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[FEBRUARY 12, 1996 - FEBRUARY 12, 2016]

LANDS ADVISORY BOARD

2015-2016 ANNUAL REPORT

20 Twenty Years

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CONTENTS

Contents ................................................................................................................................................................. 1

Message from the Chair, Chief Robert Louie ............................................................................................... 2

1. The First Nations Lands Advisory Board (LAB): .................................................................................... 3

2. First Nations Land Management Resource Centre Inc. (LABRC) ....................................................... 4

3. The Framework Agreement on First Nation Land Management ......................................................... 7

4. Benefits of the Framework Agreement ...................................................................................................... 8

5. Current List of Signatories to the Framework Agreement ................................................................... 9

6. Geographic Distribution of signatories to the Framework Agreement ........................................... 10

7. Partial Benefit-Cost Study: KPMG Case Studies .................................................................................. 11

8. 2015-2016 Audited Financial Statements ................................................................................................ 11

9. Closing Comments ....................................................................................................................................... 11

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MESSAGE FROM THE CHAIR, CHIEF ROBERT LOUIE

It is with great pride that I present the 2015-2016 Lands Advisory Board (LAB) Annual Report. Not only was this a year filled with great accomplishments for many signatory First Nations to the Framework Agreement on First Nation Land Management (Framework Agreement), but it also marked twenty (20) years since the historic signing of the Framework Agreement itself!

Twenty years ago, the fourteen (14) original communities who spearheaded the Framework Agreement were just beginning their journey, paving the way for other First Nations to regain governance over their reserve lands and resources. There are now one hundred and eighteen (118) signatory communities across Canada. At the close of 2015-2016, an astounding fifty-eight (58) communities are moving forward under their Land Codes, leaving behind thirty-four (34) restricting sections of the Indian Act, in favour of a renewed authority over their lands, environment, and resources.

Many of these incredible accomplishments could not have been achieved had it not been for the unwavering support of First Nations communities across the country,

and for those leaders who helped guide us to where we are today. My great thanks to those who have supported us in the past, and to those who continue to support us as we work to see all First Nations in Canada afforded the same opportunity for land governance. I would like to extend my great appreciation to the Directors who make up the LAB. In addition, I wish to congratulate Mr. Phillip Goulais (Ontario) and Mr. Clifford Tawpisin (SK) on their respective re-elections, and to Councillor Jason Campbell (B.C.), Mr. Paul Chief (Manitoba) and Mr. James Cada (Ontario) on their newly elected positions, following the 2015 LAB Annual General Meeting.

In 2015-2016 an additional four (4) First Nations ratified the Framework Agreement through their community Land Codes. On behalf of the LAB, I would like to extend sincere congratulations to the Chiefs, Councils and memberships of Kwantlen [BC], Yellowquill [SK], Magnetawan [ON], and Shawanaga [ON].

With the total number of First Nation communities, who have ratified the Framework Agreement, climbing to fifty-eight (58), a burgeoning message is making itself abundantly clear. Framework Agreement signatory First Nations are capable, willing, and ready to regain authority over land governance as evidenced by these communities who now have jurisdiction and decision-making authority over their lands and resources, protecting what is inherently theirs for present and future generations.

The quantifiable benefits of the Framework Agreement, to First Nations and Canada alike, speak volumes to the level of success that this historic initiative has attained over these last twenty years. Signatory First Nations to the Framework Agreement, per multiple studies conducted by the accounting firm KPMG, are providing greater economic development opportunities for their members. In addition, these signatory communities are also implementing a higher level of environmental protection on their reserve lands, along with preserving and resurrecting traditional knowledge and ways of life for their members.

I hope that you will share in my enthusiasm for the 2015-2016 accomplishments reviewed in this report, as they represent some of the many advantages that the Framework Agreement makes available to signatory First Nations across our country. The LAB is resolute in its commitment to seeing the perpetual improvements offered by the Framework Agreement, afforded to every First Nation whose membership choses to take this same path.

Further details, copies of presentations, and our 2015-2016 Financial Statement, are available on our web site at www.labrc.com.

Sincerely,

Chief Robert Louie, O.O.C., L.L.B.

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1. THE FIRST NATIONS LANDS ADVISORY BOARD (LAB):

Under the Framework Agreement, signatory First Nations established a Lands Advisory Board to assist them in implementing land governance over their reserve lands and resources. Councils of the Signatory Operational First Nations (FNs) determine composition of the LAB. The LAB is currently comprised of 13 Directors and the Chair, serving on staggered terms. Annually, one Directors position comes up for election from each of three regions. These three regions are British Columbia, Prairie (AB, SK and MB), and Eastern (ON, QC and the Atlantic). The LAB Chair is elected for a 5-year term. The Directors are elected for three-year terms.

It is a great honor to introduce to you the Lands Advisory Board members who served over during the 2015-2016 fiscal year.

Chief Maureen Chapman

Skawahlook First Nation, BC [Director, BC]

Chief Austin Bear

Muskoday First Nation, SK [Director, Prairie]

Phillip Goulais

Nipissing First Nation, ON [Director, Eastern]

Grand Chief Joe Hall President of the Sto:lo Nation [Director, BC]

Chief Darcy Bear

Whitecap Dakota First Nation, SK [Director, Prairie]

Councillor William McCue

Georgina Island First Nation, ON [Director, Eastern]

Chief Gordon Planes T’Sou-ke First Nation, BC [Director, BC]

Clifford Tawpisin Jr.

Muskeg Lake, SK [Director, Prairie]

Rennie Goose

Mississaugas of Scugog Island, ON [Director, Eastern]

Leah D. George-Wilson Tsleil-Waututh First Nation, BC [Director, BC]

Paul Chief

Brokenhead Ojibway Nation, MB [Director, Prairie]

James Cada

Mississauga First Nation, ON [Director, Eastern]

Councillor Jason Campbell Seabird Island First Nation, BC [Director, BC]

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LAB's primary responsibilities are to:

Provide strategic direction to the Resource Centre;

Propose to the Minister such amendments to the Framework Agreement and the federal legislation as it considers necessary or advisable;

In consultation with First Nations, negotiating a funding method with the Minister

Performing such other functions or services for a First Nation as are agreed to between the Board and the First Nation.

In addition to these functions the directors of the LAB provide the following services:

Political advocacy to Signatory First Nations Framework Agreement presentations to operational, developmental and interested First Nations,

Parliament, conferences and other relevant gatherings Meetings with provincial and federal governments as well as other organizations and 3rd parties Media Interaction

This year the LAB has been actively engaged in meeting with and presenting to signatory and interested First Nations, developmental First Nations and numerous third parties and political representatives, as well as supporting operational Chiefs and Councils. Throughout the year LAB members attended or presented at venues such as:

Carleton University workshop on First Nations in regulatory regimes

2015 National Aboriginal Law Conference Indigenous Agricultural Summit Assembly of First Nations Special Chiefs

Assembly

People Climate Plan conference AFN Forum on Energy GLOBE 2016 Leadership Summit for Sustainable

Business PDAC 2016 Convention & Trade Show World Indigenous Business Forum

2. FIRST NATIONS LAND MANAGEMENT RESOURCE CENTRE INC. (LABRC)

The LABRC is the service delivery organization that fulfills the LAB’s technical and administrative responsibilities under the Framework. Some of the Resource Centre’s functions include:

Developing model land codes, laws and land management systems;

Developing model agreements for use between First Nations and other authorities and institutions, including public utilities and private organizations;

When requested by a First Nation, assisting the First Nation in developing and implementing its land code, laws, land management systems and environmental assessment and protection regimes, assisting a verifier when requested by the verifier;

Establishing a resource centre, curricula and training programs for managers and others who perform functions pursuant to a land code;

On request of a First Nation encountering difficulties relating to the management of its First Nation lands, helping the First Nation in obtaining the expertise necessary to resolve the difficulty;

Proposing regulations for First Nation land registration.

