Short Title

Marginal note:Short title

1 This Act may be cited as the First Nations Land Management Act.

Interpretation

Marginal note:Definitions

• 2 (1) The definitions in this subsection apply in this Act.

  council

  conseil

  council, in relation to a First Nation, has the same meaning as the expression council of the band in subsection 2(1) of the Indian Act. (conseil)

  eligible voter

  électeur

  eligible voter means a First Nation member who is eligible to vote under subsection 10(2). (électeur)

  First Nation

  première nation

  First Nation means a band named in the schedule. (première nation)

  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. (terres de la première nation)

  First Nation law

  texte législatif

  First Nation law means a law referred to in section 20. (texte législatif)

  First Nation member

  membre de la première nation

  First Nation member means a person whose name appears on the band list of a First Nation or who is entitled to have their name appear on that list. (membre de la première nation)

  Framework Agreement

  accord-cadre

  Framework Agreement means the Framework Agreement on First Nation Land Management concluded between Her Majesty in right of Canada and the First Nations on February 12, 1996, and includes any amendments to the Agreement made pursuant to its provisions. (accord-cadre)

  individual agreement

  accord spécifique

  individual agreement means an agreement with a First Nation entered into under subsection 6(3). (accord spécifique)

  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. (intérêt)

  land code

  code foncier

  land code means a land code of a First Nation referred to in subsection 6(1). (code foncier)

  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. (permis)

  Minister

  ministre

  Minister means the Minister of Indian Affairs and Northern Development. (ministre)

  project

  projet d’exploitation

  project has the same meaning as in subsection 2(1) of the Canadian Environmental Assessment Act. (projet d’exploitation)

  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. (droit)

  Surveyor General

  arpenteur général

  Surveyor General has the same meaning as in subsection 2(1) of the Canada Lands Surveys Act. (arpenteur général)

• Marginal note:Words and expressions in Indian Act

  (2) Unless the context otherwise requires, words and expressions used in this Act have the same meaning as in the Indian Act.

• Marginal note:Not land claims agreement

  (3) For greater certainty, neither the Framework Agreement nor this Act is a land claims agreement referred to in section 35 of the Constitution Act, 1982.

Her Majesty

Marginal note:Binding on Her Majesty

3 This Act is binding on Her Majesty in right of Canada and any reference in this Act to Her Majesty means Her Majesty in right of Canada.

General

Marginal note:Ratification and effect

• 4 (1) The Framework Agreement is hereby ratified and brought into effect in accordance with its provisions.

• Marginal note:Deposit of copies

  (2) The Minister shall cause a copy of the Framework Agreement and of any amendment made to the Agreement, certified by the Minister to be a true copy, to be deposited in the library of the Department of Indian Affairs and Northern Development situated in the National Capital Region and in such regional offices of that Department and other places as the Minister considers advisable.

Marginal note:Title to First Nation land

5 For greater certainty, except for First Nation land exchanged in accordance with section 27,

• (a) title to First Nation land is not affected by the Framework Agreement or this Act;

• (b) First Nation land continues to be set apart for the use and benefit of the First Nation for which it was set apart; and

• (c) First Nation land continues to be land reserved for the Indians within the meaning of Class 24 of section 91 of the Constitution Act, 1867.

Establishment of Land Management Regime

Land Code and Individual Agreement

Marginal note:Adoption of land code

• 6 (1) A First Nation that wishes to establish a land management regime in accordance with the Framework Agreement and this Act shall adopt a land code applicable to all land in a reserve of the First Nation, which land code must include the following matters:

  • (a) a description of the land that is to be subject to the land code that the Surveyor General may prepare or cause to be prepared or any other description that is, in the Surveyor General’s opinion, sufficient to identify those lands;

  • (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;

  • (d) the general rules and procedures respecting revenues from natural resources obtained from First Nation land;

  • (e) the requirements for accountability to First Nation members for the management of First Nation land and moneys derived from First Nation land;

  • (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;

  • (g) the rules that apply to the enactment and publication of First Nation laws;

  • (h) the rules that apply to conflicts of interest in the management of First Nation land;

  • (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;

  • (k) the general rules and procedures for the delegation, by the council of the First Nation, of its authority to manage First Nation land;

  • (l) the procedures that apply to an approval of an exchange of First Nation land; and

  • (m) the procedures for amending the land code.

