First Nations Oil and Gas and Moneys Management Act (S.C. 2005, c. 48)

Assented to 2005-11-25

Marginal note:Prosecutions
  •  (1) Offences for the contravention of a first nation’s oil and gas laws may be prosecuted by the first nation.

  • Marginal note:Prosecutors

    (2) A first nation may, in the prosecution of offences for the contravention of its oil and gas laws,

    • (a) retain its own prosecutors;

    • (b) enter into an agreement with a provincial government for the use of provincial prosecutors; or

    • (c) enter into an agreement with the federal government for the use of agents engaged by that government.

  • Marginal note:Attorneys General

    (3) This section does not preclude the prosecution of offences by the Attorney General of Canada or by the attorney general of a province.

Marginal note:Disposition of fines and property

 A fine imposed on a person convicted of an offence under a first nation’s oil and gas laws shall be paid to the first nation, and any property forfeited by virtue of such a conviction shall be transferred to the first nation.

APPLICATION OF OTHER LAWS

Oil and Gas

Marginal note:Indian Act
  •  (1) As of a first nation’s transfer date, the following do not apply in relation to the issuing of contracts in respect of the first nation’s managed area:

    • (a) sections 23, 28, 29, 34, 35, 37 to 41, 53, 54, 58 to 60 and 93 of the Indian Act;

    • (b) any regulations made under section 57 of that Act; and

    • (c) any regulations made under sections 42 and 73 of that Act, to the extent that those regulations are inconsistent with or conflict with the first nation’s oil and gas code or its oil and gas laws.

  • Marginal note:Indian Act

    (2) Sections 61 to 69 of the Indian Act do not apply in respect of oil and gas moneys of a first nation as of the first nation’s transfer date.

  • Marginal note:Indian Act

    (3) Subsection 89(1.1) of the Indian Act continues to apply in respect of leasehold interests in any first nation land that was designated land on the first nation’s transfer date.

  • Marginal note:Application

    (4) A first nation’s oil and gas laws may extend the application of subsection 89(1.1) of the Indian Act, or any portion of it, to leasehold interests under contracts.

Marginal note:First Nations Land Management Act and Indian Oil and Gas Act

 The First Nations Land Management Act and the Indian Oil and Gas Act do not apply in relation to oil and gas exploration or exploitation in a first nation’s managed area as of the first nation’s transfer date.