Mr. Speaker, I am pleased to rise in my place today to speak to Bill C-49, the first nations land management act. This bill ratifies a framework agreement that will enable 14 first nations to opt out of land management provisions of the Indian Act.
Hon. members whose constituencies include one or more of these first nations will attest that they have been leaders in land administration for many years. This historic land management initiative is brought forward at their request. It is the result of government to government negotiations that will enable these first nations to implement their own land management regimes.
Those who have been following the negotiations of the framework agreement on first nations land management will be aware as well that the process has brought the 14 signatories together in a spirit of co-operation. They will continue to co-ordinate activities through a land advisory board which they will have to establish to help them with the development of land codes, negotiation of individual agreements, model laws and monitoring of the process.
The first nations through the board will also establish a resource centre, develop training programs and maintain records in relation to the first nations land codes and amendments.
The land advisory board is a tool that first nations have developed to build partnerships among themselves and to build capacity in their communities. This is a road to self-government. It is a road to self-reliance.
When decisions can be made at the local level without departmental approvals, the first nations will be able to respond more quickly to economic opportunities. The first nations will have the legal capacity to deal directly with banks to borrow, contract, expend and invest money.
Revenues, profits and fees from reserve lands administered by these first nations will be available as security for loans from financial institutions. These specific first nations will have the authority to enter into co-management arrangements with other jurisdictions to develop integrated land and resource use co-management systems that can serve as security.
From the date a land code takes effect, moneys other than those derived from oil and gas activities will be collected and managed by the first nations. Specific accountability mechanisms are being built into these land codes to ensure financial accountability to members. Capital moneys derived from oil and gas activities would continue to be held in accordance with the Indian Oil and Gas Act.
Another benefit of this legislation for first nations is the limitations it places on alienation and expropriation. These are important provisions. They speak to the sacred bond that first nations hold for their land.
The Indian Act permits surrender and sale of reserve lands but has no provision requiring the replacement of sold lands. The bill before us removes these provisions from first nations operating under the land code. They would be able to alienate reserve lands but only if they were exchanged for other lands that would become reserve lands.
This bill does not remove the federal government's expropriation powers. The Indian Act gives the governor in council power to permit expropriation of reserve land by provincial or local authorities for public purposes.
This bill continues to permit the governor in council to expropriate land for the Government of Canada, provided such expropriation is justifiable and necessary for a federal public purpose that serves the national interest. Certain minimum steps would have to be satisfied. Compensation would have to be paid. This would include land of equal or greater size and of comparable value to the land expropriated.
In conclusion, I want to emphasize that the 14 first nations that are taking part in the framework agreement are eager that this legislation be passed so that they can start managing their lands in accordance with this new regime. The people of those communities have a great deal at stake in how we proceed. It means jobs, economic growth and a secure livelihood for many people in those communities.
This legislation is about much more than land management. It is about self-reliance. It is about economic opportunity. It speaks to the new relationship that we are building with aboriginal people, one based on the principles of mutual respect and recognition, responsibility and sharing.
In January this government launched a new action plan for aboriginal people called “Gathering Strength”. This plan set the direction for a new course that would bring real and practical improvements to the lives of aboriginal people. The spirit and vision of this plan is captured in the proposed legislation before us today.
I and the signatories to this agreement urge all members to support it. I therefore move:
That the question be now put.