Bill C-49
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Transmittal
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(2) The verifier shall, without delay, send a
copy of the certified land code to the first
nation and the Minister.
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Presumption
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(3) A certified land code is deemed to have
been validly approved by the first nation.
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Coming into Force of Land Code |
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Coming into
force
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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.
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Access to land
code
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(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.
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Effect
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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.
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Interests of
third parties
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(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.
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Transfer of
rights of Her
Majesty
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(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.
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Interests of
first nation
members
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(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.
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Rules on Breakdown of Marriage |
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Obligation of
first nation
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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.
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Establish- ment of rules and procedures
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(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.
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Disputes
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(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.
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LAND MANAGEMENT REGIME |
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First Nation Powers |
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Power to
manage
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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
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Legal capacity
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(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
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Exercise of
power
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(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.
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Management
body
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(4) A body established to manage first
nation land is a legal entity having the
capacity, rights, powers and privileges of a
natural person.
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Transfer of
moneys
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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.
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First Nation Laws |
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Power to
enact laws
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20. (1) The council of a first nation has, in
accordance with its land code, the power to
enact laws respecting
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Particular
powers
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(2) Without restricting the generality of
subsection (1), first nation laws may include
laws respecting
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Enforcement
measures
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(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.
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Inconsistency
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(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.
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Environ- mental protection
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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.
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Minimum
standards
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(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.
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Environ- mental assessment
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(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.
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Offences and
punishment
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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.
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Incorporation
by reference
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(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.
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Prosecution
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(3) A first nation may, in relation to
prosecutions of contraventions of first nation
laws,
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Evidence
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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.
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Appointment
of justices of
the peace
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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.
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Judicial
independence
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(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.
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Powers
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(3) Justices of the peace have all the powers
necessary for the performance of their duties
and functions.
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Appeals
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(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.
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Courts of a
province
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(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.
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First Nation Land Register |
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Establish- ment
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25. (1) The Minister shall establish a
register to be known as the First Nation Land
Register.
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Adminis- tration of Register
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(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.
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Regulations
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(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
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Limitations on Alienation of First Nation Land |
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Alienation of
land
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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.
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Expropria- tion
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(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.
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Restrictions
on exchange
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27. (1) A first nation may exchange first
nation land only if
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Additional
compensation
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(2) In addition to land referred to in
subsection (1), other compensation may be
provided including land that will not become
first nation land.
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Terms and
conditions
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(3) An exchange of first nation land may be
made subject to other terms and conditions.
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Community
approval
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(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.
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Expropria- tion by a first nation
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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.
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Exception
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(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.
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Effective date
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(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.
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Effect of
expropriation
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(4) An expropriated interest becomes the
property of the first nation free of any previous
claim or encumbrance.
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Compensa- tion
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(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.
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Resolution of
disputes
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(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.
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Expropria- tion by Her Majesty
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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.
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Consent of
Governor in
Council
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(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.
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Matters to be
considered
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(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:
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Report to be
made public
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(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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