LAND CODE
A Land Code allows First Nations to manage their reserve lands and resources independently, replacing land-related sections of the Indian Act. Under the Framework Agreement on First Nation Land Management, communities can develop their own Land Code to guide how laws and policies are created and applied.
The Lower Nicola Indian Band (LNIB) approved its Land Code in August 2016, which came into effect on December 1, 2016. More details and related documents are available below.
The Lower Nicola Indian Band (LNIB) approved its Land Code in August 2016, which came into effect on December 1, 2016. More details and related documents are available below.
COMMON QUESTIONS
What is Land Code?
A Land Code is a community-developed law that replaces the land management provisions of the Indian Act and establishes how reserve lands and resources are governed. It identifies which lands are managed by LNIB and sets out the rules and procedures for their use and occupation by members and third parties. The Land Code also outlines financial accountability for revenues generated from reserve lands and resources and provides for the development and publication of LNIB land laws, such as those related to land use planning and conflict of interest.
In addition, it describes how land matters are handled in specific situations, such as marital breakdown, and establishes a process for resolving disputes. The Land Code defines how LNIB can grant interests in land to members or third parties or acquire land for community purposes, and it includes a process for making amendments to the Land Code over time.
A Land Code is a community-developed law that replaces the land management provisions of the Indian Act and establishes how reserve lands and resources are governed. It identifies which lands are managed by LNIB and sets out the rules and procedures for their use and occupation by members and third parties. The Land Code also outlines financial accountability for revenues generated from reserve lands and resources and provides for the development and publication of LNIB land laws, such as those related to land use planning and conflict of interest.
In addition, it describes how land matters are handled in specific situations, such as marital breakdown, and establishes a process for resolving disputes. The Land Code defines how LNIB can grant interests in land to members or third parties or acquire land for community purposes, and it includes a process for making amendments to the Land Code over time.
Does the Indian Act still apply to the Lower Nicola Indian Band after adopting a Land Code?
Yes. Most of the Indian Act still applies to LNIB. About two-thirds of the Act does not relate to land management and remains in effect. By adopting a Land Code, LNIB is no longer governed by the one-third of the Indian Act that deals with land matters.
Yes. Most of the Indian Act still applies to LNIB. About two-thirds of the Act does not relate to land management and remains in effect. By adopting a Land Code, LNIB is no longer governed by the one-third of the Indian Act that deals with land matters.
LAW DEVELOPMENT
Developing laws supports self-governance by shifting decision-making authority from federal control under the Indian Act to the community itself. By developing its own laws and policies, LNIB can make decisions that reflect its priorities, values, and needs, rather than relying on external rules.
It also strengthens accountability to members, since the processes for land use, planning, and dispute resolution are created by and for the community. Overall, it gives LNIB greater control over how its lands and resources are managed, which is a key part of self-governance.
Learn how the Lands Department is collaborating with members of the Lower Nicola Indian Band and the community to develop laws and policies that advance LNIB’s journey toward full self-governance.
SEE Law Development
RECOMMENDED LISTENING
Land Decolonized is an Indigenous podcast that explores the practical aspects of the Framework Agreement on First Nation Land Management. Created for First Nations communities and those interested in land governance beyond the Indian Act, it is produced by the First Nation Land Management Resource Centre with support from the First Nations Land Advisory Board.
Available on Apple Podcasts and Spotify.
LANDS CONTACT
Email the Lands Department or call the Lands Office at 250-378-5157 if you have questions about Land Code. Check monthly LNIB Newsletters for Lands and Housing updates.