Pathways to Additions to Reserve Policy reform: First Nation voices in action

Findings

CIRNAC's analysis of recommendations identifies 8 key areas of reform within the ATR Policy and its processes. The reform areas and high-level recommendations are listed below:

1. Guiding principles and measures for the ATR Policy Redesign: This foundational area emphasizes that the policy redesign must be grounded in Indigenous rights frameworks, such as the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), and aligned with First Nations' priorities. This approach requires flexibility, fairness, transparency, accountability, equitable risk management, and genuine co-development achieved through robust consultation and communication.
2. ATR authorities (legislation and policies): Findings highlight the need for targeted improvements to the ATR Policy alongside fundamental reforms to broader land legislation and authorities. Within the ATR Policy, recommendations focus on streamlining processes through policy alignment, adopting risk-based approaches, delegating approval authority, ensuring policies are First Nation-led and tailored to specific community needs with secure funding. Beyond ATR specifics, there are calls for broader legislative reforms to enhance First Nations' land management autonomy and governance, ensuring access to suitable lands, exploring alternative land tenure models beyond traditional reserves, and facilitating land-based economic opportunities.
3. ATR directives: Calls for significantly simplifying initial ATR application requirements (such as minimizing required information, removing the need for land justification and restrictive categories) and streamlining or overhauling key procedural policy requirements. This includes enabling flexible, First Nation-led environmental site assessments (ESA) and consultation processes, making municipal service agreements (MSA) less rigid and situation-dependent, clarifying and streamlining the handling of third-party interests (TPI), and simplifying survey requirements to increase overall efficiency.
4. ATR processes and procedures: Highlights the need for increased efficiency within core ATR procedures. Recommendations focus on enhancing coordination (federal-provincial-First Nation) for title searches, facilitating early and collaborative TPI resolution, providing clear guidance and support for ESAs, standardizing and streamlining MSAs, clarifying and optimizing Duty To Consult (DTC) processes, modernizing survey methods, and making consultations with other governments more efficient.
5. Strategic planning, administration and operation: Improves ATR administration efficiency, coordination, and consistency using risk management (such as fast-tracking certain ATRs, tiered systems, flexibility, prioritization based on community needs, treaty obligations, and economic opportunities). Proposed solutions enhance operations through improved internal federal coordination (consolidating ATR and claims functions, establishing dedicated operational teams during negotiations), frameworks (agreements, working groups) for collaboration with provinces and municipalities, and standardized national processes and timelines using project management principles. These solutions accommodate regional variations and co-developed First Nation work plans.
6. Communications and relations: Addresses the need for significant improvements in ATR communications, relations, information accessibility, and fostering genuine partnership through open dialogue and engagement. Recommendations focus on enhancing information flow and transparency by developing clear guides and accessible resources to ensure meaningful, culturally appropriate consultation. A need to modernize information governance using technology, proactively building stakeholder awareness and pursuing positive ATR narratives are key communication mechanisms to foster greater support. The federal government should support this through strengthening intergovernmental relations and protecting First Nations' interests via dedicated liaisons, negotiation assistance, and effective, impartial dispute resolution mechanisms.
7. Capacity support and resource planning: Focuses on capacity and resources needed for ATR navigation and management for both First Nations and departmental staff. This includes initiatives such as training, education, and knowledge-sharing. The need to plan, prepare, and budget the costs of completing an ATR has been emphasized alongside dedicated, accessible funding for ATR costs. Further solutions involve improving resource planning and staff continuity to maintain institutional knowledge and relationships, community-led development, enhancing cross-sector collaboration, and providing practical tools and long-term support systems.
8. Evaluation, oversight and reporting: Advocates for robust mechanisms ensuring accountability, continuous improvement, and greater First Nation control over the ATR process. Key solutions involve regular joint review and evaluation of the processes, incorporating First Nation feedback for ongoing improvement. Further recommendations include establishing independent, jointly managed oversight bodies for monitoring and accountability, promoting reduced federal control, increasing First Nation authority, and implementing transparent reporting systems to allow status tracking and issue escalation.

Background

Additions to Reserve (ATR) is the process through which land is added to a First Nation's existing reserve or a new reserve is created. This process is guided by the Additions to Reserve Policy Directive, often referred to as the ATR Policy, which outlines the requirements for converting land to reserve status.

First introduced in 1972 and last updated in 2016, the ATR Policy Directive^{Footnote 3} is commonly referred to as federal policy. However, the ATR Policy Directive continues to be situated within CIRNAC with no evidence of federal Cabinet approval. Through extensive engagement and research, First Nations and their organizations have consistently criticized the policy as excessively slow, complex, costly, inflexible, paternalistic, lacking transparency, and misaligned with their priorities and governance structures. They have stressed that transformative change is long overdue. Recognizing these persistent challenges, CIRNAC received a mandate in 2019 to work with First Nations to redesign the ATR Policy. The Government of Canada is now redesigning the policy alongside First Nation partners and other stakeholders through a First Nation-led engagement process. This analysis contributes to that process by synthesizing the extensive recommendations received directly from First Nations.

Central to the ongoing co-development of a revised ATR Policy is the input gathered from First Nations. This analysis synthesizes the key themes emerging from more than 900 First Nation recommendations on the ATR Policy redesign and broader land-related challenges, collected between January 2022 and March 2025. These recommendations stem from several CIRNAC-led initiatives during that period, including preliminary engagement with First Nations and First Nation organizations, a thorough review of relevant literature advanced by First Nations between 2012 and 2025^{Footnote 4}, and a specific call for proposals focused on the ATR Policy redesign. This analysis provides critical insights to guide the next stages of policy co-development.

This summary begins by outlining the objective, scope, and the methodology used by CIRNAC for analyzing First Nation input, including data sources, analytical approach, reliability measures, and limitations of the analysis. It then presents an overview of the key concerns identified regarding the current ATR Policy and its processes. The core of the analysis details First Nations' recommendations, organized into eight reform areas in the following section. The summary concludes with key findings and considerations for the policy co-development process.

Objective and scope

Recognizing that First Nation aspirations and lived experiences must lead the ATR Policy redesign process, the objective of this summary is to provide a focused analysis conducted by CIRNAC of their recommendations for reform. It synthesizes key themes related to the ATR Policy, its processes, and broader land-related challenges, identifying priorities to inform potential solutions.

The scope of this summary is defined by the qualitative analysis of more than 900 recommendations gathered directly from First Nations through CIRNAC-led initiatives between January 2022 and March 2025 (preliminary engagement, literature review, call for proposals). While the overall redesign initiative initiated by the Government of Canada involves additional research streams and stakeholder input, this analysis deliberately concentrates solely on First Nation perspectives to ensure their views on persistent challenges and proposed solutions are clearly represented and prioritized in the ongoing co-development work. Unless indicated otherwise, it is not intended to represent the Government of Canada's position on the current ATR Policy or on what the redesigned ATR Policy should encompass.

The engagement activities primarily focused on the ATR Policy redesign. However, First Nations often raised interconnected lands-related challenges such as climate change impacts, access to land for acquisition, and the need for alternatives to reserve land or new types of land tenure. Reflecting the holistic perspectives shared, this summary includes analysis of ATR specific recommendations alongside broader issues beyond the scope of the current ATR Policy redesign, providing crucial context for the co-development process. This comprehensive analysis aims to support informed decision-making and evidence-based policy choices throughout the co-development process.

Methodology

The findings presented in this summary are based on a comprehensive qualitative thematic analysis conducted by CIRNAC of more than 900 recommendations concerning the ATR Policy redesign and broader land-related challenges.

Data sources

These recommendations were gathered through 3 main initiatives:

1. Preliminary Engagement (January 2022 to March 2023): CIRNAC met with 32 First Nations, 8 national First Nation organizations, and 14 regional First Nation organizations between January 2022 to March 2023. The purpose of preliminary engagement was to seek direction from communities, leadership, and organizations on what meaningful engagement looks like on the ATR Policy redesign. During preliminary engagement, First Nations affirmed the need for a fundamental redesign of the policy and process, emphasizing a genuinely First Nation-led approach that respects diverse First Nation governance and priorities^{Footnote 5}.

This engagement yielded 46 recommendations addressing challenges in the ATR Policy. These recommendations are incorporated into the comprehensive analysis presented in the 'Review of Recommendations' section of this analysis.

2. Call for proposals (launched March 2023): Building on the feedback from preliminary engagement, CIRNAC launched a call for proposals to invite First Nation communities, nation-based collectives, and First Nation organizations to conduct engagement and provide recommendations to inform the co-development of a new policy. In response to this initiative, 48 reports were received from 46 First Nation communities and First Nation organizations between April 2024 and April 2025^{Footnote 6}. The analysis of these reports reinforced the notion that the fundamental policy redesign must be First Nation-led with a clearer, more accessible, better resourced process and enhanced operational efficiency.

These reports contained 672 recommendations, which are included in the 'Review of recommendations' section of this analysis.

3. Literature review (August 2023 to March 2025): In 2 phases between August 2023 and March 2025, CIRNAC completed an extensive review and analysis of nearly 30 reports, audits, case studies, proposals, interest papers, and action plans with a focus on ATR Policy and process. This literature, advanced by First Nations, and First Nation and Indigenous organizations spanned over 2 decades on the topics of Additions to Reserve, Treaty Land Entitlement, Land management, and Indigenous economic development. This research intended to identify persistent challenges in attempting to convert land to reserve through the ATR process, and to compile recommendations provided to date to address these challenges.

The literature review identified 212 relevant recommendations and forms part of the comprehensive analysis presented in the 'Review of recommendations' section of this analysis.

The collected data (930 recommendations in total) was entered into a spreadsheet, sorted into categories and then analyzed manually. The following chart provides a visual distribution of analyzed recommendations by source.

Text alternative for Source of analyzed recommendations for ATR Policy Redesign

• 72% 2024 to 2025 Call for Proposals
• 23% 2023 to 2025 Review of Literature
• 5% 2022 to 203 Preliminary Engagement

Analytical approach

The analytical approach was iterative and multi-staged. Initially, recommendations were systematically reviewed and coded. Related concepts and suggestions were grouped, leading to the identification of preliminary themes. Subsequent rounds of analysis involved refining these broad themes, developing more granular sub-themes, and meticulously organizing each recommendation within this evolving thematic structure. This systematic process, conducted across different data collection phases, ultimately led to the confirmation of 8 key reform areas for policy and process redesign.

Ensuring reliability

Several measures were taken to ensure this summary accurately reflects the input received from First Nations. Input gathered through direct discussions, written reports, and research was systematically compared. When the same themes and recommendations appeared across these different sources, it confirmed their significance. The vast majority of First Nation input (more than 900 recommendations) underwent continuous and repeated review and analysis. This process continued until the key ideas consistently reappeared. This repetition indicates that the main viewpoints shared by First Nations were well understood and included in the analysis.

Limitations of the analysis

While this analysis provides a comprehensive synthesis of input received on the ATR Policy redesign and broader land-related challenges, certain limitations inherent in the data sources and methodology should be acknowledged:

Data collection: While the majority of recommendations originated from the 2023 call for proposals, participation in this initiative relied on self-selection by First Nation communities and organizations. Factors such as capacity, resources, or competing priorities may have influenced which First Nations submitted proposals. Consequently, the 48 reports received through the call for proposals may not fully represent the views of all First Nations across Canada. The call for proposals initiative was funded by CIRNAC to facilitate First Nations' broader participation. Additionally, the review and analysis of more than 250 First Nation recommendations from preliminary engagement and existing ATR-related literature helped to address this gap.

Thematic abstraction: The process of qualitative thematic analysis involves grouping specific recommendations into broader themes and sub-themes. While necessary for summarizing more than 900 inputs, this process involves abstraction, meaning some specific nuances or unique contexts of individual recommendations may be less prominent in the final thematic summary. The thematic grouping of recommendations is available in a comprehensive spreadsheet for context.

Inclusion of repetitive recommendations: Similar recommendations from different sources were deliberately retained in the dataset. This was done to respect each input individually and identify areas of emphasis across diverse sources. However, this means the overall count (930) includes these repetitions, and the analysis reflects the frequency of points as raised, not necessarily the frequency of unique underlying ideas.

Manual analysis: Manually coding 930 recommendations involves analyst interpretation. To address potential subjectivity, a systematic approach used an established coding framework for reviewing each recommendation. Other steps taken include peer review and discussions with policy analysts familiar with the subject on emerging themes and challenging coding decisions. Despite these efforts, subjective interpretation remains possible, unlike automated text analysis, which has its own limitations.

Restrictive and inadequate policy framework:

• the foundational ATR Policy is flawed, outdated, and lacks dedicated legislation
• the policy's 'one-size-fits-all' approach disrespects First Nations' governance and fails to adapt to diverse regional contexts and land-holding goals
• it prioritizes federal concerns above the distinct needs and priorities of First Nations, containing overly restrictive requirements

Inefficient, slow, and inconsistent ATR process:

• the ATR process is excessively lengthy and rigid, characterized by linear steps, complex procedures, and burdensome approvals
• its paternalistic structure conflicts with First Nations' desire for autonomy and self-governance
• the process is hampered by unclear guidelines and inconsistent implementation across different regions

Insufficient resources and capacity support:

• the ATR process delivery is hindered by inadequate and inconsistent funding models, lack of clear government guidance and technical assistance, and inefficient knowledge management
• First Nations' effective participation is constrained by insufficient access to consistent financial resources, technical support, dedicated personnel, and fair dispute resolution processes

Poor communication, transparency and relationships:

• interactions between First Nations and Canada are hindered by inconsistent communication protocols, and unclear roles and responsibilities (especially concerning federal support)
• there is insufficient transparency regarding ATR process metrics, timelines, and objectives. This is compounded by deficient access to information, the absence of centralized resources, and inadequate systems for tracking ATR applications
• these issues contribute to strained relationships and foster negative external narratives and perceptions about the ATR process

Lack of effective oversight and accountability:

• the system suffers from inadequate performance measurements, reporting on outcomes, and overall accountability mechanisms
• these deficiencies prevent tracking progress, identifying systemic bottlenecks, or driving improvements

Hindering economic development:

• urban ATR processes are frequently too slow to align with commercial timelines or the "speed of business," causing missed economic opportunities
• insufficient federal support hampers the ability to facilitate complex collaborations and address the numerous third-party interests inherent in urban settings

1. Guiding principles and measures for ATR Policy Redesign

2. ATR and broader land authorities (legislation and policies)

3. ATR Directives

4. ATR Process and procedure

5. Strategic planning, administration and operation

6. Communications and relations

7. Capacity support and resource planning

8. Evaluation, oversight and reporting

Preliminary Engagement (2022 to 2023)

• What We Hear Report, CIRNAC, 2024

Review of Literature: Phase roman numeral 1I (2023 to 2024)

• Additions to Reserve Regional Dialogue Forums Final Report, Assembly of First Nations, 2012
• Case Study of Chippewas of the Thames First Nation ATR, Assembly of First Nations-Canada, 2012
• Case Study of Cowessess First Nation Additions to Reserves, Assembly of First Nations-Canada, 2012
• Case Study of Loon River First Nation Additions to Reserve, Assembly of First Nations-Canada, 2012
• Case Study of Kahnawake, QC First Nation Additions to Reserve, Assembly of First Nations-Canada, 2012
• Case Study of Membertou First Nation Additions to Reserve, Assembly of First Nations-Canada, 2012
• Case Study of Musqueam Indian Band Additions to Reserve, Assembly of First Nations-Canada, 2012
• Addressing the Barriers to Economic Development on Reserve, National Aboriginal Economic Development Board, 2013
• Additions to Reserve: Lessons Learned from First Nations, National Indigenous Economic Development Board, 2016
• On the Road to the New Reserve: Considering Canada's Preferred Path to Land Restitution, Yellowhead Institute, 2018
• Indigenous Economic Progress Report, National Indigenous Economic Development Board, 2019
• National Indigenous Economic Strategy For Canada, (20) Indigenous organizations, 2022
• FMB Roadmap Project, First Nation Financial Management Board, 2022
• Brief to House of Commons Indigenous and Northern Affairs Committee, First Nations Lands Advisory Board, 2023
• Review and Re-Design of the Additions to Reserve Policy and Process Draft "What We Heard" Report, Assembly of First Nations, 2023
• ATR Policy Redesign Draft "What We Heard" Report, CIRNAC, 2023

Review of Literature: Phase roman numeral 2II (2024 to 2025)

• Improving the Economic Success of Urban Additions to Reserves: Stage roman numeral 1I, National Aboriginal Economic Development Board, 2014
• Improving the Economic Success of Urban Additions to Reserves: Stage roman numeral 2II, National Aboriginal Economic Development Board, 2014
• Urban Reserves in the context of Sustainable First Nation Prosperity, Northern Policy Institute, 2022
• First Nation's Insights Into ATR Policy, Doig River First Nation, 2023
• Process for Adding Lands to Westbank Lands – Interest Paper, Westbank First Nation, 2023
• Additions to Reserve (ATR) Redesign: Advancing First Nations Priorities Policy - Policy Reform One Pager: The Assembly of First Nations Case Studies, Assembly of First Nations - ANNUAL GENERAL ASSEMBLY, 2024
• Additions to Reserve (ATR) Redesign: Advancing First Nations Priorities Policy - Policy Reform One Pager: Indigenous Services Canada Barriers, Assembly of First Nations - ANNUAL GENERAL ASSEMBLY, 2024
• Additions to Reserve (ATR) Redesign: Advancing First Nations Priorities Policy - Policy Reform One Pager: Restitution of First Nation Lands, Assembly of First Nations - ANNUAL GENERAL ASSEMBLY, 2024
• Additions to Reserve (ATR) Redesign: Advancing First Nations Priorities Policy - Reform One Pager: The Assembly of First Nations ATR National Survey, Assembly of First Nations - ANNUAL GENERAL ASSEMBLY, 2024
• Additions to Reserve: A Survey of First Nations, Assembly of First Nations, 2024
• Indigenous Economic Progress Report, National Indigenous Economic Development Board, 2024
• Specific Claims Reform Engagement, Canada/Specific Claims Branch, 2024
• Short Term Reforms, Land Advisory Board and Resource Center, 2024
• New First Nations Lands Policy - Additions to Reserve Process for Self-Government, Land Advisory Board and Resource Center, 2025

Call for Proposal Reports (2024 to 2025)

Preliminary Engagement (2022 to 2023)

