In Canada, an Indian reserve (French: réserve indienne)[nb 1] or First Nations reserve (French: réserve des premières nations) is defined by the Indian Act as a "tract of land, the legal title to which is vested in His Majesty,[3] that has been set apart by His Majesty for the use and benefit of a band.
[1] Many reserves have no resident population; typically they are small, remote, non-contiguous pieces of land, a fact which has led many to be abandoned, or used only seasonally (as a trapping territory, for example).
"Some of these pre-confederation and post-confederation treaties addressed reserve lands, hunting, fishing, trapping rights, annuities and other benefits.
In 1867, legislative jurisdiction over "Indians and Lands reserved for the Indians" was assigned to the Parliament of Canada through the Constitution Act, 1867,[9] a major part of Canada's Constitution (originally known as the British North America Act), which acknowledged that First Nations had special status.
The Dominion of Canada promised Britain to honour the provisions of the Royal Proclamation of 1763 to "negotiate with its Amerindians for the extinguishment of their title and the setting aside of reserves for their exclusive use.
[12] Between 1871 and 1921, through Numbered Treaties with First Nations, the Canadian government gained large areas of land for settlers and for industry in Northwestern Ontario, Northern Canada and in the Prairies.
[13] Treaty 1 is an agreement established August 3, 1871, between the Crown and various First Nations in southeastern Manitoba, including the Anishinaabe and the Swampy Cree tribes.
[15][16] The Indian Act gives the Minister of Crown–Indigenous Relations the right to "determine whether any purpose for which lands in a reserve are used is for the use and benefit of the band.
[18] While the act was intended to protect the Indian holdings, the limitations make it difficult for the reserves and their residents to obtain financing for development and construction, or renovation.
Members of bands may enter into a trust agreement with CMHC, and lenders can receive loans to build or repair houses.
By 2002, (Valiente) First Nations had already "finalised 14 comprehensive land claims and self-government agreements, with numerous others, primarily in northern Canada and British Columbia, at different stages of negotiations."
The Canadian Environmental Protection Act, 1999 (CEPA), "places aboriginal participation on par with federal ministers and the provinces in the National Advisory Committee.
"[20] Under sections 46–50 of the CEPA, Environment and Climate Change Canada's National Pollutant Release Inventory (NPRI) was initiated.