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Bill C-49

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Disputes

(5) If a first nation objects to a proposed expropriation, it may, within sixty 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 may not consent to the expropriation before the expiration of the period referred to in subsection (5) or, if the first nation has referred the matter to a neutral evaluator, before the neutral evaluator has reported on the matter.

Partial expropriation

30. If less than the full interest of a first nation in first nation land is expropriated by Her Majesty,

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

    (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.

Compensa-
tion

31. (1) Where an interest in first nation land is expropriated by Her Majesty, compensation shall be provided to the first nation consisting of

    (a) land that, when accepted by that first nation, will become first nation land; and

    (b) any additional compensation required to achieve the total compensation determined under subsection (3).

Land of a lesser area

(2) Land provided to a first nation as compensation may be of an area that is less than the area of the land in which an interest has been expropriated if the total area of the land comprised in a reserve of the first nation is not less following the expropriation than at the coming into force of its land code.

Determi-
nation of compensation

(3) The total compensation shall be determined taking into account 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 improvement to the land;

    (c) any expenses or losses resulting from a disturbance attributable to the expropriation;

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

    (e) any adverse effect on any cultural or other special value of the land to the first nation; and

    (f) the value of any special economic advantage arising out of or incidental to the occupation or use of the land to the extent that that value is not otherwise compensated.

Interest

(4) Interest is payable on compensation from the effective date of an expropriation at the prejudgment interest rate that is paid in civil proceedings in the superior court of the province in which the land is situated.

Dispute

(5) If an agreement on compensation cannot be reached, the first nation or the expropriating department or agency may refer the matter to an arbitrator in accordance with the Framework Agreement.

Limit

(6) Any claim or encumbrance in respect of an interest expropriated by Her Majesty may only be made or discharged against the compensation paid under this section.

Restitution

32. (1) An interest in first nation land expropriated by Her Majesty that is no longer required for the purpose for which it was expropriated shall revert to the first nation and, if the full interest of the first nation was expropriated, it shall be returned to the first nation in accordance with terms and conditions negotiated by the first nation and the expropriating department or agency.

Improve-
ments

(2) When an interest reverts or is returned to a first nation, the minister responsible for the expropriating department or agency shall determine the disposition of any improvements made to the land.

Dispute

(3) If the first nation and the expropriating department or agency cannot agree on the terms and conditions of the return of the full interest, the first nation or the department or agency may, in accordance with the Framework Agreement, refer the matter to an arbitrator.

Expropria-
tion Act

33. Without limiting the generality of section 37, in the event of any inconsistency or conflict between this Act and the Expropriation Act in relation to the expropriation of interests in first nation land by Her Majesty, this Act prevails to the extent of the inconsistency or conflict.

LIABILITY

First nation not liable

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

Indemnifi-
cation of first nation

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

Indemnifi-
cation of Her Majesty

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

IMMUNITY AND JUDICIAL REVIEW

Immunity

35. No criminal or civil proceedings lie against an arbitrator, mediator, neutral evaluator or verifier appointed under the Framework Agreement or this Act or any member of a board established by section 38 of the Framework Agreement who is, in good faith, exercising a power or performing a duty or function in accordance with the Framework Agreement or this Act for anything done or omitted to be done during the course of the exercise or purported exercise of any power or the performance or purported performance of any duty or function of that person in accordance with the Framework Agreement or this Act.

Determi-
nations final

36. (1) Every determination under this Act or the Framework Agreement by a verifier or arbitrator is final, and no order shall be made, process entered or proceedings taken in any court, whether by way of injunction, certiorari, prohibition, mandamus, quo warranto or otherwise, to question, review or prohibit such a determination.

Actions final

(2) No order shall be made, process entered or proceedings taken in any court, whether by way of injunction, certiorari, prohibition, mandamus, quo warranto or otherwise, to question, review or prohibit any other action under this Act or the Framework Agreement by a verifier or arbitrator or any action under the Framework Agreement by a neutral evaluator.