1. The preliminary engagement approach is appreciated. It is important for First Nations to be part of the process from the beginning and build relationships through engagement based on trust and transparency.
2. Flexibility, open dialogue, and working at the pace of First Nations is integral to engagement activities.
3. It is crucial that engagement on the Additions to Reserve (ATR) Policy redesign is First Nation-led and that First Nations have a part in validating options when engagement is complete.
4. Discussions on the ATR Policy intersect with broader land related challenges, such as:
   • climate change
   • access to land
   • cultural recovery
   • traditional territory
   • land acquisitions
   • lands set aside
   • fee simple lands
   • alternatives to Indian Act surrenders
5. Canada needs to provide support for First Nation-led engagement at all levels, including:
   • nation-based collectives
   • First Nations under the Framework Agreement on First Nation Land Management
   • self-governing First Nations
   • First Nations who continue to be governed under the Indian Act
   • national and regional First Nation-led institutions, organizations and tribal councils
6. It is important to engage with tribal councils and First Nation communities directly, not just through organizations, as many organizations do not represent rights-holders.
7. In order to participate in the ATR Policy redesign, education on the ATR Policy must be part of the engagement process to support the development and communication of policy options.
8. In person dialogue is appreciated, as one Chief noted, "It's difficult talking to boxes on a screen trying to advocate for ourselves".
9. Publicly available, accessible information pertaining to ATR Policy and process is lacking, including the ability to access past versions of the ATR Policy, timelines, process steps, and metrics on ATRs across the country (such as the average completion time for an ATR in each region and total ATRs in the national inventory).
10. It would be beneficial if the Government of Canada created a national depository of best practices, strategies and tools to facilitate knowledge sharing.
11. The burden of updating new government staff on ATR files often falls on the First Nation.
12. Information about ATR files are often held by one person in the Government of Canada, which causes delays during staff changeovers.
13. Relationship building is important throughout the ATR process.
14. There is a need for a communication strategy that changes the perception and conversation about ATRs to be one of success, not risks of failure. Alongside First Nation organizations, the Government of Canada must develop a communication strategy that shifts the narrative on ATR to emphasize economic opportunities and mutually-beneficial partnerships between Indigenous communities, municipalities, and non-First Nation communities..
15. Misconceptions about ATRs and expanding reserve land can lead to resistance from third parties, municipalities, and provinces and therefore delay ATRs.
16. The Government of Canada must develop an ATR webpage that includes metrics, links to ATR audit reports, and tools and resources that support First Nations and Indigenous organizations in building knowledge on the ATR Policy and process. This can include communication guidelines and checklists for activities in the ATR process.
17. First Nations would benefit from a clear outline of the requirements for reserve creation.
18. Third party interests (TPIs) are a key barrier across all regions. The delays and concerns caused by TPIs varies from each region and each file.
19. The linear, 4 phase process approach to ATRs creates delays. For example, TPIs must be addressed prior to reserve creation. The Government of Canada must support First Nations in opening dialogue with third parties early in the process.
20. Directives, forms and templates are paternalistic and out of date. For example, the application form asks First Nations to justify the intended use of reserve land and outline anticipated benefits and impacts of the proposal. Moreover, strict provisions in the lease template create long-term liability for the First Nation, as they are often leasing to their own corporation.
21. Remove ATR Policy and process directives from Indian Act Lands Management Manual, as many First Nations operate under the Framework Agreement on First Nations Land Management Act or other self-governing arrangements..
22. Delays can be mitigated by seeking direction from the proponent First Nation on how to proceed with the duty to consult and addressing third-party interests. It is important to work collaboratively with First Nations to navigate their long-standing relationships with municipalities and neighboring stakeholders. For example, duty to consult letters that inform other First Nations about reserve creation should respect the pre-existing relationships between Chiefs, nations, and their longstanding relationships with neighboring communities.
23. Absence of clear ATR duty to consult guidelines and timelines results in delays.
24. First Nations holding title to their land would promote autonomy in reserve creation.
25. Key quotes: "Why can't First Nations take over the process themselves?", "It's time for First Nations to have the lead hand on ATRs". First Nations recommend exploring and supporting the creation of a First Nation organization(s) to administer the ATR process..
26. The lack of knowledge and accessible information about the ATR process prevents First Nations from streamlining the ATR steps with provincial processes, communicating expectations to their communities, and creating their own stakeholder engagement plans to present to leadership.
27. There is a lack of training and support for First Nations to complete requirements for the ATR process. Further capacity building is required to strengthen the approach to the ATR project lifecycle.
28. The Government of Canada is slow in reviewing permits to make sure they are insulated from risk.
29. First Nations mentioned developing optional alternatives to the established ATR process.
30. The Government of Canada must simplify, streamline and adjust the existing process and ATR Policy and adopt a project-based approach to ATRs..
31. A framework to guide how federal surplus land becomes reserve is needed.
32. There are various restrictions in the policy, such as: rigid joint reserve creation provisions, restrictive ATR categories and traditional territory rules prohibiting strategic urban parcels.
33. One size fits all approach does not work across all regions or with all First Nations. This ATR redesign must recognize First Nation and regional differences, priorities and needs.
34. Indigenous governance structures must be respected and reflected in the process and policy.
35. The ATR Policy must include a simplified process for dealing with uncontroversial or small scale ATRs.
36. Need to redesign the ATR Policy to accommodate First Nations who wish to stay under the Indian Act and First Nations who wish to hold lands fee simple and Aboriginal title.
37. Delayed ATRs cause a tax burden on the First Nation when they are required to pay taxes on the land they purchased until parcels are converted into reserve.
38. First Nations have raised significant concerns on Section 7.0 of the ATR Policy on Joint Reserves. Requirements for the Joint Reserve process result in significant delays due to their inflexibility and inability to align with First Nations communities and their governance structure. Joint Reserve creation requirements include, but are not limited to:
    • written co-management agreement that must address cost implications
    • unanimity of all First Nations involved
    • applicability of a First Nation Land Management land code
    • the interest or right of each First Nation, a referendum vote by the electors of each participating First Nation
39. To address Joint Reserve concerns, First Nations recommended that a case-by-case approach be applied until a new ATR Policy is in place.
40. First Nations recommend exploring a fast-track approach to ATRs where former reserve land is being converted back to reserve status (such as former reserve land used for a railway that is no longer in use).
41. First Nations have increasing interest in economic benefits of urban reserves.
42. The ATR process is not synced to business project timelines. ATRs should "move at the speed of business" to link business development opportunities.
43. The key to sustainable and long-term success of urban ATRs is long-term planning and collaboration with other First Nations, municipalities, or private enterprise. Urban ATRs are also more difficult due to the higher number of TPIs that must be addressed. Integration into existing local economies must be possible.
44. The Government of Canada must work alongside Indigenous organizations to develop strategies to promote the fiscal and economic potential of urban reserves.
45. The Government of Canada must support First Nations who wish to collaborate on ATRs by removing barriers and incentivizing municipalities to work with First Nations.
46. Long-term planning and collaboration with third parties in the creation of urban ATRs must be promoted.

Review of Literature: Phase roman numeral 1I (2023 to 2024)

47. Develop ATR legislation to help streamline the ATR process with respect to the interplay of various government departments, TPIs and improved linkages and coherence with Federal Immovables Act (FIA).
48. Make a legislative amendment to the Indian Act that creates a legal instrument to allow TPIs to be assumed through the creation of ATR reserve lands through the ATR process. This amendment should provide a degree of deference to FNs involvement in the creation of these legal interests.
49. Undertake legislative compliance incentives through bilateral agreements between the federal and provincial governments to offer an alternate remedy for FNs to secure TPIs through the ATR process.
50. Develop a legislation that would support surface rights access on Indian reserve land needed to win, develop and recover oil and gas resources within the subsurface when the subsurface is not Indian reserve.
51. Broad the definition of "service area" in the policy to remove "contiguous" as a precondition to selection. If the definition of contiguous varies by province, then the broad policy position that no funding entitlement is associated with ATR must be revisited to ensure the costs of an ATR also reflect this varied interpretation.
52. Remove the condition of lands to be contiguous, which limits the selection area as well as the economic development options.
53. Align federal and provincial laws, policies, and regulations and accept a shared responsibility in jurisdictional matters.
54. Pursue a Quebec-Canada agreement on ATR.
55. Encourage Quebec to add more lands to reserve (based on legislative limits on the quantity of land that can be set aside as reserve). This may or may not include advocating the repeal of the 1922 Act.
56. Reform government legislation and policy to remove exclusionary and racist sections relating to land.
57. Undertake an annual national audit of federal, provincial, territorial, and municipal designated surplus land and Develop and implement a policy for Indigenous set asides and the right of Indigenous first refusal of these lands.
58. Enshrine Indigenous right of first refusal in the sale or lease of Crown land.
59. Implement greater recognition of First Nations' authority to manage their own lands in accordance with their own management regimes.
60. Have a custom land management regime in place to facilitate the ATR process: it will set the pace at which the business is done, and it will leverage land to access financing for development.
61. Streamline policy requirements, remove ministerial oversight and decentralize AANDC approval processes.
62. Reduce or eliminate the role of federal officials in ATR submissions to the Minister.
63. Develop a First Nation-specific additions process that is aligned with the new policy on ATR.
64. Continue to work closely with the Assembly of First Nations to ensure that changes to these processes reflect the needs and realities of First Nations.
65. Consider First Nation designed and led approaches (FNs governance).
66. Avoid/change one size fits all approach.
67. Better align economic development policies and programs of AANDC and the ATR policy, particularly regarding proposals for economic development purposes.
68. Review existing policies that impact ATR proposals and assess where new policy may be needed(such as "urban proposals"; "fiduciary policy", Treasury Board policies for land appraisals and "strategic" designations).
69. Create a new element for Category 2- Community Additions to include proposals for culturally significant sites.
70. Create a Directive to eliminate conflicting interpretations amongst the regions of AANDC regarding Category 2 "community economic projects" ATR proposals (economic ATR: job creation and community development ATR: housing).
71. Eliminate narrow policy categories for ATRs as First Nations may have any number of good reasons for ATRs..
72. Eliminate policy barriers to ATRs, such as requirements that First Nations solve municipal service or environmental issues in advance of ATRs.
73. Streamline ATRs which involve minor boundary adjustments or return of former reserve lands to a First Nation.
74. Explore broader reforms in partnership with the Lands Advisory Board which might include amendments to the Framework Agreement on First Nation Land Management Act.
75. Carry out an examination (such as a case study) of a First Nation who has selected land during the course of negotiating a final settlement agreement as the timing of a land selection is critical to the efficient conversion of land to reserve.
76. Introduce timelines into the ATR process at all levels but on a priority basis with the regional offices to establish annual targets with the First Nations.
77. Work more cooperatively with First Nations in implementing the terms of final settlement agreements.
78. Develop an integrated Approach to TLE negotiation and ATR implementation.
79. Announce funding through Federal Budgets to enhance and expedite the administration of the ATR program..
80. Create hard deadlines for various stages of the ATR process to motivate task/item completion and reduces delays or stalling from interested parties.
81. Adopt faster processes/approvals and standardized timelines/streamlining..
82. Reimburse the First Nation for the costs of an Environmental Site Assessment (ESA) – for all categories If a First Nation proceeds with the development of a parcel for their intended purposes and has incurred these costs.
83. Dedicate funding for ESAs, surveys and implementation process in the Terms of Reference as part of the settlement or application.
84. Implement the 2009 commitments in response to the Auditor General's Report to the House of Commons regarding the development of annual operational plans within their broader strategic plans that deal with the timing of surveys and ESAs.
85. Canada to engage in the ESA, Environmental Impact assessment (EIA), and Land Survey process during negotiations and initial land selection process.
86. Retain a third party agency to do title searches and opinions on a regular basis and in a business like fashion in response to DOJ's delay and low priority given to review title search and opinion.
87. Provide money to FNs through settlement claims to complete title searches rather than DOJ.
88. Provide support mechanisms, including dispute resolution assistance, to First Nations in their negotiations with municipalities and third parties.
89. Appraise fair market value to mitigate inflated land values as much as possible, and project them fairly into the future, particularly when First Nations use funds to buy reserve lands over a significant period of time (such as 20 years).
90. Do not insist that ATR parcels be free of all encumbrances, provided the FN is aware of their existence.
91. FNs to ensure that their community land use plans are compatible with those of nearby communities, or with the intended use of the lands they are asking Canada to set aside as reserves.
92. Develop a centralized expertise – perhaps through NALMA – from which First Nations could draw upon to provide their capacity needs.
93. Institutionalize resources to support First Nation land managers in the ATR process.
94. Establish Indigenous institutions focused on building Indigenous capacity to address land sovereignty.
95. Help First Nations with access to consistent dedicated resources to implement ATR.
96. Educate First Nations about respective roles and responsibilities and how AAND-C can be influenced.
97. Provide First Nations with a dedicated and flexible funding for ATR Implementation to build capacity and create a contingency plan..
98. Construct a computer program along a project management process that would guide participants along in a business-like manner.
99. Develop a Directive to create consistency regarding when Municipal Service Agreements (MSAs) are necessary and the form and content of these arrangements across all regions.
100. Should an agreement not be concluded with the municipality within 5 months following a request to negotiate by the First Nation, Canada may set apart the reserve where it has been determined that the First Nation is prepared to enter into a reasonable and adequate agreement with the municipality but the other party has been unwilling to respond to the request reasonably or in good faith.
101. Allow additions to take place despite ongoing negotiations with municipalities.
102. Crown-Indigenous Relations and Northern Affairs Canada (CIRNA) to use its discretion to decide whether an intergovernmental agreement is a precondition to a proposal's success.
103. CIRNA to assume greater responsibility in intergovernmental negotiations between First Nations and municipalities and provinces.
104. Allow the ATR process to proceed as soon as support from stakeholders is gained, leaving subsequent negotiations and details to carry on without delaying the entire process.
105. First Nations and AANDC to combine efforts to educate and inform rural municipalities regarding their respective roles and responsibilities with respect to potential ATRs, similar to the concerted outreach undertaken in Saskatchewan and Manitoba.
106. Plan regular meetings between local governments and First Nations to provide refreshed briefings on the status of applications, share information around land use plan and address issues.
107. Encourage municipalities to share their community plans wherever possible.
108. Improve communications amongst all parties and all levels of government.
109. AANDC to create more formal arrangements with each province regarding ATRs and TLE where the onus is on the First Nation and approach the province on a case by case basis..
110. Leverage opportunities to build relationships and enhance understanding between First Nations and nearby municipalities.
111. Canada and First Nations negotiate the fair reimbursement of the cost of annual tax levies if the selected parcel by First Nations has incurred these costs. Alternatively, the parties could build upon the experience in Saskatchewan and shift the burden to Canada after a certain period of time (such as75 days).
112. Establish relevant criteria for (municipal) tax loss compensation with a reasonable ceiling for such losses.
113. Use taxation and fee structures to facilitate positive relationships with local stakeholders and to provide a revenue source for the community..
114. Develop a reimbursement strategy for tax loss : Canada and the Provinces negotiate reimbursement strategies to reduce the economic burden of First Nations in possession of fee-simple lands awaiting reserve title.
115. Communicate with non-Indigenous stakeholders about land management and economic development on-reserve to alleviate concerns and address misconceptions.
116. Support First Nations who wish to collaborate on shared ATRs by resourcing these coalitions..
117. Greater deference must be created to respect First Nations consultation protocols when addressing overlapping land selections.
118. Remove the requirement of notifying and consulting with other First Nations when an ATR is contiguous to (or within) an existing reserve..
119. Streamline the consultation process for all parties by developing a cohesive and consistent process.
120. Avoid a strict adherence to the ATR policy: Demonstrate innovation and flexibility in response to the particular context of an ATR and recognize local requirements and practices.
121. Streamline procedural requirements, reduce processing times, and address stakeholder concerns.
122. Waive the time limit (10 years) for ATR implementation as part of the settlement agreement..
123. Reconsider the requirement of three-month time-frame for municipalities to review and respond to a First Nations' ATR proposal.
124. Increase the transparency and accessibility of information (through the application of a project management software program that would be publicly accessible in tracking each ATR proposal through the ATR steps).
125. Ensure more clarity from the federal government on steps required to begin and maintain the ATR process.
126. Implement the 2009 commitment in response to the Auditor General's Report to the House of Commons to work with First Nations to develop long-term strategic plans regarding ATRs, subject to periodic review and that includes time targets and performance measures.
127. Provide direction to regional offices to review the activities of ATR proposals annually to strategically forecast budgetary need, particularly regarding ESAs, EAs and surveying costs.
128. Allow more decision-making authority to exist at the AANDC Regional Office level regarding ATR matters (particularly where the implicated municipalities have expressed their support).
129. Delegate more decision-making authority to Regional DGs to issue approvals.
130. Create time sensitive roles and responsibilities for various federal departments that are involved in the ATR process..
131. Authorize a private firm to complete surplus work (including title search).

Review of Literature: Phase roman numeral 2II (2024 to 2025)

132. First Nations continue to call for transformative change in order to address significant barriers and delays and bring the ATR process into alignment with the UN Declaration's articles on land restitution.
133. Fully examine and support expanding access to capital/economic development opportunities.
134. Canada's team should be comfortable using any flexibility in the ATR Policy towards increasing efficiencies and concluding an ATR application.
135. Undertake a whole-of-government approach to simplify the ATR process, as First Nations have identified negotiating with governments as the most onerous aspect of the process.
136. Much closer coordination between provincial, municipal, and federal governments is needed for ATR purposes.
137. Enhance First Nations' capacity and work to align the ATR policy with the United Nations Declaration on the Rights of Indigenous Peoples.
138. Fully examine and support interim policy and process improvements, while co-developing and drafting a replacement of the current ATR policy.
139. Canada should not be allowed to unilaterally fill in any perceived gaps in the ATR Policy but should consult with the First Nations who may be impacted by these decisions.
140. Host a series of regional meetings to gather the voices and insights from communit[ies] who are and have gone through the ATR process from that build the models.
141. The ATR must be re-done with First Nations sitting in the working groups.
142. Explore broader reforms with the First Nations Lands Advisory Board which may include amendments to the Framework Agreement on First Nations Land Management such as the development of a First Nations-led land title registry.
143. Federal legislation respecting additions to the lands of SGIGs whose lands have 91(24) status.
144. Framework Agreement should clarify authority for "conditional" ATRs.
145. Confirm and strengthen Sections in the Canadian constitution pertaining to my Indian act status. We need a lot more entrenched Canadian constitutional laws, power, and rights. We are not Canadians, but Status Indians under the Indian Act and we are Aboriginal Landowners, we own Canada.
146. ATR needs to align with Specific Claims Policy reform.
147. Four polices should be addressed together: Specific claims, Comprehensive Claims, ATR, and Inherent Rights & Recognition.
148. The Treasury board having final say must be eliminated.
149. Specific Claims, Comprehensive Claims, ATR and Inherent Rights & Recognition should be assessed together. Wants to know how article 9 is being addressed, repudiation of doctrine of discovery.
150. We will consider reasonable measures to confirm that Canada is not liable for ATRs. Consider amendments to add ATRs to the Framework Agreement's current liability and indemnity provisions.
151. Creating a multi-tiered process that considers the different jurisdictions, capacities, and contexts of different First Nations, with expedited processes for qualifying First Nations.
152. Consider a specific directive or process respecting additions of lands for self-governing Nations whose lands are held as "lands reserved for the Indians" under section 91(24) of the Constitution Act, 1867 ("91(24) Lands").
153. ATRs should reflect self-government efficiencies. Canada's existing ATR process creates years of delays for ALL First Nations. The risk analysis that drives Canada's policy should not apply to self-governing First Nations.
154. Modify the technical and legal requirements (such as environmental assessments) to consider the different land management authorities and self-governance of different First Nations.
155. Canada should support self-government ATR requests unless there are valid reasons to object. The current process assumes risks and liabilities that do not apply to self-governing First Nations, which do not generate such concerns.
156. Prioritize the acceleration of ATR approvals, reduce the time required to move an application from submission to approval, and simplify the entire process, including by giving more authority to First Nations to manage the process.
157. Sole decision making should be up to the communities in what is added. Not a long bureaucratic, Indian agent type of process.
158. Our communities to be empowered to make decisions for our own communities and not have paternalistic frameworks that maintain "ward of the state" management. If it is "crown land" within our Treaty regions we should have control over how it is used for the benefits of our communities. This can include ATR's where needed and land management frameworks in other areas. The gov't should be required to propose their plans to us not the other way around.
159. Create an ATR Land Institute to support First Nations and explore alternative approaches to land restitution outside of existing policies and processes through a National Land Restitution Centre.
160. Rely on the new Registry to deliver ATR service to First Nations and deliver on deadlines. Creating a new organization is unnecessary, as improvements to the current process take years due to the challenge of building broad consensus for change.
161. Explore delegation of Minister's authority to an ATR service, similar to the evolution of First Nation taxation authority away from the Minister deciding on by-laws. This requires a streamlined governance model, not a delayed federal appointment process.
162. Ensure the prioritization of First Nations' access to suitable Crown, provincial, and territorial lands.
163. ATR takes a long time and needs reform. This process also needs rights-of-way to ensure First Nations can access lands.
164. If we can accept encumbered land of some sort (such as leased land) we can address what we need.
165. Create Guidelines to inform land selection including advance notice from Public Services and Procurement Canada when federal land inventory becomes available.
166. Offering more direct support for land acquisition, especially in areas where land is more valuable, such as urban areas or their vicinity.
167. We need urban areas that are designated for [I]ndigenous folks with plenty of housing and retail spaces, including urban outdoor/indoor ceremony spaces that we can practice our cultures.
168. Establish a new option for temporary "reservation" or "withdrawal" of lands, triggered only when agreed upon by both the First Nation and Canada, pending resolution of parcel boundaries. This would prevent mining and other land acquisitions while final selections are made, with incentives or time limits implemented to avoid detrimental delays to the First Nation.
169. Set controls for land selections are protected from registering mining claims during negotiations.
170. (Address a lack of ) category for reserve creation on the basis of title.
171. What we need on the medicine wheel should go into our land selection process. Those interests: housing, economic development, ceremonial, hunting and gathering. Those interests don't necessarily need additions to reserve. We can accomplish some of those goals without adding land. We have to overhaul the system. Mostly focus on economic development – may or may not need a reserve land base to satisfy that interest. We should start on that basis with the medicine wheel.
172. Consideration needs to be given as to whether the ATR Policy should continue to apply to SG First Nation lands as set out in the SGA, with required amendments, or whether there should be other mechanisms for additions as set out in future agreements and supported by federal policy.
173. Address the lack of clarity and conflicting federal policy approaches to "land claims" with respect to the way lands are held and added to a First Nation's core land base (the lands over which the First Nation has primary jurisdiction) as it has created several issues for Canada, the Province and SG First Nation in implementing the SGA and adding lands to their land base.
174. Consideration needs to be given as to how Westbank Lands will be held. Currently, Canada either holds Westbank Lands in fee simple, or has administrative control of the lands (for example where the fee has not been raised provincially). In practice, however, Canada does not need to have title or administrative control. Rather, Westbank could hold the land in fee simple or recognized [...] title where the provincial fee simple has been removed and Canada declares the lands "reserves" under 91(24). These do not need to be "reserves" as defined under the Indian Act. (We note that this would require changes to the SGA given the use of the term "reserve" in the SGA and the need to transfer to Canada (s.102).
175. Option for First Nation title to ATR lands, with no delay from transfers to Canada. These ATR lands would be set apart for the use and benefit of the First Nation (not individual fee simple title) per section 91(24) of the Constitution Act, 1867. First Nation title would respect existing provincial interests (any existing limitation on title when land is acquired from a province or in the private market would continue in an ATR).
176. Should look into a whole new form of land tenure. Not reserve, not fee simple, some other form of tenure. Needs an in-depth study. Pros and cons to make that happen. Legislated changes needed to facilitate their recommendations. [...] land claim includes fee simple land, not ATR. New form of land tenure to be explored.
177. Every land purchased by any registered treaty person be automatically registered as treaty land to fall under protection of ownership of the title hold whom purchased the land in agreement with land purchase by treaty status and First Nation band.
178. The ATR Policy needs to provide a process that would allow for development while proposed ATR lands are moving through the ATR process.
179. It needs to be more than land back. What good is land back, but we are miles from nearby cities/towns. We need land back near cities and towns to join in on economies where we do not need to rely on tearing up the earth.
180. We need more urban areas, look at stats for reserves how many memberships want to live in town/city. We need urban areas that are designated for all indigenous folks so that we can create "Little Indigenous towns" like how they have little Italy and China town, Japan town in larger cities and even smaller ones.
181. Federal tax incentives to facilitate the purchase of fee simple lands from willing sellers.
182. Fundamentally reform federal tax structures to unlock Indigenous Land Trusts and tax-free mechanisms for First Nations holding land, including fee simple title.
183. Drop the requirement for First Nations to submit 20-page applications, and ISC's obligation to develop letters of support before the Minister can consider an ATR.
184. We reject unreasonable measures, such as BCRs requesting ATRs in the current policy.
185. Drop the narrow categories for ATRs.
186. Identify and remove all barriers in the federal ATR policy (such as eliminating the narrow policy categories, addressing delays hindering economic development) and unlock the potential of First Nations to create urban reserves.
187. Drop the requirement to prove a community "need" and that existing reserves are "not suitable".
188. We should be able to add any of our traditional territory to our reserve without being restricted as to size or justification.
189. Drop the restrictions on improvements to proposed reserve lands.
190. Drop the extra requirements imposed by the policy for jointly held ATRs.
191. [First Nation] needs to know what, specifically, Canada will require, and what steps will be taken to proceed with additions. Where agreed-upon eligibility criteria have been met, Canada should shave title to no discretion as to whether to proceed with the addition.
192. Canada should streamline its environmental and TPI processes to reduce unnecessary work and shift the model more towards what would be found in a typical land acquisition process.
193. Developing clear "solutions" within the Policy Directive that give direction for all relevant parties when addressing common issues, such as registering instruments for existing third-party interests, that stall out or create lag in the ATR process and drawn-out negotiation process.
194. The ATR policy, while protective of First Nations in some respects, is a procedural nightmare and is so mechanically cumbersome that ATR as the result of a settlement is a virtually meaningless prospect […] consideration should be given to a process that is outside of the ATR policies if fair and equitable changes are not able to be made to these policies in a timely manner.
195. Identify and address third-party interests and jurisdictional issues, with particular focus on the burden of proof placed on First Nations to address the challenges surrounding competing interests of municipalities, private owners, and utilities.
196. Identify and address all legislative and policy gaps concerning subsurface interests including the limitations of the 1951 Mining Act and Regulations and the lack of federal surface rights legislation.
197. Option to carry over existing third-party interests. Work with provinces and utilities to avoid unnecessary replacement and renegotiation of existing third-party interests where a First Nation has no concerns. The Framework Agreement should address special powers of the provincial Crown that should not apply on reserve.
198. BC has no consistent process for ATR process and third parties/regional associations can be complicated. Canada needs more frameworks in place to expedite this process. Many First Nations reported not initiating the process because of the difficulty. Prices are often exorbitant and First Nations often want culturally significant land.
199. Drop the requirement for Canada to assess whether the environmental condition of land meets federal requirements.
200. Modify the technical and legal requirements (such as environmental assessments) to consider the different land management authorities and self-governance of different First Nations.
201. Drop the requirement to complete municipal service agreements in advance of an ATR.
202. Enable flexibility for First Nations in completing specific technical and legal requirements, such as municipal service agreements and addressing TPIs/registering instruments, including allowing for their completion after reserve creation.
203. Publicly clarify the Crown's duty to consult and accommodate to provide clear statements of scope, priority, and outcome with First Nations.
204. Revisiting the duty to consult requirements in the Policy Directive to address concerns related to territory overlap, cost and time requirements, and consultation requirements with Metis groups.
205. Consultation with off-reserve members in urban centers respective of the members of that given urban center. They are residents of the legitimate nation's broader land base. Urban centers should have established agreements with the respective First Nation members off reserve and of that territory to create a new ATR for us to benefit as off-reserve members like our programs and services are supposedly intended for but only delivered on reserve, resulting in gaps and back and forth of provincial/federal jurisdictions. This would also test relationships at all levels to iron out a new way forward while reconciling land concerns in the broader land base. This will give us a good chance in Canadian economic markets as Canadians would respect our rightful place in this country. It would also serve as a central place for that nation to connect with most off-reserve members. This can be duplicated in all areas of the country in major cities.
206. Option to rely on legal description of lands for Ministerial orders - no obligation for updated Canada land surveys prior to an ATR and new First Nations Survey Authority to assists in speeding up surveys where desired.
207. Why does municipal zoning play a part? Why must we produce a letter of cooperation from the city or municipality? Questions around municipal services agreements should not play a factor.
208. Eliminate the 3-month period for other federal departments and agencies to assess reserve creation proposals and for provinces or territories to express views to Indigenous Services Canada (ISC) on a proposed ATR.
209. Drop the dispute resolution provisions of the policy for disputes between First Nations and local governments as well as provinces, territories, and third parties.
210. First Nations proposing urban ATRs should be encouraged to implement FNLMA jurisdictions and develop urban ATR land use plans based on their economic strategies. This will reduce local government concerns about regional planning and jurisdictional issues.
211. Jointly design the early communication plan for engagement with the provinces for the purposes of informing the timeliness of parcel title searches and the identification of registered TPIs.
212. Canada should be creating efficiencies internally by increasing education and collaboration on ATR Files as between federal departments and taking the lead on interests/encumbrances held by Canada.
213. Canada should enhance collaboration between ISC and relevant Provincial Ministries to create efficiencies in clearing interest/encumbrances on ATR land.
214. If Canada requires a letter from a third party or the province, this and the content should be identified at the beginning of the process not layered on later at the whim of Canada.
215. The ATR Policy should focus on the replacement of interests that are on title or be clear as to what interests must be replaced, what third parties must be notified and what interests can transfer to Canada without impacting the quality of title being obtained.
216. Clarify applicable environmental standards to be met, standards of remediation, terms of indemnity, and ways to integrate First Nations with environmental land codes.
217. It is recommended that departments, such as the Surveyor General and Environmental, have employees who are dedicated to reviewing ESAs and surveys and that these individuals participate in the ATR calls with Canada and the First Nations.
218. service agreement negotiation time needs to be reduced. This could be significantly reduced by using support First Nation institutions like the First Nations Tax Commission which has facilitated over 20 service agreements at an average of about 6 months.
219. It is recommended that departments, such as the Surveyor General and Environmental, have employees who are dedicated to reviewing ESAs and surveys and that these individuals participate in the ATR calls with Canada and the First Nations.
220. More ability for First Nations to directly negotiate. We should not have land held up for years because Canada and the province are in a dispute with each other over technical surveying matters.
221. Increasing funding and resources to support environmental assessments and surveys.
222. Working with municipalities to shorten the length of time it takes to implement an ATR.
223. Efficiency in consultations, for example the Framework Agreement to describe circumstances under which provincial consultation processes can be relied on by Canada.
224. Support ATRs even if municipalities oppose them, except under narrow conditions. ATR proposals should be approved unless valid objections arise, such as when a municipal expropriation for public purposes is underway.
225. Institute strong dispute resolution mechanisms and clearly define timelines for consultation, identification and rectification of third-party interests, and negotiations of municipal servicing agreements with local governments.
226. With respect to eligibility for additions to SG First Nation Lands, the primary consideration should be the nature and location of lands, and well as the circumstances by which they were acquired.
227. Engage provinces and municipalities where they support ATRs. Fast ATRs, particularly in urban areas, should be prioritized when provincial and municipal partners are committed to successful implementation. Proper upfront commitments will help finalize ATRs and allow partners to address land use, infrastructure, and services.
228. Prioritize the needs of First Nations who have experienced land lost due to climate disasters, including, but not limited to, the need to recover land and jurisdiction over its use.
229. One of the key elements that can help kickstart one or more First Nations communities into serious reflection on what they can achieve and how to overcome the obstacles for urban reserves: Does the Government of Canada support the Addition to Reserve application and will it agree to expedite the application?
230. Ensure that the ATR Policy is compatible with and complimentary to Specific Claims settlement agreements.
231. Explore a role for early participation of ATR in the Spec Claims process through the Centre in order to help speed up that process when settlements are made.
232. Use the Recognition of Indigenous Rights & Self Determination (RIRSD) discussion table as an opportunity to streamline outstanding additions to SG First Nations lands resulting from land exchanges with the province.
233. Given the restrictions and conditions on federal expropriation and the emphasis placed on "exchange" of lands in the self-government context, it is important that Canada and a province can enter into agreements with First Nations resulting in land exchanges with certainty respecting the timely completion of any additions or deletion to reserve.
234. It is understood that [the province] will need to be involved in many additions, and for all additions, notified.
235. Undertake a whole-of-government approach to simplify the ATR process, as First Nations have identified negotiating with governments as the most onerous aspect of the process.
236. The experience of First Nations with urban reserves has revealed that local authorities should be brought into the discussions as soon as possible and appropriate.
237. Canada should be specific in its workplan as to the tools it is suggesting be used to address an issue.
238. Canada should defer to a First Nation's ATR application when drafting the workplan and should be flexible when moving through an ATR application to capitalize on efficiencies if and when they are found.
239. Electronic ATR process built into the new Registry (Land Code First Nations). Where a First Nation opts for title held by the First Nation, the registry can commit to fixed deadlines for an ATR decision at the speed of business. Where title is transferred to Canada, the registry will still be used but cannot be responsible for the timing of Canada's title process.
240. Prioritize the acceleration of ATR approvals, reduce the time required to move an application from submission to approval, and simplify the entire process, including by giving more authority to First Nations to manage the process.
241. Clarify existing policy considerations that have been eliminated or revised.
242. Urban reserve processes should be transparent, in so far as commercial and legal requirements permit.
243. The experience of First Nations with urban reserves has revealed that Community engagement is essential and must emphasize both the short and long-term plans and the fee for service arrangements with the municipal governments.
244. Canada should be specific in its workplan as to the tools it is suggesting be used to address an issue.
245. [First Nation] needs to know what, specifically, Canada will require, and what steps will be taken to proceed with additions.
246. Strengthening the dispute resolution mechanisms to negotiate with TPIs, such as municipalities.
247. Public education is crucial as there are many misconceptions about urban reserves. Non-Indigenous peoples often see urban reserves as taking away from non-Indigenous economic opportunities when the evidence suggests that the opposite is the case. The pattern and purpose of an urban reserve need to be explained to the public early in the process.
248. One of the key elements that can help kickstart one or more First Nations communities into serious reflection on what they can achieve and how to overcome the obstacles for urban reserves: Does the property proposed for the reserve have the potential for medium and long-term commercial growth?
249. The experience of First Nations with urban reserves has revealed that Non-Indigenous advocacy and support are important. Most community members follow political and business leaders. Having high-profile people on board sends powerful signals to the community at large.
250. The experience of First Nations with urban reserves has revealed that Ceremony is important. Local authorities and residents should be invited, as appropriate, to public events and celebrations. Urban reserves have become key elements in partnership building and reconciliation.
251. Organize and carry out skills and capacity based learning workshops on a regular basis.
252. Canada must devote more resources to the ATR process to ensure it can keep up with ATR application demand. For example, Canada knows there are going to be additional legal obligation ATR applications coming in the region.
253. One of the key elements that can help kickstart one or more First Nations communities into serious reflection on what they can achieve and how to overcome the obstacles for urban reserves: Does the First Nation understand the human resource requirements of the reserve creation and operations process and is there a training and recruitment strategy in place to prepare Indigenous peoples for the positions?
254. Providing more technical supports, training, funding, and resources for First Nation, Federal, and Provincial governments to improve understanding of the ATR Policy Directive and process, and First Nation land management systems.
255. Ensure that a new ATR Policy includes increased financial and educational support to assist First Nations with capacity building, and to develop external and internal expertise to assist in all steps of the ATR process.
256. Formalize systems to plan, prepare and budget the actual costs of completing an ATR in full coordination with First Nations and across all necessary federal departments.
257. Formalize early engagement to understand First Nations priorities, capacities and needs to inform ISC and CIR annual budgeting processes and inform next steps.
258. The number of ATR requests and the length of time that they take to be resolved should be publicly reported.

Call for Proposal Reports (2024 to 2025)

