The Framework Agreement on First Nations Land Management
A growing number of First Nation communities across Canada are replacing the restrictive and outdated lands-related sections of the Indian Act with their own land management framework developed in a community Land Code.
Kispiox too, is exploring the option of a community-based land management framework. This website is a tool to provide our members with information relating to First Nations Land Management and land code processes.
Where did it Start?
The Framework Agreement on First Nations Land Management (“Framework Agreement”) was signed in 1996 by an original 13 First Nations looking to opt out of the land management sections of the Indian Act.
The Framework Agreement:
- recognizes governance authority of First Nations over their reserve lands and natural resources.
- supports First Nations in replacing 44 sections of the Indian Act with their own community approved land code.
Today, 1/3 of First Nations across Canada are involved with the Framework Agreement, including Kispiox, who became a signatory in June, 2023.
What is the process?
We have signed the Framework Agreement and are “kicking-off” the Kispiox Land Code process. Developing a Land code is a multi-year, community – driven process characterized by distinct phases:
The Land Code process involves input from staff, leadership, and community members and uses a range of technical and legal expertise along the way.
Alongside the Land Code, two other important documents will be prepared:
- an Individual Agreement detailing the transfer of jurisdiction and administration of land from Canada to Kispiox.
- a Community Ratification Process to detail vote procedures.
Why develop a Land Code?
In assuming authority over reserve lands and natural resources First Nation communities have benefited from increased social and economic opportunities, including:
- more relevant, direct, and timely processes and decision-making.
- increased capacity from new responsibilities.
- new prospects for law-making and enforcement (including environmental protection laws).
However, implementing a Land Code is a commitment requiring dedicated staff, leadership, and community members. Increased responsibilities and authorities mean more work for all involved! Are we ready?
How does a Land Code get approved?
The Land Code does not come into effect unless the eligible voters of a First Nation vote to approve the Land Code and Individual Agreement. If the Kispiox Land Code and Individual Agreement are approved by membership, we will effectively be accepting land governance authority and jurisdiction, and if membership doesn’t approve the Land Code and Individual Agreement then we would continue under the Indian Act land management framework.
How do I learn more?
Below are some helpful resources to learn more. We will add to this list as more information becomes available.
Questions…
Contact Mag de Grace through the band office if you have questions about Land Code.