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Framework Agreement on First Nation Land Management Act (S.C. 2022, c. 19, s. 121)

Act current to 2024-05-28

Framework Agreement on First Nation Land Management Act

S.C. 2022, c. 19, s. 121

Assented to 2022-12-15

An Act respecting the Framework Agreement on First Nation Land Management

[Enacted by section 121 of chapter 19 of the Statutes of Canada, 2022, in force on assent December 15, 2022.]
Preamble

Whereas Her Majesty in right of Canada and 13 First Nations signed the Framework Agreement on First Nation Land Management on February 12, 1996 in relation to the management by those First Nations of their lands, and other First Nations have signed the Framework Agreement after that date;

Whereas the First Nations Land Management Act, the purpose of which was to ratify and bring into effect the Framework Agreement, received royal assent on June 17, 1999;

And whereas it is appropriate to enact a new implementation Act to replace the First Nations Land Management Act and to reflect the primacy of the Framework Agreement, while also ensuring the continuity with the previous legal framework;

Now therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Framework Agreement on First Nation Land Management Act.

Interpretation

Marginal note:Definitions

  •  (1) The following definitions apply in this Act.

    First Nation land

    First Nation land means reserve land or lands set aside to which a land code applies. It includes all the interests or land rights in, and resources of, the land that are within the legislative authority of Parliament. (terres de la première nation)

    First Nation law

    First Nation law means a law that is enacted by a First Nation in accordance with the Framework Agreement and the land code of that First Nation. (texte législatif de la première nation)

    Framework Agreement

    Framework Agreement means the Framework Agreement on First Nation Land Management, signed by Her Majesty in right of Canada and 13 First Nations on February 12, 1996 — and signed by other First Nations after that date — as amended from time to time in accordance with its provisions. (accord-cadre)

    Minister

    Minister means the Minister of Crown-Indigenous Relations. (ministre)

    reserve

    reserve has the same meaning as in subsection 2(1) of the Indian Act. (réserve)

  • Marginal note:Definitions in Framework Agreement

    (2) In this Act, First Nation, First Nation Lands Register, interest, land code, land right, Lands Advisory Board and licence have the same meaning as in subclause 1.1 of the Framework Agreement and lands set aside has the same meaning as Lands Set Aside in that subclause 1.1.

Marginal note:Not a treaty

 The Framework Agreement is not a treaty within the meaning of section 35 of the Constitution Act, 1982.

Marginal note:Binding on His Majesty

 This Act is binding on His Majesty in right of Canada.

Framework Agreement

Marginal note:Force of law

  •  (1) The Framework Agreement continues to have effect and has the force of law.

  • Marginal note:Rights and obligations

    (2) For greater certainty, a person or body has the powers, rights, privileges, immunities and benefits conferred on the person or body by the Framework Agreement and must perform the duties, and is subject to the liabilities, imposed on the person or body by the Framework Agreement.

  • Marginal note:Framework Agreement binding

    (3) For greater certainty, the Framework Agreement is binding on, and may be relied on by, all persons and bodies.

Marginal note:Framework Agreement prevails

  •  (1) In the event of any inconsistency or conflict between the Framework Agreement and this Act, the Framework Agreement prevails to the extent of the inconsistency or conflict.

  • Marginal note:Act prevails

    (2) 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:Publication

 The Minister must make available to the public

  • (a) the Framework Agreement that was signed by Her Majesty in right of Canada and 13 First Nations on February 12, 1996 and any amendments made to it; and

  • (b) the most recent consolidated version of the Framework Agreement that has been approved by the Minister and the Lands Advisory Board.

Rights and Obligations of His Majesty in Right of Canada

Marginal note:Transfer

 On the coming into force of the land code of a First Nation, the rights and obligations of His Majesty in right of Canada as grantor in respect of the interests or land rights and the licences described in the First Nation’s individual agreement referred to in clause 6 of the Framework Agreement are transferred to the First Nation in accordance with that individual agreement.

