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 111999, c. 24First Nations Land Management Act (continued)
Amendments to the Act (continued)
379 (1) Subsection 39(1) of the Act is replaced by the following:
Marginal note:Indian Oil and Gas Act
39 (1) The Indian Oil and Gas Act
(a) continues to apply in respect of any reserve land to which a land code applies that was subject to that Act on the coming into force of the land code; and
(b) applies in respect of an interest or right in reserve land to which a land code applies that is granted to Her Majesty for the exploitation of oil and gas under the land code.
(2) Subsection 39(2) of the English version of the Act is replaced by the following:
Marginal note:Royalties
(2) For greater certainty, the provisions of the Indian Oil and Gas Act respecting the payment of royalties to Her Majesty in trust for a First Nation apply, despite any other provision of this Act, in respect of reserve land referred to in subsection (1).
380 Section 45 of the Act and the heading before it are replaced by the following:
Amendment of Schedules
Marginal note:Addition of band name
45 (1) The Minister may, by order, add the name of a band to Schedule 1 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 of land code
(2) The Minister may, by order, add to Schedule 2 the name of a First Nation that has a land code in force and the date on which the land code comes into force with respect to First Nation land.
Marginal note:Amendment
(3) The Minister may, by order, amend Schedule 1 or 2 to amend the name of a First Nation.
Marginal note:Deletion
(4) The Minister may, by order, delete from Schedule 1 or 2 the name of a First Nation and delete from Schedule 2 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.
381 The heading before section 46 of the Act is replaced by the following:
Transitional Provisions
382 The heading after section 46 of the Act is replaced by the following:
Marginal note:Transfer of capital moneys
46.1 (1) If a First Nation’s land code comes into force before the day on which this section comes into force, all capital moneys held by Her Majesty for the use and benefit of the First Nation or its First Nation members cease to be Indian moneys and shall be transferred to the First Nation if the individual agreement between the First Nation and the Minister is amended to provide for it. All capital moneys collected or received by Her Majesty for the use and benefit of the First Nation or its First Nation members after the transfer are not Indian moneys and shall be transferred to the First Nation.
Marginal note:Duty to inform members
(2) The council of the First Nation shall, at least 30 days before the individual agreement is amended, inform the First Nation members of the council’s intention to amend the individual agreement and of the amount of capital moneys held by Her Majesty for the use and benefit of the First Nation or its First Nation members.
383 The schedule to the Act is replaced by the Schedules 1 and 2 set out in Schedule 2 to this Act.
2013, c. 20Consequential Amendment to the Family Homes on Reserves and Matrimonial Interests or Rights Act
384 Paragraph 12(2)(b) of the Family Homes on Reserves and Matrimonial Interests or Rights Act is replaced by the following:
(b) the First Nation laws that it enacts under section 7 of this Act or paragraph 20(1)(c) of that Act are not in force.
DIVISION 122005, c. 9; 2012, c. 19, s. 658First Nations Fiscal Management Act
385 (1) Subsection 2(1) of the First Nations Fiscal Management Act is amended by adding the following in alphabetical order:
- capital assets
capital assets includes capital infrastructure. (immobilisation)
- interest
interest, in relation to reserve lands in Canada elsewhere than in Quebec, means any estate, right or interest of any nature in or to the lands, including any right to occupy, possess or use the lands, but does not include title to the lands that is held by her Majesty. (intérêt)
- right
right, in relation to reserve lands in Quebec, means any right of any nature in or to the lands, including any right to occupy, possess or use the lands and any right of a lessee, but does not include title to the lands that is held by her Majesty. (droit)
(2) Subsection 2(4) of the Act is replaced by the following:
Marginal note:For greater certainty
(4) For greater certainty, nothing in this Act shall be construed as requiring capital assets for the provision of local services on reserve lands to be located on reserve lands.
386 (1) The portion of subsection 5(1) of the Act before subparagraph (a)(ii) is replaced by the following:
Marginal note:Local revenue laws
5 (1) Subject to subsections (2) to (5), sections 4 and 6 and any regulations made under paragraph 36(1)(d), the council of a First Nation may make laws
(a) respecting taxation for local purposes of reserve lands and interests or rights in reserve lands, including
(i) the assessment of the value of those lands and interests or rights, the requisition of any information necessary to conduct the assessment and the inspection, in accordance with procedures prescribed by regulation, for assessment purposes of any reserve lands that are subject to taxation for local purposes,
(2) Subparagraph 5(1)(a)(ii) of the English version of the Act is replaced by the following:
(ii) a mechanism to establish tax rates and apply them to the assessed value of those lands and interests or rights,
(3) Subparagraph 5(1)(e)(i) of the Act is replaced by the following:
(i) the creation of liens or, in Quebec, prior claims or legal hypothecs on reserve lands and on interests or rights in reserve lands,
(4) Subparagraph 5(1)(e)(iii) of the French version of the Act is replaced by the following:
(iii) sous réserve du paragraphe (7), la saisie, la confiscation et la cession de droits ou intérêts sur les terres de réserve,
(5) Subparagraph 5(1)(e)(iv) of the Act is replaced by the following:
(iv) the seizure and sale of personal or movable property located on reserve lands, other than property located in a dwelling,
(6) Subsections 5(6) and (7) of the Act are replaced by the following:
Marginal note:Assignment of interest or right
(7) Despite the Indian Act or any instrument or act conferring an interest or right in reserve lands, if there are outstanding taxes payable under a law made under paragraph (1)(a) for more than two years, the First Nation may assign the interest or right in accordance with the conditions and procedures prescribed by regulation.
387 The portion of section 7 of the Act before paragraph (a) is replaced by the following:
Marginal note:Further representations
7 When the council of a First Nation sends a law made under paragraph 5(1)(a), (a.1) or (c), other than a law referred to in subsection 10(1), to the First Nations Tax Commission for its approval, the council shall
- Date modified: