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Marginal note:Definitions

• 2 (1) The following definitions apply in this Act.

  council

  council , in relation to a First Nation, has the same meaning as the expression council of the band  in subsection 2(1) of the Indian Act. (conseil)

  court

  court , unless otherwise indicated, means, in respect of a province, the court referred to in any of paragraphs (a) to (e) of the definition court  in subsection 2(1) of the Divorce Act. (tribunal)

  designated judge

  designated judge , in respect of a province, means any of the following persons who are authorized by the lieutenant governor in council of the province to act as a designated judge for the purposes of this Act:

  [...]

  First Nation

  First Nation  means a band as defined in subsection 2(1) of the Indian Act. (première nation)

  interest or right

  interest or right  means

  • (a) the following interests or rights referred to in the Indian Act:

    • (i) a right to possession, with or without a Certificate of Possession or a Certificate of Occupation, allotted in accordance with section 20 of that Act,

    • (ii) a permit referred to in subsection 28(2) of that Act, and

    • (iii) a lease under section 53 or 58 of that Act;

  • (b) an interest or right in or to reserve land that is subject to any land code or First Nation law as defined in subsection 2(1) of the First Nations Land Management Act, to any First Nation law enacted under a self-government agreement to which Her Majesty in right of Canada is a party, or to any land governance code adopted, or any Kanesatake Mohawk law enacted, under the Kanesatake Interim Land Base Governance Act; and

  • (c) an interest or right in or to a structure — that need not be affixed but that must be situated on reserve land that is not the object of an interest or right referred to in paragraph (a) — which interest or right is recognized by the First Nation on whose reserve the structure is situated or by a court order made under section48. (droit ou intérêt)

  peace officer

  peace officer  means a person referred to in paragraph (c) of the definition peace officer  in section 2 of the Criminal Code.  (agent de la paix)

• Marginal note:Words and expressions

  (2) Unless the context otherwise requires, words and expressions used in this Act have the same meaning as in the Indian Act.

• Marginal note:Agreement between spouses or common-law partners

  (3) For greater certainty, for the purposes of this Act, an agreement between spouses or common-law partners includes an agreement reached through the use of traditional dispute resolution.

• Marginal note:Former spouse or common-law partner

  (4) For the purposes of the definition matrimonial interests or rights in subsection (1), subsection (3), section 6, subsections 15(2), (4) and (5) and sections16, 20, 26, 28 to 33, 43, 45, 48, 49 and 54, a spouse or common-law partner includes a former spouse or common-law partner.

• Marginal note:Term not restrictive

  (5) The use of the term application to describe a proceeding in a court under this Act must not be construed as limiting the name under which and the form and manner in which that proceeding may be taken in that court, and the name, manner and form of the proceeding in that court are those that are provided for by the rules regulating the practice and procedure in that court.

• Marginal note:Kanesatake

  (6) For the purposes of this Act, a reference to a reserve is also a reference to the Kanesatake Mohawk interim land base as defined in subsection 2(1) of the Kanesatake Interim Land Base Governance Act.

Marginal note:Definitions

• 2 (1) The following definitions apply in this Act.

  council

  council , in relation to a First Nation, has the same meaning as the expression council of the band  in subsection 2(1) of the Indian Act. (conseil)

  court

  court , unless otherwise indicated, means, in respect of a province, the court referred to in any of paragraphs (a) to (e) of the definition court  in subsection 2(1) of the Divorce Act. (tribunal)

  designated judge

  designated judge , in respect of a province, means any of the following persons who are authorized by the lieutenant governor in council of the province to act as a designated judge for the purposes of this Act:

  [...]

  First Nation

  First Nation  means a band as defined in subsection 2(1) of the Indian Act. (première nation)

  interest or right

  interest or right  means

  • (a) the following interests or rights referred to in the Indian Act:

    • (i) a right to possession, with or without a Certificate of Possession or a Certificate of Occupation, allotted in accordance with section 20 of that Act,

    • (ii) a permit referred to in subsection 28(2) of that Act, and

    • (iii) a lease under section 53 or 58 of that Act;

  • (b) an interest or right in or to reserve land that is subject to any First Nation law as defined in subsection 2(1) of the Framework Agreement on First Nation Land Management Act or to any land code within the meaning of subsection 2(2) of that Act, to any First Nation law enacted under a self-government agreement to which Her Majesty in right of Canada is a party, or to any land governance code adopted, or any Kanesatake Mohawk law enacted, under the Kanesatake Interim Land Base Governance Act; and

  • (c) an interest or right in or to a structure — that need not be affixed but that must be situated on reserve land that is not the object of an interest or right referred to in paragraph (a) — which interest or right is recognized by the First Nation on whose reserve the structure is situated or by a court order made under section48. (droit ou intérêt)

  peace officer

  peace officer  means a person referred to in paragraph (c) of the definition peace officer  in section 2 of the Criminal Code.  (agent de la paix)

• Marginal note:Words and expressions

  (2) Unless the context otherwise requires, words and expressions used in this Act have the same meaning as in the Indian Act.