• Marginal note:Land management regime

  (2) For greater certainty, if more than one reserve has been set apart for the use and benefit of a First Nation, the First Nation may establish a land management regime for any or all of its reserves.

• Marginal note:Individual agreement

  (3) A First Nation that wishes to establish a land management regime shall, in accordance with the Framework Agreement, enter into an individual agreement with the Minister describing the land that will be subject to the land code and providing for

  • (a) the terms of the transfer of administration of that land;

  • (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;

  • (c) the environmental assessment process that will apply to projects on that land until the enactment of First Nation laws in relation to that subject; and

  • (d) any other relevant matter.

Marginal note:Survey not mandatory

6.1 If the Surveyor General prepares or causes to be prepared a description of lands under paragraph 6(1)(a), the Surveyor General may, if he or she considers it appropriate, survey or have those lands surveyed in accordance with the Canada Lands Surveys Act.

Marginal note:Excluded land

• 7 (1) Despite subsection 6(1), a portion of a reserve may be excluded from the application of a land code if

  • (a) it is in an environmentally unsound condition that cannot be remedied by measures that are technically and financially feasible before the date that the land code is to be submitted for community approval under subsection 10(1);

  • (b) it is the subject of litigation that is unlikely to be resolved before the date referred to in paragraph (a);

  • (c) it is uninhabitable or unusable as a result of a natural disaster; or

  • (d) the First Nation and the Minister agree that, for any other reason, its exclusion is justifiable.

• Marginal note:Condition

  (2) A portion of a reserve may not be excluded from a land code if the exclusion would have the effect of placing the administration of a lease, other interest or a right in that land in more than one land management regime.

• (3) [Repealed, 2012, c. 19, s. 630]

Marginal note:Exclusion — boundaries of reserve uncertain

• 7.1 (1) Despite subsection 6(1), land may be excluded from the application of a land code if it is uncertain whether the land is located within the boundaries of the reserve.

• Marginal note:Land subject to lease, other interest or right

  (2) If the exclusion of the land would have the effect of placing the administration of a lease, other interest or a right in that land in more than one land management regime, then all the land that is subject to that lease, other interest or right shall be excluded from the application of the land code.

• Marginal note:Limitation — effects of exclusion

  (3) The exclusion of the land does not preclude the First Nation or Her Majesty from asserting in an action, a lawsuit or other proceeding that the land is part of the reserve.

Marginal note:Inclusion of previously excluded land

7.2 A First Nation shall amend the description of First Nation land in its land code to include a portion of a reserve excluded under subsection 7(1) or land excluded under subsection 7.1(1) if the First Nation and the Minister agree that the condition that justified the exclusion no longer exists, and the individual agreement shall be amended accordingly.

Verification

Marginal note:Appointment of verifier

• 8 (1) The Minister and a First Nation shall jointly appoint a verifier, to be chosen from a list established in accordance with the Framework Agreement, who shall

  • (a) determine whether a proposed land code and the proposed process for the approval of the land code and an individual agreement are in accordance with the Framework Agreement and this Act and, if they are in accordance, confirm them;

  • (b) determine whether the conduct of a community approval process is in accordance with the process confirmed under paragraph (a); and

  • (c) certify the validity of a land code that has been approved in accordance with the Framework Agreement and this Act.

• Marginal note:Disputes

  (2) The verifier shall determine any dispute arising between a First Nation and the Minister before a land code comes into force regarding the terms of the transfer of administration of land or the exclusion of a portion of a reserve from the application of a land code.

