2005-2006 Annual Report Page 2

2004-2005 Annual Report Table of Contents i Chairman’s Message …………………………………………………………… page 4 ii Executive Summary...... page 5

1. Importance of the Framework Agreement on First Nation Land Management 1.1 Fundamental Problems with Land Administration under the Indian Act …………………………………………. page 7 1.2 Framework Agreement Alternative for ...... page 8 1.3 Framework Agreement Parameters ……………………….. page 9

2. First Nation Signatories to the Framework Agreement 2.1 Growing number of First Nation Signatories ………………. page 9

3. Roles of the Lands Advisory Board and the First Nations Land Management Resource Centre 3.1 Functions of the Lands Advisory Board ……………………. page 11 3.2 Composition of the Lands Advisory Board ...... page 11 3.3 Mandate and Strategic Focus of the Lands Advisory Board. page 13 3.4 First Nations Land Management Resource Centre ...... page 14

4. Joint Implementation Committee (JIC) 4.1 Mandate ……………………………………………………….. page 14 4.2 Membership …………………………………………………… page 14

5. Operational First Nations 5.1 Land Management under the Framework Agreement…….. page 15 5.2 First Nation Authority to Pass and Enforce Land Laws …… page 15 5.3 Capacity Building………………………………………………. page 15 5.4 Lands Advisory Board and Resource Centre Support Services to Operational First Nations ………………………. page 16 5.5 Summary of Support Services to Operational First Nations. page 16 5.6 Operational First Nation Achievements……………………… page 18

6. Developmental First Nations 6.1 First Nation Ratification of the Framework Agreement ……. page 29 6.2 New First Nation Signatories to the Framework Agreement. page 30 6.3 Lands Advisory Board and Resource Centre Support Services to Developmental First Nations ……………………. page 30

2005-2006 Annual Report Page 3

2004-2005 Annual Report Table of Contents (cont.)

7. Verification Process under the Framework Agreement 7.1 Role of the Verifier …………………………………………… page 34 7.2 Training New Verifiers……..………………………………... page 34

8. Agreements and Regulations 8.1 Environmental Management Agreement …………………. page 35 8.2 Environmental Assessment Process ……………………… page 35 8.3 Land Registry Regulations …………………………………. page 35

9. National Partnerships 9.1 Ongoing Relationship with Professional Organizations ….. page 36 9.1 Municipal Aboriginal Issues Network………………………. page 36 9.2 Federation of Canadian Municipalities, National Aboriginal Lands Managers Association and the Indian Taxation Advisory Board………………………….. ……………………. page 37

10. Audited Financial Statements …………………………………………………. Page 38

Appendix A: First Nation Locations BC ……………………………………………………………. page 41 AB ……………………………………………………………. page 42 SK ……………………………………………………………. page 43 MB ……………………………………………………………. page 44 ON ……………………………………………………………. page 45 QC ……………………………………………………………. page 46 ATLANTIC……………………………………………………. page 47

Appendix B: List of Exhibits …………………………………………………………… page 48 2005-2006 Annual Report Page 4

MESSAGE FROM THE CHAIRMAN, CHIEF ROBERT LOUIE

Fiscal year 2005-2006 was another productive but challenging time for the Lands Advisory Board and the First Nation signatories to the Framework Agreement on First Nation Land Management. Muskeg Lake First Nation voted in June 2005 and Kitselas First Nation voted in October 2005 to ratify the Framework Agreement and enact their respective land codes. The operational First Nations, implementing their laws under the land code, have continued with successful management of their reserve lands and resources. At the same time, 26 developmental First Nations actively worked toward conducting their own community ratification votes. The Lands Advisory Board also welcomed 8 new First Nations as signatories to the Framework Agreement bringing the overall number of First Nation signatories to 47.

The Framework Agreement provides the opportunity for First Nations to assume direct authority, jurisdiction and control over their reserve lands and resources. Once a First Nation ratifies the Framework Agreement and enacts its land code, the community effectively replaces the Minister of Indian and Northern Affairs Canada as the decision-maker in relation to its reserve lands and resources and replaces Parliament as the legislator in respect of those lands and resources.

The Framework Agreement is historic. There is no other initiative in Canada today, short of a self- government agreement or treaty, whereby a First Nation is recognized as a government with full authority to legislate and enforce its own laws over its reserve lands and resources. The primary objective of all First Nations participating in this First Nations land management opportunity is to be recognized as decision- makers over their reserve lands and resources without reliance on the Minister or the Government of Canada. The Framework Agreement and community enactment of the First Nation’s land code are the means by which this landmark opportunity is brought to fruition.

The Framework Agreement also is historic in at least one other respect. Parliament, in 2005-2006 brought new focus on the issue of matrimonial real property on reserve lands. Under the Indian Act, there are no rules for the division of reserve land interests on the breakdown of a marriage or on divorce, a fact that has lead to much confusion and unfairness since provincial laws do not apply. In 1999, an amendment to the Framework Agreement ensured that First Nations who ratify it would also implement appropriate rules, without discrimination, to deal with matrimonial real property issues. Those First Nations that have done so to date have received positive comment on the rules they have made. Our first Nations are proud to have been trailblazers on this important issue.

The Lands Advisory Board is committed to continuing implementation of the Framework Agreement in accordance with its spirit and its terms and to assisting all First Nations in achieving their goal of jurisdiction and control over their reserve lands and resources. This, to us, is justice that has been much delayed, but no longer denied.

Sincerely

Chief Robert Louie

2005-2006 Annual Report Page 5

EXECUTIVE SUMMARY Background

The Framework Agreement represents the culmination of years of effort by a national group of dedicated Chiefs to create, for their First Nations, the option to manage reserve lands and resources under their own land codes, free from constraints imposed under the Indian Act. The Framework Agreement is a government-to-government agreement signed in February 1996 by the Chiefs of 14 First Nations and Canada. In June 1999, Canada enacted the First Nations Land Management Act (FNLMA), “an Act providing for the ratification and bringing into effect” of the Framework Agreement.

The Chiefs’ pursuit of a sectoral approach to self-government by way of a government-to- government agreement on land management provided Canada with the opportunity to engage actively in a First Nation-led initiative by ratifying the Framework Agreement. First Nation ratification of the Framework Agreement is a community process, developed by the community and monitored by an independent Verifier, culminating in a community vote in which all electors are eligible to participate regardless of residence.

The Framework Agreement also established a Lands Advisory Board (LAB). The composition of the LAB is determined by the Councils of those First Nations which have ratified the Framework Agreement (“operational First Nations”). The LAB is the political body with the mandate to assist First Nations in implementing the Framework Agreement, to represent the First Nation parties in various dealing with the Government of Canada in relation to the Framework Agreement and to recommend amendments to the Framework Agreement to the Minister of Indian Affairs and Northern Development. Included in this mandate are political, technical, legal and financial support to the operational First Nations and to the developmental First Nations preparing to conduct their community ratification vote.

The LAB has established a Finance Committee to assist in fulfilling its Framework Agreement responsibilities. The Finance Committee, which manages the financial and technical aspects of this work has, in turn, created and directs the First Nations Land Management Resource Centre Inc. (RC) as the administrative and corporate arm of the LAB.

Throughout 2005-2006, the LAB and RC continued to provide political, financial and technical support to developmental First Nations preparing to vote on their individual land code. The ratification process under the Framework Agreement consists of 43 distinct and separate activities. In 2005-06 a total of 26 First Nations were actively preparing for a community ratification vote; 3 of the 26 conducted their ratification vote.

