Good afternoon.
I'm pleased to provide you with an overview of the legislative proposal to enact the addition of lands to reserves and reserve creation act, clauses 675 to 685 of the budget implementation act.
This is an act to facilitate the setting apart of lands as reserves for the use and benefit of first nations. First, I will provide some brief context for the legislation.
Land is core to the identity of indigenous people. It is their greatest asset and provides the foundations for first nations to contribute to their own self-determination and self-sufficiency through community and economic development. Additions to reserves and reserve creation are part of the Government of Canada's overall efforts to help advance reconciliation from historical practices and honour commitments.
There are currently over 8.8 million acres of reserve land in Canada. Canada's historical practices of administering reserve land under the Indian Act and non-fulfillment of treaty obligations have left first nations with thousands of legacy land issues, including boundary disputes, environmental contamination and unexploded ordnance from military activity.
Over four million acres of reserve land is still owed to first nations, stemming from legal obligations in historical treaties and settlement agreements. Land requirements are also increasing to accommodate community population growth, demand for new housing and public infrastructure.
First nations are progressively interested in adding on to reserves to take advantage of economic development opportunities, in particular in urban areas. The current process of adding land to reserve is complex and time-consuming, with many additions to reserve taking over five years to process.
The proposed legislation is largely administrative in nature and has been called upon by first nations leaders and organizations such as the Assembly of First Nations, the National Aboriginal Lands Managers Association and the National Indigenous Economic Development Board. It also follows feedback from engagements with first nations communities and organizations, leading up to and following the release of the 2016 policy on additions to reserve, in response to the need for additional tools and improvements to streamline the additions to reserve and the reserve creation process. In addition, the proposal reflects recommendations made by the Senate and House standing committees' reports.
Specifically, the changes propose to extend the same benefits that are currently only available in the prairie provinces to all first nations in Canada, for all types of reserve creation or addition to reserve proposals. The proposed changes are part of a number of actions the government is taking to support first nations' efforts to increase their reserve land base. This includes the adoption of the additions to reserve policy in 2016. These changes include repealing the Manitoba, Alberta and Saskatchewan claim settlements implementation acts, and consolidating them into one piece of legislation that would be extended nationally. The proposed legislation would incorporate the best aspects of these acts into national legislation.
The legislation would also authorize all additions to reserve to be approved by ministerial order, rather than Governor in Council, which will result in more timely decisions. It will also better facilitate economic development on reserve land by enabling first nations to designate or zone the land prior to transfer, therefore facilitating the transfer of third party interest through leases or permits prior to lands being added.
The proposed legislation will also authorize the minister to sign off on all statutory easements granted under the Indian Act that it required to address third party interests such as hydro utilities and pipelines that are related to an addition to reserve, rather than having these go to Governor in Council.
The minister will also be able to sign off on voluntary land exchanges in relation to corresponding additions to reserve. The ability to prepare paperwork before reserve creation, which is a lengthy and complex process, and the shortening of the decision-making process will provide access to economically viable lands and resources to first nations in a more efficient manner. As a result, the proposed legislation will better facilitate economic development on reserve land, allowing first nations to operate at the speed of business.
Thank you.