Bill C-75

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First Reading

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	2nd Session, 35th Parliament, 45 Elizabeth II, 1996
	The House of Commons of Canada
	BILL C-
	An Act providing for the ratification and the bringing into effect of the Framework Agreement on First Nation Land Management
Preamble	WHEREAS Her Majesty the Queen in right of Canada and a specific group of first nations entered into a Framework Agreement on First Nation Land Management on February 12, 1996 regarding the management by first nations of their lands;
	AND WHEREAS the ratification by Her Majesty of the Agreement requires the enact ment by Parliament of a statute ratifying the Agreement;
	NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as fol lows:

	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'' « habile à voter »	``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 that is a party to the Framework Agreement.
``first nation land'' « terres de la première nation »	``first nation land'' means land in a reserve to which a land code applies and includes all the interests and resources of the land that are within the legislative authority of Parliament.
``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.
``Framework Agreement'' « accord- cadre »	``Framework Agreement'' means the Frame work Agreement on First Nation Land Management concluded between Her Majesty in right of Canada and the first nations on February 12, 1996, tabled in the House of Commons for the Minister on , 1996, and includes any amendments to the Agreement made pursuant to that Agreement.
``individual agreement'' « accord spécifique »	``individual agreement'' means an agreement entered into between Her Majesty in right of Canada and a first nation in accordance with the Framework Agreement and sub section 6(4).
``interest'' « droits réels »	``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 that land.
``licence'' « droit d'usage »	``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 »	``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.
	HER MAJESTY
Binding on Her Majesty	3. This Act is binding on 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 amend ment 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 such regional offices of that Department and other places as the Minister considers advisable.
Title to first nation land	5. For greater certainty, except where first nation land is exchanged in accordance with section 26,
	(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) Where a first nation wishes to establish a land management regime in accordance with the Framework Agreement and this Act, it shall adopt a land code in relation to all land in the reserve of the first nation which shall include the following matters:
	(a) the legal description of the first nation land that is subject to the land code;
	(b) the general rules and procedures that apply
	(i) to the use and occupancy of first nation land, including the license or lease of that land, and
	(ii) to the transfer, by testamentary disposition or succession, of any interest in that land;
	(c) the general rules and procedures respecting revenues from natural resources obtained from first nation land;
	(d) the requirements for accountability to first nation members for the management of first nation land and moneys;
	(e) the rules that apply to the enactment and publication of first nation laws;
	(f) the rules that apply to conflicts of interest in the management of first nation land;
	(g) the establishment or identification of a forum for the resolution of disputes in relation to interests in first nation land;
	(h) the general rules and procedures that apply to the first nation when acquiring, granting or expropriating interests in first nation land;
	(i) the general rules and procedures for the delegation, by the first nation, of its authority to manage first nation land;
	(j) the procedure that applies to an approval of an exchange of first nation land;
	(k) the procedures for amending the land code; and
	(l) the rights of persons lawfully in possession of first nation land to transfer and lease interests in first nation land and share in natural resource revenues.
Land management regime	(2) For greater certainty, where 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.
Effect	(3) No interest in or licence in relation to first nation land shall, on the coming into force of a land code, be acquired or granted except in accordance with the land code of the first nation.
Individual agreement	(4) In addition to the requirements of subsection (1), before the first nation establishes a land management regime it shall enter into an individual agreement providing for
	(a) the description of the interests in and licences in relation to first nation land that are to be transferred by Her Majesty in right of Canada;
	(b) the date and terms of the transfer;
	(c) the terms of the transfer of administration of first nation land;
	(d) the interim environmental assessment process regime that will apply to projects on first nation land; and
	(e) any other relevant matter.
Exclusion	7. (1) Notwithstanding subsection 6(1), a portion of a reserve may be excluded from a land code only if
	(a) it is in an environmentally unsound condition that cannot be remedied by measures that are technically and financial ly 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 Government of Canada agree that, for any other reason, its exclusion is justifiable.
Condition	(2) A portion of a reserve shall not be excluded from a land code if
	(a) the exclusion would have the effect of placing the administration of a lease, or other interest in the land, in more than one land management regime; or
	(b) the portion can not be surveyed under Part II of the Canada Lands Surveys Act.
Exclusion no longer valid	(3) A first nation shall amend the legal description of the first nation land in its land code to include a portion excluded under subsection (1) where the first nation and the Government of Canada agree that the condition that justified the exclusion no longer exists.
	Verification
Appointment of verifier	8. (1) The Minister and a first nation shall jointly appoint a verifier, to be chosen from the list established in accordance with the Framework Agreement, who shall
	(a) determine whether a proposed land code and community approval process are in accordance with the Framework Agreement and this Act and, where they are in accordance, confirm them;
	(b) determine whether the conduct of a community approval process was 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) In the event of a dispute arising between a first nation and the Government of Canada regarding the exclusion of a portion of a reserve from the application of a land code or the transfer of land management responsibilities, it shall be determined by the verifier.
Notice of determina- tion	9. (1) The verifier shall, within 30 days after receiving a first nation's documents, as required by the Framework Agreement, make a determination pursuant to 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 proposed community approval process is not in accordance with the Frame work Agreement or this Act, the verifier shall give written reasons to the first nation and the Minister.
	Community Approval
Community approval process	10. (1) Where the verifier has determined that a proposed land code and proposed community approval process of a first nation are in accordance with the Framework Agreement and this Act, the council of the first nation may submit the proposed land code and the individual agreement to the first nation members for their approval.
Eligibility to vote	(2) Subject to any resolution referred to in section 13, every person who is 18 years of age or over and a first nation member, whether or not they reside on the reserve of a first nation, is eligible to vote in a community approval process.
Information to be provided	(3) The council shall, before proceeding with obtaining 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, the proposed land code and the individual agreement.
Third parties	(4) The council shall, within a reasonable time before the vote, take appropriate measures to inform other persons having an interest in the land that is to be subject to its land code of the proposed land code, this Act and the date of the vote.
Publication of notice	11. (1) The verifier shall publish a notice of the date, time and place of the vote.
Role of the verifier	(2) The verifier, and any assistants that the verifier may appoint, shall observe the conduct of the vote.
Report	(3) Within 15 days after the conclusion of a vote, the verifier shall send to the first nation and the Minister the verifier's report on the conduct of the vote.
Approval	12. (1) Where a proposed land code and an individual agreement have been submitted for community approval, the code and agreement are approved if
	(a) a majority of eligible voters participated in the vote and a majority of those voters voted to approve them;
	(b) the first nation registered all those eligible voters who signified their intention to vote, in a manner determined by the first nation, and a majority of the registered voters voted to approve them; or
	(c) they are approved by the community in any other manner agreed on by the first nation and the Government of Canada.
Minimum participation	(2) Notwithstanding subsection (1), a pro posed land code and an individual agreement are not approved unless more than 25 per cent of the eligible voters voted to approve them.
Powers of council	13. A council may, by resolution,
	(a) increase the age requirement for voters in respect of a vote on a proposed land code to a maximum of 21 years; and
	(b) increase the minimum percentage of votes required under subsection 12(2).

Bill C-75

BILL C-