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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)

Community Approval and Certification (continued)

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)
 
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