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First Nations Land Management Act (S.C. 1999, c. 24)

Act current to 2021-11-17 and last amended on 2021-03-18. Previous Versions

Establishment of Land Management Regime (continued)

Land Code and Individual Agreement (continued)

Marginal note:Inclusion of previously excluded land

 A First Nation shall amend the description of First Nation land in its land code to include a portion of a reserve or of a parcel of lands set aside that was excluded under subsection 7(1) or land that was 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.

  • 2012, c. 19, s. 631
  • 2018, c. 27, s. 359

Verification

Marginal note:Appointment of verifier

  •  (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), unless a ratification officer is appointed under section 8.1; 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 or of a parcel of lands set aside from the application of a land code.

  • 1999, c. 24, s. 8
  • 2012, c. 19, s. 652(E)
  • 2018, c. 27, s. 360

Marginal note:Appointment of ratification officer

 A First Nation may appoint a ratification officer who shall determine whether the conduct of a community approval process is in accordance with the process confirmed under paragraph 8(1)(a).

  • 2018, c. 27, s. 361

Marginal note:Notice of determination

  •  (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.

  • 1999, c. 24, s. 9
  • 2012, c. 19, s. 652(E)

Community Approval and Certification

Marginal note:Submission to members

  •  (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 18 years of age or over and who is a First Nation member, whether or not resident on the land that is subject to the proposed land code, 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, any resolutions made under subsection 12(2), the proposed land code and the individual agreement.

  • Marginal note:Vote using electronic means

    (3.1) The council may conduct a vote by electronic means.

  • 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.

  • 1999, c. 24, s. 10
  • 2007, c. 17, s. 4
  • 2012, c. 19, s. 652(E)
  • 2018, c. 27, s. 362

Marginal note:Publication of notice

  •  (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.

  • 1999, c. 24, s. 11
  • 2012, c. 19, s. 652(E)

Marginal note:Ratification officer

 If a ratification officer is appointed under section 8.1, he or she shall perform the duties and functions of the verifier that are set out in section 11. The ratification officer shall also send the report referred to in subsection 11(3) to the verifier.

  • 2018, c. 27, s. 363

Marginal note:Approval by members

  •  (1) Subject to subsection (2), a proposed land code and an individual agreement that have been submitted for community approval are approved if a majority of eligible voters who participated in the vote voted to approve them.

  • Marginal note:Resolutions

    (2) A council may, by resolution,

    • (a) fix the minimum percentage of eligible voters who are required to participate in a vote in order for the proposed land code and individual agreement to be approved; and

    • (b) fix an approval rate that is greater than what is required by subsection (1).

  • 1999, c. 24, s. 12
  • 2012, c. 19, s. 652(E)
  • 2018, c. 27, s. 363

Marginal note:Copy

  •  (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

    • (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) An eligible voter may, within five days after the conclusion of a vote, report any irregularity in the voting process to the verifier.

  • 1999, c. 24, s. 13
  • 2012, c. 19, s. 632
  • 2018, c. 27, s. 364

Marginal note:Certification

  •  (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 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:Report of ratification officer

    (1.1) If a ratification officer is appointed under section 8.1, the verifier shall certify the validity of the land code only after receiving the ratification officer’s report under section 11.1. The 10-day period referred to in subsection (1) begins after the day on which the verifier receives that report.

  • 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.

  • 1999, c. 24, s. 14
  • 2012, c. 19, ss. 633(E), 652(E)
  • 2018, c. 27, s. 365

Coming into Force of Land Code

Marginal note:Coming into force

  •  (1) Subject to subsection (1.1), a land code comes into force and has the force of law on the day that is specified in 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:Land code accessible to public

    (2) Without delay after the coming into force of the land code of a First Nation or of any amendment to the land code, the First Nation shall publish the land code on its website, if it has one. The First Nation shall also make a copy of it available, on request, to any person.

  • 1999, c. 24, s. 15
  • 2012, c. 19, ss. 634, 652(E)
  • 2018, c. 27, s. 366

Marginal note:Effect

  •  (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.

  • Marginal note:Designations under Indian Act

    (5) The terms of any designations made under the Indian Act before the coming into force of a land code do not restrict the First Nation and the holder of an interest or right in or a licence in relation to First Nation land from modifying that interest, right or licence after the coming into force of the land code.

  • 1999, c. 24, s. 16
  • 2007, c. 17, s. 5
  • 2012, c. 19, s. 652(E)
  • 2018, c. 27, s. 367

 [Repealed, 2018, c. 27, s. 368]

Land Management Regime

First Nation Powers

Marginal note:Power to manage

  •  (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.

  • 1999, c. 24, s. 18
  • 2007, c. 17, s. 7
  • 2012, c. 19, s. 652(E)

Marginal note:Transfer of moneys

  •  (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.

  • 1999, c. 24, s. 19
  • 2012, c. 19, s. 652(E)
  • 2018, c. 27, s. 369

First Nation Laws

Marginal note:Power to enact laws

  •  (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;

    • (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).

  • 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: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.

  • 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: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)

  • 1999, c. 24, s. 20
  • 2007, c. 17, s. 8
  • 2012, c. 19, s. 652(E)
  • 2018, c. 27, s. 370
 
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