• 1. (1) The definition intérêts in subsection 2(1) of the French version of the First Nations Land Management Act is repealed.

• (2) The definitions “first nation land” and “licence” in subsection 2(1) of the Act are replaced by the following:

  “first nation land”

  « terres de la première nation »

  “first nation land” means reserve land to which a land code applies and includes all the interests or rights in, and resources of, the land that are within the legislative authority of Parliament.

  “licence”

  « permis »

  “licence”, in relation to first nation land, means

  • (a) in Canada elsewhere than in Quebec, any right of use or occupation of the land other than an interest in that land;

  • (b) in Quebec, any right to use or occupy the land other than a right as defined in this subsection.

• (3) The definition “interest” in subsection 2(1) of the English version of the Act is replaced by the following:

  “interest”

  « intérêt »

  “interest”, in relation to first nation land in Canada elsewhere than in Quebec, means any estate, right or interest of any nature in or to the land, but does not include title to the land.

• (4) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

  “right”

  « droit »

  “right”, in relation to first nation land in Quebec, means any right of any nature in or to that land, including the rights of a lessee, but does not include title to the land.

• (5) Subsection 2(1) of the French version of the Act is amended by adding the following in alphabetical order:

  « intérêt »

  “interest”

  intérêt S’agissant des terres de la première nation situées au Canada mais ailleurs qu’au Québec, tout domaine, droit ou autre intérêt portant sur celles-ci; est cependant exclu le titre de propriété.

• 2. (1) Paragraphs 6(1)(b) and (c) of the Act are replaced by the following:

  • (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;

• (2) Paragraph 6(1)(f) of the Act is replaced by the following:

  • (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;

• (3) Paragraphs 6(1)(i) and (j) of the Act are replaced by the following:

  • (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;

• (4) Paragraph 6(3)(b) of the Act is replaced by the following:

  • (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;

3. Subsection 7(2) of the Act is replaced by the following:

4. Subsection 10(4) of the Act is replaced by the following:

5. Section 16 of the Act is replaced by the following:

6. Subsection 17(1) of the Act is replaced by the following:

• 7. (1) Paragraph 18(1)(b) of the Act is replaced by the following:

  • (b) grant interests or rights in and licences in relation to that land;

• (2) Paragraph 18(2)(a) of the Act is replaced by the following:

  • (a) acquire and hold property;

• 8. (1) Paragraph 20(1)(a) of the Act is replaced by the following:

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

• (2) Paragraph 20(2)(b) of the Act is replaced by the following:

  • (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;

• 9. (1) The portion of subsection 25(3) of the Act before paragraph (b) is replaced by the following:

  • Marginal note:Regulations

    (3) The Governor in Council may, on the recommendation of the Minister and in accordance with the Framework Agreement, make regulations respecting the administration of the First Nation Land Register, the registration of interests or rights in it and the recording of any other matter, including but not limited to regulations respecting

    • (a) the effects of registering interests or rights, including priorities;

• (2) Paragraph 25(3)(b) of the English version of the Act is replaced by the following:

  • (b) the payment of fees for the registration of interests or rights and for any other service in relation to the Register;

10. Subsection 26(2) of the Act is replaced by the following:

• 11. (1) Subsections 28(1) and (2) of the Act are replaced by the following:

  Marginal note:Expropriation by a first nation

  • 28. (1) A first nation may, in accordance with the general rules and procedures contained in its land code, expropriate any interest or right in its first nation land that, in the opinion of its council, is necessary for community works or other first nation community purposes.

  • Marginal note:Exception

    (2) An interest or right in first nation land obtained under section 35 of the Indian Act or held by Her Majesty is not subject to expropriation by a first nation.

• (2) Subsection 28(3) of the English version of the Act is replaced by the following:

  • Marginal note:Effective date

    (3) An expropriation takes effect from the day on which a notice of expropriation is registered in the First Nation Land Register or the thirtieth day after the day on which the notice is served on the person whose interest or right is expropriated, whichever is the earlier.

• (3) Subsections 28(4) and (5) of the Act are replaced by the following:

  • Marginal note:Effect of expropriation

    (4) An expropriated interest becomes the property of the first nation free of any previous claim or encumbrance. In Quebec, a first nation becomes the holder of an expropriated right free of any previous right, charge or claim.

  • Marginal note:Compensation

    (5) A first nation shall pay fair compensation to the holder of an expropriated interest or right and, in determining that compensation, the first nation shall apply the rules set out in the Expropriation Act, with such modifications as the circumstances require.