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Canada Locatee Land Lease (3-CAN-d)

Information current as of 2019
In Canada, a person (developer) must obtain a lease (Lease on Locatee Lands) from the Department of Crown-Indigenous Relations and Northern Affairs Canada (Department) in coordination with a Locatee if the project requires the exclusive use of the Locatee’s land for a specified period. Indigenous and Northern Affairs Canada – Locatee Lease and Policy Directive Webpage; Indian Act, R.S.C. 1985, c. I-5, s. 58(3). A Locatee is a Band member in lawful possession of lands that, with the approval of the Minister, have been allotted in accordance with the Canada – Indian Act, R.S.C. 1985, c. l-5. Indigenous and Northern Affairs Canada – Locatee Lease and Policy Directive Webpage. Indian Act, R.S.C. 1985, c. l-5, s. 2(1).Locatee lands are reserve lands which the Band Council has validly allotted under the Indian Act, possession of which is generally evidenced by a Certificate of Possession. Indigenous and Northern Affairs Canada – Locatee Lease Policy and Directive Webpage; Indigenous and Northern Affairs Canada Land Management Manual, Directive 7-3. A Locatee can apply to the Minister to lease all or part of the land in the locatee’s possession without the land being designated. Indian Act, R.S.C. 1985, c. l-5, s. 58(1).



Locatee Land Lease Process


3-CAN-d.1 – Contact the Department of Crown-Indigenous Relations and Northern Affairs Canada (Department)

A developer should contact the Department for more information regarding the process for obtaining a Lease on Locatee Lands.

3-CAN-d.2 – Consult with Locatee

A developer must consult with the Locatee in possession of the reserve land where the proposed project is located to obtain consent from the Locatee and provide information related to the project. The Departmental Official informs the Locatee and developer of the policy and process requirements for the processing of a Lease on Locatee Lands.

3-CAN-d.3 – Application for Leasing Locatee Lands Within an Indian Reserve

The Locatee and developer (Lessee) must submit a completed Application for Leasing Locatee Lands Within an Indian Reserve to the Department. The developer must provide the information requested on the application and/or provide accompanying documents required to complete the Application. The Application must include all information necessary for the Department to successfully draft the lease. After the Locatee and developer sign the Application, the Locatee must submit it to the Department. Along with the Application, the developer and/or Locatee must provide the following:

  • The developer’s corporate certificate of good standing (if applicable);
  • An identification document, if the developer or Locatee is an individual;
  • A development proposal (if requested by the Department);
  • Appropriate plans or survey of the land conducted at the developer’s expense (if requested by the Department); and,
  • Any other documents requested by the Department or relevant to the proposed lease.

Indigenous and Northern Affairs Canada – Locatee Lease Policy and Directive Webpage; Indigenous and Northern Affairs Canada Land Management Manual, Directive 7-3, s. 8.

3-CAN-d.4 to 3-CAN-d.5 – Review Application Materials for Completeness

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

3-CAN-d.6 to 3-CAN-d.7 – Review Application Materials for Approval

The Department reviews the Application to determine whether the terms of the proposed lease are in compliance with Department policy, the Indian Act, R.S.C. 1985, c. I-5, s. 58(3), and any other applicable rules or regulations. As part of its review, the Department:

  • Verifies the status of the land;
  • Verifies the legal description of the land; and
  • Conducts a survey of the land at the expense of the developer for Locatee Leases with terms longer than ten (10) years.

Indigenous and Northern Affairs Canada – Locatee Lease Policy and Directive Webpage; Indigenous and Northern Affairs Canada Land Management Manual, Directive 7-3, s. 8.

3-CAN-d.8 to 3-CAN-d.9 – Negotiate Locatee Lease

After accepting the Application, the Locatee and the developer are responsible for negotiating the key elements of the lease. Indigenous and Northern Affairs Canada – Locatee Lease Policy and Directive Webpage; Indigenous and Northern Affairs Canada Land Management Manual, Directive 7-1, s. 2.19. Some elements are negotiable, whereas others are mandatory.

The mandatory key elements include:

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

The key negotiated elements include:

  • The proposed use of the land and the specific development or activity planned;
  • The proposed term of the lease; and
  • The benefits to be obtained under the lease, including the rent; and,

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

3-CAN-d.10 to 3-CAN-d.11 – Draft Locatee Lease

After the terms are agreed upon, the Department drafts the lease incorporating the negotiated terms. The Department provides a copy of the lease to the lessee (developer) and Locatee. Indigenous and Northern Affairs Canada Land Management Manual, Directive 7-1, s. 2.19, 2.7.

3-CAN-d.12 to 3-CAN-d.13 – Review Lease of Locatee Lands for Approval

The Department conducts a thorough review of the lease to ensure it complies with Department policy as well as any other applicable laws or regulations and to determine if any further studies or assessments must be concluded prior to execution of the lease. The Department forwards any concerns relating to provisions of the lease to the Locatee. In reviewing the lease, the Department considers:

  • Whether all terms and conditions required by the Department are included;
  • The potential environmental impact of the lease pursuant to CEAA; and,
  • Review of the development plan (if applicable).

Indigenous and Northern Affairs Canada Land Management Manual, Directive 7-3, s. 8.13.

3-CAN-d.14 to 3-CAN-16 – Request Band Feedback

Although the Canada – Indian Act, R.S.C. 1985, c. l-5 does not require Band input for the leases, the Department seeks input and feedback from the appropriate Band Council before executing a Lease of Locatee Lands. The Band Council provides the Land Officer with a Band Council Resolution (BCR) or providing written feedback on the lease within 45 business days (or agreed upon extension) after the Lands Officer makes the request to the Band. The BCR containing feedback will include information confirming that the proposed lease does not contravene the Band’s bylaws or other applicable laws. The Department recognizes that the Band has an important interest in the use and development of reserve lands, including those lands allotted to its members and will consider any comments or concerns of Bands before executing a lease. Indigenous and Northern Affairs Canada Land Management Manual, Directive 7-3, s. 4.3.

==3-CAN-d.17 – Execute Lease of Locatee Lands

After receiving Band feedback, the Department and the developer (lessee) execute the lease. The following steps must occur in order to properly execute a Lease of Locatee Lands:

  • The locatee executes;
  • The Developer executes;
  • The Department’s delegated authority executes.

Indigenous and Northern Affairs Canada – Locatee Lease Policy and Directive Webpage.

3-CAN-d.18 – Register Locatee Lease

After a Lease of Locatee Land is executed, the Department registers the lease and any supporting documentation in the Canada – Indian Lands Registry System. Indigenous and Northern Affairs Canada Land Management Manual, Directive 7-3, s. 8.23.


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