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
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