FIRST NATION LANDS AND RESOURCE MANAGEMENT Indian Act & Land Code.

FIRST NATIONFIRST NATIONLANDS AND RESOURCE LANDS AND RESOURCE

MANAGEMENTMANAGEMENT

Indian ActIndian Act

&&

Land CodeLand Code

MUSKODAY’S EXPERIENCEMUSKODAY’S EXPERIENCE

►Land management prior to 1978 was Land management prior to 1978 was done completely by the Department of done completely by the Department of Indian Affairs.Indian Affairs.

►We had a land manager from the mid We had a land manager from the mid 1960’s but his role was to do what the 1960’s but his role was to do what the department said.department said.

►Revenues from land rent were collected Revenues from land rent were collected by the Department and permission had by the Department and permission had to be given by INAC to expend our to be given by INAC to expend our money.money.

MUSKODAY’S EXPERIENCEMUSKODAY’S EXPERIENCE

►Muskoday first requested delegated Muskoday first requested delegated authority under section 60 of the authority under section 60 of the Indian Act in 1963.Indian Act in 1963.

►A second request was made in 1968, A second request was made in 1968, but was rejected again.but was rejected again.

►Finally in 1978 through an Order-In-Finally in 1978 through an Order-In-Council the authority was delegated.Council the authority was delegated.

WHAT DID DELEGATED WHAT DID DELEGATED AUTHORITY UNDER SECTION 60 AUTHORITY UNDER SECTION 60

MEAN?MEAN?►Section 60 allowed Muskoday to Section 60 allowed Muskoday to

negotiate and authorize permits, negotiate and authorize permits, subdivide lands, build roads and subdivide lands, build roads and operate farms in the name of the operate farms in the name of the reserve.reserve.

►Section 28(1) had to be addressed. Section 28(1) had to be addressed. ►Section 69 authority was granted and Section 69 authority was granted and

revenues were collected locally and revenues were collected locally and expended without INAC’s permission.expended without INAC’s permission.

WHAT DID DELEGATED WHAT DID DELEGATED AUTHORITY UNDER SECTION 60 AUTHORITY UNDER SECTION 60

MEAN?MEAN?►We showed we could manage lands We showed we could manage lands

more effective than the department.more effective than the department.►Revenues increased by over 200% in Revenues increased by over 200% in

the first 2 years.the first 2 years.

THE LESS POSITIVE SIDE OF THE LESS POSITIVE SIDE OF DELEGATED AUTHORITYDELEGATED AUTHORITY

►Any by-laws the Council wanted Any by-laws the Council wanted enacted had to be approved by the enacted had to be approved by the Minister.Minister.

►Monthly reports had to be submitted to Monthly reports had to be submitted to the INAC.the INAC.

►Agreements sent to the Indian Lands Agreements sent to the Indian Lands Registry were rejected if the Registry’s Registry were rejected if the Registry’s requirements were not met.requirements were not met.

►Registration of agreements took a long Registration of agreements took a long time to get registered.time to get registered.


►Permits are pre-drafted by the Dept. of Permits are pre-drafted by the Dept. of Justice so as to protect the Crown.Justice so as to protect the Crown.

►All permits had to be checked by All permits had to be checked by Indian Affairs before they were Indian Affairs before they were submitted to the Indian Lands submitted to the Indian Lands Registry.Registry.

►All department directives and policies All department directives and policies had to be adhered to.had to be adhered to.


►Permits could only be cancelled by Her Permits could only be cancelled by Her Majesty.Majesty.

► If the Indian Act was violated, the If the Indian Act was violated, the delegation (or as it was called, delegation (or as it was called, “privilege”) could be revoked.“privilege”) could be revoked.

►Section 60 does not promote economic Section 60 does not promote economic development.development.

►Section 60 is mainly used for short Section 60 is mainly used for short term specific land use.term specific land use.


► Long term land uses are usually done by Long term land uses are usually done by leasing.leasing.

► In order to lease under the Indian Act, the In order to lease under the Indian Act, the lands must be surrendered to the Crown by lands must be surrendered to the Crown by way of a referendum.way of a referendum.

