First Nations Land Management Act

Version of section 6 from 2008-02-01 to 2012-06-28:

Marginal note:Adoption of land code
  •  (1) A first nation that wishes to establish a land management regime in accordance with the Framework Agreement and this Act shall adopt a land code applicable to all land in a reserve of the first nation, which land code must include the following matters:

    • (a) a legal description of the land that will be subject to the land code;

    • (b) the general rules and procedures applicable to the use and occupancy of first nation land, including use and occupancy under

      • (i) licences and leases, and

      • (ii) interests or rights in first nation land held pursuant to allotments under subsection 20(1) of the Indian Act or pursuant to the custom of the first nation;

    • (c) the procedures that apply to the transfer, by testamentary disposition or succession, of any interest or right in first nation land;

    • (d) the general rules and procedures respecting revenues from natural resources obtained from first nation land;

    • (e) the requirements for accountability to first nation members for the management of first nation land and moneys derived from first nation land;

    • (f) a community consultation process for the development of general rules and procedures respecting, in cases of breakdown of marriage, the use, occupation and possession of first nation land and the division of interests or rights in first nation land;

    • (g) the rules that apply to the enactment and publication of first nation laws;

    • (h) the rules that apply to conflicts of interest in the management of first nation land;

    • (i) the establishment or identification of a forum for the resolution of disputes in relation to interests or rights in first nation land;

    • (j) the general rules and procedures that apply in respect of the granting or expropriation by the first nation of interests or rights in first nation land;

    • (k) the general rules and procedures for the delegation, by the council of the first nation, of its authority to manage first nation land;

    • (l) the procedures that apply to an approval of an exchange of first nation land; and

    • (m) the procedures for amending the land code.

  • Marginal note:Land management regime

    (2) For greater certainty, if more than one reserve has been set apart for the use and benefit of a first nation, the first nation may establish a land management regime for any or all of its reserves.

  • Marginal note:Individual agreement

    (3) A first nation that wishes to establish a land management regime shall, in accordance with the Framework Agreement, enter into an individual agreement with the Minister describing the land that will be subject to the land code and providing for

    • (a) the terms of the transfer of administration of that land;

    • (b) a description of the interests or rights and licences that have been granted by Her Majesty in or in relation to that land, and the date and other terms of the transfer to the first nation of Her Majesty’s rights and obligations as grantor of those interests or rights and licences;

    • (c) the environmental assessment process that will apply to projects on that land until the enactment of first nation laws in relation to that subject; and

    • (d) any other relevant matter.

  • 1999, c. 24, s. 6;
  • 2007, c. 17, s. 2.
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