Marginal note:Notice of determination

• 9 (1) The verifier shall, within thirty days after receiving a First Nation’s documents, as required by the Framework Agreement, make a determination under paragraph 8(1)(a) and give notice of the determination to the First Nation and the Minister.

• Marginal note:Reasons

  (2) If the verifier determines that a proposed land code or a proposed community approval process is not in accordance with the Framework Agreement or this Act, the verifier shall give written reasons to the First Nation and the Minister.

Community Approval and Certification

Marginal note:Submission to members

• 10 (1) If the verifier determines that a proposed land code and a proposed community approval process of a First Nation are in accordance with the Framework Agreement and this Act, the council of the First Nation may submit the proposed land code and the individual agreement to the First Nation members for their approval.

• Marginal note:Eligibility to vote

  (2) Every person who is eighteen years of age or over and a First Nation member, whether or not resident on the reserve of the First Nation, is eligible to vote in the community approval process.

• Marginal note:Information to be provided

  (3) The council shall, before proceeding to obtain community approval, take reasonable measures, such as those described in the Framework Agreement, to locate voters and inform them of their right to vote, the means of exercising that right and the content of the Framework Agreement, this Act, the proposed land code and the individual agreement.

• Marginal note:Third parties

  (4) If other persons have an interest or right in the land that is to be subject to the proposed land code, the council shall, within a reasonable time before the vote, take appropriate measures to inform those persons of the proposed land code, this Act and the date of the vote.

Marginal note:Publication of notice

• 11 (1) The verifier shall publish a notice of the date, time and place of a vote.

• Marginal note:Role of the verifier

  (2) The verifier, and any assistants that the verifier may appoint, shall observe the conduct of a vote.

• Marginal note:Report

  (3) Within fifteen days after the conclusion of a vote, the verifier shall send to the First Nation and the Minister the verifier’s report on the conduct of the vote.

Marginal note:Approval by members

• 12 (1) A proposed land code and an individual agreement that have been submitted for community approval are approved if

  • (a) a majority of eligible voters participated in the vote and a majority of those voters voted to approve them;

  • (b) all those eligible voters who signified, in a manner determined by the First Nation, their intention to vote have been registered and a majority of the registered voters voted to approve them; or

  • (c) they are approved by the community in any other manner agreed on by the First Nation and the Minister.

• Marginal note:Minimum participation

  (2) Notwithstanding subsection (1), a proposed land code and an individual agreement are not approved unless more than twenty-five per cent of the eligible voters voted to approve them.

• Marginal note:Increased percentage

  (3) A council may, by resolution, increase the percentage of votes required under subsection (2).

Marginal note:Copy and declaration

• 13 (1) If a First Nation votes to approve a land code and an individual agreement, its council shall, after the conclusion of the vote, send to the verifier

  • (a) without delay, a copy of the approved code and a declaration that the code and agreement were approved in accordance with section 12; and

  • (b) as soon as the circumstances permit, a copy of the individual agreement signed by the First Nation and the Minister.

• Marginal note:Report of irregularity

  (2) The Minister or an eligible voter may, within five days after the conclusion of a vote, report any irregularity in the voting process to the verifier.

Marginal note:Certification

• 14 (1) The verifier shall, after receiving the documents referred to in subsection 13(1), certify the validity of the land code unless the verifier, after giving the First Nation and the Minister a reasonable opportunity to make submissions on the matter but within 10 days after the conclusion of the vote, is of the opinion that

  • (a) the community approval process confirmed under paragraph 8(1)(a) was not followed or the community approval was otherwise irregular; and

  • (b) the land code might not have been approved but for that irregularity.

• Marginal note:Transmittal

  (2) The verifier shall, without delay, send a copy of the certified land code to the First Nation and the Minister.

• Marginal note:Presumption

  (3) A certified land code is deemed to have been validly approved by the First Nation.

Coming into Force of Land Code

Marginal note:Coming into force

• 15 (1) Subject to subsection (1.1), a land code comes into force and has the force of law on the day on which it is certified or on any other later date that may be specified in or under the land code, and judicial notice shall be taken of the land code in any proceedings from the date of the coming into force of that land code.

