Framework Agreement on First Nation Land Management Act

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Sections50

• 1Short title

  This Act may be cited as the Framework Agreement on First Nation Land Management Act.

• 2Definitions
• 2(1)

  The following definitions apply in this Act.

• 2(1)[p3]

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

• 2(1)[p4]

  First Nation law means a law that is enacted by a First Nation in accordance with the Framework Agreement and the land code of that First Nation. (texte législatif de la première nation)

• 2(1)[p5]

  Framework Agreement means the Framework Agreement on First Nation Land Management, signed by Her Majesty in right of Canada and 13 First Nations on February 12, 1996 — and signed by other First Nations after that date — as amended from time to time in accordance with its provisions. (accord-cadre)

• 2(1)[p6]

  Minister means the Minister of Crown-Indigenous Relations. (ministre)

• 2(1)[p7]

  reserve has the same meaning as in subsection 2(1) of the Indian Act. (réserve)

• 2(2)Definitions in Framework Agreement

  In this Act, First Nation, First Nation Lands Register, interest, land code, land right, Lands Advisory Board and licence have the same meaning as in subclause 1.1 of the Framework Agreement and lands set aside has the same meaning as Lands Set Aside in that subclause 1.1.

• 3Not a treaty

  The Framework Agreement is not a treaty within the meaning of section 35 of the Constitution Act, 1982.

• 4Binding on His Majesty

  This Act is binding on His Majesty in right of Canada.

• 5Force of law
• 5(1)

  The Framework Agreement continues to have effect and has the force of law.

• 5(2)Rights and obligations

  For greater certainty, a person or body has the powers, rights, privileges, immunities and benefits conferred on the person or body by the Framework Agreement and must perform the duties, and is subject to the liabilities, imposed on the person or body by the Framework Agreement.

• 5(3)Framework Agreement binding

  For greater certainty, the Framework Agreement is binding on, and may be relied on by, all persons and bodies.

• 6Framework Agreement prevails
• 6(1)

  In the event of any inconsistency or conflict between the Framework Agreement and this Act, the Framework Agreement prevails to the extent of the inconsistency or conflict.

• 6(2)Act prevails

  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.

• 7Publication

  The Minister must make available to the public

• 7(a)

  the Framework Agreement that was signed by Her Majesty in right of Canada and 13 First Nations on February 12, 1996 and any amendments made to it; and

• 7(b)

  the most recent consolidated version of the Framework Agreement that has been approved by the Minister and the Lands Advisory Board.

• 8Transfer

  On the coming into force of the land code of a First Nation, the rights and obligations of His Majesty in right of Canada as grantor in respect of the interests or land rights and the licences described in the First Nation’s individual agreement referred to in clause 6 of the Framework Agreement are transferred to the First Nation in accordance with that individual agreement.

• 9Register continued

  The First Nation Land Register established by the Minister under section 25 of the First Nations Land Management Act, chapter 24 of the Statutes of Canada, 1999, is continued as the First Nation Lands Register.

• 10Regulations

  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 Lands Register, the registration of interests or land rights in it and the recording of any other matter in it, including but not limited to regulations respecting

• 10(a)

  the effects of registering interests or land rights, including priorities;

• 10(b)

  the payment of fees for the registration of interests or land rights and for any other service in relation to the Register;

• 10(c)

  the appointment, remuneration, powers, duties and functions of the officers and employees who administer the Register;

• 10(d)

  the keeping, by officers and employees, of documents that are not registrable; and

• 10(e)

  the transfer of the administration of the Register to any person or body and the disclosure of personal information as defined in section 3 of the Privacy Act for that purpose.

• 11Judicial notice

  Judicial notice must be taken of the Framework Agreement, a land code that is in force and any First Nation law.

• 12Notice
• 12(1)

  If an issue is raised by a party in any judicial or administrative proceeding in respect of the interpretation or validity of a provision of the Framework Agreement, this Act, a land code or a First Nation law, the issue must not be decided until the party has served notice

• 12(1)(a)

  on the Attorney General of Canada and the Lands Advisory Board, in the case of a provision of the Framework Agreement or this Act; or

• 12(1)(b)

  on the First Nation, in the case of a provision of a land code or a First Nation law.

• 12(2)Content and timing

  The notice must

• 12(2)(a)

  describe the proceeding;

• 12(2)(b)

  state the subject matter of the issue;

• 12(2)(c)

  state the date on which the issue is to be argued;

• 12(2)(d)

  give the particulars that are necessary to show the point to be argued; and

• 12(2)(e)

  be served at least 30 days before the day on which the issue is to be argued, unless the court or tribunal authorizes a shorter period.

• 12(3)Participation in proceedings

  In any proceeding, the recipient of a notice may appear and participate as a party with the same rights as any other party.

• 12(4)Clarification

  For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required.

• 13Non-application of Statutory Instruments Act

  The Statutory Instruments Act does not apply in respect of a land code, a First Nation law or an order made under subclause 14.2.1 of the Framework Agreement.

• 122Definition of former Act
• (1)

  In this section and sections 123 and 124, former Act means the First Nations Land Management Act, chapter 24 of the Statutes of Canada, 1999.

• (2)Other definitions

  In sections 123 and 124, First Nation law, Framework Agreement, individual agreement, interest, land code, licence and right have the same meaning as in subsection 2(1) of the former Act, as it read immediately before the day on which section 143 of this Act comes into force.

• 123Documents and decisions previously made

  Nothing in this Act affects

• (a)

  any land codes, individual agreements, First Nation laws or documents, including licences and other authorizations, contracts and other instruments or acts, that were issued, granted, entered into or made in accordance with the former Act or the Framework Agreement and that are in force on the day on which this Act comes into force;

• (b)

  any actions taken or decisions made, before the day on which this Act comes into force, in accordance with the former Act or the Framework Agreement, including the registration of an interest or right in the First Nation Land Register, as established under section 25 of the former Act and the establishment of priorities or, in Quebec, rankings among interests or rights that have been registered.

• 124Reference to former Act

  Unless the context otherwise requires, any reference to the former Act, or any provision of that Act, in any land codes, individual agreements, First Nation laws or documents referred to in paragraph 123(a) is to be read as a reference to the Framework Agreement on First Nation Land Management Act or the Framework Agreement, or any relevant provision of that Act or Agreement, as the case may be.