=20

First = Nations Land=20 Management Act ( 1999, c. 24 )

Disclaimer: These = documents are=20 not the official versions (more).

Act current to = September 17th,=20 2007

Attention: See coming into force provision and notes, where=20 applicable.

Table Of Contents Back to = search=20 results

First Nations Land Management Act

1999, c. 24

F-11.8

[Assented to June 17th, 1999]

An Act providing for the ratification and the = bringing=20 into effect of the Framework Agreement on First Nation Land=20 Management

Preamble=20

WHEREAS=20 Her Majesty in right of Canada and a specific group of first = nations=20 concluded the Framework Agreement on First Nation Land Management = on=20 February 12, 1996 in relation to the management by those first = nations of=20 their lands;

AND=20 WHEREAS the ratification of the Agreement by Her Majesty requires = the=20 enactment of an Act of Parliament;

NOW,=20 THEREFORE, Her Majesty, by and with the advice and consent of the = Senate=20 and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the = First Nations=20 Land Management Act.

INTERPRETATION

Definitions

2. (1) The=20 definitions in this subsection apply in this Act. "council" =
=C2=ABconseil =C2=BB=20

"council" , in relation to a first nation, = has the=20 same meaning as the expression =E2=80=9Ccouncil of the = band=E2=80=9D in subsection 2(1) of=20 the Indian Act.

"eligible voter"
=C2=AB=C3=A9lecteur =C2=BB=20

"eligible voter" means a first nation member = who is=20 eligible to vote under subsection 10(2).

"first nation" =
=C2=ABpremi=C3=A8re nation =C2=BB=20

"first nation" means a band named in the=20 schedule.

"first nation land"
=C2=ABterres de la=20 premi=C3=A8re nation =C2=BB=20

"first nation land" means reserve land to = which a land=20 code applies and includes all the interests in and resources of = the land=20 that are within the legislative authority of Parliament.

"first = nation=20 law"
=C2=ABtexte l=C3=A9gislatif = =C2=BB=20

"first nation law" means a law referred to = in section=20 20.

"first nation member"
=C2=ABmembre = de la premi=C3=A8re=20 nation =C2=BB=20

"first nation member" means a person whose = name=20 appears on the band list of a first nation or who is entitled to = have=20 their name appear on that list.

"Framework Agreement" =
=C2=ABaccord-cadre =C2=BB=20

"Framework Agreement" means the Framework = Agreement on=20 First Nation Land Management concluded between Her Majesty in = right of=20 Canada and the first nations on February 12, 1996, and includes = any=20 amendments to the Agreement made pursuant to its=20 provisions.

"individual agreement"
=C2=ABaccord=20 sp=C3=A9cifique =C2=BB=20

"individual agreement" means an agreement = with a first=20 nation entered into under subsection 6(3).

"interest" =
=C2=ABint=C3=A9r=C3=AAts =C2=BB=20

"interest" , in relation to first nation = land, means=20 any estate, right or interest of any nature in or to the land but = does not=20 include title to the land.

"land code"
=C2=ABcode=20 foncier =C2=BB=20

"land code" means a land code of a first = nation=20 referred to in subsection 6(1).

"licence"
=C2=ABpermis =C2=BB=20

"licence" , in relation to first nation = land, means=20 any right of use or occupation of the land other than an interest = in that=20 land.

"Minister"
=C2=ABministre =C2=BB=20

"Minister" means the Minister of Indian = Affairs and=20 Northern Development.

"project"
=C2=ABprojet=20 d=E2=80=99exploitation =C2=BB=20

"project" has the same meaning as in = subsection 2(1)=20 of the Canadian Environmental Assessment Act.

Words and expressions in Indian=20 Act

(2) Unless the = context=20 otherwise requires, words and expressions used in this Act have = the same=20 meaning as in the Indian Act.

Not land claims agreement

(3) For greater certainty, neither the = Framework=20 Agreement nor this Act is a land claims agreement referred to in = section=20 35 of the Constitution Act, 1982.

HER MAJESTY

Binding on Her Majesty

3. This Act is binding on Her Majesty = in right=20 of Canada and any reference in this Act to Her Majesty means Her = Majesty=20 in right of Canada.

GENERAL

Ratification and effect

4. (1) The=20 Framework Agreement is hereby ratified and brought into effect in=20 accordance with its provisions.

Deposit of copies

(2) The Minister shall cause a copy of = the=20 Framework Agreement and of any amendment made to the Agreement, = certified=20 by the Minister to be a true copy, to be deposited in the library = of the=20 Department of Indian Affairs and Northern Development situated in = the=20 National Capital Region and in such regional offices of that = Department=20 and other places as the Minister considers advisable.

Title to first nation land

5. For greater certainty, except for = first=20 nation land exchanged in accordance with section 27,

(a) title to = first nation=20 land is not affected by the Framework Agreement or this Act;

(b) first nation = land=20 continues to be set apart for the use and benefit of the first = nation for=20 which it was set apart; and

(c) first nation = land=20 continues to be land reserved for the Indians within the meaning = of Class=20 24 of section 91 of the Constitution Act, 1867.

ESTABLISHMENT OF LAND MANAGEMENT REGIME

Land Code and Individual Agreement

Adoption of land code

6. (1) A=20 first nation that wishes to establish a land management regime in=20 accordance with the Framework Agreement and this Act shall adopt a = land=20 code applicable to all land in a reserve of the first nation, = which land=20 code must include the following matters:=20

(a) a legal = description of=20 the land that will be subject to the land code;

(b) the general = rules and=20 procedures applicable to the use and occupancy of first nation = land,=20 including use and occupancy under=20

(i) licences and leases, and

(ii) interests in first nation land held = pursuant to=20 allotments under subsection 20(1) of the Indian Act or = pursuant to=20 the custom of the first nation;

(c) the = procedures that apply=20 to the transfer, by testamentary disposition or succession, of any = interest in first nation land;

(d) the general = rules and=20 procedures respecting revenues from natural resources obtained = from first=20 nation land;

(e) the = requirements for=20 accountability to first nation members for the management of first = nation=20 land and moneys derived from first nation land;

(f) a community = consultation=20 process for the development of general rules and procedures = respecting, in=20 cases of breakdown of marriage, the use, occupation and possession = of=20 first nation land and the division of interests in first nation = land;

(g) the rules = that apply to=20 the enactment and publication of first nation laws;

(h) the rules = that apply to=20 conflicts of interest in the management of first nation land;

(i) the = establishment or=20 identification of a forum for the resolution of disputes in = relation to=20 interests in first nation land;

(j) the general = rules and=20 procedures that apply in respect of the granting or expropriation = by the=20 first nation of interests in first nation land;

(k) the general = rules and=20 procedures for the delegation, by the council of the first nation, = of its=20 authority to manage first nation land;

(l) the = procedures that apply=20 to an approval of an exchange of first nation land; and

(m) the = procedures for=20 amending the land code.

