RAPID/Roadmap/3-CAN-c

From Open Energy Information

< RAPID‎ | Roadmap

Revision as of 15:13, 9 September 2019 by Jwadleigh13 (talk | contribs)

(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)

RAPIDRegulatory and Permitting Information Desktop Toolkit
My Projects

Canada Designation Land Lease (3-CAN-c)

Information current as of 2018
In Canada, a person (developer) must obtain a lease on Band land (Lease of Designated Lands) from the Department of Crown-Indigenous Relations and Northern Affairs Canada (Department) to develop a project that requires the exclusive right to use and occupy the land. Crown Indigenous Relations and Northern Development Canada – Land Development Webpage; Indian Act, R.S.C. 1985, c. l-5, s. 37, 38, 53(1). Designated land (unallotted) are tracts of land where the legal title remains vested in the Crown and have been set apart for the use and benefit of a Band. Bands are a “body of Indians for whose use and benefit in common, lands, the legal title to which is vested in [the Crown] have been set apart.” Indian Act, R.S.C. 1985, c. l-5, s. 2(1).


Bands may designate unallotted reserve land for specific purposes, which the Department may then lease to third parties in accordance with the designation through a Lease on Designated Lands. A lease is a contract that grants exclusive possession of reserve land for a specified period of time for authorized uses. Indian Act, R.S.C. 1985, c. l-5, s. 53(1)(b); Indigenous and Northern Affairs Canada Land Management Manual, Directive 7-2, s. 4. Pursuant to the Indian Act, reserve land may not be leased until it has been designated. Crown Indigenous Relations and Northern Development Canada – Land Development Webpage; Indian Act, R.S.C. 1985, c. l-5, s. 37, 38, 53(1). To designate land, members of the First Nation must vote according to the Indian Referendum Regulations with all related documents provided by the Department in order to make an informed decision. A simple majority vote is necessary. Once passed by Band Council Resolution the designation is then submitted to the Minister of Crown-Indigenous Relations and Northern Affairs Canada for acceptance. Only a Band may initiate designation proceedings. Indigenous and Northern Affairs Canada Land Management Manual, Directive 5-4.



Designation Land Lease Process


3-CAN-c.1 – Contact Appropriate Band Council and/or the Department of Crown-Indigenous Relations and Northern Affairs Canada (Department)

A developer should contact the appropriate Band Council and/or Department for more information regarding the process for obtaining a Lease on Designated Lands.

3-CAN-c.2 – Application for Use of Land Within an Indian Reserve

The developer must submit an Application for Use of Land within an Indian Reserve (Application) to the Department to obtain a Lease on Designated Lands. The Application must include all information necessary for the Department to successfully draft the lease. The Application is available on the Department’s website. Department of Crown-Indigenous Relations and Northern Development Canada – Forms-Economic Development Webpage.

Along with the Application, the developer must provide the following:

  • A corporate certificate of good standing (if applicable);
  • A credit investigation, if the lessee (developer) is an individual;
  • An identification document, if the lessee (developer) is an individual;
  • A development proposal (if applicable);
  • Appropriate plans or a survey of the land;
  • An Environmental Assessment in accordance with the Canada – Environmental Assessment Act, S.C. 2012, c. 19 conducted at the expense of the developer; and,
  • Any other documents requested by the Department or relevant to the proposed lease.

Indigenous and Northern Affairs Canada Land Management Manual, Directive 7-2, s. 4.

3-CAN-c.3 to 3-CAN-c.4 – Review Application Materials for Completeness

The Department reviews the Application materials for administrative and technical completeness.

3-CAN-c.5 to 3-CAN-c.6 – Review Application Materials for Approval

The Department reviews the Application to determine whether the terms of the proposed lease is in compliance with the terms of the Designation. The lease must strictly comply with the terms of the designation document or the Department will reject the Application. As part of its review, the Department:

  • Verifies the status of the land and complete a Land Status Report;
  • Verifies the legal description of the land;
  • Conducts a credit investigation at the expense of the developer;
  • Conducts a corporate status check at the developer’s expense (if applicable); and,
  • Conducts a survey of the land at the expense of the developer (if applicable).

Indigenous and Northern Affairs Canada Land Management Manual, Directive 7-2, Annex A, Directive 7-3, s. 8.

3-CAN-c.7 to 3-CAN-c.8 – Negotiate Lease on Designated Lands

If the Department accepts the Application, the Department and developer will negotiate key elements of the lease. Other elements must be included and cannot be negotiated. The key elements of a lease that must be included are:

  • A provision designating the lessor as Her Majesty the Queen;
  • A provision designating the developer as the lessee or tenant;
  • A legal description of the land or premises being leased; and
  • Insurance.

The key elements that may be negotiated are:

  • The proposed use of the land and the specific development or activity planned;
  • The proposed term of the lease;
  • The amount and terms of rent payment; and
  • Any other terms deemed necessary by the Department.

Indigenous and Northern Affairs Canada Land Management Manual, Directive 7-1, s. 2.19, 2.7.

3-CAN-c.9 to 3-CAN-c.10 – Draft the Lease on Designated Lands

After the terms are agreed upon, the Department drafts a standard Lease on Designated Lands incorporating the negotiated terms and provides a copy of the lease to the developer and First Nation. Indigenous and Northern Affairs Canada Land Management Manual, Directive 7-2, s. 4.

In addition to the negotiated terms, a lease should include the following recitals, or introductory provisions, which appear before the main body of the lease:

  • A statement saying that the leased lands are reserve lands or designated lands, which have been set apart for the use and benefit of the First Nation;
  • The number and date of the BCR approving the lease;
  • The date of the designation and the date and number of the Order-in-Council accepting the designation;
  • The Indian Land Registry Number of the designation Ministerial Order, if available;
  • The expiration date of the designation; and,
  • The section of the Indian Act, R.S.C. 1985, c. l-5, s. 37, 38, 53(1) or regulations which authorizes the Designation Lease.

Indigenous and Northern Affairs Canada Land Management Manual, Directive 7-4, Annex A.

3-CAN-c.11 to 3-CAN-c.12 – Review Lease on Designated Lands for Approval

The Department conducts a thorough review of the lease to ensure it is in compliance with the designation as well as any other applicable laws or regulations to determine if any further studies or assessments must be concluded prior to execution of the lease. Indigenous and Northern Affairs Canada Land Management Manual, Directive 7-4, Annex A.

3-CAN-c.13 to 3-CAN-c.14 – Execute Lease on Designated Lands

After the lease is approved, the Department and the developer must execute the lease. The following steps must occur in order to properly execute the lease:

  • The Band must consent to the lease (as evidenced by the BCR);
  • The developer (Lessee) must sign the lease; and
  • The Minister’s delegated authority must execute and sign the lease.

Indigenous and Northern Affairs Canada Land Management Manual, Directive 7-4, Annex A.

3-CAN-c.15 – Register Lease on Designated Lands

After the lease is executed, the Department registers the lease and supporting documentation in the Indian Lands Registry.


Add to Project

Contact Information









Edit Department of Crown-Indigenous Relations and Northern Affairs Canada
General Contact 1-800-567-9604 aadncabbazabbainfopubsabbazabbaaandc@canadaabbazabbaca Visit Website