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

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 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 or in the lands set aside for 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, verifier or ratification officer 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, ratification officer 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, ratification officer or arbitrator or any action under the Framework Agreement by a neutral evaluator.

• Marginal note:Review by Federal Court

  (3) Despite 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, ratification officer, 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;

  • (a.1) sections 61 to 65, 67 and 68 of that Act, other than in respect of moneys collected, received or held by Her Majesty under that Act for the use and benefit of an individual;

  • (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:Non-application

  (1.1) If the individual agreement between a First Nation and the Minister is amended to provide for the transfer of capital moneys in accordance with subsection 46.1(1), then sections 61 to 65, 67 and 68 of the Indian Act cease to apply to the First Nation, First Nation members and First Nation land, other than in respect of moneys collected, received or held by Her Majesty under that Act for the use and benefit of an individual.

• 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 reserve land to which a land code applies.

Marginal note:Indian Oil and Gas Act

• 39 (1) The Indian Oil and Gas Act

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

  • (b) applies in respect of an interest or right in reserve land to which a land code applies that is granted to Her Majesty for the exploitation of oil and gas under the 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, despite any other provision of this Act, in respect of reserve 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, First Nation laws or an order made under subsection 25.1(1).

Amendment of Schedules

Marginal note:Addition of band name

• 45 (1) The Minister may, by order, add the name of a band to Schedule 1 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 of land code

  (2) The Minister may, by order, add to Schedule 2 the name of a First Nation that has a land code in force and the date on which the land code comes into force with respect to First Nation land.

• Marginal note:Amendment

  (3) The Minister may, by order, amend Schedule 1 or 2 to amend the name of a First Nation.

• Marginal note:Deletion

  (4) The Minister may, by order, delete from Schedule 1 or 2 the name of a First Nation and delete from Schedule 2 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 Provisions

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.

Marginal note:Transfer of capital moneys

• 46.1 (1) If a First Nation’s land code comes into force before the day on which this section comes into force, all 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 if the individual agreement between the First Nation and the Minister is amended to provide for it. All 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:Duty to inform members

  (2) The council of the First Nation shall, at least 30 days before the individual agreement is amended, inform the First Nation members of the council’s intention to amend the individual agreement and of the amount of capital moneys held by Her Majesty for the use and benefit of the First Nation or its First Nation members.