Introduction to the Developmental Phase from 2006 – 2009
Framework Agreement on First Nations Land Management
The Henvey Inlet First Nation (HIFN) Land Code Committee started the process of implementing a Land Code for the community as one of the steps in transferring land management authority from Indian and Northern Affairs to the Band under the Framework Agreement as ratified by the First Nations Land Management Act (FNLMA). The process formally began in 2006 when Henvey and the First Nations Land Management Resource Centre signed a Community Action Plan agreement on April 1st, 2006.
The Framework Agreement provides guidelines First Nations are required to follow to complete the land code process such as outlined below:
Drafting a Land Code:
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Identifying the First Nations Land to be managed by HIFN.
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Sets out general rules and procedures for the use and occupation of lands.
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Provides the procedures for making and publishing new First Nation Land Laws.
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Provides financial accountability for revenues from the land (excluding oil and gas revenues, which stay under federal law).
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Provides a community process to develop rules and procedures for Matrimonial and Real Property Laws and Estate Laws, and other Lands related matters.
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Identifies a dispute resolution process.
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Allows the delegation of land management responsibilities.
Environmental Assessment:
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To ensure all HIFN Lands are clean of contaminants before transfer.
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If contaminants are found in this first phase of the Environmental Assessment, it is the Minister’s responsibility to have the sites cleaned up.
Individual Agreement:
An Individual Agreement between Henvey Inlet First Nation and the Minister will be negotiated to deal with the following matters;
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The reserve lands to be managed by HIFN, reserve lands which are described in the legal land descriptions to be completed by Natural Resources Canada.
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The specifics of the transfer of the administration from Canada to HIFN.
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The developmental and operational funding to be provided by Canada to HIFN for land management.
Community Ratification Process
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HIFN members 18 years and older vote to ratify the Land Code and Individual Agreement before HIFN can assume control over its lands. The community ratification process has a provision for the role of a Verifier to oversee the voting process.
Verification
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An independent person (Verifier) has been selected by HIFN and Canada to confirm the Community Ratification Process and Land Code are consistent with the Framework Agreement.
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The verifier monitors the community ratification process to ensure regulations are followed.
Transfer of Land Management:
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If HIFN does ratify the Land Code and Individual Agreement, management control over FN land and resources is transferred from Indian Act control to HIFN. The transfer of management authorities does not alter the title of Reserve lands. It remains registered in the Band’s name in the Land Registry nor does it cause or cure land title issues that must be settled via the Land Claims process.
Where is HIFN in this process?
Since September 2006, the Land Code committee went through three readings of a Draft Land Code. The committee of seven (previously 9) HIFN members drafted and edited the Land Code to suit HIFN. The final draft Land Code was ready for Band Members to examine in 2009. Community consultation was ongoing throughout the process.
HIFN also completed an Environmental Assessment. The documents are available for viewing at the Land Code Office. The first phase identified the location of environmental contaminants such as derelict vehicles or environmental toxins from a dump site. The second phase will correct or remove identified contaminants or environmental hazards.
Contact: Land Code Office: (705) 857-1727 / 1729 or Toll free: 1 (877) 257 – 1727
