Grant to implement the Framework Agreement on First Nation Land Management

Introduction

First Nation Land Management (FNLM) empowers First Nations to exercise their jurisdiction over the management of their reserve lands, resources and environment according to their own values and priorities while also enabling improved economic development. 

The First Nation Land Management grant will support First Nations that have opted-out of 44 sections of the Indian Act related to land management and have comprehensive law-making powers and responsibility over the management of their land, environment, and natural resources. Reserve lands operating under FNLM are subject to a community approved land code – a legal framework that sets out land and environmental governance, tenure, interests, and rights.

To support increased authority and decision-making powers First Nations take on under the Framework Agreement on First Nation Land Management Framework Agreement and the Framework Agreement on First Nation Land Management Act (FAFNLMA), financial arrangements need to provide maximum financial flexibility in order to deliver on longer-term community objectives related to lands and environmental management on reserve.

Legal and policy authorities

Dept. Of Indian Affairs and Northern Development Act, R.S.C., 1985, c. I-6, s.4 –M
Framework Agreement on First Nation Land Management
Framework Agreement on First Nation Land Management Act, S.C. 2022, c. 19, s. 121

Purpose, program objectives, expected results

The purpose of this transfer payment program is to enable recipient First Nations to carry out and manage the lands and environmental management responsibilities set out in the negotiated Framework Agreement which is given the full force of law by the FAFNLMA. As a form of sectoral self-government, First Nations operating under FNLM are better able to respond to community priorities related to lands, economic development opportunities and improved administration of land interests and tenure.

First Nation Land Management is an opportunity for First Nations to opt-out of 44 sections of the Indian Act and determine how their lands should be managed. FNLM aligns with Canada's commitment to the United Nations Declaration on the Rights of Indigenous Peoples.

An expected immediate outcome of FNLM is improved access to services and tools by First Nations to manage and develop their lands and resources. FNLM also contributes to the ultimate outcome of Indigenous peoples and Northerners determining their political, economic, social and cultural development.

Data collected to track results and delivery targets include:

• annual reports from Indigenous organizations and stakeholders
• internal program data collected in partnership with Indigenous organizations
• periodic departmental evaluations

A key performance indicator is the number of First Nations adopting alternatives to the Indian Act. FNLM falls under the rights and self-determination core responsibility of Crown Indigenous Relations and Northern Affairs Canada (CIRNAC).

Eligibility

Type and nature of eligible expenditures

Expenditures consistent with one-time and ongoing activities, programs and services required to manage lands and environmental activities by the recipients as agreed-upon within the Framework Agreement on First Nation Land Management and given the full force of law by the Framework Agreement on First Nation Land Management Act.

Total Canadian government funding and stacking limits

Maximum funding by CIRNAC and total maximum federal government assistance is 100% of initiatives that support lands and environmental programs, services delivery, decision-making and law-making by the eligible recipient up to the maximum funding limit determined by a funding methodology as agreed-upon in accordance with the Framework Agreement on First Nation Land Management and given the full force of law by the Framework Agreement on First Nation Land Management Act.

Method for determining the amount of funding

The amount of annual funding payable to each First Nation is determined by a funding methodology negotiated in accordance with section 30.3 of the Framework Agreement on First Nation Land Management.

Maximum amount payable

The maximum amount payable is determined by the funding methodology negotiated in accordance with the Framework Agreement on First Nation Land Management and given the full force of law by the Framework Agreement on First Nation Land Management Act.

Basis on which payments will be made

Grants are paid in a once a year lump sum payment on the basis of a First Nation having enacted a land code in accordance with the Framework Agreement on First Nation Land Management. Payment of the full amount is required to support the jurisdiction First Nations take on under the Framework Agreement on First Nation Land Management and the Framework Agreement on First Nation Land Management Act, and recognize that financial arrangements need to provide maximum financial flexibility in order to deliver on longer-term community objectives related to lands and environmental management on reserve.

Application requirements and assessment criteria

Only First Nations may apply. First Nations must satisfy the criteria to become named signatories to the Framework Agreement on First Nation Land Management, and have completed the development of a land code, the community approval process and have opted-out of the lands provisions of the Indian Act as per the Framework Agreement.

Due diligence and reporting

To support a reduction in the reporting burden, performance measurement data will be collected using various methods and sources. Recipient requirements will be set out in departmental recipient reporting documents. Frequency of reporting will be based on recipient risk.

Official languages

Where a program supports activities that may be delivered to members of either official language community, access to services from the recipient will be provided in both official languages where there is significant demand and part IV of the Official Languages Act is applicable.

Intellectual property

Where a grant is provided for the development of material in which copyright subsists, conditions for shared rights will be set out in the funding agreement.

Other terms and conditions

None