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

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

2 MUSKODAY S EXPERIENCE Land management prior to 1978 was done completely by the Department of Indian Affairs. We had a land manager from the mid 1960 s but his role was to do what the department said. Revenues from land rent were collected by the Department and permission had to be given by INAC to expend our money.

3 MUSKODAY S EXPERIENCE Muskoday first requested delegated authority under section 60 of the Indian Act in A second request was made in 1968, but was rejected again. Finally in 1978 through an Order-In-Council the authority was delegated.

4 WHAT DID DELEGATED AUTHORITY UNDER SECTION 60 MEAN? Section 60 allowed Muskoday to negotiate and authorize permits, subdivide lands, build roads and operate farms in the name of the reserve. Section 28(1) had to be addressed. Section 69 authority was granted and revenues were collected locally and expended without INAC s permission.

5 WHAT DID DELEGATED AUTHORITY UNDER SECTION 60 MEAN? We showed we could manage lands more effective than the department. Revenues increased by over 200% in the first 2 years.

6 THE LESS POSITIVE SIDE OF DELEGATED AUTHORITY Any by-laws the Council wanted enacted had to be approved by the Minister. Monthly reports had to be submitted to the INAC. Agreements sent to the Indian Lands Registry were rejected if the Registry s requirements were not met. Registration of agreements took a long time to get registered.

7 THE LESS POSITIVE SIDE OF DELEGATED AUTHORITY Permits are pre-drafted by the Dept. of Justice so as to protect the Crown. All permits had to be checked by Indian Affairs before they were submitted to the Indian Lands Registry. All department directives and policies had to be adhered to.

8 THE LESS POSITIVE SIDE OF DELEGATED AUTHORITY Permits could only be cancelled by Her Majesty. If the Indian Act was violated, the delegation (or as it was called, privilege ) could be revoked. Section 60 does not promote economic development. Section 60 is mainly used for short term specific land use.

9 THE LESS POSITIVE SIDE OF DELEGATED AUTHORITY Long term land uses are usually done by leasing. In order to lease under the Indian Act, the lands must be surrendered to the Crown by way of a referendum. Now the Indian Act allows for the designation of lands to be leased under Section 38(2). Delegated authority for managing surrendered or designated lands falls under Section 53 of the Indian Act.

10 THE LESS POSITIVE SIDE OF DELEGATED AUTHORITY Land Management under Section 53 and/or 60 of the Indian Act is not the management of lands, but rather the management of permits and leases.

11 LANDS AND RESOURCE MANAGEMENT Land Management under a Land Code is the management of lands and resources. The Minister of INAC is removed from the day-to-day land management decisions. The First Nation is the decision maker regarding the management of lands and resources.

12 LANDS AND RESOURCE MANAGEMENT A Land Code sets out the principles, rules and structures that apply to First Nation lands and resources which the First nation will exercise their authority. The Code must be ratified by the membership. It does not have to be approved by the Minister. Council may, subject to the terms of the Code, make laws respecting all aspects of its lands.

13 LANDS AND RESOURCE MANAGEMENT Council, not the Minister, approves and enacts land laws. There is a limit on the law making powers of Council. Certain laws and other important matters must be approved by the community. Some examples are: a land use plan; a grant of an interest longer than specified in the Code; a voluntary exchange of land; and any amendment to the Code.

14 LANDS AND RESOURCE MANAGEMENT There are conflict of interest rules that apply to Council and anyone who is administering land or handling revenues from land. The Council is accountable to members for management of moneys and land through audits and financial statements presented to members at an annual meeting.

15 LANDS AND RESOURCE MANAGEMENT There is a mechanism on reserve to resolve disputes relating to land. And a Lands Advisory Committee to advise Council on land matters. e.g. laws and policies.

16 LANDS AND RESOURCE MANAGEMENT The lands do not have to be surrendered or designated for leasing. We have our own agreements, drafted for our needs, not the government s. Agreements are registered in our own lands registry. A copy is forwarded to INAC for their registry.

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

18 LANDS AND RESOURCE MANAGEMENT For more information, visit the Resource Centre s website Questions?