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Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)

Assented to 2012-06-29

PART 4VARIOUS MEASURES

Division 461999, c. 24First Nations Land Management Act

 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.

 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

 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.

 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.

 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.

 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 1Column 2
ItemFirst Nation that has signed the Framework AgreementLand code coming-into-force date

 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.

 Item 3 of the schedule to the Act is amended by adding the following in column 2:

Column 2
ItemLand code coming-into-force date
3.November 1, 2000

 Item 7 of the schedule to the Act is amended by adding the following in column 2:

Column 2
ItemLand code coming-into-force date
7.January 1, 2000

 Items 9 to 11 of the schedule to the Act are amended by adding the following in column 2:

Column 2
ItemLand code coming-into-force date
9.August 1, 2002
10.July 1, 2003
11.January 1, 2000

 Item 13 of the schedule to the Act is amended by adding the following in column 2:

Column 2
ItemLand code coming-into-force date
13.January 1, 2000

 Items 17 to 23 of the schedule to the Act are amended by adding the following in column 2:

Column 2
ItemLand 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

 Item 25 of the schedule to the Act is amended by adding the following in column 2:

Column 2
ItemLand code coming-into-force date
25.May 29, 2007

 Items 28 to 30 of the schedule to the Act are amended by adding the following in column 2:

Column 2
ItemLand code coming-into-force date
28.September 1, 2005
29.June 6, 2007
30.September 30, 2004

 Item 34 of the schedule to the Act is repealed.

 Items 35 to 39 of the schedule to the Act are amended by adding the following in column 2:

Column 2
ItemLand 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

 Items 41 to 46 of the schedule to the Act are amended by adding the following in column 2:

Column 2
ItemLand 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

 Items 48 and 49 of the schedule to the Act are amended by adding the following in column 2:

Column 2
ItemLand code coming-into-force date
48.December 7, 2009
49.September 6, 2010
 

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