First Nation Lands Register

Marginal note:Register continued

 The First Nation Land Register established by the Minister under section 25 of the First Nations Land Management Act, chapter 24 of the Statutes of Canada, 1999, is continued as the First Nation Lands Register.

Marginal note:Regulations

 The Governor in Council may, on the recommendation of the Minister and in accordance with the Framework Agreement, make regulations respecting the administration of the First Nation Lands Register, the registration of interests or land rights in it and the recording of any other matter in it, including but not limited to regulations respecting

  • (a) the effects of registering interests or land rights, including priorities;

  • (b) the payment of fees for the registration of interests or land rights and for any other service in relation to the Register;

  • (c) the appointment, remuneration, powers, duties and functions of the officers and employees who administer the Register;

  • (d) the keeping, by officers and employees, of documents that are not registrable; and

  • (e) the transfer of the administration of the Register to any person or body and the disclosure of personal information as defined in section 3 of the Privacy Act for that purpose.

General Provisions

Marginal note:Judicial notice

 Judicial notice must be taken of the Framework Agreement, a land code that is in force and any First Nation law.

Marginal note:Notice

  •  (1) If an issue is raised by a party in any judicial or administrative proceeding in respect of the interpretation or validity of a provision of the Framework Agreement, this Act, a land code or a First Nation law, the issue must not be decided until the party has served notice

    • (a) on the Attorney General of Canada and the Lands Advisory Board, in the case of a provision of the Framework Agreement or this Act; or

    • (b) on the First Nation, in the case of a provision of a land code or a First Nation law.

  • Marginal note:Content and timing

    (2) The notice must

    • (a) describe the proceeding;

    • (b) state the subject matter of the issue;

    • (c) state the date on which the issue is to be argued;

    • (d) give the particulars that are necessary to show the point to be argued; and

    • (e) be served at least 30 days before the day on which the issue is to be argued, unless the court or tribunal authorizes a shorter period.

  • Marginal note:Participation in proceedings

    (3) In any proceeding, the recipient of a notice may appear and participate as a party with the same rights as any other party.

  • Marginal note:Clarification

    (4) For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required.

Marginal note:Non-application of Statutory Instruments Act

 The Statutory Instruments Act does not apply in respect of a land code, a First Nation law or an order made under subclause 14.2.1 of the Framework Agreement.

RELATED PROVISIONS

  • — 2022, c. 19, s. 122

    • Definition of former Act
      • 122 (1) In this section and sections 123 and 124, former Act means the First Nations Land Management Act, chapter 24 of the Statutes of Canada, 1999.

      • Other definitions

        (2) In sections 123 and 124, First Nation law, Framework Agreement, individual agreement, interest, land code, licence and right have the same meaning as in subsection 2(1) of the former Act, as it read immediately before the day on which section 143 of this Act comes into force.

  • — 2022, c. 19, s. 123

    • Documents and decisions previously made

      123 Nothing in this Act affects

      • (a) any land codes, individual agreements, First Nation laws or documents, including licences and other authorizations, contracts and other instruments or acts, that were issued, granted, entered into or made in accordance with the former Act or the Framework Agreement and that are in force on the day on which this Act comes into force;

      • (b) any actions taken or decisions made, before the day on which this Act comes into force, in accordance with the former Act or the Framework Agreement, including the registration of an interest or right in the First Nation Land Register, as established under section 25 of the former Act and the establishment of priorities or, in Quebec, rankings among interests or rights that have been registered.

  • — 2022, c. 19, s. 124

    • Reference to former Act

      124 Unless the context otherwise requires, any reference to the former Act, or any provision of that Act, in any land codes, individual agreements, First Nation laws or documents referred to in paragraph 123(a) is to be read as a reference to the Framework Agreement on First Nation Land Management Act or the Framework Agreement, or any relevant provision of that Act or Agreement, as the case may be.


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