• Marginal note:Limitation

  (1.1) A land code is not to come into force before the day on which the individual agreement is signed by the First Nation and the Minister.

• Marginal note:Access to land code

  (2) A copy of the land code of a First Nation shall be maintained by the council for public inspection at a place designated by the council.

Marginal note:Effect

• 16 (1) After the coming into force of a land code, no interest or right in or licence in relation to First Nation land may be acquired or granted except in accordance with the land code of the First Nation.

• Marginal note:Interests or rights of third parties

  (2) Subject to subsections (3) and (4), interests or rights in and licences in relation to First Nation land that exist on the coming into force of a land code continue in accordance with their terms and conditions.

• Marginal note:Transfer of rights of Her Majesty

  (3) On the coming into force of the land code of a First Nation, the rights and obligations of Her Majesty as grantor in respect of the interests or rights and the licences described in the First Nation’s individual agreement are transferred to the First Nation in accordance with that agreement.

• Marginal note:Interests and rights of First Nation members

  (4) Interests or rights in First Nation land held on the coming into force of a land code by First Nation members pursuant to allotments under subsection 20(1) of the Indian Act or pursuant to the custom of the First Nation are subject to the provisions of the land code governing the transfer and lease of interests or rights in First Nation land and sharing in natural resource revenues.

Rules on Breakdown of Marriage

Marginal note:Obligation of First Nation

• 17 (1) A First Nation shall, in accordance with the Framework Agreement and following the community consultation process provided for in its land code, establish general rules and procedures, in cases of breakdown of marriage, respecting the use, occupation and possession of First Nation land and the division of interests or rights in First Nation land.

• Marginal note:Establishment of rules and procedures

  (2) The First Nation shall, within twelve months after its land code comes into force, incorporate the general rules and procedures into its land code or enact a First Nation law containing the general rules and procedures.

• Marginal note:Disputes

  (3) The First Nation or the Minister may refer any dispute relating to the establishment of the general rules and procedures to an arbitrator in accordance with the Framework Agreement.

Land Management Regime

First Nation Powers

Marginal note:Power to manage

• 18 (1) A First Nation has, after the coming into force of its land code and subject to the Framework Agreement and this Act, the power to manage First Nation land and, in particular, may

  • (a) exercise the powers, rights and privileges of an owner in relation to that land;

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

  • (c) manage the natural resources of that land; and

  • (d) receive and use all moneys acquired by or on behalf of the First Nation under its land code.

• Marginal note:Legal capacity

  (2) For any purpose related to First Nation land, a First Nation has the legal capacity necessary to exercise its powers and perform its duties and functions and, in particular, may

  • (a) acquire and hold property;

  • (b) enter into contracts;

  • (c) borrow money;

  • (d) expend and invest money; and

  • (e) be a party to legal proceedings.

• Marginal note:Exercise of power

  (3) The power of a First Nation to manage First Nation land shall be exercised by the council of a First Nation, or by any person or body to whom a power is delegated by the council in accordance with the First Nation’s land code, and that power shall be exercised for the use and benefit of the First Nation.

• Marginal note:Management body

  (4) A body established to manage First Nation land is a legal entity having the capacity, rights, powers and privileges of a natural person.

Marginal note:Transfer of moneys

19 On the coming into force of the land code of a First Nation, all revenue moneys collected, received or 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.

First Nation Laws

Marginal note:Power to enact laws

• 20 (1) The council of a First Nation has, in accordance with its land code, the power to enact laws respecting

  • (a) interests or rights in and licences in relation to First Nation land;

  • (b) the development, conservation, protection, management, use and possession of First Nation land; and

  • (c) any matter arising out of or ancillary to the exercise of that power.