Review by Federal Court

(3) Notwithstanding subsections (1) and (2), the Attorney General of Canada or anyone directly affected by the matter in respect of which relief is sought may make an application under the Federal Court Act on any of the grounds referred to in paragraph 18.1(4)(a) or (b) of that Act for any relief against a verifier, arbitrator or neutral evaluator by way of an injunction or declaration or by way of an order in the nature of certiorari, prohibition, mandamus or quo warranto.

OTHER ACTS

Other Acts

37. In the event of any inconsistency or conflict between this Act and any other federal law, this Act prevails to the extent of the inconsistency or conflict.

Indian Act

38. (1) On the coming into force of the land code of a first nation, the following cease to apply to the first nation, first nation members and 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 leasehold interests in any first nation land that was designated land on the coming into force of a first nation's land code.

Application

(3) A land code may extend the application of subsection 89(1.1) of the Indian Act, or any portion of it, to other leasehold interests in first nation land.

Indian Oil and Gas Act

39. (1) The Indian Oil and Gas Act

    (a) continues to apply in respect of any first nation land that was subject to that Act on the coming into force of the land code of a first nation; and

    (b) applies in respect of an interest in first nation land that is granted to Her Majesty for the exploitation of oil and gas pursuant to a land code.

Royalties

(2) For greater certainty, the provisions of the Indian Oil and Gas Act respecting the payment of royalties to Her Majesty in trust for a first nation apply, notwithstanding any other provision of this Act, in respect of first nation land referred to in subsection (1).

Environ-
mental laws

40. (1) For greater certainty, in the event of any inconsistency or conflict between a land code or a first nation law and any federal law that relates to environmental protection, the federal law prevails to the extent of the inconsistency or conflict.

Migratory birds, endangered species, 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

41. Section 10 of the Canadian Environmental Assessment Act does not apply to a project carried out on first nation land.

Emergencies Act

42. 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 must be expressly authorized by order of the Governor in Council.

Atomic Energy Control Act

43. (1) Subject to subsection (2), nothing in this Act limits the application of the Atomic Energy Control Act to first nation land.

Expropria-
tion provisions

(2) In the event of any inconsistency or conflict between the provisions of this Act relating to expropriation and the Atomic Energy Control Act, the provisions of this Act prevail to the extent of the inconsistency or conflict.

Non- application of Statutory Instruments Act

44. The Statutory Instruments Act does not apply in respect of a land code or first nation laws.

AMENDMENT OF SCHEDULE

Addition of band to schedule

45. The Governor in Council may, by order, add the name of a band to the schedule if the Governor in Council is satisfied that the signing of the Framework Agreement on behalf of the band has been duly authorized and that the Framework Agreement has been so signed.

TRANSITIONAL PROVISION

Validity

46. (1) Any action taken or determination or decision made under the Framework Agreement before the coming into force of sections 6 to 14, 35 and 36 is deemed, to the extent that it would have been valid under those sections, to have been validly taken or made under this Act.

Coming into force of land code

(2) Notwithstanding subsection (1), a land code may not come into force before the coming into force of this section.

CONDITIONAL AMENDMENT

1997, c. 9

47. On the later of the coming into force of section 43 and the coming into force of the Nuclear Safety and Control Act, section 43 of this Act is replaced by the following:

Acts respecting nuclear energy

43. (1) Subject to subsection (2), nothing in this Act limits the application of the Nuclear Safety and Control Act and the Nuclear Energy Act to first nation lands.

Expropria-
tion provisions

(2) In the event of any inconsistency or conflict between the provisions of this Act relating to expropriation and the Nuclear Energy Act, the provisions of this Act prevail to the extent of the inconsistency or conflict.

COMING INTO FORCE

Order of Governor in Council

48. Section 45 comes into force on a day to be fixed by order of the Governor in Council after the completion of a review of the Framework Agreement in accordance with its provisions and any consultations that the Governor in Council may require.

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