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

Assented to 2005-11-25

Marginal note:Environmental assessment laws

 In the event of a conflict between a first nation’s oil and gas laws and any federal law providing for the environmental assessments of projects in their application to a project, the federal law prevails to the extent of the conflict.

Marginal note:Other environmental laws

 In the event of a conflict between a first nation’s oil and gas laws and any federal law relating to the protection of the environment, the federal law prevails to the extent of the conflict.

Marginal note:Labour laws

 This Act does not affect the application of any federal law in relation to labour relations, working conditions or occupational health and safety.

Marginal note:Inconsistencies among first nation laws

 In the event of a conflict between oil and gas laws and the provisions of a law made by a first nation or its council under any other Act, the oil and gas laws prevail to the extent of the conflict.

Moneys

Marginal note:Indian Act

 Sections 61 to 69 of the Indian Act do not apply in respect of moneys paid out of the Consolidated Revenue Fund to a first nation under section 30 or 31 of this Act.

Marginal note:Financial Administration Act

 Moneys paid out of the Consolidated Revenue Fund to a first nation under section 30 or 31 are not public moneys within the meaning of the Financial Administration Act.

REGULATIONS

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) governing the conduct of a vote under section 17 or 18, including

    • (i) the content of the question to be put to voters,

    • (ii) the information that must be provided to first nation members and other persons, respectively, before a vote and the periods during which it must be provided, and

    • (iii) the extent to which legal and financial advice must be provided or made available to first nation members before a vote;

  • (b) for the purposes of subsections 26(2) and 34(3),

    • (i) establishing a register for the registration of contracts,

    • (ii) providing for the transfer of existing contracts to that register from the Reserve Land Register maintained under section 21 of the Indian Act or, in the case of a first nation to which the First Nations Land Management Act applies, from the First Nations Land Register maintained under section 25 of that Act, and

    • (iii) respecting the effects of registering contracts in the register, including the priorities attached to registration;

  • (c) setting the minimal requirements of oil and gas laws made in relation to the protection of the environment, including by the incorporation by reference of provincial laws as amended from time to time;

  • (d) setting the minimal requirements of oil and gas laws made in relation to the conservation of oil and gas, including by the incorporation by reference of provincial laws as amended from time to time; and

  • (e) in the absence of an agreement with the government of a province referred to in section 43, establishing bodies, or designating existing bodies, to administer oil and gas laws that incorporate laws of the province.