Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)
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Assented to 2012-06-29
PART 4VARIOUS MEASURES
Division 461999, c. 24First Nations Land Management Act
632. Subsection 13(1) of the Act is replaced by the following:
Marginal note:Copy and declaration
13. (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 a declaration that the code and agreement were approved in accordance with section 12; and
(b) as soon as the circumstances permit, a copy of the individual agreement signed by the First Nation and the Minister.
633. The portion of subsection 14(1) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Certification
14. (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 and the Minister a reasonable opportunity to make submissions on the matter but within 10 days after the conclusion of the vote, is of the opinion that
634. Subsection 15(1) of the Act is replaced by the following:
Marginal note:Coming into force
15. (1) Subject to subsection (1.1), a land code comes into force and has the force of law on the day on which it is certified or on any other later date that may be specified in or under 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.
635. Section 21 of the Act is replaced by the following:
Marginal note:Environmental protection regime
21. (1) After the coming into force of a land code, a First Nation shall, to the extent provided in the Framework Agreement, develop and implement through First Nation laws an environmental protection regime. The regime must be developed in accordance with the terms and conditions set out in the Framework Agreement.
Marginal note:Minimum standards
(2) The standards of environmental protection established by First Nation laws and the punishments imposed for failure to meet those standards must be at least equivalent in their effect to any standards established and punishments imposed by the laws of the province in which the First Nation land is situated.
Marginal note:Environmental assessment regime
(3) First Nation laws respecting environmental assessment must, to the extent provided in the Framework Agreement, establish, in accordance with that Agreement, an environmental assessment regime that is applicable to all projects carried out on First Nation land that are approved, regulated, funded or undertaken by the First Nation.
636. Section 45 of the Act is replaced by the following:
Marginal note:Addition of band name
45. (1) The Governor in Council may, by order, add the name of a band to the schedule 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 date of land code
(2) The Minister may, by order, add to the schedule the date on which a land code comes into force with respect to First Nation lands.
Marginal note:Deletion of band name
(3) The Governor in Council may, by order, delete from the schedule the name of a First Nation and 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.
637. The portion of the schedule to the Act before section 1 is replaced by the following:
SCHEDULE(Sections 2 and 45)
NAMES OF FIRST NATIONS AND COMING-INTO-FORCE DATES OF LAND CODES
| Column 1 | Column 2 | |
|---|---|---|
| Item | First Nation that has signed the Framework Agreement | Land code coming-into-force date |
638. Item numbers 1 to 58 of the schedule to the Act are repositioned vertically under the heading “Item” of that schedule and the corresponding First Nations’ names are repositioned vertically under column 1 of that schedule.
639. Item 3 of the schedule to the Act is amended by adding the following in column 2:
| Column 2 | |
|---|---|
| Item | Land code coming-into-force date |
| 3. | November 1, 2000 |
640. Item 7 of the schedule to the Act is amended by adding the following in column 2:
| Column 2 | |
|---|---|
| Item | Land code coming-into-force date |
| 7. | January 1, 2000 |
641. Items 9 to 11 of the schedule to the Act are amended by adding the following in column 2:
| Column 2 | |
|---|---|
| Item | Land code coming-into-force date |
| 9. | August 1, 2002 |
| 10. | July 1, 2003 |
| 11. | January 1, 2000 |
642. Item 13 of the schedule to the Act is amended by adding the following in column 2:
| Column 2 | |
|---|---|
| Item | Land code coming-into-force date |
| 13. | January 1, 2000 |
643. Items 17 to 23 of the schedule to the Act are amended by adding the following in column 2:
| Column 2 | |
|---|---|
| Item | Land code coming-into-force date |
| 17. | January 1, 2004 |
| 18. | February 1, 2005 |
| 19. | August 1, 2009 |
| 20. | March 1, 2009 |
| 21. | October 1, 2011 |
| 22. | August 1, 2003 |
| 23. | May 1, 2004 |
644. Item 25 of the schedule to the Act is amended by adding the following in column 2:
| Column 2 | |
|---|---|
| Item | Land code coming-into-force date |
| 25. | May 29, 2007 |
645. Items 28 to 30 of the schedule to the Act are amended by adding the following in column 2:
| Column 2 | |
|---|---|
| Item | Land code coming-into-force date |
| 28. | September 1, 2005 |
| 29. | June 6, 2007 |
| 30. | September 30, 2004 |
646. Item 34 of the schedule to the Act is repealed.
647. Items 35 to 39 of the schedule to the Act are amended by adding the following in column 2:
| Column 2 | |
|---|---|
| Item | Land code coming-into-force date |
| 35. | November 25, 2005 |
| 36. | May 20, 2003 |
| 37. | January 8, 2007 |
| 38. | February 1, 2007 |
| 39. | February 1, 2010 |
648. Items 41 to 46 of the schedule to the Act are amended by adding the following in column 2:
| Column 2 | |
|---|---|
| Item | Land code coming-into-force date |
| 41. | October 1, 2010 |
| 42. | January 1, 2010 |
| 43. | February 26, 2009 |
| 44. | September 1, 2009 |
| 45. | July 29, 2008 |
| 46. | August 21, 2008 |
649. Items 48 and 49 of the schedule to the Act are amended by adding the following in column 2:
| Column 2 | |
|---|---|
| Item | Land code coming-into-force date |
| 48. | December 7, 2009 |
| 49. | September 6, 2010 |
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