► Now the Indian Act allows for the designation Now the Indian Act allows for the designation of lands to be leased under Section 38(2).of lands to be leased under Section 38(2).

► Delegated authority for managing Delegated authority for managing surrendered or designated lands falls under surrendered or designated lands falls under Section 53 of the Indian Act.Section 53 of the Indian Act.


►Land Management under Section 53 Land Management under Section 53 and/or 60 of the Indian Act is not the and/or 60 of the Indian Act is not the management of lands, but rather the management of lands, but rather the management of permits and leases.management of permits and leases.

LANDS AND RESOURCE LANDS AND RESOURCE MANAGEMENTMANAGEMENT

►Land Management under a Land Code Land Management under a Land Code is the management of lands and is the management of lands and resources.resources.

►The Minister of INAC is removed from The Minister of INAC is removed from the day-to-day land management the day-to-day land management decisions.decisions.

►The First Nation is the decision maker The First Nation is the decision maker regarding the management of lands regarding the management of lands and resources.and resources.


► A Land Code sets out the principles, rules A Land Code sets out the principles, rules and structures that apply to First Nation and structures that apply to First Nation lands and resources which the First nation lands and resources which the First nation will exercise their authority.will exercise their authority.

► The Code must be ratified by the The Code must be ratified by the membership. It does not have to be membership. It does not have to be approved by the Minister.approved by the Minister.

► Council may, subject to the terms of the Council may, subject to the terms of the Code, make laws respecting all aspects of its Code, make laws respecting all aspects of its lands.lands.


► Council, not the Minister, approves and enacts Council, not the Minister, approves and enacts land laws.land laws.

► There is a limit on the law making powers of There is a limit on the law making powers of Council. Certain laws and other important Council. Certain laws and other important matters must be approved by the community. matters must be approved by the community. Some examples are:Some examples are: a land use plan;a land use plan; a grant of an interest longer than specified in the a grant of an interest longer than specified in the

Code;Code; a voluntary exchange of land; anda voluntary exchange of land; and any amendment to the Code.any amendment to the Code.


►There are conflict of interest rules that There are conflict of interest rules that apply to Council and anyone who is apply to Council and anyone who is administering land or handling administering land or handling revenues from land.revenues from land.

►The Council is accountable to The Council is accountable to members for management of moneys members for management of moneys and land through audits and financial and land through audits and financial statements presented to members at statements presented to members at an annual meeting.an annual meeting.


►There is a mechanism on reserve to There is a mechanism on reserve to resolve disputes relating to land.resolve disputes relating to land.

►And a Lands Advisory Committee to And a Lands Advisory Committee to advise Council on land matters. e.g. advise Council on land matters. e.g. laws and policies.laws and policies.


►The lands do not have to be The lands do not have to be surrendered or designated for leasing. surrendered or designated for leasing.

►We have our own agreements, drafted We have our own agreements, drafted for our needs, not the government’s.for our needs, not the government’s.

►Agreements are registered in our own Agreements are registered in our own lands registry. A copy is forwarded to lands registry. A copy is forwarded to INAC for their registry.INAC for their registry.


From a personal point of view…From a personal point of view…

Having been Muskoday’s Land Manager for 20 Having been Muskoday’s Land Manager for 20 years, 17 of which was under the dictation of years, 17 of which was under the dictation of the Indian Act, the opportunities for self the Indian Act, the opportunities for self determination under a Land Code are determination under a Land Code are tremendous. No longer do we have to ask tremendous. No longer do we have to ask what we can and cannot do. No longer do we what we can and cannot do. No longer do we have to ask for permission to enjoy the have to ask for permission to enjoy the benefits that arise from our lands and benefits that arise from our lands and resources. resources.


For more information, visit the Resource For more information, visit the Resource Centre’s websiteCentre’s website

www.labrc.com

Questions?Questions?

FIRST NATION LANDS AND RESOURCE MANAGEMENT Indian Act & Land Code.

Documents

Transcript of FIRST NATION LANDS AND RESOURCE MANAGEMENT Indian Act & Land Code.