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Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)

Assented to 2018-12-13

PART 4Various Measures (continued)

DIVISION 111999, c. 24First Nations Land Management Act

Amendments to the Act

  • 352 (1) The second paragraph of the preamble to the English version of the First Nations Land Management Act is replaced by the following:

    WHEREAS the ratification of the Agreement by Her Majesty requires the enactment of an Act of Parliament;

  • (2) The preamble to the Act is amended by adding the following after the second paragraph:

    AND WHEREAS the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples;

  • 353 (1) The definitions First Nation and First Nation land in subsection 2(1) of the Act are replaced by the following:

    First Nation

    First Nation means a band named in Schedule 1. (première nation)

    First Nation land

    First Nation land means reserve land or lands set aside to which a land code applies. It includes all the interests or rights in, and resources of, the land that are within the legislative authority of Parliament. (terres de la première nation)

  • (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

    lands set aside

    lands set aside means land in Yukon that is reserved or set aside by notation in the property records of the Department of Indian Affairs and Northern Development for the use of Indigenous peoples in Yukon. (terres mises de côté)

  • 354 (1) Paragraphs 5(b) and (c) of the Act are replaced by the following:

    • (b) reserve land to which a land code applies continues to be set apart for the use and benefit of the First Nation for which it was set apart; and

    • (c) reserve land to which a land code applies continues to be land reserved for the Indians within the meaning of Class 24 of section 91 of the Constitution Act, 1867.

  • (2) The Act is amended by adding the following after section 5:

    Marginal note:Lands set aside

    5.1 For greater certainty, lands set aside to which a land code applies are not a reserve.

  • 355 (1) The portion of subsection 6(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Adoption of land code

    • 6 (1) A First Nation that wishes to establish a land management regime in accordance with the Framework Agreement and this Act shall adopt a land code applicable to all land in a reserve of, or in a parcel of lands set aside for, the First Nation and that land code shall include the following matters:

  • (2) Paragraph 6(1)(f) of the Act is repealed.

  • (3) Subsection 6(1) of the Act is amended by striking out “and” at the end of paragraph (l) and by replacing paragraph (m) with the following:

    • (m) the day on which the land code will come into force, which may be the day on which the validity of the land code is certified or a later day that is within six months after that day; and

    • (n) the procedures for amending the land code.

  • (4) Subsection 6(2) of the Act is replaced by the following:

    • Marginal note:For greater certainty

      (2) For greater certainty, a First Nation may establish a land management regime for any or all of its reserves or parcels of lands set aside.

356 Section 6.1 of the Act is replaced by the following:

Marginal note:Reserve set apart for more than one First Nation

  • 6.01 (1) All of the First Nations for whose use and benefit a reserve has been set apart may, in accordance with the Framework Agreement and this Act, establish a land management regime applicable to all land in the reserve if

    • (a) each of those First Nations has a land code in force;

    • (b) each of those First Nations amends their land code to include

      • (i) a description of the land that the Surveyor General may prepare or cause to be prepared or any other description that is, in the Surveyor General’s opinion, sufficient to identify the land,

      • (ii) uniform rules and procedures for the management of the land, including the matters described in paragraphs 6(1)(b) to (l), and

      • (iii) uniform rules and procedures for the resolution of disputes between the First Nations concerning the management of the land; and

    • (c) the individual agreements between each of those First Nations and the Minister are amended to include a description of the land in the reserve and to provide for the matters described in paragraphs 6(3)(a) to (d) in relation to that land.

  • Marginal note:Coming into force of amendments

    (2) The amendments to the land codes come into force on the first day on which all of the amended individual agreements have been signed by the First Nations and the Minister or on a later date that is agreed to by all of the First Nations and the Minister.

  • Marginal note:Uniformity

    (3) The land codes of the First Nations referred to in subsection (1) shall, to the extent that the land codes apply to the reserve referred to in that subsection, remain uniform.

  • Marginal note:Powers, duties or functions

    (4) Any powers, duties or functions that may be exercised or performed under this Act by a First Nation or its council in relation to a reserve referred to in subsection (1) shall be exercised or performed jointly, in accordance with their land codes, by all of the First Nations for whose use and benefit the reserve has been set apart, by their councils or by a person or body to whom a power, duty or function is delegated by those First Nations.

  • Marginal note:Coming into force of land code

    (5) For the purposes of section 16, subsection 31(2) and sections 34, 38 and 39, as they apply in relation to a reserve referred to in subsection (1), the coming into force of the land code is deemed to be the day on which the amendments to the land codes come into force in accordance with subsection (2).

Marginal note:Survey not mandatory

6.1 If the Surveyor General prepares or causes to be prepared a description of lands under paragraph 6(1)(a) or 6.01(1)(b), the Surveyor General may, if he or she considers it appropriate, survey or have those lands surveyed in accordance with the Canada Lands Surveys Act.

  • 357 (1) The portion of subsection 7(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Excluded land

    • 7 (1) Despite subsections 6(1) and 6.01(1), a portion of a reserve or of a parcel of lands set aside may be excluded from the application of a land code if

  • (2) Subsection 7(2) of the English version of the Act is replaced by the following:

    • Marginal note:Condition

      (2) A portion of a reserve or of a parcel of lands set aside shall not be excluded from a land code if the exclusion would have the effect of placing the administration of a lease, other interest or a right in that land in more than one land management regime.

  • 358 (1) Subsection 7.1(1) of the Act is replaced by the following:

    Marginal note:Exclusion — boundaries uncertain

    • 7.1 (1) Despite subsections 6(1) and 6.01(1), land may be excluded from the application of a land code if it is uncertain whether the land is located within the boundaries of the reserve or of the parcel of lands set aside.

  • (2) Subsection 7.1(3) of the Act is replaced by the following:

    • Marginal note:Limitation — effects of exclusion

      (3) The exclusion of the land does not preclude the First Nation or Her Majesty from asserting in an action, a lawsuit or other proceeding that the land is part of the reserve or of the parcel of lands set aside.

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