AANO Committee Report

RECOMMENDATION 1

That Aboriginal Affairs and Northern Development Canada and Environment Canada, in collaboration with First Nations, take immediate steps to develop an action plan to address the environmental regulatory gap on reserves to be tabled before this Committee by 31 March 2015; and that the plan include measures to strengthen existing penalties for environmental violations under the Indian Act, community capacity for environmental management and remediation, and that it identify specific areas of legislative and regulatory development.

RECOMMENDATION 2

That Aboriginal Affairs and Northern Development Canada, in collaboration with First Nations, take immediate steps to identify legislative and policy proposals to address the restrictive aspects of the Indian Act land management regime and associated departmental policies and practices, and table an action plan before the Committee by 31 March 2015, with a focus on:

• Exploring mechanisms to enhance land use planning capacity on reserves;
• Allowing First Nations the option of lifting restrictions placed on the use of property as collateral under the Indian Act;
• Modernizing the current system of Indian lands registration system;
• Streamlining departmental procedures as they relate to the leasing of reserve lands to third parties by reducing approval requirements and developing templates for reserve land leases; and,
• Establishing a process, with interested First Nations, to formally document and register privately held interests, such as customary land holdings.

RECOMMENDATION 3

That Aboriginal Affairs and Northern Development Canada take the necessary steps to extend the application of the First Nations Land Management Act with a focus on:

• Ensuring that First Nations currently operating under the Indian Act land management regime are provided with the training necessary to transition to the FNLMA in a timely manner;
• Ensuring that the current signatory First Nations to the FNLMA regime are provided with the support necessary to become fully operational and to meet the increased requirements of the regime, including developing their land codes; and
• Addressing, on an urgent basis, the backlog of applicants currently awaiting entry to the FNLMA regime, and exploring, in collaboration with the First Nations Lands Advisory Board, financing options to allow for greater First Nations’ participation in the regime.

RECOMMENDATION 4

That the federal government continue to explore options to allow First Nations living on reserve to obtain, on a voluntary basis, the benefits of private property ownership.

RECOMMENDATION 5

That Aboriginal Affairs and Northern Development Canada, in collaboration with First Nations, and where appropriate, local governments, explore legislative proposals to allow for pre-reserve designations on lands selected by First Nations for conversion to reserve status; and.

That Aboriginal Affairs and Northern Development Canada take immediate steps to review its 2001 Additions to Reserves Policy, with a view to:

• streamlining procedural requirements;
• reducing processing times; and
• addressing stakeholder concerns.