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Marginal note:Powers re inspections, searches, etc.

41 Oil and gas laws made under paragraph 35(1)(f) may not establish procedures inconsistent with those provided by the laws of the province in which the managed area is situated, nor may they confer powers greater than those of a public officer within the meaning of the Criminal Code.

Marginal note:Definitions

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

  decision-making authority

  decision-making authority , in relation to a project, means a person or body having power under section34 or under a first nation’s oil and gas laws to make any decision that is required in order for the project to be undertaken. (autorité décisionnelle)

  first nation

  first nation  means a band within the meaning of the Indian Act. (première nation)

  managed area

  managed area  means a managed area as described in section25. (secteur aménagé)

  oil and gas law

  oil and gas law  means a law made by a first nation under section35. (texte pétrolier ou gazier)

  trust company

  trust company  means a trust company under subsection 57(2) of the Trust and Loan Companies Act, or a company incorporated by or under a provincial Act that carries on the business of a trust company, that is a member institution within the meaning of section 2 of the Canada Deposit Insurance Corporation Act. (société de fiducie)

• Marginal note:Expressions in Impact Assessment Act

  (2) In this Act, environment has the same meaning as in section 2 of the Impact Assessment Act and environmental effects has the same meaning as in section 81 of that Act.

• Marginal note:Expressions in Indian Act

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

[...]

Marginal note:Indian Act

• 54 (1) As of a first nation’s transfer date, the following do not apply in relation to the issuing of contracts in respect of the first nation’s managed area:

  • (a) sections 23, 28, 29, 34, 35, 37 to 41, 53, 54, 58 to 60 and 93 of the Indian Act;

  • (b) any regulations made under section 57 of that Act; and

  • (c) any regulations made under sections 42 and 73 of that Act, to the extent that those regulations are inconsistent with or conflict with the first nation’s oil and gas code or its oil and gas laws.

• Marginal note:Indian Act

  (2) Sections 61 to 69 of the Indian Act do not apply in respect of oil and gas moneys of a first nation as of the first nation’s transfer date.

• Marginal note:Indian Act

  (3) Subsection 89(1.1) of the Indian Act continues to apply in respect of leasehold interests in any first nation land that was designated land on the first nation’s transfer date.

• Marginal note:Application

  (4) A first nation’s oil and gas laws may extend the application of subsection 89(1.1) of the Indian Act, or any portion of it, to leasehold interests under contracts.

Marginal note:Past liability

28 Subject to section27, this Act does not affect the liability of Her Majesty or a first nation for any act or omission occurring before the first nation’s transfer date.

62 The Governor in Council may make regulations

• (a) governing the conduct of a vote under section17 or 18, including

  [...]

• (b) for the purposes of subsections 26(2) and 34(3),

  • [...]

  • (ii) providing for the transfer of existing contracts to that register from the Reserve Land Register maintained under section 21 of the Indian Act or, in the case of a first nation to which the First Nations Land Management Act applies, from the First Nations Land Register maintained under section 25 of that Act, and

• [...]

• (e) in the absence of an agreement with the government of a province referred to in section43, establishing bodies, or designating existing bodies, to administer oil and gas laws that incorporate laws of the province.