The LAB and RC supported the developmental First Nations with the drafting of their community land code, the design and implementation of their communication strategies and the design of their community voting procedures. The LAB and RC also were requested by the developmental First Nations to provide advice and guidance on the environmental site assessment of their reserve lands, the survey of their reserve jurisdictional boundaries and their Individual Agreement with Canada. 2005-2006 Annual Report Page 6 The LAB and RC also provided support throughout 2005-06 to operational First Nations. Once a land code takes effect, there are 34 land administration sections of the Indian Act that no longer apply to these First Nations’ reserve lands and resources. The Framework Agreement and their community land codes empower these First Nations to manage their reserve lands and resources, pass land laws and enforce their land laws.

The authority to manage reserve lands includes legislative jurisdiction, management and control of all the interests, rights and resources that belong to those lands and that are under the jurisdiction of Canada. Within the unique constitutional arrangements with respect to lands reserved for the Indians, operational First Nations exercise all the rights, powers and privileges of an owner. The LAB and RC have a mandate under the Framework Agreement to assist operational First Nations with drafting land laws, rules, procedures, agreements, policies, implementing land management systems and capacity building.

The land management successes of the 15 operational First Nations in 2005-2006 include the completion of new residential and agricultural leases, the development and negotiation of an increasing number of commercial leases and the negotiation and signing of major resource development agreements. All of these provide communities with employment opportunities and increased revenues.

The LAB and RC continued to build national partnerships to support land management; for example with the Federation of Canadian Municipalities, the National Aboriginal Land Managers Association, the Indian Taxation Advisory Board, the Center for Indigenous Environmental Resources, and the Municipal Aboriginal Issues Network.

This annual report includes a brief discussion of some of the topics that will be the focus of activities in 2006-2007. These activities are intended to facilitate the implementation of the Framework Agreement and recognize the government-to-government relationship between First Nations and Canada. Special effort will be made in the next fiscal year to conclude a number of important agreements between the operational First Nations and Canada in such areas as environmental management, environmental assessment, operational land management funding and Land Registry regulations.

2005 -200 6 A nnu al Re port 2005-2006 Annual Report Page 7 1. IMPORTANCE OF THE FRAMEWORK AGREEMENT ON FIRST NATION LAND MANAGEMENT

1.1 Fundamental Problems with Land Administration under the Indian Act

The Indian Act requires the Minister of Indian and Northern Affairs Canada to administer reserve lands and resources on behalf of First Nations. There are four fundamental problems under the Indian Act:

• the Indian Act does not recognize the right of First Nations to self-govern their reserve lands and resources; • the Indian Act does not protect reserve lands from being surrendered and sold, which presents the danger of further reduction of the limited reserve land base; • the Indian Act does not prevent Canada, provincial governments, municipalities or any corporation with expropriation powers from expropriating reserve lands without the consent of the First Nation (in fact, the Act permits such actions); and • the Indian Act does not provide an adequate statutory basis for managing and developing reserve lands in the 21st Century.

The only options available to First Nations prior to 1996 were implementation of self-government agreements or treaties to achieve the recognition of their inherent right to govern their reserve lands and resources (see Exhibit 1). Self-government agreements were not an option for most First Nations and the current round of treaty negotiations in British Columbia had only just begun.

Exhibit 1: Options for First Nations Before the Framework Agreement

RegionalRegional Land Land DelegationDelegation of of s53 s53 & & LandLand AdministrationAdministration s60s60 authorities authorities Self-Self- Option:Option: AdministrationAdministration ProgramProgram underunder the the GovernmentGovernment byby INAC INAC (RLAP)(RLAP) IndianIndian Act Act

OtherOther (e.g., (e.g., StatutoryStatutory treaty,treaty, self- self- IndianIndian Act Act IndianIndian Act Act IndianIndian Act Act Regime:Regime: governmentgovernment legislation,legislation, etc.) etc.)

Minister of Indian Affairs DistributionDistribution of of First Nation AuthorityAuthority and and Responsibility:Responsibility: 2005-2006 Annual Report Page 8

1.2 Framework Agreement Alternative for First Nations

The Framework Agreement represents the culmination of years of effort by a national group of dedicated Chiefs to provide for their First Nations the opportunity to govern their own laws free from the constraints and delays imposed under the Indian Act. The management of reserve lands and resources is a crucial component of First Nations’ self-government and self-sufficiency.

The Framework Agreement was signed in February 1996 at the Chippewas of Georgina Island First Nation by the Chiefs of 14 First Nations and the Government of Canada. Canada later enacted the FNLMA, “an Act providing for the ratification and bringing into effect” of the Framework Agreement. The FNLMA received Royal Assent in June of 1999.

Previously, Canada had not succeeded in enacting any sectoral statutory alternative to the Indian Act. The Chiefs’ approach to the development of a government-to-government agreement on land management provided Canada with the opportunity to engage actively in a First Nation-led initiative. Ultimately, this led to the Framework Agreement as we know it today, as ratified by Canada and as ratified, and continuing to be ratified, by First Nation signatories to it.

Exhibit 2 indicates the importance of the Framework Agreement.

Exhibit 2: Options for First Nations After the Framework Agreement

Delegation of s53 Land Regional Land Delegation of s53 Land Regional Land & s60 authorities Self- Option: Administration Administration & s60 authorities Framework Self- Option: Administration Administration under the Framework Government by INAC Program under the AgreementAgreement Government by INAC Program IndianIndian Act Act

Other (e.g.,  FN Land Other (e.g., Statutory  FN Land treaty,treaty, self- self- Statutory government IndianIndian Act Act IndianIndian Act Act IndianIndian Act Act CodeCode government Regime:Regime: legislation, FNLMAFNLMA legislation, etc.)etc.) Minister of Indian Affairs

DistributionDistribution of of AuthorityAuthority and and Responsibility:Responsibility:

First Nation 2005-2006 Annual Report Page 9

1.3 Framework Agreement Parameters

The Chiefs were careful to limit the scope of the Framework Agreement in order to prevent unintended impacts on other parties, rights and relationships. For example:

Clause 1.3: “This Agreement is not a treaty and shall not be considered to be a treaty with- in the meaning of section 35 of the Constitution Act, 1982.”

Clause 1.4: “The Parties acknowledge that the Crown's special relationship with First Nations continues.”

Clause 1.5: “This Agreement does not affect any lands, or any rights in lands, that are not subject to this Agreement.”

Clause 1.6:“This Agreement is not intended to define or prejudice inherent rights, or any other rights, of First Nations to control their lands or resources or to preclude other negotiations in respect of those rights.”

Clause 55.1:“Nothing in this Agreement prevents a First Nation, at any time, from opting into any other regime providing for community decision-making and community control, if the First Nation is eligible for the other regime and opts into it in accordance with procedures developed for that other regime.”

2. FIRST NATION SIGNATORIES TO THE FRAMEWORK AGREEMENT

2.1 Growing Number of First Nations Signatories

Exhibit 3 lists the 46 First Nation signatories to the Framework Agreement. Sixteen First Nations ratified their land codes under the Framework Agreement by March 31, 2006. Twenty eight First Nations were in the developmental process in 2005-2006. Three First Nations were inactive. 2005 -200 6 A nnu al Re port Page 10

Exhibit 3: Signatories to the Framework Agreement Province Operational Developmental British Columbia Lheidli T’enneh Tsawout Westbank T’sou-ke McLeod Lake Squamish Beecher Bay Musqueam Tsawwassen Songhees Ts’kw’aylaxw Osoyoos Sliammon Skeetchestn Kitselas Tseil-waututh Seabird Tzeachten Matsqui We Wai Kai Shxwha:y Village Leq’a:mel Alberta Fort Mckay Muskoday Cowessess Kinistin Flying Dust Whitecap Dakota Pasqua Muskeg Lake Opaskwayak Swan Lake Scugog Island Mnjikaning Georgina Island Garden River Nipissing Mississagi #8 Whitefish Lake Dokis Moose Deer Point Chippewas of Kettle and Stony Point Henvey Inlet New Brunswick Kingsclear

