Indigenous and Northern Affairs Committee on Oct. 6th, 2011

[Andrew Beynon]

On the FNLM regime, there's the Department of Aboriginal Affairs and Northern Development Canada website, which has some information. I would suggest, though, that the best avenue for contact is through the resource centre that works with the Lands Advisory Board.

[The Chair, Conservative, Chris Warkentin]

Thank you, Mr. Rafferty.

Mr. Rickford.

[Greg Rickford, Conservative, Kenora, ON]

Thank you, Mr. Chair.

Now for what keeps me up at night, ladies and gentlemen. I have been looking at the legislative agenda for the next year. I'm starting to see a constellation of policy platforms that are focusing on lands modernization for economic development as an umbrella statement. This includes a lot of things. Indeed this committee has already been dealing with specific land claims. Land tenure reform is going to fit into modern forms of land ownership. We heard another colleague and fellow lawyer talk about fee simple.

Could you highlight possible topics of study for land modernization and sustainable economic development? We're hearing a lot of substantial questions about the environment and the gaps.

Furthermore, I would appreciate it if you could give us a sense of what you believe the recommended background briefings might be. This would help us in our scheduling. I may interject, but I'll try my best not to. Take it away.

[The Chair, Conservative, Chris Warkentin]

I hope there'll be no interjections.

[Greg Rickford, Conservative, Kenora, ON]

Go ahead.

[Andrew Beynon]

You're right, there are a wide variety of issues under this general rubric of land tenure or lands modernization. We would be pleased to come back and discuss these topics with committee members. In fact, it may be best to get back with a bit of a suggested list. I'd hit a few examples and I'll ask my colleagues to add as well.

One of them would be sustainable economic development. It's important to proceed with economic development, but we need to balance that with an appropriate management of the environmental issues. There is a current environmental regulatory gap on reserve for most first nations. That is one subject matter that I would suggest merits consideration.

The second is land tenure itself, the nature of ownership on reserve. As you suggest under lands modernization, there are various first nations groups that are raising for consideration a variety of options. FNLM is an opt-in regime. It would apply only if first nations want to pursue that avenue. Some other first nations are suggesting that there may be a different avenue that would involve fee simple ownership of reserve lands.

[Greg Rickford, Conservative, Kenora, ON]

I assume you're going to go down a list. John has raised a point now on the second occasion. I hear you loud and clear. It's on my list of things to do. But I think this would address economic opportunities linked to additions to reserves and claims. That could be a topic.

[Andrew Beynon]

I agree with you, yes. I was going to suggest that one of those subject matters is the question of additions to reserves and the processes, implications for a neighbouring municipality, relationships.

Another issue in the list could be issues relating to and just specifically concentrating on linkages with provinces and municipalities as the neighbours of reserve land. Some of the issues arise in a claims context, sometimes in additions to reserves. For example, earlier in my presentation I commented on the environmental issue and having laws that meet or exceed the standards of provinces. Well, that suggests an area of interaction with provinces, for example. So that can be itself an area.

[Greg Rickford, Conservative, Kenora, ON]

In the last 36 seconds, can you just tell me what kinds of background briefings we might benefit from? If you can't, Andrew, maybe...a list and what specific acts we may want to consider.

[Andrew Beynon]

I think it would probably be best to get back to you with a list because there are so many subjects under this general area of lands modernization. But briefly, I would add to what I just said a few moments ago. There are some specific pieces of legislation I alluded to. The First Nations Commercial and Industrial Development Act and the First Nations Oil and Gas and Moneys Management Act would be two good examples of concrete items we have in the lands modernization group on which you may like to have briefings.

[Greg Rickford, Conservative, Kenora, ON]

Thank you. My time is up.

[The Chair, Conservative, Chris Warkentin]

Your time is up. Do you have a request for the other witnesses?

[Greg Rickford, Conservative, Kenora, ON]

I don't need descriptors at this point, but I would like a list, enumerated, of possible topics of study under this. I want to be able to work with my colleagues around something like this for us at least to consider, and a list, similarly without descriptors, of background briefings that we might benefit from. I think that sets us on a road map here that if this is the area that we're going to head to, this is how we get it. I'm impressed by the regime process map, which your department has come up with in the deck. I can't help but think that you would be able to create a similar kind of road map for us under this subject matter.

Thank you. I appreciate it.

[The Chair, Conservative, Chris Warkentin]

Thank you very much.

We appreciate the fact that you waited for us and that you stayed longer for us. We really appreciate the information that you brought forward, and we will probably hear from you again. It sounds like there are still some questions that you may be able to answer for us in future meetings. We certainly appreciate that, Mr. Beynon.

[Andrew Beynon]

Perhaps I could have your indulgence for just half a moment. I would just like to make sure that one thing is clear that didn't quite get answered, and that is, the scope of the FNLM legislation and regime is Indian reserve lands, lands that are set apart for the use and benefit of first nations, not traditional lands, not lands that are in claims areas. The legislation switches off the Indian Act lands management system, which applies only to reserve lands. That's why the scope is that way.

[The Chair, Conservative, Chris Warkentin]

I appreciate that clarification very much. I know there's some correspondence that will be floating back and forth to the committee from you, and we appreciate that. We may then subsequently be asking you for additional information. Thank you so much.

Committee members, I'm wondering if there's a possibility that I can keep committee members here to go in camera for five minutes. We just have some quick business, and if we can keep the committee as a whole here, we can actually expedite our planning--not the steering committee. I think if we can get the approval of committee members, that would be excellent.

[Proceedings continue in camera]