Additions to Reserve (ATR)

Efforts to improve the ATR policy and process are the subject of a joint AFN-Canada technical table. Several resolutions have been passed over the past two years emphasizing the need for a more efficient, effective and transparent reserve creation process.

Throughout the 2011 calendar year, AFN participated in a total of seven ATR regional dialogue forums, in partnership with the National Aboriginal Land Managers Association (NALMA). The outcomes from this engagement are now posted on the AFN website in the form of a comprehensive roll-up report and recommendations (in French and English). Additionally, AFN has carried out six regional case studies to examine the specific experiences of First Nations attempting to complete ATRs.

Based on this work as mandated by resolution, the AFN has continued to meet with Canada to scope out issues related to reforming the ATR policy and process. This will include:

1. Creating a new ATR category entitled “Tribunal Decisions” for land proposals resulting from a positive decision of the Specific Claims Tribunal to re-acquire or replace specific claims land;
2. Transforming and expanding the approach to “Community Additions” to ensure that these proposals are considered on their merits thereby placing an onus on Canada to justify why such a proposal might not be accepted;
3. Collapsing the current “New Reserve / Other” category into the “Legal Obligations” category to create a more transparent policy and process for these ATRs.

In addition, along with an improved ATR policy, the joint AFN-Canada technical table is looking at companion legislation that would:

1. Extend the Claims Settlement Implementation Acts available to First Nations in Saskatchewan, Alberta and Manitoba to First Nations in other provinces and territories;
2. Make other legislative changes that would make the ATR process more efficient and more transparent.

These and related issues will be brought to the Chiefs-in-Assembly for review and discussion at the AFN’s Annual General Assembly this July 2012 and beyond.