First Nations Land Management Act

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.