Land Code

What is a Land Code?

As one of the 211 First Nation signatories to the Framework Agreement on First Nation Land Management, Tk̓emlúps te Secwépemc (TteS) is developing a proposed land code/ land law specific to TteS. A Land Code is the basic land law a First Nation develops and approves to govern its reserve lands, natural resources and environment, replacing the 44 land management sections of Canada’s Indian Act that currently control our land.

The Tk̓emlúps te Secwépemc Land Code and its contents will be drafted with input from our membership and will make provisions for the following matters:

• Identifying the reserve lands to be managed.
• Developing the general rules and procedures for the use and occupation of these lands by members and others.
• The making and publishing of TteS land laws.

The land code provides increased protection for reserve land, natural resources, and the environment.

Land Code Process – A First Nation-Driven project

First Nations develop their land code to reflect their unique laws, priorities, and traditions. All eligible members, on and off-reserve, can vote on the First Nation’s Land Code and Individual Agreement. Nothing is finalized without community approval through formal ratification. TteS will establish a committee to develop the Land Code, hold community engagement sessions, create information-sharing tools, locate eligible voters, and develop the community voting process document.

Benefits of a Land Code

• Recognition of a First Nation’s right to manage its lands and resources
• Removal of the management of reserve lands from 44 sections of the Indian Act
• Community control over First Nation land management and development
• Inclusion of on and off-reserve members in important decisions
• Increased transparency and accountability to members in all land matters
• Enhanced ability of the First Nation to protect its environment
• Ability to create a local dispute resolution process (and more)

Land Code Development Committee

First Nations often establish a Land Code Development Committee, made up of community members, to develop a land code to address things like:

• Rules and procedures for land possession, exchange, and use
• Financial accountability to members for land revenues (such as leases)
• The process for developing and approving the First Nation’s land laws
• A dispute resolution process

Documents and Information

• Framework Agreement on First Nation Land Management
• 44 Sections of the Indian Act
• First Nations Land Management Resource Centre
• Frequently Asked Questions
• 53/60 vs land code
• Developmental Phase