• Marginal note:When Governor in Council approval required

  (5) Any provisions of letters patent relating to limits on a port authority’s power to borrow money on its credit for port purposes shall be approved by the Governor in Council, on the recommendation of the Minister and the Minister of Finance, before the letters patent are issued.

“Surveyor General”

« arpenteur général »

“Surveyor General” has the same meaning as in subsection 2(1) of the Canada Lands Surveys Act.

• (a) a description of the land that is to be subject to the land code that the Surveyor General may prepare or cause to be prepared or any other description that is, in the Surveyor General’s opinion, sufficient to identify those lands;

Marginal note:Survey not mandatory

6.1 If the Surveyor General prepares or causes to be prepared a description of lands under paragraph 6(1)(a), the Surveyor General may, if he or she considers it appropriate, survey or have those lands surveyed in accordance with the Canada Lands Surveys Act.

Marginal note:Exclusion — boundaries of reserve uncertain

• 7.1 (1) Despite subsection 6(1), land may be excluded from the application of a land code if it is uncertain whether the land is located within the boundaries of the reserve.

• Marginal note:Land subject to lease, other interest or right

  (2) If the exclusion of the land would have the effect of placing the administration of a lease, other interest or a right in that land in more than one land management regime, then all the land that is subject to that lease, other interest or right shall be excluded from the application of the land code.

• Marginal note:Limitation — effects of exclusion

  (3) The exclusion of the land does not preclude the First Nation or Her Majesty from asserting in an action, a lawsuit or other proceeding that the land is part of the reserve.

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 excluded under subsection 7(1) or land 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.

Marginal note:Copy and declaration

• 13. (1) If a First Nation votes to approve a land code and an individual agreement, its council shall, after the conclusion of the vote, send to the verifier

  • (a) without delay, a copy of the approved code and a declaration that the code and agreement were approved in accordance with section 12; and

  • (b) as soon as the circumstances permit, a copy of the individual agreement signed by the First Nation and the Minister.

Marginal note:Certification

• 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 and the Minister a reasonable opportunity to make submissions on the matter but within 10 days after the conclusion of the vote, is of the opinion that

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 on which it is certified or on any other later date that may be specified in or under 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.

• Marginal note:Limitation

  (1.1) A land code is not to come into force before the day on which the individual agreement is signed by the First Nation and the Minister.

Marginal note:Environmental protection regime

• 21. (1) After the coming into force of a land code, a First Nation shall, to the extent provided in the Framework Agreement, develop and implement through First Nation laws an environmental protection regime. The regime must be developed in accordance with the terms and conditions set out in the Framework Agreement.

• Marginal note:Minimum standards

  (2) The standards of environmental protection established by First Nation laws and the punishments imposed for failure to meet those standards must be at least equivalent in their effect to any standards established and punishments imposed by the laws of the province in which the First Nation land is situated.

• Marginal note:Environmental assessment regime

  (3) First Nation laws respecting environmental assessment must, to the extent provided in the Framework Agreement, establish, in accordance with that Agreement, an environmental assessment regime that is applicable to all projects carried out on First Nation land that are approved, regulated, funded or undertaken by the First Nation.

Marginal note:Addition of band name

• 45. (1) The Governor in Council may, by order, add the name of a band to the schedule if he or she is satisfied that the signing of the Framework Agreement on the band’s behalf has been duly authorized and that the Framework Agreement has been signed.

• Marginal note:Coming-into-force date of land code

  (2) The Minister may, by order, add to the schedule the date on which a land code comes into force with respect to First Nation lands.

• Marginal note:Deletion of band name

  (3) The Governor in Council may, by order, delete from the schedule the name of a First Nation and the date on which a land code comes into force with respect to the First Nation’s lands, if that First Nation is no longer subject to this Act under the terms of a land claims agreement or a self-government agreement.