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

Marginal note:Copy and declaration

• 13. (1) If a first nation votes to approve a land code and an individual agreement, its council shall, after the conclusion of the vote and without delay, send to the verifier a copy of the approved code and a declaration that the code and agreement were approved in accordance with section 12.

• 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.

Marginal note:Certification

• 14. (1) The verifier shall, after receiving a copy of the land code and the declaration, 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 ten 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.

Marginal note:Coming into force

• 15. (1) A land code comes into force and has the force of law on the day it is certified or on any other later date that may be specified in or under the land code and judicial notice shall thereafter be taken of the land code in any proceedings.

• 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.

Marginal note:Effect

• 16. (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.