• Marginal note:Agreement between spouses or common-law partners

  (3) For greater certainty, for the purposes of this Act, an agreement between spouses or common-law partners includes an agreement reached through the use of traditional dispute resolution.

• Marginal note:Former spouse or common-law partner

  (4) For the purposes of the definition matrimonial interests or rights in subsection (1), subsection (3), section 6, subsections 15(2), (4) and (5) and sections16, 20, 26, 28 to 33, 43, 45, 48, 49 and 54, a spouse or common-law partner includes a former spouse or common-law partner.

• Marginal note:Term not restrictive

  (5) The use of the term application to describe a proceeding in a court under this Act must not be construed as limiting the name under which and the form and manner in which that proceeding may be taken in that court, and the name, manner and form of the proceeding in that court are those that are provided for by the rules regulating the practice and procedure in that court.

• Marginal note:Kanesatake

  (6) For the purposes of this Act, a reference to a reserve is also a reference to the Kanesatake Mohawk interim land base as defined in subsection 2(1) of the Kanesatake Interim Land Base Governance Act.

[...]

Marginal note:First Nations with reserve lands

• 12 (1) Sections13 to 52 only apply to a First Nation that has reserve lands and that is not referred to in subsection (2) or (3) if the First Nation laws that it enacts under section7 are not in force.

• Marginal note:First Nations Land Management Act

  (2) Sections13 to 52 only apply to a First Nation, as defined in subsection 2(1) of the First Nations Land Management Act, if

  • (a) on the day on which this subsection comes into force, the land code that the First Nation adopts under section 6 of that Act is not in force; and

  • (b) the First Nation laws that it enacts under section 7 of this Act or paragraph 20(1)(c) of that Act are not in force.

• Marginal note:Self-governing First Nations that retain reserve land

  (3) Sections13 to 52 only apply to a First Nation that has the power to manage its reserve land under a self-government agreement into which the First Nation has entered and to which Her Majesty in right of Canada is a party if

  • (a) on the recommendation of the parties to the agreement, the Minister makes a declaration, by order, that those sections apply to the First Nation; and

  • (b) the First Nation laws referred to in section7 that it enacts under that section or under the self-government agreement are not in force.

• Marginal note:Declaration

  (4) In the declaration referred to in paragraph (3)(a), the Minister must specify that sections13 to 52 apply to the First Nation until the First Nation laws referred to in section7 that it enacts under that section or under the self-government agreement come into force.

• [...]

• Marginal note:Notice on coming into force

  (6) If a First Nation in respect of which the Minister has made a declaration enacts the First Nation laws referred to in section7 under that section or under the self-government agreement, and those laws come into force, the First Nation must notify the Minister in writing without delay.

[...]

Marginal note:First Nations with reserve lands

• 12 (1) Sections13 to 52 only apply to a First Nation that has reserve lands and that is not referred to in subsection (2) or (3) if the First Nation laws that it enacts under section7 are not in force.

• Marginal note:Framework Agreement on First Nation Land Management Act

  (2) Sections 13 to 52 apply to a First Nation, within the meaning of subsection 2(2) of the Framework Agreement on First Nation Land Management Act, only if

  • (a) on the day on which this subsection comes into force, the land code that the First Nation adopts under the Framework Agreement, as defined in subsection 2(1) of that Act, is not in force; and

  • (b) the First Nation laws that it enacts under section 7 of this Act or subclause 18.3 of that Framework Agreement are not in force.

• Marginal note:Self-governing First Nations that retain reserve land

  (3) Sections13 to 52 only apply to a First Nation that has the power to manage its reserve land under a self-government agreement into which the First Nation has entered and to which Her Majesty in right of Canada is a party if

  • (a) on the recommendation of the parties to the agreement, the Minister makes a declaration, by order, that those sections apply to the First Nation; and

  • (b) the First Nation laws referred to in section7 that it enacts under that section or under the self-government agreement are not in force.

• Marginal note:Declaration

  (4) In the declaration referred to in paragraph (3)(a), the Minister must specify that sections13 to 52 apply to the First Nation until the First Nation laws referred to in section7 that it enacts under that section or under the self-government agreement come into force.

• [...]

• Marginal note:Notice on coming into force

  (6) If a First Nation in respect of which the Minister has made a declaration enacts the First Nation laws referred to in section7 under that section or under the self-government agreement, and those laws come into force, the First Nation must notify the Minister in writing without delay.

[...]

Marginal note:Order in council

• Footnote ^*56 (1) The provisions of this Act, except sections12 to 52, 54 and 55, come into force on a day or days to be fixed by order of the Governor in Council.

• Marginal note:Provisional federal rules

  (2) Sections12 to 52 come into force one year after the day on which section7 comes into force.

  • Return to footnote ^*[Note: Sections 1 to 11 and 53 in force December 16, 2013, sections 12 to 52 in force December 16, 2014, see SI/2013-128.]