First Nation Land Management: Policy and legislation

On this page

• Introduction
• Framework Agreement on First Nation Land Management
• Framework Agreement on First Nation Land Management Act
• The Lands Advisory Board
• Co-development of a First Nation-led solution to land registration

Introduction

On February 12, 1996, Canada and 13 First Nations signed the historic nation-to-nation Framework Agreement on First Nation Land Management (Framework Agreement). The Framework Agreement supports First Nations transitioning away from the 44 lands-related sections of the Indian Act, and resuming the authority to govern their First Nation lands and environment through a community approved land code. To ratify the Framework Agreement, the now replaced, First Nations Land Management Act was brought into force on June 17, 1999. On December 15, 2022, the Framework Agreement on First Nation Land Management Act came into force to repeal and replace the First Nations Land Management Act.

First Nation Land Management is jointly supported by the departments of Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) and Indigenous Services Canada (ISC). CIRNAC holds legislative authority over the Framework Agreement on First Nation Land Management Act. The Minister of Crown-Indigenous Relations is responsible for implementing broad policy initiatives, legislative and regulatory changes and implementing aspects of First Nation Land Management that mark significant milestones in the Crown-Indigenous relationship. The Minister of Indigenous Services has been delegated the operational responsibility for First Nation Land Management and provides funding and technical support to First Nations transitioning away from the application of the lands related sections of the Indian Act.

For information on how to opt-in, visit First Nations Land Management.

Framework Agreement on First Nation Land Management

In the early 1990's, a group of First Nations chiefs approached the federal government with a proposal to transition away from the application of certain sections of the Indian Act that related to the management of land, environment and natural resources. Canada and these First Nations negotiated the Framework Agreement on First Nation Land Management, which was signed on February 12, 1996.

The Framework Agreement lays out the process through which a First Nation resumes the authority to govern their lands according to a community approved land code, through which First Nation land laws derive. Land codes are unique to each First Nation and designed to meet a community's specific needs, rather than the one-size-fits-all approach of the Indian Act. As a First Nation-led process, First Nation Land Management has seen considerable growth since the signing of the Framework Agreement. The Framework Agreement has more than 200 signatories, with more than 100 First Nations managing their lands through a land code.

Upon implementation of a land code, affected reserve lands become known as First Nations lands, but remain defined within the meaning of s.91(24) of the Constitution Act, 1867.

Framework Agreement on First Nation Land Management Act

Beginning in 2020, the Government of Canada worked with the First Nation organization, the Lands Advisory Board, and its technical arm, the First Nations Land Management Resource Centre, to co-develop legislative changes that resituate the Framework Agreement as the central authority on First Nation Land Management.

On December 15, 2022, the Framework Agreement on First Nations Land Management Act came into force to repeal and replace the First Nations Land Management Act. This more concise legislation was co-developed with the Lands Advisory Board and First Nations Land Management Resource Centre to recognize First Nation Land Management as a First Nation-led process.

The Framework Agreement on First Nation Land Management Act aligns with articles 26, 29 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples related to land management and Indigenous-led processes.

The Lands Advisory Board

The Lands Advisory Board is the First Nation-led organization that represents First Nation signatories to the Framework Agreement. The Lands Advisory Board supports the collective interests of First Nation signatories during negotiated amendments to the Framework Agreement with Canada, and advocates politically on behalf of First Nations that are signatories to the Framework Agreement.

The First Nations Land Management Resource Centre directly supports First Nations in developing their land codes. The Resource Centre also works directly with federal government officials towards the development of policy initiatives, funding negotiations, and legislative and regulatory amendments.

Co-development of a First Nation-led solution to land registration

Budget 2023 committed $35.3 million over 3 years (2023-2026) towards the co-development of a new First Nation-led land registry with the Lands Advisory Board. The new Registry is to be made available to First Nations that are operational under a land code developed under the Framework Agreement on First Nation Land Management as well as any self-governing First Nation that chooses to use it, provided their lands are defined within the meaning of s.91(24) of the Constitution Act, 1867.

The development of a modern land registry that is owned, managed and administered by First Nations is intended to provide communities under First Nation Land Management with more opportunities to realize the economic benefits arising from local control over their lands. Once the First Nation-led land registry becomes fully operational, the current registry managed and operated by Indigenous Services Canada for operational First Nations will no longer be used.

For further information on the co-development of the Registry, please visit First Nation Land Governance Registry.