Frequently Asked Questions - First Nations Land Management Regime

Interest from First Nation leaders who want to participate in the Regime has continued to grow. In Economic Action Plan 2013, the Government committed $9 million over two years for the expansion of the First Nations Land Management Regime to create further opportunities for economic development on reserve.

Over the next month, work will be undertaken in partnership with the Lands Advisory Board Resource Centre to identify the next communities to enter the Regime. A self-assessment questionnaire has been developed to help First Nations determine their readiness to enter the Regime, based on four criteria: economic development potential, land management experience, governance stability, and land title issues.

Aboriginal Affairs and Northern Development Canada’s regional offices will work with First Nations to review their submissions.

The Lands Advisory Board and Resource Centre is available to assist First Nations interested in entering the First Nations Land Management Regime. The Lands Advisory Board is mandated: to develop model land codes, laws and systems; establish a resource centre for training programs and other learning materials relevant to land codes; and propose regulations for First Nation land registration.

Q.7. How will the new Operational Funding Formula be more sustainable?

Under the previous transaction-based formula, the Government of Canada's contributions for operational funding to the FNLM Regime continued to increase each year, even as operational First Nations developed economically and were better able to pay for transaction costs themselves. The new operational funding formula is not based on the number of transactions but rather the staff necessary to perform core First Nation Land Management functions. In addition, the formula addresses an identified gap in federal legislation by providing funds to First Nations for environmental management. With these changes, the new operational funding formula will improve predictability, stability and accountability in the FNLM Regime.

Q.8. Has the FNLM Regime been a successful vehicle for economic development?

A 2009 KPMG study shows that First Nations with direct control over their reserve lands and resources under the Framework Agreement and the FNLMA are making decisions at the speed of business and that economic development is much greater in comparison to those whose lands which are administered by the Government under the Indian Act.

Many of the operational First Nations reported a 40 per cent increase in new business overall by band members and a 45 per cent increase into different types of businesses, including supplier and spin-off businesses. These First Nations attracted approximately $53 million in internal investment and close to $100 million in external investment.

More than 2,000 employment opportunities had been generated for band members and more than 10,000 jobs for non-members. In addition, many of those surveyed reported a shift in the quality of jobs available on reserve, and that these had higher education requirements. This has significantly reduced dependence on social programs and pumped hundreds of millions of dollars into local economies.

Q.9. Why did the First Nations Land Management Act need to be amended in 2012?

A.9. The amendments to the FNLMA were a First Nation-led initiative prompted by those First Nations operating under the Regime who saw a need for improvement. The LAB consulted with its membership and developed a set of proposed amendments to the Framework Agreement on First Nation Land Management. AANDC , in turn, proposed legislative amendments to the FNLMA .

This new legislation aligns with Canada's Federal Framework for Aboriginal Economic Development under which the Government of Canada is working with Aboriginal people and communities to enhance the value of Aboriginal assets and maximize their economic development potential.

Q.10. What were the key amendments to the First Nations Land Management Act and how will they improve the Regime?

A.10. The amendments to the FNLMA will further unlock the economic development potential of First Nation reserve lands by removing impediments for First Nations interested in using this Act to capitalize on their lands and resources. Specifically, the four amendments:

Q.11. Who do I contact for more information?

For further information on the FNLM Regime, please contact your AANDC regional office or the Lands Advisory Board 613-591-6649.