First Nations Land Management Act

Version of section 20 from 2008-02-01 to 2012-06-28:

Marginal note:Power to enact laws
  •  (1) The council of a first nation has, in accordance with its land code, the power to enact laws respecting

    • (a) interests or rights in and licences in relation to first nation land;

    • (b) the development, conservation, protection, management, use and possession of first nation land; and

    • (c) any matter arising out of or ancillary to the exercise of that power.

  • Marginal note:Particular powers

    (2) Without restricting the generality of subsection (1), first nation laws may include laws respecting

    • (a) the regulation, control or prohibition of land use and development including zoning and subdivision control;

    • (b) subject to section 5, the creation, acquisition and granting of interests or rights in and licences in relation to first nation land and prohibitions in relation thereto;

    • (c) environmental assessment and environmental protection;

    • (d) the provision of local services in relation to first nation land and the imposition of equitable user charges for those services; and

    • (e) the provision of services for the resolution of disputes in relation to first nation land.

  • Marginal note:Enforcement measures

    (3) A first nation law may provide for enforcement measures, consistent with federal laws, such as the power to inspect, search and seize and to order compulsory sampling, testing and the production of information.

  • Marginal note:Inconsistency

    (4) In the event of any inconsistency or conflict between the land code of a first nation and the provisions of a first nation law or of a by-law made by its council under section 81 of the Indian Act, the land code prevails to the extent of the inconsistency or conflict.

  • 1999, c. 24, s. 20;
  • 2007, c. 17, s. 8.
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