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:Expropriation by Her Majesty
  •  (1) An interest or right in First Nation land may be expropriated by Her Majesty for the use of a federal department or agency and with the consent and by order of the Governor in Council.

  • Marginal note:Consent of Governor in Council

    (2) The Governor in Council may consent to an expropriation only if it is justifiable and necessary for a federal public purpose that serves the national interest.

  • Marginal note:Matters to be considered

    (3) The Governor in Council may consent to an expropriation only if the Governor in Council is satisfied that, in addition to any other legal requirements that may apply, the following requirements have been met:

    • (a) there is no other reasonably feasible alternative to the expropriation, such as the use of land that is not First Nation land;

    • (b) reasonable efforts have been made to acquire the interest or right through agreement with the First Nation;

    • (c) the most limited interest or right necessary is expropriated for the shortest time possible; and

    • (d) information relevant to the expropriation is provided to the First Nation.

  • Marginal note:Report to be made public

    (4) Before the Governor in Council consents to the expropriation, the department or agency referred to in subsection (1) shall provide to the First Nation, and make available to the public, a report stating the justifications for the expropriation and describing the steps taken to satisfy the requirements of subsection (3).

  • Marginal note:Disputes

    (5) If a First Nation objects to a proposed expropriation, it may, within sixty days after the report has been made public, refer the matter to a neutral evaluator in accordance with the Framework Agreement.

  • Marginal note:Time of consent

    (6) The Governor in Council may not consent to the expropriation before the expiration of the period referred to in subsection (5) or, if the First Nation has referred the matter to a neutral evaluator, before the neutral evaluator has reported on the matter.

  • 1999, c. 24, s. 29;
  • 2007, c. 17, s. 12;
  • 2012, c. 19, s. 652(E).
Marginal note:Partial expropriation

 If less than the full interest of a First Nation, or less than the entire right of a First Nation, in First Nation land is expropriated by Her Majesty,

  • (a) the land in which an interest or right is expropriated continues to be First Nation land and subject to the provisions of the land code and First Nation laws that are not inconsistent with the expropriation; and

  • (b) the First Nation continues to have the right to use and occupy that land except to the extent that the use and occupation is inconsistent with the expropriation.

  • 1999, c. 24, s. 30;
  • 2007, c. 17, s. 13;
  • 2012, c. 19, s. 652(E).
Marginal note:Compensation
  •  (1) Where an interest or right in First Nation land is expropriated by Her Majesty, compensation shall be provided to the First Nation consisting of

    • (a) land that, when accepted by that First Nation, will become First Nation land; and

    • (b) any additional compensation required to achieve the total compensation determined under subsection (3).

  • Marginal note:Land of a lesser area

    (2) Land provided to a First Nation as compensation may be of an area that is less than the area of the land in which an interest or right has been expropriated if the total area of the land comprised in a reserve of the First Nation is not less following the expropriation than at the coming into force of its land code.

  • Marginal note:Determination of compensation

    (3) The total compensation shall be determined taking into account the following factors:

    • (a) the market value of the expropriated interest or right or of the land in which an interest or right has been expropriated;

    • (b) the replacement value of any improvement to the land;

    • (c) any expenses or losses resulting from a disturbance attributable to the expropriation;

    • (d) any reduction in the value of any interest or right in First Nation land that is not expropriated;

    • (e) any adverse effect on any cultural or other special value of the land to the First Nation; and

    • (f) the value of any special economic advantage arising out of or incidental to the occupation or use of the land to the extent that that value is not otherwise compensated.

  • Marginal note:Interest

    (4) Interest is payable on compensation from the effective date of an expropriation at the prejudgment interest rate that is paid in civil proceedings in the superior court of the province in which the land is situated.

  • Marginal note:Dispute

    (5) If an agreement on compensation cannot be reached, the First Nation or the expropriating department or agency may refer the matter to an arbitrator in accordance with the Framework Agreement.

  • Marginal note:Limit

    (6) Any claim or encumbrance in respect of an interest expropriated by Her Majesty may only be made or discharged against the compensation paid under this section. In Quebec, any right, charge or claim in respect of a right expropriated by Her Majesty may only be made or discharged against the compensation paid under this section.

  • 1999, c. 24, s. 31;
  • 2007, c. 17, s. 14;
  • 2012, c. 19, s. 652(E).
Marginal note:Restitution
  •  (1) An interest or right in First Nation land expropriated by Her Majesty that is no longer required for the purpose for which it was expropriated shall revert to the First Nation and, if the full interest or the entire right of the First Nation was expropriated, it shall be returned to the First Nation in accordance with terms and conditions negotiated by the First Nation and the expropriating department or agency.

  • Marginal note:Improvements

    (2) When an interest or right reverts or is returned to a First Nation, the minister responsible for the expropriating department or agency shall determine the disposition of any improvements made to the land.

  • Marginal note:Dispute

    (3) If the First Nation and the expropriating department or agency cannot agree on the terms and conditions of the return of the full interest or of the entire right, the First Nation or the department or agency may, in accordance with the Framework Agreement, refer the matter to an arbitrator.

  • 1999, c. 24, s. 32;
  • 2007, c. 17, s. 15;
  • 2012, c. 19, s. 652(E).
Marginal note:Expropriation Act

 Without limiting the generality of section 37, in the event of any inconsistency or conflict between this Act and the Expropriation Act in relation to the expropriation of interests or rights in First Nation land by Her Majesty, this Act prevails to the extent of the inconsistency or conflict.

  • 1999, c. 24, s. 33;
  • 2007, c. 17, s. 16;
  • 2012, c. 19, s. 652(E).

Liability

Marginal note:First Nation not liable
  •  (1) A First Nation is not liable in respect of anything done or omitted to be done before the coming into force of its land code by Her Majesty or any person or body authorized by Her Majesty to act in relation to First Nation land.

  • Marginal note:Indemnification of First Nation

    (2) Her Majesty shall indemnify a First Nation for any loss suffered by the First Nation as a result of an act or omission described in subsection (1).

  • Marginal note:Her Majesty not liable

    (3) Her Majesty is not liable in respect of anything done or omitted to be done after the coming into force of the land code of a First Nation by the First Nation or any person or body authorized by the First Nation to act in relation to First Nation land.

  • Marginal note:Indemnification of Her Majesty

    (4) The First Nation shall indemnify Her Majesty for any loss suffered by Her Majesty as a result of an act or omission described in subsection (3).

  • 1999, c. 24, s. 34;
  • 2012, c. 19, s. 652(E).

Immunity and Judicial Review

Marginal note:Immunity

 No criminal or civil proceedings lie against an arbitrator, mediator, neutral evaluator or verifier appointed under the Framework Agreement or this Act or any member of a board established by section 38 of the Framework Agreement who is, in good faith, exercising a power or performing a duty or function in accordance with the Framework Agreement or this Act for anything done or omitted to be done during the course of the exercise or purported exercise of any power or the performance or purported performance of any duty or function of that person in accordance with the Framework Agreement or this Act.

 
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