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A non-inclusive list of LABRC advice and support services to Operational First Nations include:

Transitional support advice o Financial planning o Law Compliance o Law Creation prioritization o Instrument Development o Policies and Procedures o Fees o Organization/Staffing/Training/Knowled

ge Sharing o Registry set up/FNLRS Training o Information Management o Individual Agreement Maintenance - Revenue

Accounts, documents transfer, legacy issues follow up

Land Use Planning Enforcement and Adjudication Dispute Resolution Environmental Assessment/Management Advice Survey Advice Legal Advice Communications and Public Relations Federal/Provincial/Municipal Relations Issue specific advice Issue specific workshops Staff Mentoring Best practices and on line learning curriculum and

other resources

A non-inclusive list of LABRC support services to developmental First Nations include:

“Implementation Document” Facilitation: Land Code development assistance Assistance with Community/Council/Staff

Information development and working Sessions

Facilitating the completion of the Individual Agreement

Assisting Verifier when needed Ratification vote assistance Milestone and financial reporting

*Support to First Nations is restricted to Land Code development and/or implementation *First Nations Signatories are not required to utilize the services of the LAB or RC.

With the number of Operational First Nations consistently on the rise, as communities progressively vote in favour of their Land Codes, requests for technical assistance from the Resource Centre have increased proportionately. In response, the Resource Centre hired two additional personnel during the year to meet this increased demand for assistance. As a result, the Resource Centre has been able to amplify the level of support provided to First Nations as they move through the land code development process. Increased support to Operational First Nations were provided in areas including policy and law development, dispute resolution, enforcement, environmental management planning, registry training, registry procedures development, land use planning and economic development strategies, transitional planning/preparation, staff mentoring, best practices and on-line resources development.

Training:

[A] In October of 2015 the RC held a series of Workshops aimed at assisting Operational First Nations in the

development and implementation of their Environmental Management and Land Use plans. Among the topics

discussed were:

The content, methods, and costs of preparing Environmental Management Plans (EMPs), Retaining and managing environmental consultants who are familiar with the particular challenges and

requirements of the Framework Agreement, Design and conduct of Environmental Assessment in accordance with the Framework Agreement, Drafting and enforcing laws, Considerations for land suitability and capability related to land use decisions, land use planning, and Waste management and other regional issues.

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[B] Among other achievements, last year marked a significant milestone in the creation of a Best Practices Manual to

further support First Nations Governance. The Manual is the result of over 15 years’ experience of indigenous

resourcefulness and solutions to the exercise of the inherent right over lands and resources. As a follow up, many

more workshops are planned next year to further expand its detail, scope and application. It is expected to be a

“touchstone” for the RC’s expanded capacity building and professional development strategy. The manual can be

found on our web site at www.labrc.com.

[C] At the end of 2015-2016 the RC was engaged in discussions with post-secondary educational institutions in the

Prairies for the purposes of the delivery and accreditation of courses specifically relevant to the Framework

Agreement and the operation of land codes. A feasibility study is expected to be completed by quarter 2 of 2016-

2017.”

[D] The following on-line courses have been completed and are available on the labrc.com website:

Introduction to Environmental Assessment Federal and Provincial EA Processes Preparing to Develop an EA Regime Creating an Effective EA Regime Sources of Contaminants Requiring Management Federal-Provincial Environmental Protection Considerations in Developing an EP Regime Dispute Resolution Introduction to Environment Conducting and managing Surveys under Land

Code Introduction to planning Introduction to CBTPD Strategy Introduction to the Developmental Phase Introduction to CRP Pre Vote Procedures under the CRP Options for Community Approval process Vote Procedures under the CRP Introduction to the Framework Agreement Principles of the Framework Agreement Introduction to Environmental Governance Environmental Management Plan

Land Code Community Participation for Environmental Governance

Operations and Maintenance of Reserve Lands Environmental Inspection and Reporting Environmental Monitoring and Reporting Introduction to Environmental Protection Environmental Site Assessment Implementation Document Individual Agreement

Land Code Web Site Development:

In 2013-2014, the Resource Centre began a pilot project which began developing Land Code specific websites, unique to each First Nation, for communities proceeding through the Land Code development process. Many of these communities did not already have the capacity to develop and maintain such a website and, as such, the project was met with a great amount of enthusiasm. As a result of this enthusiasm the Resource Centre expanded the project, offering to develop a Land Code website for any developmental community that asked for that support. In 2015-2016, a number of additional websites were completed.

The main goal of the Land Code web site project is to make essential, accurate, and community-specific information (relating only to Land Code development) accessible twenty-four hours a day, seven days a week. The sites support Chiefs and Councils, First Nations staff, and community members by developing a “home base” for all integral reference material pertaining to the development of the Land Code. They are also a great resource for third party interest holders to keep apprised of Land Code developments made throughout the process.

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Within the web site, integral information is shared

such as:

Land Code (Drafts and Final); Copies of the Individual Agreement; Surveys and Land Descriptions; Proposed Land Use Planning; Environmental Site Assessments; Outstanding Land Issues; Important Dates/Meetings/Events; Ratification Information; Social Media synchronization; and And any other information the community

wishes to share with it’s membership and stakeholders.

There are also numerous opportunities throughout the sites to re-connect with and/or update membership and voters lists by utilizing contest, survey, and e-registration options.

In direct consultation with community-designated representatives, each web site is customized so that the site incorporates a specific look and feel that reflects the nation’s values and areas of specific interest. It also further solidifies community ownership of, and pride over, the Land Code process. While the Resource Centre completes the initial design and set-up of the websites, the web sites themselves are community run and moderated. No information is placed on the site prior to being approved and/or provided by the community. Training and on-going support is offered by the Resource Centre in the maintenance of the site after it’s launch.

Future use of the site could include evolving into Operational sites once the community ratifies its Land Code, with updates regarding pertinent information supporting the community’s goals, economic development related news, and vision for the future.

3. THE FRAMEWORK AGREEMENT ON FIRST NATION LAND MANAGEMENT

The Framework Agreement on First Nation Land Management is a government-to-government agreement signed on February 12, 1996 by 13 First Nations and Canada. One other First Nation was added as a Party as of December 10, 1996.

The Framework Agreement is an initiative by these original signatory First Nations to opt out of the land management sections of the Indian Act and take over responsibility for the management and control of their reserve lands and resources. The Framework Agreement sets out the principal components of this new land management process.

The Framework Agreement provides signatory First Nations with the option to manage their reserve lands under their own Land Codes. Until each of these First Nation communities develops and approves a Land Code to take control of its reserve lands and resources, federal administration of their reserve lands continues under the Indian Act.

Canada enacted the First Nations Land Management Act (FNLMA), as part of its obligation to ratify the Framework Agreement. It was given royal assent on June 17, 1999. The FNLMA brought into effect the terms and conditions agreed to in the Framework Agreement. It is the Framework Agreement that is actively being implemented by First Nations and Canada.

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First Nations sign the Framework Agreement, ratify the Framework Agreement with a vote and implement the Framework Agreement through their land codes.

The purpose of the land code is to establish rules for mandatory community participation in the proposal, development and approval of laws over reserve lands and resources. The land code must be agreed to by eligible voters on and off reserve in a ratification vote before it can be implemented.

The Framework Agreement is not a treaty and does not affect treaty rights or other constitutional rights of the First Nations.

Under the Framework Agreement, First Nation Lands continue to retain the same protections as “Lands Reserved for Indians” under the constitution section 91.24.

The Framework Agreement is one sectoral component of self-government by First Nations and deals only with their reserve lands and resources. Matters related to other topics, e.g. elections, governance and education, would be dealt with in the context of other agreements.

The Framework Agreement is not intended to define or prejudice inherent rights, or any other rights, of First Nations to control their lands or resources, e.g. rights under s. 35 of the Constitution. The Framework Agreement also does not preclude other negotiations in respect of those rights.

The Framework Agreement does not directly impact other self-government arrangements. The provisions of the Framework Agreement are sufficiently flexible and progressive that other self-government initiatives are able to fit harmoniously with the First Nation land regimes established under the Framework Agreement.

At the close of the 2015-2016 fiscal year, 58 First Nations across Canada have ratified their own land codes. Some First Nations have been operational for more than 15 years. Statistics are freely available on our website at www.labrc.com, and those websites of most Operational First Nations.

4. BENEFITS OF THE FRAMEWORK AGREEMENT

There are a number of major benefits to First Nation signatories who ratify and begin working under their Land Code. Some of these benefits include:

First real recognition of First Nation right to

manage its reserve lands and resources Removal of reserve lands from the Indian Act Community control over First Nation land

management and development Inclusion of both off-reserve and on-reserve

members in important decisions increased accountability to members of the First

Nation More efficient governance of First Nation land Recognition of First Nation legal capacity to

acquire and hold property, to borrow, to contract, to expend and invest money, to be a party to legal proceedings, to exercise its powers and to perform its duties

Transfer by Canada of land revenues to First Nation

Recognition of the right to directly receive revenue from interests in First Nation land

Protection against arbitrary expropriation of First Nation land

Protection against loss of First Nation land through surrender for sale

Ability of a First Nation to pass environmental laws Recognition of significant law-making powers

respecting First Nation land Removal of the need to obtain Ministerial approval for

First Nation decisions Recognition in Canadian courts of First Nation laws Recognition of right to create modern offences for

breach of First Nation laws Ability to appoint Justices of the Peace Ability to create a local dispute resolution processes Establishment of land registry regulations and an

electronic land registry system Establishment of a First Nation Lands Board and

Resource Centre to provide technical assistance to First Nations

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5. CURRENT LIST OF SIGNATORIES TO THE FRAMEWORK AGREEMENT

Operational Signatory Communities [58]:

Developmental Signatory Communities [43]:

BC (15)

1. Akisqnuk 2. Chawathil 3. Cheam 4. Cowichan 5. Homalco 6. Katzie 7. Komoks 8. Lower Nicola 9. Metlakatla 10. Nak’azdli 11. Neskonlith 12. Scowlitz 13. Soowahlie 14. Tahltan 15. Penticton

AB (2)

16. Tsuu T’ina 17. Alexis

SK (4)

18. George Gordon 19. English River 20. Mistawasis 21. Wahpeton Dakota

MB (5)

22. Fisher River 23. Nelson House 24. Norway House 25. Sagkeeng 26. Misipawistik

ON (11)

27. Chippewas of the Thames 28. Long Lake #58 29. M’Chigeeng 30. Temagami 31. Beausoleil 32. Algonquins of Pikwaknagan

33. Wasauksing 34. Serpent River 35. Mnijikaning 36. Fort William 37. Kettle and Stoney Point

QC (3)

38. Mashteuiatsh 39. Abenakis de Wolinak 40. Abenakis de Odanak

NB (1)

41. Madawaska Maliseet

NS (1)

42. Membertou

NL (1)

43. Miawpukek

BC (35)

1. Aitchelitz 2. Beecher Bay 3. Campbell River 4. Cape Mudge (We Wai Kai) 5. Haisla Nation 6. Kitselas 7. Kwantlen 8. Leq' a: mel First Nation 9. Lheidli T'enneh 10. Malahat First Nation 11. Matsqui 12. McLeod Lake 13. Musqueam 14. Nanoose First Nation 15. Seabird Island 16. Shuswap 17. Shxwhá:y Village 18. Shxw'ow'hamel First Nation 19. Skawahlook First Nation 20. Skowkale 21. Sliammon 22. Songhees First Nation 23. Squiala First Nation

24. St. Mary's 25. Stz'uminus First Nation 26. Sumas First Nation 27. Tsawout First Nation 28. Tsawwassen 29. Ts'kw'aylaxw First Nation 30. Tsleil-Waututh Nation 31. T'Sou-ke First Nation 32. Tzeachten 33. Westbank First Nation 34. Williams Lake 35. Yakweakwioose

SK (8)

36. Flying Dust First Nation 37. Kahkewistahaw 38. Kinistin Saulteaux Nation 39. Muskeg Lake Cree Nation

#102 40. Muskoday First Nation 41. One Arrow First Nation 42. Whitecap Dakota 43. YelllowQuill

MB (4)

44. Brokenhead Ojibway Nation 45. Chemawawin Cree Nation 46. Opaskwayak Cree Nation 47. Swan Lake

ON (11)

48. (Big Island) Anishnaabeg of Naongashiing

49. Atikameksheng Anishnawbek (Whitefish Lake)

50. Bingwi Neyaashi Anishinaabek

51. Chippewas of Georgina Island 52. Dokis 53. Henvey Inlet First Nation 54. Magnetawan 55. Mississauga 56. Mississauga's of Scugog

Island First Nation 57. Nipissing First Nation 58. Shawanaga

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6. GEOGRAPHIC DISTRIBUTION OF SIGNATORIES TO THE FRAMEWORK AGREEMENT

The following map shows the location of all signatory communities to the Framework Agreement, as of June 2016.

