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Manitoba Treaty Land EntitlementA reference manual for municipal development and services agreements |
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*NOTE: Update (January 19, 2004) Page 71 - Information Contacts:
- Manitoba Department of Intergovernmental Affairs - Phone: (204) 945-4864
- Manitoba Department of Aboriginal and Northern Affairs - Phone (204) 945-2510
This Reference Manual provides a compilation of the issues that a Municipality (and Entitlement First Nation) may wish to address in a Municipal Development and Services Agreement (MDSA) pursuant to the Manitoba Treaty Land Entitlement Framework Agreement (Framework Agreement). The Reference Manual is relevant to Selections and Acquisitions of land by First Nations that are signatories to the Framework Agreement, whether the land is located in an urban or rural Municipality, or Northern community. In addition, although not specifically intended for this purpose, this Reference Manual may provide useful reference information to Municipalities that are involved with First Nations who are not parties to the Framework Agreement.
This Reference Manual also provides examples of provisions that may be used in a MDSA. These examples are intended to provide guidance on how various issues might be addressed in a MDSA, they will certainly not be appropriate for every agreement. For example, some provisions may be more appropriate for urban than for rural Selections and Acquisitions. In addition, since a MDSA is a negotiated agreement, in order for any particular provision to be included in an agreement, both parties must agree to its inclusion. Agreements involving land in a Northern Community between an Entitlement First Nation, the Government of Canada (Canada) and the Government of Manitoba (Manitoba) will require additional provisions to those discussed in this Reference Manual.
It is also important for a Municipality to recognize that it should negotiate a MDSA with the assistance of legal counsel. If a Municipality wishes to negotiate an agreement without the assistance of legal counsel, at minimum, it should have the agreement reviewed by its legal counsel prior to executing it. In addition, where Canada is not a party to the agreement (which will be the normal case for MDSAs), the agreement should be reviewed prior to its execution by Canada's Department of Justice, the HQ Additions Committee and the Assistant Deputy Minister of Lands, Revenues and Trusts (Federal Department of Indian Affairs and Northern Development Land Management and Procedures Manual, approved November 1991, Chapter 9, Additions to Reserves Policy, s. 9.3.2.2, para. 2) (Additions to Reserves Policy).
While the length of this Reference Manual may suggest that MDSAs are complex and lengthy documents, this will not always be true. Some agreements will be lengthy and complex; others will be simple and short. No doubt, no two MDSAs will be the same.
Finally, it should be recognized that this document will not provide answers to all of the questions and issues that may arise through the negotiation of a Municipal Development and Services Agreement. It should be used with a recognition that an understanding of these complex issues will evolve over time. This Reference Manual's role in raising awareness of the issues is equal to, if not more important than, its role in providing specific answers to them.
