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Additions to Reserve

What are Additions to Reserve?

The federal government has the authority to add land to existing reserves or create new reserves. The Additions to Reserve (ATR) policy was developed by Indian and Northern Affairs Canada. It sets out the criteria and issues that must be addressed before land can be set apart as a reserve.

There are many reasons why an Aboriginal community may wish to add land to an existing reserve or create a new reserve. These can include community growth and economic development.

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What's Ontario's role in the ATR process?

The federal government has the authority to add land to existing reserves or create new reserves. The Additions to Reserve (ATR) policy was developed by Indian and Northern Affairs Canada. It sets out the criteria and issues that must be addressed before land can be set apart as a reserve.

At the request of the federal Department of Indian Affairs, Ontario reviews and comments on proposals for additions to reserves.

There are many reasons why an Aboriginal community may wish to add land to an existing reserve or create a new reserve. These can include community growth and economic development.

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What criteria do ATR proposals need to meet?

All ATR proposals are reviewed by Indian and Northern Affairs Canada to ensure that the requirements of the policy are met.

The federal government's ATR policy requires that proposals fit into one of the following categories:

1. Legal Obligation

This category includes additions to existing reserves and the creation of new reserves resulting from a:

• Treaty or claim settlement agreement.
• Court order, though this is uncommon.
• Legal reversion. This means that a legal interest in the lands that has been held by another party has ended.

2. Community Additions

This category includes additions to existing reserves resulting from:

• Normal community growth where a need for additional land for housing, schools, churches, community economic projects and other community purposes can be shown.
• Geographic enhancements, such as small adjustments to road rights of way and in-filling where the addition would enhance the physical integrity of the reserve.
• Return of land surrendered for sale by an Aboriginal community but not sold.

3. New Reserves/Other

This category includes the creation of new reserves resulting from:

• Social or commercial needs which, for example, cannot be addressed under a form of land holding other than reserve land.
• Provincial land offerings or the return of land surrendered for sale by an Aboriginal community but not sold.
• Requirement for land for landless Aboriginal communities or relocation of an Aboriginal community.
• The proposal being beyond the commitment set out in a legal agreement.