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7. PARTIAL BENEFIT-COST STUDY: KPMG CASE STUDIES

This year a Partial Benefit-Cost Analysis (PBCA) of the Framework Agreement was initiated by the Resource Centre. The purpose of the PBCA is to measure and quantify the economic role and impact of the Framework Agreement on First Nations economies and the Canadian national economy. PBCA is a leading practice for investigating the socio-economic impacts of initiatives in which benefits are very unevenly distributed. In these circumstances, typically a small proportion of projects or initiatives result in a large proportion of the total impacts. For PBCA studies such as this one, rigorous benefit-cost analyses are done through case studies. Impacts of a sample of the highest impact projects are summed together and compared to the total cost of the entire program. Choice of case studies is dependent on known impacts, quantifiable impacts in dollars, and clear attribution to the FA.

Six case studies were chosen, with four substantially complete, one still under investigation and one discontinued. The former four include: Dokis First Nation – Okikendawt Hydroelectric Project, Henvey Inlet First Nation – Wind Power Project, Mississaugas of Scugog Island First Nation – Great Blue Heron Charity Casino, and Westbank First Nation – Snyatan Mall and Okanagan Lake Shopping Centre.

The assumptions provided in each individual case have not yet been validated in their entirety by all the respective First Nations and are considered to be preliminary in nature. Where possible, publicly available data were used to develop the quantitative estimates. Where individual estimates were required to be kept confidential, the data were supplied directly by the First Nation and are considered proprietary.

The study will answer the question “Is it reasonable to conclude that the economic benefits attributable to the FA are at least as great as the total program costs?” The findings from the study will be lower bound estimates in that they will represent the minimum net benefits associated with the Framework Agreement.

8. 2015-2016 AUDITED FINANCIAL STATEMENTS

The full audited financial statements can be found on the LAB website [www.labrc.com], along with the audited financial statements from previous years.

9. CLOSING COMMENTS

The Framework Agreement was developed with a singular purpose; to see the inherent land governance rights of all First Nations recognized, free of the constraints imposed by Canada and the Indian Act. This past year, 2015-2016, has seen the continued progression of this vision.

Our journey is forever moving, but as I contemplate where we are today, I am filled with great pride at what we have accomplished to date. In the grand scheme of the world, 20 years is such a short period of time, but in that time the positive changes spurred by the Framework Agreement, in signatory communities across Canada, has been immeasurable.

The Framework Agreement reflects the unique needs and traditions of our communities, our own laws, priorities, traditions and ways of doing things. It provides sound environmental protection and monitoring, and accelerates progress in many areas, such as economic development.

Today, investments on reserves are estimated to be in the billions of dollars. Thousands of on-reserve jobs are being created for both members and non-members. Economic opportunities are thriving, to the benefit of all Canadians.

The Framework Agreement is helping First Nations to regain control of their daily lives, begin to heal from the mistreatments of the past, and protect our people, and our lands, from further injustices.

The process is working, and it will continue to work for our communities, our children, and the generations to follow.

We invite you to find out more about how this has been accomplished.

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For more information:

“This may be the single most historic accomplishment for First

Nations this century, to have First Nations recognized as

governments with their own law-making powers and control

over their own lands…”

LANDS ADVISORY BOARD

Chief Robert Louie, Chairman

2220 Horizon Drive East, Kelowna, B.C. V1Z 3L4 Phone: (250) 769-2879

Facsimile: (250) 769-3228 E-Mail: Robert@labkelowna.com

www.landsadvisoryboard.ca

FIRST NATIONS LAND MANAGEMENT

RESOURCE CENTRE

Chief Austin Bear, Chair

66 Heritage Place, Muskoday, SK, S0J 3H0 Phone: (306) 922-1535

Facsimile: (306) 922-1927 E-mail: Austin.Bear@labrc.com

www.labrc.com

Dr. Graham Powell, Executive Director

22250 Island Road, Port Perry, Ontario, L9L 1B6

Phone: (888) 985-5711 Facsimile: (866) 817-2394

E-Mail: Graham.Powell@labrc.com www.labrc.com

Chief Joe Mathias, Squamish Nation