Links to Learning British Columbia Vancouver December 15-17, 2015

Transcription

1 Links to Learning British Columbia Vancouver December 15-17, 2015

2 Sheila Craig Manager, Lands Modernization Indigenous and Northern Affairs Canada John Makson Manager West Angie Derrickson Lands First Nations Technician Land Management Resource Centre

3 The Framework Agreement on First Nation Land Management is a conscious effort to shed the legacy of the Indian Act land provisions, practices, policies and procedures.

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5 SUCCESS STORIES I want to share a few success stories. The Lands Advisory Board and the Resource Centre share the pride felt by each of these communities. Each community has furthered their economic, social, and spiritual health.

6 Vote Date: December 7, 2009 HENVEY INLET FIRST NATION Pickerel, Ontario

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10 Vote Date: September 13, 2010 SWAN LAKE FIRST NATION Swan Lake, Manitoba

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16 Vote Date: November 7, 2003 WHITECAP DAKOTA FIRST NATION Whitecap, Saskatchewan

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21 Vote Date: September 11, 2007 SQUIALA FIRST NATION Chilliwack, British Columbia

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25 A&W Affinity Oral Care Bank of Montreal Bell Mobility Booster Juice Brown s Social House Carl s Jr. Cineplex CitiFinancial Dollar Tree Eagle Landing Liquor Store Easyhome Five Guys Burger and Fries GNC Great Clips Home Depot Kal Tire Kuro Restaurant Life Labs LubeX Nice One Nails Original Joes Oxygen Yoga & Fitness Papa John s Petsmart Picasso Hair Design Shell Starbucks Subway Swiss Chalet Taco Del Mar The Source Tim Hortons Tom Harris Cellular Tommy Guns Original Barbershop Walmart West Coast Dental Westland Insurance Yumi s Frozen Yoghurt

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27 Vote Date: June 3, 2003 WESTBANK FIRST NATION Kelowna, British Columbia

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34 This First Nationconceived Framework Agreement has expanded from the original 14 First Nations signatories in 1996 to 118 First Nations signatories in First Nations have now ratified their Land Codes. 34 Land Codes have been voted on successfully in BC

35 THE DEVELOPMENT PROCESS

36 Chief and Council Role Chief and Council are active in key areas of the developmental process In order to complete the ratification process within the twenty-four month timeline (or sooner), political will is essential

37 Land Code Development Committee Role Most First Nations establish a Land Code development committee to be responsible for developing the draft Land Code. A Land Code committee is usually composed of members who represent the diversity of the community, the different families, elders, youth, men, women, on and off reserve members.

38 Lands Coordinator/Assistants Role The Lands Coordinator Role is one of the most important contributing factors to the success of the First Nation ratifying a Land Code. The Coordinator should possess some of the following the qualities: strong project management skills, project planning, and not necessarily someone who would

39 Community understanding, involvement and support are essential. involved in the land code process. At the end of the day, each eligible community member votes to take on land management, and to be involved in the future.

40 A First Nation Land Code is a major step toward self-autonomy by taking control and assert jurisdiction over their reserve lands and resources. A First Nation with a Land Code in place has recognition and federal level powers over land and resource management. It has the power to make laws and responsive decision making. Ultimately, a Nation sets out the rules and procedures for a lands-based constitution that will replace 25% of the Indian Act. The Land Code is the framework that all aspects of future management is born from. 40

41 LAND CODE A Land Code will be the basic land law of the First Nation and will replace the land administration provisions of the Indian Act. The Land Code will be drafted by the First Nation and, in accordance with the Framework Agreement, will make provision for the following: identify the reserve lands to be managed by the First general rules and procedures for the use and occupation of these lands by First Nation members and others

42 LAND CODE financial accountability for revenues from the lands (except oil and gas revenues, which continue under federal law) Process for making and publishing First Nation land laws conflict of interest rules community process to develop rules and procedures applicable to land on the breakdown of a marriage

43 LAND CODE dispute resolution process procedures by which the First Nation can grant interests in land or acquire lands for community purposes delegation of land management responsibilities, and process for amending the Land Code.

44 INDIVIDUAL AGREEMENT An Individual Agreement, negotiated between the First Nation and Canada, will address such matters as: LAND DESCRIPTION REPORT Identifies land known to be reserve status that will be managed by the First Nation The LDR does not resolve or prejudice any claim of the First Nation to any other lands, or to any proper adjustment to the boundaries, and serves the sole purpose of administrative implementation of the Framework Agreement.

45 INDIVIDUAL AGREEMENT The specifics of the TRANSFER OF THE ADMINISTRATION of reserve land from Canada to the First Nation, such as: The active land interests registered by Canada that are to be managed by the First Nation The transfer of revenues An interim environmental assessment process The FUNDING provided by Canada to the First Nation for land governance. The WORK PLAN will identify any outstanding land title issues that will be resolved after the Land Code and Individual Agreement become operational.

46 INDIVIDUAL AGREEMENT ENVIRONMENTAL SITE ASSESSMENT (ESA) An ESA Phase 1 is prepared as part of the Individual Agreement negotiation process If there is an existing environmental problem on a reserve before the Land Code takes effect, the Framework Agreement states that Canada continues to be responsible for the problem and liable for any of its actions or omissions that may have caused the problem Before bringing a reserve under its Land Code, a First Nation is entitled to full disclosure on any environmental problem from Canada.

