MULTI-YEAR STRATEGI USINESS PLAN2018/06/08 · MULTI-YEAR STRATEGI USINESS PLAN FIRST NATIONS LANDS...

LAB and FNLMRC – Strategic Business Plan 2018-2023

JUNE 2018 – MARCH 2023

MULTI-YEAR STRATEGIC BUSINESS PLAN

FIRST NATIONS LANDS ADVISORY BOARD

AND

FIRST NATIONS LAND MANAGEMENT RESOURCE CENTRE INC.

This update: June, 2018

LAB and FNLMRC – Strategic Business Plan 2018-2023 ii.

FOREWORD The Strategic Business Plan is a “living document”, which is updated from time to time by the First Nations Lands Advisory Board (LAB) and the First Nations Land Management Resource Centre (Resource Centre) to maintain direction and momentum.1

1. Historic Beginning in 1996 The Framework Agreement on First Nation Land Management [Framework Agreement] is a historic arrangement that was signed by 14 First Nations and Canada in 1996. First Nations, had jurisdiction over their lands since time immemorial, long before the Indian Act was imposed without consent. The momentum behind the Framework Agreement is a desire to shed the colonial relationship with Canada and the “one size fits all” governance over reserve lands and natural resources. It seeks instead, to replace 33 provisions of the Indian Act with First Nation designed and ratified Land Codes. The Framework Agreement implementation for the first 3 communities (Chippewas of Georgina Island, the Mississaugas of Scugog Island First Nation, and Muskoday First Nation) in Canada officially started on day one of the new millennium --January 1, 2000.

2. Additional Signatories Although the Framework Agreement was initially intended only for the original 14 First Nation signatories, other First Nations began passing resolutions seeking the same opportunity to opt out of a 25% of the Indian Act. By March 2001 there were 21 First Nations on a “waiting list.” It was clear that both the LAB and Canada shared the same inclination that the Framework Agreement be amended so that more First Nations could have the same opportunity to resume jurisdiction over their reserve lands and natural resources. The LAB and original signatories intended that the inherent right to resume jurisdiction over reserve lands and natural resources should be an option for all First Nations. Hence, Canada and the LAB began to facilitate new signatories to the Framework Agreement: ➢ 21 First Nations in 2003; ➢ 23 First Nations in 2008, from a waiting list of 68 interested First Nations; ➢ 26 First Nations in 2013, from a waiting list that had expanded to 83 interested First Nations; ➢ 28 First Nations in 2015, from a waiting list of 47 interested First Nations; ➢ 6 First Nations in 2015, and ➢ 10 First Nations in 2016, from a waiting list of 66 interested First Nations.

1 The initial draft of the 2016-2023 strategic business plan was the first comprehensive update since June, 2014. This draft reflects the directions established by the LAB in March, 2015, which were confirmed by the operational First Nations at the LAB AGM in November, 2015, and further revised in November, 2016 and September, 2017. The details for implementation of these directions, as suggested for internal discussion in this draft plan, are subject to detailed review and amendment by the LAB, with the advice and support of the RC.

LAB and FNLMRC – Strategic Business Plan 2018-2023 iii.

➢ 21 First nations in 2017 and a waiting list of 57 First Nations; and ➢ 5 First Nation in 2017 and a waiting list of 54 First Nations As a result, the number of Framework Agreement signatories has grown from the original 14 First Nations in 1996 to the current 154 as of October, 2017. Three of these signatories – Westbank First Nation, Tsawwassen First Nation and Sliammon First Nation in British Columbia – ratified their Land Codes then progressed to full self-government and treaty respectively. There continues to be significant demand by other First Nations to become signatory to the Framework Agreement.

3. Partnership with Canada The Framework Agreement has been a partnership initiative of signatory First Nations, the

LAB and Canada for over twenty-years. The LAB first engaged Canada in 1990 on discussions

for First Nations to reclaim jurisdiction over their reserve lands and natural resources. The

Framework Agreement was first signed in 1996, Canada then enacted the First Nations Land

Management Act (“FNLMA) which ratified the Framework Agreement in 1999. Through

subsequent amendments to enhance the implementation of the Framework Agreement, the

LAB and Canada have found that success depends upon maintaining a dynamic inter-

governmental partnership based on mutual respect for jurisdiction and responsibility.

The LAB’s partnership with a succession of federal ministers and their senior officials was and continues to be dedicated to assisting First Nations achieve their vision of self governance. The success of the Framework Agreement would not be possible without ongoing financial and policy support by Canada.

4. LAB and Resource Centre (RC) Strategic Plan and Multi-Year Funding In order to fulfil its responsibilities under the Framework Agreement to all First Nation signatories and Canada, the LAB and RC undertook substantial research, analysis and planning to develop a Strategic Business Plan for the fiscal period April 1, 2014 to March 31, 2017. Implementation of the initial Plan has assisted the signatories across Canada to resume exercising jurisdiction over their reserve lands and natural resources, thereby laying the foundation for successful economic development, jobs and financial opportunities. This update and extension of the Strategic Business Plan to 2023 provides a road-map for continuing progress.

LAB and FNLMRC – Strategic Business Plan 2018-2023 iv.

EXECUTIVE SUMMARY

1. Scope of the Strategic Business Plan

The LAB and Resource Centre Strategic Business Plan:

➢ Summarizes the parameters within which these two inter-related organizations operate: Mission,

Mandate and Goals to March 31, 2023;

➢ Outlines the elements of the Business Strategy;

➢ Articulates the approach to implementing the Business Strategy through the Resource Centre

Organizational Structure;

➢ Summarizes the Management Control and Accountability Structure, which includes the Emergency /

Business Continuity Plan;

➢ Identifies the Workload Drivers which need to be accommodated through the Strategic Business Plan

and corresponding Work Plan;

➢ Summarizes the Strategic Situation Analysis through which Strategic Risks and Strategic Priorities have

been identified;

➢ Identifies the primary Strategic and Risk Mitigation Initiatives to be pursued; and

➢ Provides the context for defining high level Targets and Milestones for implementation of the

Strategic and Risk Mitigation Initiatives over the planning period June 2018 to March 2023

2. LAB Mission Statement

The responsibilities of the LAB are prescribed by the Framework Agreement and ratified by the FNLMA. The LAB mission statement can be summarized as -- “First Nations working together to resume jurisdiction over reserve lands, environment and natural resources.” The LAB mandate includes but is not limited to:

• Policy and planning at the political level;

• Intergovernmental relations/meetings with Canada, Parliament, provincial, regional and

municipal governments, financial institutions, etc., to implement the spirit, intent and meaning

of the Framework Agreement;

LAB and FNLMRC – Strategic Business Plan 2018-2023 v.

• When requested, attendance at conferences and other public gatherings directly relevant to the

promotion and awareness of the Framework Agreement

• When requested by a First Nation, attending community meetings and/or providing high level

political and strategic advice to Chiefs and Councils in the developmental phase and those

operating under a ratified land code

• When requested, providing advice to First Nations seeking entry into the Framework

Agreement; and

• Political advocacy with signatory First Nations related to the fulfillment of FA responsibilities

such as the negotiation of operational funding and FA/FNLMA amendments.

3. Resource Centre Mission Statement

The LAB established the Resource Centre to discharge the LAB’s technical responsibilities under the Framework Agreement, one of which is to arrange the terms of comprehensive funding arrangements with CIRNA. The Resource Centre mission statement can be summarized as -- “Supporting First Nations to exercise their Inherent Right to govern their Lands, Environment and Resources.” The roles of the LAB and the Resource Centre are inextricably linked. The Resource Centre roles include

but are not limited to:

➢ Policy, planning and administration at the technical level;

➢ Intergovernmental relations with federal, provincial, regional and municipal government organizations

to implement the technical aspects of the Framework Agreement

➢ Support to operational First Nations implementing their Community Land Code, including the transitional period that ranges from several months to several years after opting out of the Indian Act. Areas of advice and support can include capacity building, legal, environmental, enforcement, land use planning, communications, law creation as well as best practices

➢ Funding and Field Support to First Nations in achieving Implementation Document (ID) milestones,

including, among other activities, developing the Land Code, assisting with communications,

completing ESA Phase I, Boundary Description Reports, Individual Agreement finalization and the

ratification vote

➢ Technical advice to First Nations seeking to become new signatories to the Framework Agreement.

LAB and FNLMRC – Strategic Business Plan 2018-2023 vi.

4. Framework Agreement Implementation Goal to 2023

All of the current signatories in the First Nations Community ratification process will have the opportunity

to complete the Community vote process. If they ratify their Land Codes and Individual Agreements with

Canada, the number of operational First Nations will increase accordingly, significantly augmenting the

Resource Centre’s operational community support function. The anticipated adherence of additional First

Nations to the Framework Agreement over the next several years is expected to increase the demand for

Resource Centre services; a key operational goal is to enhance the RC capacity to serve additional First

Nations on a sustainable basis.

5. Key Elements of the LAB’s Business Strategy to 2023

Key elements of the LAB’s business strategy include:

➢ Continuing to partner with Canada for the benefit of First Nations resuming jurisdiction over their

reserve lands, environment and natural resources;

➢ Strengthening the capacity of the Resource Centre to ensure that the LAB fulfills its technical

responsibilities to all Framework Agreement signatories;

➢ Partnering with Canada to continue to accommodate additional First Nation signatories to the

Framework Agreement;

➢ Continuing to build and disseminate a “Common Body of Knowledge“ for efficient and effective land

governance;

➢ Maintaining adaptability and flexibility in responding to the support requests from all signatory First

Nations; and

➢ Supporting amendments to the Framework Agreement and FNLMA that reflect the needs of the

growing number of signatory communities. Other changes include adjusting Verifier roles, streamlining

voting procedures, making sure vote thresholds are fair and consistent, clarifying environmental

management and enforcement authorities of operational First Nations and removing other ineffective

and/or outdated provisions.

6. Resource Centre Structure

The Resource Centre continues to adapt its organization structure and operating processes to:

➢ Streamline and expand support services provided by Resource Centre staff, in response to the

increasing number of signatory First Nations;

LAB and FNLMRC – Strategic Business Plan 2018-2023 vii.

➢ Enhance professional standards and conduct of its predominantly Indigenous staff

7. Management Control and Accountability

The LAB and Resource Centre management control and accountability frameworks are unique:

• Accountability to First Nations is through the LAB, which is elected by the operational First Nations

on a regional basis;

• An Emergency/Business Continuity Plan is maintained to ensure continuity of service to First

Nations; and,

• Accountability to First Nations for the effective use of financial resources invested by Canada for

implementation of the Framework Agreement.

8. Strategic and Risk Mitigation Initiatives

The Strategic Situation Analysis of risk factors and opportunities has identified Strategic and Risk

Mitigation Initiatives, which will address the Strategic Priorities and mitigate any significant risks.

Strategic and Risk Management Initiatives

1 Update the Framework Agreement and the FNLMA, as appropriate, through amendment.

2 The LAB and Resource Centre will continue to advocate for, facilitate and support implementation of the Framework Agreement through effective partnerships with the signatories, at both political and administrative levels.

3

The LAB and Resource Centre will enhance the potential benefits of the Framework Agreement to First Nations and Canada through effective relationships and communication with Parliament, the Government of Canada, other orders of government, other sectors of Canadian society and the general public.

4

The LAB and Resource Centre will assume additional responsibilities (e.g., equitable allocation and administration of land governance and environmental management funding to First Nations), as mandated by the signatory First Nations, to the extent required to maintain the integrity of the Framework Agreement and sustain effective First Nations governance and management of reserve lands and natural resources.

LAB and FNLMRC – Strategic Business Plan 2018-2023 viii.


5 The LAB will advocate for appropriate terms and conditions for the five-year renewal of the federal funding authority for implementation of the Framework Agreement in the context of a government-to-government relationship that can accommodate an increasing number of First Nations on a sustainable basis (including an appropriate method for funding First Nations).

9. Future Considerations: Further Expansion of the Framework Agreement to

Include Additional New Entrants before March 2023

The growing success of Framework Agreement First Nations is continues to stimulate interest from other

First Nations. The LAB is committed to working closely with Canada to consider various scenarios and

fiscal arrangements for adding 50 more signatories to the Framework Agreement before March 2023.

First Nations can attain their ultimate goal of self-sufficiency by resuming jurisdiction over their reserve

lands and associated natural resources. The LAB will continue to support the principle that every First

Nation should have the opportunity provided by the Framework Agreement to consider opting out of

the Indian Act and resuming its jurisdiction.

As the LAB and Canada decide on the pace of expansion of the Framework Agreement to 2023, the LAB

Strategic Business Plan, the Work Plan and the multi-year funding arrangement will need to be

periodically re-visited to ensure that the LAB and Resource Centre have the necessary resources to

effectively support current and additional First Nations.


TABLE OF CONTENTS

Title Page No.

FOREWORD .............................................................................................................................................. II

1. HISTORIC BEGINNING IN 1996............................................................................................................... II

2. ADDITIONAL SIGNATORIES..................................................................................................................... II

3. PARTNERSHIP WITH CANADA ........................................................................................................................... III

4. LAB AND RESOURCE CENTRE (RC) STRATEGIC PLAN AND MULTI-YEAR FUNDING ......................................... III

EXECUTIVE SUMMARY ...................................................................................................................... IV

1. SCOPE OF THE STRATEGIC BUSINESS PLAN .............................................................................................. IV

2. LAB MISSION STATEMENT ................................................................................................................... IV

3. RESOURCE CENTRE MISSION STATEMENT ................................................................................................ V

4. FRAMEWORK AGREEMENT IMPLEMENTATION GOAL TO 2023 ................................................................... VI

5. KEY ELEMENTS OF THE LAB’S BUSINESS STRATEGY TO 2023 ..................................................................... VI

6. RESOURCE CENTRE STRUCTURE............................................................................................................. VI

7. MANAGEMENT CONTROL AND ACCOUNTABILITY............................................................................................. VII

8. STRATEGIC AND RISK MITIGATION INITIATIVES........................................................................................ VII

9. FUTURE CONSIDERATIONS: FURTHER EXPANSION OF THE FRAMEWORK AGREEMENT TO INCLUDE ADDITIONAL

NEW ENTRANTS BEFORE MARCH 2023 .............................................................................................................. VIII

TABLE OF CONTENTS ........................................................................................................................... I

LAB MISSION: “FIRST NATIONS WORKING TOGETHER TO RESUME JURISDICTION

OVER RESERVE LANDS, ENVIRONMENT AND NATURAL RESOURCES............................ 1

SIGNIFICANCE OF THE FRAMEWORK AGREEMENT FOR FIRST NATIONS’ JURISDICTION .................................................... 1

RESOURCE CENTRE IS THE TECHNICAL ARM OF THE LAB ........................................................................................... 3

LAB AND RESOURCE CENTRE MANDATED ROLES UNDER THE FRAMEWORK AGREEMENT ............................................... 3

DESCRIPTIONS OF MANDATED ROLES .................................................................................................................... 5

A. LAB AND RESOURCE CENTRE POLICY, PLANNING AND ADMINISTRATION ....................................... 5

B. INTERGOVERNMENTAL RELATIONS ................................................................................................ 5

C. LAB AND RESOURCE CENTRE SUPPORT TO OPERATIONAL FIRST NATIONS IMPLEMENTING THEIR

COMMUNITY LAND CODE ............................................................................................................... 6

TRANSITION TO FIRST NATION LAND AND RESOURCE GOVERNANCE ................................................................... 6

ONGOING SUPPORT FOR OPERATIONAL FIRST NATIONS ................................................................................... 7

D. LAB AND RESOURCE CENTRE SUPPORT TO FIRST NATIONS IN THE COMMUNITY RATIFICATION

PROCESS .......................................................................................................................................... 8

E. LAB AND RESOURCE CENTRE SUPPORT TO FIRST NATIONS ON THE WAITING LIST ......................... 9

FRAMEWORK AGREEMENT IMPLEMENTATION GOAL TO 2023 .......................................... 10

TARGETS TO 2023 IN PURSUIT OF ULTIMATE GOALS OF THE FRAMEWORK AGREEMENT .............................................. 10 ELEMENTS OF THE LAB’S BUSINESS STRATEGY ...................................................................... 13

CONTINUING TO BUILD AND DISSEMINATE A COMMON BODY OF KNOWLEDGE .......................................................... 13 ORGANIZATION AND STAFFING .................................................................................................. 16

ORGANIZATION STRATEGY ................................................................................................................................. 16

ORGANIZATION STRUCTURE OF THE LAB .............................................................................................................. 16

ORGANIZATION STRUCTURE OF THE RESOURCE CENTRE .......................................................................................... 17

PERSONNEL PROFILE ......................................................................................................................................... 18


THE LAB ................................................................................................................................................. 18

THE RESOURCE CENTRE ............................................................................................................................. 18

MANAGEMENT CONTROL AND ACCOUNTABILITY FRAMEWORK ................................. 19

ACCOUNTABILITY TO FIRST NATIONS THROUGH THE LAB ........................................................................................ 19

ACCOUNTABILITY OF THE RESOURCE CENTRE ................................................................................................ 19

CONTRACTUAL ACCOUNTABILITY......................................................................................................................... 20

EMERGENCY / BUSINESS CONTINUITY PLANNING ................................................................................................... 20

ADVANTAGES OF A GEOGRAPHICALLY DISTRIBUTED ORGANIZATION ................................................................. 20

DATA SECURITY AND BUSINESS CONTINUITY ................................................................................................. 21

WORKLOAD DRIVERS ........................................................................................................................ 22

IMPLICATIONS FOR THE AGGREGATE WORKLOAD OF THE LAB AND THE RESOURCE CENTRE.......................................... 22

RISK ANALYSIS ................................................................................................................................................. 24

STRATEGIC AND RISK MITIGATION INITIATIVES ...................................................................................................... 27

TARGETS AND MILESTONES ........................................................................................................... 29

ALLOCATION OF ROLES AND RESPONSIBILITIES FOR THE STRATEGIC AGENDA .............................................................. 31

FUTURE CONSIDERATIONS – A VISION TO REALIZE THE POTENTIAL OF THE

FRAMEWORK AGREEMENT TO 2023 .............................................................................................. 33 APPENDIX A .............................................................................................................................................. 1 AUTHORITIES AND REFERENCES .................................................................................................... 1

FRAMEWORK AGREEMENT ON FIRST NATION LAND MANAGEMENT ........................................................................... 1

FIRST NATIONS LAND MANAGEMENT ACT .............................................................................................................. 1

MANDATED ROLE ............................................................................................................................................... 1

LAB AND RESOURCE CENTRE ROLES AND RESPONSIBILITIES UNDER THE FRAMEWORK AGREEMENT ....... 1

LAB and FNLMRC – Strategic Business Plan 2016-2023 1.

LAB MISSION: “FIRST NATIONS WORKING TOGETHER TO RESUME

JURISDICTION OVER RESERVE LANDS, ENVIRONMENT AND NATURAL

RESOURCES

Significance of the Framework Agreement for First Nations’ Jurisdiction In 1998, Steven Cornell and Joseph P. Kalt published their fundamental study on “Sovereignty and Nation-Building”. In it, they concluded that the “evidence is mounting that successful [First Nations], whether in gaming or skiing or timber or manufacturing or some other activity, can make important contributions to local, regional and national economies”2. While the two authors were writing about the indigenous communities in the United States, their findings can easily be extended to the First Nations of Canada. In the study, they identified the achievement of “Authority to Govern” and the development of “Effective Community-based Institutions” as essential building blocks for successful indigenous communities, as illustrated in their diagram below. In Canada, the LAB and Resource Centre play key roles in assisting First Nations to resume this “authority to govern” through the process specified in the Framework Agreement; and in building the “effective Community-based institutions” required to pursue their unique values and aspirations through jurisdiction over reserve lands and natural resources.

Effective First Nations Community Government

Decisions/Action

Strategic Direction

Effective Community-

based Institutions

Practical Power and

Authority to

Govern

The “Building Blocks”

of Development

Diagram adapted from Cornell & Kalt, “Sovereignty and Nation-

building: The Developmental Challenge in Indian Country Today”,

American Indian Culture and Research Journal, 22:3, 1998, 187-214

Achieved by transitioning from Indian Act land management through the Framework Agreement

LAB supports development and strengthening of community land governance capacity

2 Stephen Cornell and Joseph P. Kalt. “Sovereignty and Nation-Building: The Development Challenge in Indian Country Today”.

In American Indian Culture and Research Journal. Volume 22. Number 3. pp. 187 – 214. 1998.


Several research studies on the impact of the Framework Agreement on the operational First Nations have identified significant benefits:

• Immediate improvements upon resuming First Nations control of land governance (KPMG, 2013): – Land governance control – Level of interest of First Nation members in land management – Increased awareness of community issues

• Improvements in land transactions (KPMG, 2013):

– Protecting community values for development – Protecting community legal interests – Lease terms – Flexibility – Accountability for third parties

• “Across all of the [7] case studies, First Nations identified they are better equipped to make

decisions at a local level as a result of their land Code and this has increased Community

confidence and readiness to embark on increasingly larger and more innovative projects.”

“… These First Nations…can cite progress in economic activity, cultural / heritage

initiatives and environmental accomplishments.”

“ The Framework Agreement and a First Nations Land Code remain a relevant and

important piece of their governance framework to facilitate growth, opportunity and

sustainability of their communities.” (KPMG, 2015)

• “Under the best estimate scenarios for each case study, the Framework Agreement provides a

positive net return to Canada of between $270 million and $1.4 billion (depending on the discount

rate used), modelled under the anticipated lifetime of the projects considered under the Partial

Benefit-Cost Study. The five successful projects alone may generate profits from $270 million to

$1.4 billion over and above the entire Framework Agreement costs, plus the costs of building and

running these five projects, over their assumed lifetimes.”(KPMG, 2016)


The LAB Facilitates the Implementation of the Framework Agreement

The responsibilities of the LAB on behalf of all signatory First Nations are prescribed by the Framework

Agreement as ratified by the First Nations Land Management Act (“FNLMA”). The attached Appendix A

summarizes the relevant “Authorities and References.”

Resource Centre is the Technical Arm of the LAB

For technical and administrative purposes, the LAB created a Finance Committee as its Executive Committee charged with day-to-day responsibility for LAB operations. The Finance Committee determined that it would be consistent with its mandate to create a technical corporate arm. In December of 2001, they obtained letters patent from the Minister of Industry for the First Nations Land Management Resource Centre Inc. (Resource Centre), a corporation without share capital pursuant to Part II of the Canada Corporations Act.

The purpose of the Resource Centre is to discharge the technical responsibilities of the LAB, a purpose that has since been incorporated into the annual terms of Comprehensive Funding Arrangements with INAC/CIRNA. Under these fiscal arrangements, the Resource Centre receives funding for itself and the LAB thereby serving as the administrative arm of the LAB.

LAB and Resource Centre Mandated Roles under the Framework Agreement

The mandated roles of the LAB and Resource Centre are inextricably linked.

➢ LAB Mission: “First Nations working together to resume jurisdiction over reserve lands,

environment and natural resources.”

The LAB mandate includes but is not limited to:

• Policy and planning at the political level;

• Intergovernmental relations/meetings with Canada, Parliament, provincial, regional and

municipal governments, financial institutions, etc., to implement the spirit, intent and meaning

of the Framework Agreement;

• When requested, attendance at conferences and other public gatherings directly relevant to the

promotion and awareness of the Framework Agreement

• When requested by a First Nation, attending community meetings and/or providing high level

political and strategic advice to Chiefs and Councils in the developmental phase and those

operating under a ratified land code


• When requested, providing advice to First Nations seeking entry into the Framework

Agreement; and

• Political advocacy with signatory First Nations related to the fulfillment of Framework

Agreement responsibilities such as the negotiation of operational funding and Framework

Agreement/FNLMA amendments.

➢ Resource Centre Mission: “Strengthening First Nations governance of reserve lands and natural

resources is our business.”

The Resource Centre roles include but are not limited to:

− Policy, planning and administration at the technical level;

− Intergovernmental relations with federal, provincial, and municipal departments to

implement the technical aspects of the Framework Agreement;

− Support to operational First Nations implementing their Community Land Code, including the transitional period that ranges from several months to several years after opting out of the Indian Act. Areas of advice and support include capacity building, legal, environmental, enforcement, land use planning, communications, law creation as well as best practices

− Funding and Field Support to First Nations in achieving Implementation Document (ID)

milestones, including developing the Land Code, assisting with communications, completing

ESA Phase I, Boundary Description Reports, Individual Agreement finalization and the

ratification vote; and

− Technical advice to First Nations seeking to become new signatories to the Framework

Agreement.


Descriptions of Mandated Roles

A. LAB AND RESOURCE CENTRE POLICY, PLANNING and ADMINISTRATION

The LAB and the Resource Centre are responsible under the Framework Agreement to fulfill key

governance, management and administrative functions, including:

➢ Policy governance of the LAB, including implementation and periodic amendment of the governance

model of the LAB to ensure economical, efficient and effective representation of, and accountability

to, the signatories to the Framework Agreement;

➢ Analysis and consensus-based development of collective First Nations’ policy for implementation of

the Framework Agreement; and

➢ Through its Finance Committee/RC Board of Directors the effective governance, management and

administration of the Resource Centre, including fulfilment of the terms and conditions of the funding

agreement with Canada.

B. INTERGOVERNMENTAL RELATIONS

The Framework Agreement provides a role in this regard to the LAB and to the RC (Through discharge of

LAB technical functions). Specifically the following Framework Agreement sections:

• Part I, s.4; Reserves

• Part II; Opting In

• Part VI, s. 29,30,31; Developmental Funding, Operational Funding, LAB Funding

• Part VIII, s. 39.1.g, h, I; Functions of the Lands Advisory Board

• Part IX; Dispute Resolution

• Part X, s. 48; Ratification of Agreement

• Part XI, s.51, 56. First Nations Lands Register, Review Process

In addition, section Part VIII, s. 39.j, refer to assistance in discussions with First Nation organizations,

private sector institutions, and with provincial governments concerning the exercise of First Nation

statutory powers under Parts III, IV, V, and IX of the Framework Agreement.

The LAB has a mandate from the First Nations signatories to advocate for the integrity of the Framework

Agreement. This entails ongoing “stewardship” of the opportunity created by the Framework Agreement

through vigilance and advocacy – to ensure that the opportunity is neither constrained nor subverted

through policy and legislation by other orders of government.


The LAB also has an obligation to propose and negotiate amendments to the Framework Agreement,

including, adjusting verifier roles, voting procedures and vote thresholds, clarifying environmental

management and enforcement authorities of operational First Nations and removing ineffective and/or

other outdated provisions.

C. LAB and RESOURCE CENTRE SUPPORT TO OPERATIONAL FIRST NATIONS

IMPLEMENTING THEIR COMMUNITY LAND CODE

The LAB Chair, LAB Directors and the RC Chair and RC Directors are mandated under the Framework

Agreement (Part VIII, s.39) to assist operational First Nations in meeting their land governance obligations

under their Land Codes.

Transition to First Nation Land and Resource Governance

The LAB and its Resource Centre are committed to supporting operational First Nations in developing

lands, environment and resource governance capacity required to achieve and sustain effective and

appropriate self-determination through the lens of the Framework Agreement. The roles of the LAB and

RC are to provide sustained high level advice and technical support services at the request of First Nations.

The timing and sequence for meeting these obligations are primarly determined by First Nations.

Each community is presented with a challenging opportunity that spans many years of transitional activity

leading to the full exercise of their land, environment and resource governance powers and associated

responsibilities. Once they have ratified their Land Codes and Individual Agreements, First Nations face

the challenge of developing a customized land, environment and resource governance system to give

effect to their Community values and aspirations. In this regard, First Nations differ from comparable

local governments off-reserve which manage lands within the fully-defined, prevailing provincial

legislative and governance framework. Operational First Nations have reported that the transitional

period can range from several years to beyond a decade.

Furthermore, the contemporary resumption of Indigenous land governance frameworks by First Nations

following 100 years of imposed Indian Act rule is a complicated and time consuming effort. The process

is considered a process of decolonization, First Nation by First Nation.

As a part of fulfilling is statutory obligations, the LAB and Resource Centre provide a multitude of crucial

support services to operational First Nations as they transition away from the Indian Act. The original First

Nation architects of the Framework Agreement intended that there be appropriate political and technical

support provided through their own Indigenous service organization, to assist in the exercise of their

inherent right to govern their lands, environment and resources.


Accordingly, expert support services are delivered directly to Chiefs and Councils, Land Committees, Lands

Governance Directors, staff, advisors and community members. Depending on the nature of the request,

be it political or technical, these efforts can often require the participation of both the LAB and Resource

Centre and combine advising, mentoring and/or training simultaneously or independently in each case.

Ongoing Support for Operational First Nations

The LAB and the Resource Centre provide ongoing support to operational First Nations to maintain and strengthen their capacity to govern their reserve lands and resources consistent with the First Nation’s values, aspirations and priorities.

Some First Nations are primarily focused on protecting their rights and interests in their lands and may emphasize traditional use as well as conservation and preservation values over land development. Other First Nations desire to emphasize commercial, resource and/or industrial development while ensuring appropriate environmental integrity. Each First Nation has its own priorities, unique codified cultural practices, urban/rural locations, land/population quanta, socio economic realities, provincial and regional settings as well as internal capacities. Template approaches, although useful, have not proven to be a highly effective way of fully addressing the spectrum of unique situations. Depending on the priorities of individual First Nations and the nature of their requests, the LAB and the Resource Centre may be called upon to:

➢ Provide leadership, mentoring and staff training;

➢ Identify, create, update and disseminate best practices;

➢ Develop and promote the First Nations land governance “brand” with economic partners such as

financial institutions;

➢ Advocate Operational First Nation matters with other governmental and non governmental bodies

such as Environment Canada, CMHC, RCMP/other policing authorities, Provincial Attorney Generals

and Courts

➢ Advise First Nations in progressing through the successive stages of community planning, law

creation and other Land Code implementation specific proceedings; and

➢ Facilitate recovery from set-backs (such as unanticipated loss of key staff or assistance with

outstanding Indian Act related matters) as well as to develop suggested corrective strategies.

The Resource Centre is the primary means through which the operational First Nations collaborate in

developing their capacity for governance of reserve lands and natural resources through, for example,

formulation and dissemination of staff training. Conducting workshops, training, mentoring, developing

online courses/curricula and drafting model policies and laws, are thus included as part of the Resource

centre’s activities.


D. LAB and RESOURCE CENTRE SUPPORT TO FIRST NATIONS IN THE

COMMUNITY RATIFICATION PROCESS

Parts I and II of the Framework Agreement identify the process that each signatory First Nation must

follow in order to complete the Community ratification process and vote. The process and vote require a

number of activities by the First Nations, the LAB Chair and Directors, the Resource Centre Chair and

Directors, the Resource Centre staff and CIRNA. The LAB and Resource Centre support can include multi-

day on-site meetings and workshops with Chiefs and Councils, Land Committees, Land Code Coordinators,

advisors and community members. Meetings and workshops may require the participation of both the

LAB and the Resource Centre. Part II, s.8 and Part IX, s.44 of the Framework Agreement identify the role

of a neutral Verifier to monitor the opting in process.

Although, the Framework Agreement and hence the LAB and the Resource Centre were structured to

facilitate and support the land and resource governance efforts of the original 14 signatory First Nations,

ongoing goals of the LAB and RC are:

➢ To support all First Nations in their efforts to become self sufficient in Lands and Resources

governance through the Framework Agreement.

➢ To promote awareness to all First Nations regarding the opportunity to resume the exercise of their

inherent right to govern their reserve lands and resources through the Framework Agreement; and

➢ To ensure that this opportunity will be extended to those First Nations which want to become

signatories to the Framework Agreement.

The LAB and RC do provide awareness, outreach and informational publications on the Framework

Agreement and available services. The LAB and RC also respond to First Nations’ requests for information

about the Framework Agreement; and conveys those First Nations’ requests to join the Framework

Agreement to Canada.

Accordingly, the LAB, with its Resource Centre have worked in partnership with Canada to support and

facilitate several phases of expansion to extend the opportunity to additional First Nations which have

expressed a desire to become a signatory to the Framework Agreement. The LAB and Canada have

welcomed new signatories and have actively supported them to expedite the community ratification

process of their Land Codes and Individual Agreements. This constitutes an ongoing, increasing and

significant addition to the workload of the LAB and the Resource Centre.


E. LAB and RESOURCE CENTRE SUPPORT TO FIRST NATIONS ON THE WAITING LIST

Part VIII, s. 40.2 of the Framework Agreement identifies the process for adding new First Nations. First

Nations wishing to become signatories to the Framework Agreement are required to submit a resolution

to the LAB Chair indicating their interest. The next step is to complete a Land Governance Community

Profile Form (LGCPF) to both the RC and CIRNA.

While completing the resolution and the LGCPF, the First Nations seek information and assistance from

the LAB and Resource Centre. This information and assistance can include meetings with Chiefs and

Councils, their staff, advisors, Elders and community members. Meetings may require the participation of

both the LAB and the Resource Centre. The LAB and Resource Centre also forward information to, and

talk with, tribal councils and other groupings of First Nations to discuss the possibility signing on to the

Framework Agreement as a grouped entity within developmental and / or operational arrangements.


FRAMEWORK AGREEMENT IMPLEMENTATION GOAL TO 2023

Targets to 2023 in Pursuit of Ultimate Goals of the Framework Agreement

Ultimate Goals Targets to March 31, 2023

All First Nations will know about the

opportunity to resume the exercise of

their inherent right to govern their reserve

lands and resources through the

Framework Agreement:

All First Nations will be able to access the

opportunity, through the Framework

Agreement, to choose to resume the

exercise of their inherent right to govern

their reserve lands and resources.

➢ Universal awareness of the opportunity presented

by the Framework Agreement among First Nations

in Canada.

➢ The Framework Agreement (and the FNLMA) will

be updated, as appropriate, to expedite the

opportunity for First Nations to resume exercising

their inherent right to govern reserve lands and

natural resources.

➢ The LAB will advocate in support of First Nations

wishing to join the Framework Agreement.

➢ 50 additional First Nation signatories to the

Framework Agreement are expected to complete

the ID process and hold ratification votes.

Each participating First Nation Community

will decide how to govern its reserve lands

and natural resources:

First Nations signatories to the Framework

Agreement will be able to develop and vote

on a unique Land Code and Individual

Agreement which reflect their Community’s

values, priorities and circumstances by

engaging their members in a thorough and

timely First Nations Community ratification

process.

➢ The LAB and RC will facilitate Community

engagement supported by timely access to the

accurate information required to ensure informed

Community decision making.

➢ Adequate resourcing to developmental First

Nations for their Community ratification processes.

➢ 50 additional First Nation signatories to the

Framework Agreement are expected to complete

the Implementation Document milestones.


Ultimate Goals Targets to March 31, 2023 Each First Nation will have the capacity to

govern its reserve lands and resources

effectively:

Each operational First Nation will have the

staff, support and funding required to

govern its reserve lands and resources

according to its Land Code consistent with

its Community-based goals and values.

➢ An orderly transition to First Nations governance of

reserve lands and natural resources from the

Indian Act with adequate funding by Canada.

➢ First Nations will have access to the capacity

resources required to govern their reserve lands

including funding for the post-ratification

transition, operational land governance and

environmental management.

➢ Community-based First Nations institutions will

develop and maintain the capacity for effective

governance of reserve lands and resources.

Effective land and resource governance

will become a cornerstone of First Nation

Community development:

Local and appropriate First Nations

governance of their lands and resources will

foster and support all aspects of

Community development as well as

protection of First Nation rights and

interests in their lands and resources.

➢ The land laws, policy, and jurisprudence of

operational First Nations will facilitate First Nations

control over their reserve lands and resources.

➢ Each First Nation’s unique reserve land and

resource governance and management regime will

be comprehensive, including all the required

elements.

➢ First Nations governance of their reserve lands and

resources will result in an increase in wealth

creation for First Nations as reflected in an increase

in the value of reserve lands freed from the

encumbrances of the Indian Act. Lower transaction

costs will increase confidence of finance and other

3rd parties and result in the ability to make

decisions at the speed of business.


Ultimate Goals Targets to March 31, 2023 Government-to-government relationships will strengthen Canada: First Nations will maintain effective inter-governmental relationships with other jurisdictions with respect to governance of land and resources.

➢ The LAB will advocate for, facilitate and

support implementation of the Framework

Agreement in the context of a government-to

government relationship between the

signatory First Nations and Canada.

➢ The LAB will assume additional

responsibilities (e.g., management of

developmental, surveys, operational and

transitional funding), as mandated by the

signatory First Nations, to maintain the

integrity of the Framework Agreement.

➢ Canada and First Nations will fulfill their

respective commitments pursuant to the

Framework Agreement and Individual

Agreements.

➢ Federal and provincial legislation, policy (e.g., federal funding policy) and jurisprudence will be consistent with requirements for First Nations governance and development of reserve lands and resources.


ELEMENTS OF THE LAB’S BUSINESS STRATEGY

Key elements of the LAB’s business strategy, which have already been addressed in the Strategic Business

Plan, are:

➢ Continuing to partner with Canada for the benefit of First Nations resuming jurisdiction over their

reserve lands and natural resources;

➢ Strengthening the capacity of the Resource Centre to ensure that the LAB fulfills its technical

responsibilities to all Framework Agreement signatories;

➢ Adding 50 new entrants to the Framework Agreement over the next 5 years; and

➢ Undertaking, in conjunction with operational signatories, amendments to the Framework Agreement

and FNLMA for negotiation with Canada.

Other elements of the LAB business strategy include:

➢ Continuing to build and disseminate a “Common Body of Knowledge“ for efficient and effective land

governance; and

➢ Maintaining adaptability and flexibility in responding to the support requests from all signatory First

Nations.

Continuing to Build and Disseminate a Common Body of Knowledge

Training, mentoring, professional development and Readiness for the implementation of a Land Code and

the subsequent managing of reserve lands and resources presents a unique challenge:

• The Framework Agreement offers flexibility in the exercise of land governance and legal

compliance by First Nations

• Land codes and laws can differ greatly depending on a community’s priorities, culture, practices

and overall vision

• Implementation of a Land Code requires the active and informed participation of a Chief and

Council, Land Governance Director with staff, lands governance committees, expert advice and

community members

• No academic institution currently offers experience based study on practical and relevant

Framework Agreement implementation; and

• Indian Act focused training such as that offered by various other bodies for First Nations is the

antithesis to Indigenous self government envisioned by the Framework Agreement


The Framework Agreement was developed to be flexible and tailored to the varying needs and unique

circumstances of First Nations across Canada. Advancing a single model of reserve lands and resource

governance across First Nations is inconsistent with the principles of each First Nations expression of the

inherent right to self-government. Nevertheless, the Framework Agreement was intended to be a

collective experience, where First Nations could learn and seek assistance from one another. The LAB and

RC are invested in ensuring that individual First Nations can derive maximum benefit from the experience

of other First Nations, both through the Implementation Document, knowledge sharing efforts and

especially through the transition to full and effective exercise of governance of reserve lands and

resources.

For example, the Resource Centre has undertaken the development of model land laws and other

documents which First Nations can use as “points of reference” in further developing elements of their

systems. The Resource Centre also maintains a publicly available inventory of all First Nation Land Codes,

key land laws and land policy documents. The Resource Centre is continuing to build its online repository

of numerous examples, templates, best practices, and land governance solutions to specific challenges,

as well as short on-line courses on key topics specific to the Framework Agreement.

Further to these efforts, the LAB and RC conduct a number of outreach, mentoring and training efforts.

The RC expects to expand on these endeavors through a renewed Training, Mentoring and Professional

Development strategy.


Maintaining Adaptability and Flexibility

The LAB and the Resource Centre are enhancing support to First Nations by applying lessons learned to

date about key examples in the development of First Nations governance of reserve lands and natural

resources.

The LAB and the Resource Centre have responded constructively to significant changes in circumstances.

For example:

➢ Procedural details and the distribution of roles and responsibilities in implementation of the former

CAPP document have gone through several iterations and is now known as the Implementation

Document (ID) as have the developmental and operational funding formulae for First Nations.

➢ Expansion of the Framework Agreement required a change in the structure of the LAB to

accommodate successive waves of expansion

➢ Incorporation of electronic voting at the First Nation level and board election level

➢ Taking on more financial responsibility in the disbursement of Developmental Funding to First

Nations, Survey Funding, enhanced environment and enforcement services as well as land use

planning funding.

➢ Expanded Environment and Enforcement staffing and pilot project work

➢ Expanded “readiness” based efforts with interested, developmental and operational First Nations

➢ Expanded Communications Strategy

➢ Renewed working relationships with National Aboriginal Lands Managers Association and First

Nations Tax Commission

➢ Expanded LAB and RC internal policies, procedures and human resources manual


ORGANIZATION AND STAFFING

Organization Strategy

Key elements of organization strategy include:

➢ A regional structure for the LAB:

• There are currently sixteen Directors of the LAB including the Chair. The Directors serve staggered

terms in order for at least one position from each of the three regions to come up for election

annually. The three regions are:

− British Columbia;

− Prairie (Alberta, Saskatchewan and Manitoba); and

− Eastern (Ontario, Quebec and the Atlantic).

➢ A geographically distributed national organization:

• The National LAB Office is situated at the Westbank First Nation (British Columbia);

• The Resource Centre board chair’s office is located at the Muskoday First Nation (Saskatchewan);

• The Resource Centre’s technical and administrative office is located at Georgina Island First Nation

(Ontario); and

• The Field Organization has a regional structure, which mirrors the LAB (BC, Prairie and Eastern

Regions);

− Resource Centre Field Support Technicians are assigned to a portfolio of approximately 8 First

Nations (depending on degree of geographic dispersion), and work from home-based offices.

Organization Structure of the LAB

The structure of the LAB has evolved over time. At first, it was more or less a committee of the whole of

all of the 14 First Nation parties to the Framework Agreement. As it became apparent that the addition of

new First Nations as signatories would make that structure unwieldy by virtue of the number of potential

members and attendant expense, the structure was changed in two fundamental ways.

First, the task of determining the structure of the LAB was confined to those First Nations that have ratified the Framework Agreement. This is expressly set out in the Framework Agreement, by way of the 2002 Amendment No. 3, and must be taken as reflecting the will of those First Nations that have signed it. It also reflects the intention of Canada, which approved Amendment No. 3.

Second, as of 2003, the operational First Nations determined that the LAB would be a representative

group of 9 members elected by the operational First Nations on a regional basis and with staggered terms


of office. As the number of Operational First Nation signatories has grown, the LAB has expanded to

ensure regional representation to the current total of 16 members. Through the elective process and the

LAB AGM – quite apart from any informal or other opportunities – there is continuing and regular review

of the mandate, activities and operations of the LAB.

The composition of the LAB is determined by the Councils of the signatory First Nations which have ratified

the Framework Agreement through a ratification vote to implement their Land Code.

Organization Structure of the Resource Centre

The organization structure of the Resource Centre is presented in the following chart. Directors are

expected to serve as functional leads (in areas such as Finance and Administration, HR, IT, Strategic

Planning, Communications, Environment and Enforcement, Field Services) as well as to supervise the

delivery of services to First Nations. Specialized expertise in disciplines such as law, surveys, accounting,

and environmental management are retained on a part-time, as needed basis.


Personnel Profile

The LAB

All of the 16 Directors are Indigenous and members of First Nations.

➢ 13 (80%) Male

➢ 3 (20%) Female

The Resource Centre

All four members of the board of the Resource Centre Corporation are also Indigenous and members of

First Nations.

➢ 3 (75%) Male

➢ 1 (25%) Female

Of the 36 employees of the Resource Centre:

➢ 28 (78%) Indigenous, and 8 (22%) Non-Indigenous

➢ 22 (61%) are female and 14 (39%) male


MANAGEMENT CONTROL AND ACCOUNTABILITY FRAMEWORK

Accountability to First Nations through the LAB

The composition of the LAB is determined by the Councils of the signatory First Nations which have ratified

the Framework Agreement through a Community vote to implement their Land Code. Prospective

members of the LAB are nominated and seconded by letter or resolution from an operational First Nation

in the relevant region. A member need not be an elected official of a First Nation. Elections are held in

advance of the LAB AGM. Only the Chief or proxy of an operational First Nation can vote in the election

of an LAB member. Voting is by electronic means and secret ballot.

The LAB Chair is elected for a five-year term; the Directors are elected for three-year terms.

Accountability of the Resource Centre

Under the applicable legislation, a corporation without share capital has ‘members’, not shareholders.

The members of the Resource Centre Corporation are, by description, the members of the LAB Finance

Committee.

• The Directors of the Resource Centre Corporation are also the members of the LAB Finance

Committee.

• The Chairman of the Resource Centre Corporation is also the Chairman of the LAB Finance

Committee.

Under this structure, there is no practical possibility of conflicting purposes or objectives between the

Resource Centre and the LAB. What is different about the LAB and its corporate role, is that RC directors

have statutory obligations and powers under the Canada Corporations Act.

The corporation, regardless of how it is structured, has a separate legal personality and the Directors have

a duty of loyalty to the corporation, together with a duty to act equitably and independently in discharging

that duty of loyalty.

The evolution of the law of corporations over the past few decades has tended to increase, rather than

lighten the burdens of directorship and to broaden the scope of potential personal liability.

These corporate duties and obligations are observed by the directors and accepted by the LAB as being

“in addition to”but not inconsistent with, roles and obligations as members of the LAB Finance Committee.


Contractual Accountability

The Terms and Conditions of the funding agreement with Canada specify constraints with respect to the

management of resources, as well as reporting requirements, which include the annual audit and

quarterly reports.

Emergency / Business Continuity Planning

The Land Advisory Board and Resource Centre have adopted an Emergency Management Plan that is

reviewed annually to ensure continuity for the delivery of the mission and mandate of the organization in

the event of an emergency.

The purpose of the Land Advisory Board Resource Centre Emergency Management Plan is to provide a

framework for the roles and responsibilities of emergency management: mitigation, preparedness,

response and recovery activities in the event of an emergency.

Neither emergency nor business continuity planning emerged as significant issues in the course of the risk

assessment for the Resource Centre. Mdanagement and the Board are confident that related

contingencies are well planned for.

Advantages of a Geographically Distributed Organization

Key to emergency and business continuity planning is the fact that the Resource Centre organization is

distributed geographically. Most staff operate out of self-contained home offices which are distributed

from New Brunswick to British Columbia. Most of the work of the Resource Center occurs either at these

home offices or on site at the First Nations. Coordination of administration and logistical support is

provided by the Resource Centre’s technical and administrative office located at Georgina Island First

Nation (Ontario).

Each staff person maintains local access to their electronic working files, as well as access to shared files

via an Internet connection to Microsoft 365 schared/cloud services. Encrypted password protection and

firewalls are in place. Redundant back-ups help ensure recovery from any compromise of the server

through unauthorized access.

Advantages of this arrangement, from a business continuity and emergency planning perspective, are

that:

➢ The geographic distribution of field staff in the various regions does have a benefit of lower cost

options for service delivery as well as team response flexibility depending staff location and availability

➢ National operations are relatively immune to local disruptions, such as weather events or power

outages


➢ Staff and members of the LAB seldom travel together via air or automobile in large groups, so there

is little risk that the performance capacity of the LAB or the management team would be compromised

due to a single incident;

➢ Geographically distinct nodes of business operations for the Resource Centre include:

• The Resource Centre’s national technical and administrative office at the Georgina Island First

Nation, Ontario; and

• The RC Chair’s office in Muskoday First Nation, Sk,

• The national LAB office is located in Kelowna, BC, at the Wesbank First Nation.

Each of these offices is capable of maintaining contact with all Resource Centre staff and members of

the LAB should any of the other nodes of business coordination become inoperable.

Data Security and Business Continuity

The Resource Centre contracts with a third party and employs its own IT professional to maintain its

information, website, subscription based services with the appropriate data custody, back-up and security

features in place.

Local and cloud backups are used to maintain working files, including the financial management system,

the Resource Centre web-site and the archives.

Due to the ease and convenience of mobile application computing, the RC has invested in a additional

service (Microsoft 365) for the sharing and updating of documents in areas of priority including:

• Human Resources

• Administration/Finance

• Surveys

• Legal Resources

• Communications

• Training, Mentoring and Professional Development

• Scheduling

• Eastern, Prairie and Western Support Services


WORKLOAD DRIVERS

Implications for the Aggregate Workload of the LAB and the Resource Centre

Field based workload drivers for the LAB and the Resource Centre consist of a triage:

➢ Mandated Services on Behalf of an Increasing Number of Operational First Nations;

➢ Support services to Developmental First Nations as per the Implementation Document

➢ Capacity Building, Readiness and other Strategic Initiatives; and

➢ Requirements of the Management and Accountability Framework.

As of June 2018 there were 153 Signatories to the Framework Agreement

• 80 First Nations have passed Land Codes

• 59 First Nations are considered developmental

• 13 considered inactive; and

• 3 have moved to full Self Government or a Treaty Agreement

At the same time, an additional 57 First Nations were on the waiting list.

According to the triage of support services the RC employs a profile ratio of Staff to Operational to Developmental

(RCS/T:O:D) in the following fashion

0

5

10

15

20

25

30

35

40

45

BC PRAIRIES EAST

RC Field Staff Service To First Nations Signatories

Operational Developmental Inactive Interested RC Field Staff


Staff Operational Developmental Ratio

BC 9 43 19 =1 to 4.7 to 2.1

Prairies 5 16 16 =1 to 3.2 to 3.2

East 7 18 24 =1 to 2.5 to 3.4

While these numbers do not necessarily reflect workload equity to staff, neither is First Nation proximity

to staff. The geographic distribution of field staff in the various regions does have a benefit of lower cost

options for service delivery as well as team response flexibility depending staff location and availability.

It is anticipated that another 50 First Nations will be added to the Framework Agreement by March 31,

2023. 5 in 2018-2019, 15 in 2019-2020, 10 in 2020-2021, 10 in 2021-2022 and 10 in 2022-2023.

Economies of Scale

The availability of resources do not permit the possibility having a full staff in all crucial Land Code

implementation areas for each community. Nor is it reasonable to expect 1 person per operational

community to be an expert in applicable areas of land code implementation. Therefore, to better support

communities, the RC employs another group of staff more centrally located to provide expert advice to

First Nations in all regions in the following areas:

Land Use Planning - Suggested approaches to finalizing plans specific to

the developmental and operational phase

Communications - Website creation support, Document design

assistance

Legal - Land Code Drafting and implementation

- Land Laws specific to individual First Nations

Surveys - Boundary Land Descriptions, Contract

Management

Training, Mentoring and

Professional Development - First Nation Land Registry System, Targeted mentorship,

Think Tank, Regional Gatherings, Joint NALMA session

Environment - Governance and Management

Enforcement - Court Administration, Attorney Generals, Policing

Agencies, Ticketing Regime Creation, partnerships

with with provinces and other enforcement and

adjudication entities

Strategic Situation Analysis

Strategic Priorities focus the finite energy and resources of the organization on those issues priorities most

critical to the organization’s success. They are usually developed after due consideration to internal

strengths and weaknesses and major external developments and trends impacting the environment


within which the organization operates. Strategic Priorities usually have organization-wide impacts. The

risk analysis influences the identification of Strategic Priorities.

Risk Analysis

The Resource Centre management team has identified eight significant risk factors which the LAB and

Resource Centre need to address in order to achieve the targets to 2023.

A Erosion of the Quality of Resource Centre Staff

Ø Failure to provide for succession for key positions

Ø Staff qualifications may not keep pace with the growing complexity and sophistication of First Nations Land and Resource governance

Ø Potential increase in staff turnover and increased competition for qualified people

B Lack of ongoing commitment of Canada to fund continued expansion of the Framework Agreement and the LAB / Resource Centre

Ø Government focus may shift to competing options (e.g., fee simple, Indian Act delegation / administration)

C Lack of consistency and continuity in working relationships with CIRNA

Ø Turnover in INAC staff assigned to the file and unclear roles as INAC relinquishes reserve land management functions for FA FNs

D Potential political opposition to the Framework Agreement by First Nations groups, movements or influential individuals

Ø Failure to provide fruitful outcomes with other partnerships

E Mis-alignment of the funding agreement with Canada with the performance requirements of the LAB & Resource Centre

Ø Policy shift away from core funding for First Nations representative organizations

Ø Three-year agreement may not be secured

Ø Terms and conditions may constrain the required flexibility

FFailure to achieve recognition among key stakeholders for the unique expertise and necessary role of the LAB & Resource Centre in the success of the Framework

Agreement and First Nations governance of reserve land and resourcesØ Parliamentarians and senior civil servants, First Nations

Ø 3rd Parties might blame the RC or LAB for advice provided to First Nations

Ø Pressure from Canada to reduce / cease funding of services not specifically itemized in the Framework Agreement

G Inadequate resourcing from Canada required to accommodate expansion and maintain the minimum required level of LAB & Resource Centre services to First

Ø Funding agreement may not provide enough funding to provide a minimum acceptable level of services to First Nations for the developmental process and

transition to effective operations by LAB Directors and Resource Centre staff

• Lack of recognition by Canada of the need for customized, expert advisory services, not just models and templates

Ø Funding levels to the LAB & Resource Centre may not keep pace with the rate of expansion to include more First Nations

Ø Risk of not realizing the potential for ratification through the ID

H Erosion of signatory First Nations’ support for the LAB & Resource Centre Ø Lack of a clear distinction between the scope of services funded through the CFA, and potential fee-for-service

Ø Pressure to Unincorporate the RC

Ø Potential criticism of the Framework Agreement by under-served First Nations

Risk Factor#

The summary of the risk analysis presented on the following page illustrates the relative significance of

the risk factors. The analysis suggests that there are six risk factors which need to be mitigated.


7-9 High Risk:

F - Failure to achieve recognition among key stakeholders

G - Inadequate Resourcing

H - Erosion of Signatory FN Support

4-6 Medium Risk:

B - Lack of ongoing committment by Canada

C - Lack of consistency and continuity with CIRNA

1-3 Low Risk:

A- Erosion of the Quality of RC Staff

D-Potential Political opposition

E-Misalignment of Funding


The Finance Committee of the LAB and the Resource Centre executive have identified five strategic priorities:

➢ First Nations Support: Maintaining the confidence of an expanding number of signatory First Nations in their Resource Centre;

➢ Growth: Accommodating continuing expansion of the Framework Agreement to include more First Nations wishing to resume governance of their reserve lands and resources;

➢ Resourcing: Establishing and maintaining an adequate core funding base to sustain the LAB and Resource Centre scope of services, standards of service, and the resulting workload;

➢ Working Relationship with Canada: Maintaining an appropriate government–to-government relationship with Canada that supports the resumption and exercise by an increasing number of First Nations, of the right to govern their reserve lands and resources through the Framework Agreement; and

➢ Effectiveness: Maximizing the effectiveness of the LAB and the Resource Centre by extending essential services to a growing number of operational First Nations to support the resumption and exercise of First Nations governance of their reserve lands and resources.

The following table summarizes the relationship between the significant Risk Factors requiring mitigation and the Strategic Priorities. The Risk Analysis and the identification of Strategic Priorities were undertaken as two separate planning exercises, with limited overlapping membership in the two planning groups. The table reveals significant convergence in that the priorities for managing strategic risk are congruent with the priorities for pursuing strategic opportunities.


Risk Factor Requiring Mitigation

Strategic Priority

First Natio

ns

Sup

po

rt

Gro

wth

Reso

urcin

g

Wo

rking

Relatio

nsh

ip

with

Can

ada

Effectiveness

Lack of ongoing commitment of Canada to fund

continued expansion of the Framework Agreement and

the LAB / Resource Centre

X X X X

Lack of consistency and continuity in working

relationships with CIRNA X X X

Failure to achieve recognition among key stakeholders

for the unique expertise and necessary role of the LAB

and Resource Centre in the success of the Framework

Agreement and First Nations governance of reserve land

and resources

X X X X X

Inadequate resourcing from Canada to accommodate

expansion and maintain the minimum required level of

LAB and Resource Centre services to First Nations

X X X X X

Erosion of signatory First Nations’ support for the LAB

and Resource Centre X X

Strategic and Risk Mitigation Initiatives Strategic Initiatives represent the work, in addition to normal operations, to address the Strategic Priorities and mitigate significant risks. The table presented on the following page lists the Strategic Initiatives which the LAB and the Resource Centre intend to pursue over the period to March 31, 2023 to address the strategic priorities and mitigate the significant risk factors. Work planning for the LAB and the Resource Centre needs to make provision for the resources required to implement these initiatives.

LAB and FNLMRC – Strategic Business Plan 2018-2023 28

.


Relevant Strategic Priorities

First Nations Support

Growth Resourcing Working

Relationship with Canada

Effectiveness

1

Update the Framework Agreement and the FNLMA, as appropriate, through

amendment.

X X X X X

2

The LAB and Resource Centre will advocate for, facilitate and support

implementation of the Framework Agreement through effective partnerships with

the signatories, at both political and administrative levels. X X X X X

3


X X X X

4

The LAB and Resource Centre will assume additional responsibilities (e.g.,

equitable allocation and administration of land governance and environmental

management funding to First Nations), as mandated by the signatory First

Nations, to the extent required to maintain the integrity of the Framework

Agreement and sustain effective First Nations governance and management of

reserve lands and natural resources.

X X X X X

5

The LAB will advocate for appropriate terms and conditions for the five-year

renewal of the federal funding authority for implementation of the Framework

Agreement in the context of a government-to-government relationship that can

accommodate an increasing number of First Nations on a sustainable basis

(including an appropriate method for funding First Nations).

X X X X X


.

TARGETS AND MILESTONES


Fiscal Year

2018-19 2019-2020 2020-2021 2021-2022 2022-2023

Targets and Milestones

1 Update the Framework Agreement and the FNLMA, as appropriate, through amendment.

Phase 1 Underway

Engage with CIRNA and FNs on Phase 2

Support FNLMA Phase 2 amendments through HOC

2 The LAB and Resource Centre will advocate for, facilitate and support implementation of the Framework Agreement through effective partnerships with the signatories, at both political and administrative levels.

Ongoing

3


MWG, UNDRIP Consultations, Province of ON,SK,BC

Provincial Engagements continued

4

The LAB and Resource Centre will assume additional responsibilities (e.g., equitable allocation and administration of land governance and environmental management funding to First Nations), as mandated by the signatory First Nations, to the extent required to maintain the integrity of the Framework Agreement and sustain effective First Nations governance and management of reserve lands and natural resources.

New OFF Implemented additional responsibilitiessought

Environment and Enforcement advocacy continued



Fiscal Year

2018-19 2019-2020 2020-2021 2021-2022 2022-2023

Targets and Milestones

5

The LAB will advocate for appropriate terms and conditions for the five-year renewal of the federal funding authority for implementation of the Framework Agreement in the context of a government-to-government relationship that can accommodate an increasing number of First Nations on a sustainable basis (including an appropriate method for funding First Nations).

New OFF implemented, confirm negotiated principles, finalize MOU

Implement and monitor enhancements


Allocation of Roles and Responsibilities for the Strategic Agenda Legend: R – Responsible, A – Assists, C – Consulted, I – Informed


LAB FNLMRC Executive Director*

Director Finance, IT and Admin.

Managing Director of Operations

Director, Strategic

Planning and Communication

Law Making and Enforcement

Advisor

1 Update the Framework Agreement and the FNLMA, as appropriate, through amendment. R A A C

C C

A

2 The LAB and Resource Centre will advocate for, facilitate and support implementation of the Framework Agreement through effective partnerships with the signatories, at both political and administrative levels.

R A A I

C A

A

3


R A A I

C

A

A

4

The LAB and Resource Centre will assume additional responsibilities (ie, registry, LUP, Env/Enf) as mandated by the signatory First Nations, to the extent required to maintain the integrity of the Framework Agreement and sustain effective First Nations governance and management of reserve lands and natural resources.

R A A A

A

A

A



LAB FNLMRC Executive Director*

Director Finance, IT and Admin.

Managing Director of Operations

Director, Strategic

Planning and Communication

Law Making and Enforcement

Advisor

5

The LAB will advocate for appropriate terms and conditions for the five-year renewal of the federal funding authority for implementation of the Framework Agreement in the context of a government-to-government relationship that can accommodate an increasing number of First Nations on a sustainable basis (including an appropriate method for funding First Nations).

R A A A

C C

C

*The Executive Director is responsible to report to the LAB and RC Board for all RC activities. This chart assigns “R – responsible” to the Executive

Director only those responsibilities not delegated to the RC management team.


.

FUTURE CONSIDERATIONS – A VISION TO REALIZE THE POTENTIAL OF

THE FRAMEWORK AGREEMENT TO 2023

The growing success of Framework Agreement Communities in demonstrating the tangible contributions

from exercising jurisdiction over reserve lands, environment and natural resources is continuing to

stimulate interest from other First Nations. The LAB is committed to working closely with Canada to

consider various scenarios and fiscal arrangements for adding more signatories to the Framework

Agreement before March 2023.

