Land Code
Esquimalt Nation Land Code Development
Land Code
On May 25, 2024 (the “Voting Day”) Xʷsepsəm is conducting a vote on a proposed Land Code and Individual Agreement with Canada, under which Xʷsepsəm would take over management and administration of Xʷsepsəm Reserve Lands from Canada.
Land Code Summary
The Xʷsepsəm Land Code dated for reference February 21, 2024 (the “Land Code”) is a framework that, if approved by Xʷsepsəm members, will guide decision-making in relation to Xʷsepsəm Reserve Lands (referred to in this summary as the “Land”).
It is a means for nəcə ʔə kʷə q̓ʷəq̓ʷənə́kʷəl (Xʷsepsəm Peoples) to reaffirm our rights and responsibilities as they relate to xʷilŋəxʷ siʔem̓ (governing ourselves and our təŋəxʷ (lands, waters and territories)).
Once in force, híwəs ʔiʔ cə kansəl (Council), with support from the Lands Department and the Lands Committee will oversee the management and administration of the Land in accordance with the Land Code and applicable nəmétəŋ (rules) and policies.
This summary is an information tool for the upcoming vote on the Land Code: EN_Land_Code_Summary_Final_2024-03-13_02493635.pdf
In addition to the summary, we encourage you to read the full Land Code and reach out to Xʷsepsəm’s Land Code team with any questions or comments:
Anastasia Thomas, Land Code Coordinator
250-381-7861
anastasia@esquimaltnation.ca
Benefits and Challenges
There are many advantages to Land Codes. Adopting a Land Code is a big step forward in Esquimalt Nation’s path to reclaim control over our lands and resources.
Currently, the Nation’s reserve lands are governed under the Indian Act, which makes Canada responsible for making or approving land-related decisions and laws on the Nation’s lands.
Land Codes allow Nations to take back control over reserve lands and enact laws and make decisions in the best interests of all members.
Key benefits of Land Codes include:
- Esquimalt Nation recognized as the Government and real decision maker over reserve lands and resources - 44 sections of the Indian Act that made Canada responsible for overseeing reserve land management no longer apply and the Minister no longer makes land decisions on behalf of Esquimalt Nation
- More community involvement in Esquimalt Nation land management and development: for example, both off-reserve and on-reserve members will have opportunity to be involved in important land-related decisions
- More efficient decision-making: for example, Esquimalt Nation can receive and process applications for land use, instead of referring them to Canada (which currently can take years to process)
- Canada no longer responsible for managing Esquimalt Nation income from lands: Nation can receive funds directly (for example, from commercial leases) and use them in the Nation’s best interests
- Greater law-making powers over reserve land: under Land Code, Esquimalt Nation has more tools to protect the interests of all members by enacting laws that reflect the Nation’s needs
- Greater ability to protect the environment
- Ability to develop land-related justice and dispute resolution systems
- Lands Advisory Board & Resource Centre provides technical assistance and support at no charge to the Nation
Additional information relating to benefits and challenges of Land Code can be found here:
The Framework Agreement
The Framework Agreement on First Nation Land Management (Framework Agreement) sets out the terms and conditions under which a First Nation can establish its own land governance system and remove its First Nation Land from the Minister’s control under the Indian Act. The First Nations Land
Management Act (FNLMA) was given royal assent on June 17, 1999, to ratify the Framework Agreement. However, due to inconsistencies between the FNLMA and Framework Agreement, and upon the insistence of the signatory First Nations of the Framework Agreement, the FNLMA was repealed and replaced by the Framework Agreement on First Nation Land Management Act (FAFNLMA) on December 15, 2022.
Framework Agreement on First Nation Land Management Executive Summary: Short-FA-Summary1.pdf
Framework Agreement on First Nation Land Management Summary: FAFNLMA-Summary.pdf
Framework Agreement on First Nation Land Management: FAFNLMA.pdf
Text of the Framework Agreement on First Nation Land Management: Framework-Agreement-on-First-Nation-Land-Management.pdf
Individual Agreement
Before Xʷsepsəm can take over the management and administration of Xʷsepsəm Reserve Lands from Canada, Xʷsepsəm members must approve and Xʷsepsəm must enter into an Individual Agreement with Canada.
Canada has provided a proposed Individual Agreement dated for reference March 1, 2024 and Council has confirmed the proposed Individual Agreement for the purposes of the vote.
The following document summarizes the Individual Agreement: EN_Individual_Agreement_Summary_Final_2024-03-13_02493631.pdf
The following document is a copy of Esquimalt Nation's Individual Agreement: Individual_agreement_initialed.pdf
Esquimalt Nation's Land Code
Esquimalt Nation's proposed Land Code can be found here: EN_Land_Code_Verified_2024-02-24_Compressed.pdf
Community Ratification
On May 25, 2024 (the “Voting Day”) Xʷsepsəm is conducting a vote on a proposed Land Code and Individual Agreement with Canada, under which Xʷsepsəm would take over management and administration of Xʷsepsəm Reserve Lands from Canada (the “Land Code Documents”).
This document summarizes the Community Ratification Process: EN_Community_Ratification_Process_Summary_Final_2024-03-13_02493633.pdf
The full community ratification process document can be found here: 2023-02-21_EN_Community_Ratification_Process_02438536-4.docx
NOTICE OF LAND CODE VOTE
Esquimalt_2024_-_Land_Code_Notice_of_Vote_-_Form_8_modified_-_Draft_-_SLAJL.pdf