First Nation Land Management Act (FNLMA) What is the FNLMA? How does it affect land surveys? How does it affect land survey business?

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

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

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

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

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

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

Land Status Report INAC will no longer prepare land status reports may be prepared by First Nations, land surveyors, title search companies…

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@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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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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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

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

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