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