Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)
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Assented to 2018-12-13
PART 4Various Measures (continued)
DIVISION 111999, c. 24First Nations Land Management Act (continued)
Amendments to the Act (continued)
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.
(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,
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.
- Date modified: