FIRST NATIONS COMMERCIAL AND INDUSTRIAL DEVELOPMENT ACT INTRODUCED IN THE HOUSE OF COMMONS

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OTTAWA, ONTARIO, November 2, 2005- Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians Andy Scott introduced the proposed First Nations Commercial and Industrial Development Act today into the House of Commons.

This First Nation-led legislative initiative was developed in cooperation with five 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) who are concerned about the capacity of the Indian Act when it comes to commercial and industrial development projects on reserve.

Currently, there are several complex, large-scale commercial and industrial projects, collectively worth billions of dollars in revenue, proposed for development by First Nations across Canada. However, First Nations pursuing these projects are hindered by what have come to be known as “regulatory gaps.” The gaps in question exist because current federal legislation fails to provide the necessary tools for regulating such projects. These gaps contribute to regulatory uncertainty and can discourage investment, frustrating the objective shared by First Nations and the Government of Canada of expanding economic development on reserves.

The proposed First Nations Commercial and Industrial Development Act would provide the authority to make regulations needed to ensure these projects can move forward. It would allow the federal government to make, for a particular project on reserve lands, federal regulations that replicate the provincial regulatory regime. By enabling the development of these regulations, this approach would create a way to tap into the appropriate parts of a well-developed provincial system for large-scale and/or complex projects.

"FNCIDA will enable Fort McKay to create regulatory regimes that will allow completion of large scale projects that have been under negotiation for four years. This legislation will benefit all First Nations to negotiate projects on their reserves. We would like to recognize parliament for their support of our First Nations driven initiative." said Chief Jim Boucher of Fort McKay First Nation.

"The Indian Act never contemplated large scale commercial and industrial projects on reserve. But today, many First Nations - including the Squamish Nation, are pursuing these types of projects to create opportunities for their membership,” said Squamish Nation Councillor Harold Calla. “We believe that FNCIDA can be a valuable tool for First Nations to acquire the sophisticated regulatory regimes required to support economic development projects on reserve.”

“This legislation is an important piece of the puzzle needed for First Nations and developers to go ahead with major projects,” said Minister Scott. “Several First Nations across Canada are ready to begin major and complex commercial and industrial projects. This initiative will give developers the regulations they’ve been waiting for and will ultimately create more economic opportunities for First Nations.”

This legislation is part of the federal government’s commitment to improving First Nations’ opportunities for economic development. The development of project-specific regulations on a specified parcel of land on reserve would be triggered at the request of the First Nation through a Band Council Resolution. The department would then conduct an assessment of the proposed project to determine whether it supports the development of the regulations. An indication of community support for the specific project on the specific piece of reserve land would be required.

For more information, please contact:

Campbell Morrison, Press Secretary
Office of the Minister of Indian Affairs and Northern Development
(819) 997-0002

Tewanee Joseph
Communication Coordinator
Squamish Nation
(604) 230-3126

Backgrounder - Proposed First Nations Commercial and Industrial Development Act (FNCIDA)