Frequently Asked Questions about Treaty Land Entitlement

1. What is Treaty Land Entitlement (TLE)?

In Saskatchewan, Treaty Land Entitlement is a process whereby the federal and provincial governments are fulfilling commitments to resolve outstanding Treaty land entitlement claims with First Nations. The TLE process exists because in some instances First Nations did not receive the land that was promised to them in the Treaties.

In 1992, Saskatchewan, Canada, and 25 First Nations signed the Treaty Land Entitlement Framework Agreement. Four separate but similar agreements with individual First Nations have been signed since. Under the terms of the agreements, Entitlement First Nations will receive approximately $539 million over 12 years to buy just over 2 million acres of land to add to its reserves.

2. What is the difference between Treaty Land Entitlement and a specific claim?

TLE pertains to situations where a First Nation did not receive the amount of land they were promised when they signed Treaty. By contrast, specific claims arise out of a situation where a First Nation has had reserve land wrongfully or unfairly taken away by the federal government.

Another important difference is that specific claims are a matter exclusively between the federal government and First Nations. Saskatchewan's only involvement in specific claims is to provide assistance, where feasible, to facilitate the transfer of land to reserve status. This includes identifying occupant interests on Crown lands.

In TLE on the other hand, Saskatchewan has a legal obligation as a result of the Natural Resources Transfer Agreement (1930) to provide Crown land to the federal government so that it may fulfill treaties.

3. What land is available to Entitlement First Nations?

The following lands are available to Entitlement First Nations, on a willing seller - willing buyer basis:

• Private land;
• Federal Crown land; and
• Provincial Crown land.
    

4. What land is not available to Entitlement First Nations?

Certain provincial Crown lands are available for sale only under exceptional circumstances, including heritage property, parks, recreation sites, historic parks, ecological reserves, and provincial highways.

5. What conditions are placed on the purchase?

For provincial community pastures, at least 75% of occupants must consent to the sale. For other Crown lands, all occupants must consent to the sale. Occupants are those individuals with existing leases and/or licences from Saskatchewan.

For the transfer of provincial roads and undeveloped road allowances, the Entitlement First Nation must enter into an agreement with the Province, Canada, and the affected Rural Municipality.

6. What does Shortfall mean?

"Shortfall" is the amount of land that a First Nation should have received when its reserve was first surveyed, but did not. This is the minimum amount of land that First Nations must acquire and have transferred to reserve status in order to satisfy Canada's treaty obligation.

7. If a First Nation buys land, does it automatically become a reserve?

No. Once a First Nation purchases private land, it is held in "fee simple" until the Governor General of Canada has declared the land to be a reserve. During this period, the land is subject to all provincial laws and municipal by-laws. The land is also subject to taxation.

Once provincial Crown lands are made available for sale to an Entitlement First Nation, the lands are held for an 18-month period to provide time for the First Nation to obtain the consent of the occupants and clear other third party interests. The Entitlement First Nation then could purchase the land and hold it in fee simple until it attains reserve status.

The Entitlement First Nation must clear all registered third party interests in the property and taxes on the property must be current.

8. When a First Nation buys land under TLE, is access by the public automatically restricted?

No. In some cases, the occupants (eg. pasture patrons, trappers, etc.) may negotiate agreements with First Nations to use the land in the same manner as when it was provincial or federal Crown land.

9. Which First Nations are involved in TLE?

Of the 72 First Nations in Saskatchewan, 29 are signatory to TLE agreements. To view a chart listing these Entitlement First Nations, click here.