• Marginal note:Particular powers

  (2) Without restricting the generality of subsection (1), First Nation laws may include laws respecting

  • (a) the regulation, control or prohibition of land use and development including zoning and subdivision control;

  • (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;

  • (c) environmental assessment and environmental protection;

  • (d) the provision of local services in relation to First Nation land and the imposition of equitable user charges for those services; and

  • (e) the provision of services for the resolution of disputes in relation to First Nation land.

• Marginal note:Enforcement measures

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

• Marginal note:Inconsistency

  (4) In the event of any inconsistency or conflict between the land code of a First Nation and the provisions of a First Nation law or of a by-law made by its council under section 81 of the Indian Act, the land code prevails to the extent of the inconsistency or conflict.

Marginal note:Environmental protection regime

• 21 (1) After the coming into force of a land code, a First Nation shall, to the extent provided in the Framework Agreement, develop and implement through First Nation laws an environmental protection regime. The regime must be developed in accordance with the terms and conditions set out in the Framework Agreement.

• Marginal note:Minimum standards

  (2) The standards of environmental protection established by First Nation laws and the punishments imposed for failure to meet those standards must be at least equivalent in their effect to any standards established and punishments imposed by the laws of the province in which the First Nation land is situated.

• Marginal note:Environmental assessment regime

  (3) First Nation laws respecting environmental assessment must, to the extent provided in the Framework Agreement, establish, in accordance with that Agreement, an environmental assessment regime that is applicable to all projects carried out on First Nation land that are approved, regulated, funded or undertaken by the First Nation.

Marginal note:Offences and punishment

• 22 (1) A First Nation law may create offences punishable on summary conviction and provide for the imposition of fines, imprisonment, restitution, community service and any other means for achieving compliance.

• Marginal note:Incorporation by reference

  (2) A First Nation law may adopt or incorporate by reference the summary conviction procedures of Part XXVII of the Criminal Code, as amended from time to time.

• Marginal note:Prosecution

  (3) A First Nation may, in relation to prosecutions of contraventions of First Nation laws,

  • (a) retain its own prosecutors;

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

  • (c) enter into an agreement with Her Majesty for the use of agents engaged by Her Majesty.

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 is, without proof of the officer’s signature or official character, evidence of its enactment on the date specified in the law.

Marginal note:Appointment of justices of the peace

• 24 (1) A First Nation or, if Her Majesty and the First Nation have entered into an agreement for that purpose in accordance with the Framework Agreement, the Governor in Council, may appoint justices of the peace to ensure the enforcement of First Nation laws including the adjudication of offences for contraventions of First Nation laws.

• Marginal note:Judicial independence

  (2) A justice of the peace appointed for a First Nation shall have tenure and remuneration, and be subject to conditions of removal, that reflect the independence of the office of justice of the peace in the province in which the First Nation land is situated.

• Marginal note:Powers

  (3) Justices of the peace have all the powers necessary for the performance of their duties and functions.

• Marginal note:Appeals

  (4) An appeal lies from a decision of a justice of the peace in the manner in which an appeal lies in summary conviction proceedings under Part XXVII of the Criminal Code and the provisions of that Part relating to appeals apply to appeals under this section.

• Marginal note:Courts of a province

  (5) If no justices of the peace are appointed for a First Nation, its First Nation laws shall be enforced through a court of competent jurisdiction of the province in which its First Nation land is situated.

First Nation Land Register

Marginal note:Establishment

• 25 (1) The Minister shall establish a register to be known as the First Nation Land Register.

• Marginal note:Administration of Register

  (2) The First Nation Land Register is to be administered, subject to this section, in the same manner as the Reserve Land Register established under the Indian Act.

• 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;

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

  • (c) the appointment, remuneration, powers, functions and duties of officers and employees who administer the Register; and

  • (d) the keeping, by officers and employees, of documents that are not registrable.

Limitations on Alienation of First Nation Land

Marginal note:Alienation of land

• 26 (1) First Nation land may not be alienated except where it is exchanged for other land in accordance with the Framework Agreement and this Act.

