Third Party Interests

What happens to existing third party interests under a Land Code?

Under a land code, the interests in First Nation land lawfully held by third parties will continue in effect according to their terms and conditions. For example, a lease that expires a year from now would continue in effect with the same rights and obligations as before. If the landlord in an existing lease made under the Indian Act were the federal government, the First Nation would assume the rights and obligations of the federal government under the lease, so that the tenant would pay the rent directly to the First Nation.

No new interests or licenses may be acquired or granted except in accordance with the Land Code.

How will interests in First Nation land be recorded?

The Framework Agreement and the federal legislation authorize Canada to setup a separate register to record interests granted by First Nations under their Land Codes. Regulations will be developed by the Lands Advisory Board and INAC to govern the First Nations Lands Register.

A First Nation may also establish its own duplicate registry system to record interests in its First Nation lands.