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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

Immunity and Judicial Review (continued)

Marginal note:Determinations final

  •  (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.

  • 1999, c. 24, s. 36
  • 2002, c. 8, s. 182
  • 2018, c. 27, s. 377

Other Acts

Marginal note:Other Acts

 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

  •  (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.

  • 1999, c. 24, s. 38
  • 2007, c. 17, s. 17
  • 2012, c. 19, s. 652(E)
  • 2018, c. 27, s. 378

Marginal note:Indian Oil and Gas Act

  •  (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).

  • 1999, c. 24, s. 39
  • 2007, c. 17, s. 18
  • 2012, c. 19, s. 652(E)
  • 2018, c. 27, s. 379

Marginal note:Environmental laws

  •  (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.

  • 1999, c. 24, s. 40
  • 2012, c. 19, s. 652(E)

 [Repealed, 2012, c. 19, s. 58]

Marginal note:Emergencies Act

 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.

  • 1999, c. 24, s. 42
  • 2012, c. 19, s. 652(E)

Marginal note:Acts respecting nuclear energy

  •  (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.

  • 1999, c. 24, ss. 43, 47
  • 2012, c. 19, s. 652(E)

Marginal note:Non-application of Statutory Instruments Act

 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).

  • 1999, c. 24, s. 44
  • 2012, c. 19, s. 652(E)
  • 2019, c. 29, s. 384

Amendment of Schedules

Marginal note:Addition of band name

  •  (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.

  • 1999, c. 24, s. 45
  • 2012, c. 19, s. 636
  • 2018, c. 27, s. 380

Transitional Provisions

Marginal note:Validity

  •  (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.

 
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