FAQs

An initiative to take over responsibility for the management and control of Semá:th lands & resources.

The basic land law of the First Nation. It will replace the land management provisions of the Indian Act.

Land management involves day-to-day administration of Semá:th lands & resources and the right to make laws in respect of those lands & resources.

Yes, this is one component of self government & deals only with Semá:th lands & resources.

Yes, the federal Crown’s “special relationship” with Semá:th will continue. The Minister’s responsibility is less than it would have been under the Indian Act because Semá:th handles day-to-day decisions.

No, Semá:th is choosing to opt out of the land management sections of the Indian Act.

Canada will continue to hold title to the land, but will have no management authority over the land.

Canada will remain liable & will indemnify Semá:th for losses suffered as a result of any act or omission BEFORE the Land Code comes into effect. Semá:th is responsible for its own land AFTER the Land Code takes effect.

Matsqui, Tzeachten, Westbank, Tswwassen, Seabird, Tsleil-Waututh… To name a few in BC. There are 52 communities all across Canada.

Yes, there is a waiting list.

By creating a Land Code, entering into an Individual Agreement with Canada, Drafting a community ratification process, and doing a community vote.

The agreement is negotiated to deal with matters such as land to be managed, specifics of the transfer, and the funding to be provided.

Yes, approximately 2/3 of the Indian Act will still apply. Only the provisions dealing with land matters will not.

Yes. Typically a lands committee is formed and keeps the community involved. When the Code begins to take shape, drafts are given to Members for comments.

Yes! The Land Code & Individual Agreement MUST be ratified by Semá:th Members.

Yes, ALL Members 18 years or older, both on and off reserve have the right to vote on the Land Code and Individual Agreement.

All of Semá:th lands. If a reserve has more than one reserve, they could choose which reserves to be managed.

No. The land management powers only relate to reserves of Semá:th.

No. Title to land will continue to be held by Canada but jurisdiction over the land and decision making in relation to the land will be in the hands of Semá:th.

Yes. Semá:th Council will have the power to make laws in respect of the development, conservation, protection, management, use and possession.

Semá:th will have full power to enforce its land & environmental laws. Semá:th may incorporate summary conviction procedures of the Criminal Code. Semá:th can appoint its own justice of the peace to try offences created under FN laws & can appoint a prosecutor. The provincial court system will also be available to enforce Semá:th laws.

All the powers of an owner in relation to its land, except control over title or the power to sell. Semá:th will be able to lease or develop their land & resources, subject to Semá:th law.

They will continue in effect according to their terms & conditions. If the landlord was the federal government, Semá:th assumes the rights & obligations under the existing lease, so the tenant would pay directly to Semá:th.

Land Code provisions are to be reported annually to Members on land management activities.

Yes. Revenues can be generated by leasing & granting rights & licenses in Semá:th land. Semá:th can also develop its own land directly & generate profit.

Yes. Canada provides operational funding to manage land, to make, administer & enforce laws, to administer an environmental assessment & management processes.

Semá:th will have the power to make environmental laws.

Yes. The provinces where the First Nations are located have given written support for this initiative.

For many reasons, including the following:

• Ability for Semá:th to protect the environment
• Right to manage reserve land & resources
• Removal of Semá:th lands from the Indian Act
• Inclusion of on & off reserve in important decisions
• Increased accountability to Members
• Land law making powers
• No need for Ministerial approval for Semá:th laws
• Ability to appoint Justice of the Peace