Framework Agreement on First Nations Land Management Proven Results

1. Framework Agreement on First Nations Land ManagementProven Results Presentation to the Assembly of First Nations Montreal, Quebec Monday November 8, 2010

2. Framework Agreement of First Nation Land Management • The guiding document; federal legislation ratifies the Agreement for Canada • A government-to-government arrangement signed in 1996 • Initially negotiated between 14 First Nations and Canada; now expanded to include 58 signatory First Nations • Sets out the governance powers that will be transferred to the First Nation (1. Manage lands and Resources; 2. Make Laws; 3. Administer Laws; & 4. Enforce Laws) • Sets out the process for the transfer of control from Canada • The First Nations’ authority to govern lands and resources is inherent and recognized • Agreement cannot be amended without the consent of the First Nations

3. First Nation Land Management Act • The First Nation Land Management Act was enacted by Parliament in June, 1999; • The federal law that ratifiesand brings into effect the Framework Agreement • The First Nation Land Management Act cannot be unilaterally amended by Canada without First Nations first amending the Framework Agreement • Wording must be consistent with the Framework Agreement

4. Land Code • The First Nation law that ratifies the Framework Agreement for the First Nation; • Developed by the First Nation subject to the Framework Agreement; and • Sets out the First Nations powers and obligations for reserve land management;

5. Framework Agreement on First Nation Land Management First Nation Federal Government Land Code IndividualAgreement Ratification Process First Nations Land Management Act Bill C-49 Framework Agreement on First Nation Land Management

6. Role of the Lands Advisory Board (LAB) and the Resource Centre Lands Advisory Board • Elected Political body comprised of 10 Board Members + the Chairman • Representing 3 regions in Canada (BC, Prairies, East) • Supports First Nations in accordance with the Framework Agreement 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 operational and developmental communities

7. Current Developmental First Nations 2010 - 2011 ON • Alderville • Anishinaabeg of Naongashiing • Dokis • Chippewas of Kettle & Stony • Rama Mnjikaning MB • Buffalo Point SK • Pasqua • Kahkewistahaw AB • Fort Mckay BC • Squamish • Musqueam • SnawNaw As (Nanoose) • Sumas • Campbell River • Songhees

8. Operational First Nations who have Ratified their Land Codes and are Managing their Reserve Lands and Resources • SK • Muskeg Lake • Muskoday • Whitecap Dakota • Kinistin • MB • Opaskwayak Cree Nation • Chemawawin • Swan Lake • ON • Mississaugas of Scugog Island • Chippewas of Georgina Island • Henvey Inlet • Mississauga First Nation • Nipissing • Whitefish Lake BC • LheidliT’enneh • Westbank* • McLeod Lake • Beecher Bay • Tsawwassen* • Ts’kw’aylaxw • Sliammon • Kitselas • Shxwha:y Village • T’Sou-ke • Squiala • Tsleil-Waututh • Matsqui • Tzeachten • Leq’ a: mel • Seabird Island • We Wai Kai • Skawahlook • Tsawout * Denotes communities now operating under self-government agreement or treaty

9. First Nations who are Awaiting Entry to the Framework Agreement • Approximately 74 communities have submitted BCRs expressing interest in becoming signatories; and • The LAB is optimistic the Minister will open the Framework Agreement to new First Nations effective April 2011.

10. Benefits From Community Developed Land Code • First real recognition of First Nations inherent right to manage their own reserve lands and resources; • Removal of First Nation reserve lands from the administrative provisions of the Indian Act; • Lands continue to be “reserves” protected under Section 91(24) of the Constitution Act; • Reserve lands cannot diminish in size and are protected for future generations • Protection against any provincial or federal expropriation of First Nation land except in a national emergency; • A First Nation developed Registry system that is: • Paperless • Instant • Priority Based • Backed by Regulation not policy • Developed with the input of Financial institutions (RBC, CBA) • Allows for title insurance

11. Benefits From Community Developed Land Code • Recognition of real law-making powers respecting the First Nation; • Ability to reflect First Nation Traditions in the Land Code • Community control over land governance and economic development • More efficient management of First Nation reserve lands (i.e. a lease arrangement under the Framework Agreement takes 1 month as opposed to 12-24 months under the Indian Act [KPMG]); • Greater ability to take action on business opportunities, GOC approval not required • Significantly less transaction costs • Supports the establishment of clear, transparent rules for the protection and development of reserve lands • Ability to create local dispute resolution processes

12. KPMG Findings First Nations are able to complete land transactions more efficiently than Canada; First Nations can do the job for less cost than Canada; 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).

13. KPMG Findings • Framework Agreement is impacting economic development efforts on reserve land: • Framework Agreement has contributed to First Nations increasing the number of business 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).

14. 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).

15. Auditor General’s Report – Fall 2009 Recommended that the government should: “ensure that First Nations who are ready and who want greater autonomy over their land management can access.... the First Nations Land Management Act regime.” (Fall 2009 Report of the Auditor General of Canada, Chapter 6, Land Management and Environmental protection on Reserves; Office of the Auditor General of Canada, Ottawa, Canada – page 11. Paragraph 6.34)

16. For further information visit our website www.labrc.com

17. Thank You Questions?