FRAMEWORK AGREEMENT ON FIRST NATION LAND MANAGEMENT

 

 

 

QUESTIONS AND ANSWERS

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TABLE OF CONTENTS:

 

 

FRAMEWORK AGREEMENT

• What is the Framework Agreement?

• How is the Framework Agreement ratified?

• What is land management?

• Can the Framework Agreement be amended?

• Is this part of aboriginal self-government?

• Will there be any impact on other self-government arrangements?

 

ABORIGINAL AND TREATY RIGHTS

• Does the Framework Agreement affect Treaty rights?

• Does the Framework Agreement affect other Aboriginal rights?

• Does it affect other First Nations?

• Will the fiduciary relationship between the federal Crown and the First Nations

 

PROTECTION OF FIRST NATION LAND

• Will First Nation lands be protected under the Framework Agreement?

 

FEDERAL LEGISLATION

• Was federal legislation required?

• Can the federal legislation change the Framework Agreement?

• Was there a previous Bill in Parliament on this subject?

• Is this Bill an amendment to the Indian Act?

 

FEDERAL RESPONSIBILITY

• Is there any continuing federal responsibility for First Nations lands?

• Who is liable for damages related to First Nation land?

• What happens to Canada’s fiduciary obligation?

 

FIRST NATIONS INVOLVED

• What First Nations are involved?

• Are other First Nations interested in joining this initiative?

 

THE LAND MANAGEMENT PROCESS

• How does a First Nation take control of its lands?

• When is land management authority transferred to the First Nation?

• What is a Land Code?

• Is the Indian Act still relevant to a First Nation that has adopted a Land Code?

• What is an Individual Transfer Agreement?

 

COMMUNITY PARTICIPATION AND APPROVALS

• Are First Nation members involved in developing a Land Code?

• Does the Land Code need community approval?

• Are off-reserve members involved?

• Is there a verification process?

 

LANDS

• What lands are involved?

• Will the land management powers extend beyond the reserve boundaries to traditional First Nation territories?

• Is First Nation land considered to be fee simple land?

• What resources are covered by the Framework Agreement?

• What resources are not included?

 

FIRST NATION POWERS

• What is the legal status of a First Nation?

• Can a First Nation make laws?

• How will First Nation laws be enforced?

• What other powers will a First Nation have?

 

THIRD PARTY INTERESTS

• What happens to existing third party interests under a Land Code?

• How will interests in First Nation land be recorded?

 

ACCOUNTABILITY

• Is a First Nation council accountable to the members?

• How will accountability to the members be ensured?

 

REVENUES

• Can a First Nation generate its own revenues?

• What happens to revenues previously collected by Canada?

 

TAXATION

• Will First Nation land be subject to taxation?

• Can a First Nation tax land under the Framework Agreement?

 

FUNDING

• Is developmental funding available to a First Nation?

• Is funding available to a First Nation to operate under a Land Code?

 

GENDER EQUITY

• Do men and women have equal rights in relation to First Nation land?

• What are the rules on possession of land if a marriage breaks down?

 

LAND DEVELOPMENT

• Will First Nations be able to develop their land?

• Can First Nation land be mortgaged?

• Can interests in First Nation land be mortgaged?

• Will real and personal property be subject to seizure under legal process?

• Can First Nation land be sold?

• Can First Nation land be exchanged?

 

ENVIRONMENT

• How will the environment be protected?

• What happens to existing environmental problems under the Indian Act?

 

EXPROPRIATION

• Can First Nation land be expropriated by Canada?

• Can First Nation land be expropriated by a Province?

• Can a First Nation expropriate interests in First Nation lands?

• Can a Province or Municipality be exempt from First Nation expropriation?

 

DISPUTE RESOLUTION

• How will community land disputes be resolved?

• How will disputes between a First Nation and Canada be resolved?

• Is the court system still available to resolve disputes?

 

LANDS ADVISORY BOARD

• Who is the Lands Advisory Board?

• What does the Lands Advisory Board do?

 

PROVINCIAL RELATIONS

• Do Provincial Governments support this initiative?

 

SUMMARY OF BENEFITS TO FIRST NATIONS

• What are the major benefits of the Framework Agreement to First Nations?