First Nation Land Management Accountability Requirement
Is a First Nation council accountable to the members?
Yes. Besides being politically accountable, a First Nation council under the Land Code is legally responsible for managing the lands and resources for the benefit of the members of the First Nation.
How will accountability to the members be ensured?
A Land Code will make provision for a First Nation to report annually to its members on its land management activities. The Land Code will also set out rules on financial accountability for its management of lands, resources and revenues. The First Nation council is politically accountable for laws that it enacts.
Land Codes may provide that certain laws or policies must be ratified by the community before they take effect. Examples of what might require community approval before taking effect could include:
- a land use plan,
- a grant of any interest in First Nation land for a term exceeding 25 years,
- any grant or disposition of any natural resources for a term exceeding 5 years, or
- a charge or mortgage of a leasehold interest.
What about Conflict of Interest?
The Land Code will clearly define Conflict of Interest. It will include Rules that must be followed. It will include consequences of when Conflict of Interest rules are breeched.
Conflict of Interest will be defined for Council, for Employees, for Committee Members, for Community Members, and for Contractors.