Note: (1) Westbank First Nation ratified their Land Code in May 2004 and implemented full self government on April 1, 2005. (2) 3 other First Nations were inactive in 2005-2006: N’Quatqua (BC), Siksika (AB), St Marys (NB) 2005-2006 Annual Report Page 11

3. ROLES OF THE LANDS ADVISORY BOARD AND THE FIRST NATIONS LAND MANAGAMENT RESOURCE CENTRE

3.1 Functions of the Lands Advisory Board

The Framework Agreement established the LAB. The principal functions assigned to the LAB are itemized in clause 39 of the Framework Agreement. They include but are not limited to:

(a) developing model land codes, laws and land management systems;

(b) assisting First Nations in developing and implementing their land codes, land laws, land management systems and environmental assessment and protection regimes;

(c) establishing a Resource Centre, curricula and training programs for managers and others who perform functions pursuant to a land code;

(d) proposing regulations for First Nation land registration;

(e) in consultation with First Nations, negotiating a funding method with the Minister; and

(f) proposing to the Minister such amendments to this Agreement and the federal legislation as it considers necessary or advisable;

3.2 Composition of the Lands Advisory Board

The composition of the LAB is determined by the Councils of the operational First Nations. There are currently nine members of the LAB, including the Chair. They serve staggered terms so that positions come up for election almost every year and with the intent that three of the positions, one from each of the three regions, will regularly come open for election annually. The three regions referred to are British Columbia (representing 23 First Nations), Prairie (representing 10 First Nations in Alberta, Saskatchewan and Manitoba), and Eastern (representing 13 First Nations in Ontario, Quebec and the Maritimes).

The Chair and the members of the Finance Committee are elected by the LAB for fixed terms. Exhibit 4 indicates the structure of the LAB and RC.

2005-2006 Annual Report Page 12 Exhibit 4 Structure of the Lands Advisory Board and Resource Centre

Councils of “Ratified” First Nations

Lands Advisory Board 2005-2006 (Political)

(Chairman) Chief Robert Louie - BC Harley Chingee - BC Barry Seymour - BC Chief Austin Bear - Prairies Frank Whitehead - Prairies Chief Darcy Bear - Prairies Chief Phillip Goulais - Eastern Bill McCue - Eastern Rennie Goose - Eastern

LAB Finance Committee & RC Board of Directors

(Chairman) Chief Austin Bear Rennie Goose Barry Seymour Bill McCue

Resource Centre (Technical) 2005-2006 Annual Report Page 13

Councils of “Ratified” First Nations

Finance Committee: from left Bill McCue, Chief Austin Bear, Rennie Goose, Barry Seymour

3.3 Mandate and Strategic Focus of the Lands Advisory Board The mandate and strategic focus of the LAB and RC are summarized in Exhibit 5.

Exhibit 5: LAB Mandate and Strategic Focus Mandate Strategic Focus Relevant Parts of the Framework Agreement 1. LAB & RC policy, planning 1.1 LAB will fulfill its responsibilities pursuant to the Parts VI, VIII & XI and administration to Framework Agreement implement the Framework 1.2 LAB & RC will support First Nations with their Parts V, VIII & XI Agreement and FNLMA. government-to-government relationship with Canada 1.3 LAB & RC will support First Nations to access the Parts VIII governance tools required for land management. 1.4 LAB & RC will support First Nations to establish Parts III, IV & VIII relationships with related sectors and institutions 1.5 LAB & RC will support additional First Nations to be Parts VI, VIII & XI added as signatories to the Framework Agreement 2. LAB & RC will provide support 2.1 LAB & RC will support First Nations to exercise their Parts III, IV, V & XI services to operational First jurisdiction over their reserve lands pursuant to their Nations which have ratified land codes in such areas as rights & powers, law the Framework Agreement. making, dispute resolution, enforcement, environment, registration, provincial & municipal relations 3. LAB & RC will provide support 3.1 LAB & RC will support First Nations with Part VIII services to developmental developmental funding First Nations ratifying the 3.2 LAB & RC will support First Nations to complete the Parts II & VIII Framework Agreement. ratification process 3.3 LAB & RC will support First Nations to conclude their Parts II & VIII Individual Agreement with Canada

2005-2006 Annual Report Page 14

3.4 First Nations Land Management Resource Centre

The LAB has two entities to assist with implementing its responsibilities. The Finance Committee has been established to manage all financial and reporting matters on behalf of the LAB and in effect, to function as its executive committee. The Finance Committee is responsible for the RC, which is the service delivery organization that fulfills the LAB’s technical and administrative responsibilities under the Framework Agreement.

The accountability for the RC is indicated in Exhibit 6:

Exhibit 6: Structure of the Resource Centre

LandsLands Political AdvisoryAdvisory ChairChair Board Board

Finance Resource Centre Executive Finance Resource Centre CommitteeCommittee BoardBoard ofof DirectorsDirectors

Technical/ ResourceResource CentreCentre Administrative

4. JOINT IMPLEMENTATION COMMITTEE (JIC)

4.1 Mandate

The JIC is not referenced in the Framework Agreement or the FNLMA but is intended to be a forum for senior Government of Canada officials and the political and senior technical officials from the LAB and RC to facilitate the implementation of the First Nations’ transition to jurisdictional authority over reserve lands and resources through a government-to-government relationship.

4.2 Membership

The membership of the JIC is as follows: (a) for the LAB and the RC: - the Chairman of the LAB - the Chairman of the RC Board of Directors - the Executive Director of the RC

(b) for Indian & Northern Affairs Canada: - the Assistant Deputy Minister, Lands and Trust Services - the Director General of Lands - the Director of the FNLMI Directorate 5. OPERATIONAL FIRST NATIONS

2005-2006 Annual Report Page 15

5.1 Land Management under the Framework Agreement

Once a First Nation has ratified the Framework Agreement and enacted its land code, there are 34 land administration sections of the Indian Act that no longer apply to the First Nation’s reserve lands and resources. The First Nation now is self-governing over its lands and resources.

First Nation authority to manage reserve lands includes all the interests, rights and resources that belong to those lands under the jurisdiction of Canada. The operational First Nations exercise all the rights, powers and privileges of a “natural person” and governmental body. This authority is described in Parts II, III and XI of the Framework Agreement.

5.2 First Nation Authority To Pass and Enforce Land Laws

First Nation authority to pass land laws includes development, conservation, protection, use and possession of reserve lands. In addition, operational First Nations are the only jurisdictions in Canada to have enacted, as required by the Framework Agreement, laws relating to the use and possession of lands on reserve following matrimonial breakdown or divorce. This authority is described in Parts IV and V of the Framework Agreement and sections 20 to 23 of the FNLMA. First Nations also have authority, under the Framework Agreement, to appoint justices of the peace with summary conviction powers to enforce their land laws.

First Nation authority to enforce land laws includes establishing offences and comprehensive enforcement procedures and providing for fines. The authority is described in Part IV of the Framework Agreement and in section 24 of the FNLMA.

5.3 Capacity Building

Clause 39(1)(e)of the Framework Agreement requires that the LAB be responsible for establishing curricula and training programs for managers and others who perform functions pursuant to a land code. Accordingly, the LAB and RC undertook the following:

• commissioned studies on the creation of new training programs in post secondary Institutions; • provided limited capacity building dollars to operational First Nations to take land management related training courses at accredited institutions; • took an active role in the development of the “Reserve Lands and Environmental Training Program” (RLEMP); and • implemented relationships and worked with the National Aboriginal Lands Managers Association, ITAB, CIDA, the Federation of Canadian Municipalities and the Women’s Equality Directorate.

Operational First Nations have expressed their concern with the lack of capacity building and professional development funding to assist in their land management activities. Funding these areas still remains a challenge.

5.4 Lands Advisory Board and Resource Centre Support Services to Operational First Nations

The LAB and RC assist the operational First Nations with designing the necessary land laws, 2005-2006 Annual Report Page 16 processes, agreements, policies, plans, land management systems, and enforcement procedures in order to facilitate: : • granting interests in reserve lands; • establishing and maintaining a First Nation register to record the granting of interests in reserve lands; • dividing interests in reserve lands on the breakdown of a marriage; • accountability to First Nation members (eg: moneys managed under a land code); • making and publishing First Nation laws; • establishing a forum for the resolution of reserve land disputes; • conflict of interest; • expropriating interests in reserve lands deemed necessary for Community works or other First Nation purposes; • transferring, by testamentary disposition or succession, interests in reserve lands; • exchanging reserve lands for other lands; and • delegating administrative authority, or establishing a legal entity, to manage reserve lands and resources.

The RC also assists operational First Nations in drafting model rules and procedures to deal with:

• traditional and individual holdings; • agricultural leases and permits; • residential, commercial, industrial and recreational leases; • resource leases and permits; • utility and annual permits; • assignments, transfers and exchanges; • fees and rent collection; and • mortgage registration and discharges.

5.5 Summary of Support Services to Operational First Nations

The LAB and RC provided a total of 701 “support services” to the operational First Nations in 2005-2006. The support services consisted of interactions with First Nation participants that ranged from telephone conference calls, emails, faxes and letter exchanges on the one hand, to multi-day on-site meetings and workshops with Chiefs and Councils, Land Committees, Land Managers and advisors on the other hand.

The 2005-2006 operational First Nations were:

British Columbia: (1) Lheidli T'enneh (2) Sliammon (3) Beecher Bay (4) Kitselas (5) Ts’kw’aylaxw (6) Tsawwassen (7) Mcleod Lake (Tsekani)

Saskatchewan: (1) Muskoday (2) Whitecap Dakota (3) Kinistin (4) Muskeg Lake

Manitoba: (1) Opaskwayak Cree Nation

Ontario: (1) Nipissing (2) Georgina Island (3) Scugog Island 2005-2006 Annual Report Page 17

Exhibit 7 Quarterly Support Services to Operational First Nations 5.6 Operational First Nation Achievements

5.6.1 Beecher Bay First Nation, BC

Beecher Bay First Nation (BBFN) located on the south end of Vancouver Island ratified their land code in June 2003 and the BBFN Land Code came into effect on August 1, 2003.

Under the BBFN Land Code, there have been some positive developments that are a direct result of BBFN being able to decide on what land management factors are important to membership and being able to work toward these goals to get quicker results. The BBFN Land Code has provided the capacity to govern lands and resources in an efficient and effective manner without outside interference.

300

250

200

150

100

50

0 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr 2005-2006 Annual Report Page 18 Addition to Reserve BBFN is currently working with the department of National Defence and INAC to have 116 acres returned to reserve status.

Land use Planning BBFN has been working on a land use plan to develop districts with specific development requirements for each zone. This will enable BBFN to identify lands with commercial, residential, and cultural values and establish guidelines for each.

Economic Development With the completion of the land use plan under the BBFN Land Code, membership are in a position to undertake the next steps to a full economic development strategy including tourism, forestry and fishing.

Other Businesses There are many individuals who are interested in opening up businesses on reserve. There currently are an automotive shop, cigarette store, gas station, convenience store and native crafts store.

Additional Laws Since the BBFN Land Code has been in effect, there has been much work on other additional laws which are required. More land use planning and lawmaking are scheduled for next year.

5.6.2 Kitselas First Nation, BC

Kitselas First Nation (KFN) became a signatory to the Framework Agreement in 2002 and ratified their land code in 2005. KFN, with a membership of 500, surrounds the city of Terrace, British Columbia and is involved in a number of economic ventures.

Tourism is developing at a faster pace with a cruise ship port development in Prince Rupert, British Columbia located approximately 200km west of Terrace. KFN is developing an area called the “Kitselas Canyon” which will include a campsite, interpretive trails, boat tours and a collection of long houses to showcase KFN art, history and background information. This development is in its 3rd year and the tours & trails will be functioning in part for summer 2006.

KFN also began a forestry company this year called Kitselas Forest Products. KFN received a non-renewable forest license from the provincial government with an annual cut of 400,000 m3. KFN’s priority with the company is to build economic development as well as to train members in the forestry industry. KFN has various agreements with provincial entities including the Ministry of Forests, Department of Fisheries & Oceans and Ministry of Environment to ensure logging companies are in compliance with provincial standards on KFN traditional territory. KFN patrols the land and assists government departments with tourist and recreational activity in the area. The Skeena River, a major tourist angling attraction with its various tributaries, is also under annual aquatic studies with KFN. Ecological and anthropological studies are also completed in cooperation with KFN resource personnel.

2005-2006 Annual Report Page 19

5.6.3 Lheidli T'enneh First Nation, BC

The Lheidli T'enneh First Nation (LTFN) has four reserves totaling approximately 675 ha. located within and adjacent to the City of Prince George. LTFN was an original signatory to the Framework Agreement. In October 2000, LTFN ratified the first land code in British Columbia and became the fourth to ratify a land code in Canada. The elected Lands Authority meets once per month to deal with a variety of land management issues. Highlights of their successes in 2005-2006 are summarized below.

Land Use Plan In March 2005, LTFN band members ratified their first reserve land use plan. This plan provides future land use direction to guide the Lands Authority, Chief and Council when making decisions on reserve land.

Development Procedures and Process Workshops LTFN has worked closely with local government, including the City of Prince George and Regional District of Fraser Fort George and workshops have been held with the LTFN Lands Authority. The workshops covered local government development procedures and processes involved in considering development and building projects. The sharing of information through workshop venues will be extremely useful to all parties in land development.

First Nation Mountain Pine Beetle Program Land Lease Chief and Council recently approved the location of the First Nation Mountain Pine Beetle office building under the new provincial relationship funding program. This program is intended to support implementation of pine beetle action plans on reserve lands in the province. It is anticipated that this program will have a number of training and educational benefits for LTFN while providing additional revenue through monthly lease payments.

Matrimonial Real Property Law Implementation A special task force of Lands Authority and community members are working on the implementation of a Matrimonial Real Property Law. This project involves workshops with members, partnerships with social services agencies and preparation of a spousal contract and supporting publications to assist in resolving matrimonial disputes on reserve land. The work is projected for completion at the end of September 2006.

Environmental Site Assessment Phase II With INAC funding support and consultant resources, the LTFN Lands Authority completed the phase II assessment of reserves in 2005 and is currently working on tendering Phase III later in 2005-2006 Annual Report Page 20

2006 to undertake remediation of existing contaminated sites on reserve land.

Final Treaty Negotiations LTFN is also in the midst of final treaty negotiations that may lead to an increase in their land base to 4,300 ha with parcels located within the City of Prince George, Regional District of Fraser

Fort George and Cariboo Regional District. As part of final treaty negotiations, a number of replacement tenures are being negotiated with BC Hydro, Telus, Duke Energy and Pembina Pipelines. In addition, agreements are also being negotiated with the City of Prince George and Regional District of Fraser Fort George to harmonize land use and development within LTFN mutual jurisdictions. As part of these discussions, a conceptual treaty settlement land use plan is being developed as the basis to provide long term land use direction on this expanded land base.

Land Manager Training Due to the discontinuation of capacity building funding, LTFN successfully sought funding from the BC Capacity Initiative Program and the LTFN Lands Authority will be hiring a land manager trainee. This position is intended to increase the LTFN human resources capacity to deal with the varied and complex issues involved in land management on both reserve and future treaty settlement land.

5.6.4 McLeod Lake Indian Band, BC

The McLeod Lake Indian Band (MLIB) Land Code came into effect on May 20, 2003. Since then, they have legislated the MLIB Matrimonial Real Property Act on May 28, 2004; the MLIB Land Use Plan on March 18, 2005; and the MLIB Forest Practices Code Act on September 29,2005. These laws are the stepping stones for MLIB to entrench specific land laws that will enable them to properly manage and control their lands, resources and revenues.

The Lands Department is staffed by a Lands and Resource Manager who also chairs the meetings for the five-member Land Management Committee. The committee members were elected on June 2005 and serve staggered terms of office in order for the Land Management Committee to maintain continuity.

Successes:

• Developed a draft Zoning Law; • Developed a draft Application and Review Process; • Developed a draft Lease and Allotment Process for members and non-members; • Completed construction of the MLIB Natural Resource Management Centre; • Completed Environmental Site Assessment Phase III for a gas station site; • Province transferred 4 treaty settlement parcels under the additions to 2005-2006 Annual Report Page 21

reserve policy; • Completed an Environmental Site Audit for one treaty settlement parcel under the additions to reserve policy; • Participated with other First Nations on Land Use Planning training with the Canadian Institute of Planners; and • Participated with other First Nations on servicing agreements between First Nation reserve lands and municipalities and regional districts.

Challenges:

• Funding shortfalls in providing adequate staffing to deal with land transactions and application process for membership, economic development review opportunities, community planning, community approval process, dispute resolution process and Land Use Plan implementation; • Funding shortfalls in capacity building for land management staff and committee members; • Orientation of newly-elected Chief and Council; and • Orientation of the MLIB Land Code with members, leaders, administration and 3rd parties and the general public.

Conclusion MLIB entered into a new era for the management and control of their lands, resources and revenue for the first time in 2002. The leaders and members were eager and supportive to be finally in control of their own destiny.

The land base expanded with the MLIB Treaty No. 8 Adhesion and Settlement Agreement in 2000. Most of the land is forested and the revenue generation is anticipated to be phenomenal. The land selection was on a highway corridor and lake frontage, which is seen as an economic development opportunity for the MLIB. Enthusiasm and positive outlook by the community for being self-sustaining is there despite any challenges MLIB may face.

5.6.5 Sliammon First Nation, BC

Since the Sliammon First Nation (SFN) ratified their Land Code, they have been diligent about mapping out the future. Under the Sliammon Land Code, SFN has more autonomy in building a positive relationship with the neighboring communities and other levels of governments as well as its own entities. Chief and Council have transferred all authority pertaining to the SFN Land Code to the SFN Lands Authority Board who were elected by the community. The SFN Lands Authority Board has focused on building an effective and efficient administrative structure for SFN to better govern its Lands.

Land Management under the Sliammon Land Code includes:

• Interests and licenses for land and natural resources; • Revenue and expenditures; • Zoning, land use, subdivisions, land development; • Environmental protection and assessment; • Transfers including wills and estates; • Expropriation; 2005-2006 Annual Report Page 22 • Matrimonial property; • Dispute resolution; • Enforcement; and • Administration and accountability including conflict of interest rules and delegated authority.

SFN is in the final stages of negotiating a new head lease with 37 tenants on leased lands along with residential subleases. This will bring approximately $1.6 million to the community.

The Real Property Matrimonial Law is in the final stages with SFN members reviewing the final draft. A code of ethics has been developed for the Lands Department which is intended to help facilitate the administrative operations of their Lands Department.

The Lands Department has hired a coordinator to complete a six month study to identify all interests on SFN six reserves. Historical and current interviews and documents will be gathered from INAC, SFN Council and individuals regarding their certificates of possession, notices of entitlement, traditional holdings and third party interests. A final report will be compiled to assist with centralizing vital documentation to correct many outstanding historical INAC land issues for the benefit of future generations.

The SFN Lands Authority Board has met with the other internal entities such as the SFN Development Corporation, SFN Treaty Society, Tla:amin Health Society, and SFN Administration to complete a comprehensive community development plan which will put SFN in a position to undertake the next steps in strategically building a stronger government that will take away the overlapping and duplication of work already in progress of each entity.

5.6.6 Tsawwassen First Nation, BC

The Tsawwassen First Nation (TFN), located on the southern reaches of Lower Mainland British Columbia, signed the Framework Agreement in 2001. TFN members enacted their land code in 2003 and proclaimed it in force in March 2004. The code has become the core component of TFN's land management strategies.

As with other First Nations involved in the Framework Agreement, one of the driving forces from the beginning was the reduction of bureaucratic intervention and the streamlining of basic land transaction processes; the latter are now implemented in weeks, rather than months.

Laws are now in place to help govern the lands; more are being developed. A further objective was to reorganize the TFN Lands Department. This has been done, with ongoing changes undertaken as capacity is gained.

Renewed emphasis on economic development has taken place, mostly due to community, 2005-2006 Annual Report Page 23 location and third party confidence in TFN's ability to manage its lands.

A comprehensive Land Use Plan has been developed, which will enable better planning and longer term economic development commitments.

5.6.7 Ts'kw'aylaxw First Nation, BC

The Ts'kw'aylaxw First Nation (TFN) has eight reserves with the main reserve located approximately 36 km northeast of Lillooet, adjacent to Highway 99 and Pavilion Creek, on the east bank of the Fraser River. TFN members voted on their land code on March 28, 2004 and the code took effect in May 2004. The code has become the core component of TFN’s land management strategies.

Land Use Planning TFN is currently compiling reserve information and placing that information into a GIS program. Once completed TFN will begin to develop a land use plan. TFN has employed band members to become trained in land procedures and has a Lands and GIS trainee working collaboratively in the land office with the Lands Manager. Protection and management of natural resources will play a major role in land use planning. Through the TFN Land code, the community intends to take steps to ensure that TFN natural resources remain sustainable for future generations.

Forestry The Lands and Forest Office has been collaborating together on issues that affect the natural resources on both TFN reserve lands and TFN traditional territory. TFN believes in sustainability as well as utilizing the lands in a way that will benefit the community without compromising the integrity of TFN lands and resources. This can be accomplished under the TFN Land Code.

5.6.8 Kinistin Saulteaux Nation, SK

Since 2004, the Kinistin Saulteaux Nation (KSN) Lands Committee has been working diligently in maintaining all aspects of lands management. The membership has developed a keener interest and actively participates in the development of strategic plans in lake front and cottage development, traditional land designation, by-law making, and capacity building.

The KSN Land Code has provided the community with an opportunity to instill a sense of pride in members and allows the development of relationships between local land owners and the KSN members. Urban KSN band members also experienced a sense of belonging in the community because their participation is invited in the development of land initiatives and their input in all discussions is extremely helpful to the leadership of KSN. Many forums have been held and discussions among band members has allowed a more effective and positive method of land management to occur. 2005-2006 Annual Report Page 24

KSN has acknowledged the support of other First Nations involved in the Framework Agreement such as the Muskoday Cree Nation and the Whitecap Dakota Nation, as well as the technical support provided by the LAB and RC. 5.6.9 Muskoday First Nation, SK

Muskoday First Nation (MFN) is located in the central part of Saskatchewan, in the parkland region, 16 kilometers southwest of the City of Prince Albert. MFN is an original signatory to the Framework Agreement and was the third community in Canada to ratify a land code. MFN has been operating under its code since January 1, 2000.

Treaty Land Entitlement In 1993, MFN submitted a Treaty Land Entitlement (TLE) claim on the basis that it did not receive the correct allotment of land as per the terms of in 1876. This claim was twice rejected by Canada until 2003 when MFN’s submission was accepted. Since then, MFN has negotiated a more substantial agreement than was first offered by Indian and Northern Affairs. MFN expect to vote early in 2007.

With a positive vote, MFN will be able to buy additional lands that should have been allotted to them at the time of Treaty (6,144 shortfall acres) plus additional lands or investments in commercial and industrial properties. The economic benefits will not only be realized by today’s generation, but also their children and their children’s children. MFN will again be a part of history as no other First Nation in Canada under a Land Code has ratified a Treaty Land Entitlement Claim.

Agriculture Although agriculture on the prairies has taken a downturn in recent years with low commodity prices, higher input prices and external trade barriers, there is still demand for leasing MFN agricultural lands. Much of the cultivated land base is regarded as some of the best in the Saskatchewan River Valley. Most non-member farmers have been signing five-year agreements, which mean guaranteed income every year for MFN. Land revenue has risen every year since MFN adopted its land code. Interest in MFN agriculture has risen with smaller cow/calf operations starting up and a member owned riding stable beginning operations in 2006.

Commercial Leasing In August 2006, MFN leased out the restaurant facilities located in the same building as its store and gas bar. The restaurant had been operated by MFN for the previous nine months. The new tenants not only provide a service to members and non-members from surrounding communities but also help generate revenue for MFN as the lease is administered under the land code.

MFN continues to lease billboard space on its lands to three different companies in the City of Prince Albert. Businesses from other surrounding communities have approached the Lands Department on leasing billboard space along Highway #3, one of the busiest routes in the province.

Land Use Planning 2005-2006 Annual Report Page 25 MFN adopted a land use plan in 2002 which helps provide direction for development on its community lands. The priority issues in having a land use plan in place include:

• Maintaining the environmental integrity of the community with new or existing commercial, agricultural or industrial development; • Retaining prime agricultural land for that specific purpose; • Conserving Mother Earth and healing or reclaiming the earth where it has already been adversely affected; and • Ensuring that MFN continues to be an enjoyable place to reside.

The entire reserve land base has been zoned into districts, each with its own standards and policies. A comprehensive review of this plan will begin in 2007 and amendments will be made to reflect new lands acquired under TLE.

Permits and Easements In May 2006, MFN and the Saskatchewan Power Corporation signed a new 35 year easement for a communications system required by the Crown Corporation. With the MFN Land Code in place, the company had to negotiate in good faith with the First Nation for this easement and make equitable payment for this agreement. In previous years under the Indian Act, Crown Utilities (under the guise of the provincial government) were able to expropriate land where it was needed for these installations, even if the transaction carried no direct benefit to MFN. SaskTel signed a similar agreement with the MFN in 2001, leaving only the provincially owned natural gas company SaskEnergy left to sign a long term easement for its services. Negotiations continue with SaskEnergy and a new easement is expected to be signed early in 2007.

5.6.10 Whitecap Dakota First Nation, SK

The Whitecap Dakota First Nation (WDFN) is located 26 km south of the City of Saskatoon. The members of WDFN approved the land code in November 2003. The WDFN Land Code came into effect January 1,2004.

Land Use Planning WDFN has developed a land use plan which divides the reserve into land use districts. This has enabled Whitecap to identify lands for commercial, industrial, agricultural, residential, resource conservation and cultural uses with specific development standards for each district. The development standards ensure developments are consistent within each land use district and ensure developments are done in an orderly manner.

Commercial Leases Since the Land Code came into effect, WDFN has approved 14 new commercial leases. The land code has allowed WDFN to approve commercial leases up to 49 years. The commercial leases include an award winning golf course, a casino which is currently under construction and a number of small businesses. The commercial developments will provide approximately 650 jobs for members and for those residing in the surrounding municipalities.

2005-2006 Annual Report Page 26

Permits & Easements The land code has allowed WDFN to issue permits, easements and right-of-ways to utility and transportation providers which significantly reduces approval time for development.

Residential Leases WDFN has the ability under its Land Code to approve residential leases up to 99 years. WDFN is in the process of developing residential lots for members and non-band members. This has enabled WDFN to market residential properties on reserve land.

Infrastructure Approximately $10 million in infrastructure development is required to accommodate the commercial and residential development on reserve. Under the land code, WDFN has the capacity to facilitate this infrastructure development. The infrastructure development will employ approximately 50 individuals during construction.

5.6.11 Opaskwayak Cree Nation, MB

Commercial Lease Development Opaskwayak Cree Nation (OCN) is finalizing commercial lease development for a restaurant to be owned and operated by a member of OCN. Construction is to begin in 2006. Institutional and commercial leases were finalized. The OCN RCMP building will be operational sometime late fall of 2006. The OCN Child and Family Services building is to be constructed and operational by late fall of 2006. Success to concluding these agreements is attributed to the OCN Land Code and land laws.

Land Interests - Leases and Permits The OCN Land Authority approved 222 registered interests for the year 2005-2006. This is a major accomplishment and is attributed to the OCN Land Code.

OCN Land Authority Land Law Development The OCN Lands Authority meets every month to deal with land related issues. Special band meetings are also held when dealing with land law development and regulations. The land law development focused on the OCN Spousal Interest Land Law. A positive vote was achieved February 15, 2006. A regulation for establishing land use fees for larger land holdings for members and non-members has been developed. This regulation was given first reading by Council.

General OCN has been working with 2005-2006 Annual Report Page 27 Canada and the Manitoba region to resolve issues under their Individual Agreement. However, several issues remain outstanding including finalizing land exchanges with the province. The OCN Land Authority developed pamphlets on the OCN Land Code and land management processes as well as a pamphlet for land management.

5.6.12 Chippewas of Georgina Island, ON

The Chippewas of Georgina Island First Nation (GIFN) have realized many benefits to sectoral self-government from their reserve lands and resources since they ratified their land code. Revenues from residential cottage leasing alone more than doubled in the 2005-2006 fiscal year from $400,000 to $1 million. This funding goes a long way towards providing adequate social and post secondary services to all members of GIFN.

The ability to make timely decisions about the development of our lands has also meant that GIFN has been able to embark on a wind energy project which will generate more than enough power to the residents of the community as well as sufficient power to sell back to Ontario Hydro. GIFN also began the construction of two high speed internet towers that will provide thousands of people in the Lake Simcoe area with excellent quality access to the internet.

5.6.13 Mississaugas of Scugog Island First Nation, ON

The Mississaugas of Scugog Island First Nation Land Code came into effect on January 1, 2000. Scugog Island First Nation (SIFN) was the first of the original 14 signatories to the Framework Agreement to pass a land code.

With the success of the Great Blue Heron Charity Casino, SIFN will soon be examining the possibility of building a water/ sewage treatment facility that will serve the casino and the surrounding community. During the summer of 2005, an addition was added to the Band Administration office providing a new Council chambers and 18 new offices, a small conference room and a staff lounge. Construction has also begun on a housing sub-division with 16 beautiful lots for members who wish to return home. SIFN is definitely growing!

5.6.14 Nipissing First Nation, ON

The Nipissing First Nation (NFN) continues to move forward with the implementation of the NFN Land Code and its associated laws. Currently, there are a number of laws in various stages of development. Matrimonial and environmental protection laws are ready to be voted on and implemented. The lands office with the support of the NFN Land Law Committee is in the process of improving and developing laws related to zoning and business licensing. 2005-2006 Annual Report Page 28

A new community planning process is currently being developed which will focus on sustainable community development. This will extend planning further into the future and enhance opportunities for investment in the community.

NFN is beginning to reap the benefits from the new land regime and its associated laws, policies and planning procedures. Community consultation methods are being improved and there is increased public input into planning for the community’s future.

NFN is currently pursuing opportunities to expand its business partnership with the Miller Group, new plans for the NFN Industrial Park, subdivision planning, infrastructure development and other community investment initiatives.

6. DEVELOPMENTAL FIRST NATIONS

6.1 First Nation Ratification of the Framework Agreement

A signatory First Nation is required to complete a vote by eligible members both on-reserve and off-reserve, on whether to approve a land code prepared by the community and an Individual Agreement negotiated with Canada. There are 43 activities to complete the community ratification process required under the Framework Agreement. In 2005-2006 the 28 active developmental First Nations made considerable progress towards completing these activities. As a result, many anticipate completing their community votes and beginning operational land management under their land codes in 2006-2007.

6.2 New First Nation Signatories to the Framework Agreement

Eight First Nations became new signatories to to the Framework Agreement in 2005-2006: Matsqui, Tzeachten, Seabird Island, We Wai Kai, and Squiala in B.C.; Fort McKay in Alberta; Pasqua in Saskatchewan; and Henvey Inlet in Ontario.

Two other First Nations — Norway House in Manitoba and Innue Essipit in Quebec — were recommended by the LAB and approved by Canada but as of March 31, 2006, have not yet signed the Framework Agreement. The LAB and Canada are working together to make the Framework Agreement bilingual and bijural to further facilitate First Nations in Quebec becoming signatories.

6.3 Lands Advisory Board and Resource Centre Support Services to Developmental First Nations

The support services provided by the LAB and RC to the developmental First Nations includes the drafting of the community land code, the design and implementation of a community communication and consultation strategy and the design & implementation of the community ratification process. 2005-2006 Annual Report Page 29

In addition, when requested by a First Nation, the LAB and RC provide advice and guidance on the environmental site assessment, the survey of the reserve jurisdictional boundary and the Individual Agreement with Canada.

Exhibit 9 indicates the support services provided by the LAB and RC to the developmental First Nations in each quarter of 2005-2006. The support services included daily telephone conference calls, emails, faxes and letter exchanges on the one hand to multi-day on-site meetings and workshops with Chiefs and Councils, Land Committees and coordinators on the other hand. In some cases these meetings and workshops required the participation of several RC staff as well as the LAB.

Exhibit 10 indicates the number of daily support services provided by the LAB and RC in assisting each of the developmental First Nation to complete the above activities. Exhibit 11 indicates the support services provided to the developmental First Nations by province.

Exhibit 12 indicates the support services provided to both the operational and developmental First Nations by province.

EXHIBIT 8: Logic Model for the First Nation “Ratification” Process under the Framework Agreement

FirstFirst Nation Nation DevelopsDevelops Land Land CodeCode VerifyVerify Community Vote • Land Code Community Vote • Land Code • Land Code Verifier Community • Land Code Verifier •• Community Individual Agreement Certifies •• Individual Agreement Certifies ApprovalApproval Process Process Land Code FirstFirst Nation Nation Defines Defines Land Code (Ratification of CommunityCommunity (Ratification of Framework Agreement) ApprovalApproval Process Process Framework Agreement)

INAC provides info: INAC provides info: First Nation and INAC • Legal description of First Nation and INAC • Legal description of Develop “Individual landslands Develop “Individual List of interests Agreement” •• List of interests Agreement” Environmental site withwith funding funding •• Environmental site assessmentassessment Balance of revenue •• Balance of revenue accountaccount 2005-2006 Annual Report Page 30

7. VERIFICATION PROCESS UNDER THE FRAMEWORK AGREEMENT

7.1 Role of the Verifier

The Chiefs who negotiated the Framework Agreement in 1996 introduced the concept of an independent party who would ensure that all aspects of the ratification process were conducted to the satisfaction of both the First Nation and Canada. The “Verifier” is jointly appointed by the First Nation and Canada.

Clause 8 of the Framework Agreement states that the role of the Verifier is to:

(a) decide whether the proposed land code conforms with the requirements of clause 5; (b) decide whether the proposed community approval process conforms with the requirements of clause 7; (c) determine whether the community vote is conducted in accordance with the community ratification process approved by the Chief and Council; and (d) certify that the land code is properly approved by the First Nation.

The Verifier also has the power to make a final decision to resolve:

(a) any dispute regarding whether a portion of a reserve may be excluded from a land code pursuant to clause 4.4; and (b) any dispute regarding the specifics of the transfer of administration between Canada and the First Nation.

The Verifier takes into account the principles of natural justice and objectivity in decision making.

7.2 Training New Verifiers

In 2005-2006 Mr. Mel Jacobs, former Chief of the Curve Lake First Nation as well as INAC official in the Ontario Region, announced his retirement after a long and distinguished career in First Nations leadership and the federal government. Mr. Jacobs served as verifier for the majority of Framework Agreement First Nations from 1996 to 2005 when the original First Nation signatories began developing their own land codes.

Mr. Jacobs was the pioneer who blazed the trail of the verification process. He was highly respected by the LAB, RC and First Nations for his excellent work, professional integrity and the good will he created during his years of service.

With the retirement of Mr. Jacobs, both INAC and the LAB needed to consider how to fill the significant void left in the verification area. In May of 2005, the RC and INAC conducted a training session for potential verifiers and after many months of interviews finalized a verifier’s manual. First Nations now are able to choose from a list of pre-approved verifiers.

8. AGREEMENTS AND REGULATIONS

8.1 Environmental Management Agreement

Clause 24 of the Framework Agreement states that:

2005-2006 Annual Report Page 31

“The Minister [of INAC] and the Minister of the Environment and each First Nation with a land code...will negotiate an environmental management agreement.

An environmental management agreement in essence will be a plan on how First Nation will enact environmental protection laws deemed essential...It will include timing, resource, inspection and enforcement requirements.”

The LAB and RC will be assisting each of the operational First Nations to complete their Environmental Management Agreement (EMA) with Canada as quickly as possible once the model template is finalized. Both the LAB and Canada have made the finalization of these agreements a priority and it is expected that these agreements will be in place in 2007.

Exhibit 9

Quarterly Support Services to Developmental First Nations

800

700

600

500

400

300

200

100

0 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr

2005-2006 Annual Report Page 32 Exhibit 10: Quarterly Support Services to Each Developmental First Nation

First Nations: April January October January Comments: May February November February June March December March BC: Tsawout 41 53 30 70 Songhees 52 50 48 54 Skeetchestn 64 53 9 13 voted in 3rd quarter Burrard 21 9 45 52 Musqueam 17 2 5 7 Squamish 33 24 34 44 Osoyoos 26 46 32 38 Kitselas 53 83 voted in 2nd quarter Shway Village 34 47 20 38 Leq’a:mel 12 49 25 26 T’Sou-ke 32 42 26 42 Tzeachten 2 1 8 7 started in 4th quarter Seabird Island 2 5 11 31 started in 4th quarter Matsqui 1 1 22 39 started in 4th quarter We-we-kai 3 2 11 11 started in 4th quarter Squiala 1 4 14 28 started in 4th quarter AB: Ft. McKay 1 8 2 20 started in 4th quarter SK: Flying Dust 17 19 3 8 Cowessess 7 10 4 4 Muskeg Lake 29 9 voted in 2nd quarter Pasqua 1 2 4 12 started in 4th quarter MB: Swan Lake 14 15 13 21 started in 2nd quarter Norway House 1 11 3 3 not a signatory ON: Mnjikaning 6 7 9 8 Garden River 20 27 30 41 Moose Deer Pt 9 13 12 12 Mississaugi 13 8 15 16 Whitefish Lake 8 10 18 15 Kettle & Stony Pt 8 17 13 16 Dokis 12 12 20 19 Henvey Inlet 5 4 4 7 started in 4th quarter QC: Innue Essipit 1 3 1 1 not a signatory NB: Kingsclear 22 28 4 3 Total: 567 674 495 710 2005-2006 Annual Report Page 33

Exhibit 11: Services to Developmental First Nations by Province

1600

1400

1200

1000

800

600

400

200

0 QC ON MB SK AB BC

Exhibit 12: Operational and Developmental First Nations by Province

14

12

10

8

6

4

2

0 NB QC ON MB SK AB BC

Developmental Operational 2005-2006 Annual Report Page 34

8.2 Environmental Assessment Process

An interim environmental assessment process has been a major component of a First Nation’s Individual Agreement with Canada. Provisions in the Framework Agreement provide an opportunity to negotiate a more formal environmental assessment process to guide the conduct and sign-off on environmental screenings and assessments. Discussions between Canada, the First Nations and the RC re-commenced in 2004-2005 on this initiative and are on-going, in conjunction with the environmental management agreement.

