Framework Agreement on First Nation Land Management

1. Framework Agreement on First Nation Land Management September 12, 2012 Presentation to: Ts’kw’aylaxw First Nation

2. What is The Framework Agreement? • A government-to-government agreement signed in 1996 • Negotiated between 14 First Nations and the Department of Indian Affairs • Gives First Nations the option of withdrawing their lands from the Indian Act in order to exercise control over their lands and resources • Sets out the powers that will be transferred to the First Nation and is source of First Nation land management authorities

3. The original 14 First Nations Signatories • Westbank, British Columbia • Musqueam, British Columbia • Lheidli T’enneh, British Columbia • N’Quatqua, British Columbia • Squamish, British Columbia • Siksika, Alberta • Muskoday, Saskatchewan • Cowessess, Saskatchewan • Opaskwayak Cree Nation, Manitoba • Nipissing, Ontario • Mississaugas of Scugog Island, Ontario • Chippewas of Mnjikaning, Ontario • Chippewas of Georgina Island, Ontario • Saint Mary’s, New Brunswick

4. First Nation Land Management Act • It was enacted by Parliament in June 1999 • It ratifies the Framework Agreement for the federal government • Sets out the federal governments powers and obligations under the Framework Agreement • It does not control Framework Agreement First Nations

5. Framework Agreement on First Nations Land Management Timeline Draft Principles Framework Agreement on First Nation Land Management Framework Agreement on First Nation Land Management Federal Ratification Process First Nations Land Management Act Expansion 14 First Nations 37 Land Codes Ratified 90 First Nations Signatory 18 FN to be developmental between 2012-2016 Developed by Chiefs from 14 First Nations and Minister of DIA 1980/90’s Signed by 14 Chiefs and Minister of DIA February, 1996 Parliament of Canada Ratified First Nation Land Management Act June, 1999 Announced by the 14 LAB Chiefs and Minister of DIA March 2003 January 2012

6. Role of the Lands Advisory Board (LAB) and the Resource Centre FNLM Resource Centre • Technical Body established by the Lands Advisory Board • Day-to-day operations including support for LAB activities, financial administration, and technical advice and support to developmental and operational communities Lands Advisory Board • Elected political body comprised of 10 Board Members + the Chairman • 3 regions in Canada (BC, Prairies, East) • 4 Prairie Board Members • Supports First Nations in accordance with the Framework Agreement

7. Principles of the FA • Inclusion of on and off reserve First Nations members • Once a Land Code is ratified by the community, the land management provisions of the Indian Act (approx. 25%) no longer apply • First Nation lands continue to be lands reserved for Indians within the meaning of section 91(24) of the Constitution Act, 1867 (not fee simple lands). • Law making power over lands and resources • Special relationship with the crown is retained

8. Principles of the FA • Legal status and capacity clearly defined • No expropriation of reserve lands by government • Protection of treaty rights or aboriginal rights • Canada continues to be liable for previous acts and omissions (e.g. settlement of land claims).

9. Principles of the FA • A third party interest on reserve is protected – until that interest has expired (e.g. valid leases continue) • An individual band member’s interest is protected on reserve (e.g. valid CP and other legal interests continue) • Local dispute resolution mechanisms are to be developed to the satisfaction of the First Nation community • Matrimonial real property provisions are to be developed by the community • Conflict of Interest provisions are mandatory, ensuring fair land practices

10. Framework Agreement on First Nation Land Management Federal Government First Nation Ratification Process IndividualAgreement First Nations Land Management Act Land Code Framework Agreement on First Nation Land Management

11. FrameworkAgreement Land Code Law-making powers Law-making processes Community consultation Land Protection Administration & Accountability Land Interests Dispute Resolution Individual Agreement Sets out specifics of the transfer of federal authority from the Indian Act to the First Nation Environmental Assessments Attached as schedules Sets out the First Nation funding levels that accompany the transfer Community Ratification Process Membership Votes

12. Community Successes Nipissing First Nation (2010 Labour Survey results) • 35 businesses (40% participation) • Employment – 155 individuals employed • 43 members / 63 Native people / 49 non-Native • $42,808 average or $6.6 million in wage costs • Estimate total 386 jobs @ $16.5 million in employment dollars

13. Community Successes Whitecap Dakota First Nation (2011) • Population 320 members (562 total) • 19 Consecutive unqualified audits • Numerous developments (golf course, casino, heritage trail, etc.) • $100 million capital investment / 700 jobs created / $90 million generated in revenue annually / 1.4 million tourist visits per year • Unemployment reduction – 1993 (67%) / 2011 (5%) • Provincial average 4.7%

14. KPMG Findings • Framework Agreement First Nations are increasing the average annual number of land transactions by a 9% rate as opposed to transactions by First Nations under the Indian Act which are decreasing on average by 1%; and • Framework Agreement provides better circumstances for First Nations to improve their land governance systems and processes (i.e., governance and decision making, facilitation of market opportunities).

15. KPMG Findings • Framework Agreement has contributed to First Nations increasing the number of businesses on reserve, with most new businesses being First Nation member-owned business (increased entrepreneurial activity). • Framework Agreement First Nations are expanding their business development to new and/or different industry areas. • Framework Agreement First Nations are beginning to see a shift in the quality of jobs available on reserve by providing jobs that require higher levels of education (2,000 jobs created).

16. KPMG Findings • Framework Agreement First Nations have experienced increasing internal and external investment in their communities (over $100 million in internal and external investment). • Additionally, this investment occurred in more areas than before (i.e., hard/soft infrastructure, business regeneration/growth, new business).

17. 37 Operational First Nations who have Ratified their Land Codes and are Managing their Reserve Lands and Resources British Columbia • LheidliT’enneh • Westbank* • McLeod Lake • Beecher Bay • Tsawwassen* • Ts’kw’aylaxw • Sliammon • Kitselas • Shxwha:y Village • T’Sou-ke • Squiala • Tsleil-Waututh • Saskatchewan • Muskeg Lake • Muskoday • Whitecap Dakota • Kinistin • Kahkewistahaw • Manitoba • Opaskwayak Cree Nation • Chemawawin • Swan Lake • Ontario • Mississaugas of Scugog Island • Chippewas of Georgina Island • Henvey Inlet • Mississauga First Nation • Nipissing • Whitefish Lake • Anishnaabeg of Naongashiing • Sumas • Songhees • Nanoose • Matsqui • Tzeachten • Leq’ a: mel • Seabird Island • We Wai Kai • Skawahlook • Tsawout

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