PART 4Various Measures (continued)
DIVISION 111999, c. 24First Nations Land Management Act (continued)
Amendments to the Act (continued)
359 Section 7.2 of the Act is replaced by the following:
Marginal note:Inclusion of previously excluded land
7.2 A First Nation shall amend the description of First Nation land in its land code to include a portion of a reserve or of a parcel of lands set aside that was excluded under subsection 7(1) or land that was excluded under subsection 7.1(1) if the First Nation and the Minister agree that the condition that justified the exclusion no longer exists, and the individual agreement shall be amended accordingly.
(b) determine whether the conduct of a community approval process is in accordance with the process confirmed under paragraph (a), unless a ratification officer is appointed under section 8.1; and
(2) Subsection 8(2) of the Act is replaced by the following:
(2) The verifier shall determine any dispute arising between a First Nation and the Minister before a land code comes into force regarding the terms of the transfer of administration of land or the exclusion of a portion of a reserve or of a parcel of lands set aside from the application of a land code.
361 The Act is amended by adding the following after section 8:
Marginal note:Appointment of ratification officer
8.1 A First Nation may appoint a ratification officer who shall determine whether the conduct of a community approval process is in accordance with the process confirmed under paragraph 8(1)(a).
362 Subsections 10(2) and (3) of the Act are replaced by the following:
Marginal note:Eligibility to vote
(2) Every person who is 18 years of age or over and who is a First Nation member, whether or not resident on the land that is subject to the proposed land code, is eligible to vote in the community approval process.
Marginal note:Information to be provided
(3) The council shall, before proceeding to obtain community approval, take reasonable measures, such as those described in the Framework Agreement, to locate voters and inform them of their right to vote, the means of exercising that right and the content of the Framework Agreement, this Act, any resolutions made under subsection 12(2), the proposed land code and the individual agreement.
Marginal note:Vote using electronic means
(3.1) The council may conduct a vote by electronic means.
363 Section 12 of the Act is replaced by the following:
Marginal note:Ratification officer
11.1 If a ratification officer is appointed under section 8.1, he or she shall perform the duties and functions of the verifier that are set out in section 11. The ratification officer shall also send the report referred to in subsection 11(3) to the verifier.
Marginal note:Approval by members
12 (1) Subject to subsection (2), a proposed land code and an individual agreement that have been submitted for community approval are approved if a majority of eligible voters who participated in the vote voted to approve them.
(2) A council may, by resolution,
(a) without delay, a copy of the approved code; and
(2) Subsection 13(2) of the Act is replaced by the following:
Marginal note:Report of irregularity
(2) An eligible voter may, within five days after the conclusion of a vote, report any irregularity in the voting process to the verifier.
14 (1) The verifier shall, after receiving the documents referred to in subsection 13(1), certify the validity of the land code unless the verifier, after giving the First Nation a reasonable opportunity to make submissions on the matter but within 10 days after the conclusion of the vote, is of the opinion that
(2) Section 14 of the Act is amended by adding the following after subsection (1):
Marginal note:Report of ratification officer
(1.1) If a ratification officer is appointed under section 8.1, the verifier shall certify the validity of the land code only after receiving the ratification officer’s report under section 11.1. The 10-day period referred to in subsection (1) begins after the day on which the verifier receives that report.
Marginal note:Coming into force
15 (1) Subject to subsection (1.1), a land code comes into force and has the force of law on the day that is specified in the land code, and judicial notice shall be taken of the land code in any proceedings from the date of the coming into force of that land code.
(2) Subsection 15(2) of the Act is replaced by the following:
Marginal note:Land code accessible to public
(2) Without delay after the coming into force of the land code of a First Nation or of any amendment to the land code, the First Nation shall publish the land code on its website, if it has one. The First Nation shall also make a copy of it available, on request, to any person.
367 Section 16 of the Act is amended by adding the following after subsection (4):
Marginal note:Designations under Indian Act
(5) The terms of any designations made under the Indian Act before the coming into force of a land code do not restrict the First Nation and the holder of an interest or right in or a licence in relation to First Nation land from modifying that interest, right or licence after the coming into force of the land code.
368 Section 17 of the Act and the heading before it are repealed.
369 Section 19 of the Act is replaced by the following:
Marginal note:Transfer of moneys
19 (1) Subject to section 46.1, on the coming into force of the land code of a First Nation, all revenue moneys and capital moneys 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. All revenue moneys and capital moneys collected or received by Her Majesty for the use and benefit of the First Nation or its First Nation members after the transfer are not Indian moneys and shall be transferred to the First Nation.
Marginal note:Her Majesty not liable
(2) Her Majesty is not liable in respect of anything done or omitted to be done in relation to the management of revenue moneys or capital moneys transferred to a First Nation under this Act by the First Nation or any person or body authorized by the First Nation to act in relation to those moneys.
(c) the rules and procedures that apply, during a conjugal relationship, when that relationship breaks down or on the death of a spouse or common-law partner, with respect to
(i) the use, occupation and possession of family homes on First Nation land,
(ii) the division of the value of any interests or rights held by spouses or common-law partners in or to First Nation land or structures on First Nation land, and
(iii) the period of cohabitation in a conjugal relationship required for an individual to be a common-law partner;
(d) limits on the liability of, and defences and immunities for, any person or body in respect of an act or omission occurring in the exercise of a power or the performance of a duty or function under a First Nation law or the land code; and
(e) any matter arising out of or ancillary to the exercise of the power to enact laws under paragraphs (a) to (d).
(2) Subsection 20(3) of the Act is replaced by the following:
Marginal note:Contents of First Nation law
(2.1) A First Nation law enacted under paragraph (1)(c) may include, despite subsection 89(1) of the Indian Act, provisions for enforcing, on First Nation land, an order of a court that includes one or more provisions made under the law or a decision made or an agreement reached under the law.
Marginal note:Notice to provincial Attorney General
(2.2) If the council of a First Nation intends to enact a First Nation law under paragraph (1)(c), the council shall so notify the Attorney General of the province in which the First Nation land is situated. If the First Nation law is enacted, the council shall, without delay, send a copy to that Attorney General.
(2.3) In the event of any inconsistency or conflict between the provisions of a First Nation law enacted under paragraph (1)(c) and the provisions of a law enacted under section 7 of the Family Homes on Reserves and Matrimonial Interests or Rights Act, the provisions of the First Nation law enacted under paragraph (1)(c) prevail to the extent of the inconsistency or conflict.
Marginal note:Limit — liability, defences and immunities
(2.4) A First Nation law enacted under paragraph (1)(d) shall not provide for greater limits on liability, defences and immunities than those that would apply to a person or body exercising a similar power or performing a similar duty or function under the laws of the province in which the First Nation land is situated.
Marginal note:Enforcement measures
(3) A First Nation law may provide for enforcement measures, consistent with federal laws or the laws of the province in which the First Nation land is situated, such as the power to inspect, search and seize and to order compulsory sampling, testing and the production of information.
Marginal note:Enforcement of payment of amounts
(3.1) If a First Nation has, under another Act of Parliament, enacted laws or made by-laws respecting the enforcement of laws or by-laws respecting the taxation for local purposes of reserve lands, interests or rights in reserve lands or rights to occupy, possess or use reserve lands, the First Nation may use the enforcement measures provided for in those laws or by-laws to enforce the payment of any amount payable to the First Nation under its First Nation laws or its land code.
(3.2) Subsection (3.1) does not apply to the enforcement of the payment of any amount payable to a First Nation under
(3.3) A First Nation may enter into an agreement with a government or government agency respecting the collection of any amount payable to the First Nation under its First Nation laws or its land code.
(3) Section 20 of the Act is amended by adding the following after subsection (4):
(5) The following definitions apply in this section.
- family home
family home means a structure — that need not be affixed but that must be situated on First Nation land — where the spouses or common-law partners habitually reside or, if they have ceased to cohabit or one of them has died, where they habitually resided on the day on which they ceased to cohabit or the death occurred. If the structure is normally used for a purpose in addition to a residential purpose, this definition includes only the portion of the structure that may reasonably be regarded as necessary for the residential purpose. (foyer familial)
spouse has the same meaning as in subsection 2(1) of the Family Homes on Reserves and Matrimonial Interests or Rights Act. (époux)
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