First Nation Land Management Act (FNLMA)

1
First Nation Land Management Act (FNLMA)

• What is the FNLMA?
• How does it affect land surveys?
• How does it affect land survey business?

2
First Nation Land Management Act

• Transfers management of land and
  resources to the First Nation
• certain sections of Indian Act cease to apply
• First Nation develops, passes and manages
  according to their land code.
• First Nation has powers, rights and privileges
  of an owner

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Land Code

• First Nation manages land according to land
  code.
• Every land code is different
• developed according to the needs of that
  First Nation
• May or may not make reference to surveys

4
Land Registration and Surveys

• First Nation land is still reserve land
• Canada Lands Surveys Act applies
• Interests in land to be registered in First
  Nation Land Register
• First Nation Land Register regulations being
  developed

5
Surveys

• Land code applies only to interests inside
  reserve boundaries
• all indirect surveys
• Land code does not apply to reserve boundary
  issues or land exchanges
• INAC may still pay for these surveys

6
FNLMA Surveys

• CLS Act still applies - survey instructions
  are required
• authorized request
• sketch of lands to be surveyed
• land status report
• any other requirements of C1, sec. 17, manual
  of survey instructions

7
The Land Transaction
Indian Act
FNLMA Land Code
IL Register
FNL Register
FNLR regs
ILR regs
Interdepartmental Agreement
CLS ACT
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Land Status Report

• INAC will no longer prepare land status
  reports
• may be prepared by First Nations, land
  surveyors, title search companies

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Land Status Report

• Lands are registered in either the Indian
  Land Register or the First Nation Land
  Register
• separate on-line registers
• for password email - helpdesk_at_inac.gc.ca
• or 819-953-4263
• Each requires unique username
• http//pse-esd.ainc-inac.gc.ca/esd-pse/index_all_
  e.asp
• - or search Indian Affairs Canada
  electronic services First Nation Land Register

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Title
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Registry Index Plans

• A registry index plan (RIP) is a graphical
  depiction of the registered interests on
  reserve
• can assist in preparing land status reports
• right now, BC is only province preparing them
• access on reference plan website
• http//www.wroc.nrcan.gc.ca

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Title

• Text

Click here
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Title

• Text

Double click any R
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Title

• Text

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First Nation Land Register

• What is not in the Register that can affect
  the survey?
• unregistered occupation that will be obvious
  upon ground inspection i.e. power lines,
  unsurveyed roads
• unregistered occupation that will be not obvious
  ie traditional holdings
• other unregistered documents - nothing can be
  done about these

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Lands Advisory Board (LAB)

• LAB established to assist First Nations to
  develop their land code
• includes other areas where assistance may be
  requested - i.e. land management, training
• www.fafnlm.com
• lots of information on process, land codes
  etc.

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Title

• Text

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First Nation Land Management Act Lands

• Which First Nations are approved to apply
  for FNLMA responsibilities?
• LAB website added by OIC
• NRCan map
• Which First Nations have adopted their land
  code and are managing under it?
• call the Client Liaison Unit

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Title
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Survey Products

• Updated agreement between NRCan and INAC
• Official plans only used for jurisdictional
  boundaries
• internal subdivisions requires use of
  registration plans

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Survey Plan Approvals

• currently, registration plans are not signed
  by owner
• First Nation may now want to signify its
  approval by signing plan
• First Nation may have to approve that the plan
  meets community plan
• surveyor may be involved in getting approvals