47 THE COMMUNITY RATIFICATION PROCESS The procedure for the community ratification process is developed by the community in accordance with the Framework Agreement. This process is set out in a separate document indicating all of the vote based activities, roles and responsibilities. Ultimately, members make the decision to opt out of the land management sections of the Indian Act by ratifying the Framework Agreement. The First Nation voters, both on and off reserve, cast their ballot to accept the Land Code and the Individual Agreement.

48 LAND CODE COMMUNICATIONS In order for a First Nation to assume control over its lands, the Land Code and the Individual Agreement must be voted on and approved by the First Nation members. In order to ensure informed decision making, as required by the Framework Agreement, a First Nation must attempt to locate all the voting members. A variety of strategies for communicating to the members has been tried, with much success, though the best approach is a simple approach.

49 Magnetawan First Nation celebrating a successful vote on June 20, 2015

50 RATIFICATION VOTE The Land Code and Individual Agreement are considered approved by the community if: A majority of voters participate & at least a majority of the participating voters vote to approve them; or The First Nation registers all eligible voters who intend to vote, and a majority of the registered voters vote to approve them. However, in all cases, the Land Code and Individual Agreement must be approved by not less than 25% plus one of all eligible voters vote to approve them.

51 LAND CODE IMPLEMENTATION

52 START-UP & CAPACITY BUILDING STAFFING: Lands Staff, who and when to phase in Succession Planning and Project Management (Land Use Plan, Zoning regulations, Environmental Management Planning, Community Engagement) Coordination with Administration and key departments/economic Development Corp.

53 STAFFING: START-UP & CAPACITY BUILDING Lands Manager Registry Clerk GIS Technician Enforcement Officer/ Lands Compliance Officer Environmental Specialist Finance Clerk Natural Resources Manager/Technical Support/Enforcement Officer/Biologist Housing

54 START-UP & CAPACITY BUILDING There are professional and expert advisors that can assist in setting up your land governance operations: Expert Advisors Environmental Consultant Legal Advisor Canada Land Surveyor GIS Information Systems

55 START-UP & CAPACITY BUILDING Orientation, On-going Support and Resources: First Nations Land Management Resource Centre Technicians Environmental Consultant Legal Advisor Canada Land Surveyor Operational First Nations Information sharing, tours, advice INAC FNLRS Individual Agreement work plan

56 FRAMEWORK AGREEMENT ON FIRST NATIONS LAND MANAGEMENT: FUNDING

57 FUNDING The Lands Advisory Board, in consultation with First Nations, negotiates the funding method with Canada: Transitional and Environmental funding (2 years): 1 st payment of $75,000 upon enactment of Land Code 2 nd payment of $75,000 the year after Three tiers of Operational funding levels (year to year): Tier 1 - $204,536 Tier 2 - $251,636 Tier 3 - $317,386

58 FUNDING Operational First Nations have sole discretion to determine how to use the funding provided to meet land and environmental governance and management responsibilities. There is no INAC reporting requirement, however First Nations must report to their members in an annual report and meeting. Funding is negotiated for a maximum term of five years at a time and includes provisions for its amendment and renegotiation.

59 Interested: BCR and AQ First Nation BCR- expressing FN interest to sign an adhesion to the Framework Agreement (*has been completed by all three communities*) the completion of a new Assessment Questionnaire* will need to be provided to the BC regional AANDC Office or the Lands Advisory Board

60 *Assessment Questionnaire AANDC overhauled the selection process for FN to enter into the FNLM regime A prioritization tool was established to create a list of First Nation entrants into the Regime. The tool is divided into 3 sections to have First Nations assess their own readiness and to help the Department prioritize entrance Focus is on governance capacity, land management experience and economic development (planned or demonstrated)

61 SUCCESS INDICATORS FOR LAND MANAGEMENT

62 The 2010 KPMG data indicated: Attracted $53 million overall investment from member-owned enterprises Attracted $100 million overall investment from third parties businesses Provided more than 2,000 employment opportunities for band members, and Provided more than 10,000 employment opportunities for non-members, pumping hundreds of millions of dollars into local economies

63 2010 KPMG FINDINGS: The Framework Agreement is impacting economic development efforts on reserve land: The 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.

64 2010 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 The 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).

65 2010 KPMG FINDINGS Framework Agreement First Nations have experienced increasing internal and external investment in their communities ($101M in investment, approx., all identified by a sample of 17 Framework Agreement First Nations) Additionally, this investment occurred in more areas than before (i.e., hard/soft infrastructure, business regeneration/growth, new business)

66 2014 KPMG BENEFITS REVIEW REPORT In a 2014 analysis, KPMG reaffirmed the findings of its 2010 study on the FA costs and benefits to Canada. An order of magnitude amount of internal and external investment achieved by all 32 operational First Nations participating at the time of this study is $270M. Case studies are underway now.

67 2014 KPMG BENEFITS REVIEW REPORT Land management activities under the Framework Agreement are: Faster Strengthening FN values & vision Protecting FN legal interests Providing more flexibility, better lease terms for the FN, & better accountability of third Providing better relationships with financial institutions & the ability to borrow for capital investments Facilitating more consistency with the FN Land Use Plan Increasing the level of interest & participation of Members, as well as awareness of Community issues Increasing both internal investment & external investment

68 Land management activities under the Framework Agreement are: Facilitating more consistency with the First Nation Land Use Plan Increasing the level of interest and participation of members, as well as awareness of Community issues Increasing both internal investment and external investment These independent KPMG studies are available on the website.

69 None of the First Nations surveyed in 2009 or 2013 reported a desire to revert back to the Indian Act.

70 CHI-MIIGWECH