Framework Agreement (Canada)
SummaryA framework agreement often represents the first stage toward the negotiation of a final land claims or self-government agreement. It sets out the details of the negotiation subject matter, the process and the timetable for reaching an Agreement-in-Principle (AIP).
Extended DefinitionA framework agreement may reaffirm existing Aboriginal, treaty and self-government rights of the Aboriginal peoples of Canada under s 35 of the Constitution Act, 1982. The purpose of the framework agreement is to guide the negotiation of the AIP which will in turn establish the schedule and process for a final agreement.
The subject matters for negotiation may include:
· economic measures;
· financial payments and transfer arrangements;
· resource revenue sharing;
· lands and waters;
· wildlife harvesting;
· boundary and overlap issues;
· parks and conservation areas;
· administration of justice;
· education, health and housing;
· public works;
· taxation; and
· review, amendment and implementation.
A framework agreement may constitute a commitment by all Parties to negotiate in good faith with the intention of reaching an agreement. A negotiation process may be set out in detail along with an approval process for the AIP and the final agreement.