Framework Agreement
The Framework Agreement on First Nation Land Management (FA) is an historic, government-to-government agreement signed on February 12, 1996 between the original 13 First Nations who created and advocated for it, and the Minister of Indian Affairs and Northern Development. It is an initiative developed by these First Nations to opt out of the 44 lands related sections of the Indian Act. Each signatory community to the Framework Agreement assumes the administration and full law-making authority of their reserve lands, environment and natural resources, when they ratify their land code.
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Introduction & Purpose
The Framework Agreement on First Nation Land Management (FAFNLM) aims to enable First Nations to regain control over their reserve lands, natural resources, and environment, thereby replacing the land provisions of the Indian Act with First Nation-made laws. This agreement, signed by 13 First Nations in 1996 and a fourteenth in 1998, represents a historic government-to-government arrangement with Canada, emphasizing the importance of First Nations' inherent rights to self-governance.
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Framework Agreement Components
The agreement outlines the withdrawal of lands from the Indian Act's management provisions, allowing First Nations to enact their land codes. These codes, once ratified, empower First Nations to manage their lands according to their cultural values and priorities, facilitating timely land transactions, enhancing environmental protection, and promoting economic development through modern governance and decision-making systems .
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Legal Provisions & Ratification
The FAFNLM includes legal provisions ensuring that in cases of inconsistency or conflict, the agreement and the land codes prevail over other federal laws and Indian Act bylaws. Ratification occurs when a First Nation approves its land code and enters into an individual agreement with Canada, with the federal government initially ratifying the agreement in 1999 when the First Nations Land Management Act came into force.
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Environmental Responsibilities & Liabilities
The agreement delineates environmental responsibilities, stating that the federal government remains liable for pre-existing environmental issues on reserves before the land code takes effect. It also mandates full disclosure from Canada regarding any environmental problems before a First Nation enacts its land code, ensuring that First Nations are informed and can address such issues responsibly.
Framework Summary
The Framework Agreement on First Nation Land Management allows First Nations to opt out of the land management sections of the Indian Act, enabling them to govern and manage their reserve lands and resources through community-developed land codes. It provides First Nations with legal status, law-making powers, and ensures accountability, while the federal government retains title but no decision-making authority, remaining liable for pre-existing issues.
To delve deeper into how this agreement empowers First Nations and transforms land governance, download the full document below
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Overview
Ratification Process
The Framework Agreement was initiated by 13 First Nations to regain control over their reserve lands by opting out of the Indian Act's land management sections. The First Nations Lands Management Act (FNLMA), has expanded to include 165 signatories, with 91 having enacted their own Land Codes.
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Land Governance and Legal Powers
Under the Framework Agreement, First Nations develop their land governance system by creating Land Codes, which become the basic law for land management and replace certain sections of the Indian Act. This provides First Nations with comprehensive law-making powers over land use, environmental protection, and resource management, ensuring they govern their lands according to their values while maintaining accountability and transparency within their communities.
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Environmental Protection and Federal Responsibility
The Framework Agreement emphasizes the protection of First Nation lands, allowing First Nations to create environmental assessment and protection regimes through their laws. While Canada continues to hold title to First Nation lands, it remains liable for pre-existing environmental issues before a Land Code is enacted; thereafter, the responsibility shifts to the First Nation, which also gains immunity from provincial expropriation and restricted federal expropriation powers.
