NALMA’s ATR Unit provides training to First Nations across the country in the additions to reserve (ATR) process. Adding lands to reserve is a multi-faceted undertaking that usually involves consultation with other First Nations and governments, environmental assessments, surveys, third party engagement, and other issues that can be time-consuming and complex. The ATR Unit assists land managers with the project management necessary to navigate this process through comprehensive training, the development of support resources such as the ATR Toolkit, and expert advice to First Nations.
Contact:
Sean Thompson
ATR Program Specialist
Email: sthompson@nalma.ca
ATR Frequently Asked Questions
What is an addition to reserve?
A reserve is a parcel of land where legal title is held by the Crown (Government of Canada), for the use and benefit of a particular First Nation. An addition to reserve is a parcel of land added to the existing reserve land of a First Nation or that creates a new reserve.
Land can be added adjacent to the existing reserve land (contiguous) or separated from the existing reserve land (non-contiguous). An addition to reserve can be added in rural or urban settings.
What are usual issues in an ATR?
- significant environmental concerns, if any
- a land survey identifying the land to be set apart as reserve must exist or be conducted
- the Government of Canada’s duty to consult process must be completed
- reasonable concerns of municipal and provincial or territorial governments
- third party interests, such as leases, permits and licenses requiring a replacement instrument
- public access concerns
What are the phases of an ATR?
- initiation
- the First Nation submits a Band Council Resolution and an addition to reserve proposal to the Indigenous Services Canada (ISC) regional office
- assessment and review
- ISC reviews the proposal and advises the First Nation in writing of the results, issuing a letter of support to First Nations for successful proposals
- proposal completion
- ISC and the First Nation create and execute a work plan to complete all technical components (i.e., surveys, addressing third party interests, Duty to Consult, Municipal Service Agreements, Environmental Site Assessments, etc.)
- approval
- the Minister of Crown-Indigenous Relations and Northern Affairs approves proposals by Ministerial Order
Can provinces and municipalities stop an ATR?
Provinces and municipalities cannot veto an ATR proposal. However, an ATR is only able to proceed if the land can be acquired. So, for example, if provincial Crown land is required, the ATR may not be possible if the province is not willing to transfer the land. Also, keep in mind that any reasonable concerns of other governments are considered by ISC to require resolution.
How long does it take to complete an ATR?
ATRs under Framework Agreements in Western Canada have been completed, in some cases, in less than two years. However, ATRs outside Framework Agreements can take significantly longer. How long an ATR takes depends on the complexity of the issues involved. For example, if a small area of bush land is proposed for ATR that involves no environmental, third-party or municipal issues, the land might be added to reserve relatively quickly. If the land is urban and involves environmental contamination, numerous third-party interests, and municipal concerns, the ATR could take much longer.
Note that most ATRs proceed pursuant to a claim settlement. The more detailed the settlement is on ATR provisions, the better chance there is that the ATR will proceed in a timelier way.
Why can an ATR take so long to complete?
There can be many reasons for delays. These include:
- there are complex environmental conditions on the land
- third-party interests are difficult to resolve (e.g., complex replacement interests need to be negotiated, interest-holders cannot be located, numerous third-party interests exist)
- weather conditions delay the completion of environmental assessments and surveys
- financial interests must be addressed through such means as the conduct of fair market value assessments
- regulatory regimes may need to be developed
- legal agreements must be drafted to protect FN/Canada interests
- FN and ISC staff turnover
- Changes in FN leadership
What can be done to speed-up the ATR process?
Currently, CIRNA is working with FNs, FN organizations, ISC, and other stakeholders to redesign the ATR process with the intent of making it simpler and faster. Whether this process will result in faster ATRs remains to be seen. However, steps can be taken by FNs now to make their ATRs proceed in a faster, more effective way. These steps include:
- Take training to better understand the ATR process
- Utilize project management to organize the numerous elements of an ATR
- Build a FN team to conduct the ATR that consists of appropriate professional expertise (e.g., legal, environmental, survey)
- Assess whether the land manager has sufficient resources to handle a file as large as an ATR and determine whether additional assistance should be retained.
NOTE: NALMA offers ATR training that instructs on the above issues and the ATR process generally. Consider taking this training to make your ATR experience better and more manageable.