Skip to main content

Bill C-75

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

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

Compensation

30. (1) Where an interest in first nation land is expropriated in accordance with section 28, the Government of Canada shall pay com pensation to the first nation whose interest has been expropriated, which shall include land that, when accepted by that first nation, will become first nation land and that shall be

    (a) subject to subsection (2), of an area equal to or greater than the area of the land in which an interest has been expropriated; or

    (b) of a value comparable to the value of the land in which an interest has been expro priated, unless additional compensation is paid.

Land of a lesser area

(2) Land provided as compensation may only be of an area that is less than the area described in paragraph (1)(a) if the total area of the first nation land of a first nation, as determined on the coming into force of the land code of the first nation, is not reduced.

Determina-
tion of compensation

(3) Compensation shall be determined in accordance with the following factors:

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

    (b) the replacement value of any improve ment to the land;

    (c) damage resulting from any disturbance attributable to the expropriation;

    (d) the value of any special economic advantage arising out of or incidental to the occupation or use of the land in which an interest has been expropriated to the extent that that value is not otherwise compen sated;

    (e) any reduction in the value of any interest in first nation land that is not expropriated; and

    (f) any adverse effect on any cultural or other special value of the first nation land to the first nation.

Interest

(4) Interest is payable on compensation by the Government of Canada, at the prejudg ment interest rate that is paid in civil proceed ings in the superior court of the province where the land in which an interest has been expropriated is located, from the date of the expropriation.

Dispute

(5) Where an agreement on compensation cannot be reached between the Government of Canada and a first nation, the Government of Canada or the first nation may, in accordance with the Framework Agreement, refer the matter to an arbitrator.

Limit

(6) Any claim or encumbrance in respect of an interest expropriated in accordance with section 28 shall only be made against the compensation paid under this section.

Restitution

31. (1) Where an interest of a first nation has been expropriated in accordance with section 28 and the interest is no longer required for the purpose for which it was expropriated, it shall revert to the first nation and, where the full interest of a first nation has been expropriated, it shall be returned to the first nation in accordance with the terms and conditions negotiated by that first nation and the Govern ment of Canada.

Improvements

(2) Where an interest is returned under subsection (1), the minister responsible for the expropriating department or agency shall determine the disposition of any improve ments made to the land.

Dispute

(3) Where the first nation or the Govern ment of Canada cannot agree on the terms and conditions of a return of an interest under subsection (1), the first nation or the Govern ment of Canada may, in accordance with the Framework Agreement, refer the matter to an arbitrator.

Expropria-
tion Act

32. Where there is any inconsistency or conflict between the provisions of this Act that apply to the expropriation by the Government of Canada of interests in first nation land, and the provisions of the Expropriation Act, this Act prevails to the extent of the inconsistency or conflict.

LIABILITY

First nation not liable

33. (1) A first nation is not liable in respect of anything done or omitted to be done by Her Majesty in right of Canada or any person or body authorized by Her Majesty to act in relation to first nation land that occurred before the coming into force of the land code of the first nation.

Indemnifi-
cation of first nation

(2) Her Majesty in right of Canada shall indemnify a first nation 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 in right of Canada is not liable in respect of anything done or omitted to be done by a first nation or any person or body authorized by the first nation to act in relation to first nation land that occurs after the coming into force of the land code of that first nation.

Indemnifi-
cation of Her Majesty

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

IMMUNITY AND JUDICIAL REVIEW

Immunity

34. No criminal or civil proceedings lie against an arbitrator, mediator, neutral evalua tor or verifier appointed under the Framework Agreement or this Act or any member of a board established by section 38 of the Frame work Agreement exercising, in good faith, a power, duty or function pursuant to the Framework Agreement or this Act for any thing done or omitted to be done during the course of the exercise or performance or purported exercise or performance of any power, duty or function of that person under the Framework Agreement or this Act.

No review by court, etc.

