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:Environmental protection regime
  •  (1) After the coming into force of a land code, a First Nation shall, to the extent provided in the Framework Agreement, develop and implement through First Nation laws an environmental protection regime. The regime must be developed in accordance with the terms and conditions set out in the Framework Agreement.

  • Marginal note:Minimum standards

    (2) The standards of environmental protection established by First Nation laws and the punishments imposed for failure to meet those standards must be at least equivalent in their effect to any standards established and punishments imposed by the laws of the province in which the First Nation land is situated.

  • Marginal note:Environmental assessment regime

    (3) First Nation laws respecting environmental assessment must, to the extent provided in the Framework Agreement, establish, in accordance with that Agreement, an environmental assessment regime that is applicable to all projects carried out on First Nation land that are approved, regulated, funded or undertaken by the First Nation.

  • 1999, c. 24, s. 21;
  • 2012, c. 19, s. 635.
Marginal note:Offences and punishment
  •  (1) A First Nation law may create offences punishable on summary conviction and provide for the imposition of fines, imprisonment, restitution, community service and any other means for achieving compliance.

  • Marginal note:Incorporation by reference

    (2) A First Nation law may adopt or incorporate by reference the summary conviction procedures of Part XXVII of the Criminal Code, as amended from time to time.

  • Marginal note:Prosecution

    (3) A First Nation may, in relation to prosecutions of contraventions of First Nation laws,

    • (a) retain its own prosecutors;

    • (b) enter into an agreement with Her Majesty and a provincial government for the use of provincial prosecutors; or

    • (c) enter into an agreement with Her Majesty for the use of agents engaged by Her Majesty.

  • 1999, c. 24, s. 22;
  • 2012, c. 19, s. 652(E).
Marginal note:Evidence

 In any proceedings, a copy of a First Nation law appearing to be certified as a true copy by an officer of the First Nation is, without proof of the officer’s signature or official character, evidence of its enactment on the date specified in the law.

  • 1999, c. 24, s. 23;
  • 2012, c. 19, s. 652(E).
Marginal note:Appointment of justices of the peace
  •  (1) A First Nation or, if Her Majesty and the First Nation have entered into an agreement for that purpose in accordance with the Framework Agreement, the Governor in Council, may appoint justices of the peace to ensure the enforcement of First Nation laws including the adjudication of offences for contraventions of First Nation laws.

  • Marginal note:Judicial independence

    (2) A justice of the peace appointed for a First Nation shall have tenure and remuneration, and be subject to conditions of removal, that reflect the independence of the office of justice of the peace in the province in which the First Nation land is situated.

  • Marginal note:Powers

    (3) Justices of the peace have all the powers necessary for the performance of their duties and functions.

  • Marginal note:Appeals

    (4) An appeal lies from a decision of a justice of the peace in the manner in which an appeal lies in summary conviction proceedings under Part XXVII of the Criminal Code and the provisions of that Part relating to appeals apply to appeals under this section.

  • Marginal note:Courts of a province

    (5) If no justices of the peace are appointed for a First Nation, its First Nation laws shall be enforced through a court of competent jurisdiction of the province in which its First Nation land is situated.

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

First Nation Land Register

Marginal note:Establishment
  •  (1) The Minister shall establish a register to be known as the First Nation Land Register.

  • Marginal note:Administration of Register

    (2) The First Nation Land Register is to be administered, subject to this section, in the same manner as the Reserve Land Register established under the Indian Act.

  • Marginal note:Regulations

    (3) The Governor in Council may, on the recommendation of the Minister and in accordance with the Framework Agreement, make regulations respecting the administration of the First Nation Land Register, the registration of interests or rights in it and the recording of any other matter, including but not limited to regulations respecting

    • (a) the effects of registering interests or rights, including priorities;

    • (b) the payment of fees for the registration of interests or rights and for any other service in relation to the Register;

    • (c) the appointment, remuneration, powers, functions and duties of officers and employees who administer the Register; and

    • (d) the keeping, by officers and employees, of documents that are not registrable.

  • 1999, c. 24, s. 25;
  • 2007, c. 17, s. 9;
  • 2012, c. 19, s. 652(E).

Limitations on Alienation of First Nation Land

Marginal note:Alienation of land
  •  (1) First Nation land may not be alienated except where it is exchanged for other land in accordance with the Framework Agreement and this Act.

  • Marginal note:Expropriation

    (2) Interests or rights in First Nation land may not be expropriated except by Her Majesty or a First Nation in accordance with the Framework Agreement and this Act.

  • 1999, c. 24, s. 26;
  • 2007, c. 17, s. 10;
  • 2012, c. 19, s. 652(E).
Marginal note:Restrictions on exchange
  •  (1) A First Nation may exchange First Nation land only if

    • (a) compensation for the First Nation land includes land that Her Majesty has agreed will be set apart as a reserve and that is to become First Nation land; and

    • (b) the Minister has approved the form of the exchange.

  • Marginal note:Additional compensation

    (2) In addition to land referred to in subsection (1), other compensation may be provided including land that will not become First Nation land.

  • Marginal note:Terms and conditions

    (3) An exchange of First Nation land may be made subject to other terms and conditions.

  • Marginal note:Community approval

    (4) The exchange of First Nation land must be approved by First Nation members in accordance with the land code of the First Nation and must be completed in accordance with the Framework Agreement.

  • 1999, c. 24, s. 27;
  • 2012, c. 19, s. 652(E).
Marginal note:Expropriation by a First Nation
  •  (1) A First Nation may, in accordance with the general rules and procedures contained in its land code, expropriate any interest or right in its First Nation land that, in the opinion of its council, is necessary for community works or other First Nation community purposes.

  • Marginal note:Exception

    (2) An interest or right in First Nation land obtained under section 35 of the Indian Act or held by Her Majesty is not subject to expropriation by a First Nation.

  • Marginal note:Effective date

    (3) An expropriation takes effect from the day on which a notice of expropriation is registered in the First Nation Land Register or the thirtieth day after the day on which the notice is served on the person whose interest or right is expropriated, whichever is the earlier.

  • Marginal note:Effect of expropriation

    (4) An expropriated interest becomes the property of the First Nation free of any previous claim or encumbrance. In Quebec, a First Nation becomes the holder of an expropriated right free of any previous right, charge or claim.

  • Marginal note:Compensation

    (5) A First Nation shall pay fair compensation to the holder of an expropriated interest or right and, in determining that compensation, the First Nation shall apply the rules set out in the Expropriation Act, with such modifications as the circumstances require.

  • Marginal note:Resolution of disputes

    (6) Any dispute concerning compensation shall be determined according to the system for the resolution of such disputes established by a First Nation in accordance with the Framework Agreement.

  • 1999, c. 24, s. 28;
  • 2007, c. 17, s. 11;
  • 2012, c. 19, s. 652(E).
 
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