve.

What is the Reserve Land and Environment Management Program (RLEMP)?

The Reserve Land and Environment Management Program (RLEMP) is a comprehensive and integrated land and environmental management program that will give First Nations the tools to manage the broadening scope and complexity of land and environmental management.

The program establishes mechanisms for First Nations to be involved in a broader spectrum of land management activities including community land use planning, environmental management, and compliance, which will enable them to exercise greater control and decision making with respect to land and environmental management.

Does RLEMP remove or change First Nations’ current authorities under the Indian Act?

No, RLEMP does not remove or change First Nations’ existing authorities under the Indian Act. RLEMP recognizes the role that communities play in granting land tenure on reserve under the Indian Act and entrenches that role within the program. The liability on land tenure remains with the Minister of Indian and Northern Affairs.

Does RLEMP remove or change any administrative responsibilities that First Nations currently have with respect to land and environmental management?

Yes, under the RLEMP, First Nations will have greater input into decisions regarding the issuance of land tenure on reserve. Detailed roles and responsibilities have been created to reflect the business processes for the involvement of communities in those processes.

When does the program begin?

As a first step, in approximately June 2005, fifteen First Nations are scheduled to participate in a pilot project using the roles and responsibilities created for the RLEMP. These First Nations will have expanded involvement in land and environmental management roles and responsibilities. It is anticipated that these First Nations will provide feedback that will prove useful in finalizing the program prior to April 2006. From the list of First Nations who formally express an interest in joining RLEMP, fifty First Nations will be selected annually to participate in the program beginning in April 2006, at which time the full program will be available.

How will this program benefit First Nations?

First Nations will gain the tools they need to manage reserve land, resources and environmental management. They will have increased involvement in the full scope of land and environmental management activities including community land use planning, environmental management, and compliance activities and processes. They will receive increased funding based on the scope of their increased land and environmental management responsibility and the results attained.

The program will also provide First Nations with enhanced training and professional development that will build land and environmental management knowledge and skills. It will enable First Nations communities to exercise greater control over land and environmental management decisions.

By supporting the development of First Nations’ land management knowledge and skills, RLEMP will help to build new competencies that will enable First Nations to assume new responsibilities for governing land, resources and the environment. For those First Nations who are interested, this will facilitate a transition to more advanced land management initiatives such as the First Nations Land Management Act and eventually to self-government.

How will RLEMP prepare First Nations to handle the increased responsibilities?

The RLEMP has a professional development program that is designed to address the skills, knowledge and experience requirements for First Nations land managers to not only perform their responsibilities under RLEMP, but to also perform them under
self-government initiatives.

An important feature of the RLEMP is that First Nations land managers will require certification. The objective of certifying First Nations land managers is to promote professional accountability and to identify to the public and professional peers that the these land managers have met specific professional standards. A certification program is being developed by the National Aboriginal Land Managers Association (NALMA) to meet this requirement.

INAC is also providing support to the program by engaging regional offices to mentor First Nations who choose to enter into the program.

Who will develop and deliver the Professional Development training?

NALMA and the University of Saskatchewan will be working together to develop the training program. The first training component will provide training applicable to all land and environmental management regardless of regulatory regime including legal systems in resource management, environmental studies, legal instruments and processes in resource management, etc., and will be delivered by an accredited learning institution in Canada.

The second component will focus on the technical training required for practical applications under the Indian Act. It will include technical courses such as leasing and permitting, which are designed to provide the necessary reserve land and environmental management skills needed to deliver land and environmental management services on reserve.

What will happen to First Nations who are currently under other land management programs and awaiting entry into RLEMP?

The RLEMP is only able to accommodate a maximum of fifty new entrants per year into the program. While a First Nation is awaiting entry into the RLEMP, funding will continue to be maintained using the funding formula under the RLAP and 53/60 Delegated Land Management Programs.

How did INAC select First Nations for the Reserve Land and Environment Management Pilot Project?

First Nations with extensive land management experience were chosen for the RLEMP Pilot Project in order to adequately test the program’s roles and responsibilities. Variation in the size of the First Nations, as well as geographic representation from across the country, were also taken into consideration when making the selection.

How many First Nations will join the RLEMP Program in April 2006 at which time full roll-out of the program will be available?

It is anticipated that fifty First Nations will join the RLEMP program in April 2006, with an additional fifty First Nations joining each year thereafter.

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