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Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)

Assented to 2018-12-13

PART 4Various Measures (continued)

DIVISION 111999, c. 24First Nations Land Management Act (continued)

Amendments to the Act (continued)

368 Section 17 of the Act and the heading before it are repealed.

369 Section 19 of the Act is replaced by the following:

Marginal note:Transfer of moneys

  • 19 (1) Subject to section 46.1, on the coming into force of the land code of a First Nation, all revenue moneys and capital moneys held by Her Majesty for the use and benefit of the First Nation or its First Nation members cease to be Indian moneys and shall be transferred to the First Nation. All revenue moneys and capital moneys collected or received by Her Majesty for the use and benefit of the First Nation or its First Nation members after the transfer are not Indian moneys and shall be transferred to the First Nation.

  • Marginal note:Her Majesty not liable

    (2) Her Majesty is not liable in respect of anything done or omitted to be done in relation to the management of revenue moneys or capital moneys transferred to a First Nation under this Act by the First Nation or any person or body authorized by the First Nation to act in relation to those moneys.

  • 370 (1) Subsection 20(1) of the Act is amended by striking out “and” at the end of paragraph (b) and by replacing paragraph (c) with the following:

    • (c) the rules and procedures that apply, during a conjugal relationship, when that relationship breaks down or on the death of a spouse or common-law partner, with respect to

      • (i) the use, occupation and possession of family homes on First Nation land,

      • (ii) the division of the value of any interests or rights held by spouses or common-law partners in or to First Nation land or structures on First Nation land, and

      • (iii) the period of cohabitation in a conjugal relationship required for an individual to be a common-law partner;

    • (d) limits on the liability of, and defences and immunities for, any person or body in respect of an act or omission occurring in the exercise of a power or the performance of a duty or function under a First Nation law or the land code; and

    • (e) any matter arising out of or ancillary to the exercise of the power to enact laws under paragraphs (a) to (d).

  • (2) Subsection 20(3) of the Act is replaced by the following:

    • Marginal note:Contents of First Nation law

      (2.1) A First Nation law enacted under paragraph (1)(c) may include, despite subsection 89(1) of the Indian Act, provisions for enforcing, on First Nation land, an order of a court that includes one or more provisions made under the law or a decision made or an agreement reached under the law.

    • Marginal note:Notice to provincial Attorney General

      (2.2) If the council of a First Nation intends to enact a First Nation law under paragraph (1)(c), the council shall so notify the Attorney General of the province in which the First Nation land is situated. If the First Nation law is enacted, the council shall, without delay, send a copy to that Attorney General.

    • Marginal note:Family Homes on Reserves and Matrimonial Interests or Rights Act

      (2.3) In the event of any inconsistency or conflict between the provisions of a First Nation law enacted under paragraph (1)(c) and the provisions of a law enacted under section 7 of the Family Homes on Reserves and Matrimonial Interests or Rights Act, the provisions of the First Nation law enacted under paragraph (1)(c) prevail to the extent of the inconsistency or conflict.

    • Marginal note:Limit — liability, defences and immunities

      (2.4) A First Nation law enacted under paragraph (1)(d) shall not provide for greater limits on liability, defences and immunities than those that would apply to a person or body exercising a similar power or performing a similar duty or function under the laws of the province in which the First Nation land is situated.

    • Marginal note:Enforcement measures

      (3) A First Nation law may provide for enforcement measures, consistent with federal laws or the laws of the province in which the First Nation land is situated, such as the power to inspect, search and seize and to order compulsory sampling, testing and the production of information.

    • Marginal note:Enforcement of payment of amounts

      (3.1) If a First Nation has, under another Act of Parliament, enacted laws or made by-laws respecting the enforcement of laws or by-laws respecting the taxation for local purposes of reserve lands, interests or rights in reserve lands or rights to occupy, possess or use reserve lands, the First Nation may use the enforcement measures provided for in those laws or by-laws to enforce the payment of any amount payable to the First Nation under its First Nation laws or its land code.

    • Marginal note:Non-application

      (3.2) Subsection (3.1) does not apply to the enforcement of the payment of any amount payable to a First Nation under

      • (a) a First Nation law that applies to a reserve referred to in subsection 6.01(1); or

      • (b) the land code of a First Nation to the extent that it applies to a reserve referred to in subsection 6.01(1).

    • Marginal note:Agreements

      (3.3) A First Nation may enter into an agreement with a government or government agency respecting the collection of any amount payable to the First Nation under its First Nation laws or its land code.

  • (3) Section 20 of the Act is amended by adding the following after subsection (4):

    • Marginal note:Definitions

      (5) The following definitions apply in this section.

      family home

      family home means a structure — that need not be affixed but that must be situated on First Nation land — where the spouses or common-law partners habitually reside or, if they have ceased to cohabit or one of them has died, where they habitually resided on the day on which they ceased to cohabit or the death occurred. If the structure is normally used for a purpose in addition to a residential purpose, this definition includes only the portion of the structure that may reasonably be regarded as necessary for the residential purpose. (foyer familial)

      spouse

      spouse has the same meaning as in subsection 2(1) of the Family Homes on Reserves and Matrimonial Interests or Rights Act. (époux)

371 Paragraph 22(3)(b) of the Act is replaced by the following:

  • (b) enter into an agreement with a provincial government for the use of provincial prosecutors; or

372 Section 23 of the Act is replaced by the following:

Marginal note:Evidence

23 In any proceedings, a copy of a First Nation law appearing to be certified as a true copy by an officer of the First Nation — or, in the case of a First Nation law that applies to First Nation land that is a reserve referred to in subsection 6.01(1), by an officer of any of the First Nations for whose use and benefit the reserve has been set apart — is, without proof of the officer’s signature or official character, evidence of its enactment on the date specified in the law.

  • 373 (1) Subsection 25(2) of the Act is repealed.

  • (2) Subsection 25(3) of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):

    • (e) the transfer of the administration of the Register to any person or body and the disclosure of personal information as defined in section 3 of the Privacy Act for that purpose.

374 The Act is amended by adding the following after section 25:

Additions to First Nation Land

Marginal note:Setting lands apart

  • 25.1 (1) The Minister may, by order, at the request of a First Nation that has a land code in force, set apart as a reserve for the use and benefit of that First Nation any lands the title to which is vested in Her Majesty or for which Her Majesty has the administration and control.

  • Marginal note:First Nation land

    (2) The lands that are the subject of the order become First Nation land on the day on which the order is made. The land code of the First Nation and the individual agreement between the First Nation and the Minister are deemed, on that day, to be amended to include a description of those lands.

  • Marginal note:Powers of First Nation

    (3) Before the order is made, the First Nation may, in accordance with its land code,

    • (a) grant interests or rights in and licences in relation to the lands that are subject to the request referred to in subsection (1); and

    • (b) enact laws respecting any matters referred to in section 20 that will apply to those lands.

  • Marginal note:Taking effect

    (4) Any interests, rights or licences granted by the First Nation under subsection (3) take effect on the day on which the order is made and any laws enacted by the First Nation under that subsection come into force on that day.

  • Marginal note:Copy of order in First Nation Land Register

    (5) The Minister shall record a copy of the order in the First Nation Land Register.

  • Marginal note:Coming into force of land code

    (6) For the purposes of sections 16, 34 and 38, as those sections apply in relation to First Nation land that was the subject of the order, the coming into force of the land code is deemed to be the day on which the order is made.

Marginal note:First Nation not liable

  • 25.2 (1) A First Nation is not liable in respect of anything done or omitted to be done, before the day on which an order is made under subsection 25.1(1), by Her Majesty or any person or body authorized by Her Majesty to act in relation to the granting of interests or rights in or licences in relation to the lands that are the subject of the order or the obtaining of discharges of any of those interests, rights or licences.

  • Marginal note:Indemnification of First Nation

    (2) Her Majesty shall indemnify a First Nation for any loss suffered by the First Nation as a result of an act or omission described in subsection (1).

  • Marginal note:Her Majesty not liable

    (3) Her Majesty is not liable in respect of anything done or omitted to be done under paragraph 25.1(3)(a) by the First Nation or any person or body authorized by the First Nation to act under that paragraph.

  • Marginal note:Indemnification of Her Majesty

    (4) The First Nation shall indemnify Her Majesty for any loss suffered by Her Majesty as a result of an act or omission described in subsection (3).

375 Paragraph 27(1)(a) of the Act is replaced by the following:

  • (a) compensation for the First Nation land includes land that Her Majesty has agreed will be set apart as a reserve or set aside as a parcel of lands set aside and that is to become First Nation land; and

376 Subsection 31(2) of the Act is replaced by the following:

  • Marginal note:Land of 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 or in the lands set aside for the First Nation is not less following the expropriation than at the coming into force of its land code.

377 Sections 35 and 36 of the Act are replaced by the following:

Marginal note:Immunity

35 No criminal or civil proceedings lie against an arbitrator, mediator, neutral evaluator, verifier or ratification officer appointed under the Framework Agreement or this Act or any member of a board established by section 38 of the Framework Agreement who is, in good faith, exercising a power or performing a duty or function in accordance with the Framework Agreement or this Act for anything done or omitted to be done during the course of the exercise or purported exercise of any power or the performance or purported performance of any duty or function of that person in accordance with the Framework Agreement or this Act.

Marginal note:Determinations final

  • 36 (1) Every determination under this Act or the Framework Agreement by a verifier, ratification officer or arbitrator is final, and no order shall be made, process entered or proceedings taken in any court, whether by way of injunction, certiorari, prohibition, mandamus, quo warranto or otherwise, to question, review or prohibit such a determination.

  • Marginal note:Actions final

    (2) No order shall be made, process entered or proceedings taken in any court, whether by way of injunction, certiorari, prohibition, mandamus, quo warranto or otherwise, to question, review or prohibit any other action under this Act or the Framework Agreement by a verifier, ratification officer or arbitrator or any action under the Framework Agreement by a neutral evaluator.

  • Marginal note:Review by Federal Court

    (3) Despite subsections (1) and (2), the Attorney General of Canada or anyone directly affected by the matter in respect of which relief is sought may make an application under the Federal Courts Act on any of the grounds referred to in paragraph 18.1(4)(a) or (b) of that Act for any relief against a verifier, ratification officer, arbitrator or neutral evaluator by way of an injunction or declaration or by way of an order in the nature of certiorari, prohibition, mandamus or quo warranto.

  • 378 (1) Subsection 38(1) of the Act is amended by adding the following after paragraph (a):

    • (a.1) sections 61 to 65, 67 and 68 of that Act, other than in respect of moneys collected, received or held by Her Majesty under that Act for the use and benefit of an individual;

  • (2) Section 38 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Non-application

      (1.1) If the individual agreement between a First Nation and the Minister is amended to provide for the transfer of capital moneys in accordance with subsection 46.1(1), then sections 61 to 65, 67 and 68 of the Indian Act cease to apply to the First Nation, First Nation members and First Nation land, other than in respect of moneys collected, received or held by Her Majesty under that Act for the use and benefit of an individual.

  • (3) Subsection 38(3) of the Act is replaced by the following:

    • Marginal note:Application

      (3) A land code may extend the application of subsection 89(1.1) of the Indian Act, or any portion of it, to other leasehold interests or leases in reserve land to which a land code applies.

  • 379 (1) Subsection 39(1) of the Act is replaced by the following:

    Marginal note:Indian Oil and Gas Act

    • 39 (1) The Indian Oil and Gas Act

      • (a) continues to apply in respect of any reserve land to which a land code applies that was subject to that Act on the coming into force of the land code; and

      • (b) applies in respect of an interest or right in reserve land to which a land code applies that is granted to Her Majesty for the exploitation of oil and gas under the land code.

  • (2) Subsection 39(2) of the English version of the Act is replaced by the following:

    • Marginal note:Royalties

      (2) For greater certainty, the provisions of the Indian Oil and Gas Act respecting the payment of royalties to Her Majesty in trust for a First Nation apply, despite any other provision of this Act, in respect of reserve land referred to in subsection (1).

380 Section 45 of the Act and the heading before it are replaced by the following:

Amendment of Schedules

Marginal note:Addition of band name

  • 45 (1) The Minister may, by order, add the name of a band to Schedule 1 if he or she is satisfied that the signing of the Framework Agreement on the band’s behalf has been duly authorized and that the Framework Agreement has been signed.

  • Marginal note:Coming into force of land code

    (2) The Minister may, by order, add to Schedule 2 the name of a First Nation that has a land code in force and the date on which the land code comes into force with respect to First Nation land.

  • Marginal note:Amendment

    (3) The Minister may, by order, amend Schedule 1 or 2 to amend the name of a First Nation.

  • Marginal note:Deletion

    (4) The Minister may, by order, delete from Schedule 1 or 2 the name of a First Nation and delete from Schedule 2 the date on which a land code comes into force with respect to the First Nation’s lands, if that First Nation is no longer subject to this Act under the terms of a land claims agreement or a self-government agreement.

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