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Bill C-75

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Certification and Coming Into Force

Copy and declaration

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

Report of irregularity

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

Certification

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

    (a) the community approval process was not the same as the process confirmed under paragraph 8(1)(a) or was otherwise irregu lar; and

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

Transmittal

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

Presumption

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

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.

Judicial notice

(2) Judicial notice shall be taken of a land code in any proceedings.

Interests of third parties

16. (1) Subject to subsection (2), interests in and licences in relation to first nation land that exist before the coming into force of a land code continue in accordance with their terms and conditions.

Transfer of interests

(2) On the coming into force of the land code of a first nation, those interests in and licences in relation to first nation land of Her Majesty in right of Canada, described in the individual agreement, are transferred to the first nation in accordance with that agreement.

First nation members

(3) Notwithstanding subsection (1), the rights of first nation members who are lawful ly in possession of first nation land under the Indian Act to transfer and lease interests in first nation land and share in natural resource revenues are subject to the provisions of the land code.

LAND MANAGEMENT REGIME

First Nation Powers

Power to manage

17. (1) A first nation has, on 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, without restricting the generality of the foregoing, may

    (a) exercise the powers, rights and privi leges 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 may

    (a) acquire and hold real and personal property;

    (b) contract;

    (c) borrow;

    (d) expend and invest money; and

    (e) be a party to legal proceedings.

Management body

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

Exercise of power

(4) The council of a first nation shall exercise the powers to manage granted under this section and may delegate, in accordance with the land code of the first nation, any of those powers to any person or body. The council, person or body shall exercise those powers for the use and benefit of the first nation.

Transfer of moneys

18. On the coming into force of the land code of a first nation, all revenue moneys collected, received or held by Her Majesty in right of Canada for the use and benefit of a 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

19. (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, protec tion, management, use and possession of first nation land, and

    (c) any matter arising out of or ancillary to the exercise of powers under this subsec tion.

Other laws

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

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

    (b) subject to section 5, the creation, acquisition and grant of interests in and licences in relation to that land and provid ing for prohibitions in relation thereto;

    (c) environmental assessment and protec tion;

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

    (e) the provision of services for the resolu tion of disputes in relation to that land.

Enforcement

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

Inconsistency

(4) Where there is any inconsistency or conflict between a land code of a first nation and the provisions of any by-law made under section 81 of the Indian Act or any law made by the first nation under this Act, the land code prevails to the extent of the inconsistency or conflict.

Environ-
mental protection

20. (1) In accordance with the Framework Agreement, a first nation shall enter into an agreement with the Government of Canada to protect the environment before the first nation enacts environmental protection laws.

Minimum standards

(2) For the purposes of the agreement referred to in subsection (1), the standards of environmental protection enacted by a first nation and the punishments prescribed for a failure to meet those standards shall be of an effect that is at least equivalent to those standards and punishments provided by the laws of the province in which the first nation land is situated.

Environ-
mental assessment

(3) Environmental assessment laws of a first nation shall provide for the establish ment, in accordance with the Framework Agreement, of an environmental assessment process applicable to any project on first nation land if the first nation approves, regulates, funds or undertakes the project.

Offence and punishment

21. (1) Any law enacted by a first nation 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) Any law enacted by a first nation may adopt or incorporate by reference the summa ry conviction procedures of Part XXVII of the Criminal Code, as amended from time to time.

Means of prosecution

(3) A first nation may determine the manner in which a contravention of a law enacted by the first nation shall be prosecuted, namely,

    (a) by a prosecutor retained by that first nation;

    (b) pursuant to an agreement entered into with the Government of Canada and a provincial government, by a provincial prosecutor; or

    (c) pursuant to an agreement entered into with the Government of Canada, by an agent engaged by the Government of Cana da.

Evidence

22. In any proceeding, 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, evidence of its enactment, of the date of its enactment and of the signature of any person appearing to have signed it.

Appointment of justices of the peace

23. (1) A first nation or, where the Govern ment of Canada and the first nation enter into an agreement in accordance with the Frame work Agreement, the Governor in Council may appoint justices to ensure the enforce ment of any law enacted by that first nation.

Powers

(2) A justice shall have all the powers necessary for the performance of the justice's duties and functions.

Judicial independence

(3) Any justice appointed by a first nation shall be independent and shall be remuner ated, hold office and be subject to conditions of removal so as to reflect that independence.

Appeal

(4) An appeal lies from a decision of a justice 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) Where no justices are appointed, laws enacted by a first nation shall be enforced through a court of competent jurisdiction situated in the province where the first nation land of the first nation is located.

First Nation Lands Register

Establishment

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

Administra-
tion of Register

(2) The First Nation Lands 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 accor dance with the Framework Agreement, make regulations respecting the administration of the First Nation Lands Register, the registra tion of interests and the recording of any other matter in it, 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 em ployees who administer the Register; and

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

Limitations on the Alienation of First Nation Land

Alienation of land

25. First nation land shall not be alienated except where, in accordance with the Frame work Agreement and this Act, the first nation land is exchanged for other land.

Restrictions on exchange

26. (1) A first nation may only exchange first nation land

    (a) for land that Her Majesty in right of Canada has agreed will be set apart as a reserve and that is to become first nation land; and

    (b) where the Minister has approved the manner and form of the exchange.

Additional compensation

(2) First nation land may be exchanged for compensation that is in addition to the land provided under subsection (1) and that may include land that will not become first nation land.

Terms and conditions

(3) The exchange of first nation land may be subject to 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

27. (1) A first nation may, on the coming into force of the land code of the first nation, expropriate any interest in its first nation land that, in the opinion of its council, is necessary for community works and 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 in right of Canada is not subject to expropriation by a first nation.

Effect

(3) An expropriated interest becomes the property of the first nation and is not subject to any previous claim or encumbrance from the day on which the notice of expropriation is registered in the First Nation Lands Register or the 30th day after the day on which the last copy of the notice is served, whichever is the earlier.

Compensation

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

Resolution of disputes

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

Expropria-
tion by Government of Canada

28. (1) An interest in first nation land shall not be expropriated by the Government of Canada except with the consent and by order of the Governor in Council and by and for the use of a department or agency of the Govern ment of Canada.

Consent of Governor in Council

(2) The Governor in Council may only consent to the expropriation 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 shall not consent to the expropriation unless the Gover nor in Council is satisfied that, in addition to any other legal requirements that may apply, the following requirements have been met:

    (a) any other reasonably feasible alternative to expropriation, such as the use of land that is not first nation land, has been considered;

    (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 expropri ation is provided to the first nation.

Report to be made public

(4) Before the Governor in Council con sents to the expropriation, the Government of Canada shall provide a report to the first nation stating the justifications for the ex propriation and describing the steps taken to satisfy the requirements of subsection (3). The report shall be made public.

Disputes

(5) Where a first nation objects to a proposed expropriation, it may, within 60 days after the report has been made public, refer the matter to a neutral evaluator, in accordance with the Framework Agreement.

Time of consent

(6) The Governor in Council shall not consent to the expropriation before the expira tion of the period referred to in subsection (5) or, where the first nation has referred the matter to a neutral evaluator, before the neutral evaluator has reported on the matter.

Partial expropriation

29. Where less than the full interest of a first nation in first nation land is expropriated in accordance with section 28,

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

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