Resource information
The First Nations Land Management Act (FNLMA) was passed by the federal Parliament in 1999 on the initiative of fourteen Indian Act Bands wishing to escape the land management provisions of the Indian Act in order to improve their capacities and opportunities for economic development. The Act provides the term "first nation" meaning an Indian Act band named in a schedule. Additional First Nations may request the Governor-in-Council to have the Act applied to them. The term “first nation land" means reserve land to which a land code applies and includes all the interests or rights in, and resources of, the land that are within the legislative authority of Parliament.A Framework Agreement on First Nation Land Management between Canada and the 14 First Nations anticipated the legislation and describes its key components and is described as "a government to government agreement within the framework of the constitution of Canada". The Agreement states that it is not a treaty within the meaning of s. 35 of the Constitution Act, 1982.Each community opting to come under the FNLMA is required to adopt a land code in accordance with the Framework Agreement which is to replace the land management provisions of the Indian Act. Validly adopted land codes have the effect of law. The Framework Agreement anticipates the adoption of First Nation laws to address the specific issue of matrimonial real property as part of a comprehensive land code. The text consists of 48 sections and 1 Schedule.
Implemented by: First Nations Land Registry Regulations (SOR/2007-231). (2008-09-05)
Implemented by: Tsawwassen First Nation Final Agreement Act (S.C. 2008, c. 32). (2009-04-03)
Implements: Framework Agreement on First Nation Land Management. (2007)
