Caveat : Forward Thinking Statement : Caveat
2020 A.D.E. SINCE TIME BEGAN : salus populi suprema est lex - the right of the people is the supreme law : IN TRUTH WE TRUST 2020 A.D.E.
ETC 2 3 4 5 as related to the void Hudson's Bay Company Charter Fitzgerald Examinations / Examine : 1613 : Plantagon : Yuquot : BC : Utrecht
CERTITUDE : THE CANADA INDIAN ACT : CERTITUDE
BRITISH COLUMBIA LEASE REGULATIONS
A total of 1,342 Canadian mining and exploration companies had CMAs valued at $271.6 billion in 2018, a 4.0% increase from $261.2 billion in 2017. Of these companies, 650 had CMAs located abroad worth $174.4 billion, which was up 3.6% from the 2017 value of $167.4 billion.
INTERACTIVE MAP : TRAINER'S MANUAL : EXPLORATION GUIDE : PARTNERSHIPS
First Nations across Canada are increasingly interested in developing complex commercial and industrial development projects on reserve, such as factories, mines or condominiums. Canada and First Nations share the goal of ensuring such projects are well regulated to protect the environment, as well as health and safety. Yet federal laws do not fully regulate these type of projects on reserve lands.
The First Nations Commercial and Industrial Development Act (FNCIDA) allows the federal government to make regulations for complex commercial and industrial development projects on reserves. Federal regulations are only made under FNCIDA at the request of participating First Nations. The regulations are project-specific, developed in cooperation with the First Nation and the relevant province, and only apply to the particular reserve lands described in the project. For more information visit our page on FNCIDA.
The Regulatory Gap
Increasingly, First Nations across Canada are developing plans for complex commercial and industrial development projects. A lack of adequate regulations for such development on reserve land leads to regulatory uncertainty that can discourage investment in such large projects and hinder economic development.
The First Nations Commercial and Industrial Development Act
The First Nations Commercial and Industrial Development Act (FNCIDA) was introduced in the House of Commons on November 2, 2005, and came into force on April 1, 2006. This legislation was needed to close the regulatory gap on reserves and allow complex commercial and industrial projects to proceed.
FNCIDA allows the federal government to produce regulations for complex commercial and industrial development projects on reserves. The Act essentially provides for the adoption of regulations on reserve that are compatible with those off reserve. This compatibility with existing provincial regulations increases certainty for the public and developers while minimizing costs.
Federal regulations are only made under FNCIDA at the request of participating First Nations. The regulations are project-specific, developed in cooperation with the First Nation and the relevant province, and are limited to the particular lands described in the project.
These regulations allow the government to delegate monitoring and enforcement of the new regulatory regime to the province via an agreement between the federal government, the First Nation and the province.
This First Nation-led legislative initiative was developed in cooperation with five partnering First Nations: Squamish Nation of British Columbia; Fort McKay First Nation and Tsuu T'ina Nation of Alberta; Carry the Kettle First Nation of Saskatchewan and Fort William First Nation of Ontario. All five partnering First Nations passed Band Council Resolutions in support of the legislative initiative, and some have advanced plans for various commercial or industrial projects using FNCIDA, including a wood fibre optimization plant in Fort William and a land title and strata property regulatory regime project in Squamish.
In 2010, FNCIDA was amended by Bill C-24, the First Nations Certainty of Land Title Act. The amendments to FNCIDA allow on-reserve commercial real estate projects to benefit from greater certainty of title. The amendments will allow First Nations to request that their on-reserve commercial real estate projects benefit from a property rights regime, including a land title system and title assurance fund, identical to the provincial regime off the reserve. The certainty of land title granted by such a regime would increase investor confidence, making the value of the property comparable with similar developments off the reserve. The Squamish Nation, a strong supporter of the legislation, is already taking advantage of the changes, with plans to build condominium units on reserve land in West Vancouver.
Benefits
FNCIDA opens up many opportunities for economic development projects that will generate prosperity for First Nations and create much needed jobs.
Investors will have greater certainty about the regulations involved in developing major commercial or industrial projects on reserve, improving First Nations' prospects for attracting major capital investment. First Nations will benefit from a greater potential rate of return from their investments and from increased employment and business opportunities on their reserves. Provinces benefit from uniformity of regulations concerning major commercial and industrial development within their borders. Major commercial and industrial projects on reserve will be appropriately regulated to address health, safety and environmental considerations.
By providing for regulatory certainty, FNCIDA is helping to more effectively balance economic development with environmental protection and social policy goals, promoting the sustainable use of reserve lands and resources for future generations. Also, major commercial and industrial projects contribute to the economy of the surrounding region, increasing employment, generating tax revenue and benefitting all Canadians.
What Information is Available
- How does FNCIDA work? : NOTE : THIS IS IMPORTANT TO READ - PROCEDURES EXPLAINED BY STEPS
- Process, Roles and Responsibilities
- Checklist for First Nations
If you are interested in FNCIDA and would like further information, please contact the Aboriginal Affairs and Northern Development Canada regional office closest to you or call 1-800-567-9604.
Indigenous Participation in Mining Information Products
Learn more and read our information products on Indigenous participation in exploration and mining, and view our tools for capacity-building and sound decision-making.
Aboriginal Participation in Mining (1.05 MB) – an information bulletin focusing on common issues related to Aboriginal peoples and communities involved in mining, including environmental practices, business and career opportunities.
Interactive Map of Indigenous Mining Agreements - provides information on exploration projects and producing mines, the Indigenous communities signatory to agreements and the types of agreements negotiated.
Guide to exploration and mining for Aboriginal communities – provides basic explanations on the mining sequence from exploration to mining closure, including the regulatory process, socio-economic opportunities and successful partnerships.
Trainer’s Manual – this guide will help a trainer/teacher deliver information sessions using the Exploration and Mining Guide for Aboriginal Communities as a workbook.
Mining Essentials: Training for Aboriginal Peoples – provides an overview of the vast career choices and opportunities, and provides practical information aimed at attracting Aboriginal men, women and youth to seek rewarding careers in the mining industry.
Partnership Agreements — fact sheets that highlight leading practices for collaboration between Aboriginal communities or groups and the mining industry.
Other Links
For further information and resources on Indigenous participation in mineral development see the following links.
- Canadian Aboriginal Minerals Association
- Canadian Council for Aboriginal Business
- Canadian Institute of Mining, Metallurgy and Petroleum, The
- Communities and Small-Scale Mining (World Bank)
- Council for the Advancement of Native Development Officers
- Aboriginal Skills and Employment Training Strategy
- Aboriginal Affairs and Northern Development
- International Council on Mining and Metals
- Mining and Community (World Bank)
- Mining Association of Canada, The
- Mining Industry Human Resources Council
- Prospectors and Developers Association of Canada: Aboriginal Affairs
- Mining Essentials: Training for Aboriginal Peoples
Indigenous and Northern Affairs Canada (INAC) has a statutory authority and responsibilities with regard to mines and minerals as defined in legislation. Historically and geographically the mining regimes are separated as South of 60 and North of 60 as provincial, territorial and federal regulatory frameworks and mineral rights vary across the country.
South of 60
The Indian Act and the Indian Mining Regulations provide for disposition of reserve minerals. Some Federal-Provincial mineral agreements may affect the administration of minerals on First Nations reserve lands and the benefits from their disposition. The development of surface materials, such as sand and gravel is governed by policy and the Guidelines for Unconsolidated Non-Metallic Substances on Reserve Lands that offer direction for the taking, disposition and removal of such minerals, providing for informed decisions and planning strategies. In carrying out its fiduciary obligations INAC is generally providing a climate that enables First nations to develop and manage their own mineral resources by assisting them to maximize the benefits, ensuring prudent and safe mining management and promoting good environmental stewardship.
INAC and its regional offices assist the First Nations with developing the instruments used for mineral disposition in the form of permits and leases specifying the terms, conditions and legal contractual obligations for all parties. Regional summaries of the 1990 Mineral Resource Potential of Indian Reserve Lands report, as well as the national summary, explain the mineral potential on reserve lands in each province and territory.
For more information, please contact INAC's Public Inquiries Contact Centre.
North of 60
Crown lands in Nunavut and the Northwest Territories are managed pursuant to the Territorial Lands Act and its related Regulations. In the northern territories sub-surface lands include hard-rock minerals, precious gems and coal. The rights to these materials are administered through the Nunavut Mining Regulation, the Northwest Territories Mining Regulations and the Territorial Coal Regulations. There is a distinction between sub-surface minerals and surface mineral substances that have specific purposes such as carving stone and building materials. These special use surface minerals are administered through the Territorial Quarry Regulations.
Starting from April 1, 2014, land and resource management responsibilities in the Northwest Territories will be devolved to the Government of the Northwest Territories. The new territorial mining regulations are expected to substantially mirror the federal mining regulations. However, the federal Northwest Territories Mining Regulations will continue to apply to certain specific parcels of lands in the Northwest Territories. These lands are listed in Schedule 4 of the Northwest Territories Devolution Agreement
Related links
The Minister issues leases to non-band members. Leases are issued on behalf of the First Nation or individuals holding Certificates of Possession, and must comply with all federal laws and First Nation by-laws.
The Minister may lease land in lawful possession of a band member to a third party. Such a lease is sometimes called a locatee lease. The Indian Act does not specifically provide for First Nation input into the issuance of locatee leases. However, the Department recognizes that First Nations have an important interest in the use and development of reserve lands, including those lands that have been allotted to members. The Department gives Band Councils an opportunity to express their views on all proposed locatee leases. For more information see the new Locatee Lease Policy and Directive.
A lease may be subleased to another party. Subleases must follow all of the terms of the original lease (known as the head lease) as well as comply with all federal laws and First Nation by-laws.
A permit is the right to use reserve lands in a limited, specific way for a defined period of time. For example, permits are issued for rights of way to run power lines, for agriculture, or to remove clay, sand, gravel or wild timber. While a lease grants exclusive possession of a parcel of land, a permit does not. More than one permit may be issued over the same parcel of land provided the uses are compatible. Permits are approved by the First Nation and issued by the Minister of Aboriginal Affairs and Northern Development.
For more information see the Lands Management Manual (Chapter 6) (PDF Version, 56 KB, 32 pages).
First Nations Land Management
The First Nation Land Management regime provides certain First Nations with powers to manage their reserve land and resources under their own land codes. The sections of the Indian Act dealing with land, resources and environment no longer apply to First Nations operating under their own land codes. For more information visit First Nations Land Management.
Commercial and Industrial Development
First Nations across Canada are increasingly interested in developing complex commercial and industrial development projects on reserve, such as factories, mines or condominiums. Canada and First Nations share the goal of ensuring such projects are well regulated to protect the environment, as well as health and safety. Yet federal laws do not fully regulate these type of projects on reserve lands.
The First Nations Commercial and Industrial Development Act (FNCIDA) allows the federal government to make regulations for complex commercial and industrial development projects on reserves. Federal regulations are only made under FNCIDA at the request of participating First Nations. The regulations are project-specific, developed in cooperation with the First Nation and the relevant province, and only apply to the particular reserve lands described in the project. For more information visit our page on FNCIDA.
You may also be interested in:
- The Indian Act
- The Land Management Manual (PDF Version, 1.65 MB, 655 pages): Provides technical information, procedures and policies used in the Department to manage reserve land.
