Federal Legislation

Is federal legislation required?

Yes. The First Nations Land Management Act is required under the Framework Agreement for two purposes:

  • as Canada’s method to ratify the Framework Agreement, and
  • to implement those clauses of the Framework Agreement that affect third parties, that affect other federal laws, or that are considered important enough to be repeated in the legislation.

Can the federal legislation change the Framework Agreement?

No. The First Nations Land Management Act must be consistent with the Framework Agreement. The Act repeats many of the provisions of the Framework Agreement and will only apply to Signatory Members of the Framework Agreement.

Was there a previous Bill in Parliament on this subject?

Yes. The Act was previously introduced in Parliament on December 10, 1996, as Bill C_75 and received second reading in April of 1997. However, the federal election prevented that Bill from being enacted in 1997. The Bill was re-introduced in Parliament as Bill C-49 on June 11, 1998.

Is this Bill an amendment to the Indian Act?

No. There is no amendment of the Indian Act. Signatory Members of the Framework Agreement are opting out of the land management sections of the Indian Act.