Lands Flashcards
What is ATR?
Add-to-reserve reprocess
What is treaty land entitlement?
Resolving outstanding land obligations to FN people who did not receive the reserve land to which they are entitled under treaty
Usually happened based on wrong population counts
What are some problems with claiming TLE?
Is it based on today’s population or when the treaty eas signed? What about future population increase? Will treaty obligations ever be filled? Not in treaties about land obligations but oral history states that there was a deal made.
What is the 76 formula?
Was made with a surplus in crown lands available because there wasn’t enough quality land available
What land can be purchased under the saskatchewan formula?
Under the NRTA agreement all crown lands, including minerals and natural resources, transferred to province with conditions. It has to be unoccupied. That there has to be a willing seller and buyer.
What does NRTA stand for?
Natural resource transfer agreement, founded in 1930
What are some issues with land claims?
Addressing third party interest, Tax loss compensation, who pays for what (federal vs. Provincial) and the current add to reserve process
What is SLC?
Specific land claims
Shortfall acres
The difference between the amount of cars they should have received and the number a reserve actually received
How do you calculate entitlement acres?
Calculate % of population that was missed, calculate # of population in the FN today, multiply two together
Credit is $262.19 per acre, are what is calculated above
How many FN Signed the land entitlement originally in 1992?
25
What is a specific land claim?
When a FN has had reserve land wrongfully or unfairly taken away by government.
This is a not treaty issue, so the province is not involved
What are some ways to get revenue from land?
Rental revenue, property tax revenue, business revenue, resource revenue
How do you decide if short fall is reached, how left over money should be allocates?
It doesn’t have to be reserve status, could be recreational land, economic development, housing
It is important to advance planning to guide selection process in the future
What is the add to reserve process?
Or ATR
Is th decision process of what to do with extra shortfall lands after entitlement is reached
What are the steps in ATR?
Sent plans to INAC OR BCR, the the province considers request, then natural resources Canada looks over the case, INAC does a environmental assessment, FN then addresses third party interest, then province sends package to INAC, then s meeting for transfer of title and mineral interest is made, then it goes to the minister who will either approve or Denies request
Process takes several years
Who owns the land?
The reserves are held by the crown for the use and benefit of the bands
What are the types of land regimes on First Nations lands?
Custom, Indian act, FNLMA, SELF-government
What is a custom band?
- members have traditional land holdings that the chief and council members accept
- often passed through family
- there is an absence of land, which has potential conflicts
- AANDC does not recognize this land system therefor no funding for you
this system generally works well in a community but not when said community wants economic development on reserve
What are the rules for land under the Indian act?
Section 28
Subject to deed, lease, contract, instrument, document our agreement of any kind. Whether written or oral, by which a band or member of a band has permission by another person of that bad to occupy the use of reserve land, also has any rights to void it
The minister me permit in writing authorization of any person to use the land for a period of one time
What is the purpose of the land management act?
Transfers land and resources to First Nations people, certain sections of Indian act apply, fn has powers and rights like an owner
What is the land code?
Every code I’d different, are developed for the needs of the FN
What does a land code address?
Land management, general rules, financial accountability, laws, conflict of interest rules, dispute process, procedures for granting interest in lands
Individual transfer agreement involves what?
Government to government agreement that outlays every ITA is spree toy negotiate and will be specific to each fn, will be apart of FNLMA,
Ratification
Land code and the ITA bust be ratified by the membership,
To get it over 50% have to be in favour
LAB
Land advisory board which helps FN develop land code
Self governing agreements
Means there is separate negotiation between the crown and each individual FN
FN opts out of the Indian act and manages their own lands
There is more flexibility
What is the new option for FN in land Settlements?
First Nations private ownership
Individual members can have the legal title ad reserve lands
