First Nations Land Management Act

Marginal note:Power to enact laws

• 20 (1) The council of a First Nation has, in accordance with its land code, the power to enact laws respecting

  • (a) interests or rights in and licences in relation to First Nation land;

  • (b) the development, conservation, protection, management, use and possession of First Nation land;

  • (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).

• Marginal note:Particular powers

  (2) Without restricting the generality of subsection (1), First Nation laws may include laws respecting

  • (a) the regulation, control or prohibition of land use and development including zoning and subdivision control;

  • (b) subject to section 5, the creation, acquisition and granting of interests or rights in and licences in relation to First Nation land and prohibitions in relation thereto;

  • (c) environmental assessment and environmental protection;

  • (d) the provision of local services in relation to First Nation land and the imposition of equitable user charges for those services; and

  • (e) the provision of services for the resolution of disputes in relation to First Nation land.

• 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.

• Marginal note:Family Homes on Reserves and Matrimonial Interests or Rights Act

  (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.

• Marginal note:Non-application

  (3.2) Subsection (3.1) does not apply to the enforcement of the payment of any amount payable to a First Nation under

  • (a) a First Nation law that applies to a reserve referred to in subsection 6.01(1); or

  • (b) the land code of a First Nation to the extent that it applies to a reserve referred to in subsection 6.01(1).

• Marginal note:Agreements

  (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.

• Marginal note:Inconsistency

  (4) In the event of any inconsistency or conflict between the land code of a First Nation and the provisions of a First Nation law or of a by-law made by its council under section 81 of the Indian Act, the land code prevails to the extent of the inconsistency or conflict.

• Marginal note:Definitions

  (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

  spouse has the same meaning as in subsection 2(1) of the Family Homes on Reserves and Matrimonial Interests or Rights Act. (époux)