An Act to amend the First Nations Land Management Act (S.C. 2007, c. 17)

• 12. (1) Subsection 29(1) of the Act is replaced by the following:

  Marginal note:Expropriation by Her Majesty

  • 29. (1) An interest or right in first nation land may be expropriated by Her Majesty for the use of a federal department or agency and with the consent and by order of the Governor in Council.

• (2) Paragraphs 29(3)(b) and (c) of the Act are replaced by the following:

  • (b) reasonable efforts have been made to acquire the interest or right through agreement with the first nation;

  • (c) the most limited interest or right necessary is expropriated for the shortest time possible; and

• 13. (1) The portion of section 30 of the Act before paragraph (a) is replaced by the following:

  Marginal note:Partial expropriation

  30. If less than the full interest of a first nation, or less than the entire right of a first nation, in first nation land is expropriated by Her Majesty,

• (2) Paragraph 30(a) of the English version of the Act is replaced by the following:

  • (a) the land in which an interest or right is expropriated continues to be first nation land and subject to the provisions of the land code and first nation laws that are not inconsistent with the expropriation; and

• 14. (1) The portion of subsection 31(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Compensation

  • 31. (1) Where an interest or right in first nation land is expropriated by Her Majesty, compensation shall be provided to the first nation consisting of

• (2) Subsection 31(2) of the English version of the Act is replaced by the following:

  • Marginal note:Land of a lesser area

    (2) Land provided to a first nation as compensation may be of an area that is less than the area of the land in which an interest or right has been expropriated if the total area of the land comprised in a reserve of the first nation is not less following the expropriation than at the coming into force of its land code.

• (3) Paragraph 31(3)(a) of the Act is replaced by the following:

  • (a) the market value of the expropriated interest or right or of the land in which an interest or right has been expropriated;

• (4) Paragraph 31(3)(d) of the Act is replaced by the following:

  • (d) any reduction in the value of any interest or right in first nation land that is not expropriated;

• (5) Subsection 31(6) of the Act is replaced by the following:

  • Marginal note:Limit

    (6) Any claim or encumbrance in respect of an interest expropriated by Her Majesty may only be made or discharged against the compensation paid under this section. In Quebec, any right, charge or claim in respect of a right expropriated by Her Majesty may only be made or discharged against the compensation paid under this section.

• 15. (1) Subsections 32(1) and (2) of the Act are replaced by the following:

  Marginal note:Restitution

  • 32. (1) An interest or right in first nation land expropriated by Her Majesty that is no longer required for the purpose for which it was expropriated shall revert to the first nation and, if the full interest or the entire right of the first nation was expropriated, it shall be returned to the first nation in accordance with terms and conditions negotiated by the first nation and the expropriating department or agency.

  • Marginal note:Improvements

    (2) When an interest or right reverts or is returned to a first nation, the minister responsible for the expropriating department or agency shall determine the disposition of any improvements made to the land.

• (2) Subsection 32(3) of the English version of the Act is replaced by the following:

  • Marginal note:Dispute

    (3) If the first nation and the expropriating department or agency cannot agree on the terms and conditions of the return of the full interest or of the entire right, the first nation or the department or agency may, in accordance with the Framework Agreement, refer the matter to an arbitrator.

16. Section 33 of the Act is replaced by the following:

17. Subsections 38(2) and (3) of the Act are replaced by the following:

18. Paragraph 39(1)(b) of the Act is replaced by the following:

Marginal note:Coming into force

19. This Act comes into force on a day to be fixed by order of the Governor in Council.