Aboriginal Affairs and Northern Development Canada
www.aandc-aadnc.gc.ca
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Land Management
The land management function of Aboriginal Affairs and Northern Development Canada (AANDC) involves the provision of land management services to over 600 First Nations and covers 2,366 reserves with 2.7 million hectares of reserve land across Canada. The legal framework for First Nations lands has been provided by the Constitution acts of 1867 and 1982, the Indian Act, treaties and other federal statutes.
Program Goals
- To manage land-related statutory duties under the Indian Act.
- To transfer land management services to First Nations.
- To develop First Nation land management capacity.
Description of Operations
Most land management authorities have been delegated to regional offices. Regions and districts are responsible for performing the following duties under the Indian Act.
- Approve the allotment of individual land holdings.
- Prepare transactions for reserve surrenders, designations and expropriations, including the related submissions to the Governor in Council.
- Manage additions to reserve proposals. This includes giving agreement in principle and preparing the submission for the Governor in Council to set apart the land as a reserve.
- Review and approve land transactions among band members on reserves.
- Negotiate (with the First Nation), prepare and execute leases, licences and permits to non-Indians on reserves.
- Monitor leases, licences and permits in place on reserve land.
- Provide advisory services to First Nations performing land management tasks.
- Manage the Regional Lands Administration Program (RLAP) and 53/60 (named for the section of the Indian Act which authorizes the delegation) programs. First Nations participating in these programs administer land management transactions instead of regions/districts.
Headquarters is responsible for performing the following functions.
- Distribute RLAP and 53/60 funding to the regions annually.
- Provide advice and policy interpretation to regions.
- Co-ordinate and fund land management training. The Lands Management Training Program has been delivered to over 200 First Nations land management staff.
- Develop and review training courses and materials.
- Provide land management tools (systems, manual) for First Nations and regions.
Policy Development
The following tasks are performed:
- Develop policies for the administration of reserve land under the Indian Act, and for the creation of new reserves or the expansion of existing reserves under royal prerogative, in consultation with First Nations and other sectors of the Department.
- Maintain and update the Land Management and Procedures Manual, which provides guidance to field staff in the area of land management.
- Assist First Nations and other sectors in developing alternative legislative initiatives to the Indian Act.
- Develop strategies to support the transfer of land functions to First Nations. Provide advice and instructions on land issues in litigation.
- Co-ordinate responses to other government initiatives which impact on Indian lands.
- Provide executive and ministerial support in the form of briefings, correspondence and issue management.
Land Management Transfer
The transfer of land management to First Nations is a priority. This supports AANDC's goal of strengthening Aboriginal communities and building new partnerships.
First Nations participating in the RLAP and 53/60 programs perform statutory duties instead of AANDC. These programs also build First Nation capacity in the area of land management.
