How does FNCIDA work?

The FNCIDA process can be divided into 4 steps, with most of the work happening in the beginning stages.

Step 1: Project Identification and Proposal

The First Nation develops a formal written proposal (including supporting documentation) to develop regulations under FNCIDA.
The First Nation, the AANDC Regional Office and other key stakeholders (e.g., outside investors) engage in initial exploratory project discussions.
The First Nation passes a Band Council Resolution requesting the development of regulations under FNCIDA.

Step 2: Project Review and Selection

The First Nation works with their AANDC Regional Office to complete a legal risk assessment and cost-benefit analysis of developing the regulations.
The First Nation works with AANDC to perform a thorough evaluation, including a detailed review of the project, its regulatory needs, the feasibility of using FNCIDA, the level of community support, and more.
AANDC decides whether or not to proceed with developing regulations under FNCIDA.

Step 3: Negotiation and Drafting

The First Nation starts preparing the project work plans, specifying required resources, key milestones, plans for engaging stakeholders (who, when and how), strategies for managing risk and timelines.
A tripartite agreement is negotiated and signed by the federal government, the province and the First Nation outlining roles and responsibilities, operational issues, performance indicators, reporting mechanisms, a dispute resolution process and costs.
The Minister of Aboriginal Affairs and Northern Development and the Federal Cabinet consider whether or not to approve the regulations.
Any required land tenure instruments are negotiated and put in place for lands to be leased or used for the project.

Step 4: Administration, Monitoring and Enforcement

The First Nation and its business partners start construction of facilities and infrastructure, and later operation of the project.
Administration, monitoring and enforcement of the regulations are conducted by the province as outlined in the tripartite agreement.
This step continues until the conclusion of the project, which ends with decommissioning and reclamation of the lands used in the project.

FNCIDA Implementation — Process Model Overview
Project Implementation Activities	Key Decisions and Outcomes
Step 1 Project Identification and Proposal	Develop formal written proposal with supporting documentation Engage in initial project discussions with the AANDC Regional Office and other key stakeholders (e.g., outside investors) Obtain Band Council Resolution requesting the development of regulations under FNCIDA.
Step 2 Project Review and Selection	AANDC Regional Office completes a legal risk assessment and cost-benefit analysis AANDC evaluates the project proposal, its regulatory needs, the feasibility of using FNCIDA, the level of community support, and other factors
Step 3 Negotiation and Drafting	Prepare project work plans, specifying required resources, key milestones, plans for engaging stakeholders (who, when and how), strategies for risk management and timelines Negotiate and sign a tripartite agreement between the federal government, the province and the First Nation The Minister of Aboriginal Affairs and Northern Development Canada and the Federal Cabinet consider approval of the regulations Negotiate and put in place any required land tenure instruments
Step 4 Administration, Monitoring and Enforcement	Start construction of facilities and infrastructure and start project operations The province, in keeping with the tripartite agreement, conducts administration, monitoring and enforcement of the regulations This step continues until the conclusion of the project, which ends with decommissioning and reclamation of the lands used in the project

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Date modified:: 2010-09-15