Coming into Force of Land Code
Marginal note:Coming into force
15. (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.
(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).
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.
- 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
17. (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.
(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).
- Date modified: