Does FNCIDA apply to all First Nations and all of their lands?
FNCIDA specifies that the federal government only has the authority to make regulations once it has received a Band Council Resolution from the First Nation requesting the regulations. Only First Nations that request a regulation under FNCIDA, and for whom a regulation is in fact made, are affected. Regulations under FNCIDA can apply only to lands that are “reserve” within the meaning of sub section 2(1) of the Indian Act and only to those portions of reserve land described in the regulation. This is often specific to the project site. This means that regulations will not be made under FNCIDA to apply to First Nations lands that are subject to sectoral or comprehensive governance agreements.
