A Land Code will be the basic land law of the First Nation and will replace the lands related provisions of the Indian Act. The Land Code will be drafted by the First Nation and will make provision for the following matters:

• Identifying the reserve lands to be governed by the First Nation (called “First Nation land”),
• The general rules and procedures for the use and occupation of these lands by First Nation members and others,
• Financial accountability for revenues from the lands (except oil and gas revenues, which continue under federal law),
• The making and publishing of First Nation land laws, – The conflict of interest rules,
• A community process to develop rules and procedures applicable to land on the breakdown of a marriage,
• A dispute resolution process,
• Procedures by which the First Nation can grant interests in land or acquire lands for community purposes,
• The delegation of land management responsibilities, and – The procedure for amending the Land Code.

A First Nation will be able to take responsibility for all of its reserve lands. If a First Nation has more than one reserve, it would be able to choose which reserves are to be managed. Each reserve to be subject to the Land Code will be described in the Land Code. These lands are called “First Nation lands”. Only reserve lands are included. Lands received under treaty land entitlement, specific claims settlement, etc. could become First Nation land only if they are made reserve lands.

An Individual Agreement between each community and Canada will be finalized to deal with such matters as:

• The reserve lands to be governed by the First Nation the specifics of the transfer of the administration of land from Canada to the First Nation, e.g. the interests in land held by Canada that are to be transferred to the First Nation,

• The transfer of capital and revenue monies and an interim environmental assessment process, and the funding to be provided by Canada to the First Nation for land code implementation.

Yes. The contents of the Land Code are developed by the membership of the First Nation. Typically, a lands committee is formed to be responsible for developing the draft Land Code for the First Nation. The committee has officers of the First Nation knowledgeable about lands and other members of the community.

The lands committee holds community meetings with the members to develop the policy upon which the Land Code is based. Once the draft Land Code begins to take shape, drafts are circulated in the community for comment. Door-to-door meetings with members are often arranged to allow the lands committee and members an opportunity for a more in-depth discussion of the draft Land Code.

As a fundamental principle, the development of a Land Code is an exercise in community self-government at a “grass-roots” level.

Yes. All members of the First Nation who are at least 18 years of age, whether living off-reserve or on-reserve, have the right to vote on the Land Code and the Individual Transfer Agreement.