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Fall Economic Statement Implementation Act, 2022 (S.C. 2022, c. 19)

Assented to 2022-12-15

PART 4Various Measures (continued)

DIVISION 3Framework Agreement on First Nation Land Management Act (continued)

SUBDIVISION BTransitional Provisions, Consequential Amendments and Repeal

Transitional Provisions

Marginal note:Definition of former Act

  • 122 (1) In this section and sections 123 and 124, former Act means the First Nations Land Management Act, chapter 24 of the Statutes of Canada, 1999.

  • Marginal note:Other definitions

    (2) In sections 123 and 124, First Nation law, Framework Agreement, individual agreement, interest, land code, licence and right have the same meaning as in subsection 2(1) of the former Act, as it read immediately before the day on which section 143 of this Act comes into force.

Marginal note:Documents and decisions previously made

123 Nothing in this Act affects

  • (a) any land codes, individual agreements, First Nation laws or documents, including licences and other authorizations, contracts and other instruments or acts, that were issued, granted, entered into or made in accordance with the former Act or the Framework Agreement and that are in force on the day on which this Act comes into force;

  • (b) any actions taken or decisions made, before the day on which this Act comes into force, in accordance with the former Act or the Framework Agreement, including the registration of an interest or right in the First Nation Land Register, as established under section 25 of the former Act and the establishment of priorities or, in Quebec, rankings among interests or rights that have been registered.

Marginal note:Reference to former Act

124 Unless the context otherwise requires, any reference to the former Act, or any provision of that Act, in any land codes, individual agreements, First Nation laws or documents referred to in paragraph 123(a) is to be read as a reference to the Framework Agreement on First Nation Land Management Act or the Framework Agreement, or any relevant provision of that Act or Agreement, as the case may be.

Consequential Amendments
R.S., c. I-7Indian Oil and Gas Act

125 Paragraph (d) of the definition first nation lands in subsection 2(1) of the Indian Oil and Gas Act is replaced by the following:

  • (d) rights and interests in reserve lands that have been granted to Her Majesty in right of Canada for oil or gas exploration or exploitation pursuant to a land code adopted under the Framework Agreement as defined in subsection 2(1) of the Framework Agreement on First Nation Land Management Act. (terres de la première nation)

126 Subsection 3(1) of the Act is replaced by the following:

Marginal note:Instruments under other Acts

2004, c. 17Westbank First Nation Self-Government Act

127 Section 7 of the Westbank First Nation Self-Government Act is replaced by the following:

Marginal note:Acts respecting reserve lands

7 The Framework Agreement on First Nation Land Management Act and the Indian Oil and Gas Act do not apply in respect of the Westbank First Nation, its council, its members or Westbank lands.

2005, c. 48First Nations Oil and Gas and Moneys Management Act

128 Subsection 26(1) of the First Nations Oil and Gas and Moneys Management Act is replaced by the following:

Marginal note:Registration of lands

  • 26 (1) A legal description of a first nation’s managed area shall be entered, as of the first nation’s transfer date, in the Reserve Land Register maintained under section 21 of the Indian Act or, in the case of a first nation to which the Framework Agreement on First Nation Land Management Act applies, the First Nation Lands Register, within the meaning of subsection 2(2) of that Act. If lands are subsequently added to the managed area, the applicable register shall be amended accordingly.

129 Section 55 of the Act is replaced by the following:

Marginal note:Non-application

55 The Framework Agreement on First Nation Land Management Act and the Indian Oil and Gas Act do not apply in relation to oil and gas exploration or exploitation in a first nation’s managed area as of the first nation’s transfer date.

130 Subparagraph 62(b)(ii) of the Act is replaced by the following:

  • (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 Framework Agreement on First Nation Land Management Act applies, from the First Nation Lands Register, within the meaning of subsection 2(2) of that Act, and

2006, c. 10First Nations Jurisdiction over Education in British Columbia Act

131 The definition First Nation land in subsection 2(1) of the First Nations Jurisdiction over Education in British Columbia Act is replaced by the following:

First Nation land

First Nation land means a reserve, as defined in subsection 2(1) of the Indian Act, that is situated in British Columbia and that is set apart for a participating First Nation, and includes First Nation land, as defined in subsection 2(1) of the Framework Agreement on First Nation Land Management Act. (terres autochtones)

2008, c. 32Tsawwassen First Nation Final Agreement Act

132 Section 13 of the Tsawwassen First Nation Final Agreement Act is replaced by the following:

Marginal note:Framework Agreement on First Nation Land Management Act

13 The Framework Agreement on First Nation Land Management Act, the Framework Agreement as defined in subsection 2(1) of that Act and the Tsawwassen land code — adopted under subsection 6(1) of the First Nations Land Management Act, as it read before the coming into force of the Framework Agreement on First Nation Land Management Act — do not apply in respect of the Tsawwassen First Nation, Tsawwassen Members, Tsawwassen Lands, the Tsawwassen Government or Tsawwassen Public Institutions.

133 Section 22 of the Act is replaced by the following:

Marginal note:Existing interests — First Nations Land Management Act

22 If an interest in land in the Former Tsawwassen Reserve was granted or approved under the First Nations Land Management Act, as it read before the coming into force of the Framework Agreement on First Nation Land Management Act, and exists on the effective date of the Agreement, the interest continues in effect in accordance with its terms and conditions unless a replacement interest is issued in accordance with Chapter 4 of the Agreement.

134 Sections 24 and 25 of the Act are replaced by the following:

Marginal note:Indemnification of Tsawwassen First Nation

24 For as long as the Framework Agreement on First Nation Land Management Act is in force, Her Majesty in right of Canada shall, as of the effective date of the Agreement, indemnify the Tsawwassen First Nation in respect of lands in the Former Tsawwassen Reserve in the same manner and under the same conditions as would be the case if the First Nations Land Management Act, as it read before the coming into force of the Framework Agreement on First Nation Land Management Act, continued to apply to those lands.

Marginal note:Documents in land registries

25 As of the effective date of the Agreement, registrations or records affecting Tsawwassen Lands that are registered or recorded in a land registry under the Indian Act or the First Nations Land Management Act, as it read before the coming into force of the Framework Agreement on First Nation Land Management Act, have no effect.

2013, c. 20Family Homes on Reserves and Matrimonial Interests or Rights Act

135 Paragraph (b) of the definition interest or right in subsection 2(1) of the Family Homes on Reserves and Matrimonial Interests or Rights Act is replaced by the following:

  • (b) an interest or right in or to reserve land that is subject to any First Nation law as defined in subsection 2(1) of the Framework Agreement on First Nation Land Management Act or to any land code within the meaning of subsection 2(2) of that Act, to any First Nation law enacted under a self-government agreement to which Her Majesty in right of Canada is a party, or to any land governance code adopted, or any Kanesatake Mohawk law enacted, under the Kanesatake Interim Land Base Governance Act; and

136 Subsection 12(2) of the Act is replaced by the following:

  • Marginal note:Framework Agreement on First Nation Land Management Act

    (2) Sections 13 to 52 apply to a First Nation, within the meaning of subsection 2(2) of the Framework Agreement on First Nation Land Management Act, only if

    • (a) on the day on which this subsection comes into force, the land code that the First Nation adopts under the Framework Agreement, as defined in subsection 2(1) of that Act, is not in force; and

    • (b) the First Nation laws that it enacts under section 7 of this Act or subclause 18.3 of that Framework Agreement are not in force.

137 Paragraph 31(2)(b) of the Act is replaced by the following:

  • (b) in the case of a First Nation within the meaning of subsection 2(2) of the Framework Agreement on First Nation Land Management Act, subject to any land code within the meaning of that subsection or First Nation law as defined in subsection 2(1) of that Act, to which the First Nation is subject;

138 Paragraph 36(3)(b) of the Act is replaced by the following:

  • (b) in the case of a First Nation within the meaning of subsection 2(2) of the Framework Agreement on First Nation Land Management Act, subject to any land code within the meaning of that subsection or First Nation law as defined in subsection 2(1) of that Act to which the First Nation is subject;

139 Paragraph 50(a) of the Act is replaced by the following:

140 Section 55 of the Act is replaced by the following:

Marginal note:Subsection 12(2)

55 Subsection 12(2) does not apply to a First Nation that, on the day on which this section comes into force, is a First Nation within the meaning of subsection 2(2) of the Framework Agreement on First Nation Land Management Act for a period of three years after that day.

2014, c. 11Tla’amin Final Agreement Act

141 Sections 10 to 12 of the Tla’amin Final Agreement Act are replaced by the following:

Marginal note:Indian Act

10 Subject to the provisions of Chapter 17 of the Agreement that deal with the continuing application of the Indian Act and to paragraphs 16 to 21 of Chapter 21 of the Agreement, the Indian Act does not apply to the Tla’amin Nation, Tla’amin Citizens, the Tla’amin Government, Tla’amin Public Institutions, Tla’amin Lands or Other Tla’amin Lands as of the effective date of the Agreement, except for the purpose of determining whether an individual is an Indian.

Marginal note:Framework Agreement on First Nation Land Management Act

11 The Framework Agreement on First Nation Land Management Act, the Framework Agreement as defined in subsection 2(1) of that Act and the Sliammon First Nation Land Code — adopted under subsection 6(1) of the First Nations Land Management Act, as it read before the coming into force of the Framework Agreement on First Nation Land Management Act — do not apply to the Tla’amin Nation, Tla’amin Citizens, the Tla’amin Government, Tla’amin Public Institutions or Tla’amin Lands.

142 Section 13 of the Act is replaced by the following:

Marginal note:Indemnification

13 For as long as the Framework Agreement on First Nation Land Management Act is in force, Her Majesty in right of Canada or the Tla’amin Nation, as the case may be, must, as of the effective date of the Agreement, indemnify the other in respect of anything done or omitted to be done in relation to the Former Sliammon Indian Reserves, in the same manner and under the same conditions as would be applicable if the First Nations Land Management Act, as it read before the coming into force of the Framework Agreement on First Nation Land Management Act, continued to apply to the Former Sliammon Indian Reserves.

Repeal

Marginal note:Repeal

143 The First Nations Land Management Act, chapter 24 of the Statutes of Canada, 1999, is repealed.

DIVISION 4R.S., c. G-5Government Employees Compensation Act

144 Subsection 9.2(3) of the Government Employees Compensation Act is replaced by the following:

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