Land management regime

(2) For greater certainty, if more than = one=20 reserve has been set apart for the use and benefit of a first = nation, the=20 first nation may establish a land management regime for any or all = of its=20 reserves.

Individual agreement

(3) A first nation that wishes to = establish a=20 land management regime shall, in accordance with the Framework = Agreement,=20 enter into an individual agreement with the Minister describing = the land=20 that will be subject to the land code and providing for=20

(a) the terms of = the transfer=20 of administration of that land;

(b) a description = of the=20 interests and licences that have been granted by Her Majesty in or = in=20 relation to that land, and the date and other terms of the = transfer to the=20 first nation of Her Majesty=E2=80=99s rights and obligations as = grantor of those=20 interests and licences;

(c) the = environmental=20 assessment process that will apply to projects on that land until = the=20 enactment of first nation laws in relation to that subject; = and

(d) any other = relevant=20 matter.

Excluded land

7. (1)=20 Notwithstanding subsection 6(1), a portion of a reserve may be = excluded=20 from the application of a land code if it has been surveyed under = Part II=20 of the Canada Lands Surveys Act and if=20

(a) it is in an=20 environmentally unsound condition that cannot be remedied by = measures that=20 are technically and financially feasible before the date that the = land=20 code is to be submitted for community approval under subsection = 10(1);

(b) it is the = subject of=20 litigation that is unlikely to be resolved before the date = referred to in=20 paragraph (a);

(d) the first = nation and the=20 Minister agree that, for any other reason, its exclusion is=20 justifiable.

Condition

(2) A portion of a reserve may not be = excluded=20 from a land code if the exclusion would have the effect of placing = the=20 administration of a lease or other interest in land in more than = one land=20 management regime.

Exclusion no longer valid

(3) A first nation shall amend the = legal=20 description of first nation land in its land code to include a = portion=20 excluded under subsection (1) if the first nation and the Minister = agree=20 that the condition that justified the exclusion no longer exists, = and the=20 individual agreement shall be amended accordingly.

Verification

Appointment of verifier

8. (1) The=20 Minister and a first nation shall jointly appoint a verifier, to = be chosen=20 from a list established in accordance with the Framework = Agreement, who=20 shall=20

(a) determine = whether a=20 proposed land code and the proposed process for the approval of = the land=20 code and an individual agreement are in accordance with the = Framework=20 Agreement and this Act and, if they are in accordance, confirm = them;

(b) determine = whether the=20 conduct of a community approval process is in accordance with the = process=20 confirmed under paragraph (a); and

(c) certify the = validity of a=20 land code that has been approved in accordance with the Framework=20 Agreement and this Act.

Disputes

(2)=20 The verifier shall determine any dispute arising between a first = nation=20 and the Minister before a land code comes into force regarding the = terms=20 of the transfer of administration of land or the exclusion of a = portion of=20 a reserve from the application of a land code.

Notice of determination

9. (1) The=20 verifier shall, within thirty days after receiving a first = nation=E2=80=99s=20 documents, as required by the Framework Agreement, make a = determination=20 under paragraph 8(1)(a) and give = notice of the=20 determination to the first nation and the Minister.

Reasons

(2)=20 If the verifier determines that a proposed land code or a proposed = community approval process is not in accordance with the Framework = Agreement or this Act, the verifier shall give written reasons to = the=20 first nation and the Minister.

Community Approval and Certification

Submission to members

10. (1) If=20 the verifier determines that a proposed land code and a proposed = community=20 approval process of a first nation are in accordance with the = Framework=20 Agreement and this Act, the council of the first nation may submit = the=20 proposed land code and the individual agreement to the first = nation=20 members for their approval.

Eligibility to vote

(2) Every person who is eighteen years = of age or=20 over and a first nation member, whether or not resident on the = reserve of=20 the first nation, is eligible to vote in the community approval=20 process.

Information to be provided

(3) The council shall, before = proceeding to=20 obtain community approval, take reasonable measures, such as those = described in the Framework Agreement, to locate voters and inform = them of=20 their right to vote, the means of exercising that right and the = content of=20 the Framework Agreement, this Act, the proposed land code and the=20 individual agreement.

Third parties

(4) If other persons have an interest = in the land=20 that is to be subject to the proposed land code, the council = shall, within=20 a reasonable time before the vote, take appropriate measures to = inform=20 those persons of the proposed land code, this Act and the date of = the=20 vote.

Publication of notice

11. (1) The=20 verifier shall publish a notice of the date, time and place of a=20 vote.

Role of the verifier

(2) The verifier, and any assistants = that the=20 verifier may appoint, shall observe the conduct of a vote. =

Report

(3)=20 Within fifteen days after the conclusion of a vote, the verifier = shall=20 send to the first nation and the Minister the verifier=E2=80=99s = report on the=20 conduct of the vote.

Approval by members

12. (1) A=20 proposed land code and an individual agreement that have been = submitted=20 for community approval are approved if=20

(a) a majority of = eligible=20 voters participated in the vote and a majority of those voters = voted to=20 approve them;

(b) all those = eligible voters=20 who signified, in a manner determined by the first nation, their = intention=20 to vote have been registered and a majority of the registered = voters voted=20 to approve them; or

Minimum participation

(2) Notwithstanding subsection (1), a = proposed=20 land code and an individual agreement are not approved unless more = than=20 twenty-five per cent of the eligible voters voted to approve = them.=20

Increased percentage

(3) A council may, by resolution, = increase the=20 percentage of votes required under subsection (2).

Copy and declaration

13. (1) If=20 a first nation votes to approve a land code and an individual = agreement,=20 its council shall, after the conclusion of the vote and without = delay,=20 send to the verifier a copy of the approved code and a declaration = that=20 the code and agreement were approved in accordance with section = 12.=20

Report of irregularity

(2) The Minister or an eligible voter = may, within=20 five days after the conclusion of a vote, report any irregularity = in the=20 voting process to the verifier.

Certification

14. (1) The=20 verifier shall, after receiving a copy of the land code and the=20 declaration, certify the validity of the land code unless the = verifier,=20 after giving the first nation and the Minister a reasonable = opportunity to=20 make submissions on the matter but within ten days after the = conclusion of=20 the vote, is of the opinion that=20

(a) the community = approval=20 process confirmed under paragraph 8(1)(a) was=20 not followed or the community approval was otherwise irregular; = and

(b) the land code = might not=20 have been approved but for that irregularity.

Transmittal

(2) The verifier shall, without delay, = send a=20 copy of the certified land code to the first nation and the=20 Minister.

Presumption

(3) A certified land code is deemed to = have been=20 validly approved by the first nation.

Coming into Force of Land Code

Coming into force

15. (1) A=20 land code comes into force and has the force of law on the day it = is=20 certified or on any other later date that may be specified in or = under the=20 land code and judicial notice shall thereafter be taken of the = land code=20 in any proceedings.

Access to land code

(2) A copy of the land code of a first = nation=20 shall be maintained by the council for public inspection at a = place=20 designated by the council.

Effect

16. (1)=20 After the coming into force of a land code, no interest in or = licence in=20 relation to first nation land may be acquired or granted except in = accordance with the land code of the first nation.

Interests of third parties

(2) Subject to subsections (3) and (4), = interests=20 in and licences in relation to first nation land that exist on the = coming=20 into force of a land code continue in accordance with their terms = and=20 conditions.

Transfer of rights of Her = Majesty

(3) On the coming into force of the = land code of=20 a first nation, the rights and obligations of Her Majesty as = grantor in=20 respect of the interests and licences described in the first = nation=E2=80=99s=20 individual agreement are transferred to the first nation in = accordance=20 with that agreement.

Interests of first nation = members

(4) Interests in first nation land held = on the=20 coming into force of a land code by first nation members pursuant = to=20 allotments under subsection 20(1) of the Indian Act or = pursuant to=20 the custom of the first nation are subject to the provisions of = the land=20 code governing the transfer and lease of interests in first nation = land=20 and sharing in natural resource revenues.

Rules on Breakdown of Marriage

Obligation of first nation

17. (1) A=20 first nation shall, in accordance with the Framework Agreement and = following the community consultation process provided for in its = land=20 code, establish general rules and procedures, in cases of = breakdown of=20 marriage, respecting the use, occupation and possession of first = nation=20 land and the division of interests in first nation land.

Establishment of rules and = procedures

(2) The first nation shall, within = twelve months=20 after its land code comes into force, incorporate the general = rules and=20 procedures into its land code or enact a first nation law = containing the=20 general rules and procedures.

Disputes

(3)=20 The first nation or the Minister may refer any dispute relating to = the=20 establishment of the general rules and procedures to an arbitrator = in=20 accordance with the Framework Agreement.

LAND MANAGEMENT REGIME

First Nation Powers

Power to manage

18. (1) A=20 first nation has, after the coming into force of its land code and = subject=20 to the Framework Agreement and this Act, the power to manage first = nation=20 land and, in particular, may=20

(a) exercise the = powers,=20 rights and privileges of an owner in relation to that land;

(b) grant = interests in and=20 licences in relation to that land;

(d) receive and = use all=20 moneys acquired by or on behalf of the first nation under its land = code.

Legal capacity

(2) For any purpose related to first = nation land,=20 a first nation has the legal capacity necessary to exercise its = powers and=20 perform its duties and functions and, in particular, may=20

(a) acquire and = hold real and=20 personal property;

(b) enter into = contracts;

(d) expend and = invest money;=20 and

(e) be a party to = legal=20 proceedings.

Exercise of power

(3) The power of a first nation to = manage first=20 nation land shall be exercised by the council of a first nation, = or by any=20 person or body to whom a power is delegated by the council in = accordance=20 with the first nation=E2=80=99s land code, and that power shall be = exercised for=20 the use and benefit of the first nation.

Management body

(4) A body established to manage first = nation=20 land is a legal entity having the capacity, rights, powers and = privileges=20 of a natural person.

Transfer of moneys

19. On the coming into force of the = land code of=20 a first nation, all revenue moneys collected, received or held by = Her=20 Majesty for the use and benefit of the first nation or its first = nation=20 members cease to be Indian moneys and shall be transferred to the = first=20 nation.

First Nation Laws

Power to enact laws

20. (1) The=20 council of a first nation has, in accordance with its land code, = the power=20 to enact laws respecting=20

(a) interests in = and licences=20 in relation to first nation land;

(b) the = development,=20 conservation, protection, management, use and possession of first = nation=20 land; and

Particular powers

(2) Without restricting the generality = of=20 subsection (1), first nation laws may include laws = respecting=20

(a) the = regulation, control=20 or prohibition of land use and development including zoning and=20 subdivision control;

(b) subject to = section 5, the=20 creation, acquisition and granting of interests in and licences in = relation to first nation land and prohibitions in relation = thereto;

(d) the provision = of local=20 services in relation to first nation land and the imposition of = equitable=20 user charges for those services; and

(e) the provision = of services=20 for the resolution of disputes in relation to first nation = land.

Enforcement measures

(3) A first nation law may provide for=20 enforcement measures, consistent with federal laws, such as the = power to=20 inspect, search and seize and to order compulsory sampling, = testing and=20 the production of information.

Inconsistency

(4) In the event of any inconsistency = or conflict=20 between the land code of a first nation and the provisions of a = first=20 nation law or of a by-law made by its council under section 81 of = the=20 Indian Act, the land code prevails to the extent of the=20 inconsistency or conflict.

Environmental protection

21. (1)=20 Before enacting any first nation law respecting environmental = protection,=20 a first nation shall enter into an agreement with the Minister and = the=20 Minister of the Environment in relation to environmental = protection in=20 accordance with the Framework Agreement.

Minimum standards

(2) For the purposes of an agreement = entered into=20 under subsection (1), the standards of environmental protection=20 established by first nation laws and the punishments imposed for = failure=20 to meet those standards must be at least equivalent in their = effect to any=20 standards established and punishments imposed by the laws of the = province=20 in which the first nation land is situated.

Environmental assessment

(3) First nation laws respecting = environmental=20 assessment must provide for the establishment, in accordance with = the=20 Framework Agreement, of an environmental assessment process = applicable to=20 all projects carried out on first nation land that are approved,=20 regulated, funded or undertaken by the first nation.

Offences and punishment

22. (1) A=20 first nation law may create offences punishable on summary = conviction and=20 provide for the imposition of fines, imprisonment, restitution, = community=20 service and any other means for achieving compliance.

Incorporation by reference

(2) A first nation law may adopt or = incorporate=20 by reference the summary conviction procedures of Part XXVII of = the=20 Criminal Code, as amended from time to time.

Prosecution

(3) A first nation may, in relation to=20 prosecutions of contraventions of first nation laws,=20

(a) retain its = own=20 prosecutors;

(b) enter into an = agreement=20 with Her Majesty and a provincial government for the use of = provincial=20 prosecutors; or

Evidence

23. In any proceedings, a copy of a = first nation=20 law appearing to be certified as a true copy by an officer of the = first=20 nation is, without proof of the officer=E2=80=99s signature or = official character,=20 evidence of its enactment on the date specified in the law.

Appointment of justices of the peace

24. (1) A=20 first nation or, if Her Majesty and the first nation have entered = into an=20 agreement for that purpose in accordance with the Framework = Agreement, the=20 Governor in Council, may appoint justices of the peace to ensure = the=20 enforcement of first nation laws including the adjudication of = offences=20 for contraventions of first nation laws.

Judicial independence

(2) A justice of the peace appointed = for a first=20 nation shall have tenure and remuneration, and be subject to = conditions of=20 removal, that reflect the independence of the office of justice of = the=20 peace in the province in which the first nation land is = situated.=20

Powers

(3)=20 Justices of the peace have all the powers necessary for the = performance of=20 their duties and functions.

Appeals

(4)=20 An appeal lies from a decision of a justice of the peace in the = manner in=20 which an appeal lies in summary conviction proceedings under Part = XXVII of=20 the Criminal Code and the provisions of that Part relating = to=20 appeals apply to appeals under this section.

Courts of a province

(5) If no justices of the peace are = appointed for=20 a first nation, its first nation laws shall be enforced through a = court of=20 competent jurisdiction of the province in which its first nation = land is=20 situated.

First Nation Land Register

Establishment

25. (1) The=20 Minister shall establish a register to be known as the First = Nation Land=20 Register.

Administration of Register

(2) The First Nation Land Register is = to be=20 administered, subject to this section, in the same manner as the = Reserve=20 Land Register established under the Indian Act.

Regulations

(3) The Governor in Council may, on the = recommendation of the Minister and in accordance with the = Framework=20 Agreement, make regulations respecting the administration of the = First=20 Nation Land Register, the registration of interests in it and the=20 recording of any other matter, including but not limited to = regulations=20 respecting=20

(a) the effects = of=20 registering interests, including priorities;

(b) the payment = of fees for=20 the registration of interests and for any other service in = relation to the=20 Register;

(c) the = appointment,=20 remuneration, powers, functions and duties of officers and = employees who=20 administer the Register; and

(d) the keeping, = by officers=20 and employees, of documents that are not registrable.

Limitations on Alienation of First Nation = Land

Alienation of land

26. (1)=20 First nation land may not be alienated except where it is = exchanged for=20 other land in accordance with the Framework Agreement and this = Act.=20

Expropriation

(2) Interests in first nation land may = not be=20 expropriated except by Her Majesty or a first nation in accordance = with=20 the Framework Agreement and this Act.

Restrictions on exchange

27. (1) A=20 first nation may exchange first nation land only if=20

(a) compensation = for the=20 first nation land includes land that Her Majesty has agreed will = be set=20 apart as a reserve and that is to become first nation land; = and

(b) the Minister = has approved=20 the form of the exchange.

Additional compensation

(2) In addition to land referred to in = subsection=20 (1), other compensation may be provided including land that will = not=20 become first nation land.

Terms and conditions

(3) An exchange of first nation land = may be made=20 subject to other terms and conditions.

Community approval

(4) The exchange of first nation land = must be=20 approved by first nation members in accordance with the land code = of the=20 first nation and must be completed in accordance with the = Framework=20 Agreement.

Expropriation by a first nation

28. (1) A=20 first nation may, in accordance with the general rules and = procedures=20 contained in its land code, expropriate any interest in its first = nation=20 land that, in the opinion of its council, is necessary for = community works=20 or other first nation community purposes.

Exception

(2) An interest in first nation land = obtained=20 under section 35 of the Indian Act or held by Her Majesty = is not=20 subject to expropriation by a first nation.

Effective date

(3) An expropriation takes effect from = the day on=20 which a notice of expropriation is registered in the First Nation = Land=20 Register or the thirtieth day after the day on which the notice is = served=20 on the person whose interest is expropriated, whichever is the=20 earlier.

Effect of expropriation

(4) An expropriated interest becomes = the property=20 of the first nation free of any previous claim or = encumbrance.

Compensation

(5) A first nation shall pay fair = compensation to=20 the holder of an expropriated interest and, in determining that=20 compensation, the first nation shall apply the rules set out in = the=20 Expropriation Act, with such modifications as the = circumstances=20 require.

Resolution of disputes

(6) Any dispute concerning compensation = shall be=20 determined according to the system for the resolution of such = disputes=20 established by a first nation in accordance with the Framework=20 Agreement.

Expropriation by Her Majesty

29. (1) An=20 interest in first nation land may be expropriated by Her Majesty = for the=20 use of a federal department or agency and with the consent and by = order of=20 the Governor in Council.

Consent of Governor in = Council

(2) The Governor in Council may consent = to an=20 expropriation only if it is justifiable and necessary for a = federal public=20 purpose that serves the national interest.

Matters to be considered

(3) The Governor in Council may consent = to an=20 expropriation only if the Governor in Council is satisfied that, = in=20 addition to any other legal requirements that may apply, the = following=20 requirements have been met:=20

(a) there is no = other=20 reasonably feasible alternative to the expropriation, such as the = use of=20 land that is not first nation land;

(b) reasonable = efforts have=20 been made to acquire the interest through agreement with the first = nation;

(d) information = relevant to=20 the expropriation is provided to the first nation.

Report to be made public

(4) Before the Governor in Council = consents to=20 the expropriation, the department or agency referred to in = subsection (1)=20 shall provide to the first nation, and make available to the = public, a=20 report stating the justifications for the expropriation and = describing the=20 steps taken to satisfy the requirements of subsection (3). =

Disputes

(5)=20 If a first nation objects to a proposed expropriation, it may, = within=20 sixty days after the report has been made public, refer the matter = to a=20 neutral evaluator in accordance with the Framework = Agreement.

Time of consent

(6) The Governor in Council may not = consent to=20 the expropriation before the expiration of the period referred to = in=20 subsection (5) or, if the first nation has referred the matter to = a=20 neutral evaluator, before the neutral evaluator has reported on = the=20 matter.

Partial expropriation

30. If less than the full interest of = a first=20 nation in first nation land is expropriated by Her Majesty,

(a) the land in = which an=20 interest is expropriated continues to be first nation land and = subject to=20 the provisions of the land code and first nation laws that are not = inconsistent with the expropriation; and

(b) the first = nation=20 continues to have the right to use and occupy that land except to = the=20 extent that the use and occupation is inconsistent with the=20 expropriation.

Compensation

31. (1)=20 Where an interest in first nation land is expropriated by Her = Majesty,=20 compensation shall be provided to the first nation consisting = of=20

(a) land that, = when accepted=20 by that first nation, will become first nation land; and

(b) any = additional=20 compensation required to achieve the total compensation determined = under=20 subsection (3).

Land of a lesser area

(2) Land provided to a first nation as=20 compensation may be of an area that is less than the area of the = land in=20 which an interest has been expropriated if the total area of the = land=20 comprised in a reserve of the first nation is not less following = the=20 expropriation than at the coming into force of its land = code.

Determination of = compensation

(3) The total compensation shall be = determined=20 taking into account the following factors:=20

(a) the market = value of the=20 expropriated interest or of the land in which an interest has been = expropriated;

(b) the = replacement value of=20 any improvement to the land;

(d) any reduction = in the=20 value of any interest in first nation land that is not = expropriated;

(e) any adverse = effect on any=20 cultural or other special value of the land to the first nation; = and

(f) the value of = any special=20 economic advantage arising out of or incidental to the occupation = or use=20 of the land to the extent that that value is not otherwise=20 compensated.

Interest

(4)=20 Interest is payable on compensation from the effective date of an=20 expropriation at the prejudgment interest rate that is paid in = civil=20 proceedings in the superior court of the province in which the = land is=20 situated.

Dispute

(5)=20 If an agreement on compensation cannot be reached, the first = nation or the=20 expropriating department or agency may refer the matter to an = arbitrator=20 in accordance with the Framework Agreement.

Limit

(6)=20 Any claim or encumbrance in respect of an interest expropriated by = Her=20 Majesty may only be made or discharged against the compensation = paid under=20 this section.

Restitution

32. (1) An=20 interest in first nation land expropriated by Her Majesty that is = no=20 longer required for the purpose for which it was expropriated = shall revert=20 to the first nation and, if the full interest of the first nation = was=20 expropriated, it shall be returned to the first nation in = accordance with=20 terms and conditions negotiated by the first nation and the = expropriating=20 department or agency.

Improvements

(2) When an interest reverts or is = returned to a=20 first nation, the minister responsible for the expropriating = department or=20 agency shall determine the disposition of any improvements made to = the=20 land.

Dispute

(3)=20 If the first nation and the expropriating department or agency = cannot=20 agree on the terms and conditions of the return of the full = interest, the=20 first nation or the department or agency may, in accordance with = the=20 Framework Agreement, refer the matter to an arbitrator.

Expropriation Act

33. Without limiting the generality of = section=20 37, in the event of any inconsistency or conflict between this Act = and the=20 Expropriation Act in relation to the expropriation of = interests in=20 first nation land by Her Majesty, this Act prevails to the extent = of the=20 inconsistency or conflict.

LIABILITY

First nation not liable

34. (1) A=20 first nation is not liable in respect of anything done or omitted = to be=20 done before the coming into force of its land code by Her Majesty = or any=20 person or body authorized by Her Majesty to act in relation to = first=20 nation land.

Indemnification of first = nation

(2) Her Majesty shall indemnify a first = nation=20 for any loss suffered by the first nation as a result of an act or = omission described in subsection (1).

Her Majesty not liable

(3) Her Majesty is not liable in = respect of=20 anything done or omitted to be done after the coming into force of = the=20 land code of a first nation by the first nation or any person or = body=20 authorized by the first nation to act in relation to first nation=20 land.

Indemnification of Her = Majesty

(4) The first nation shall indemnify = Her Majesty=20 for any loss suffered by Her Majesty as a result of an act or = omission=20 described in subsection (3).

IMMUNITY AND JUDICIAL REVIEW

Immunity

35. No criminal or civil proceedings = lie against=20 an arbitrator, mediator, neutral evaluator or verifier appointed = under the=20 Framework Agreement or this Act or any member of a board = established by=20 section 38 of the Framework Agreement who is, in good faith, = exercising a=20 power or performing a duty or function in accordance with the = Framework=20 Agreement or this Act for anything done or omitted to be done = during the=20 course of the exercise or purported exercise of any power or the=20 performance or purported performance of any duty or function of = that=20 person in accordance with the Framework Agreement or this Act. =

Determinations final

36. (1)=20 Every determination under this Act or the Framework Agreement by a = verifier or arbitrator is final, and no order shall be made, = process=20 entered or proceedings taken in any court, whether by way of = injunction,=20 certiorari, prohibition, mandamus, quo = warranto=20 or otherwise, to question, review or prohibit such a = determination.=20

Actions final

(2) No order shall be made, process = entered or=20 proceedings taken in any court, whether by way of injunction, = certiorari, prohibition, mandamus, quo = warranto=20 or otherwise, to question, review or prohibit any other action = under this=20 Act or the Framework Agreement by a verifier or arbitrator or any = action=20 under the Framework Agreement by a neutral evaluator.

Review by Federal Court

(3) Notwithstanding subsections (1) and = (2), the=20 Attorney General of Canada or anyone directly affected by the = matter in=20 respect of which relief is sought may make an application under = the=20 Federal Courts Act on any of the grounds referred to in = paragraph=20 18.1(4)( a) or ( b) of=20 that Act for any relief against a verifier, arbitrator or neutral=20 evaluator by way of an injunction or declaration or by way of an = order in=20 the nature of certiorari, = prohibition, mandamus or quo=20 warranto.=20

1999, c. 24, s. 36; 2002, c. 8, s. = 182.

OTHER ACTS

Other Acts

37. In the event of any inconsistency = or=20 conflict between this Act and any other federal law, this Act = prevails to=20 the extent of the inconsistency or conflict.

Indian Act

38. (1) On=20 the coming into force of the land code of a first nation, the = following=20 cease to apply to the first nation, first nation members and first = nation=20 land:=20

(a) sections 18 = to 20, 22 to=20 28, 30 to 35, 37 to 41 and 49, subsection 50(4) and sections 53 to = 60, 66,=20 69, 71 and 93 of the Indian Act;

(b) any = regulations made=20 under section 57 of that Act; and

(c) to the extent = of any=20 inconsistency or conflict with the Framework Agreement, the land = code or=20 first nation laws, any regulations made under sections 42 and 73 = of that=20 Act.

Leasehold interests

(2) Subsection 89(1.1) of the Indian = Act=20 continues to apply to leasehold interests in any first nation land = that=20 was designated land on the coming into force of a first = nation=E2=80=99s land=20 code.

Application

(3) A land code may extend the = application of=20 subsection 89(1.1) of the Indian Act, or any portion of it, = to=20 other leasehold interests in first nation land.

Indian Oil and Gas Act

39. (1) The=20 Indian Oil and Gas Act=20

(a) continues to = apply in=20 respect of any first nation land that was subject to that Act on = the=20 coming into force of the land code of a first nation; and

(b) applies in = respect of an=20 interest in first nation land that is granted to Her Majesty for = the=20 exploitation of oil and gas pursuant to a land code.

Royalties

(2) For greater certainty, the = provisions of the=20 Indian Oil and Gas Act respecting the payment of royalties = to Her=20 Majesty in trust for a first nation apply, notwithstanding any = other=20 provision of this Act, in respect of first nation land referred to = in=20 subsection (1).

Environmental laws

40. (1) For=20 greater certainty, in the event of any inconsistency or conflict = between a=20 land code or a first nation law and any federal law that relates = to=20 environmental protection, the federal law prevails to the extent = of the=20 inconsistency or conflict.

Migratory birds, endangered species,=20 fisheries

(2) For = greater=20 certainty, this Act does not extend or limit any right or power in = relation to migratory birds, endangered species or = fisheries.

Canadian Environmental Assessment = Act

41. Section 10 of the Canadian = Environmental=20 Assessment Act does not apply to a project carried out on = first nation=20 land.

Emergencies Act

42. The Emergencies Act = continues to=20 apply to first nation land except that any appropriation, = requisition or=20 use of first nation land required under that Act must be expressly = authorized by order of the Governor in Council.

Acts respecting nuclear energy

43. (1)=20 Subject to subsection (2), nothing in this Act limits the = application of=20 the Nuclear Safety and Control Act and the Nuclear = Energy=20 Act to first nation lands.

Expropriation provisions

(2) In the event of any inconsistency = or conflict=20 between the provisions of this Act relating to expropriation and = the=20 Nuclear Energy Act, the provisions of this Act prevail to = the=20 extent of the inconsistency or conflict.=20

1999, c. 24, ss. 43, 47.

Non-application of Statutory = Instruments=20 Act

44. The Statutory Instruments = Act does=20 not apply in respect of a land code or first nation laws.

AMENDMENT OF SCHEDULE

Addition of band to schedule

45. The Governor in Council may, by = order, add=20 the name of a band to the schedule if the Governor in Council is = satisfied=20 that the signing of the Framework Agreement on behalf of the band = has been=20 duly authorized and that the Framework Agreement has been so = signed.=20

TRANSITIONAL PROVISION

Validity

46. (1) Any=20 action taken or determination or decision made under the Framework = Agreement before the coming into force of sections 6 to 14, 35 and = 36 is=20 deemed, to the extent that it would have been valid under those = sections,=20 to have been validly taken or made under this Act.

Coming into force of land = code

(2) Notwithstanding subsection (1), a = land code=20 may not come into force before the coming into force of this=20 section.

CONDITIONAL AMENDMENT

47. [Amendment]

COMING INTO FORCE

Order of Governor in Council

*48. Section 45 comes into force on a = day to be=20 fixed by order of the Governor in Council after the completion of = a review=20 of the Framework Agreement in accordance with its provisions and = any=20 consultations that the Governor in Council may require.

* [Note: Section 45 in force May 20, 2003, = see SI/2003-108.]

SCHEDULE

(Sections 2 and 45)

FIRST NATIONS

1.=20 Westbank

2.=20 Musqueam

3. Fort=20 George (also known as Lheit-Lit=E2=80=99en and Lheidli = T=E2=80=99enneh)

4.=20 Anderson Lake (also known as N=E2=80=99Quatqua)

5.=20 Squamish

6.=20 Siksika Nation

7. John=20 Smith (also known as Muskoday)

8.=20 Cowessess

9. The=20 Pas (also known as Opaskwayak Cree)

10.=20 Nipissing Band of Ojibways (also known as Nipissing)

11.=20 Scugog (also known as Mississaugas of Scugog Island)

12.=20 Chippewas of Rama (also known as Chippewas of Mnjikaning)

13.=20 Chippewas of Georgina Island

14.=20 Saint Mary=E2=80=99s

15.=20 Garden River

16.=20 Moose Deer Point

17.=20 Whitecap No. 94

18.=20 Kinistin

19.=20 Mississauga

20.=20 Whitefish Lake

21.=20 Songhees

22.=20 Beecher Bay

23.=20 Pavilion

24.=20 Tsawwassen

25.=20 Tsawout

26.=20 Kingsclear

27.=20 Skeetchestn

28.=20 Muskeg Lake

29.=20 Burrard

30.=20 Sliammon

31.=20 Osoyoos

32.=20 Chippewas of Kettle and Stony Point

33.=20 Dokis

34.=20 Chippewas of the Thames

35.=20 Kitselas

36.=20 McLeod Lake

37.=20 Shxwh=C3=A1:y Village (also known as Sqay Village)

38.=20 T=E2=80=99Sou-ke (also known as Tsouke)

39.=20 Leq=E2=80=99=C3=A1:mel (also known as Leqamel)

40.=20 Flying Dust

41.=20 Swan Lake

42.=20 Henvey Inlet

43.=20 Matsqui

44.=20 Seabird Island

45.=20 Squiala

46.=20 Tzeachten

47.=20 Pasqua

1999, c. 24, Sch.; SOR/2003-178; = SOR/2006-216.

AMENDMENTS=20 NOT IN FORCE

-- 2007,=20 c. 17, s. 1:

1. (1) The = definition=20
=C2=ABint=C3=A9r=C3=AAts =C2=BB = in subsection 2(1) of the=20 French version of the First Nations Land Management Act is=20 repealed. (2)=20 The definitions "first nation land" and "licence" in subsection = 2(1) of=20 the Act are replaced by the following:

"first nation = land"=20
=C2=ABterres de la premi=C3=A8re = nation =C2=BB=20

"first nation land" means reserve land to = which a land=20 code applies and includes all the interests or rights in, and = resources=20 of, the land that are within the legislative authority of=20 Parliament.

