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Additions to Reserve Policy

This document provides background information on the Additions to Reserve (ATR) policy and highlights the concerns expressed by First Nations. It also outlines the existing ATR process, legislative changes proposed by CIRNA, and the role of the ATR Advisory Committee. The document concludes with next steps and contact information for further inquiries.

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Additions to Reserve Policy

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  1. Additions to Reserve Policy Presented by: Dan Sarazin Date Prepared: April 25, 2019

  2. Background • The Indian Act does not deal with Additions to Reserve (ATR).The authority for granting an ATR is by the Governor General in Council through an Order in Council. • The 2001 Additions to Reserve policy was created to add lands to reserve status to fulfill legal obligations such as treaty lands entitlement, community additions, tribunal decisions and economic development.

  3. For decades First Nations have expressed concern with Canada’s ATR process. • Some major concerns include the financial burden placed on First Nations, a time-consuming process and the prioritization of third party interest over those of First Nations.

  4. Existing Process • In 2010, the Assembly of First Nations (AFN) and Canada formed a Joint Working Group (JWG) mandated by an AFN resolution to jointly reform the 2001 ATR policy. • This led to the formation of the current ATR Advisory Committee. • This work culminated in the 2016 revised ATR policy.

  5. Resolutions • At the 2016 AFN Annual General Assembly (AGA) the Chiefs-in-Assembly passed AFN Resolution 17/2016, Call on Canada to Update the Additions to Reserves Policy (ATR), urging Canada to work with the AFN to provide joint policy interpretation and implementation oversight.

  6. Resolutions - cont’d. • In December 2017, CIRNA once again signaled a willingness to renew engagement and agreed to provide AFN with limited funding to engage with First Nations on ATR. • In the fall of 2018, Bill C-86 - Budget Implementation Act, 2018, No. 2received Royal Assent. CIRNA unilaterally proposed and introduced legislation without AFN involvement. There was no opportunity for AFN to provide comment.

  7. Resolutions – cont’d. • At the Special Chief’s Assembly in December 2018, AFN Resolution 94/2018, Reject Canada’s Approach to Additions to Reserve Legislation was passed by consensus.

  8. Legislative Changes • CIRNA had explored legislative changes that would expand elements of the Claims Settlement Implementation Act nationally. • The changes would alleviate some of the administrative burdens faced by technicians involved in the ATR process. • The AFN has rejected the process not the content of the legislative changes.

  9. Legislative Changes – cont’d. • A change in the approval process by way of Ministerial Order rather than an Order in Council will expedite the process. • Access to pre-reserve designations, pre-reserve leases and pre-reserve permits will allow for increased access to economic development opportunities.

  10. Legislative Changes – cont’d. • These legislative changes were developed unilaterally and introduced by CIRNA without AFN’s involvement. • AFN is currently a member of an ATR Advisory Committee. • This committee meets quarterly with at least two face-to-face meetings to discuss and make recommendations for improving the ATR policy/process.

  11. ATR Advisory Committee Members • The ATR advisory committee is made up of the National Aboriginal Lands Managers Associations (NALMA), the Director General of Lands and Environmental Management Branch at Crown-Indigenous Relations and Northern Affairs (CIRNA), Assembly of First Nations (AFN), Lands Advisory Board Resource Centre (LABRC), Implementation Monitoring Committee (IMC), Manitoba USKE, Treaty and Aboriginal Lands Stewards Association of Alberta (TALSAA), Ontario Aboriginal Lands Association (OALA), First Nations Lands Managers Association for Quebec and Labrador (FNLMAQL), British Columbia Aboriginal Lands Managers (BCALM), Saskatchewan Aboriginal Lands Technicians (SALT), Planning and Lands Administrators of Nunavut (PLAN) and the Atlantic Region Aboriginal Lands Association (ARALA).

  12. Next Steps • The 2019-2020 work plan includes revising the Terms of Reference. • The new terms of reference is to have the committee review and approve before any further legislative changes. • The committee is also working on identifying policy gaps and providing recommendations for further improvements.

  13. Contact Information Danny Sarazin – Senior Policy Analyst Dsarazin@afn.ca 613-241-6789 ext. 157 Questions?

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