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:Certification
  •  (1) The verifier shall, after receiving the documents referred to in subsection 13(1), certify the validity of the land code unless the verifier, after giving the First Nation and the Minister a reasonable opportunity to make submissions on the matter but within 10 days after the conclusion of the vote, is of the opinion that

    • (a) the community approval process confirmed under paragraph 8(1)(a) was not followed or the community approval was otherwise irregular; and

    • (b) the land code might not have been approved but for that irregularity.

  • Marginal note:Transmittal

    (2) The verifier shall, without delay, send a copy of the certified land code to the First Nation and the Minister.

  • Marginal note:Presumption

    (3) A certified land code is deemed to have been validly approved by the First Nation.

  • 1999, c. 24, s. 14;
  • 2012, c. 19, ss. 633(E), 652(E).

Coming into Force of Land Code

Marginal note:Coming into force
  •  (1) Subject to subsection (1.1), a land code comes into force and has the force of law on the day on which it is certified or on any other later date that may be specified in or under the land code, and judicial notice shall be taken of the land code in any proceedings from the date of the coming into force of that land code.

  • Marginal note:Limitation

    (1.1) A land code is not to come into force before the day on which the individual agreement is signed by the First Nation and the Minister.

  • Marginal note:Access to land code

    (2) A copy of the land code of a First Nation shall be maintained by the council for public inspection at a place designated by the council.

  • 1999, c. 24, s. 15;
  • 2012, c. 19, ss. 634, 652(E).
Marginal note:Effect
  •  (1) After the coming into force of a land code, no interest or right in or licence in relation to First Nation land may be acquired or granted except in accordance with the land code of the First Nation.

  • Marginal note:Interests or rights of third parties

    (2) Subject to subsections (3) and (4), interests or rights in and licences in relation to First Nation land that exist on the coming into force of a land code continue in accordance with their terms and conditions.

  • Marginal note:Transfer of rights of Her Majesty

    (3) On the coming into force of the land code of a First Nation, the rights and obligations of Her Majesty as grantor in respect of the interests or rights and the licences described in the First Nation’s individual agreement are transferred to the First Nation in accordance with that agreement.

  • Marginal note:Interests and rights of First Nation members

    (4) Interests or rights in First Nation land held on the coming into force of a land code by First Nation members pursuant to allotments under subsection 20(1) of the Indian Act or pursuant to the custom of the First Nation are subject to the provisions of the land code governing the transfer and lease of interests or rights in First Nation land and sharing in natural resource revenues.

  • 1999, c. 24, s. 16;
  • 2007, c. 17, s. 5;
  • 2012, c. 19, s. 652(E).

Rules on Breakdown of Marriage

Marginal note:Obligation of First Nation
  •  (1) A First Nation shall, in accordance with the Framework Agreement and following the community consultation process provided for in its land code, establish general rules and procedures, in cases of breakdown of marriage, respecting the use, occupation and possession of First Nation land and the division of interests or rights in First Nation land.

  • Marginal note:Establishment of rules and procedures

    (2) The First Nation shall, within twelve months after its land code comes into force, incorporate the general rules and procedures into its land code or enact a First Nation law containing the general rules and procedures.

  • Marginal note:Disputes

    (3) The First Nation or the Minister may refer any dispute relating to the establishment of the general rules and procedures to an arbitrator in accordance with the Framework Agreement.

  • 1999, c. 24, s. 17;
  • 2007, c. 17, s. 6;
  • 2012, c. 19, s. 652(E).

Land Management Regime

First Nation Powers

Marginal note:Power to manage
  •  (1) A First Nation has, after the coming into force of its land code and subject to the Framework Agreement and this Act, the power to manage First Nation land and, in particular, may

    • (a) exercise the powers, rights and privileges of an owner in relation to that land;

    • (b) grant interests or rights in and licences in relation to that land;

    • (c) manage the natural resources of that land; and

    • (d) receive and use all moneys acquired by or on behalf of the First Nation under its land code.

  • Marginal note:Legal capacity

    (2) For any purpose related to First Nation land, a First Nation has the legal capacity necessary to exercise its powers and perform its duties and functions and, in particular, may

    • (a) acquire and hold property;

    • (b) enter into contracts;

    • (c) borrow money;

    • (d) expend and invest money; and

    • (e) be a party to legal proceedings.

  • Marginal note:Exercise of power

    (3) The power of a First Nation to manage First Nation land shall be exercised by the council of a First Nation, or by any person or body to whom a power is delegated by the council in accordance with the First Nation’s land code, and that power shall be exercised for the use and benefit of the First Nation.

  • Marginal note:Management body

    (4) A body established to manage First Nation land is a legal entity having the capacity, rights, powers and privileges of a natural person.

  • 1999, c. 24, s. 18;
  • 2007, c. 17, s. 7;
  • 2012, c. 19, s. 652(E).
Marginal note:Transfer of moneys

 On the coming into force of the land code of a First Nation, all revenue moneys collected, received or held by Her Majesty for the use and benefit of the First Nation or its First Nation members cease to be Indian moneys and shall be transferred to the First Nation.

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

First Nation Laws

Marginal note:Power to enact laws
  •  (1) The council of a First Nation has, in accordance with its land code, the power to enact laws respecting

    • (a) interests or rights in and licences in relation to First Nation land;

    • (b) the development, conservation, protection, management, use and possession of First Nation land; and

    • (c) any matter arising out of or ancillary to the exercise of that power.

  • Marginal note:Particular powers

    (2) Without restricting the generality of subsection (1), First Nation laws may include laws respecting

    • (a) the regulation, control or prohibition of land use and development including zoning and subdivision control;

    • (b) subject to section 5, the creation, acquisition and granting of interests or rights in and licences in relation to First Nation land and prohibitions in relation thereto;

    • (c) environmental assessment and environmental protection;

    • (d) the provision of local services in relation to First Nation land and the imposition of equitable user charges for those services; and

    • (e) the provision of services for the resolution of disputes in relation to First Nation land.

  • Marginal note:Enforcement measures

    (3) A First Nation law may provide for enforcement measures, consistent with federal laws, such as the power to inspect, search and seize and to order compulsory sampling, testing and the production of information.

  • Marginal note:Inconsistency

    (4) In the event of any inconsistency or conflict between the land code of a First Nation and the provisions of a First Nation law or of a by-law made by its council under section 81 of the Indian Act, the land code prevails to the extent of the inconsistency or conflict.

  • 1999, c. 24, s. 20;
  • 2007, c. 17, s. 8;
  • 2012, c. 19, s. 652(E).
 
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