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Bill C-49

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First Nation Land Register

Establish-
ment

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

Adminis-
tration of Register

(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.

Regulations

(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

    (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 employees who administer the Register; and

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

Limitations on Alienation of First Nation Land

Alienation of land

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.

Expropria-
tion

(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.

Restrictions on exchange

27. (1) A first nation may exchange first nation land only if

    (a) compensation for the first nation land includes land that Her Majesty has agreed will be set apart as a reserve and that is to become first nation land; and

    (b) the Minister has approved the form of the exchange.

Additional compensation

(2) In addition to land referred to in subsection (1), other compensation may be provided including land that will not become first nation land.

Terms and conditions

(3) An exchange of first nation land may be made subject to other 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

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 community purposes.

Exception

(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.

Effective date

(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.

Effect of expropriation

(4) An expropriated interest becomes the property of the first nation free of any previous claim or encumbrance.

Compensa-
tion

(5) A first nation shall pay fair compensation to the holder of an expropriated interest and, in determining that compensation, the first nation shall apply the rules set out in the Expropriation Act, with such modifications as the circumstances require.

Resolution of disputes

(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.

Expropria-
tion by Her Majesty

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.

Consent of Governor in Council

(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.

Matters to be considered

(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:

    (a) there is no other reasonably feasible alternative to the expropriation, such as the use of land that is not first nation land;

    (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 expropriation is provided to the first nation.

Report to be made public

(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).

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.

Improvements

(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.

Expropriation 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.

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