Contents
Whereas Her Majesty in right of Canada and 13 First Nations signed the Framework Agreement on First Nation Land Management on February 12, 1996 in relation to the management by those First Nations of their lands, and other First Nations have signed the Framework Agreement after that date;Whereas the First Nations Land Management Act, the purpose of which was to ratify and bring into effect the Framework Agreement, received royal assent on June 17, 1999;And whereas it is appropriate to enact a new implementation Act to replace the First Nations Land Management Act and to reflect the primacy of the Framework Agreement, while also ensuring the continuity with the previous legal framework;Now therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
1Short title#
This Act may be cited as the Framework Agreement on First Nation Land Management Act.
Interpretation
2Definitions#
(1)The following definitions apply in this Act.
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)
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)
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)
reserve has the same meaning as in subsection 2(1) of the Indian Act. (réserve)
(2)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.
Framework Agreement
5Force of law#
(1)The Framework Agreement continues to have effect and has the force of law.
(2)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.
(3)For greater certainty, the Framework Agreement is binding on, and may be relied on by, all persons and bodies.
6Framework Agreement prevails#
(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.
(2)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
(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
(b)the most recent consolidated version of the Framework Agreement that has been approved by the Minister and the Lands Advisory Board.
Rights and Obligations of His Majesty in Right of Canada
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.
First Nation Lands Register
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
(a)the effects of registering interests or land rights, including priorities;
(b)the payment of fees for the registration of interests or land rights and for any other service in relation to the Register;
(c)the appointment, remuneration, powers, duties and functions of the officers and employees who administer the Register;
(d)the keeping, by officers and employees, of documents that are not registrable; and
(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.
General Provisions
11Judicial notice#
Judicial notice must be taken of the Framework Agreement, a land code that is in force and any First Nation law.
12Notice#
(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
(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
(b)on the First Nation, in the case of a provision of a land code or a First Nation law.
(2)The notice must
(a)describe the proceeding;
(b)state the subject matter of the issue;
(c)state the date on which the issue is to be argued;
(d)give the particulars that are necessary to show the point to be argued; and
(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.
(3)In any proceeding, the recipient of a notice may appear and participate as a party with the same rights as any other party.
(4)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.
Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.