• Marginal note:Expropriation

  (2) Interests or rights in First Nation land may not be expropriated except by Her Majesty or a First Nation in accordance with the Framework Agreement and this Act.

Marginal note:Restrictions on exchange

• 27 (1) A First Nation may exchange First Nation land only if

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

  • (b) the Minister has approved the form of the exchange.

• Marginal note:Additional compensation

  (2) In addition to land referred to in subsection (1), other compensation may be provided including land that will not become First Nation land.

• Marginal note:Terms and conditions

  (3) An exchange of First Nation land may be made subject to other terms and conditions.

• Marginal note:Community approval

  (4) The exchange of First Nation land must be approved by First Nation members in accordance with the land code of the First Nation and must be completed in accordance with the Framework Agreement.

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.

• 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.

• 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.

• Marginal note:Resolution of disputes

  (6) Any dispute concerning compensation shall be determined according to the system for the resolution of such disputes established by a First Nation in accordance with the Framework Agreement.

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.

• Marginal note:Consent of Governor in Council

  (2) The Governor in Council may consent to an expropriation only if it is justifiable and necessary for a federal public purpose that serves the national interest.

• Marginal note:Matters to be considered

  (3) The Governor in Council may consent to an expropriation only if the Governor in Council is satisfied that, in addition to any other legal requirements that may apply, the following requirements have been met:

  • (a) there is no other reasonably feasible alternative to the expropriation, such as the use of land that is not First Nation land;

  • (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

  • (d) information relevant to the expropriation is provided to the First Nation.

• Marginal note:Report to be made public

  (4) Before the Governor in Council consents to the expropriation, the department or agency referred to in subsection (1) shall provide to the First Nation, and make available to the public, a report stating the justifications for the expropriation and describing the steps taken to satisfy the requirements of subsection (3).

• Marginal note:Disputes

  (5) If a First Nation objects to a proposed expropriation, it may, within sixty days after the report has been made public, refer the matter to a neutral evaluator in accordance with the Framework Agreement.

• Marginal note:Time of consent

  (6) The Governor in Council may not consent to the expropriation before the expiration of the period referred to in subsection (5) or, if the First Nation has referred the matter to a neutral evaluator, before the neutral evaluator has reported on the matter.

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,

• (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

• (b) the First Nation continues to have the right to use and occupy that land except to the extent that the use and occupation is inconsistent with the expropriation.

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

  • (a) land that, when accepted by that First Nation, will become First Nation land; and

  • (b) any additional compensation required to achieve the total compensation determined under subsection (3).

• 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.

• Marginal note:Determination of compensation

  (3) The total compensation shall be determined taking into account the following factors:

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

  • (b) the replacement value of any improvement to the land;

  • (c) any expenses or losses resulting from a disturbance attributable to the expropriation;

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

  • (e) any adverse effect on any cultural or other special value of the land to the First Nation; and

  • (f) the value of any special economic advantage arising out of or incidental to the occupation or use of the land to the extent that that value is not otherwise compensated.

• Marginal note:Interest

  (4) Interest is payable on compensation from the effective date of an expropriation at the prejudgment interest rate that is paid in civil proceedings in the superior court of the province in which the land is situated.

• Marginal note:Dispute

  (5) If an agreement on compensation cannot be reached, the First Nation or the expropriating department or agency may refer the matter to an arbitrator in accordance with the Framework Agreement.

• 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.

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.

• 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.

Marginal note:Expropriation Act

33 Without limiting the generality of section 37, in the event of any inconsistency or conflict between this Act and the Expropriation Act in relation to the expropriation of interests or rights in First Nation land by Her Majesty, this Act prevails to the extent of the inconsistency or conflict.

Liability

Marginal note:First Nation not liable

• 34 (1) A First Nation is not liable in respect of anything done or omitted to be done before the coming into force of its land code by Her Majesty or any person or body authorized by Her Majesty to act in relation to First Nation land.

• 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 after the coming into force of the land code of a First Nation by the First Nation or any person or body authorized by the First Nation to act in relation to First Nation land.

• 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).

Immunity and Judicial Review

Marginal note:Immunity

35 No criminal or civil proceedings lie against an arbitrator, mediator, neutral evaluator or verifier 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 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 or arbitrator or any action under the Framework Agreement by a neutral evaluator.

• Marginal note:Review by Federal Court

  (3) Notwithstanding 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, 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.

Other Acts

Marginal note:Other Acts

37 In the event of any inconsistency or conflict between this Act and any other federal law, this Act prevails to the extent of the inconsistency or conflict.

Marginal note:Indian Act

• 38 (1) On the coming into force of the land code of a First Nation, the following cease to apply to the First Nation, First Nation members and First Nation land:

  • (a) sections 18 to 20, 22 to 28, 30 to 35, 37 to 41 and 49, subsection 50(4) and sections 53 to 60, 66, 69, 71 and 93 of the Indian Act;

  • (b) any regulations made under section 57 of that Act; and

  • (c) to the extent of any inconsistency or conflict with the Framework Agreement, the land code or First Nation laws, any regulations made under sections 42 and 73 of that Act.

• Marginal note:Leasehold interests or leases

  (2) Subsection 89(1.1) of the Indian Act continues to apply to leasehold interests or leases in any First Nation land that was designated land on the coming into force of a First Nation’s land code.

• 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 First Nation land.

Marginal note:Indian Oil and Gas Act

• 39 (1) The Indian Oil and Gas Act

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

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

• 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, notwithstanding any other provision of this Act, in respect of First Nation land referred to in subsection (1).

Marginal note:Environmental laws

• 40 (1) For greater certainty, in the event of any inconsistency or conflict between a land code or a First Nation law and any federal law that relates to environmental protection, the federal law prevails to the extent of the inconsistency or conflict.

• Marginal note:Migratory birds, endangered species, fisheries

  (2) For greater certainty, this Act does not extend or limit any right or power in relation to migratory birds, endangered species or fisheries.

41 [Repealed, 2012, c. 19, s. 58]

Marginal note:Emergencies Act

42 The Emergencies Act continues to apply to First Nation land except that any appropriation, requisition or use of First Nation land required under that Act must be expressly authorized by order of the Governor in Council.

Marginal note:Acts respecting nuclear energy

• 43 (1) Subject to subsection (2), nothing in this Act limits the application of the Nuclear Safety and Control Act and the Nuclear Energy Act to First Nation lands.

• Marginal note:Expropriation provisions

  (2) In the event of any inconsistency or conflict between the provisions of this Act relating to expropriation and the Nuclear Energy Act, the provisions of this Act prevail to the extent of the inconsistency or conflict.

Marginal note:Non-application of Statutory Instruments Act

44 The Statutory Instruments Act does not apply in respect of a land code or First Nation laws.

Amendment of Schedule

Marginal note:Addition of band name

• 45 (1) The Governor in Council may, by order, add the name of a band to the schedule 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 date of land code

  (2) The Minister may, by order, add to the schedule the date on which a land code comes into force with respect to First Nation lands.

• Marginal note:Deletion of band name

  (3) The Governor in Council may, by order, delete from the schedule the name of a First Nation and 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.

Transitional Provision

Marginal note:Validity

• 46 (1) Any action taken or determination or decision made under the Framework Agreement before the coming into force of sections 6 to 14, 35 and 36 is deemed, to the extent that it would have been valid under those sections, to have been validly taken or made under this Act.

• Marginal note:Coming into force of land code

  (2) Notwithstanding subsection (1), a land code may not come into force before the coming into force of this section.

Conditional Amendment

47 [Amendment]

Coming into Force

Marginal note:Order of Governor in Council

Footnote ^*48 Section 45 comes into force on a day to be fixed by order of the Governor in Council after the completion of a review of the Framework Agreement in accordance with its provisions and any consultations that the Governor in Council may require.

• Return to footnote ^*[Note: Section 45 in force May 20, 2003, see SI/2003-108.]