"licence"
=C2=ABpermis =C2=BB=20

"licence" , in relation to first nation = land,=20 means

(a) in Canada = elsewhere than=20 in Quebec, any right of use or occupation of the land other than = an=20 interest in that land;

(b) in Quebec, = any right to=20 use or occupy the land other than a right as defined in this=20 subsection.

(3) The definition "interest" in = subsection 2(1)=20 of the English version of the Act is replaced by the = following:

"interest" =
=C2=ABint=C3=A9r=C3=AAt =C2=BB=20

"interest" , in relation to first nation = land in=20 Canada elsewhere than in Quebec, means any estate, right or = interest of=20 any nature in or to the land, but does not include title to the = land.=20

(4)=20 Subsection 2(1) of the Act is amended by adding the following in=20 alphabetical order:

"right" =
=C2=ABdroit =C2=BB=20

"right" , in relation to first nation land = in Quebec,=20 means any right of any nature in or to that land, including the = rights of=20 a lessee, but does not include title to the land.

(5) Subsection = 2(1) of the=20 French version of the Act is amended by adding the following in=20 alphabetical order:

=C2=ABint=C3=A9r=C3=AAt =C2=BB "interest"=20

=C2=ABint=C3=A9r=C3=AAt =C2=BB S=E2=80=99agissant=20 des terres de la premi=C3=A8re nation situ=C3=A9es au Canada mais = ailleurs qu=E2=80=99au=20 Qu=C3=A9bec, tout domaine, droit ou autre int=C3=A9r=C3=AAt = portant sur celles-ci; est=20 cependant exclu le titre de propri=C3=A9t=C3=A9.

-- = 2007, c. 17, s. 2:

2. (1) Paragraphs = 6(1)(b) and (c) of = the Act are=20 replaced by the following:

(b) the general = rules and=20 procedures applicable to the use and occupancy of first nation = land,=20 including use and occupancy under=20

(i) licences and leases, and

(ii) interests or rights in first nation = land held=20 pursuant to allotments under subsection 20(1) of the Indian = Act or=20 pursuant to the custom of the first nation;

(c) the = procedures that apply=20 to the transfer, by testamentary disposition or succession, of any = interest or right in first nation land;

(2) Paragraph 6(1)(f)=20 of the Act is replaced by the following:

(3)=20 Paragraphs 6(1)(i) and (j) of the Act are replaced by the = following:

(i) the = establishment or=20 identification of a forum for the resolution of disputes in = relation to=20 interests or rights in first nation land;

(j) the general = rules and=20 procedures that apply in respect of the granting or expropriation = by the=20 first nation of interests or rights in first nation = land;

(4) Paragraph = 6(3)(b) of the Act is replaced by the = following:

(b) a description = of the=20 interests or rights and licences that have been granted by Her = Majesty in=20 or in relation to that land, and the date and other terms of the = transfer=20 to the first nation of Her Majesty=E2=80=99s rights and = obligations as grantor of=20 those interests or rights and licences;

-- 2007, c. 17, s. 3:

3. Subsection 7(2) of the Act is replaced = by the=20 following:

Condition

(2) A portion of a reserve may not be = excluded=20 from a land code if the exclusion would have the effect of placing = the=20 administration of a lease, other interest or a right in that land = in more=20 than one land management regime.

-- 2007, c. 17, s. 4:

4. Subsection 10(4) of the Act is = replaced by the=20 following:

Third parties

(4) If other persons have an interest = or right in=20 the land that is to be subject to the proposed land code, the = council=20 shall, within a reasonable time before the vote, take appropriate = measures=20 to inform those persons of the proposed land code, this Act and = the date=20 of the vote.

-- 2007, c. 17, s. 5:

5. Section 16 of the Act is replaced by = the=20 following:

Effect

16. (1) = After the=20 coming into force of a land code, no interest or right in or = licence in=20 relation to first nation land may be acquired or granted except in = accordance with the land code of the first nation.

Interests or rights of third = parties

(2) Subject to subsections (3) and (4), = interests=20 or rights in and licences in relation to first nation land that = exist on=20 the coming into force of a land code continue in accordance with = their=20 terms and conditions.

Transfer of rights of Her = Majesty

(3) On the coming into force of the = land code of=20 a first nation, the rights and obligations of Her Majesty as = grantor in=20 respect of the interests or rights and the licences described in = the first=20 nation=E2=80=99s individual agreement are transferred to the first = nation in=20 accordance with that agreement.

Interests and rights of first nation=20 members

(4) Interests or = rights in=20 first nation land held on the coming into force of a land code by = first=20 nation members pursuant to allotments under subsection 20(1) of = the=20 Indian Act or pursuant to the custom of the first nation = are=20 subject to the provisions of the land code governing the transfer = and=20 lease of interests or rights in first nation land and sharing in = natural=20 resource revenues.

-- 2007, c. 17, s. 6:

6. Subsection 17(1) of the Act is = replaced by the=20 following:

Obligation of first nation

17. (1) A = first nation=20 shall, in accordance with the Framework Agreement and following = the=20 community consultation process provided for in its land code, = establish=20 general rules and procedures, in cases of breakdown of marriage,=20 respecting the use, occupation and possession of first nation land = and the=20 division of interests or rights in first nation=20 land.

-- 2007, c. 17, s. 7:

7. (1) Paragraph = 18(1)(b) of the Act is replaced by the = following:

(b) grant = interests or rights=20 in and licences in relation to that land;

(2) Paragraph = 18(2)(a) of the Act is replaced by the = following:

(a) acquire and = hold=20 property;

-- 2007, c. 17, s. 8:

8. (1) Paragraph = 20(1)(a) of the Act is replaced by the = following:

(a) interests or = rights in=20 and licences in relation to first nation land;

(2) Paragraph = 20(2)(b) of the Act is replaced by the = following:

(b) subject to = section 5, the=20 creation, acquisition and granting of interests or rights in and = licences=20 in relation to first nation land and prohibitions in relation=20 thereto;

-- 2007, c. 17, s. 9:

9. (1) The = portion of=20 subsection 25(3) of the Act before paragraph (b)=20 is replaced by the following:

Regulations

(3) The Governor in Council may, on the = recommendation of the Minister and in accordance with the = Framework=20 Agreement, make regulations respecting the administration of the = First=20 Nation Land Register, the registration of interests or rights in = it and=20 the recording of any other matter, including but not limited to=20 regulations respecting=20

(a) the effects = of=20 registering interests or rights, including priorities;

(2) Paragraph = 25(3)(b) of the English version of the Act is = replaced by=20 the following:

(b) the payment = of fees for=20 the registration of interests or rights and for any other service = in=20 relation to the Register;

-- 2007, c. 17, s. 10:

10. Subsection 26(2) of the Act is = replaced by the=20 following:

Expropriation

(2) Interests or rights in first nation = land may=20 not be expropriated except by Her Majesty or a first nation in = accordance=20 with the Framework Agreement and this Act.

