Mr. Speaker, I am pleased to speak to Bill C-49, the first nation land management act.
The impetus to create this legislation came from the first nations which developed a workable land management system to enable them to manage and control their lands and resources. The new land management regime outlined in this legislation is a government-to-government agreement that ends the authority and discretion of the Minister of Indian Affairs and Northern Development to manage these lands under the Indian Act.
This new regime goes to the very heart of our efforts to try to make life better for aboriginal people across Canada. It places control over the daily management of lands back into the hands of several first nations. With this control they will have the tools to guide their own destiny and to support strong, healthy communities fueled by economic development and supported by a solid infrastructure of institutions and services.
This new regime is a striking example of the kind of productive arrangement envisioned in the paper “Gathering Strength—Canada's Aboriginal Action Plan”.
When this government launched that paper in January, we committed ourselves to renewing our partnerships with aboriginal people and to finding new approaches to bring about real, practical improvements in the lives of aboriginal people. This legislation leads the way in our efforts to give first nations greater autonomy and to strengthen their capacity and expertise.
Hon. members may recognize much of this legislation. It came before us in December of 1996 as Bill C-75. It received second reading and then died when the House was dissolved.
Those familiar with the legislation will know that it has a history that goes back even further. The bill before us, as with the legislation of the last parliament, seeks to ratify a framework agreement signed by these first nations in British Columbia, Alberta, Saskatchewan, Manitoba, Ontario and New Brunswick. This legislation would apply to 14 first nations.
The framework agreement provides authority for these 14 signatories to govern their lands and resources under their own laws. The first nations must first develop a land code that will set out their basic rules and procedures to govern lands and interest in land and resources after the land provisions of the Indian Act cease to apply to these communities.
The land codes must be consistent with the framework agreement, which can only be amended by the parties to it. The lands affected will be known as first nation lands and will continue to be reserve lands for the purposes of other applicable federal legislation. For example, the Indian Oil and Gas Act will not be affected by this agreement.
Each first nation will also enter into an individual agreement with Canada to determine a level of operational funding for land management and to set out the specifics of transition from the current to the new regime.
My colleagues across the way must understand that this framework agreement requires each first nation's land code to set out a whole series of requirements: the requirements for accountability on management of lands and money to first nation members; the procedures for making and publishing first nation laws; the conflict of interest rules for land management; a forum for the resolution of disputes; general rules and procedures for granting or expropriating interests in first nations lands; the general authorities and procedures for delegating administrative authorities; and the procedure for amending its land code or approving an exchange in lands.
It seems from the discussion across the way that these requirements are not well understood.
I would also point out that these provisions must be voted on by the community as part of their opting in procedure. These measures ensure the participation of the community at the outset and seek its approval for the process. In this way the first nations can be assured that their memberships are fully aware and fully apprised of all aspects of the opting in process and subsequent administration of the lands and moneys. In other words, this is an accountability process built to very high standards.
Both the land code and the individual agreements require community approval. All members of the first nations who are 18 years or older, whether resident or off reserve, would be eligible to vote in the community approval process. At least 25% of eligible voters would have to approve those land codes and individual agreements for them to be valid.
This process of ratification is further evidence that the framework agreement will help build and strengthen aboriginal governance. It will support strong communities, strong people and strong economies. I would remind the House that these are the major objectives in the paper “Gathering Strength—Canada's Aboriginal Action Plan”. There is just so much that one can say in speaking to this agreement.
It is important to note that the bill provides for each first nation and the minister to appoint a verifier to confirm whether the proposed land code and community approval process were consistent with the terms of the bill and the agreement. The verifier would also determine whether the land code and individual agreement had been approved by the confirmed process.
The legislation before us enacts a framework agreement that will benefit everyone. The signatories will benefit from greater control over their lands and resources. Neighbouring municipalities and affected provinces will benefit from economic development spinoffs. The federal government will benefit from no longer having to administer certain specific sections of the Indian Act. It can reduce its involvement in the day to day management decisions and activities of those first nations.
Other first nations will benefit from being able to study the effects on these 14 signatories and from using the framework agreement as a model for future self-government agreements.
Bill C-49 is a good piece of legislation. I urge all my colleagues to support this legislation.