35. (1) Subject to subsection (2), every determination of a verifier or arbitrator is final and shall not be questioned or reviewed in any court, except in accordance with the Federal Court Act on the grounds referred to in paragraph 18.1(4)(a) or (b) of that Act.

No review by certiorari, etc.

(2) Except as permitted by subsection (1), no order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, mandamus, prohibi tion, quo warranto or otherwise, to question, review, prohibit or restrain an arbitrator or a verifier appointed under the Framework Agreement or this Act, in any of their proceedings under this Act.

Status of arbitrator or verifier

(3) For the purposes of the Federal Court Act, an arbitrator or a verifier is not a federal board, commission or other tribunal within the meaning of that Act.

OTHER ACTS

Other Acts

36. Where there is any inconsistency or conflict between the provisions of this Act and any provision of any federal law of general application, this Act prevails to the extent of the inconsistency or conflict.

Indian Act

37. (1) On the coming into force of the land code of a first nation, the following do not apply to the first nation, first nation members or first nation land:

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

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

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

Leasehold interests

(2) Subsection 89(1.1) of the Indian Act continues to apply to all leasehold interests in first nation land that, on the coming into force of a land code, was designated land.

Application

(3) A land code may provide that any portion or all of subsection 89(1.1) of the Indian Act applies to leasehold interests in first nation land.

Indian Oil and Gas Act

38. (1) The Indian Oil and Gas Act contin ues to apply to and in respect of the first nation land of a first nation that was subject to that Act on the coming into force of the land code of the first nation.

Indian lands

(2) An interest in first nation land granted to Her Majesty in right of Canada under a land code for the exploitation of oil and gas is deemed to be Indian lands within the meaning of section 2 of the Indian Oil and Gas Act.

Royalties

(3) Notwithstanding any other provision of this Act, section 4 of the Indian Oil and Gas Act continues to apply to royalties from and on oil or gas obtained from first nation land.

Environ-
mental laws

39. (1) For greater certainty, where there is any inconsistency or conflict between the land code of a first nation or the provisions of any law made by a first nation that relate to environmental protection and any provision of any federal law that relates to environmental protection, the provision of the federal law prevails to the extent of the inconsistency or conflict.

Migratory birds, endangered species or fisheries

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

Canadian Environ-
mental Assessment Act

40. Section 10 of the Canadian Environ mental Assessment Act does not apply to a project that is carried out on first nation land.

Emergencies Act

41. For greater certainty, the Emergencies Act continues to apply to first nation land except that any appropriation, requisition or use of first nation land required under that Act shall be expressly authorized by order in council.

Non-
application of Statutory Instruments Act

42. The Statutory Instruments Act does not apply to a land code or a law enacted under subsection 19(1).

TRANSITIONAL

Validity

43. Any act, determination or decision taken or made pursuant to the Framework Agreement, before the day on which this Act comes into force, is deemed, to the extent that the act, determination or deci sion would have been valid under sections 6 to 14 or section 34 or 35 of this Act, to have been validly taken or made under this Act.

CONDITIONAL AMENDMENTS

Bill C-25

44. If Bill C-25, introduced in the second session of the thirty-fifth Parliament and entitled An Act respecting regulations and other documents, including the review, regis tration, publication and parliamentary scru tiny of regulations and other documents, and to make consequential and related amend ments to other Acts, is assented to, then, on the later of the coming into force of that Act and section 42 of this Act, section 42 of this Act is replaced by the following:

Non-
application of Regulations Act

42. The Regulations Act does not apply to a land code or a law enacted under subsection 19(1).

Bill C-65

45. If Bill C-65, introduced in the second session of the thirty-fifth Parliament and entitled An Act respecting the protection of wildlife species in Canada from extirpation or extinction, is assented to, then, on the later of the coming into force of section 2 of that Act and the coming into force of this Act, subsection 39(2) of this Act is replaced by the following:

Migratory birds, species at risk or Fisheries

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

Previous Page Table of Contents Next Page