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

Act current to 2021-02-15 and last amended on 2020-10-19. Previous Versions

Establishment of Land Management Regime (continued)

Land Code and Individual Agreement (continued)

Marginal note:Reserve set apart for more than one First Nation

  •  (1) All of the First Nations for whose use and benefit a reserve has been set apart may, in accordance with the Framework Agreement and this Act, establish a land management regime applicable to all land in the reserve if

    • (a) each of those First Nations has a land code in force;

    • (b) each of those First Nations amends their land code to include

      • (i) a description of the land 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 the land,

      • (ii) uniform rules and procedures for the management of the land, including the matters described in paragraphs 6(1)(b) to (l), and

      • (iii) uniform rules and procedures for the resolution of disputes between the First Nations concerning the management of the land; and

    • (c) the individual agreements between each of those First Nations and the Minister are amended to include a description of the land in the reserve and to provide for the matters described in paragraphs 6(3)(a) to (d) in relation to that land.

  • Marginal note:Coming into force of amendments

    (2) The amendments to the land codes come into force on the first day on which all of the amended individual agreements have been signed by the First Nations and the Minister or on a later date that is agreed to by all of the First Nations and the Minister.

  • Marginal note:Uniformity

    (3) The land codes of the First Nations referred to in subsection (1) shall, to the extent that the land codes apply to the reserve referred to in that subsection, remain uniform.

  • Marginal note:Powers, duties or functions

    (4) Any powers, duties or functions that may be exercised or performed under this Act by a First Nation or its council in relation to a reserve referred to in subsection (1) shall be exercised or performed jointly, in accordance with their land codes, by all of the First Nations for whose use and benefit the reserve has been set apart, by their councils or by a person or body to whom a power, duty or function is delegated by those First Nations.

  • Marginal note:Coming into force of land code

    (5) For the purposes of section 16, subsection 31(2) and sections 34, 38 and 39, as they apply in relation to a reserve referred to in subsection (1), the coming into force of the land code is deemed to be the day on which the amendments to the land codes come into force in accordance with subsection (2).

  • 2018, c. 27, s. 356

Marginal note:Survey not mandatory

 If the Surveyor General prepares or causes to be prepared a description of lands under paragraph 6(1)(a) or 6.01(1)(b), 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.

  • 2012, c. 19, s. 629
  • 2018, c. 27, s. 356

Marginal note:Excluded land

  •  (1) Despite subsections 6(1) and 6.01(1), a portion of a reserve or of a parcel of lands set aside 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 or of a parcel of lands set aside shall 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]

  • 1999, c. 24, s. 7
  • 2007, c. 17, s. 3
  • 2012, c. 19, ss. 630, 652(E)
  • 2018, c. 27, s. 357

Marginal note:Exclusion — boundaries uncertain

  •  (1) Despite subsections 6(1) and 6.01(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 or of the parcel of lands set aside.

  • 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 or of the parcel of lands set aside.

  • 2012, c. 19, s. 631
  • 2018, c. 27, s. 358

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
 
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