8.3 Land Registry Regulations

There are no formal land registry regulations under the Indian Act. Consequently, financial institutions have expressed concern over this regulatory vacuum and the uncertainty in relation to the security of real estate investment on reserve. Under the Framework Agreement the priority is to develop a registry regime to achieve clarity and transparency with respect to land tenure and to improve the climate for investment on reserve, while respecting the integrity of traditional land holdings.

The preference of the LAB is to establish a Torrens system, but that is not currently possible for a variety of reasons. It is difficult to establish this system across Canada for land. It takes more than political will – it would take millions of dollars in survey costs alone. In order to secure tenure the LAB has had direct talks with the major banks, trust companies and title insurance companies. These institutions have looked at the regulations and been involved in the drafting process. The banks are very supportive that there will be a legal basis for the land tenure system under First Nation land codes. Several of the land title insurance companies are also interested in doing business on reserve once the regulations come into effect.

The draft land registry regulations were completed in November of 2005 and are being processed through the federal system. The new regulations are scheduled to come into effect in April 2007. Training will take place for land managers at INAC regional offices so that users will be able to train with the actual system interface. First Nations will have the option of using either a paper based system or an electronic system. The electronic system is web based and very similar to placing an order at on-line retailer: identify the user, complete the application to register or record, press “enter”; and scan or mail actual documents to INAC. Once the application is accepted electronically, a registration number is returned by e-mail. If the documents are as described in the application, that registration number is the final registration number. There is no cost for registering or recording any documents. The system is ready to go but cannot be used until the regulations are in place.

9. NATIONAL PARTNERSHIPS

9.1 Ongoing Relationship with Professional Organizations

One of the LAB’s earlier priorities was the creation of ongoing relationships with professional organizations. The RC was directed by the LAB to begin dialogues with the Federation of Canadian Municipalities, the Indian Taxation Advisory Board (ITAB) and the National Aboriginal Lands Managers Association (NALMA). These discussions led to protocol agreements with the last two professional organizations. The intent in both cases is to build support networks for 2005-2006 Annual Report Page 35 signatory First Nations and to begin to formally develop training and capacity building.

9.2 Municipal Aboriginal Issues Network (MAIN)

The Centre for Municipal Aboriginal Relations (CMAR) was established in 1997 through a Memorandum of Understanding (MOU) between the Federation of Canadian Municipalities and the Indian Taxation Advisory Board. The primary focus of CMAR was on local servicing agreements between First Nations and adjacent municipalities. Although CMAR was founded on solid principles, the Centre could not be sustained due to a number of factors.

Representatives of the LAB, ITAB, First Nations Finance Authority (FNFA) and Federation of Canadian Municipalities (FCM) met a number of times in the fall of 2004 to discuss the re-establishment of a body similar to CMAR. Out of these discussions it was agreed to seek funding for the development of an MOU between municipalities and national Aboriginal groups to be known as the Municipal Aboriginal Issues Network (MAIN).

The concept of MAIN expands the idea of the CMAR by going beyond a single issue with a structure flexible enough to build on the principle of working together with more partners and in particular involving urban aboriginal issues. It does not foresee a ‘bricks and mortar’ operation, but rather a virtual network with little administrative overhead. The main expense of the forum will be to bring policy makers together to discuss the common interests.

Proposals were drawn up by the FNFA and the FCM and presented to INAC and the Privy Council Office. Funding was obtained to hold three meetings to develop an MOU between the parties. The first two meetings were administered by the FNFA and the third meeting by the FCM.

At the initial meeting the potential partners to MAIN exchanged views on how MAIN could meet their specific interests. It was agreed by the partners to develop an MOU setting out the structure for MAIN and the expectations of the partners. It was felt that the partners should meet at least twice a year and that groups of partners would benefit from developing joint projects that would be supported by the network. The MOU and potential projects were discussed at the second and third meetings.

The current partners in this network include: LAB, FCM, ITAB, FNFA, the Financial Management Board, First Nations Statistics Board, INAC, Privy Council Office, National Aboriginal Housing Association, National Association of Friendship Centres and the Canadian Institute of Planners.

9.2 Federation of Canadian Municipalities, National Aboriginal Land Managers Association and the Indian Taxation Advisory Board

The LAB has always considered the improvement of Aboriginal –municipal relations to be a high priority. Since the inception of the Framework Agreement, First Nations have felt they needed the authority, recognition and ability to build and maintain their own direct relationships with municipal and provincial governments without restrictions imposed by the Indian Act. The Framework Agreement effectively removes INAC as the decision making authority over reserve lands and resources. This fundamental and significant change has put increasing emphasis on the need to coordinate land use planning and law development between First Nations and their municipal neighbors. In 2003 the LAB partnered with the Federation of Canadian Municipalities (FCM), NALMA, and the Indian Taxation Advisory Board on a joint project to promote relationship building. 2005-2006 Annual Report Page 36

This project is being coordinated by FCM. A total of 13 meetings have been held in 13 cities across Canada to February 2006.

The approach has been to invite municipal, First Nations and federal government officials together to discuss challenges, improve communication and to discuss particular instances where there have been successes in relations. The strategies, insights and valuable case studies from these sessions have been compiled and reproduced in a land management toolkit and resource guide. It is hoped that this publication and through further joint work with the project partners, respect and understanding of respective jurisdictions and challenges will be achieved.

Some case studies have shown that pooling assets, municipal governments and First Nations can sustain and make improvements to existing infrastructure and their local economy. Joint initiatives can reduce costs associated with service provision, promote economic development and build capacity for both First Nations and municipal governments. The LAB and RC are proud to be a part of this important project.

2005-2006 Annual Report Page 37 2005-2006 Annual Report Page 38

10. Audited Financial Statements 2005-2006 Annual Report Page 39 2005-2006 Annual Report Page 40 2005 -200 6 A nnu al Re port 2005-2006 Annual Report PagePage 3341

Appendix A: British Columbia 2005-2006 Annual Report Page 42

Appendix A: Alberta 2005-2006 Annual Report Page 43

Appendix A: Saskatchewan 2005-2006 Annual Report PagePage 43 44

Appendix A: Manitoba 2005-2006 Annual Report Page 45

Appendix A: Ontario 2005-2006 Annual Report Page 46

Appendix A: Quebec

2005-2006 Annual Report Page 47

Appendix A: Atlantic Provinces 2005-2006 Annual Report Page 48

Appendix D List of Exhibits

Exhibit 1 Options for First Nations Before the Framework Agreement

Exhibit 2 Options for First Nations After the Framework Agreement

Exhibit 3 Signatories to the Framework Agreement

Exhibit 4 Structure of the Lands Advisory Board and Resource Centre

Exhibit 5. LAB Mandate and Strategic Focus

Exhibit 6 Structure of the Resource Centre

Exhibit 7 Quarterly Support Services to Operational First Nations

Exhibit 8 Logic Model for the First Nation “Ratification” Process under the Framework Agreement

Exhibit 9 Quarterly Support Services to Developmental First Nations

Exhibit 10 Quarterly Support Services to Each Developmental First Nation

Exhibit 11 Support Services to Developmental First Nations by Province

Exhibit 12 Operational and Developmental First Nations by Province