-- = 2007, c. 17, s. 11:

11. (1) = Subsections 28(1) and=20 (2) of the Act are replaced by the following:

Expropriation by a first nation

28. (1) A = first nation=20 may, in accordance with the general rules and procedures contained = in its=20 land code, expropriate any interest or right in its first nation = land=20 that, in the opinion of its council, is necessary for community = works or=20 other first nation community purposes.

Exception

(2) An interest or right in first = nation land=20 obtained under section 35 of the Indian Act or held by Her = Majesty=20 is not subject to expropriation by a first nation.

(2) Subsection = 28(3) of=20 the English version of the Act is replaced by the = following:

Effective date

(3) Subsections 28(4) and (5) of the = Act are=20 replaced by the following:

Effect of expropriation

(4) An expropriated interest becomes = the property=20 of the first nation free of any previous claim or encumbrance. In = Quebec,=20 a first nation becomes the holder of an expropriated right free of = any=20 previous right, charge or claim.

Compensation

(5) A first nation shall pay fair = compensation to=20 the holder of an expropriated interest or right and, in = determining that=20 compensation, the first nation shall apply the rules set out in = the=20 Expropriation Act, with such modifications as the = circumstances=20 require.

-- 2007, c. 17, s. 12:

12. (1) Subsection = 29(1) of=20 the Act is replaced by the following:

Expropriation by Her Majesty

29. (1) An = interest or=20 right in first nation land may be expropriated by Her Majesty for = the use=20 of a federal department or agency and with the consent and by = order of the=20 Governor in Council.

(2) Paragraphs 29(3)(b) and (c) of = the Act are=20 replaced by the following:

(b) reasonable = efforts have=20 been made to acquire the interest or right through agreement with = the=20 first nation;

-- 2007, c.=20 17, s. 13:

13. (1) The = portion of section=20 30 of the Act before paragraph (a) is = replaced=20 by the following:

Partial expropriation

30. If less than the full interest of = a first=20 nation, or less than the entire right of a first nation, in first = nation=20 land is expropriated by Her Majesty,

(2) Paragraph 30(a) of=20 the English version of the Act is replaced by the = following:

(a) the land in = which an=20 interest or right is expropriated continues to be first nation = land and=20 subject to the provisions of the land code and first nation laws = that are=20 not inconsistent with the expropriation; and

-- = 2007, c. 17, s. 14:

14. (1) The = portion of=20 subsection 31(1) of the Act before paragraph (a)=20 is replaced by the following:

Compensation

31. (1) = Where an=20 interest or right in first nation land is expropriated by Her = Majesty,=20 compensation shall be provided to the first nation consisting=20 of

(2)=20 Subsection 31(2) of the English version of the Act is replaced by = the=20 following:

Land of a lesser area

(2) Land provided to a first nation as=20 compensation may be of an area that is less than the area of the = land in=20 which an interest or right has been expropriated if the total area = of the=20 land comprised in a reserve of the first nation is not less = following the=20 expropriation than at the coming into force of its land=20 code.

(3)=20 Paragraph 31(3)(a) of the Act is = replaced by the=20 following:

(a) the market = value of the=20 expropriated interest or right or of the land in which an interest = or=20 right has been expropriated;

(4) Paragraph 31(3)(d)=20 of the Act is replaced by the following:

(d) any reduction = in the=20 value of any interest or right in first nation land that is not=20 expropriated;

(5) Subsection 31(6) of the Act is = replaced by=20 the following:

Limit

(6)=20 Any claim or encumbrance in respect of an interest expropriated by = Her=20 Majesty may only be made or discharged against the compensation = paid under=20 this section. In Quebec, any right, charge or claim in respect of = a right=20 expropriated by Her Majesty may only be made or discharged against = the=20 compensation paid under this section.

-- 2007, c. 17, s. 15:

15. (1) = Subsections 32(1) and=20 (2) of the Act are replaced by the following:

Restitution

32. (1) An = interest or=20 right in first nation land expropriated by Her Majesty that is no = longer=20 required for the purpose for which it was expropriated shall = revert to the=20 first nation and, if the full interest or the entire right of the = first=20 nation was expropriated, it shall be returned to the first nation = in=20 accordance with terms and conditions negotiated by the first = nation and=20 the expropriating department or agency.

Improvements

(2) When an interest or right reverts = or is=20 returned to a first nation, the minister responsible for the = expropriating=20 department or agency shall determine the disposition of any = improvements=20 made to the land.

(2) Subsection 32(3) of the English = version of=20 the Act is replaced by the following:

Dispute

(3)=20 If the first nation and the expropriating department or agency = cannot=20 agree on the terms and conditions of the return of the full = interest or of=20 the entire right, the first nation or the department or agency = may, in=20 accordance with the Framework Agreement, refer the matter to an=20 arbitrator.

-- 2007, c. 17, s. 16:

16. Section 33 of the Act is replaced by = the=20 following:

Expropriation Act

33. Without limiting the generality of = section=20 37, in the event of any inconsistency or conflict between this Act = and the=20 Expropriation Act in relation to the expropriation of = interests or=20 rights in first nation land by Her Majesty, this Act prevails to = the=20 extent of the inconsistency or conflict.

-- 2007, c. 17, s. 17:

17. Subsections 38(2) and (3) of the Act = are=20 replaced by the following:

Leasehold interests or = leases

(2) Subsection 89(1.1) of the Indian = Act=20 continues to apply to leasehold interests or leases in any first = nation=20 land that was designated land on the coming into force of a first = nation=E2=80=99s=20 land code.

Application

(3) A land code may extend the = application of=20 subsection 89(1.1) of the Indian Act, or any portion of it, = to=20 other leasehold interests or leases in first nation=20 land.

-- 2007, c. 17, s. 18:

18. Paragraph 39(1)(b) of=20 the Act is replaced by the following:

(b) applies in = respect of an=20 interest or right in first nation land that is granted to Her = Majesty for=20 the exploitation of oil and gas pursuant to a land=20 code.


Last updated: 2007-10-05	=20	Important=20 Notices


Last updated: = 2007-10-05=20	=20	Important=20 Notices

Last = updated:=20 2007-10-05

=20

Important=20 Notices=20 =