The legal regime respecting management of Indigenous lands in Canada is diverse and complex. While many Indigenous communities in Canada exercise jurisdiction over their lands, this is done in a wide range of ways, including through: self-government agreements, treaties, and land claims agreements; the Framework Agreement on First Nation Land Management (“Framework Agreement”); or under ss. 53 and 60 of the Indian Act (the “RLAP” and “RLEMP” programs).
To make things more complicated, there are a myriad of historical and current land tenures and transactions that occur on Indigenous lands. These may be registered in the Indian Lands Registry (“ILRS”), the First Nations Land Registry (“FNLR”), a Self-Government Registry or other registry. Some interests are “dual-registered” in one of these registries as well as in the provincial land registry. Other interests (often referred to as “buckshee” interests) are not registered at all.
We understand the complexities of this regime. We provide our clients with administrative and strategic advice and support with the day-to-day management of land transactions occurring on their lands. Having a strong land management regime is key to good governance, and helps Indigenous communities to ensure that their lands and resources can be protected for present and future generations.
Our work includes:
- negotiating and drafting lands jurisdiction in self-government arrangements
- negotiating and implementing Individual Agreements under the Framework Agreement, respecting the transfer of land management authority from Canada to First Nations
- drafting, implementing and advising on Land Codes
- drafting land laws and bylaws, including with respect to:
- archaeology
- land use planning
- matrimonial real property on reserve
- zoning
- drafting, reviewing and advising on leases, licences, permits, easements and other lands instruments
- advising on enforcement of land laws and bylaws
- assisting with community consultation and ratification processes respecting Land Codes and land laws
- assisting lands managers to create and administer lands instruments
- assisting with rent reviews and appeals
If you would like to talk to a lawyer practicing in this area, please contact: