Frequently Asked Questions

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TABLE OF CONTENTS

FRAMEWORK AGREEMENT . 5
What is the Framework Agreement? . 5
How is the Framework Agreement ratified? . 5
What is land management? . 5
Can the Framework Agreement be amended? . 5
Is this part of aboriginal self-government? . 6
Will there be any impact on other self-government arrangements? . 6

ABORIGINAL AND TREATY RIGHTS . 6
Does the Framework Agreement affect Treaty rights? . 6
Does the Framework Agreement affect other Aboriginal rights? . 7
Does it affect other First Nations? . 7
Will the fiduciary relationship between the federal Crown and the First Nations . 7

PROTECTION OF FIRST NATION LAND . 7
Will First Nation lands be protected under the Framework Agreement? . 7

FEDERAL LEGISLATION . 7
Was federal legislation required? . 7
Can the federal legislation change the Framework Agreement? . 8
Was there a previous Bill in Parliament on this subject? . 8
Is this Bill an amendment to the Indian Act? . 8

FEDERAL RESPONSIBILITY . 8
Is there any continuing federal responsibility for First Nations lands? . 8
Who is liable for damages related to First Nation land? . 8
What happens to Canada’s fiduciary obligation? . 9

FIRST NATIONS INVOLVED. . 9
What First Nations are involved? . 9
Are other First Nations interested in joining this initiative? . 10

THE LAND MANAGEMENT PROCESS . 10
How does a First Nation take control of its lands? . 10
When is land management authority transferred to the First Nation? . 10
What is a Land Code? . 11
Is the Indian Act still relevant to a First Nation that has adopted a Land Code? . 11
What is an Individual Transfer Agreement? . 11

COMMUNITY PARTICIPATION AND APPROVALS . 11
Are First Nation members involved in developing a Land Code? . 12
Does the Land Code need community approval? . 12
Are off-reserve members involved? . 12
Is there a verification process? . 12

LANDS . 12
What lands are involved? . 12
Will the land management powers extend beyond the reserve boundaries to traditional First Nation
territories? . 13
Is First Nation land considered to be fee simple land? . 13
What resources are covered by the Framework Agreement? . 13
What resources are not included? . 13

FIRST NATION POWERS . 14
What is the legal status of a First Nation? . 14
Can a First Nation make laws? . 14
How will First Nation laws be enforced? . 15
What other powers will a First Nation have? . 15

THIRD PARTY INTERESTS . 15
What happens to existing third party interests under a Land Code? . 15
How will interests in First Nation land be recorded? . 15

ACCOUNTABILITY . 15
Is a First Nation council accountable to the members? . 15
How will accountability to the members be ensured? . 15

REVENUES. . 16
Can a First Nation generate its own revenues? . 16
What happens to revenues previously collected by Canada? . 16

TAXATION . 16
Will First Nation land be subject to taxation? . 16
Can a First Nation tax land under the Framework Agreement? . 16

FUNDING . 17
Is developmental funding available to a First Nation? . 17
Is funding available to a First Nation to operate under a Land Code? . 17

GENDER EQUITY . 17
Do men and women have equal rights in relation to First Nation land? . 17
What are the rules on possession of land if a marriage breaks down? . 18

LAND DEVELOPMENT . 18
Will First Nations be able to develop their land? . 18
Can First Nation land be mortgaged? . 18
Can interests in First Nation land be mortgaged? . 18
Will real and personal property be subject to seizure under legal process? . 18
Can First Nation land be sold? . 18
Can First Nation land be exchanged? . 18

ENVIRONMENT . 19
How will the environment be protected? . 19
What happens to existing environmental problems under the Indian Act? . 19

EXPROPRIATION . 19
Can First Nation land be expropriated by Canada? . 19
Can First Nation land be expropriated by a Province? . 20
Can a First Nation expropriate interests in First Nation lands? . 20
Can a Province or Municipality be exempt from First Nation expropriation? . 20

DISPUTE RESOLUTION . 20
How will community land disputes be resolved? . 20
How will disputes between a First Nation and Canada be resolved? . 20
Is the court system still available to resolve disputes? . 20

LANDS ADVISORY BOARD . 21
Who is the Lands Advisory Board? . 21
What does the Lands Advisory Board do?. . 21

PROVINCIAL RELATIONS . 21
Do Provincial Governments support this initiative? . 21

SUMMARY OF BENEFITS TO FIRST NATIONS . 22
What are the major benefits of the Framework Agreement to First Nations? . 22