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

Act current to 2014-11-25 and last amended on 2014-11-21. 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.

    “eligible voter”

    « électeur »

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

    “First Nation”

    « première nation »

    “First Nation” means a band named in the schedule.

    “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.

    “First Nation law”

    « texte législatif »

    “First Nation law” means a law referred to in section 20.

    “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.

    “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.

    “individual agreement”

    « accord spécifique »

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

    “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.

    “land code”

    « code foncier »

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

    “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.

    “Minister”

    « ministre »

    “Minister” means the Minister of Indian Affairs and Northern Development.

    “project”

    « projet d’exploitation »

    “project” has the same meaning as in subsection 2(1) of the Canadian Environmental Assessment Act.

    “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.

    “Surveyor General”

    « arpenteur général »

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

  • 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).