Program:

• To ensure that groups wishing to become recognized as separate First Nations are aware if the INAC policy on First Nation creation and to assist them in the development of plans that will meet their needs, those of their current First Nation.
• To manage the legal and policy obligations of INAC in the recognition of new First Nations.

Program History / Background:

Under section 17 of the Indian Act, the Minister can constitute new First Nations from registered Indians and current members of existing First Nations. The Minister can also amalgamate First Nations that request it. The latter rarely happens now.

The New Band/Band Amalgamation policy sets out the conditions under which INAC will consider the constitution and amalgamation of First Nations. In most cases, this must be at minimal or no cost to INAC. First Nations with significant costs will be considered if it is in response to a lawful obligation or a ministerial commitment.

There are numerous groups seeking recognition as separate First Nations. Because of the potential impact of these pressures on the limited resources of INAC, the Senior Policy Committee decided to continue to assess current pressures against the existing policy.

Description of Operations:

For proposed Band divisions, the initial phases of process involve the First Nation community and the region. The region informs the group wishing to separate of the process. Normally, this group then negotiates terms of separation with the "parent" First Nation. INAC reviews the proposed terms to ensure that it can meet any obligations that will fall within its purview and that all essential matters are addressed. The Deputy Minister then gives approval-in-principal to the proposal.

The final steps are a vote to confirm that the electorates of the communities affected agree to the terms of separation and ministerial approval of the creation of a new First Nation. Typically, this process takes several years.

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