Backgrounder:Proposed First Nations Commercial and Industrial Development Act (FNCIDA)
OTTAWA, ONTARIO, November 2, 2005- Minister of Indian
Affairs and Northern Development and Federal Interlocutor for Métis
and Non-Status Indians Andy Scott introduced the proposed First Nations
Commercial and Industrial Development Act today into the House of Commons.
This First Nation-led legislative initiative was developed in cooperation
with five First Nations (Squamish Nation of British Columbia, Fort McKay
First Nation and Tsuu T’ina Nation of Alberta, Carry the Kettle
First Nation of Saskatchewan and Fort William First Nation of Ontario)
who are concerned about the capacity of the Indian Act when it comes to
commercial and industrial development projects on reserve.
Currently, there are several complex, large-scale commercial and industrial
projects, collectively worth billions of dollars in revenue, proposed
for development by First Nations across Canada. However, First Nations
pursuing these projects are hindered by what have come to be known as
“regulatory gaps.” The gaps in question exist because current
federal legislation fails to provide the necessary tools for regulating
such projects. These gaps contribute to regulatory uncertainty and can
discourage investment, frustrating the objective shared by First Nations
and the Government of Canada of expanding economic development on reserves.
The proposed First Nations Commercial and Industrial Development Act
would provide the authority to make regulations needed to ensure these
projects can move forward. It would allow the federal government to make,
for a particular project on reserve lands, federal regulations that replicate
the provincial regulatory regime. By enabling the development of these
regulations, this approach would create a way to tap into the appropriate
parts of a well-developed provincial system for large-scale and/or complex
projects.
"FNCIDA will enable Fort McKay to create regulatory regimes that
will allow completion of large scale projects that have been under negotiation
for four years. This legislation will benefit all First Nations to negotiate
projects on their reserves. We would like to recognize parliament for
their support of our First Nations driven initiative." said Chief
Jim Boucher of Fort McKay First Nation.
"The Indian Act never contemplated large scale commercial and industrial
projects on reserve. But today, many First Nations - including the Squamish
Nation, are pursuing these types of projects to create opportunities for
their membership,” said Squamish Nation Councillor Harold Calla.
“We believe that FNCIDA can be a valuable tool for First Nations
to acquire the sophisticated regulatory regimes required to support economic
development projects on reserve.”
“This legislation is an important piece of the puzzle needed for
First Nations and developers to go ahead with major projects,” said
Minister Scott. “Several First Nations across Canada are ready to
begin major and complex commercial and industrial projects. This initiative
will give developers the regulations they’ve been waiting for and
will ultimately create more economic opportunities for First Nations.”
This legislation is part of the federal government’s commitment
to improving First Nations’ opportunities for economic development.
The development of project-specific regulations on a specified parcel
of land on reserve would be triggered at the request of the First Nation
through a Band Council Resolution. The department would then conduct an
assessment of the proposed project to determine whether it supports the
development of the regulations. An indication of community support for
the specific project on the specific piece of reserve land would be required.
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For more information, please contact:
Campbell Morrison
Press Secretary
Office of the Minister of Indian and Northern Affairs Canada
(819) 997-0002
Tewanee Joseph
Communications CoordinatorCoodonnateur des communications
Nation Squamish
(604) 230-3126
