Navigating Land Acquisition And The Addition To Reserve Process For First Nations Communities

What is the Addition to Reserve (ATR) Process?

The Federal government's Addition to Reserve (ATR) Process allows First Nations communities to apply to expand or create a Reserve as defined under section 2(1) of the Indian Act which arises out of their treaty land entitlement claims or for other reasons to economically or socially benefit their communities. A First Nation will need to consider the advantages and disadvantages of having land added to a Reserve. The drawbacks of holding land in fee simple under provincial land registration systems include being subject to municipal zoning regulations, the potential for expropriation by the province, municipalities or other expropriating authorities, and paying municipal and provincial taxes. Further, at least in Ontario, a First Nation is not considered a person for the purposes of Ontario's Land Titles Act so it needs to hold land through a separate legal entity. However, once the land is added to a Reserve or a new