First Nations Land Management Act (S.C. 1999, c. 24)

Act current to 2016-06-21 and last amended on 2016-04-05. Previous Versions

First Nations Land Management Act

S.C. 1999, c. 24

Assented to 1999-06-17

An Act providing for the ratification and the bringing into effect of the Framework Agreement on First Nation Land Management

Preamble

WHEREAS Her Majesty in right of Canada and a specific group of first nations concluded the Framework Agreement on First Nation Land Management on February 12, 1996 in relation to the management by those first nations of their lands;

AND WHEREAS the ratification of the Agreement by Her Majesty requires the enactment of an Act of Parliament;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the First Nations Land Management Act.

Interpretation

Marginal note:Definitions
  •  (1) The definitions in this subsection apply in this Act.

    council

    conseil

    council, in relation to a First Nation, has the same meaning as the expression “council of the band” in subsection 2(1) of the Indian Act. (conseil)

    eligible voter

    électeur

    eligible voter means a First Nation member who is eligible to vote under subsection 10(2). (électeur)

    First Nation

    première nation

    First Nation means a band named in the schedule. (première nation)

    First Nation land

    terres de la première nation

    First Nation land means reserve land to which a land code applies and includes all the interests or rights in, and resources of, the land that are within the legislative authority of Parliament. (terres de la première nation)

    First Nation law

    texte législatif

    First Nation law means a law referred to in section 20. (texte législatif)

    First Nation member

    membre de la première nation

    First Nation member means a person whose name appears on the band list of a First Nation or who is entitled to have their name appear on that list. (membre de la première nation)

    Framework Agreement

    accord-cadre

    Framework Agreement means the Framework Agreement on First Nation Land Management concluded between Her Majesty in right of Canada and the First Nations on February 12, 1996, and includes any amendments to the Agreement made pursuant to its provisions. (accord-cadre)

    individual agreement

    accord spécifique

    individual agreement means an agreement with a First Nation entered into under subsection 6(3). (accord spécifique)

    interest

    intérêt

    interest, in relation to First Nation land in Canada elsewhere than in Quebec, means any estate, right or interest of any nature in or to the land, but does not include title to the land. (intérêt)

    land code

    code foncier

    land code means a land code of a First Nation referred to in subsection 6(1). (code foncier)

    licence

    permis

    licence, in relation to First Nation land, means

    • (a) in Canada elsewhere than in Quebec, any right of use or occupation of the land other than an interest in that land;

    • (b) in Quebec, any right to use or occupy the land other than a right as defined in this subsection. (permis)

    Minister

    ministre

    Minister means the Minister of Indian Affairs and Northern Development. (ministre)

    project

    projet d’exploitation

    project has the same meaning as in subsection 2(1) of the Canadian Environmental Assessment Act. (projet d’exploitation)

    right

    droit

    right, in relation to First Nation land in Quebec, means any right of any nature in or to that land, including the rights of a lessee, but does not include title to the land. (droit)

    Surveyor General

    arpenteur général

    Surveyor General has the same meaning as in subsection 2(1) of the Canada Lands Surveys Act. (arpenteur général)

  • Marginal note:Words and expressions in Indian Act

    (2) Unless the context otherwise requires, words and expressions used in this Act have the same meaning as in the Indian Act.

  • Marginal note:Not land claims agreement

    (3) For greater certainty, neither the Framework Agreement nor this Act is a land claims agreement referred to in section 35 of the Constitution Act, 1982.

  • 1999, c. 24, s. 2;
  • 2007, c. 17, s. 1;
  • 2012, c. 19, ss. 627, 652(E).

Her Majesty

Marginal note:Binding on Her Majesty

 This Act is binding on Her Majesty in right of Canada and any reference in this Act to Her Majesty means Her Majesty in right of Canada.

General

Marginal note:Ratification and effect
  •  (1) The Framework Agreement is hereby ratified and brought into effect in accordance with its provisions.

  • Marginal note:Deposit of copies

    (2) The Minister shall cause a copy of the Framework Agreement and of any amendment made to the Agreement, certified by the Minister to be a true copy, to be deposited in the library of the Department of Indian Affairs and Northern Development situated in the National Capital Region and in such regional offices of that Department and other places as the Minister considers advisable.

Marginal note:Title to First Nation land

 For greater certainty, except for First Nation land exchanged in accordance with section 27,

  • (a) title to First Nation land is not affected by the Framework Agreement or this Act;

  • (b) First Nation land continues to be set apart for the use and benefit of the First Nation for which it was set apart; and

  • (c) First Nation land continues to be land reserved for the Indians within the meaning of Class 24 of section 91 of the Constitution Act, 1867.

  • 1999, c. 24, s. 5;
  • 2012, c. 19, s. 652(E).

Establishment of Land Management Regime

Land Code and Individual Agreement

Marginal note:Adoption of land code
  •  (1) A First Nation that wishes to establish a land management regime in accordance with the Framework Agreement and this Act shall adopt a land code applicable to all land in a reserve of the First Nation, which land code must include the following matters:

    • (a) a description of the land that is to be subject to the land code that the Surveyor General may prepare or cause to be prepared or any other description that is, in the Surveyor General’s opinion, sufficient to identify those lands;

    • (b) the general rules and procedures applicable to the use and occupancy of First Nation land, including use and occupancy under

      • (i) licences and leases, and

      • (ii) interests or rights in First Nation land held pursuant to allotments under subsection 20(1) of the Indian Act or pursuant to the custom of the First Nation;

    • (c) the procedures that apply to the transfer, by testamentary disposition or succession, of any interest or right in First Nation land;

    • (d) the general rules and procedures respecting revenues from natural resources obtained from First Nation land;

    • (e) the requirements for accountability to First Nation members for the management of First Nation land and moneys derived from First Nation land;

    • (f) a community consultation process for the development of general rules and procedures respecting, in cases of breakdown of marriage, the use, occupation and possession of First Nation land and the division of interests or rights in First Nation land;

    • (g) the rules that apply to the enactment and publication of First Nation laws;

    • (h) the rules that apply to conflicts of interest in the management of First Nation land;

    • (i) the establishment or identification of a forum for the resolution of disputes in relation to interests or rights in First Nation land;

    • (j) the general rules and procedures that apply in respect of the granting or expropriation by the First Nation of interests or rights in First Nation land;

    • (k) the general rules and procedures for the delegation, by the council of the First Nation, of its authority to manage First Nation land;

    • (l) the procedures that apply to an approval of an exchange of First Nation land; and

    • (m) the procedures for amending the land code.

  • Marginal note:Land management regime

    (2) For greater certainty, if more than one reserve has been set apart for the use and benefit of a First Nation, the First Nation may establish a land management regime for any or all of its reserves.

  • Marginal note:Individual agreement

    (3) A First Nation that wishes to establish a land management regime shall, in accordance with the Framework Agreement, enter into an individual agreement with the Minister describing the land that will be subject to the land code and providing for

    • (a) the terms of the transfer of administration of that land;

    • (b) a description of the interests or rights and licences that have been granted by Her Majesty in or in relation to that land, and the date and other terms of the transfer to the First Nation of Her Majesty’s rights and obligations as grantor of those interests or rights and licences;

    • (c) the environmental assessment process that will apply to projects on that land until the enactment of First Nation laws in relation to that subject; and

    • (d) any other relevant matter.

  • 1999, c. 24, s. 6;
  • 2007, c. 17, s. 2;
  • 2012, c. 19, ss. 628, 652(E).
 
Date modified: