Lands Directorate : The Lands Directorate of the Department of Indian Affairs had its genesis in the Lands and Timber Branch established in 1888. This branch initially consisted of two individuals, J.D. Mclean, holding the position of "Chief in charge of Lands and Timber Branch", and Thomas Coffee, "Assistant Clerk of Land Sales". Prior to 1888, the responsibility for the Indian land function rested with one individual, J.V. Boucherville, appointed "Clerk in charge of Land Sales" 1 April 1874, holding the position until 1883. William Plummer, former Superintendent of the Central Superintendency at Toronto, who, by an Order in Council of the 24 November 1883, was appointed "Commissioner of Indian Lands and Timber." It was only at the time of J.D. Mclean's appointment did the department first employ the term "branch". J.D. Mclean maintained the post until his appointment as Secretary of the Department of Indian Affairs on 1 July 1897. His successor Mr. W.A. Orr held this office until the time of his death on the 20th September 1921, who in turn was replaced by Mr. J.C. Caldwell on the 1st December 1921.
While current Lands Directorate has undergone several name changes since then, its function has remained consistent. The Indian Act is the primary piece of legislation governing reserve lands and transactions. This act created two types of "interest" in reserves "collective and individual" and a variety of transactions can occur which effect one or the other, or both of these broad interests. The main transactions range from additions to reserves, absolute surrender, designations, expropriations, and the setting aside of land for the use and welfare of First Nations, (i.e., allotments of parcels to band members, by which action the locatee receives lawful possession), the transfer, reversion, or cancellation of that lawful possession through various means, the issuing of permits for short-term use of land, and the leasing of allotted or unallotted reserve lands. For each of these transactions there are specific statutory- and policy-based procedures to be followed to ensure the validity of the transaction.
The Lands Directorate has three broad functions: policy and legislative development; management of lands; and, administration of lands. As this relates to policy and legislation development, the lands directorate develops the policy that determining the development of both legislative initiatives and the operational policy framework within which the Lands Directorate performs its work. Furthermore, it provides advice to senior managers on the implications for Land of legislation and policy initiatives; coordinates advise to litigation staff on land-related issues in self-government negotiators on land-related issues in self-government agreements; assists in the development if Indian Act amendments that relate to lands issues; and provides advice to the regional offices. For matters pertaining to the 'Management' of lands, it is, at its most basic, about managing transactions involving interests in First Nations Land and ensuring that these transactions are carried out in a manner consistent with legislation and DIAND policy so that legal obligations are met and the fiduciary duties of the Minister and DIAND staff are carried out.
Included within the administration of lands function are activities undertaken in order to identify, define, and clarify title - both collective and individual - in Indian-occupied lands, as well as those tasks related to the registration of interests held in the land, including activities involved in the documentation of land description and surveying of the land.
