What is a land claim?

There are several kinds of land claims. The ones that Ontario deals with are about Indigenous communities’ rights to land and to the use of land.

Canada may address other kinds of claims, including claims about how the federal government has managed money that belongs to a First Nation.

In a land claim, an Indigenous community asks Ontario to address historic wrongs. The community provides historical and legal documents to prove that the community:

  • is legally entitled to reserve land and/or to financial compensation, or
  • never surrendered to the Crown its original rights in lands and natural resources

Types of land claims

Reserve land claims

These claims are about:

  • the size and location of reserves or
  • the improper use of reserve lands by others, particularly government

In a reserve land claim, an Indigenous community might state that:

  • the boundaries or the size of a reserve should be adjusted
  • reserve land was used in the past (e.g., to build a road) without permission
  • financial compensation should be paid for using reserve land (e.g., the flooding of reserve land by a dam)

Unsold surrendered land claims

An Indigenous community may seek the return of, or payment for, reserve lands that it surrendered to the federal government before 1924, but which has never been sold.

Title claims

An Indigenous community may claim that lands traditionally used and occupied by its members were never surrendered by them to the Crown under a treaty. These claims are uncommon in Ontario because the province is covered by historical treaties.

Who can submit a claim

The council or governing body of an Indigenous community in Ontario, or one affected by the actions of Ontario, can submit a land claim.

Where to submit

  • If it appears that Ontario may have some responsibility for dealing with the land claim, a claim should be submitted to:
  • the provincial government (Ontario)
  • the federal government (Canada)

How to submit

You need to follow a detailed process to submit a claim. You can find more information – and detailed instructions – in the guide below.

Guide for Submitting Land Claims in Ontario

Resolving land claims

Before a land claim can be resolved, it needs to be assessed. If a land claim is accepted, a negotiation process follows. This involves several stages and often takes years.

The Government of Ontario could be involved in resolving a land claim when the issues concern:

  • assertions that lands traditionally used by an Indigenous community were never given up by them to the Crown
  • failure to set lands apart as reserve under a treaty
  • the unauthorized taking or use of reserve lands
  • failure to pay appropriate compensation for the taking or use of reserve lands
  • unsold surrendered reserve lands.

Land Claims: the negotiation process

Contact information

For more information, please contact:

Team Lead, Research and Assessment
Negotiations Branch
Ministry of Indigenous Affairs
160 Bloor Street East, 4th floor
Toronto ON M7A 2E6