Evidence of meeting #26 for Indigenous and Northern Affairs in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was management.
A recording is available from Parliament.
Senior Advisor, Capacity Building, Training and Professional Development, First Nations Lands Management Resource Centre
We give examples. We give a lot of examples.
Advisor, Capacity Building, Training and Professional Development, First Nations Lands Management Resource Centre
I'd like to add something to that.
One of the units on environmental governance talks about reserve operations. Reserve operations are things such as road and bridge maintenance, and groundwater and drinking water assessments. As a lands governance director, you're not directly responsible for the operations side of it, but there is a responsibility to ensure that your own departments are using the best practices.
We have a unit that says, “Here are some best practices on applying road salts to protect your environment”.
Chairman, First Nations Lands Advisory Board
For the third question, maybe I can refer right to the legislation itself. Subsection 4(1) of the First Nations Land Management Act says,
The Framework Agreement is hereby ratified and brought into effect in accordance with its provisions.
The provisions contained therein are some of the obligations Canada has to honour. If you look at part six of the framework agreement, for example, that deals with the whole issue of funding. As long as moneys can be appropriated by Parliament, then they are to be negotiated and put into effect. The key component there is funding and any of the other provisions contained within the framework agreement is an obligation and is reflected in the legislation.
Conservative
The Chair Conservative Chris Warkentin
Thank you.
We're out of time, but we want to get all of these answers on the record because we—
Chair, First Nations Lands Management Resource Centre
I would like to quickly answer madam's question about off-reserve influences with respect to the environment.
In our first nation over the last number of years, we've developed an emergency measures plan that identifies how we respond particularly to environmental issues and concerns that threaten the community. Those might be water, air, or other things including transportation of dangerous goods.
To give that some credibility, we also have mutual aid agreements with neighbouring jurisdictions.
Conservative
The Chair Conservative Chris Warkentin
Thank you.
I think you've actually answered some of the questions that were lingering on this side as well.
I'm going to jump in now and take my chair's prerogative, as I'm known to do from time to time.
First, I have just a technical question. Is there a way we could get a copy of that chart of the comparisons of the two programs? I know it would be helpful for our analysts as well, if you could have that sent over to us. Thank you.
I have a general question.
Obviously, Chief Louie and Chief Bear, in many respects you have been the pioneers of moving forward within the First Nations Land Management Act regime. I should first state that I understand that every community, as it goes into the regime, is different with regard to what it's going to choose to do and how it's going to choose to apply the regime in its own community. There are differences across this country on that.
Do you sense that the cost of moving into the regime is going down compared to what it would have been for the first adherence or the first signatories to the regime?
Do you see that going down because the trail's been blazed by other communities?
Chairman, First Nations Lands Advisory Board
Absolutely.
We do see that there has been a reduction. We see that because of all of the precedents that have been set, we do not have to redo and reset the whole wheel. A lot of the cogs in that wheel are already set. They're available for the first nation to use. We're now finding timeframes being reduced, and that's why Dr. Powell mentioned that perhaps as soon as six months from entry, a first nation can considerably pass a land code.
If everything were all lined up the way it should be, and if Parliament supported the fifth amendment to the agreement, that would help cut down that timeframe, and the reduction in time would save huge amounts of moneys.
Conservative
The Chair Conservative Chris Warkentin
I guess the next question is answered. That would reduce the time as well.
That's helpful.
I find it interesting that when I speak to other first nations leaders across the country who have reservations about moving into the regime, they don't have all of the information or they have misguided ideas as to what the regime exactly consists of.
Is there a portal or a place people who are interested in it, but who don't want to get entirely involved, can go? Are there technical experts out there who can be available to those people who might be looking for information or who are looking for clarification on the regime?
Executive Director, First Nations Lands Management Resource Centre
We do get questions, either through the resource centre or directly to Chief Louie, Chief Bear, and the other LAB directors across the country, from first nations that are just asking to understand it and are not necessarily ready to put in a BCR, or band council resolution, to join. It happens quite regularly.
Conservative
The Chair Conservative Chris Warkentin
Right, and do you find that.... Well, I guess every circumstance would be different. I guess what the question might be is, are there consistently ideas or reservations with regard to the regime?
Executive Director, First Nations Lands Management Resource Centre
There haven't been in the past because the level of funding for the majority of first nations was only $85,000, which really would cover maybe the cost of half a lands manager and half a legal adviser.
Because of the signing of the memorandum of understanding with Minister Duncan and the operational funding tiers one, two, and three now being set, we can say to first nations, yes, they qualify at $204,000, or $256,000, or $317,000. These having been set, obviously $204,000 is far more intriguing than $85,000, because you have to deal with the legal liability that comes with you taking on the decision-making. I think that's a vast improvement and will move it quickly.
Chairman, First Nations Lands Advisory Board
Yes, and also, I think, the reservations are about training. I think we've heard from many first nations that they don't feel they're ready, but the more they see the things we're doing right now with our group here, I think that will spur on many of the first nations, and they won't be so concerned, maybe, about the capacity-building.
We've proven that one doesn't have to be fully trained to enter this process—you can take your steps as you see fit. But this certainly provides an edge, and we believe that the more first nations see the training being available and the professional development and all of this being at their fingertips, the more readiness will happen. We believe strongly that the growth of demand here in Canada for first nations is going to be astronomical.
Chair, First Nations Lands Management Resource Centre
Just to further answer that, many first nations—and I've heard the chiefs and elders speak—endeavoured to do this not because of any kind of incentive, such as that there may be funding available for land management, or that the funding may be greater than when they were under the Indian Act. In most cases, they did it for a very fundamental reason, a principle, and that was to put aside the Indian Act. They didn't want the Indian Act governing their lands and resources any longer. They wanted to be the decision-makers and they want to created opportunities to which the Indian Act was an obstacle.
The second part is that they didn't do it for the money. If they had the chance to do it again, they would do it for the very same reasons. There is not a single first nation that I've talked to that has said, “We made a mistake and we want to go back to the Indian Act”. There is not a single one.
Advisor, Capacity Building, Training and Professional Development, First Nations Lands Management Resource Centre
This is just a clarification question, actually—
Advisor, Capacity Building, Training and Professional Development, First Nations Lands Management Resource Centre
Would you like the one-page chart or the full document?
Advisor, Capacity Building, Training and Professional Development, First Nations Lands Management Resource Centre
You don't want to read 35 pages...?
Advisor, Capacity Building, Training and Professional Development, First Nations Lands Management Resource Centre
Just to go to a point that was made here very early on, it would have been lovely to have access to the online resources. They're secure, but we would be able to give you screenshots, if that would be helpful for you to see what's contained in the environments. So we can't actually give you access, but we could capture them in screenshots if that would be helpful for the analysts.
