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

Act current to 2017-12-11 and last amended on 2017-03-24. Previous Versions

Marginal note:Survey not mandatory

 If the Surveyor General prepares or causes to be prepared a description of lands under paragraph 6(1)(a), the Surveyor General may, if he or she considers it appropriate, survey or have those lands surveyed in accordance with the Canada Lands Surveys Act.

  • 2012, c. 19, s. 629.
Marginal note:Excluded land
  •  (1) Despite subsection 6(1), a portion of a reserve may be excluded from the application of a land code if

    • (a) it is in an environmentally unsound condition that cannot be remedied by measures that are technically and financially feasible before the date that the land code is to be submitted for community approval under subsection 10(1);

    • (b) it is the subject of litigation that is unlikely to be resolved before the date referred to in paragraph (a);

    • (c) it is uninhabitable or unusable as a result of a natural disaster; or

    • (d) the First Nation and the Minister agree that, for any other reason, its exclusion is justifiable.

  • Marginal note:Condition

    (2) A portion of a reserve may not be excluded from a land code if the exclusion would have the effect of placing the administration of a lease, other interest or a right in that land in more than one land management regime.

  • (3) [Repealed, 2012, c. 19, s. 630]

  • 1999, c. 24, s. 7;
  • 2007, c. 17, s. 3;
  • 2012, c. 19, ss. 630, 652(E).
Marginal note:Exclusion — boundaries of reserve uncertain
  •  (1) Despite subsection 6(1), land may be excluded from the application of a land code if it is uncertain whether the land is located within the boundaries of the reserve.

  • Marginal note:Land subject to lease, other interest or right

    (2) If the exclusion of the land would have the effect of placing the administration of a lease, other interest or a right in that land in more than one land management regime, then all the land that is subject to that lease, other interest or right shall be excluded from the application of the land code.

  • Marginal note:Limitation — effects of exclusion

    (3) The exclusion of the land does not preclude the First Nation or Her Majesty from asserting in an action, a lawsuit or other proceeding that the land is part of the reserve.

  • 2012, c. 19, s. 631.
Marginal note:Inclusion of previously excluded land

 A First Nation shall amend the description of First Nation land in its land code to include a portion of a reserve excluded under subsection 7(1) or land excluded under subsection 7.1(1) if the First Nation and the Minister agree that the condition that justified the exclusion no longer exists, and the individual agreement shall be amended accordingly.

  • 2012, c. 19, s. 631.

Verification

Marginal note:Appointment of verifier
  •  (1) The Minister and a First Nation shall jointly appoint a verifier, to be chosen from a list established in accordance with the Framework Agreement, who shall

    • (a) determine whether a proposed land code and the proposed process for the approval of the land code and an individual agreement are in accordance with the Framework Agreement and this Act and, if they are in accordance, confirm them;

    • (b) determine whether the conduct of a community approval process is in accordance with the process confirmed under paragraph (a); and

    • (c) certify the validity of a land code that has been approved in accordance with the Framework Agreement and this Act.

  • Marginal note:Disputes

    (2) The verifier shall determine any dispute arising between a First Nation and the Minister before a land code comes into force regarding the terms of the transfer of administration of land or the exclusion of a portion of a reserve from the application of a land code.

  • 1999, c. 24, s. 8;
  • 2012, c. 19, s. 652(E).
Marginal note:Notice of determination
  •  (1) The verifier shall, within thirty days after receiving a First Nation’s documents, as required by the Framework Agreement, make a determination under paragraph 8(1)(a) and give notice of the determination to the First Nation and the Minister.

  • Marginal note:Reasons

    (2) If the verifier determines that a proposed land code or a proposed community approval process is not in accordance with the Framework Agreement or this Act, the verifier shall give written reasons to the First Nation and the Minister.

  • 1999, c. 24, s. 9;
  • 2012, c. 19, s. 652(E).

Community Approval and Certification

Marginal note:Submission to members
  •  (1) If the verifier determines that a proposed land code and a proposed community approval process of a First Nation are in accordance with the Framework Agreement and this Act, the council of the First Nation may submit the proposed land code and the individual agreement to the First Nation members for their approval.

  • Marginal note:Eligibility to vote

    (2) Every person who is eighteen years of age or over and a First Nation member, whether or not resident on the reserve of the First Nation, is eligible to vote in the community approval process.

  • Marginal note:Information to be provided

    (3) The council shall, before proceeding to obtain community approval, take reasonable measures, such as those described in the Framework Agreement, to locate voters and inform them of their right to vote, the means of exercising that right and the content of the Framework Agreement, this Act, the proposed land code and the individual agreement.

  • Marginal note:Third parties

    (4) If other persons have an interest or right in the land that is to be subject to the proposed land code, the council shall, within a reasonable time before the vote, take appropriate measures to inform those persons of the proposed land code, this Act and the date of the vote.

  • 1999, c. 24, s. 10;
  • 2007, c. 17, s. 4;
  • 2012, c. 19, s. 652(E).
Marginal note:Publication of notice
  •  (1) The verifier shall publish a notice of the date, time and place of a vote.

  • Marginal note:Role of the verifier

    (2) The verifier, and any assistants that the verifier may appoint, shall observe the conduct of a vote.

  • Marginal note:Report

    (3) Within fifteen days after the conclusion of a vote, the verifier shall send to the First Nation and the Minister the verifier’s report on the conduct of the vote.

  • 1999, c. 24, s. 11;
  • 2012, c. 19, s. 652(E).
Marginal note:Approval by members
  •  (1) A proposed land code and an individual agreement that have been submitted for community approval are approved if

    • (a) a majority of eligible voters participated in the vote and a majority of those voters voted to approve them;

    • (b) all those eligible voters who signified, in a manner determined by the First Nation, their intention to vote have been registered and a majority of the registered voters voted to approve them; or

    • (c) they are approved by the community in any other manner agreed on by the First Nation and the Minister.

  • Marginal note:Minimum participation

    (2) Notwithstanding subsection (1), a proposed land code and an individual agreement are not approved unless more than twenty-five per cent of the eligible voters voted to approve them.

  • Marginal note:Increased percentage

    (3) A council may, by resolution, increase the percentage of votes required under subsection (2).

  • 1999, c. 24, s. 12;
  • 2012, c. 19, s. 652(E).
Marginal note:Copy and declaration
  •  (1) If a First Nation votes to approve a land code and an individual agreement, its council shall, after the conclusion of the vote, send to the verifier

    • (a) without delay, a copy of the approved code and a declaration that the code and agreement were approved in accordance with section 12; and

    • (b) as soon as the circumstances permit, a copy of the individual agreement signed by the First Nation and the Minister.

  • Marginal note:Report of irregularity

    (2) The Minister or an eligible voter may, within five days after the conclusion of a vote, report any irregularity in the voting process to the verifier.

  • 1999, c. 24, s. 13;
  • 2012, c. 19, s. 632.
 
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