The LAB and the Resource Centre intend to use the six year period to March 31, 2023 to position their

organizations to make an even greater contribution toward their ultimate goals on behalf of First Nations:

➢ All First Nations will be aware of the option to exercise their inherent right to govern their reserve

lands: All First Nations will have the opportunity, through the Framework Agreement, to choose to

resume the exercise of their inherent right to govern their reserve lands and resources.

➢ Each First Nation Community will decide how to govern its reserve lands, environment and natural

resources: First Nations signatories to the Framework Agreement will be able to develop and vote on

a unique Land Code and Individual Agreement which reflect their Community’s values, priorities and

circumstances by engaging their members in a thorough and timely First Nations Community

ratification process.

➢ Each First Nation will have sufficient resources to govern its reserve lands, environment and resources effectively: Each operational First Nation will have the capacity and expert assistance from the LABRC to govern its reserve lands, resources and environment according to its Land Code consistent with its Community-based goals and values.

➢ Effective land and resource governance will become a cornerstone of First Nation community

development: First Nations governance of their lands, environment and resources will foster and

support all aspects of Community development as well as protection of First Nations rights and

interests in their lands, environment and resources.

➢ Government-to-government relationships will strengthen Canada: First Nations will maintain

effective inter-governmental relationships with other jurisdictions with respect to governance of land,

environment and resources.

Further expansion of the number of Framework Agreement signatories is beyond the scope of this

Strategic Business Plan. Should more expansion occur, the LAB Strategic Business Plan, the Work Plan and

the proposed multi-year funding arrangement would need to be re-visited to ensure that the LAB and

Resource Centre have the necessary resources to effectively support additional entrants.


APPENDIX A

AUTHORITIES AND REFERENCES

Framework Agreement on First Nation Land Management

The Lands Advisory Board (LAB) was officially established in 1996 under the Framework Agreement on

First Nation Land Management (Framework Agreement).

First Nations Land Management Act

The Framework Agreement was ratified in 1999 by the First Nations Land Management Act

(FNLMA)

Mandated Role

The primary statutory responsibilities of the LAB are to implement the eleven parts (59 clauses) of the

Framework Agreement, as presented below; statutory functions of the LAB also include implementing

the 48 clauses of the FNLMA.


.

LAB AND RESOURCE CENTRE ROLES AND RESPONSIBILITIES UNDER THE FRAMEWORK AGREEMENT

Clause

Part I: Preliminary Matters

3 Indian Oil and Gas

Respond to First Nation [FN] oil and gas questions and the interpretation of Clause 3.

4 Reserves

Assist First Nations to determine which reserves to include and, if necessary, which specific parcels and/or reserves to exclude.

Part II: Opting In Procedure

[A] Interested First Nations

In response to requests from new interested First Nations regarding admission to the FA, LAB and Resource Centre respond by providing background

information, including copies of the FA, the Lands Act, a model Land Code, a model Community Ratification Process document, reference to our

website, a draft BCR, developmental and operational funding information, a Questions and Answers document, a list of LAB and Resource Centre

contacts, a model Individual Agreement, as well as for the LAB to meet with Chief and Council.

If requested to visit the Community, an LAB member will meet with Chief and Council to review the background of the FA, this First Nation-led initiative,

to discuss in detail all of the documents listed above, the admission procedure and the estimated time delay before being added as a signatory.

In addition, the LAB and Resource Centre facilitate new interested First Nations' visits to operational First Nations to learn more about the FA process,

and also the LAB and Resource Centre assist operational First Nations to conduct information sessions for groups of new interested First Nations.


.

Clause

During the above discussions, the LAB and Resource Centre assist the First Nations to determine the estimated length of time for developing the

Community Land Code and the Individual First Nation Agreement [IFNA] with Canada, the procedure for conducting the Community ratification vote,

opportunities for capacity building during the First Nations Community ratification process and later during the operational phase, and also any

outstanding environmental, survey, or title issues under the Indian Act which may delay the IA and subsequently the Community vote to ratify the FA.

As new interested First Nations submit BCRs requesting admission as signatories to the FA, the LAB Chair adds the new First Nations to the current

waiting list and advises the Minister. Following First Nation elections, and if there is a change in Chief and/or Council, the LAB will request new BCRs to

maintain the First Nation's position on the waiting list.

In order to determine which new interested First Nations on the waiting list will be added as signatories to the FA, the LAB and Resource Centre] will

discuss with the Government of Canada [GOC] members a number of determining factors, including appropriate geographical First Nation

representation across Canada, First Nations' BCR timing of submission, any outstanding environmental, survey or title issues under the Indian Act, and

First Nation readiness.

5 Development of a Land Code

LAB and Resource Centre review the FA process with the Chief, Council and Community to clarify the roles and responsibilities of the First Nation. GOC,

LAB and Resource Centre with respect to First Nations in the Community ratification process, as well the developmental funding available and the

amount of time required to complete the various tasks.

Resource Centre assists the First Nations to complete their IDs, including the twenty-four month work plans, as well as any subsequent time extensions

and other issues arising during this time period, such as the need for additional funding, delays in completing the IFNA and consequently the, etc.

Resource Centre may assist First Nations with the job description and the interviewing/hiring of a Coordinator and Assistant Coordinator,

Communications Group, etc.

Resource Centre may assist First Nations with the terms of reference and appointment of the Lands Committee, as well as with the monthly scheduling,

planning and participation in Land Committee meetings.


.

Clause

Resource Centre assists with the drafting of the First Nation Land Code, beginning with a model Land Code template and working with the Coordinator,

Lands Committee, Chief, Council, First Nation legal advisor and verifier through a number of drafts over a period of months to complete the First Nation

document.

Resource Centre also assists with the drafting of the First Nation Land Code by providing the services of the Resource Centre legal advisors when

necessary for clarification of drafting issues, land descriptions, etc., as well as assurance that the Community Land Code contains the mandatory

information required under the FA to satisfy the verifier.

Resource Centre assist the Coordinator, Lands Committee, Chief and council with their presentations of the Land Code drafts to the First Nation

membership, both on-reserve and off-reserve, for the Community response and input.

Resource Centre tracks the milestone progress of the ID parties throughout the twenty-four month process and monitors the timeliness of

developmental funding payments by GOC to the First Nations in the Community ratification process.

6 Development of Individual First Nation Agreement

Resource Centre assists First Nations to complete the IFNA with GOC, which includes a number of activities: responding to GOC on the draft IFNAs

submitted to the First Nation, developing an IFNA completion work plan, providing feedback to GOC on the land description report and the ESA reports,

developing detailed plans for the post-vote period to resolve any outstanding Indian Act issues, reviewing the GOC list of all registered interests in the

First Nations' reserve lands, etc.

7 Community Approval

Resource Centre assists the First Nations to prepare Community ratification process documents in accordance with the FA requirements for ensuring

informed consent of the membership in ratifying the First Nations' Land Codes and IFNAs.

Resource Centre assist the First Nations in preparing the list and addresses of all eligible voters, both on-reserve and off-reserve, and with distributing

the necessary FA, Land Code drafts, IFNA draft and voting procedure information to ensure informed consent at ratification time.


.

Clause

Resource Centre assist First Nations with First Nation developing alternative voting procedures as well as alternate approval options under clause 7.3 (c)

if necessary.

Resource Centre assists First Nations in understanding the role of the ratification officer in the voting process and selecting a qualified candidate.

Resource Centre assists First Nations to take appropriate measures to ensure that other persons having an interest in the First Nations' reserve lands

are aware of the FA, the Community Land Code and the proposed Community vote.

Resource Centre assists First Nations to plan and set the official vote date, as well as providing voting-day assistance in facilitating eligible voters to get

to the polling stations.

8 Verification Process

Resource Centre provides to the First Nations a listing with background documents on available verifiers for the ratification process and contracts with

the candidates selected by the First Nations and GOC.

Resource Centre contracts with the Verifiers selected jointly by First Nations and GOC and monitors their work throughout the twenty-four month

process to ensure their work and travel are completed in accordance with the budgets allocated for those files.

Resource Centre facilitates and attends the First Nations' introductory meetings with the selected Verifiers, as well as future meetings whenever

possible.

Resource Centre assists First Nations to respond to any concerns raised by the Verifiers regarding the First Nations' Land Code content with respect to

compliance with the mandatory Land Code sections required under the FA.

Resource Centre assists the First Nations with providing their lists of eligible voters to the Verifiers and determining the percentage of voter approval

required in accordance with the FA.

Resource Centre assists the First Nations to respond to any questions raised by the Verifiers regarding the First Nations' Community ratification process

documents.

9 Conduct of Community Vote


.

Clause

When requested by Verifiers, Resource Centre staff serves as Deputy Verifiers when there are multiple First Nation voting stations.

Resource Centre reviews and maintains the Verifiers' written reports of the First Nations' votes.

10 Certification of Land Code

Resource Centre assists First Nation Councils with forwarding to the Verifiers true copies of their Land Codes and statements that the Land Codes and

IFNA were properly approved.

LAB announces the Verifiers' certification of the Land Codes as being valid.

11 Disputed Vote

Resource Centre monitors the Verifiers' activities regarding the possibility of any disputed votes.

Part III. First Nation Land Management Rights and Powers

12 Land Management Powers

12.1 Resource Centre assists operational First Nations as needed and requested to provide technical advice, draft laws, policies and procedures in relation to

the granting of interests

12.2(a) Interests, management of natural resources, registration of interests, land use planning, exercise of all rights, powers and privileges as an owner

12.2(b) Management of outstanding Indian Act issues.

12.8 Resource Centre Monitors the transfer of revenue funds to First Nations.

13 Protection of First Nation Land

Resource Centre monitors the implementation of the Framework Agreement to ensure title, First Nation Land integrity provisions continue to be

implemented.

14 Voluntary Exchange of First Nation Land


.

Clause

Resource Centre assists operational First Nations as needed and requested to provide technical advice in relation to the voluntary exchange of land.

15 Immunity from Seizure, etc.

Resource Centre monitors the implementation of the Framework Agreement and provides advice to ensure section 89 of the Indian Act continues to

apply.

16 Third Party Interests

Resource Centre assists operational First Nations to develop and implement policies and procedures concerning the management of 3rd party interests.

17 Expropriation by First Nations

Resource Centre assists operational First Nations and First Nations in the Community ratification process as needed and requested to provide technical

advice, draft laws, policies and procedures concerning expropriation.

18 Law Making Powers

Resource Centre provides model laws, templates, policy, procedure, assistance and technical advice on the development and implementation of First

Nation laws.

19 Enforcement of First Nation Laws

Resource Centre provides model laws, templates, sample agreements policy, procedure, assistance and technical advice on the development and

implementation of enforcement/adjudication regimes LAB provides political support to lobby and consult with appropriate enforcement authorities and

courts on behalf of First Nations.


.

Clause

20 Application of Federal Laws

Resource Centre provides advice and assistance as needed and requested to First Nations where an inconsistency of federal laws and First Nation laws

exists.

21 Inapplicable Sections of Indian Act and Regulations

Resource Centre monitors the application of Land Codes as needed/required to ensure this section is respected.

22 Existing First Nation By-Laws

Resource Centre provides advice and assistance as needed and requested to First Nations where by-laws under section 81 of the Indian Act are required

to supplement land management activities, as well as changing by laws into laws for greater effectiveness.

23 General Principles

23.1 LAB/Resource Centre negotiation with GOC to ensure implementation of this section respects original spirit and intent.

23.2 LAB/Resource Centre conducts consultations with First Nations, GOC, Provincial and other relevant authorities concerning the implementation of this

section.

LAB/Resource Centre works with the GOC to review the implementation of the EMA and suggest potential changes.


.

Clause

24 Environmental Management Agreement

24.5 Resource Centre provides draft EMA agreements, policies, procedures, model laws.

25 Environmental Assessment

25.1 Develop and finalize First Nation/Canada Environmental Assessment Process model.

25.1 If requested, assist individual First Nations with their Environmental Assessment Process.

25.7 LAB-Resource Centre liaises with CIRNA, Environment Canada and provincial governments around Environmental Assessment. Resource Centre

provides draft Environmental Assessment agreements, policies, procedures, model laws.

26 Other Agreements

LAB/Resource Centre assists First Nations in deeming other parties to the agreement are essential.

27 Resources

LAB/Resource Centre assists First Nations in the development of adequate environmental funding models.

28 Appropriation

LAB/Resource Centre advises GOC on adequate funds for the implementation of the FA.

29 Developmental Funding

29.1 Develop, review and consult with First Nations and Canada on a proposed new funding methodology for First Nations in the Community ratification

process. As required LAB/Resource Centre is a party to Implementation documents and advises First Nation on the terms and conditions.


.

Clause

30 Operational Funding

30.1 Track the amount and timeliness of the current operational funding payments. Assist with funding questions/concerns.

30.2 Develop, review and consult with First Nations and Canada on a proposed new operational funding methodology.

30.2 Assist First Nations and Canada to prepare an EMA funding formula.

31 Lands Advisory Board Funding

31.1 Participate in the development of the MC and TB Submission.

31.1 Conduct workshops with operational First Nations to facilitate 5-year funding and authority renewal.

31.1 Review LAB/RC 5-year strategic plan in the context of the Minister’s 5-year authority renewal, suggest changes to the implementation of the FA where

the Parties agree.

31.1 Negotiate annual Comprehensive Funding Arrangement/ Overall management of Comprehensive Funding Arrangement

31.1 Reporting in accordance with Part F of the Comprehensive Funding Arrangement.

32 Restrictions

32.2 RC advises 3rd parties of a Land Code in force and inapplicability of expropriation and advises First Nation on land exchange. RC advises First Nations on

the retaining of land appraisers.

33 Compensation by Canada


.

Clause

Resource Centre advises and assists First Nations on assessing the adequacy of lands and or compensation to be exchanged.

34 Status of Lands

Resource Centre provides technical advice on the inclusion of new reserve lands to the Land Code and IA.

35 Reversion of Interest in First Nation Land

Resource Centre provides technical advice on the inclusion of additional reserve lands to the Land Code and IA.

36 Return of Full Interest in First Nation Land

Resource Centre provides technical advice on the inclusion of additional reserve lands to the Land Code and IA.

37 Application of Expropriation Act

Resource Centre provides advice to First Nation on the application of this section.

38 Lands Advisory Board

38.2 Hold regular meetings / AGM/ FNLMRC board activities/ financial affairs of the LAB/Resource Centre yearly reporting of financial activities, as well as

elections and special consultations regarding changes to this agreement.

39 Functions of the Lands Advisory Board

39.1(a) Develop model Land Codes, laws and land management systems.


.

Clause

39.1(b) Develop model agreements for use between First Nation and other authorities and institutions, including public utilities and private organizations.

39.1(b) Conduct meetings and develop policy and planning strategies, if applicable, with First Nations and non-First Nations organizations and institutions.

39.1(c) Assisting First Nations in developing and implementing their Land Code, laws, land management systems and environmental regimes.

39.1(d) Assisting Verifiers where requested by the Verifiers.

39.1(e) Establishing a resource centre, curricula and training programs for managers and others who perform functions pursuant to a Land Code.

39.1(e) First Nation capacity building, training and professional development through the LAB website, as well as online and in-person training and mentoring

activities.

39.1(e) The Resource Centre provides a single point of access for all Resource Centre and First Nation developed laws, policies, processes, procedures,

templates, documents, instruments, land use plans, studies and referrals.

39.1(e) Regular Resource Centre Website Updating and Administration.

39.1(e) Training (including mentoring) of Chief and Council, Lands Committees, Communities, other Staff and Land Governance Directors.

39.1(f) If requested, assist individual First Nations in resolving any land description reports and “legacy issues” with Canada.

39.1(g) Proposing revised land registry regulations for Framework Agreement First Nations.

39.1(h) Proposing to the Minister such amendments to the Framework Agreement and the FNLMA as it considers necessary or advisable.

39.1(i) Participate at National meetings to consult for future policy decisions.

39.1(i) In consultation with First Nation negotiating a funding method with the Minister.

39.1(j) Conduct meeting with Canada (Ministers, federal depts. and agencies).

39.1(j) If requested, provide presentations to House of Commons and Senate Committees.

39.1(j) Participate actively in the development/ implementation of studies and reports.

39.1(j) Assist First Nations with non-community public awareness and public relations activities related to First Nations land management.


.

Clause

39.1(j) Performing such other functions or services for First Nation as are agreed to between the Board and the First Nation.

39.1(j) Ongoing technical assistance and advice such as enforcement regime establishment, operational Land Committee terms of reference, Job descriptions,

land use planning, office set up, organizational review, workplan/priorities drafting samples and review, communications, sample/model laws, leases,

permits etc.

39.1(j) Assist newly elected Chief and Council with land governance as requested

39 Functions of the Lands Advisory Board

39.1(j) Assist land staff with the registration of documents to ensure integrity of registry and funding to First Nation.

39.1(j) Prepare, conduct and participate in FA implementation meetings with Canada.

39.1(j) Conduct Resource Centre Board of Directors Annual Meeting.

39.1(j) Organize and conduct the AGM and all LAB National/regional meetings and workshops.

39.1(j) Implement LAB/Resource Centre – NRCan geomatics/survey protocol arrangement.

40 Record Keeping

40.1 LAB will maintain records containing:

a) Name of each First Nations that approves a Land Code;

b) Copy of that Land Code;

c) Copy of each amendment to a Land Code;

d) Dates on which each was approved and certified.


.

Clause

40.2.1 When the Minister is prepared to officially add new Interested First Nations from the waiting list, the LAB Chair recommends the next signatory(s)

based on LAB admission criteria. After the Minister has sent a letter to the First Nations formally welcoming them to the FA, the LAB and Resource

Centre prepare an adhesion document to include the signatures of the new First Nations and forward this to the Minister for signature.

40.2.3 LAB and Resource Centre receives and records adhesions once all signatures have been procured.

41 Annual Report

41.1 Within 90 days following end of year of operation, LAB to deliver to the Parties an annual report, in both official languages, on the work of the Board for

that year.

42 Lands Advisory Board No Longer in Existence

43 General Principles

If requested, assist individual operational First Nations with dispute resolution with Canada. If requested, assist First Nations in the Community

ratification process with dispute resolution with Canada.

44 Panels of Arbitrators, etc.

44.1 Maintain list of Verifiers and their Biographies.

44.1 Maintain list of Mediators, Arbitrators and Neutral Evaluators.

44.1 Contract with Verifiers to implement Part II, Opting In Procedure, of the Framework Agreement.

44.3 RC and CIRNA to jointly provide Verifier training.


.

Clause

45 Neutral Evaluation

Resource Centre provides advice and technical assistance as well as assists with proceedings where required.

46 Arbitration

Resource Centre provides advice and technical assistance as well as assists with proceedings where required.

47 Related Issues

Resource Centre provides technical advice to First Nations.

48 Ratification of Agreement

49 Enactments by the Parties

49.1 Resource Centre continually monitors proposed federal legislation to ensure consistency with Framework Agreement, as well as advises GOC on

preferred amendments and advised First Nations of potential new legislation.

49.3 Resource Centre provides technical advice on the application of laws enacted pursuant to a Land Code.

50 Liability

50.1 Assist and provide advice to First Nations where requested to address legacy issues resulting from the GOC administration of First Nations land.

50.4 Develop a risk management strategy for First Nations.

50.5 Continue to modify, communicate and implement risk management actions.


.

Clause

51 First Nation Lands Register

51.1 Work with GOC with the on-going implementation of the registry and assist the Parties with implementation issues.

51.2 Organize First Nation Land Registry training sessions.

51.2 Assist First Nations to access and implement the First Nations Land Registry Regulations and assist First Nations to address registry issues.

52 Status of Documents

Resource Centre Provides technical advice to First Nations on the application of this section.

53 Provincial Relations

53.1 If requested, assist an individual First Nation with meetings/negotiations with Prov/Mun governments.

Resource Centre provides model agreements to First Nations.

54 Time Limits

LAB/Resource Centre works with GOC to provide consent under this section as needed.

55 Other Regimes

56 Review Process

56.1 LAB will, on a continual basis, consult with representatives of the parties for the purpose of assessing the effectiveness of this Agreement and the

federal legislation.


.

Clause

57 Amendments

LAB/Resource Centre provides the process for the establishment of consent under this section.

58 Recitals

59 Coming into Force

Resource Centre assists First Nations to ratify this agreement.

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