Exhibit 4.1—Overview of process for converting selected land to reserve status—text version

2009 March Status Report of the Auditor General of Canada

March 2009 Status Report—Chapter 4

Exhibit 4.1—Overview of process for converting selected land to reserve status

This flow chart shows the three phases in converting land to reserve status. Phases one and two are separate processes for Crown land and other land, but Phase three is the same for both.

Process for Crown Land

Phase one (main responsibility: First Nations)

Step one: The Band Council Resolution and the Additions to Reserve proposal outlining land selection are sent to Indian and Northern Affairs Canada.
Step two: The Department forwards the Band Council Resolution to the province for its input and to find out about any third-party interests on the land.

Phase two (main responsibility: the Department’s regional office)

Step one: The Department conducts the land title search (except in Saskatchewan, where the entitlement First Nation conducts this search).
Step two: The entitlement First Nation advises the municipality of its selection.
Step three: Environmental review is conducted.
Step four: The Addition to Reserve Committee submission is provided to the Department’s Regional Director General for approval in principle.
Step five: A survey is conducted for a legal description of the land selection (except in Saskatchewan, where the title search is conducted only if necessary).
Step six: The Department forwards this survey to the province and requests the land transfer.
Step seven: A Provincial order-in-council transfers the land to Canada.
Step eight: Canada accepts administration and control under the Federal Real Property and Federal Immovables Act.

Phase three (main responsibility: the Department’s head office)

Step one: Indian and Northern Affairs Canada prepares a Governor-in-Council submission or Ministerial Order to establish the reserve.
Step two: Canada signs the Governor-in-Council submission, and then a Privy Council Order establishes reserve status.
Step three: The Order establishing land as a reserve is registered in the Land Titles Office and Indian Lands Registry.
Step four: The land is converted to reserve status.

Process for Other Land

Phase one (main responsibility: First Nations)

Step one: The entitlement First Nation purchases lands, which are held in fee simple.
Step two: This First Nation submits a Band Council Resolution and the Additions to the Reserve proposal to the Department requesting reserve status. This submission includes a legal description of the land acquisition.

Phase two (main responsibility: the Department’s regional office)

Step one: The Department informs the province of its land acquisition.
Step two: The entitlement First Nation advises the municipality of its acquisition and whether services are required (for example, water and sewage). If services are required, a municipal service provision agreement is negotiated.
Step three: Environmental review is conducted.
Step four: Addition to Reserve Committee submission is provided to the Regional Director General for approval in principal. At this point, in Manitoba only, a survey for the legal description of land is conducted if necessary.
Step five: The entitlement First Nation transfers the title of the land to Canada.
Step six: The province transfers residual Crown interests to Canada.
Step seven: Canada accepts administration and control under the Federal Real Property and Federal Immovables Act.

Phase three (main responsibility: the Department’s head office) This phase is the same as for Crown land

Step one: Indian and Northern Affairs Canada prepares a Governor-in-Council submission or Ministerial Order to establish the reserve.
Step two: Canada signs the Governor-in-Council submission, and then a Privy Council Order establishes reserve status.
Step three: The Order establishing land as a reserve is registered in the Land Titles Office and Indian Lands Registry.
Step four: The land is converted to reserve status.

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