Framework Agreement on First Nation Land Management

Did you know that out of 638 First Nations in Canada 153 have opted out of 44 sections of the Indian Act that are related to land management? These First Nations are directly managing their reserve lands and Odonaterra has assisted First Nations in the entry (application), developmental, ratification, and operational phases of the process.

First Nation self-governance over reserve lands is possible under the Framework Agreement on First Nations Land Management which was the result of the initiative of 14 First Nation Chiefs who advocated for this in the early 1990s. In 1996, these 14 First Nations signed the historic government-to-government Framework Agreement which also facilitated the creation of a federal law in 1999 allowing other interested First Nations to sign their own agreements with the Government of Canada (LABRC: Framework Agreement).

Regular amendments to the Framework Agreement have led to more First Nations signing on as opportunities to strengthen autonomy over their reserve land, natural resources, and environment become more attainable and since 2018 more than 50 First Nations have started the process to become signatories.

Becoming operational under the Framework Agreement

To become operational under the Framework Agreement and reassert self-governance over certain land management processes, a First Nation must complete 4 phases: 

1. Entry: the First Nation becomes a signatory to the Framework Agreement.

2. Developmental: the First Nation develops their Land Code and establishes an Individual Agreement with the Government of Canada.

3. Ratification: the First Nation approves the Individual Agreement and Land Code through a community vote.

4. Operational: the First Nation transitions to Land Code implementation (LABRC: Developmental and Transitional Process).

The Framework Agreement and a ratified Land Code empower First Nations to develop their own land laws to enable cultural and economic development opportunities while supporting decolonization. As noted in section 18.1 of the Framework Agreement:

The council of a First Nation with a land code in force will have the power to make laws, in accordance with its land code, respecting the development, conservation, protection, management, use and possession of First Nation land and interests or land rights and licences in relation to that land. This includes laws on any matter necessary or ancillary to the making of laws in relation to First Nation land.

The resulting policy and legislation could include:

• Environmental / impact assessment laws

• Environmental protection laws

• Natural resource management laws (forestry, soil, etc.)

• Land use plans and zoning laws

• Development laws

• Waste management laws

• Traffic laws

• Enforcement laws

The Lands Advisory Board and Resource Centre (LABRC) was created to assist First Nations through all stages of the process and offers courses, templates, examples, and services to help communities become signatories and develop their land codes and land laws. 

Odonaterra has worked alongside First Nations and the LABRC to in prepare applications for adhesion to the Framework Agreement, hold community consultation meetings, facilitate development of land advisory committees, prepare and update eligible voter lists to support ratification votes, and facilitate studies that are a part of creating a Land Code. We have also supported our client communities once they are operational in preparing land laws and plans they have chosen to manage their reserve land and resources. These have included community-led land use plans, environmental impact assessment laws, environmental management plans, and traffic laws.

Odonaterra works collaboratively with First Nation communities to develop decolonized and Indigenized land policies, laws, and procedures as part of the journey towards self-governance and reconciliation. If your community is seeking support or guidance through the First Nation land management process, or with developing supporting laws and plans, connect with us! We would love to talk about how we can work together.

National Indigenous Peoples Day

Today as we celebrate National Indigenous Peoples Day, we reflect on the many contributions Indigenous people have made to Canada.

Indigenous Protected and Conserved Areas (IPCAs), for example, are providing renewed opportunities for Indigenous-led protection and conservation of ecosystems. IPCAs are stewarded according to Indigenous laws, governance, and knowledge systems lending invaluable insight into best practices for ecological resilience. Additionally, IPCAs take a multigenerational and two-eyed seeing approach to ensure the future well-being of lands, rivers, watersheds, marine areas, forests, plants, wildlife, and other environmental values in areas across Canada.

We recognize these and other contributions on National Indigenous Peoples Day and every day, and respect: 

• The diversity of Indigenous cultures and worldviews and their roles in Canada’s past, present, and future. 

• Our collective responsibility to share natural resources revenues and close gaps in socio-economic conditions between Indigenous and non-Indigenous people.  

• Our role in the journey towards reconciliation by advancing Indigenous knowledge systems in all our work. 

• Our privilege to live, work, and play on Indigenous land. 

Lessons Learned on Renewable Energy from the Northern Lights Conference (2023)

Wind tower for wind turbine in Sanikiluaq, NU

In early February, Fiona Wirz-Endrys, Odonaterra’s Planning and Consultation Coordinator, had the opportunity to attend the Northern Lights Conference in Ottawa. This annual conference focuses on Canadian arctic mining, food security, economic development, sustainable infrastructure, and other topics specific to the experience in northern Canada. 

During conference sessions, many voices were heard, including those of Inuit business owners, advocacy groups, and political leaders; engineers, consultants, and mining prospectors working in the region also shared their experiences. It provided a rare opportunity for people from diverse backgrounds to come together for collaborative presentations and open discussion.   

Figure 1. Critical minerals in Canada. From "The Canadian Critical Minerals Strategy,” Government of Canada, 2023.

Discussions highlighted that for many arctic communities the prospecting of “critical minerals” is a growing reality necessary to develop the green energy sector by providing materials for products like electric car batteries, solar panels, and wind energy infrastructure. The diagram below was used to illustrate the 31 critical minerals identified through consultations with provincial, territorial, and industry experts. The diagram was central to several mining and green infrastructure discussions throughout the conference, including how minerals will be prioritized to support economic development under the Canadian Critical Minerals Strategy.    

Critical mineral extraction and green energy development could increase local business, job opportunities and community resilience in northern communities while also enabling a transition away from diesel which has been, and for some still is the sole energy source for northern communities. Phasing out diesel in favour of green energy can be more cost-effective and can improve air quality in northern communities.  