259. Develop a new ATR policy/directive that is more efficient and effective.
260. The involvement of various federal departments, provincial governments, municipalities, and third parties requires significant coordination and communication. Miscommunication or delays from any of these parties can stall the ATR process. This includes dealing with issues like municipal service agreements, tax loss adjustments, and consultations with other First Nations.
261. Involve departmental claim officials in the redesign process who can propose efficiencies in ATR-related negotiations/implementation:
     • scope what ATR-related measures can be undertaken during the negotiation phase with a view to avoiding unnecessary delays in negotiation phase (such as ESA, survey, title search, among others)
     • make allowance for FN consultation on the determination of how the phases of claims settlement should proceed (for example more time spent in negotiation phase, or leaving issues to implementation)
     • undertake s. 35 consultation during negotiations to ensure that consultation issues do not encumber the implementation phase
     • establish a framework agreement approach that ties in provinces and municipalities and secures their sign-on to ATR provisions
     • in concert with FN, develop Implementation Plans for each claim with lands provisions, noting timelines, internal and external parties, and an ongoing role for CIRNA where necessary
     • resolve tensions that exist between CIRNA's need to secure a timely deal with ISC's need to ensure unencumbered implementation of lands provisions. FN to be engaged in resolution
     • establish an "operational arm" for each negotiation table to conduct ATR-related activities during negotiations
     • where specific lands are identified for ATR, as much ATR-related information should be ascertained as possible in the negotiation phase: ESA, survey, acquisition costs, capacity
     • where land selection areas are established for ATR acquisitions, conduct a study of lands that are available for purchase and their suitability for FN purposes. Ensure there is a reasonable opportunity to acquire lands to meet the land quantum specified in the claim. Ensure there are no s. 35 consultation issues that could compromise acquisitions could compromise acquisitions
     • develop joint FN/CIRNA/ISC negotiator guidelines reflecting the above
262. Ensure that issues and confusion created by the decision to split DIAND into the departments of CIRNAC and ISC are addressed by ensuring all aspects of ATR and claims resolution are under one department.
263. Indigenous Services Canada (ISC) and CIRNA to arrange for the transfer to ISC of all ATR-related operations, including policy development and approval of ATRs by the Minister of ISC.
264. Streamline all work done with all levels of government to speed up the process.
265. An agreement/legislation should be made with Canada to streamline the ATR process to directly work with the federal government.
266. Engage with First Nations (national, regional and provincial) to re-assess and re-identify which steps are essential (and why) and seek ways to streamline some of the steps – perhaps with a goal of reducing steps by 50%.
267. Conduct pilot(s) to "risk manage" one complicated ATR file in each region/province with streamlined process and assess outcome – proceed without checking off every box, complete ATR and measure timeline.
268. Review of national Assembly First Nation structure/representation and lines of communication to ensure effective representation and adequate information and supports are reaching regional First Nations.
269. The process must be simplified for First Nations.
270. Federal government needs to define third-party interests more clearly – individual or provincial – and create a process(es) that is applicable to each.
271. Introduce a tiered application system to streamline processing for straightforward cases.
272. Recognizing the urgent need for enforceable national ATR legislation, we echo the call for the development of reformed legislation that empowers First Nations and aligns with contemporary Indigenous rights frameworks. Additionally, we emphasize the importance of aligning federal and provincial laws to streamline policy requirements and enhance the efficiency of the ATR process.
273. Natural Resources Canada (NRCAN) should be completing required surveys for ATRs; at no cost to First Nations. NRCAN should be adapting their process to ensure their surveys do not expire.
274. First Nations should be able to handle provincial and municipal notifications independently, unless otherwise requested.
275. To streamline the process, there is a need to develop and adhere to an Additions to ATR Agreement in Principle or Memorandum of Understanding (MOU) that addresses and absolves federal interests in certain ATR lands. This would clarify the role of the federal government and facilitate smoother negotiations between the seller and First Nations regarding land acquisition.
     A new mechanism should be developed that allows First Nations to indemnify Canada from certain risks associated with property acquisition.
276. Streamline ATR policy requirements and decentralize approval processes.
277. Create a way to fast-track small tracts of land that may be held by First Nations members or people wishing to return land to a First Nation.
278. There should be clear requirements for the BCR request and how the land transfer and third parties should be addressed (for example the FA and most First Nation land codes include provisions for third parties at the time of ATR). Since ATRs can take years and sometimes decades, there should also be guidance on transitioning an ATR file started under ALRCA to a process under the Framework Agreement. In principle, ISC/CIRNAC staff should be as minimally involved as possible regarding ATRs for land code First Nations. ISC should also consider adding an ANNEX to the Individual Agreement Canada's ATR procedures once the land code is in force.
279. There are too many government departments involved (ISC, CIRNAC, Department of Justice, and Treasury Board), which makes the process more complicated. There should be fewer government departments involved in the process in order to streamline it.
280. The current ATR process is inherently complex and lengthy, involving multiple phases and numerous stakeholders. This complexity can be daunting for First Nations and may lead to delays and frustration. The process includes phases such as initiation, assessment and review, proposal completion, and final approval, each with its own set of requirements and potential hurdles.
281. Streamline the survey process so that surveys are done in an expeditious manner and only when necessary and ensure that NRCAN has sufficient resources for the work required.
282. ISC to engage with Natural Resources Canada (NRCAN) to consider whether surveyors with provincial qualifications are sufficient for surveying ATR lands.
283. Natural Resources Canada (NRCAN) involvement in surveying to assist FN with boundaries and possible future land issues with Province.
284. Improve coordination between federal, provincial, and municipal governments to resolve jurisdictional issues that can delay or complicate the ATR process. Develop agreements or frameworks to facilitate smoother transitions of land to reserve status
285. Shorten the process once the involved parties indicate their support, even if the details of the final agreements or negotiations have yet to be finalized
286. To streamline the process, consider incorporating provisions that authorize agreements between the First Nation and the federal government. These agreements would enable specific tasks, typically part of the current process, to be completed after the addition is approved and becomes part of the reserve.
287. Negotiating agreements with provincial or territorial governments, as well as private landowners or other stakeholders, can be intricate and time-intensive. Differences in land valuation, terms of transfer, and competing interests may prolong negotiations.
288. The policy must be functional and clear.
289. Task the federal government with ensuring alignment with provincial policies, intervening when necessary to address unreasonable delays or concerns from provincial authorities.
290. The policy should consider the differences between federal policy and provincial practices, with sections detailing these provincial particularities.
291. Audit of regional practices: There are ISC regional differences in processing ATRs.
292. Align provincial/federal ATR principles.
293. A provision acknowledging the disparity that can exist between jurisdictions and Canada's willingness to engage in discussions with provinces to encourage:
     • alignment of provincial/federal ATR principles
     • regular reviews of provincial policies to account for changing conditions
     • consistent application of reserve standards nationally
     • provincial participation in claim negotiations that involve provincial Crown land
294. Make consistency in regional ATR processing a principle of the policy.
     • canvass Regions to determine how they manage ESAs, surveys, TPIs, among others, to determine what is being handled most efficiently and to standardize those approaches
     • determine where provincial requirements necessitate different regional approaches to determine if measures can be taken to encourage consistency
295. Make consistency in regional ATR processing a principle of the policy.
296. Canada and the provincial survey bodies should align on survey plans and land descriptions that are sufficient to satisfy both provincial and federal processes. Doing so would reduce the cost of surveys that need to be completed when working through the ATR process.
297. Task federalare used consistently.
298. Ensure that Specific Claims settlement agreements with ATR provisions include money for ATR processing costs on top of compensation.
299. When negotiating Specific Claims automatically rezone property to RRL [Reconciliation Reserve Land] with no wait time at the conclusion of the claim.
300. Revise the Specific Claims Policy to prioritize land-based settlements over financial compensation and establish an independent body to assess claims to avoid conflicts of interest.
301. Canada (and the Provinces) should treat TLE and other specific claims equally in policy. There is no legal, logical, or practical distinction between TLE and other specific claims related to provincial obligations to fulfill Treaty and/or NRTA obligations, and they should be treated the same....Canada should forcefully ensure that the Province complies with this obligation.
302. Harmonizing federal and provincial regulations to reduce overlapping jurisdictional challenges that often slow the ATR process.
303. [Identifying information] recommends that the federal government carefully consider the requirements of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the recently adopted federal UNDRIP Act in the review and implementation of improvements to the ATR Policy and process. This must be more than vague language or unachievable objectives: UNDRIP and the federal Act provide clear direction on the rights of Indigenous peoples with respect to land and land acquisition. Any changes to the current Policy and process must evolve from a deep understanding of these requirements.
     Additionally, while the 94 Calls to Action from the Truth and Reconciliation Commission (TRC) do not speak directly to the ATR Policy or process, there is guidance on how to proceed in the development of relationships and procedures within this document. We request that the federal government pay close attention to both the spirit and the requirements provided through the work of the TRC.
304. The need for compliance with the United Nations Declaration on the Rights of Indigenous Peoples Act is an impetus in that direction.
305. The ATR policy must conform to the principles of Indigenous rights and reconciliation as enshrined in UNDRIP, and the Declaration on the Rights of Indigenous Peoples Act (DRIPA) as instituted by the Province of British Columbia.
306. Revise the ATR policy and process in accordance with UNDRIP, ensuring that First Nations' rights and interests are respected throughout the process.
307. UNDRIP and Canada's subsequent United Nations Declaration Action Plan provide a framework for improving the ATR policy to better align with First Nations' economic development and self-determination aspirations. By embedding UNDRIP principles into the ATR process, Canada can enhance the policy's responsiveness to Indigenous rights, governance, and economic opportunities.
308. Canada needs to be held accountable to uphold and complete their responsibilities under the existing ATR policy. 
309. Ensure the ATR process is stable and will withstand the changing of governments. The changing of governments can change the funding, required time, and policies related to Indigenous peoples. Ensuring there are mechanisms in place to secure the ATR process for First Nations is extremely important.
310. Policy should seek to create a framework for overcoming legislative and policy gaps by way of encouraging government and quasi-governmental entities to behave in a more reconciliatory manner.
311. A formal federal government legislated mandate is required to make ATRs the highest of priorities. 
312. Where in an agreement with the Crown, land was promised to have a certain status, the Crown should keep that promise, and not insist on the nature of the land being restricted to "Indian reserve" as defined in the Indian act.
313. Provide clear rationale when certain lands are removed from consideration. When First Nations wish to include lands to add to their reserve, they are required to provide extensive details as to why they are considering lands, however, provincial and federal governments can unilaterally prevent the inclusion of specific lands without providing a rationale. Providing rationale for not including lands will help increase trust and communication.
314. Creating an independent oversight body, jointly managed by First Nations and federal representatives, to monitor the progress of ATR applications and ensure that timelines are respected.
315. Establishing independent oversight committees that include First Nations representatives to monitor the progress of land transfers and ensure government accountability.
316. Establishment of Monitoring and Accountability Mechanisms:
     • develop clear mechanisms for tracking the progress of TLE land transfers under the ATR policy and holding federal and provincial governments accountable for delays
     • recommend the creation of a joint oversight committee, including [First Nation organization] representatives and government officials, to monitor the implementation of the ATR process for TLE lands and ensure timely resolutions
317. Implement greater recognition of FN Right and authority to manage our own Land under FAFNLMA.
318. Respect and integrate First Nations' decision-making processes into the ATR framework
319. Any ATR policy reform must recognize First Nations' rights to manage our own Land and resources. Any and all changes must be founded on meeting the rights and interests of First Nation communities; not the interests of Canada.
320. Repeal s. 28.1 of the Indian Act.
321. [Identifying information] recommends that the federal government shift to increase the jurisdictional authorities of First Nations. This will require significant changes in federal legislation and completely new understandings of the Rights of Nations and First Peoples. We would contend, however, that these changes are needed if the federal government is sincere in its commitment to UNDRIP and the accompanying new federal Act. We ask the federal government to step up to this task.
322. More consideration needs to be given to the Treaties (5 and 9), to our Indigenous rights, and to our right to self-determination, which need to be integrated into the process and understood by all parties.
323. Enhance acknowledgment of First Nations' sovereignty and community rights to access land and resources.  
324. [Identifying information] does not need nor want protection from Canada. [identifying information] wants to be free to make our own decisions.
325. The Two-Row Wampum is our policy with the government. The government needs to start respecting our treaties.
326. Would it not be in the best interests of the First Nation and Canada, if the land transferred through ATR actually is owned by the Nation?
327. Historical injustices committed during the Treaty-making process need to be addressed to ensure that we are not making more laws that erode our rights.
328. Ensure that the ATR process acknowledges and respects the historical and legal rights of First Nations, including treaties, land claims, and traditional territories. The process should not only add lands to reserves but also support the broader goal of recognizing and upholding First Nations' sovereignty and land rights.
329. Policy should appreciate the governmental dynamics of First Nations and allow elected bodies to fulfill their mandates by making complex decision.
330. You have to state what the land is going to be used for. So in other words, does it have to be housing? Does it have to be commercial or whatever the case may be? Or maybe the First Nation is just buying it because? They want to, with the opportunity, came up with gunwale gay. You know, it's none of your business what we're using the line for and that shouldn't be a part of the criteria, right? It needs to be a lot faster and quicker. And I think also to recognize our community decision making process.
331. Unsurrendered land, and treaty-protected land, which do not necessarily fit within the current definition of an "Indian reserve," should have both the protections and exemptions for reserves in the Indian Act and the benefits of their legal status. This may require specific prerogative or legislative action.
332. Remove the ATR policy altogether for FAFNLMA FN's.
333. The ATR policy should be redesigned to accommodate both First Nations that wish to stay under the Indian Act and those who prefer fee simple landholding and Aboriginal title.
334. Legal land instruments. Indian Act versus First Nation (land code) or Self Government.
335. Ensure that the ATR process is constructed to accommodate the different lands tenure systems on reserve for example whether a First Nation is under the Indian Act, First Nation Land Management Act, or is a self-governing First Nation.
336. Canada's Self-Determination Policy, as part of its broader commitment to reconciliation, focuses on empowering Indigenous communities to take control of their own governance, land, and resources. If effectively integrated with the ATR Policy, the Self-Determination Policy can significantly improve the speed and efficiency of reserve land creation processes, while enhancing the ability of First Nations to exercise control over their lands.
337. Amending the Indian Act and other legislation governing the reserve land creation process to reflect the principles of self-determination, First Nations could gain greater autonomy in acquiring and managing lands without having to wait for federal sign-off at every step.
338. Prioritize faster land transfers for Treaty-related claims, recognizing that these lands are part of the legal and historical rights of First Nations. This could include dedicated resources and streamlined processes specifically for TLE-related additions to reserves.
339. Shift from a paternalistic model to one where First Nations are seen as equal partners in the implementation of treaties, allowing them to manage the land transfer process more directly.
340. Co-governance models where First Nations and federal/provincial authorities work together as equal partners to determine the use and management of added lands.
341. Ensure that the ATR policy fully respects the Treaty rights of [identifying information] Manitoba First Nations and aligns with the principles of self-determination as outlined in UNDRIP.
     [identifying information] should continue to advocate for reforms to the ATR policy that reduce federal oversight and give First Nations greater control over the land transfer process.
342. Ministerial approvals should take no more than 3 months after all steps have been completed. If more than 3 months has elapsed and ministerial order is not complete, then it is understood as granted.
343. Issue a Conditional Ministerial Order When title received under Holding Company name:
     • the local level could and should be able to issue the Conditional MO – (name change) by ISC senior Manager. This is a must early in the process!! Allow for Nations to plan
     • only requirement would be the Purchasing BCR and Provincial land titles showing ownership now in the Holding company name
344. The Deputy Minister and Regional Directors should be delegated additional authority to make decisions on behalf of ISC in order to improve efficiency in the process.
345. The need for ministerial approval should be removed and, at a minimum, Regional Directors and Deputy Ministers, and perhaps others, should be empowered to make decisions here in place of Ministers. In one instance, ERFN was proceeding through the ATR process only to be frustrated by the fact that because it was a Federal Government election year, ERFN experienced unreasonable delay in conversion of the land to Reserve due to the fact that Ministerial approval could not be obtained in a timely manner.
346. Simplify policy requirements, decrease ministerial oversight, and decentralize approval processes to expedite decision-making and empower local governance.  
347. Send notice letters to Province, municipalities and surrounding communities instead of seeking approval/concurrence as part of the ATR consultation process.
348. Create tools through legislation to facilitate ATRs.
349. As part of transparency, CIRNAC/ISC be required to disclose in a timely manner all internal policies, directives, and protocols that apply to the ATR process.
350. Streamlining approvals by allowing First Nations to manage certain procedural aspects of the ATR process themselves, such as environmental assessments, land surveys and land-use planning, which are often bottlenecks in the current system.
351. Reducing bureaucratic red tape by establishing clear, First Nation-led protocols for land additions, thus minimizing the back-and-forth between federal departments.
352. The ATR Policy Redesign process should be halted, and the entire ATR process should be reformed into a new First Nations land tenure model that moves beyond old colonial constructs. This new land tenure model would be defined, determined and guided solely by First Nations principles, revolutionizing land tenure within the Canadian system and providing a model for true self-determination.
353. Specific requirements (such as Municipal Services Agreements, Environmental Assessment, Third Party Consultation, TPIs) should be determined by the First Nation, or at least in consideration to the needs, values and priorities of the First Nation.
354. First Nations should lead defining and administering the ATR policies and processes. It was very important to most participants that they have a voice and be heard about lands that are important to them and how those lands get added to reserve.
355. How can you have two groups who don't quite have it figured out yet, steer a process? It would be better if the knowledge is passed to Indigenous leaders to steer and implement as it will be their land to use eventually.
356. Remove the requirement to finalize a Co-Management Agreement before reserve creation. First Nation communities are best positioned to determine if a governance agreement is necessary and what its contents should be. Administration and governance should proceed at the pace set by the First Nations, without completed agreements being imposed by Canada prior to reserve creation.
357. Developing a First Nations specific ATR process.
358. Involve Indigenous people who are directly affected by the policy in the development and implementation of future ATR processes.
359. First Nations should control the process and priorities for adding lands to reserve. Therefore, the priorities may be unique to each First Nation and even different for different lands for a First Nation.
360. Policy should seek to appreciate the sophistication of First Nations by allowing First Nations to manage the level of risk they are willing to accept in the ATR process.
361. Delegate a FN organization with the implementation of Reserve Creation on FN land.
362. Canada should not approve or make decisions regarding FN Land and Resources.
363. Insist that First Nations lead the ATR Policy Redesign.
364. [Identifying information] specific ATR policy.
365. The ATR process should be administered with an implicit understanding that First Nations operate in their community's best interest.
366. … if a goal of the redesign of the ATR policy is to focus on reconciliation and creating an expedited and more accessible ATR process, First Nation involvement should take place at each stage.
367. Clearly state in the principles that the perspectives of First Nations should guide the ATR process.
368. A new First Nation-led ATR policy could be developed by and for First Nations that have signed onto FAFNLM. 
369. Canada should plan to transfer the ATR process/policy to First Nations. Clear timelines and steps need to be established to this end. 
370. ISC should be involved by invitation only, for identified phases or steps. If a First Nation identifies capacity issues and requests assistance, there should be a stream available for providing assistance and capacity building.
371. The policy needs to be flexible enough to accommodate the differences between our communities. This cannot be a "cookie cutter" process.
372. Let First Nations take control of the process only with full and sufficient support from the government. No off-loading.
373. All land-related processes should be managed by the First Nations.
374. First Nations should implement their own laws and rights in the ATR process.
375. Provide First Nations with opportunities to be part of the decision-making process.
376. The ATR process needs to be transferred to First Nations to manage and implement.
377. First Nations should manage all aspects of their affairs and make their own decisions regarding their land.
378. The Crown needs to acknowledge that the ATR process is borne out of colonialism and that the lands being sought to be added are traditional lands that were taken from First Nations. This perspective should flow throw all aspects of the ATR process, such as First Nations driving the process.
379. A pan Canadian approach to this will not work. Flexibility must be included in the process and federal officials must adapt to how the First Nation wishes to proceed.
380. Co-developing a policy should be truly co-developed and not federal government officials with pen in hand and then sending to communities for comments.
381. First Nations should take over the administration of the ATR process. Allow First Nations to develop and implement their own land management processes.
382. Remove Indian Act Constraints. The ATR policy and process directives within the Indian Act Lands Management Manual should be removed.
383. First Nations should lead their own ATR processes and consultations, guiding decisions based on their unique needs and relationships. This includes allowing First Nations to consult with their communities and long-standing partners.
384. If reconciliation is truly at the heart of the Policy, it would be in the best interests of Canada and the First Nation, if the First Nation leads this process and undertakes the work and the requirements of the assessment.
385. ATR should be a regulation under the Indian Act and not a policy or directive.
386. No involvement by ISC for following:
     • land purchase
     • land selection
     • impact & benefits to FN
     • environment concerns (only special reasons should ISC be involved – Existing contaminated sites)
     • once FN & Holding company have made the decision to seek Reserve status then only purchasing BCR would be required by ISC to begin the process
     • submit a Purchasing BCR to ISC to begin the ATR file. Open a NATS file should trigger ISC involvement
387. There should be flexibility in the process such that different principles apply to different First Nations depending on each First Nation's values and priorities.
388. The principles of the ATR process should include an acknowledgment that the additional land base that is being sought is for the well-being of our First Nation members, and the associated infrastructure for economic development and housing is for the socio-economic health and wellness of our community.
389. 1st priority given to ATR applications concerned with providing much needed housing within the Cowichan Tribes land base.
390. Enhance timeliness through FN assumption of responsibility - Clearly define where Canada's fiduciary obligation extends to ATR with an eye to determining where release and indemnity is acceptable.
     • a policy provision that allows for FN assumption of responsibility, visà-vis Canada's obligations, where assuming responsibility can accelerate the process by reducing the need for Canada's involvement in the development of instruments, among others
     • consideration of approaches to expedite the authorization of interests where the FN is prepared to accept responsibility
391. The information about policy and process is difficult to understand and needs to be explained in a way community members can understand it. We have our own ways, and our own protocols, and government needs to respect our knowledge and our ways of doing things when developing policy or engaging with us in the ATR process. There is need for a balanced dialogue, and acknowledgement of the importance of trust and respect in relationships. Historical wrongs during the Treaty process and other government processes need to be understood so the same communication and engagement mistakes are not made in this process.
392. Have always felt that the environmental assessment process for this application had nothing to do with us but everything to do with them (provincial or federal government) as we [identifying information] have been kept to the reserve land and if there are any contamination issues that was not our fault.
393. [identifying information] should be recognized as the final authority in the ATR process for lands on [identifying information].
394. It is imperative that the consultation process is streamlined to reflect the Council of Haida Nation's role. The process should ensure that decisions are made in alignment with the Council's directives, with local government bodies providing input as part of a collaborative approach.
395. There needs to be more research, more discussion, and more understanding of the place of the prerogative authority of the Crown in the setting apart of Indian reserves. Rather than only being an anachronism, it may also prove to be a flexible and useful tool.
396. Instead of merely consulting First Nations as a stakeholder in the ATR process, empower First Nations to lead consultations related to the land addition process. This ensures that land use and development reflect community values.
397. Custom land-use plans that reflect Indigenous values and legal traditions, rather than imposing one-size-fits-all federal regulations on how new reserve lands can be used.
398. Approve a targeted engagement strategy with [identifying information] Manitoba First Nations and [First Nation organization] to gather additional feedback on the ATR process.
399. [Identifying information] recommends that the federal government consider the modernization of online forms to allow for cross-filling of applications and reporting formats. Additionally, the Nation recommends that this ATR Policy and process review carefully considers what is being asked for of applicants with an eye to reducing the inclusion of unnecessary requests for information or the duplication of efforts by staff.
400. [Identifying information] strongly recommends that the requirement to contact staff to access a copy of the ATR application. Instead, the website must be amended to provide clear access to the application in multiple formats to best assist Nations in their ATR application processes.
401. They recommended the 20-page application process be abolished in favour of a one-page application that only requires the necessary information required to initiate the process. Decentralizing approvals to the Region and Regional Director General was put forward as another option to expedite the process since delays from reviews and approvals at Headquarters/the Ministerial level are frequent.
402. The application should be simplified and only require basic information, such as a land description, general location, and ownership status, for the RDG's conditional approval.
403. Create a record of First Nations under settlement:
     • Specific Claims
     • TLE
     Each Nation should have on file a blanket Letter of support for all/any ATR as this is the main purpose to a lot of settlement.
404. The letter conveying the Ministerial Order should state explicitly that transfer is required to remove the condition, and advise the FN to contact its lawyer to complete the transfer.
405. Remove/simplify the lengthy ATR application process to streamline and expedite the process.
406. Link the ATR process with broader economic development strategies to maximize the benefits of land additions. Support initiatives that use newly added lands for sustainable economic growth, such as community-owned enterprises, tourism, and renewable energy projects.
407. Canada would do better if they were to provide additional resources to those TLE Nations, for example, on how to build wealth using land, or how to use the land for economic development purposes.
     Further to the above, can the land be used for agricultural purposes to address food security issues that exist in First Nations? The answer could be yes, but providing there is also an economic development reason for the use of the land. Many community members view land additions as a critical component of their economic future, providing opportunities for growth and prosperity.
