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

Marginal note:Offences and punishment

• 22. (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.

Marginal note:Evidence

23. 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.

Marginal note:Appointment of justices of the peace

• 24. (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.

Marginal note:Establishment

• 25. (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.