The Framework Agreement On First Nation Land Management

The FNLMA scholarship has been somewhat lacking, and the scholarship, including FNPOI supporters, has, in some cases, criticized FNLMA, which are now simply inaccurate. For example, Thomas Flanagan, Christopher Alcantara and André Le Dressay s in 2010, in his book Beyond the Indian Act (which introduced the FNPOI and widely read), recognized the effectiveness of FNLMA in reducing transaction costs, criticized FNLMA for „pushing each first nation to develop its own system of property rights“ and for „not providing technical assistance in the form of country-like codes.“ The level of training and qualification of WMA staff will also affect the level of responsibility that a First Nation can assume at any given time. Each successful level has greater responsibility, capacity and fewer direct inputs from INAC. Regardless of the responsibilities of the First Nation, responsibility for land transactions remains the responsibility of the Minister of INAC. Land managers/officials can meet the certification requirement by successfully completing the PLMCP under the National Aboriginal Land Managers` Association (NALMA) or if the country manager/official meets the equivalency standards for the five key elements of RLEMP (LUP, land management, resource management, environmental management and compliance measures). NALMA evaluates and certifies the equivalence of land managers. The FNLM is a sectoral self-management initiative. To join the NMLF, a first nation must sign a framework agreement with Canada. Once the framework agreement is signed by the First Nation and Canada, the First Nation must develop its own land code and enter into an individual transfer agreement with Canada. This agreement covers the details of the management delegation as well as development finance and operational financing issues. The basic code, the individual transfer agreement and the framework agreement are subject to First Nation ratification. Canada must also ratify the framework agreement with this particular first nation. When both ratifications are completed, the First Nation will have full control and exclusive authority over legislation over its countries and First Nation resources.

The Constitution Act of 1867 gave Parliament authority over „indigenous peoples and Indian lands.“ The Indian Act, which came into force in 1876, was passed by Parliament under this oversight and defines the land management duties of the Minister of Aboriginal Affairs and Northern Development for much of Canada`s reserve areas. As part of a comprehensive approach to facilitating the takeover of Lands First Nation, land management programs have been developed to transfer control of INAC`s land management to First Nations. There are now almost twice as many First Nations using the NMLF regime as First Nations who have entered into land claims or self-management agreements in the 43 years since the modern contracting process was put in place. Membership in the NMLF regime usually takes about two years, whereas self-management agreements typically take many years or even decades. Sasha Boutilier is a student of political science and Canadian studies at the University of Toronto, where he is a fellow of the Centre for Ethics and the Jackman Humanities Institute.