What happens to existing environmental problems under the Indian Act?

If there is an existing environmental problem on a reserve before the Land Code takes effect, the federal government continues to be responsible for the problem and liable for any of its actions and omissions that may have caused the problem.

Before bringing a reserve under its Land Code, a First Nation is entitled to full disclosure on any environmental problem from Canada. The First Nation may decide to exclude the land from its Land Code until the problem is fixed by Canada.