First Nations Land Management Act

Version of section 7 from 2008-02-01 to 2012-06-28:

Marginal note:Excluded land
  •  (1) Notwithstanding subsection 6(1), a portion of a reserve may be excluded from the application of a land code if it has been surveyed under Part II of the Canada Lands Surveys Act and if

    • (a) it is in an environmentally unsound condition that cannot be remedied by measures that are technically and financially feasible before the date that the land code is to be submitted for community approval under subsection 10(1);

    • (b) it is the subject of litigation that is unlikely to be resolved before the date referred to in paragraph (a);

    • (c) it is uninhabitable or unusable as a result of a natural disaster; or

    • (d) the first nation and the Minister agree that, for any other reason, its exclusion is justifiable.

  • Marginal note:Condition

    (2) A portion of a reserve may not be excluded from a land code if the exclusion would have the effect of placing the administration of a lease, other interest or a right in that land in more than one land management regime.

  • Marginal note:Exclusion no longer valid

    (3) A first nation shall amend the legal description of first nation land in its land code to include a portion excluded under subsection (1) if the first nation and the Minister agree that the condition that justified the exclusion no longer exists, and the individual agreement shall be amended accordingly.

  • 1999, c. 24, s. 7;
  • 2007, c. 17, s. 3.
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