408. Delays in the existing ATR process are also a significant impediment to First Nations moving ahead on economic opportunities." Cowichan Tribes remains ready for the federal government to "Work directly with First Nations on the development and implementation of solutions" as identified in their 2013 report with regard to barriers to economic development on reserve lands, and also lands that still wait for inclusion in the Cowichan Tribes reserves.
409. Align Canada's processes, practices, and policies with the economic requirements of First Nations.
410. Align the ATR process with business timelines to support economic development opportunities.
411. Expand economic reconciliation through ATR by making the process more flexible for urban development and supporting Indigenous land trusts and donations.
412. Provide federal tax incentives and exemptions for land donations and Indigenous-held lands.
413. Explore reforms that unlock economic opportunities, such as Indigenous Land Trusts, tax-free mechanisms, and incentives for land purchases.
414. ATRs that align with economic development goals should be prioritized. The policy should ensure that lands being added to reserves facilitate long-term economic opportunities, whether through tourism, commercial development, or resource management. ISC should work closely with MCFN to identify land that meets these criteria and streamline the process for transferring such lands.
415. ISSUE Official Ministerial Orders – Direct from Ottawa.
     • under the Crown for Indian Act
     • under the First Nation for Land Code
     • Land Code bands
     Once lands are fully registered under First Nation the revenue from the Lands would be tagged for direct transfer to membership as outlined in the Land Code.
416. [Identifying information] supports amending the ATR Policy and process to create a simplified process for the conversion of Fee Simple lands to ATR Lands.
417. Financing and Mortgage rules are impacted by ATR lands.
418. The process should be expedited when it is related to housing and infrastructure needs. ATR is not just about making a reserve bigger: it is about wellness and economic development.
419. First Nations should receive fair royalties for all developments in the North in order to expand and improve the community infrastructure and increase economic development.
420. There is one thing that would be beneficial to us if it was permitted. That is the fact that they keep us off of the land even though we are more than 90% of the way finished with the application process. We have several projects slated to be built on the land and the financial obligations tied to the land but ISC refused to let us start clearing the land in preparation for building.
421. Establish criteria for prioritizing ATR requests that address urgent community needs, such as land for housing, economic development, or environmental protection. Ensure that the ATR process can respond swiftly to these critical needs.
422. Adopt co-management models where First Nations and federal authorities work together as equal partners, ensuring that decisions about reserve land creation are made collaboratively and in real time, rather than being delayed by layers of government approval.
423. Develop tailored agreements that reflect First Nations' specific needs and timelines for land additions. This flexibility would allow First Nations to design a process that fits their circumstances, including accelerated timelines for land transfers.
424. Faster approvals for land additions related to economic development, allowing First Nations to quickly secure lands for projects that generate revenue, create jobs, and support community well-being.
425. Streamlined processes for land-use approvals, particularly in cases where First Nations have strong business cases for the economic use of new reserve lands, minimizing unnecessary regulatory restrictions.
426. Fast-track land additions when First Nations seek to expand their reserves for economic development. The principle of FPIC can be used to reduce federal or provincial interventions in cases where First Nations wish to use new lands for commercial or industrial purposes.
427. Integrate UNDRIP principles to ensure First Nations have greater flexibility to designate land use for economic purposes without having to meet restrictive federal or provincial criteria.
428. Streamlining the ATR process for lands designated for economic purposes such as commercial ventures, tourism, and resource management.
429. Financial incentives and tax benefits for First Nations engaging in sustainable economic development on new reserve lands.
430. Review of Economic Development Barriers:
     • conduct a targeted review of how land-use regulations and financing barriers limit the economic development potential of TLE lands
     • engage with provincial and federal agencies to explore potential reforms that would allow for greater economic flexibility on TLE lands, ensuring First Nations can pursue development projects that align with their community's goals
431. Support the development of a formal proposal for ATR policy reform to be submitted to the federal government, emphasizing regional needs and economic development flexibility.
432. Remove unnecessary ATR categories as they do not expedite the process. For example, "legal obligation "ATRs, quite often take longer than necessary, despite Canada's legal obligations to resolve them through the settlement of specific claims.
433. The ATR process should not hinder First Nations' ability to proceed with the intended use of their ATR land. The process should allow the First Nation to move forward with the intended use of their land at the same time as the ATR process.
434. Allow First Nations to undertake projects on lands undergoing reserve addition, while respecting applicable rules and regulations.
435. Remove the requirement for a referendum-style vote in each community for joint reserve creation.
436. First Nations should have the decision to have land transferred in an "as is" condition and would indemnify Canada for any liability. It should be noted that the lands purchased by [identifying information] were all agricultural lands and had only houses and barns, on the lands. There were no major environmental concerns and yet the EA still needs to be complete.
437. Provide for the development of instruments to enable FNs to acquire lands that exceed environmental standards for ATR where FNs are prepared to address the liabilities these pose for Canada. Restricted use could be managed more readily by Land Code FNs, while options for Indian Act bands need further consideration.
438. Indemnity Clause withdraws Canada's liability in the proposed lands to be added and states it will be transferred "as is". [identifying information] has repeatedly requested that this be abided by as most of the lands are former agricultural. This clause should be able to be implemented by First Nations to transfer the lands "as is." Although [identifying information] are willing to adhere to this clause, it has not been an option at this point.
439. Simplify the ATR process for uncontroversial or small-scale cases and eliminate barriers such as resolving environmental issues before ATR approvals.
440. Existing Encumbrances should not hold up the process of transferring the property. As the property remains under municipal/Ontario jurisdiction until officially added to the reserve, we are unable to fully assert our jurisdiction and control over these properties. The First Nations can indemnify Canada and deal with the situation once transferred.
441. Eliminate some of the ATR policy requirements.
442. Remove Restrictions on Fee Simple Purchases. Allow First Nations to purchase fee simple land without unnecessary restrictions or conditions beyond those applied to any other buyer in standard real estate transactions.
443. The impact benefit statements should be an internal tool used at the discretion of First Nations and should not be mandated as a required document for the Reserve Creation proposal.
444. Make submission of an IBA optional.
445. "Justification" that meets only Canada's values, culture and interests and not those of the Indigenous peoples should not be a consideration in deciding whether land should be returned to or granted reserved status. Instead, the honour of the Crown should be a pragmatic guide to decision-making.
446. Why do we need to pay for land that was stolen from us, then beg ISC to get it added to the little bit of land we have? Given the widespread dispossession of our people from their lands, the need to justify an ATR or provide grounds for the ATR is incredibly distasteful.
447. Eliminate the requirement to identify intended land use for the Reserve Creation Proposal.
448. The ATR process must more closely reflect the reality of land use planning processes. Part D of the ATR application form requires a First Nation to provide a detailed outline of how it intends to use the land, but this is often not something that is considered by a First Nation in detail for land that it does not already control: the ATR process should not require this to occur prior to the First Nation obtaining control over the land. First Nations should be entitled to expand their reserve land bases without specific land uses in mind.
449. Develop a means by which reserve programming for ATR related processes (such as land use planning) may be extended to lands that are not yet reserve given certain conditions:
     • the land is held by the FN
     • the land is in the ATR process
     • a Letter of Support has been issued
     • there is an urgency which, without timely attention, would prove detrimental to the FN
     • consideration would be given to such reserve programming as may be relevant to that particular ATR for a particular purpose
     • willingness to provide securities, such as an agreement with the department that, of funding, responsibility for any environmental liabilities or activities resulting from development would accrue to the FN as in any fee simple ownership, and would remain with the FN following ATR
450. Canada should not need to know First Nations use of lands for ATR.
451. The Crown needs to acknowledge that the ATR process is borne out of colonialism and that the lands being sought to be added are traditional lands that were taken from First Nations. This perspective should flow throw all aspects of the ATR process: such as First Nations not having to justify their positions.
452. The federal government does not need to know what we are going to do with the land before it proceeds along the ATR process. Communities are or may be holding the land for future generations to decide what the best use of the land is when the time comes.
453. The policy should be based on the principle that these lands have always been Indigenous territories. First Nations should not be required to justify their access and use of their own lands to governments.
454. Create a streamlined mechanism for ATR approvals when land acquisition is contiguous to a reserve without the requirement of providing proof of need to the federal government. Under the auspice of self-determination, First Nations should not be compelled to have to explain their reasoning behind the ATR request. Communities have the self-determined authority to decide what is in the best interests of their communities within their own governance structures.
455. Section 35 Consultations: There is either lack of or why it is a requirement if the lands are immediately adjacent or in close proximity to a FN.
456. Relying on a complete CLSR Survey before transfer should not hold up the process.
457. Coordinated by Headquarters and working with Indigenous partners, Federation of Canadian Municipalities and any other related parties to explore such options as:
     • template agreements for municipal service delivery
     • ways to add schedules to agreements that provide for more services, among others, without having to amend the agreement
     • arrangements in which agreements are not required where circumstances make them unnecessary
     • arrangements where limited services are required, noncontractual measures can be used such as a letter exchange
458. Remove the requirement for a completed Municipal Service Agreement, particularly if there is an absence of immediate services required for bare and vacant land, prior to reserve creation/ATR approval. Recognize the power imbalance and disadvantage this creates for the First Nations. This change will prevent power imbalances and ensure fair negotiations, avoiding the "unintentional" veto power provided to municipalities and/or provinces.
459. Remove the Municipal Service Agreement Requirement for ATR approvals OR Sequence the negotiation of a municipal service agreement to meet the needs of the First Nation. Formalize the principle that a municipality has no veto.
460. Transfer land first and resolve Municipal Servicing Agreements later.
461. Land transfers should be finalized while negotiating any Permit/Agreement for services. This should not hold up the process.
462. Canada should adopt a more proactive approach, especially regarding subsurface rights/mines and minerals. There is a role for Canada to play in ensuring that the issue of subsurface rights is appropriately addressed...in settling specific claims and the ATR process to ensure that First Nations are made whole when specific claims are settled.
463. Canada should take a more proactive role in ensuring that First Nation treaty partners can secure and add to reserve Crown lands and subsurface rights to which they are entitled under the Treaty and specific claims that are held by the provinces.
464. First Nations should have the right to add lands to their reserves even in cases where there is mineral right staking in place. The Mining Act needs to change to require consultation with First Nations before First Nations lose the ability to add these lands to their reserves, and the ATR policy framework should make corresponding changes to enable these lands to be added to reserve despite the existence of mineral rights.
465. Departments to encourage the introduction of provincial legislation to allow the development of surface access agreements that extend access to rights holders once they are located.
466. When the lands are transferred from the Trustees to a Corporation, the issue of municipal taxes become relevant. There should be no taxes paid on ATRs as we receive no services from the municipality for any land taxes paid.
467. Set up a dedicated fund similar to the fund set up under the 1992 Saskatchewan TLE Framework Agreement for tax loss compensation for school boards and municipalities, which Canada and, in some cases, the province, would pay into when a settlement agreement is reached which includes provisions for ATR.
468. Consider having tax-loss compensation paid to municipalities and school boards upon acquisition of the lands, rather than when the lands are converted to reserve status.
469. Abolish the requirement that FN's must negotiate tax loss. Canada could also negotiate and pay.
470. Establish a framework to relieve First Nations from municipal tax obligations throughout the duration of the ATR process.
471. Allow Nations to build relationships with neighbors and within communities.
472. Dissolve the need to negotiate tax loss or Canada can negotiate and pay.
473. Create standards of service or some benchmark for ATRS – and if a community ends up holding land in fee simple for an period of time that is beyond the service standard, then Canada ought to a reimburse the tax paid on the lot. If there is a lost opportunity owing to delays in an ATR, there should be a way to compensate the community for these losses, outside a court process.
474. ISC/CIRNA to work with Indigenous partners to engage with provinces/FCM on a tax exemption strategy for ATR lands. Statutory and policy solutions to be considered.
475. Review 25-year tax payment by First Nations for Urban Reserve development, compared to Government paying the 25 years for Rural Reserve creation.
476. Review land tax or 25-year cap for fee simple land held in ATR process.
477. Review benefits and tax exemptions for land held in ATR process and Fee Simple held lands.
478. ISC/CIRNAC should collaborate with the Federation of Canadian Municipalities and/or regional First Nation-led organizations to educate municipal officials at the political and technical levels to better understand the ATR policy. The ATR policy on MSAs and tax loss should be rewritten to provide clear guidance and expectations for all parties involved.
479. Taxation issues for First Nations that are/may be doing an ATR application.
480. First Nations should not have to pay taxes on ATR properties as they move through the ATR process.
481. Eliminate the section "Directive 10-1: Annex C - Guidelines for Agreements Between First Nations and Municipal Governments" related to recommendations for agreements with neighboring municipalities, as it causes further delays and gives disproportionate negotiating power to the municipality.
482. Service agreements with municipalities can take a long time to negotiate and can involve significant cost.
483. Since Canada mandates that First Nations - unlike other levels of government like municipalities and provinces - must negotiate and settle TPIs prior to adding land to their Reserve, Canada should shoulder the burden of those costs. This third-party requirement t is very time consuming, often lasting years, and at great expense. Third parties (like utilities) that are unwilling to negotiate in good faith and essentially stall ATR processes indefinitely, which is all too common an occurrence, costs First Nations absorbent amounts of money in legal and negotiation costs.
484. [Identifying information] should be granted more autonomy in managing certain aspects of the ATR process, such as conducting its own environmental assessments and municipal consultations.
485. Canada should be contacting the municipalities, not [identifying information].
486. I think they need to step in when we're not having success. … the government needs to step in now [when dealing with municipalities].
487. The Nation recommends that the wording on "consultation" with local and provincial governments be amended to only require evidence that these levels of government have been informed of the ATR application.
488. Eliminate municipal/provincial consultation requirements.
489. Eliminate TPI requirements.
490. [identifying information] supports the removal of all requirements beyond informing a local government of an ATR application.
491. Policy should emphasize the best interests of First Nations and not the best interests of Canada, particularly in regard to Canada's fiduciary obligation.
492. Eliminate the section on assessing by-law compatibility with neighboring municipalities.
493. Abolish TPI requirements.
494. Abolish municipal/provincial consultation requirements.
495. The current ATR Policy and Process requires that First Nations "consult" with other levels of government and submit their response along with the ATR application. This implies that the opinion of the local or provincial government has some importance to the process, and potentially implies that the opinion of the local or provincial government could waylay or void the process. We vehemently disagree with this step in the process as local and provincial governments should not be involved in the approval process for new reserve lands. Instead, the requirement should be to provide evidence that the local and provincial governments have been informed of the ATR application but should note that no opinion or resolution is required from the local or provincial government as it is inconsequential to the review process.
496. Re-examine requirements for third-party interests. Consider whether there are mechanisms that will allow the title to be transferred to Canada, with registrations /encumbrances intact, that the Minister or a First Nation with a land code could seamlessly take over as "grantor". This could be accomplished through an amendment to the ALRCA, Framework Agreement on FNLMA or a land tenure regulation enacted by a First Nation.
497. Municipalities are consulted during the process because of the loss of municipal tax base, but the legal basis for consultation with municipalities is unclear. This should not occur in most ATR scenarios.
498. It should not be the First Nation's responsibility to deal with the municipalities. Again, in the case of the federal government being responsible for the loss of land without a proper surrender, the federal government is the one to deal with the municipalities and third-party interests as these interests are a result of the federal government's actions and they have already collected taxes or made money off the land that was not theirs.
499. Canada has arbitrarily created a circumference area for consulting other First Nations (100 km) with no rationale for quantifying or qualifying this number. Nations who fall within this area for [identifying information] are not familiar with our territory at all, and they should not need to be consulted. Some Nations have simply circled large Statement of Intent (SOI) areas on maps with zero proof or Strength of Claim to those areas. Canada's only obligation to some Nations should be to simply inform the Nation of plans to approve the ATR. These consultations should be territorially based, not by distances in kilometers from the ATR location.
500. This process [of sending consultation letters] does not need to be done every two years and any notifications to Government or Municipality should be dispensed with. Adding lands to an existing Reserve should not rely upon other Government institutions or Municipalities.
501. Notice of negotiations between First Nations and third parties should suffice for ATR progression.
502. If third parties do not respond to ATR requests, then consent should be assumed.
503. Where land is being restored to its original status as part of fulfilling Crown treaty obligations – that is, where land is being returned to the reserve of which it was originally a part, or should have been a part – no consultation with other bands, or with Métis groups, should be required. It's an internal matter, not an allocation of land in which the public or other groups have any interest.
504. One of the significant challenges in the ATR process on [identifying information] is the difficulty in selecting suitable land. Many prime properties suitable for expansion of reserve lands have been sold and are now privately owned. This privatization limits the availability of desirable land parcels and complicates negotiations for land acquisition.
505. In light of the recent announcement, it is my view that the ATR process should primarily involve the local government bodies on [identifying information]. While consultation with neighboring entities such as the [identifying information] is valuable and appreciated, it should be understood that these consultations are conducted as a courtesy rather than as a decision.
506. ATR requirements should be very limited; only essential steps should be required.
507. "Risk management" could be applied on the more complex ATR files. Perhaps not every step can be/has to be completed and the process can proceed without necessarily checking off every box.
508. Incorporating flexibility in regulatory requirements for land transfers, especially in cases where First Nations have already demonstrated the capacity to manage their lands and meet environmental and legal standards.
509. Accelerated timelines for ATR applications based on the principle that First Nations should not have to wait for lengthy approvals to use their lands for economic development.
510. Provide a process to convert Lands Set Aside (LSA)to reserve land.
511. Amend the ATR Policy to provide different reserve creation pathways at the initial stage of the reserve creation process that considers the size, location, and existing First Nations interest in the proposed reserve land. Applications to convert LSA into reserve land could be a new pathway for reserve creation.
512. Amend the Addition of Lands to Reserves and Reserve Creation Act to include a regime to convert LSAs not selected for the Umbrella Final Agreements into reserve land.
513. Provide for explicit recognition of LSA in the ATR process.
514. Amend the Addition of Lands to Reserves and Reserve Creation Act to include a definition of "lands" which states "includes lands of a First Nation that are referred to in Class 24 of section 91 of the Constitution Act, 1867, Aboriginal title lands, and LSA.
515. Specify a reserve creation category for First Nations who hold LSA but no reserve or treaty lands.
516. Provide a definition for "Land" in the ATR Policy to mean "lands of a First Nation that are referred to in Class 24 of section 91 of the Constitution Act, 1867. They do not include lands set aside or interim protected lands." Including this definition will make it clear that "landless Bands" referred to in section 9.1 includes First Nations in the Yukon who only hold LSA or IPLs.
517. Amend the Addition of Lands to Reserves and Reserve Creation Act to include a provision with a funding guarantee.
518. The Crown needs to acknowledge that the ATR process is borne out of colonialism and that the lands being sought to be added are traditional lands that were taken from First Nations. This perspective should flow through all aspects of the ATR process, with First Nations driving the process, not having to justify their positions, nor bear the expense of adding lands to their reserve.
519. Address and change the negative messaging and perceptions surrounding reserves, reserve creation and ATRs, both internally and externally.
520. Eliminate discriminatory and colonial language such as "reserve" in addressing the redesign process.
521. Cultural and Traditional land set aside opportunities for First Nation communities.
522. In emergency/climate change situations (for example rising sea levels), process should have an expedited option and include a special budget to ensure it gets successfully expedited.
523. ATR policy must address the challenges posed as a result of climate change. The effects of climate change, such as rising sea levels, increased extreme weather events, and changes in precipitation patterns all lead to land loss and displacement for Indigenous communities. For example, Seabird Island has lost about 1600 acres to river erosion, highlighting the need for a climate-driven relocation aspect within ATR. This should also include projections into the future. It is imperative that any reformed legislation incorporate provisions to mitigate these impacts.
524. Climate change and global warming are factors that need to be considered for new policies and directives.
525. Names of Holding company purchasing Lands to be added to Reserve. CIRNAC & ISC should be assisting Nations to develop a strategic plan as to how and where lands would be purchased under settlement. Many neighboring Nations are competing on the same lands. The Southeast is hard to purchase farmland. Working with each settlement group would help to settle priorities to make sure that acres purchases and agreements are successfully filled. Develop policies & procedures for land acquisition and administration.
526. ISC has the opportunity to look at ATR policy and ensure no provincial boundaries are creating limitations for First Nation communities to purchase interprovincial lands for reserve creation.
527. Provide opportunity for First Nations to purchase land outside of TLE and Specific Claims to provide facility to grow community and protect areas of interests.
528. The ATR policy would be more effective in achieving the objectives of reconciliation if the restrictions to either TLE Nations or Nations with specific claims were lifted.
529. Regional assessments should be completed to get a comprehensive view of land needs, land usage and land priorities – creation of "big picture" for the Atlantic Region specifically.
530. Flag ATR processes that have exceeded 2 years in length and prioritize completing these by devoting additional resourcing. […] After 4 years, the land should be automatically added to the First Nation's reserve. Officials in Ontario should be required to work in other provinces where ATRs are being competed in a timely manner to learn. Officials should be required to spend time working for a First Nation, in order to better understand the First Nation's side of an ATR process […] to understand First Nations do not have the capacity, or the resources to complete an ATR.
531. The ATR process needs to be faster and less bureaucratic to be effective in adding lands to reserve.
532. Given the time-consuming of the process, including the consultations requirements, the ATR process needs to be streamlined and a joint consultation process involving all the stakeholders take place at the start of the process, as opposed to near the end of the process.
533. Streamline ATR procedures to eliminate lengthy timeframes.
534. Canada should dedicate Department of Justice lawyers to the ATR process to increase consistency and responsiveness.
535. Establish clear criteria for "unreasonable delays" within the ATR process to establish standards for timely completion and to address prolonged procedural inefficiencies.
536. Upon the First Nation's request, ensure government action for addressing instances of unreasonable delays that slow down the ATR process, while ensuring that this does not further increase delays through bureaucratic intervention.
537. Implement a phased approach to transfer agreed upon lands to First Nations if there is a delay in the process.
538. Make service standards a principle of the policy.
539. Land transfers should be finalized while negotiating any Permit/Agreement for services. This should not hold up the process. Title Searchers - Any encumbrances, reservations, among others, should not hold up the process of completing the transfer.
540. Participants suggested Canada might create actual deadlines as part of the process and use time-limited tax incentives to encourage greater cooperation from TPI holders or land owners who are part of the ATR process.
541. Establishing hard deadlines associated with the various stages of the overall ATR process. The focus is to ensure that the various parties involved can complete their respective work in a timely manner and reducing the degree of time to which concerns can be used to delay or stall the process.
542. Deadlines should be put in place to ensure the ATR process doesn't take decades to complete.
543. Create measurable goals, established timeframes and service standards for ATR processes, response times, and approvals for all parties (provincial and federal departments) involved in the process.
544. National/regional tracking system accessible by First Nations with details on where their respective ATR is every step of the process.
545. The redesigned policy should set legally binding timelines for each stage of the ATR process, ensuring that [identifying information] is not left waiting indefinitely.
546. Define time-sensitive roles and responsibilities for all stakeholders involved in the ATR process.
547. Establish a policy principle that TPI require particular attention in terms of timelines.
548. Provide clear milestones and timelines for the ATR process. Currently there are no guidelines on how long the ATR process should take, which allows the process to be extended, in some cases for decades. Providing clear timelines will ensure the process progresses in a timely manner and will give First Nations a clear understanding of the amount of time it takes to complete an ATR process.
549. Instead of saying it's an agreement and it's a case by case, there should be a fixed time frame. That would probably help in future negotiations.
550. Utilize a First Nation organization to authorize the granting of reserve status.
551. Allow the Regional Director General to grant reserve status.
552. The Government of Canada has exclusive jurisdiction over "land reserved for Indians" pursuant to Section 91(24) of the Constitution Act, 1867. It should use the Crown's prerogative authority to set apart land pursuant to that section. When it does, there needs to be clear agreements about the consequent authority to administer the land. The necessary flexibility can be built into those agreements.
553. Why does a FN have to complete this process? If the FN owns the land as Fee Simple, it should be viewed as Reserve lands.
554. Through the ATR policy, change could be created to have provincial and federal lands set aside for first right of refusal for First Nations to purchase, prior to public tender. This could create opportunities for communities to fulfill shortfalls in equity acres.
555. [Identifying information] recommends that the federal government expand the ATR Policy and process review to a much broader consultation that examines the status of all Reserve Lands in Canada.
556. The right of first refusal should be offered to First Nation communities for all federal and provincial surplus land disposals. This is particularly crucial in New Brunswick, where large tracts of land are not readily available for purchase, and to mitigate the price gouging that occurs from private sellers when they know a First Nation is interested in purchasing land.
557. There was some discussion regarding Urban Reserves and community members indicated that if the federal government is selling their buildings or lands then First Nations should have the first option to purchase or receive.
558. Working with Federal government, the Province, BC Assessment, and municipalities we can create a FN Reconciliation Reserve Land. When transferring land to the Recognition Reserve Land (RRL) it could fall under the current zone use of the municipality for development and land use planning cohesiveness or go through a joint review process. BC Assessment will create an RRL Policy stating the tax exemption and ownership by the First Nations.
559. When the Federal Government has "surplus, underused, and vacant public lands, such as empty office towers or low-rise buildings that could be built on", local First Nations have a first right of refusal on all land opportunities in an effort of reconciliation. A timeline of response, price of the land as 0.00$ can be considered in an effort of reconciliation. Government can include a purchase price for infrastructure, buildings, and other additional value they put into the land to recover costs.
560. First Nations should have priority if crown lands become available not municipalities.
561. Returned land should include the waters – lakes and streams – within those lands. Where the land is tidal, the foreshore, rich in food and uses, should be included.
562. The new policy should make it easier to create First Nation urban lands in order to create economic opportunities for our off reserve members and our First Nations.
563. Work with the Provinces to identify Crown lands and communicate these options clearly to eliminate the reliance on the acquisition of private land for ATR.
564. The Provincial and the Federal governments routinely target vast areas for "protection" particularly in the Northern Boreal Forest of Ontario. The same could be done for reserves instead of the current nickel and dime approach….Canada should commit to a much larger percentage of reserve and in NAN territory, perhaps as large as the current protected areas.
565. Automatic prioritization of reserve land additions when tied to economic development projects that align with community priorities.
566. Automatic land transfer mechanisms for lands subject to long-standing treaties and agreements to reduce bureaucratic delays.
567. Co-development of Indigenous-led environmental assessment process that replaces current federal process. Until that is developed and in place, federal government should rely on existing federal resources/departments to fulfill this ATR requirement (for example NRCAN, Public Works or Environment Canada).
568. First Nations should set environment standards of ATR land not Canada.
569. Remove stale-dates for ESA's and consultation letters.
570. Where the land has been acquired by the FN in fee simple, make provision for the ESA to act as a baseline from the time of the report, not from the time the land is added. Provide for an agreement to be put in place in which the FN assumes responsibility for the environmental condition of the land from the time of the report.
     • provide for BCR confirmation that there has been no environmentally adverse activity on the land
     • ensure consistency in application of the 5-year stale-date
571. The policy that an environmental review is good for only five years should go away. Potential federal liability for polluted land should not be an obstacle to its return, though knowledge and consent are reasonable requirements. If Indigenous people are aware of environmental hazards and want the land back anyway, they should get it back. If Canada is responsible for the environmental damage, it should accept that responsibility.
572. The regulatory environment and policies governing the ATR process can be restrictive and may not always align with the practical needs of First Nations. For instance, the requirement to meet federal standards for surveys and ESAs can be stringent and may not accommodate local conditions or the specific context of the land being added to the reserve.
573. ESAs are crucial but can be costly and time- consuming. The responsibility for ESAs often falls on the First Nations, and delays can occur due to weather conditions, the availability of qualified agents, or the discovery of contamination. Legal complications, such as the requirement for a comprehensive title search and obtaining clear title, add another layer of complexity, which can take several months to complete.
574. Environmental Assessment requirements in the ATR are an example of Canada's overly - cautious and paternalistic approach. This could be improved by allowing First Nations to waive this requirement in certain contexts where they see fit to do so.
575. The environmental assessment requirement in the ATR policy is too rigid, and conducting an ATR for every property is overly cautious in many contexts. This could be improved by allowing a given First Nation to waive this requirement based on their own information.
576. Environmental Assessments and Land Surveys should be completed within a set period, such as 12 months, with mechanisms to expedite reviews in cases where previous assessments have already been conducted.
577. Remove the expiry dates for Environmental Assessments.
578. Change the policy concerning ESAs for culturally sensitivities and/or historic burial grounds. Recognize that some sites are too sensitive for sampling, testing and/or remediation and that Phase roman numeral 2II assessments may disturb artifacts, grave sites or culturally significant sites.
579. Ensure that First Nations do not incur delays and additional costs, particularly if delays in having land transferred to reserve results in environmental assessments expiring.
580. [identifying information] should be granted more autonomy in managing certain aspects of the ATR process, such as conducting its own environmental assessments.
581. ESAs are crucial but can be costly and time- consuming. The responsibility for ESAs often falls on the First Nations, and delays can occur due to weather conditions, the availability of qualified agents, or the discovery of contamination. Legal complications, such as the requirement for a comprehensive title search and obtaining clear title, add another layer of complexity, which can take several months to complete.
582. The regulatory environment and policies governing the ATR process can be restrictive and may not always align with the practical needs of First Nations. For instance, the requirement to meet federal standards for surveys and ESAs can be stringent and may not accommodate local conditions or the specific context of the land being added to the reserve.
583. Where First Nations so desire, make traditional knowledge assessments part of the ESA process.
584. Enhance environmental assessments to consider long term sustainability.
585. Where in the existing policy/legislation does it state that ESAs expire?
586. Ensure that sufficient funds and support are available for environmental remediation of lands.
587. There needs to be clear guidance on how ISC determines if a parcel of land is "too contaminated" to proceed as an ATR. Risk-acceptance may vary depending on whether the First Nation is under the Indian Act versus its own land code. These issues should be addressed in the ATR policy.
588. Financial commitment is needed from the government to clean up contaminated ATR land. First Nations should not have to do this and should not have to negotiate with third parties about it.
589. Enter into mutually acceptable agreements that protect the interests of both parties and recognize the longstanding administration and control of the land by the previous "owner". Environmental responsibilities, including contamination issues, should not be unfairly transferred to First Nations.
590. There are the questions of liability with regard to environmental damage or contaminated sites. In other words, a huge multiplicity of factors and interests that require the active involvement of the federal authority to assuage. The federal government must finally make a concerted effort in this regard.
591. [Identifying information] recommends that Canada be willing to take on more environmental risk at the pre-ATR stage in order to speed up the process.
592. The impacts of climate change on coastal First Nations and the smaller reserves allotted to First Nations on Vancouver Island are not considered in the process, which has enormous implications on available land for housing and economic development.
593. We know lands around us may be contaminated from pesticide, fuel spills, forestry management, and mining, as well as other negative impacts the land has sustained. Environmental assessment and mitigation have to be a crucial part of the ATR process.
594. If the land is contaminated, then it must be the government's responsibility to deal with the clean-up and bring the land up to the proper environmental standard. First Nations should not have to clean up third party messes and the government should not stall the process or not approve an ATR because it doesn't want to pay for clean-up.
595. Nations legal team to work on:
     • Mineral Ownership
     • MSA – Urban selections
     • provincial and municipal relationship
     The lands revenue is already being returned to the Nation because of the Conditional Ministerial order, this would allow the funding to flow directly to these projects. These issues could be resolved after reserve creation but should be dealt with by current elected leadership and Lands Advisory Committee members.
596. The potential for vastness and overlap with other Nations, and other groups, such as the [identifying information] must be considered. Dispute resolution processes must be brought into the ATR process to ensure land can be transitioned for the benefit of First Nations people, not left to squabble.
597. In the case of concerns or disputes, where there are processes prescribed by the treaty relationship, the Government of Canada should use them when requested to do so.
598. Resolve TPIs:
     • identify stakeholders that have TPIs and educate them on what TLE involves
     • identify systematic barriers to resolving recurring TPIs and provide information to the First Nation on possible strategies and actions to address them
     • encourage the use of dispute resolution mechanisms under TLE agreements to help resolve TPIS
599. These [Provincial] parks should not be permitted to interfere with an ATR and the expansion/creation of [identifying information] communities. [identifying information] expects Canada to intervene with Ontario on its behalf.
600. South of the 50th parallel, large areas have been allocated by Ontario to private companies for the purposes of forest management. These areas often interfere with First Nation plans for community creation and expansion. Canada should work with [identifying information] and Ontario to develop a system to limit the impact of provincial forest management.
601. [Identifying information] recommends that the federal government develop clear dispute resolution pathways that address the process for negotiating a dispute that may arise between Nations or between a Nation and another level of government.
602. Provide funding to First Nations for their negotiations with municipalities and third parties.
603. Establishing a conflict resolution procedure, for the Duty to Consult requirements, if more than one First Nation is claiming an area.
604. Build capacity and provide concrete assistance to negotiate with third parties.
605. Provide access and support for alternative disputes resolution processes such as mediation to resolve issues between First Nations and third parties or other levels of Government that are impeding ATRs.
606. Create an impartial and effective ATR dispute resolution mechanism between Canada and First Nations.
607. Municipalities and third parties should be fined if not responding to ATR notification letters.
608. Continued and Increased Third Party Support through Aboriginal Land Managers Associations.
609. Although Canada excludes itself from negotiations and agreements with municipalities, regulations are subject to federal standards and Canada should be available to participate in discussions as needed.
610. Dispute resolution – Back-up support to FN when requested:
     • between neighboring Nations seeking the same lands
     • settling Provincial Surface Agreements
     • land ownership – legacy issues on Nations
611. Institute an impartial and effective ATR dispute resolution mechanism between Canada and First Nations.
612. Prevent TPIs from indefinitely delaying ATRs. In collaboration with First Nations, establish a dispute resolution body or tribunal to address these issues and unnecessary delays caused.
613. Third party issues are one of the main reasons for the stalling of ATR. These should not be the priority. The process must make the First Nations the priority. Government should stop prioritizing the third parties above the First Nations and should speed up the process of dealing with third parties.
614. Government should not off-load the third-party negotiations/settlement responsibilities to the First Nations. It's the Crown's responsibility to deal with third parties (Duty To Consult).
615. TPIs need to go through our First Nation protocols.
616. We need the ability in the ATR process for patented lands to be removed or re-negotiated, as they were illegal from the beginning due to no consultation.
617. The Province should not have a veto on the ATR process, but should be at the table as Treaty partners (in the case of Treaty 9) and on a government-to-government basis for all [identifying information] First Nations.
618. Increased financial support & capacity-building for processing of ATR applications for communities with significant third-party and local government interests.
619. Although more community involvement and control over ATR is desired, Canada as a fiduciary might play a greater role in intergovernmental negotiations to help drive home the message and expectations around inherent rights to a land base, to ensure fairness and help a community avoid improvident or unfair dealings – for example, around Municipal Service Agreements, land purchases, remediations.
620. Canada could create an intergovernmental "liaison" or coordinator to work between parties as an information source, mediator, among others that would help develop relationships and facilitate negotiations between community, municipalities, Provinces and Canada. This could be a position within the Federal Government or again, at the Tribal Council level. This liaison or coordinating work ought to begin early in the process – before phase one is complete.
621. Develop an independent dispute mechanism for resolving conflicts between First Nations and third parties in the ATR process.
622. The policy should introduce a simplified mechanism for resolving third-party interests. This could involve binding arbitration or a predefined framework for compensating third parties with existing interests on the land.
623. Resolving third-party interests, such as utilities, industries, and conservation authorities, can be one of the lengthiest parts of the proposal. Additionally, special circumstances, such as accretion or erosion of land, natural disasters, or subsurface rights issues, add complexity and can delay the process further.
624. No familiarization of an ATR policy/process by Third Party stakeholders leads to misconceptions.
625. Develop a dedicated funding program for ATR proposals to be administered by Indigenous partners and their regional bodies (similar to LAB's administration of proposal-based funding for legacy issues, environmental management development, among others). The First Nation's submission will include details of any projects planned and the funding required to meet project needs. Canada will review the submission to identify applicable funding programs.
     • the Departments to discuss with federal partners (such as Fed Dev, Innovation Canada, Indigenous Business Development) whether programming could be extended to land acquisition costs, particularly where economic development is involved. Land acquisition costs are generally excluded from funding consideration, notwithstanding the integral relationship of acquisition to opportunity
     • establish dedicated funding for Major Project-related ATRs. This could take the form of funding to support the Major Project by resourcing the ATR process, or the utilization of Major Project funds for the ATR process
     • because internal lot surveys are invariably required for Major Projects, resourcing should anticipate these more complex and costly survey projects
626. Clear timelines should be established for municipalities to respond to consultations, and if they fail to do so within the timeframe, the ATR process should proceed without further delays.
627. More active mediation efforts from federal government to resolve TPIs rather than idly sitting back and waiting for First Nation to resolve them on their own.
628. If the third-party issues are provincial-related, then the Federal government should use their efforts, time and resources to resolve the issues, and not place the burden on First Nations to resolve the issues.
629. If the third-party issues are individual-related, then First Nations should be provided with adequate resources to address the issues.
630. Where it is known that lands will be the subject of a claim negotiation, Canada will ensure the authorities are in place to negotiate the provision of funds to the First Nation, pre-settlement, to allow the First Nation to acquire the lands as soon as possible. Funds provided for this purpose will be considered in calculating final settlement terms.
631. To ensure an equal process, especially considering the government is currently prioritizing their parties, First Nations need to be adequately funded in order to fully participate in a fair ATR process.
632. Issue funding for On-Reserve ATR support – general staff positions or rate positions according to amount of land that is to be acquired. Funding formula should follow Regime and settlement requirements for adding lands to reserve. Either fund directly to First Nation, Provincial council (SALT) or via LABRC agreements. More support is needed at the local level.
633. Create educational tools to raise awareness among all stakeholders, including municipalities and third parties, about the issues and processes related to additions to reserve.
634. There needs to be some community education and a process that respects Indigenous ways. We need to translate the policy. Looking at the Indian Act, section 18, the Province of Ontario has a role in this discussion. They are signatories to Treaty No. 9.
635. First Nations do not have the resources or capacity to start and complete an ATR. It should be Canada's policy for costs to be split between the Province and federal government; the costs of an ATR should never be born by the First Nations.
636. Provide ongoing education and training on the ATR process for community members.
637. Canada to work with Indigenous partners to determine where mentoring programs can be established to train First Nation members in environmental assessment and survey conduct, and determine ways this training could progress toward certification through education partners.
638. The Nation supports the development of user-friendly materials in a wide variety of formats to assist staff through the ATR application process.
639. [Identifying information] recommends that the federal government actively participate in local, regional, and national events, conferences, and gatherings (where applicable and invited) to provide training and capacity building on the ATR application process. It is further recommends that the federal government engage with staff from Nations with recent successful applications to share knowledge and build practitioner networks. Additionally, online resources should be expanded to provide information to Nations considering applying for or working through an ATR application. Beyond this, an ongoing, low barrier source of funding for Nations entering into the ATR application process should be provided to ensure this process is accessible to all Nations.
640. Develop and implement tailored education and outreach programs focused on land management, including ATR processes, targeted specifically at communities lacking formal land management frameworks. These programs should be designed in collaboration with community leaders and elders to ensure cultural relevance and effectiveness.
641. Allocate resources and support for capacity-building initiatives aimed at increasing understanding and competency in reserve lands management and ATR processes. This may include training workshops, mentorship programs, and access to expert guidance.
642. Enhance communication and engagement efforts to foster a better understanding of reserve lands management concepts and ATR processes within the communities. This could involve regular community meetings, informational materials in local languages, and the use of culturally appropriate communication channels.
643. Advocate for increased support and resources from regional First Nation governments, federal government agencies and other relevant stakeholders to address the specific needs of communities lacking general lands management knowledge. This may include lobbying for funding for education and capacity-building initiatives, as well as policy reforms to streamline ATR processes and support community-led land governance.
644. There should be increased education about the ATR process.
645. Provide funding to First Nations towards resources for every ATR file – to ensure that each ATR is fully and successfully completed in a timely manner.
646. Policy should seek to lower the cost burden on First Nations
647. More money needs to be made available during these times of reconciliation and land - settlement for capacity building in First Nations in the area of lands and resources. At a minimum, First Nations should always be able to recover 100% of their costs incurred to complete, submit, and process an ATR claim.
648. Canada should provide funding for ATR project management and negotiations training to FN Lands Officials.
649. Canada should provide resources to stop delays.
650. Canada should provide funding to FN's for their negotiations with Third Parties.
651. Fund in-house ATR technical experts.
652. To accelerate and streamline the effective execution of the ATR process, recognize its significance by allocating resources proportional to its scale, including, but not limited to time, financial and human resources.
653. Provide comprehensive training and materials for ISC staff and First Nations to ensure their ability to navigate the ATR process.
654. Indicate in the policy the critical importance of departmental ATR expertise and the willingness of Canada to meet the demand for reconciliation alongside Indigenous partners in the recruitment, training, maintenance and succession planning of departmental staff.
655. ATR Training program for Urban and Rural Municipalities' council and staff.
656. Increased Funding and Financial support for Land Purchases.
657. Special program funding (with eligibility and access criteria to be co-developed with First Nations) needs to be established for the purchase of lands.
658. Increased Funding for First Nation ATR staffing and training
659. Allocate resources to develop external expertise in additions to reserve, for example, through regional organizations, to support First Nations administration in this process.
660. Allocate funds to ensure sufficient human resources within the First Nation administration to manage additions to reserve files.
661. Opening an active ATR Issue funding for On-Reserve ATR support – general staff positions or rate positions according to amount of land that is to be acquired. Funding formula should follow Regime and settlement requirements for adding lands to reserve. (Either fund directly to FN, Provincial council (SALT) or via LABRC agreements) More support is needed at the local level.
662. NRCAN Involvement:
     • mapping
     • surveying to assist FN with boundaries and possible future land issues with Province
     • creating systems to design best use, for example infrastructure & shared grounds
     • offer more training supports on GIS and boundary issues
     • work with neighboring Nations to define Traditional Territories and overlaps in current "reserves". Tear down the current walls between neighboring Nations
663. Environmental Officers should have access to records on lands so that when a Purchasing BCR is registered, it should trigger review of Provincial and Federal records. Support role to assist with training. More field workers need to be trained on what to look for. Pass on and share knowledge regarding requirements and standards.
664. Environment Requirements – Pre-purchase:
     • property appraisals
     • building inspections
     • site cleanup and inspections
     Education element supplied by ISC to assist Lands staff understand the federal standards and what to look for in these reports.
665. Provide sufficient salary dollars to First Nations so they can hire and retain staff with capacity, experience, and education to navigate complex processes.
666. Provide funding for ATR, project management, and negotiations training to First Nation's lands officials.
667. Land claim settlement agreements should not only have specific provisions for their implementation. They should identify and include federal funding to pay for all of the addition to reserve process. This includes providing funding for the capacity to develop strategy for community future lands, to plan, and to negotiate. Land acquisition is often a long-term endeavor.
668. Allocate dedicated funding to resolve longstanding ATRs and clear the backlog. This includes funding for capacity development, surveys, appraisals, environmental testing/remediation (where appropriate) and legal fees.
669. Ensure continuous training on ATR processes for ISC regional staff. Knowledge of the process is crucial for providing proper assistance to First Nations when requested/required.
670. Ensure continuous training on ATR processes for First Nations and Lands staff. Knowledge of the process is essential for completing ATRs in a timely manner.
671. Dedicate funding to strengthen the ATR professional network and encourage information sharing.
672. First Nations should be allocated adequate support and resources, to work out shared territory, the environment, and many other issues that impact ATR.
673. Governments need to supply funding for First Nations to train and recruit stewards and guardians to monitor the environment.
674. Funding must be for the full ATR process, and not yearly funding.
675. First Nations need to be funded to access experts and additional staff who will also help us work on the ATR and build our capacity. We cannot expect our Chief and Council to do all the work.
676. First Nations need funding and support to hire technicians to do help complete comprehensive community plans (CCPs), which might include land surveyors, lawyers, facilitators, report writers and community engagement specialist.
677. Government needs to make commitments to resource the proposed planning and infrastructure development once the First Nation's ATR is approved.
678. Government needs to provide funding for training.
679. Training for First Nations: ATR management and data systems, and utilization of our Elders and land users' knowledge.
680. Amend the ATR Policy to set up a funding regime to provide First Nations with capacity funding at each stage of the reserve creation process.
681. Canada must support capacity development in the community or tribal council level (where service provision and technical services occurs in NS) or in a regional centre dedicated to support/pursuit of a community's ATR with knowledge of local systems, structures, among others. Particularly for communities that are smaller or hold elections every two years, tribal council centered positions or regional centre would help stabilize knowledge and development of capacity to assist those communities over the longer term.
682. Could Canada develop more capacity for First Nations surveyors – or for surveying capacity, again at the Tribal council level? Conversely, is there a way that non-CSLR survey could be used for ATR?
683. Provide First Nations greater autonomy and authority over their lands, inclusive of capacity-building initiatives and better resource allocation.
684. Some Regions do not have sufficient staff to process the ATR proposals submitted. This results in processing delays.
685. Mentoring and training for First Nation members in surveys and environmental assessment
686. Project management tools and training for FNs.
687. Training and resources for FN Access to Consultants
688. Communities and members need to be kept up to date at all stages of the process and need to learn and understand the process and why things are done in this particular way.
689. Increase financial and educational support for First Nations to build capacity and organize regular workshops to strengthen community engagement with the ATR process.
690. Lack of general knowledge of the ATR Policy and process.
691. Lack of knowledgeable/experienced First Nation personnel in ATR. No capacity building/knowledge sharing of the ATR process other than through training sessions with the National Aboriginal Lands Association training opportunities of which is limited to Lands Managers/Technicians.
692. Lack of funding support mechanisms in the various stages of an ATR process.
693. To reduce reliance on external consultants and government resources, the redesigned ATR policy should include increased financial and technical support for FNs.
694. Increased Education and Training for First Nation Leadership and Staff.
695. Funding is a significant challenge. While ISC/CIRNAC is neither obligated nor restricted from providing funding, securing financial resources for land acquisition, environmental assessments, and other associated costs can be difficult. First Nations may need to identify other funding sources, adding to the administrative burden.
696. Develop a funding program for ATR proposals administered by Indigenous partners (similar to LAB's administration of proposal-based funding for legacy issues, environmental management development, among others).
     • discuss with federal partners (such as Fed Dev, Innovation Canada, Indigenous Business Development) whether programming could be extended
697. Continue providing dedicated funding to support networking between communities of Lands/ATRs to mentor & assist one another.
698. Expand the 2016 Land Management Manual, Chapter 10Directive 10-2 Reserve Creation Process to be a thorough, all-encompassing guide to the reserve creation process. The guide should include all the steps required for First Nations and provincial and federal government, to increase transparency.
699. Include a complete list of definitions in the Directive 10-2 Reserve Creation Process.
700. Use clear and inclusive language that can be easily understood. Avoid the use of unclear or complex legal jargon whenever possible.
701. [Identifying information] feel further engagement and education is needed to adequately provide feedback on the ATR Policy Redesign.
702. Learnings from the community engagement suggest a degree of moderation for questioning period is needed as well as detailed education on the subject matter.
703. While crucial in all phases, maintaining meaningful community engagement throughout negotiations is essential. Addressing community concerns, ensuring transparency, and seeking consensus on the proposed addition can require extensive dialogue and time.
704. Maybe even some communities that we don't know about want to purchase more land, every reserve wants to purchase more land but are scared and too nervous to take those steps because the workload is crazy, and in most cases we don't have the capacity.
705. Work with Nations in regards, to NATS program. Support First Nation:
     • training – document management …. Financial knowledge (asset management)
     • staffing – FN turnover should not affect the process under new NATS. Be a continuous support for Nations so that files are not starting over each time a new person starts
706. Make project management tools and training available to First Nations (such as can the National ATR Tracking System (NATS) be adapted to a comprehensive project management application, or can a parallel project management tool accessible to all First Nations be established?)
707. Canada to undertake an analysis of typical costs involved in an ATR, accounting for the length of time of proposals, First Nation, Person, Years, costs, the retention of professional expertise, among others.
708. Ensure there is enough funding available to conduct the remediation following the environmental assessments, so communities are not waiting in a que for long periods of time then needing to conduct additional environmental assessments to bring them up to date.
709. Provide funding for technical requirements, such as environmental assessments and land surveys, as these are entirely Federal Policy requirements. Simply put if Canada requires this level of data – Canada – under its Treaty Obligations – needs to fund the acquisition of this data.
710. Funding specifically for surveys and environmental impact assessments needs to be set aside and allocated to First Nations who have active ATRs.
711. First Nations may need to identify other funding sources, adding to the administrative burden.
712. Provide that Canada will fund FNs to conduct title searches for lands proposed for ATR. This funding will be provided at the start of the ATR process.
     • provide that Canada will be consulted to ensure proper quality of the search, and that the searches will be provided to Canada
     • provide that, where Canada has title information available, it will be shared as soon as possible with the FN
     • Canada to make available to FNs data and databases that are accessed in the conduct of a title search, and any information accessed respecting third-party interests
     • consolidate relevant information across provincial ministries as much as possible to enable FN's access to provincial research on title search and third-party interests
713. Provide resources to stop delays in title searches.
714. Overlapping claims and misinterpretation of the effect of s.35 Constitutional claims on the "Title" to the lands in the context of ATR process:
     • The Act and Regulations must not be considered a bar to Canada accepting lands from Ontario and private lands purchased by First Nations to be added to their reserves in order to finally fulfill a very important legal agreement from 1990.
     • [Identifying information] would like to have further discussion with ISC about the application of the Act and Regulations in the ATR process during the redrafting of the ATR policy. As it is now, the ATR policy gives unacceptable discretion to DOJ counsel to hold up ATRs by citing the Act and Regulations and to insist on dismissals of s. 35 claims that should have nothing to do with the ATR process.