Many emerging green energy projects were presented during the conference. In Nunavik (QC) alone, wind turbines are being established in 14 different communities. In Inukjuak (QC), a community-owned hydroelectric dam is in construction designed for the unique environmental conditions and intended to provide energy and profit for the community.  

In Sanikiluaq (NU), the Anuriqjuak Nukkiksautiit Project is one of the first wind energy projects in Nunavut. Working on behalf of Inuit-owned Qikiqtaaluk Business Development Corporation and Nunavut Nukkiksautiit Corporation, Fiona interviewed residents of Sanikiluaq during a visit in February 2022 to determine potential effects and appropriate mitigations of the Anuriqjuak Nukkiksautiit Project. The information gathered supported the socio-economic and Inuit Qaujimaningit (Inuit knowledge) components of the Project Proposal. In November 2022, the Nunavut Impact Review Board recommended to the Minister that a full impact assessment (screening) was not required. Construction on the project is expected to begin in the summer of 2023. 

Despite the opportunities identified, questions remain. For example: Is green energy viable in the unique northern microclimates? Will local communities receive the training required to be able to participate in the new employment sector? Has trust been established between communities and project proponents? What does the shift in green energy mean for mining critical minerals in the north, and how will this impact the communities and their social and natural environment?  

One key contributor to confidence in green technology in the arctic is the increasing number of success stories. During the conference, an Inuit-owned green energy company, shared its experience supporting 14 communities on the path to developing wind energy production facilities in Nunavik. These communities are keenly waiting for the construction of wind turbines. The enthusiasm described by the company’s representatives has only grown as communities see their neighbours’ success stories and are inspired to pursue similar projects. Success stories like these were rare only a year ago, but in just 12 months communities have been able to experience the positive outcomes of their projects firsthand, resulting in greater confidence in renewable energy across the region.   

It was invaluable to have the opportunity to exchange ideas with other conference attendees and witness the enthusiasm for future opportunities. We hope to continue to support proposals for alternative energy projects that replace diesel fuel and decrease GHG emissions. We applaud businesses and communities leading the way in the sector. Based on our first-hand experience, we believe green energy will speak for itself creating momentum for those who want to take ownership of their energy systems for the benefit of communities and the arctic environment.  

Company Retreat 2023: Looking Back, Looking Forward

Odonaterra kicked off the year with a company retreat and strategic planning session in Wakefield, Quebec to review accomplishments from 2022 and future directions for 2023. As a company that supports working remotely, the retreat provided us with a welcome opportunity to meet face-to-face to discuss strategy and get to know each other better after relying heavily on digital interactions over the past few years.

Company successes from 2022 included Jaime and Fiona’s successful graduation from Concordia University’s Master of Environmental Assessment program. We also welcomed Hans, who has extensive experience in mining and Indigenous-led impact assessment, to the team in an associate role. Several team members also had the opportunity to attend networking and professional development events in Quebec and British Columbia.

Our 2022 project highlights included in-person consultations and social-cultural research in Sanikiluaq, Nunavut which contributed the Nunavut Impact Review Board’s approval of a wind energy project expected to reduce local dependency on fossil fuels. Additionally, we continued to monitor a national infrastructure project and contributed to a federal environmental impact statement (EIS) for an Interprovincial dam replacement project.

In late 2022, we started two Indigenous-led impact assessments that will inform federal and provincial decisions on mining projects. We also expect to complete two Indigenous land use plans this quarter that were started last year and support further land policy development and implementation throughout 2023.

Thank you to our clients and partners for these amazing opportunities to contribute to effective community environmental strategies. We look forward to continuing our work, strengthening these connections, and building new relationships!

Our goals for 2023 include recommitting to communicating with current and potential clients, partners, and employees using the blog and Facebook pages. Additionally, we are planning to meet more regularly in person with our client communities and as a team, take more photos of our engagement work, and share project updates regularly.

As always, we will continue to facilitate Indigenous-led projects in the spirit of reconciliation and decolonization.

We look forward to a great year!

Please visit our What we do page for more information on our services and connect with us to discuss how we can support your upcoming projects!

Vision for 2022

As 2021 closed, we were cautiously optimistic that the pandemic would end, and we could all return to normal. While 2022 opened with the threat of a new COVID-19 variant, we continue to be hopeful that in-community work will be possible again this year. We all look forward to getting back to visiting and connecting with our current and new client communities in person. We are grateful for the trust our clients have in us and the work we have been able to do together despite the pandemic. 

We have been resilient and remained responsive to client needs and interests. We continue to be prepared to safely attend in-person consultations or quickly convert to virtual engagement using videoconferencing, pre-taped videos, infographics, online surveys, and other tools to facilitate discussions and data collection to inform Indigenous-led projects.  

Our team is excited for another successful year integrating innovative approaches to community environmental strategies. Our goals are to continue helping communities:  

• Plan: to define future goals and outline strategies for achieving objectives by facilitating the development of environmental stewardship plans, consultation plans, and culturally relevant policies, including land codes, land plans, and First Nation environmental assessment laws. 

• Study: to develop methods for establishing baseline data and profiles of community health, cultural, and socio-economic conditions to inform monitoring and impact assessments.  

• Assess: to identify possible impacts from projects on human communities, Indigenous rights and culture – using of Indigenous-developed and led methods grounded in natural and Indigenous laws that determine, the significance of effects, as well as appropriate enhancement, mitigation, or accommodation measures.  

• Monitor: to determine what impacts are occurring due to development projects through cultural and socio-economic management plans.  

This year, we will continue to advance reconciliation by supporting and encouraging Indigenous-led impact assessment processes that achieve community development and environmental stewardship objectives. 

Connect with us if you would like to discuss how we could work together in 2022!