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Bill C-49

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1st Session, 36th Parliament,
46-47-48 Elizabeth II, 1997-98-99

The House of Commons of Canada

BILL C-49

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

Preamble

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

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

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

SHORT TITLE

Short title

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

INTERPRETATION

Definitions

2. (1) The definitions in this subsection apply in this Act.

``council''
« conseil »

``council'', in relation to a first nation, has the same meaning as the expression ``council of the band'' in subsection 2(1) of the Indian Act.

``eligible voter''
« électeur »

``eligible voter'' means a first nation member who is eligible to vote under subsection 10(2).

``first nation''
« première nation »

``first nation'' means a band named in the schedule.

``first nation land''
« terres de la première nation »

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

``first nation law''
« texte législatif »

``first nation law'' means a law referred to in section 20.

``first nation member''
« membre de la première nation »

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

``Frame-
work Agreement''
« accord-
cadre »

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

``individual agreement''
« accord spécifique »

``individual agreement'' means an agreement with a first nation entered into under subsection 6(3).

``interest''
« intérêts »

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

``land code''
« code foncier »

``land code'' means a land code of a first nation referred to in subsection 6(1).

``licence''
« permis »

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

``Minister''
« ministre »

``Minister'' means the Minister of Indian Affairs and Northern Development.

``project''
« projet d'exploita-
tion »

``project'' has the same meaning as in subsection 2(1) of the Canadian Environmental Assessment Act.

Words and expressions in Indian Act

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

Not land claims agreement

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

HER MAJESTY

Binding on Her Majesty

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

GENERAL

Ratification and effect

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

Deposit of copies

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

Title to first nation land

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

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

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

    (c) first nation land continues to be land reserved for the Indians within the meaning of Class 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 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 the first nation, which land code must include the following matters:

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

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

      (i) licences and leases, and

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

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

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

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

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

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

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

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

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

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

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

    (m) the procedures for amending the land code.

Land management regime

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

Individual agreement

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

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

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

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

    (d) any other relevant matter.

Excluded land

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

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

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

    (c) it is uninhabitable or unusable as a result of a natural disaster; or

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

Condition

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

Exclusion no longer valid

(3) A first nation shall amend the legal description of first nation land in its land code to include a portion excluded under subsection (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.

Verification

Appointment of verifier

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

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

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

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

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 from the application of a land code.

Notice of determina-
tion

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

Reasons

(2) 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 first nation and the Minister.

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