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Bill C-49

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

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

Transmittal

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

Presumption

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

Coming into Force of Land Code

Coming into force

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

Access to land code

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

Effect

16. (1) After the coming into force of a land code, no interest in or licence in 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 in and licences in relation to first nation land that exist on the coming into force of a land code continue in accordance with their terms and conditions.

Transfer of rights of Her Majesty

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

Interests of first nation members

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

Rules on Breakdown of Marriage

Obligation of first nation

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

Establish-
ment of rules and procedures

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

Disputes

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

LAND MANAGEMENT REGIME

First Nation Powers

Power to manage

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

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

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

    (c) manage the natural resources of that land; and

    (d) receive and use all 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, a first nation has the legal capacity necessary to exercise its powers and perform its duties and functions and, in particular, may

    (a) acquire and hold real and personal property;

    (b) enter into contracts;

    (c) borrow money;

    (d) expend and invest money; and

    (e) be a party to legal proceedings.

Exercise of power

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

Management body

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

Transfer of moneys

19. On the coming into force of the land code of a first nation, all revenue moneys collected, received or 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.

First Nation Laws

Power to enact laws

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

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

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

    (c) any matter arising out of or ancillary to the exercise of that power.

Particular powers

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

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

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

    (c) environmental assessment and environmental protection;

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

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

Enforcement measures

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

Inconsistency

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

Environ-
mental protection

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

Minimum standards

(2) For the purposes of an agreement entered into under subsection (1), 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.

Environ-
mental assessment

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

Offences and punishment

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

Incorporation by reference

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

Prosecution

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

    (a) retain its own prosecutors;

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

    (c) enter into an agreement with Her Majesty for the use of agents engaged by Her Majesty.

Evidence

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

Appointment of justices of the peace

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

Judicial independence

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

Powers

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

Appeals

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

Courts of a province

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

First Nation Land Register

Establish-
ment

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

Adminis-
tration of Register

(2) The First Nation Land Register is to be administered, subject to this section, in the same manner as the Reserve 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 Agreement, make regulations respecting the administration of the First Nation Land Register, the registration of interests in it and the recording of any other matter, including but not limited to regulations respecting

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

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

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

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

Limitations on Alienation of First Nation Land

Alienation of land

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

Expropria-
tion

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

Restrictions on exchange

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

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

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

Additional compensation

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

Terms and conditions

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

Community approval

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

Expropria-
tion by a first nation

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

Exception

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

Effective date

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

Effect of expropriation

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

Compensa-
tion

(5) A first nation shall pay fair compensation to the holder of an expropriated interest and, in determining that compensation, the first nation shall take into account the rules set out in the Expropriation Act.

Resolution of disputes

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

Expropria-
tion by Her Majesty

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

Consent of Governor in Council

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

Matters to be considered

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

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

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

    (c) the most limited interest necessary is expropriated for the shortest time possible; and

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

Report to be made public

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

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