First Nations Commercial and Industrial Development Act (S.C. 2005, c. 53)

Act current to 2019-06-20 and last amended on 2012-07-06. Previous Versions

Regulations (continued)

Marginal note:Conditions for making regulations

  •  (1) Regulations may not be made under section 3 or 4.1 in respect of reserve lands of a first nation unless

    • (a) the Minister has received a resolution of the council of the first nation requesting that the Minister recommend to the Governor in Council the making of those regulations; and

    • (b) if the regulations specify a provincial official by whom, or body by which, a power may be exercised or a duty must be performed, an agreement has been concluded between the Minister, the province and the council of the first nation for the administration and enforcement of the regulations by that official or body.

  • Marginal note:Dispute resolution

    (2) An agreement referred to in paragraph (1)(b) may provide for the arbitration, in accordance with the laws of the province, of disputes arising from the interpretation or application of that agreement, in which case the Commercial Arbitration Act does not apply to the dispute.

  • Marginal note:Non-application

    (3) Subsection (1) does not apply to the amendment or repeal of regulations made under section 3 or 4.1.

  • 2005, c. 53, s. 5
  • 2010, c. 6, s. 5

Marginal note:Conflict with regulations under another Act

 Regulations made under any other Act of Parliament prevail over regulations made under section 3 to the extent of any conflict or inconsistency between them, unless otherwise provided in the regulations made under that section.

Marginal note:Conflict with first nation laws or by-laws

 Regulations made under section 3 or 4.1 prevail over any laws or by-laws made by a first nation to the extent of any conflict or inconsistency between them, unless those regulations provide otherwise.

  • 2005, c. 53, s. 7
  • 2010, c. 6, s. 6

Other Acts

Marginal note:Statutory Instruments Act

 The Statutory Instruments Act does not apply to any instruments made by a provincial official or body under authority of a provincial law incorporated by reference in regulations made under section 3 or 4.1.

  • 2005, c. 53, s. 8
  • 2010, c. 6, s. 6

Marginal note:Federal Courts Act

  •  (1) A provincial official or body that exercises a power or performs a duty under regulations made under section 3 or 4.1 is not a federal board, commission or other tribunal for the purposes of the Federal Courts Act.

  • Marginal note:Review or appeal in provincial courts

    (2) Unless otherwise provided by regulations made under section 3 or 4.1, where a power or duty is conferred or imposed by a provincial law that is incorporated by reference in the regulations, its exercise or performance pursuant to the regulations is subject to review by, or appeal to, the courts of the province in the same manner and to the same extent as if the provincial law applied of its own force.

  • 2005, c. 53, s. 9
  • 2010, c. 6, s. 6

Marginal note:Amounts received

 Fees, charges, fines or other payments collected by a provincial official or body pursuant to regulations made under section 3 are not Indian moneys for the purposes of the Indian Act or public money for the purposes of the Financial Administration Act.

Limits on Liability, Defences and Immunities

Marginal note:Acts and omissions

 In respect of any act or omission occurring in the exercise of a power or the performance of a duty under regulations made under section 3 or 4.1,

  • (a) Her Majesty in right of Canada is entitled to the same limits on liability, defences and immunities as apply to Her Majesty in right of the province under the laws of the province; and

  • (b) the person or body exercising the power or performing the duty is entitled, unless otherwise provided by the regulations, to the same limits on liability, defences and immunities as those that would apply to a person or body exercising such a power or performing such a duty under the laws of the province.

  • 2005, c. 53, s. 11
  • 2010, c. 6, s. 7

Marginal note:Right or interest in reserve lands

 No civil proceeding may be brought, no order may be made and no fine or monetary penalty may be imposed in relation to reserve lands against Her Majesty in right of Canada under regulations made under section 3 based on any right or interest retained by Her Majesty in those lands.

Marginal note:Registration, substitution or extinguishment

 No civil proceeding may be brought against Her Majesty in right of Canada or a province, a federal or provincial official or body or a person acting on behalf of any of them, in relation to the registration of the title or ownership of Her Majesty or a first nation, or of any registrable interest or right referred to in paragraph 4.1(2)(i), or in relation to the substitution or extinguishment of any interest or right in reserve lands pursuant to regulations made under section 4.1.

  • 2010, c. 6, s. 8

Coming into Force

Marginal note:Order in council

Footnote * The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.

 
Date modified: