Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)
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Assented to 2018-12-13
PART 4Various Measures (continued)
DIVISION 10Financial Consumer Protection Framework (continued)
2001, c. 9Financial Consumer Agency of Canada Act (continued)
349 Section 33.1 of the Act is replaced by the following:
Marginal note:Not compellable
33.1 The Commissioner, Deputy Commissioner, any officer or employee of the Agency or any person acting under the instructions of the Commissioner is not a compellable witness in any civil proceedings in respect of any matter coming to their knowledge as a result of exercising any of their powers or performing any of their duties or functions under this Act or the Acts listed in Schedule 1.
350 Schedule 1 to the Act is amended by replacing the references after the heading “SCHEDULE 1” with the following:
Coming into Force
Marginal note:Order in council
351 (1) Subject to subsection (2), the provisions of this Division come into force on a day or days to be fixed by order of the Governor in Council, but the day to be fixed for subsection 342(2) must not be before April 11, 2019.
Marginal note:April 10, 2019
(2) Subsection 336(1), sections 339 to 341, subsection 342(1) and sections 343, 348 and 349 come into force on April 10, 2019.
DIVISION 111999, c. 24First Nations Land Management Act
Amendments to the Act
352 (1) The second paragraph of the preamble to the English version of the First Nations Land Management Act is replaced by the following:
WHEREAS the ratification of the Agreement by Her Majesty requires the enactment of an Act of Parliament;
(2) The preamble to the Act is amended by adding the following after the second paragraph:
AND WHEREAS the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples;
353 (1) The definitions First Nation and First Nation land in subsection 2(1) of the Act are replaced by the following:
- First Nation
First Nation means a band named in Schedule 1. (première nation)
- 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 rights in, and resources of, the land that are within the legislative authority of Parliament. (terres de la première nation)
(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
- lands set aside
lands set aside means land in Yukon that is reserved or set aside by notation in the property records of the Department of Indian Affairs and Northern Development for the use of Indigenous peoples in Yukon. (terres mises de côté)
354 (1) Paragraphs 5(b) and (c) of the Act are replaced by the following:
(b) reserve land to which a land code applies continues to be set apart for the use and benefit of the First Nation for which it was set apart; and
(c) reserve land to which a land code applies continues to be land reserved for the Indians within the meaning of Class 24 of section 91 of the Constitution Act, 1867.
(2) The Act is amended by adding the following after section 5:
Marginal note:Lands set aside
5.1 For greater certainty, lands set aside to which a land code applies are not a reserve.
355 (1) The portion of subsection 6(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Adoption of land code
6 (1) A First Nation that wishes to establish a land management regime in accordance with the Framework Agreement and this Act shall adopt a land code applicable to all land in a reserve of, or in a parcel of lands set aside for, the First Nation and that land code shall include the following matters:
(2) Paragraph 6(1)(f) of the Act is repealed.
(3) Subsection 6(1) of the Act is amended by striking out “and” at the end of paragraph (l) and by replacing paragraph (m) with the following:
(m) the day on which the land code will come into force, which may be the day on which the validity of the land code is certified or a later day that is within six months after that day; and
(n) the procedures for amending the land code.
(4) Subsection 6(2) of the Act is replaced by the following:
Marginal note:For greater certainty
(2) For greater certainty, a First Nation may establish a land management regime for any or all of its reserves or parcels of lands set aside.
356 Section 6.1 of the Act is replaced by the following:
Marginal note:Reserve set apart for more than one First Nation
6.01 (1) All of the First Nations for whose use and benefit a reserve has been set apart may, in accordance with the Framework Agreement and this Act, establish a land management regime applicable to all land in the reserve if
(a) each of those First Nations has a land code in force;
(b) each of those First Nations amends their land code to include
(i) a description of the land that the Surveyor General may prepare or cause to be prepared or any other description that is, in the Surveyor General’s opinion, sufficient to identify the land,
(ii) uniform rules and procedures for the management of the land, including the matters described in paragraphs 6(1)(b) to (l), and
(iii) uniform rules and procedures for the resolution of disputes between the First Nations concerning the management of the land; and
(c) the individual agreements between each of those First Nations and the Minister are amended to include a description of the land in the reserve and to provide for the matters described in paragraphs 6(3)(a) to (d) in relation to that land.
Marginal note:Coming into force of amendments
(2) The amendments to the land codes come into force on the first day on which all of the amended individual agreements have been signed by the First Nations and the Minister or on a later date that is agreed to by all of the First Nations and the Minister.
Marginal note:Uniformity
(3) The land codes of the First Nations referred to in subsection (1) shall, to the extent that the land codes apply to the reserve referred to in that subsection, remain uniform.
Marginal note:Powers, duties or functions
(4) Any powers, duties or functions that may be exercised or performed under this Act by a First Nation or its council in relation to a reserve referred to in subsection (1) shall be exercised or performed jointly, in accordance with their land codes, by all of the First Nations for whose use and benefit the reserve has been set apart, by their councils or by a person or body to whom a power, duty or function is delegated by those First Nations.
Marginal note:Coming into force of land code
(5) For the purposes of section 16, subsection 31(2) and sections 34, 38 and 39, as they apply in relation to a reserve referred to in subsection (1), the coming into force of the land code is deemed to be the day on which the amendments to the land codes come into force in accordance with subsection (2).
Marginal note:Survey not mandatory
6.1 If the Surveyor General prepares or causes to be prepared a description of lands under paragraph 6(1)(a) or 6.01(1)(b), the Surveyor General may, if he or she considers it appropriate, survey or have those lands surveyed in accordance with the Canada Lands Surveys Act.
357 (1) The portion of subsection 7(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Excluded land
7 (1) Despite subsections 6(1) and 6.01(1), a portion of a reserve or of a parcel of lands set aside may be excluded from the application of a land code if
(2) Subsection 7(2) of the English version of the Act is replaced by the following:
Marginal note:Condition
(2) A portion of a reserve or of a parcel of lands set aside shall not be excluded from a land code if the exclusion would have the effect of placing the administration of a lease, other interest or a right in that land in more than one land management regime.
358 (1) Subsection 7.1(1) of the Act is replaced by the following:
Marginal note:Exclusion — boundaries uncertain
7.1 (1) Despite subsections 6(1) and 6.01(1), land may be excluded from the application of a land code if it is uncertain whether the land is located within the boundaries of the reserve or of the parcel of lands set aside.
(2) Subsection 7.1(3) of the Act is replaced by the following:
Marginal note:Limitation — effects of exclusion
(3) The exclusion of the land does not preclude the First Nation or Her Majesty from asserting in an action, a lawsuit or other proceeding that the land is part of the reserve or of the parcel of lands set aside.
359 Section 7.2 of the Act is replaced by the following:
Marginal note:Inclusion of previously excluded land
7.2 A First Nation shall amend the description of First Nation land in its land code to include a portion of a reserve or of a parcel of lands set aside that was excluded under subsection 7(1) or land that was excluded under subsection 7.1(1) if the First Nation and the Minister agree that the condition that justified the exclusion no longer exists, and the individual agreement shall be amended accordingly.
360 (1) Paragraph 8(1)(b) of the Act is replaced by the following:
(b) determine whether the conduct of a community approval process is in accordance with the process confirmed under paragraph (a), unless a ratification officer is appointed under section 8.1; and
(2) Subsection 8(2) of the Act is replaced by the following:
Marginal note:Disputes
(2) The verifier shall determine any dispute arising between a First Nation and the Minister before a land code comes into force regarding the terms of the transfer of administration of land or the exclusion of a portion of a reserve or of a parcel of lands set aside from the application of a land code.
361 The Act is amended by adding the following after section 8:
Marginal note:Appointment of ratification officer
8.1 A First Nation may appoint a ratification officer who shall determine whether the conduct of a community approval process is in accordance with the process confirmed under paragraph 8(1)(a).
362 Subsections 10(2) and (3) of the Act are replaced by the following:
Marginal note:Eligibility to vote
(2) Every person who is 18 years of age or over and who is a First Nation member, whether or not resident on the land that is subject to the proposed land code, is eligible to vote in the community approval process.
Marginal note:Information to be provided
(3) The council shall, before proceeding to obtain community approval, take reasonable measures, such as those described in the Framework Agreement, to locate voters and inform them of their right to vote, the means of exercising that right and the content of the Framework Agreement, this Act, any resolutions made under subsection 12(2), the proposed land code and the individual agreement.
Marginal note:Vote using electronic means
(3.1) The council may conduct a vote by electronic means.
363 Section 12 of the Act is replaced by the following:
Marginal note:Ratification officer
11.1 If a ratification officer is appointed under section 8.1, he or she shall perform the duties and functions of the verifier that are set out in section 11. The ratification officer shall also send the report referred to in subsection 11(3) to the verifier.
Marginal note:Approval by members
12 (1) Subject to subsection (2), a proposed land code and an individual agreement that have been submitted for community approval are approved if a majority of eligible voters who participated in the vote voted to approve them.
Marginal note:Resolutions
(2) A council may, by resolution,
(a) fix the minimum percentage of eligible voters who are required to participate in a vote in order for the proposed land code and individual agreement to be approved; and
(b) fix an approval rate that is greater than what is required by subsection (1).
364 (1) Paragraph 13(1)(a) of the Act is replaced by the following:
(a) without delay, a copy of the approved code; and
(2) Subsection 13(2) of the Act is replaced by the following:
Marginal note:Report of irregularity
(2) An eligible voter may, within five days after the conclusion of a vote, report any irregularity in the voting process to the verifier.
365 (1) The portion of subsection 14(1) 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 a reasonable opportunity to make submissions on the matter but within 10 days after the conclusion of the vote, is of the opinion that
(2) Section 14 of the Act is amended by adding the following after subsection (1):
Marginal note:Report of ratification officer
(1.1) If a ratification officer is appointed under section 8.1, the verifier shall certify the validity of the land code only after receiving the ratification officer’s report under section 11.1. The 10-day period referred to in subsection (1) begins after the day on which the verifier receives that report.
366 (1) 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 that is specified in 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.
(2) Subsection 15(2) of the Act is replaced by the following:
Marginal note:Land code accessible to public
(2) Without delay after the coming into force of the land code of a First Nation or of any amendment to the land code, the First Nation shall publish the land code on its website, if it has one. The First Nation shall also make a copy of it available, on request, to any person.
367 Section 16 of the Act is amended by adding the following after subsection (4):
Marginal note:Designations under Indian Act
(5) The terms of any designations made under the Indian Act before the coming into force of a land code do not restrict the First Nation and the holder of an interest or right in or a licence in relation to First Nation land from modifying that interest, right or licence after the coming into force of the land code.
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