715. Reservations in Crown Grants prevent Canada from accepting title to certain properties without the reservations being released. This is costly and time-consuming. First Nations should have greater scope to accept lands despite these conditions (as is the case with the "refinery clause" sometimes found in the Crown Grants).
716. More First Nation and organizational-based capacity funding for ATR support staff and ATR resources needs to be provided to retain ATR file leads and support, and to maintain focus and momentum of successfully completing the ATR. Ensure funding supports allow for one ATR project manager per community who is strictly focused on ATRs and have a separate role than general lands manager.
717. Additional and continuous community-based ATR training and information sessions need to be funded and provided.
718. Regional lands summit should be held annually – to be Indigenous-led and organized, but supported with resources from regional ISC. This summit should start with the objective of engaging with the collective Leadership and then evolve to working groups or tripartite groups.
719. Increased funding and training programs to help First Nations build internal capacity for land management, expediting the ATR process by empowering communities to complete necessary tasks independently.
720. Dedicated technical assistance from Indigenous governance experts who could support First Nations in navigating the ATR process, helping them overcome procedural hurdles and delays.
721. Advocate for increased federal and provincial funding to support capacity-building initiatives that enable [identifying information] Manitoba First Nations to navigate the ATR process more effectively. [First Nation organization] and its member nations should work with the federal government to establish a dedicated fund for technical and legal assistance to First Nations pursuing land additions through TLE.
722. Endorse advocacy efforts for enhanced federal and provincial support to address resource and capacity gaps.
723. ISC notification letters to provinces/municipalities to include a request for meetings with relevant officials to expedite work planning.
724. Note that the joint meeting on work planning must involve ISC working with the FN to identify the contact information of the officials directly responsible for addressing issues noted in the Letter of Support (LOS).
725. Coordinated by Headquarters and working with Indigenous partners and Federation of Canadian Municipalities, each Region can establish a working group with provincial officials and municipal officials to:
     • familiarize them with their role in the ATR process
     • encourage the development of communication protocols to be observed when FNs submit an ATR
     • encourage consistent approaches to ATR, such as the inclusion of sub-surface rights in ATR lands
     • encourage the establishment of working groups specific to each ATR submitted
     • determine frequency of meetings
     • work with Indigenous partners to provide training to other governments in the ATR process
     • ISC and FN partners engage provinces on overarching approaches to FN relations that align with such initiatives as B.C.'s 2019 Declaration on the Rights of Indigenous Peoples Act
     • in partnership with FCM, allow for the dissemination of information on urban reserves from municipalities experienced with reserve creation. This would include:
       • managing initial contact
       • relationship management
       • increasing awareness and addressing concerns
726. [Identifying information] heard a presentation on the MOU with the Province of Saskatchewan (year 2000), which has been instrumental in successful ATR processes. The MOU mandates the province's participation in the ATR process outside of Treaty Land Entitlement (TLE). This MOU could be portable to other provinces, such as Manitoba and Alberta. It could be a useful document that facilitates cooperation on the part of provincial governments. Raising awareness and educating provinces and municipalities is key to laying the groundwork for successful and expeditious ATRs. A formal agreement between federal and provincial governments on ATR should exist in every province.
727. Ensure representatives with decision-making power are present at the negotiations table.
728. Ensure representative consistency on the casefile.
729. Have tripartite negotiations in person at least 1-2 times/year.
730. First Nations should be able to provide notice and/or conduct consultations regarding contemplated ATRs with sister Communities and/or other neighboring Nations.
731. Much more information is required at the community level about the process. There also needs to be more involvement of the community, and not just Chief and Council in the ATR process. It is important to involve younger generations in the decision-making processes.
732. People need to meet face to face. Government representatives need to visit the community they are making decisions about.
733. Information needs be translated, or translators need to be present to interpret the information.
734. There needs to be a person/committee/ technical table, separate from Council to work on the negotiations. Time is wasted waiting for the other side of the table to respond all the time, creating delays. It is nearly impossible to work through the process when Chief and Council are trying to respond to other pressing community issues.
735. First Nation representation (from provincial First Nations or First Nation organizations) to be included on National ATR Technical Advisory Committee.
736. National ATR working group should include representation from every Province (2 from each).
737. Special working group to be established to address/move along complete ATRs – could focus on research aspects.
738. The government should have more than one person on the file to ensure proper succession when the file lead leaves or changes, so the file doesn't get stalled when a new person has to be brought up to speed.
739. Canada can collaborate with community to develop a specific communication strategy to create a positive narrative of the ATR earlier in the process.
740. Communicate early and often with First Nations on their pursuit to incorporate lands.
741. Ensure dialogue and cooperation between the federal government and the provinces to ensure consistency and regular updates of provincial and federal additions to reserve policies.
742. Harmony with neighboring municipalities is in everyone's interest, but the First Nation should not be accountable to their neighbors regarding by-law compatibility.
743. While the interests of the neighbours should be taken into account, and they should be consulted, the Crown's duty of loyalty in its fiduciary relationship with Indigenous peoples, and its obligations pursuant to the United Nations Declaration on the Rights of Indigenous Peoples Act and pursuant to constitutionally recognized and affirmed treaties, must take precedence. If Canada is going to support municipal or provincial or individual third-party interests, it must do so in a way that upholds the principle of reciprocity – between the Crown and the Indigenous people. The federal government should avoid being used by municipalities as their ally against Indigenous land acquisition or to increase compensation to municipalities for their "losses."
744. Prior to the negotiations, First Nations, the federal government, and the provincial government should all agree upon a thorough agenda to ensure the meetings are productive. In addition to the agenda, having an external moderator to supervise the meetings to ensure all parties are on track and stick to the agenda.
745. The government decision-makers need to be at the table.
746. Ontario needs to be part of the process and at the table from the beginning.
747. This consultation work needs to continue with communities and not First Nation organizations. Communities are the rights holders and the people on the ground that are the most affected by these processes and delays.
748. Federal officials need to be present in the community to discuss this as well from Canada's perspective and to hear directly from community members.
749. Canada should be undertaking this consultation and hearing from community members directly.
750. Establish a policy/procedure that will help develop early communication standards with provinces for third-party interest negotiations and clarify environmental standards for ATR projects.
751. Jointly develop long-term strategic plans with First Nations, subject to regular review to identify and address bottlenecks and inefficiencies promptly.
752. More efforts to be made by regional ISC staff to co-develop workplans with First Nations, instead of ISC unilaterally drafting the entire workplan; and as part of the workplan, have ongoing, regular update/meetings with Councils regarding the status of these plans.
753. Create ATR workplans that have living timelines; so whenever there's a change in Council, they can see exact status of each ATR file.
754. Quarterly formal ATR updates to be provided (for example e-mail, letter) to every Chief and Council regarding the status of all ATRs for that community.
755. An overhaul of the joint workplan and its role in the ATR process must be undertaken.
756. [Identifying information] would like to see community engagement presentations from CIRNA that is more suitable for general population on the subject matter.
757. The biggest problem with the policy is that it doesn't really reflect the required human resources or the financial resources of a First Nation community. You have people who are often doing more than one job and have to manage another project. That could be a full time job and you don't get enough funding no matter what, and you have to apply and you have to jump through all these hoops. That are very complicated and if you aren't familiar with the policy, it's easy to make a mistake. And then sometimes you have bad communication with the department. There could be a language barrier, especially for an English speaking community in Quebec.
758. It ought not to be up to the First Nation to coordinate a situation where everyone's on the same page. There should be a systemic means to make everything on the same page. If the First Nation is seeking provincial lands, are there ways that the ATR process could be redesigned to facilitate the approach to the other?
759. Conduct region-specific engagement sessions with [identifying information] Manitoba First Nations to capture their unique perspectives and challenges regarding the ATR policy and the Manitoba Framework Agreement on TLE. Organize meetings with [First Nation organization] leadership, community representatives, and technical experts to discuss regional priorities and the specific barriers to securing TLE lands.
760. Modernize and clarify the duty to consult process so that duty to consult obligations are fulfilled when it comes to Crown lands while not creating impediments, particularly when addressing the acquisition of fee simple lands where there should be a minimum duty to consult.
761. The federal and provincial governments must recognize the duty to consult on ancestral lands; individuals wishing to purchase private lots on ancestral lands should be subject to the same constraints as First Nations undertaking reserve additions.
762. Duty to consult is a federal government responsibility and should not be downloaded to First Nations to undertake on behalf of the government.
763. The Duty To Consult guidelines currently being developed by the department are an opportunity to bring clarity and timeliness to the consultation process. Explicit attention must be given to avoiding protracted consultation processes and encouraging timely production of evidence to substantiate a claim of adverse impact. Dispute resolution should also be given attention.
     • the guidelines should anticipate First Nation control of the consultation process and how that responsibility can be assumed
     • partner with Indigenous organizations to develop a First Nation-to- First Nation protocol for s. 35 engagement
     • work with provinces to encourage joint letters on ATRs involving Crown lands
764. [Identifying information] requests the pro-active assistance of the federal government in consultations with third-party interests.
765. Canada's Duty to Consult for other claims to the land being added to reserve slows progress, and often raises tensions between communities. This process should be streamlined in cases where it is clear that this is not likely to result in the need for intensive consultation.
766. Delays in the process also occur over "Consultation" with neighboring First Nation and Metis communities. This process should be streamlined and approached with common sense, especially when the parcel(s) of land is located in the heart of the community proposing the ATR.
767. The question of who gets consulted, and the depth of the consultation, remains unclear twenty years after the Haida Nation decision - unclear to many federal officials. The result can be delays in making or implementing agreements and the return of the land. It can involve "consultation" with people who have no rights, only assertions. It can involve strategic but morally flawed claims to "overlaps." Genuine consultation is important and legitimate. But consultation is also being abused. It's important to see the difference.
768. Ensure that the ATR process includes ongoing, meaningful consultation with First Nations communities at every stage. This includes early engagement to understand community needs, regular updates throughout the process, and opportunities for community input before final decisions are made.
769. No knowledge or templates readily available for FN to utilize or for Municipalities to learn from.
770. Given [identifying information] proximity to urban areas, a standardized framework for municipal consultation should be developed. This framework should outline clear protocols for engagement, tax agreements, and service delivery, which can be pre-arranged to prevent negotiation delays with each new ATR proposal. Additionally, ISC should facilitate these agreements by providing legal and administrative support to [identifying information] during negotiations with municipalities.
771. Canada to negotiate MOUs with other provinces that facilitate the negotiation and implementation of claims involving ATRs. These MOUs can follow the Saskatchewan model on such issues as: Payments to provinces to address municipal tax loss; Addressing sub-surface issues; The provision of Crown lands for ATR.
772. Third-party template agreements/examples of similar agreements to be provided by Canada to FN, reviewed for currency.
773. The process of ascertaining which third parties hold which interests in the land is expensive and time consuming. Deciding which interests need to be discharged prior to the ATR being complete adds further cost and delay.
774. Reduce the number of steps in the ATR process.
775. Clarify that the different phases of the ATR process can be carried out flexibly and simultaneously, depending on the needs and circumstances of each situation.
776. Provide that, where there are multiple submissions, First Nations must assess where commonalities can fit in one process. Regions must review that assessment, and conduct their own, to maximize the possibility of one process.
     • provide for the review of all proposals submitted by one FN in the joint work planning process, and in regular meetings, to determine where opportunities exist to advance all files
777. The process takes too long. Remove duplication of steps.
778. Increase flexibility in completing technical and legal requirements and streamline processes like third-party interest registrations.
779. Simplify the overall process, removal of unnecessary steps, provide more transparency, and create a streamlined approval process for First Nations.
780. Establish clear parameters for combining multiple parcels into a single Reserve Creation request, define the steps and the available options.
781. Incorporate an annex outlining provincial specifications, details, and available resources.
782. Resolving legal and regulatory issues related to land acquisition, environmental assessments, and zoning regulations can add considerable time to the process. Ensuring compliance with all legal requirements and securing necessary approvals can be a lengthy undertaking.
783. It comes early and you run out of time to do the environmental work that needs to be done before winter, so that is a big delay. There's been staff turnover at the regional office.
784. With frequent turnover in staff at both ISC and First Nation levels, turnover causes significant delays in the progress of ATR files. Another concern which is present is the loss of key documents such as School Board Agreements, Initiating BCR's, Third Party surrenders and more which may happen when key staff are removed . Communities which have lost documents are sometimes forced to revisit those tasks, at times reopening sensitive discussions unnecessarily.
785. Implement a well-structured ATR tracking system to share information effectively. All parties, First Nations & Canada, should know exactly where they are in the ATR process, as well as their associated roles & responsibilities, to ensure timely completion.
786. The National Tracking System for reserve additions (NATS) should be created to be as flexible as the addition to reserve process itself.
787. Continuous uploading of Lands package to ISC:
     • NATS – could work with Nations on recording all proposed land purchases. Keeping records of deals that didn't get to the final Purchasing BCR
     • train staff that all documents need to be backed up and retained
     • understand the value of lands being returned to reserve. Financial Management knowledge
     • ATR team should be apart of the Economic Development and Finance Team to properly record the future assets and liabilities that purchases will have on the Nation
     • NATS program upload information on a continue intake of completed tasks
788. Use the new online tool to assist with submitting ATR applications.
789. Review NATS and check off the requirements. Submit to Head Office for final review (TIMEFRAME – 3 months or 90 days).
790. A redesigned ATR policy should incorporate real-time tracking of ATR applications. This would allow [identifying information] to monitor the status of its applications and ensure greater transparency throughout the process. Additionally, ISC should be required to provide regular updates to [identifying information], minimizing uncertainty and ensuring timely completion of all administrative tasks.
791. Effective project management is crucial but challenging. The need to manage multiple tasks in parallel, such as surveys, ESAs, and consultations, requires a high level of organization and coordination. The ATR process can easily become protracted and inefficient without proper project management.
792. Implement a system for regular review and evaluation of the ATR process, with feedback from First Nations communities. Use this feedback to make ongoing improvements to the process, ensuring that it remains responsive to the needs of the communities it serves.
793. Business like approach for ATR Files, with targets, deliverables, and progress reporting.
794. Share documents with First Nations in a way that takes into consideration individual communities existing data sharing systems. Collaborate with First Nations at the beginning of the ATR process to determine the best way to share and store data for their community.
795. Establishing transparent reporting mechanisms so that First Nations can track the status of their ATR requests and raise concerns if delays occur, with the authority to escalate unresolved issues to higher levels of government.
796. Developing transparent reporting mechanisms where First Nations can track the status of their ATR applications and escalate delays to a higher authority.
797. Leverage technology for improved information sharing and process management tools to streamline communication and document management within the ATR framework.
798. Some participants feel mystified by the ATR process and feel that there is not enough information readily available about what is expected of them, particularly during the early phase of the ATR process and later when it comes to Municipal relations and third parties. This has been exacerbated by having no one dedicated to this work in community and relying on outside contractors to get this work done.
799. Enhance transparency and accessibility of information pertaining to ATR processes.
800. Add a section or create an independent document outlining what a First Nation should consider when acquiring lands that could be proposed for ATR sometime in the future (including, for example, that lands should be assessed to ATR standards, surveys should be registrable in the CLS, among others).
801. Create a national repository of best practices, develop an ATR webpage with key resources, and establish a set of step by step "how to" ATR project management documents that assist applicants with navigation of the current ATR process.
802. Canada must develop an ATR webpage that includes metrics, links to audit reports, and tools and resources to support First Nations in navigating the ATR process. This could include communication guidelines, checklists, and educational materials.
803. Each Region:
     • maintains and makes accessible to First Nations a list of ESA agents who can assess ATR requirements
     • makes accessible to First Nations an explanation of the standards/guidelines used by an ATR assessor
     • makes accessible to First Nations template terms of reference for those First Nations seeking to retain their own experts
     • maintains and makes accessible to First Nations surveyors familiar with ATR
     • maintains a database of best practices and issues that have been encountered and resolved
804. The land should be transferred in a maximum of 2 years so that the same Manager can see the file to fruition. Files for First Nations should be transferred with ease to the next Manager with little to no period of transition.
805. Provide sufficient resources and staff within the Federal Government to process ATRs in a timely and efficient manner.
806. The recommendation is to either hire land management and planning specialists who fully understand land management on and off-reserve or move the entire ATR review and approval process to an arms-length Indigenous-led organization to manage. The Minister would still have the final sign-off, but external experts would process the ATR application and Ministerial Order package components; however, the ATR policy would need to be fine-tuned to provide clear guidance and criteria for the entity to follow.
807. Lack of ISC personnel to deliver an effective ATR application process.
808. Sufficient Staffing & Focus on Relationships for ISC.
809. The option to keep services local will benefit each First Nation across Canada, as issues in the Atlantic, specifically New Brunswick, differ from those faced by other First Nations across the country. Different Nations, Treaties, landscapes, provincial/municipal relationships, and ISC relationships contribute to these differences. Land managers expressed a preference for having the most qualified and capable entity, whether that be Canada or an Indigenous Organization, handle the work.
810. ISC has conducted a review of regional practices that can be analyzed with the intent of establishing consistency in the application of ATR requirements.
811. Establish transparent and consistent roles and responsibilities at the outset of the ATR process to foster clarity and accountability among stakeholders.
812. Canada to gather data on how many files regional staff can manage to ensure timely processing of proposals. Where regional files exceed this distribution, take appropriate measures, such as:
     • staffing actions supported by training measures in concert with Indigenous partners
     • resourcing to First Nations to increase their processing capacity such that regional pressure is reduced
     • resourcing for F First Nation retention of consulting assistance
813. Acknowledge and have record of each region First Nation Regime. ISC staff should be familiar with each and the effects on the Nations under their job duties.
     • fully operational ratified Land Code or Self-Government
     • currently developmental Land Code
     • administered under Indian Act
     • other arrangements?? Currently in development. New Reserves being developed.
814. ISC/DOJ should better understand how many remote communities are serviced (or sometimes not serviced), including EMS, Police and fire protection services. ISC field services and/or capital projects staff should be able to provide ATR staff with information regarding their assigned communities.
815. The Crown should be assisting with every opportunity [identifying information] is making available, as is morally and legally right.
816. The principal reason for the slow ATR process is due to limited federal resources, that is to say, human resources, to process [identifying information] ATR applications, currently limiting the First Nation to only one application per year. Clearly, if the ATR process is to be more effectively expedited then [identifying information] – the largest Indigenous Band in the Province of British Columbia – should be given priority treatment and not limited to a single ATR application per year as per current federal policy.
817. The government needs to dramatically increase staffing resources to ensure it is successfully able to prioritize the efficient finalization of long-outstanding claims.
818. Canada should appoint full time position to oversee the ATR process to ensure the First Nations and the municipalities are completing phases in a timely matter.
819. Ensure retention of staff at ISC to ensure continuity of files, the relationships built between ISC agents and the community, and institutional memory.
820. Establish in the policy that:
     • project management is fundamental to effective processing
     • land use planning must be made accessible (such as can LUPs be funded as part of capital planning processes?)
     • the capacity to develop expertise in ATR must be accessible for, and jointly pursued by First Nation organizations and the departments
     • there must be capacity to retain expertise
     • decision-making departmental officials must be available for engagement where the process is compromised by the unavailability of these and any other resources necessary to manage a process of this magnitude
     • the departments will play a role in advocating for ATR-related funding
821. Canada and Saskatchewan are failing First Nations when it comes to the processing of ATR submissions. The above-noted backlog and processing times do not indicate anything close to what could be considered reasonable and serious in context. This itself is yet another dishonorable grievance that is holding First Nations back in their critical Nation-building processes.
822. At a minimum, [identifying information] submits that Canada should flag all claims that have exceeded four years in length, and devote considerable time and priority to completion of those claims with an "all hands on deck" approach. [identifying information] concern is that it is likely to submit time-sensitive claims in the future and that if this backlog is not cleared and if processing times do not dramatically improve, [identifying information] interests will be negatively and materially impacted by future delays.
823. Where land is being returned or added to existing reserved land, the Indigenous people involved should have the option of having that land become – or be restored to – the same status as the rest of the community's land.
824. Land that was lost to a First Nation community, that was not surrendered properly, should not follow this process as it should still be considered First Nations lands. Federal government officials were responsible for the loss of land so the federal government should be correcting and clearing up their mistake.
825. Recognize and respect traditional land stewardship practices while integrating them with contemporary land management frameworks. Encourage dialogue between traditional knowledge holders and modern land management experts to find commonalities and develop hybrid approaches that are culturally sensitive and effective.
826. Participants highlighted the need for the ATR process to reflect and support their cultural heritage, ensuring that land additions are in harmony with traditional practices.
827. Incorporate sustainable land management principles into the ATR process, ensuring that land additions support long-term environmental stewardship and community well-being. Encourage practices that promote biodiversity, protect natural resources, and support sustainable economic development.
828. Providing First Nations with comprehensive templates that outline the different issues for Hydro, Oil and Gas interests will empower First Nations to decide on the amount of risk they are willing to take on. The ideal scenario for First Nations is to be aware of all interests in advance, and to have permits in place in advance of reserve creation.
829. Empower First Nations to manage their land through self-developed land management codes, like the Treaty One Joint Reserve Land Code, and reduce bureaucratic hurdles such as excessive Band Council Resolutions (BCRs).
830. Establish long-term support mechanisms to ensure that communities receive ongoing assistance and guidance in developing and implementing effective land management practices. This may involve the creation of centralized and dedicated support teams or partnerships with external organizations specializing in Indigenous land governance.
831. Create additional incentives for First Nations to take over their own land management authority (for example access to additional funding and other supports).
832. [identifying information] does not want to join the FNLM System and feels that this system would not benefit [identifying information] community as it would only create more problems with land management, CLSR surveys, estates, and enforcement of land use policies. This would only relieve Canada's liability and create management difficulties for the First Nation as the title of the land would remain with the Crown.
833. Provide for the ability of First Nations to hold one vote approving:
     • various leasing purposes (such as commercial, residential, industrial) that are identical to those identified in a detailed and incorporated LUP that identifies certain ATR lands. Since it will match what is stated in the LUP, any lease with a purpose that is identified in the designation will not require a further designation vote
     • a designation document incorporating a LUP will include all the standard provisions found in a designation (such as length of term, type of rent allowed, conditions around identity of lessee, among others)
     • optional submission of IBAs
834. Implement greater recognition of First Nation authority to manage their own lands according to their own FNLMA land code.
835. Provide targeted funding and technical assistance to ensure First Nations can manage land additions efficiently and according to their economic development priorities.
836. Establishing a national fund dedicated to assisting First Nations with the costs associated with land additions, such as surveys, legal fees, and environmental assessments.
837. Provide targeted resources for communities to navigate the ATR process more effectively.
838. Enhancing training programs for First Nations land management staff to ensure they are equipped to handle the complexities of managing reserve land additions for economic development.
839. Scope options for how the Centre could best be effected, such as working with Indigenous partners to:
     • locate the Centre in an Indigenous organization
     • provide access to departmental officials to provide legal, environmental, survey, planning and other expertise
     • resource and develop staff who can lead and/or advise on ATR processes
     • build a network of experts
     • determine appropriate level of devolution of responsibilities to the Centre
     • provide routes to enabling retention of consultants
     • house key resources, such as databases, tools and templates
     • develop resources for FNs on how to manage not only lands intended for ATR, but fee simple lands, how to prepare for ATR, whether ATR is necessary, among others
840. Support existing First Nations-led initiatives such as Manitoba USKE and the National Aboriginal Land Managers Association and establish an ATR Land Institute to provide expertise and resources.
841. Clear directives and a flexible ATR process tailored to the diverse circumstances of Indigenous communities are essential. Standard operating procedures (SOPs) should be established to guide the ATR process efficiently, ensuring that the government is prepared to handle land allocation requests promptly and effectively. These SOPs should anticipate the needs and preferences of Indigenous communities, providing clear guidelines for decision-making and implementation.
842. Dispute resolution mechanisms and adequate support are lacking, hindering communities' ability to address critical issues such as food security, infrastructure development, and land management. Centralized expertise and capacity funds should be made available to support Indigenous communities in addressing these challenges. These funds should be allocated to support capacity- building efforts, training and recruitment initiatives, and the development of sustainable agricultural practices. Investment in long-term capacity-building is essential to empower Indigenous communities to actively participate in decision-making processes and assert their rights effectively.
843. Transparent communication channels should be established to foster trust and collaboration between government agencies and Indigenous communities. Partnerships should be built on mutual respect and understanding, with a focus on shared goals and objectives for sustainable land management and community development.
844. Reserves created under the 91 (24) process must account for population growth to ensure that communities have adequate resources and infrastructure to support their residents' needs.
     
     Many reserves were established decades ago and may no longer adequately accommodate growing populations. For example, in 1960 there were about 50 members living on Seabird Island, and today there are over 1000. Therefore, provisions specific to population growth over the next 100 years are crucial. ATR process should be flexible enough to accommodate the changing needs of Indigenous communities, including provisions for expanding existing reserves or creating new ones to accommodate population growth. Long-term planning and collaboration between government agencies and Indigenous communities are essential to address these challenges effectively.
845. Reserves should be amended to provide alternate sources of food security, such as additional land for agriculture to address the decline in traditional food sources. Many Indigenous communities rely on traditional foods for their nutritional and cultural significance, but declining access to these resources threatens food security and cultural integrity. The ATR process should prioritize the establishment of sustainable agricultural practices on reserve lands, providing communities with the resources and support necessary to develop thriving food systems.
846. The ATR process should consider the implications of development on Indigenous communities, providing additional land or alternative support to mitigate the loss of access to traditional resources. Indigenous communities must be actively involved in the decision-making process for development projects that may affect their lands and resources. Consultation and collaboration with Indigenous communities are essential to ensure that development projects are compatible with Indigenous rights and priorities.
847. The government has a fiduciary duty to uphold Indigenous rights and responsibilities in all processes related to land management and community development, ensuring that Indigenous voices are heard and respected. Fiduciary duty requires the government to act in the best interests of Indigenous communities, prioritizing their well-being and self-determination. The ATR process should be guided by principles of equity, fairness, and justice, with a strong emphasis on Indigenous rights and sovereignty. Government agencies must recognize their obligations, ensuring that Indigenous communities have access to the resources and support necessary to thrive.
848. Recommendations should not be included in a "what we heard" report; instead, ISC should engage directly with Indigenous communities to draft a terms of reference collaboratively. Indigenous communities are the most affected by changes to the ATR process and must have a direct say in shaping the policies and procedures that govern their lands and resources.
849. Engage local government officials early in the policy reform process to discuss their concerns and find common ground. Facilitate workshops to ensure that local governments understand why these changes are a necessary part of carrying out Canada's fiduciary duty to Indigenous peoples.
850. Implement a transparent communication strategy that includes regular updates, informational workshops, and open forums where community members can express their concerns and receive direct responses. Use clear, accessible language to explain how the changes will directly benefit them and enhance community development.
851. Implement a structured engagement strategy that includes all stakeholders affected by the ATR policy changes. This strategy should involve regular consultations, feedback mechanisms, and collaborative decision-making processes to ensure that all voices are heard and considered.
852. Develop a financial plan to support the implementation of new procedures. This plan could include identifying new funding sources, reallocating existing resources more efficiently, and applying for governmental or non-governmental grants specifically designed for policy reform or community development projects.
853. Maintain an open line of communication throughout the reform process. Information should be readily available and disseminated through multiple channels to reach all community members. Transparency in discussing the procedural steps, expected outcomes, and potential challenges will help build trust and reduce resistance.
854. Call on the Government of Canada to co-develop with First Nations a clear, effective, and transparent process to restore, reacquire, and/or remedy the historic dispossession of reserve lands.
855. Engage with First Nations on the review and redesign of the ATR process and develop a comprehensive report that identifies the many priorities First Nations have respecting ATR and proposes potential policy and legislative solutions for consideration.
856. Direct the [identifying information] to establish a process and procedure for rights holders to directly guide policy reform to the ATR policy, consistent with First Nations priorities and the need for a fast, effective, and efficient process to add reserve lands/replacement reserve lands to their communities, and to ensure that process respects the diversity of First Nations priorities, land regimes, and regional realities and does not interfere with other neighboring First Nations' land use plans.
857. Direct the [organization name] to continue engaging with First Nations on co-development objectives and ensure ATR reform meets the minimum standards outlined in the United Nations Declaration on the Rights of Indigenous Peoples.
858. Direct the [identifying information] to advocate to ensure ATR reform remains a key federal priority, including the need for significant investments to support implementation and to work with First Nations to co-develop substantive reforms.
859. The National Technical Advisory Committee (TAC) on ATR Redesign must do better to communicate specific coordinated updates frequently to [identifying information] as well as proposed changes and updates on the National TAC meetings via a copy of the meeting notes and any decisions made as a collective of the National TAC.
860. The primary recommendation is the creation of an Independent Centre for the Resolution of Specific Claims (ICRSC), intended to be independent from the current Specific Claims Branch (SCB) within Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC).
861. Necessary legislative amendments to the Specific Claims Tribunal Act to accommodate the new independent process, such as:
     • removing financial limits on compensation
862. Necessary legislative amendments to the Specific Claims Tribunal Act to accommodate the new independent process, such as:
     • enabling First Nations to file claims directly with the Registrar instead of CIRNAC
863. Necessary legislative amendments to the Specific Claims Tribunal Act to accommodate the new independent process, such as:
     • ending the process by which the CIRNAC Minister may directly accept or reject claims, as well as determining specific claims policy, posing an obvious conflict of interest
864. Necessary legislative amendments to the Specific Claims Tribunal Act to accommodate the new independent process, such as:
     • allowing for an expanded range of remedies beyond financial compensation
865. Implementation Challenges could create temporary disruptions in the Specific Claims process as it currently exists. The transition to the ICRSC could complicate the status of claims currently in progress under the existing system. Ensuring that these claims are seamlessly transferred or appropriately handled during the transition is a significant concern.
866. It is crucial to ensure that smaller or less resource-rich communities receive adequate support in the potential new Specific Claims process as it is outlined, in that First Nations will be responsible for applying for the necessary funding for researching their claims.
867. Ensuring that the legal traditions of each group are uniformly respected will pose a challenge. This will require significant capacity development at the ICRSC and, specifically, the Advisory Council that will likely not have representation from all First Nation groups across [identifying information].
868. Developing the necessary capacity within Ontario First Nations to effectively utilize the new ICRSC system might take time. This includes building expertise in legal, administrative, and negotiation skills required to navigate the new process successfully. There could be a learning curve that might initially slow down the resolution of claims, even unintentionally.
869. Ensuring transparency and accountability in this new ICRSC system is essential to maintain trust. Oversight must also include how accountability will occur when various parties delay information requests from First Nations while researching specific claims processes.
870. Although referenced throughout the proposal, the appendices and what is provided as references for any engagement that was undertaken by CIRNAC and/or the AFN with First Nations regarding the Specific Claims reform process is minimal, and there is no inclusion of who exactly was engaged or provided input into the process. These details ought to be made available to fully understand the magnitude of engagement efforts that were made.
871. Ensuring transparency and accountability throughout the process and ensuring information requested by First Nations is delivered without delay.
872. [identifying information] is requesting better communication via meeting summaries and important decisions made by the National Technical Advisory Committee (TAC).
873. Create a streamlined and predictable funding mechanism that covers all essential costs of the ATR process, including professional services like surveyors and legal counsel. Centralizing funding sources would reduce administrative complexity and financial strain on communities.
874. Begin MSA and community layout design during the ATR process for projects with a high likelihood of approval (such as after property purchase). Early planning, especially for housing subdivisions, addresses urgent needs and avoids delays once land is designated as reserve.
875. Establish a clear, standardized process for addressing third-party encumbrances, supported by dedicated resources to assist all parties involved. This would reduce delays and ensure equitable outcomes.
876. Enhance coordination between federal, municipal and provincial departments to eliminate redundancies and streamline decision-making processes for ATR applications. A central point of contact for all ATR-related matters could significantly improve efficiency.
877. Introduce dedicated funding and planning resources for the development of newly added reserve lands. These supports should be designed to align with community-led priorities, such as housing, infrastructure, and sustainable development.
878. Provide training programs and toolkits to help communities navigate the ATR process effectively, from initial application to post-approval development.
879. Add to the ATR policy a Treaty Non-Abrogation and Non-Derogation Clause, expressly affirming the recognition of Treaty Nations' sovereignty or autonomy while asserting Treaty Indigenous control, administration, oversight, monitoring and stewardship.
880. Transfer authority over Treaty and Traditional lands to Treaty Nations and their governments.
881. Incorporate Treaty and Indigenous laws and customs into Canadian jurisprudence, ensuring decisions respect Indigenous governance structures.
882. Enforce and implement Treaty obligations and commitments, ensuring Crown and Successor to the Crown adherence to the Original Spirit and Intent and goodwill of Numbered Treaties as Nation-to-Nation agreements for Peace and Goodwill.
883. Advocate for federal and provincial policy reforms that truly respect Treaty Nation sovereignty by prioritizing land restitution including the return of rightful land occupation of illegally acquired Treaty and Traditional lands.
884. The full and complete restoration of all impacted Treaty Lands, with any level of environmental degradation, must have Treaty land stewardship and Treaty Monitoring mechanisms to ensure and expedite the fulsome return of healthy Treaty lands to Treaty Nations.
885. Ensure Treaty Recognition and Treaty Compliance through, Treaty Environmental Protectorate and Enforcement Standards that will guarantee, safeguard, and support all living species, including but not limited to waters, air, territories, flora and fauna, amongst others requiring access to healthy and sustained biodiverse ecological lands.
886. Treaty Nation- designed, "Treaty Implementation Frameworks" that would include language enforcing/mandating the ATR process to respect and uphold the International status/character of Numbered Treaties, expressly through the Treaty Indigenous Ancestorial understanding of Numbered Treaties.
887. Support the Creation and use of Treaty Nation developed Governance, Oversight and Traditional Alternative Dispute Resolution and/or Adjudication mechanisms to assert authority over Treaty lands, territories and resources including the introduction, monitoring and collection of legal penalties for Treaty lands' violations.
888. Develop Bilateral Nation to Nation processes to transfer Crown lands and surplus Federal Lands and legal Title to Numbered Treaty Nations without requiring extinguishment of Aboriginal title or Rights.
889. Highlight all procedural inequities of the ATR process that hinder the exercise of Treaty Rights, invoking Constitutional protections that leverage legal precedents to enable the full recognition and enforcement of Numbered Treaties including Ancestral understanding, applicability of Treaty principles and to ensure their inclusion and legal status in all areas of ATR redesign.
890. Canada's UN Declaration on the Rights of Indigenous Peoples National Action Plan, including the call for a full legal review of all federal, provincial laws and policies, for example Natural Resources Transfer Act, 1930.
891. The full reimbursement above current market and enhanced value including inflation index pricing reflecting the financial impact resulting from the loss of occupation and stewardship over Treaty lands through coercion, dispossession, displacement, exploitation including land surrenders resulting from duress, illegal land title transactions, land thefts, activities of public private corporations, among others.
892. The full reimbursement of the full purchase price of lands including the resulting land tax paid by Treaty Nations and/or individual Treaty Rights holders.
893. Utilization of an enhanced Treaty based Land Valuation and Calculation, as current colonial land valuation processes prioritize the premise of ownership and economic value which is in direct opposition of the sacred Treaty [identifying information] relationship, connection and responsibility of our Traditional, Customary, and Nature's Laws.
894. Develop mechanisms to ensure that the ATR process supports, no longer hinder, limit or harm, the Inherent and Treaty Right of Self-Determination and the Treaty Right to Free, Prior and Informed Consent.
895. Guaranteed, enhanced, equitable capacity funding, accommodation and participation measures, including financial support, to ensure Treaty Nations reach equal representation and support for negotiation.
896. Ensure that all ATR applications are processed in transparent, fair and equitable manner. When an administrative and/or procedural disruption is experienced, Treaty Nations shall be provided with immediate, clear and concise mitigation communication with detailed timelines and description(s) specifying the reason for the delay or disruption and shall expressly include an outline of the detailed actions to ensure procedural momentum.
897. Develop a Treaty based Environmental Assessment that accurately reflects the traditional, current and specific state of said Treaty Lands and shall include Treaty based Restoration and Reclamation standards to ensure healthy and diverse environmental eco-systems.
898. Call for the immediate modernization and alignment of all federal, provincial and territorial legislation, policies, acts and regulations ensuring compliance with all International Indigenous Human Rights laws, norms, standards and mechanisms, such as Specific Claims Act and procedures.
899. To mitigate potential conflict between Treaty Nations and non-Indigenous parties, provide the upfront and full disclosure of all procedural costs including all financial encumbrances, the identification and disclosure of all potential administrative burdens extending from municipal service agreements and/or existing service provisions and the disclosure of potential and/or or known contamination and contaminants.
900. Require Annual Public Reporting directly to Treaty Peoples, Tribes and Nations, from both federal and provincial governments, on the implementation of Treaty and Indigenous Rights, detailing governments' actions taken to uphold, enforce and implement Treaty and Indigenous Rights and, those actions taken to address historically existing systemic issues specific to Treaty Nations, lands, territories and resources.
901. Empower Treaty Nations to assess and report on the effectiveness of the ATR redesign improvements, with these findings to guide all necessary future improvements. This will ensure that the ATR policy and process finally achieves the standard of integrity and legitimacy expected by Treaty Nations.
902. The need to acknowledge and apologize for Past Wrongs continually enforced within the current/previous ATR process.
903. Make formal acknowledgments of the systemic diminishment of Indigenous Rights and commit to non-repetition through legally binding agreements.
904. Review, Assess and where required, Renegotiate existing ATR agreements with current International Indigenous Human Rights Law.
905. Transition from a paternalistic framework to one based on mutual recognition, respect, and partnership, thereby entrenching and honoring the Nation-to-Nation Relationships between the British Crown and Treaty Nations.
906. Establish mechanisms for Treaty Nations to engage with the federal and provincial governments on an equal footing.
907. Redesign the ATR process to prioritize Indigenous self-determination and reduce ministerial discretion and real conflict of interest, ensuring land additions align with legal precedents.
908. First Nations should not be taxed on First Nation owned lands. This would resolve major conflicts and could facilitate a better relationship with municipalities. This was the case years ago before Canada changed the policy.
909. If FNLMA First Nations have 'true' control/management of their lands, there should be NO necessity to consult with municipality, provincial governments nor the necessity to negotiate third party instruments prior to the addition to reserve. This would equalize the balance of power with these large corporations who hold First Nation's hostage unless they agree with their corporation's terms and conditions. This would assist in delays of ATRs and remove unfair costs to First Nations negotiating interests' agreements.
910. If FNLMA First Nations 'have' to negotiate third parties' interests in their land, the need for those instruments prior to the lands being added to reserve should be removed. This would negate the large utilities corporation to have the power over First Nations when negotiating those instruments.
911. NATS is not only ineffective and does not serve the First Nation needs, but it does not work properly. Canada should test systems before making it mandatory to use them.
912. If Canada establishes an 'operation arm' for each negotiation table, First Nation should have a representative who also work with the representative of Canada to conduct ATR related activities during negotiations.
913. Canada should consider having two separate policies: one for First Nations who are under the Indian Act and one for First Nations under the First Nation Land Management Act. Control of the land are in different hands thus the need for difference policies.
914. ATR should be responsive to First Nations with different resources, levels of administrative ability, and expertise - one system process is not logical - more latitude needed.
915. Flexibility to accommodate First Nation Government priorities is required.
916. Flexibility to take into account one measure for all does not make sense – skills and capacity vary greatly between First Nations.
917. We need to find the right balance between regulation and restriction.
918. Need for more First Nation voices and less Government administration.
919. We need to take into consideration differences between First Nations and regional realities.
920. Our First Nation need more jobs and opportunities, as do all First Nations – can ATR policy work with us and not against us?
921. We need a more-simple ATR policy and reference framework.
922. First Nations require consideration of social needs and cultural realities – more jobs, more training, more opportunities.
923. First Nations require flexibility to proceed in the process to be able to advance with economic development.
924. More attention needs to be given to First Nation priorities – jobs, development, benefit to members.
925. Respect is a good start. Listening to all voices is important.
926. Consultation should be regular and ongoing, not just a short-term work.
927. Need for Elder Advisory Council.
928. Can we include timeframes as guarantees? For example, a guaranteed period of time when ATR commences to completion of ATR process?
929. Where land purchases are necessary, financial support should be provided by the federal government to ensure the process does not create a financial burden for First Nations. Ensuring that Canada covers such costs is viewed as an essential component of a fair and respectful land process.
930. Revisit past agreements/historical arrangements and pursue the selection of different lands in light of new policy flexibilities.