Marginal note:Incorporation by reference

42. Oil and gas laws may incorporate by reference laws of the province in which the managed area is located as they are amended from time to time.

Marginal note:Agreement with province

43. An oil and gas law may, in accordance with an agreement between a first nation and the government of the province in which its managed area is located,

• (a) specify the respective responsibilities of the first nation and the province for the administration and enforcement of oil and gas laws; and

• (b) provide for access by officers of the first nation and the province, respectively, to the managed area for the enforcement of oil and gas laws.

Marginal note:Public access to oil and gas laws

• 44. (1) A first nation shall maintain at its principal administrative office the originals of its oil and gas code and its oil and gas laws, and all persons shall be given reasonable access to them during normal business hours.

• Marginal note:Certified copies

  (2) At the request of any person and on payment of a fee not exceeding the cost of the service, a first nation shall provide a copy of its oil and gas code or an oil and gas law certified to be a true copy by a person so authorized by the first nation.

• Marginal note:Proof of laws

  (3) In the absence of evidence to the contrary, a certified copy of an oil and gas code or an oil and gas law is proof of the original without proof of the signature or official character of the person appearing to have certified the copy.

• Marginal note:Statutory Instruments Act

  (4) The Statutory Instruments Act does not apply in respect of an oil and gas code or the oil and gas laws of a first nation.

Marginal note:International obligations

45. In exercising powers or making laws under this Act, a first nation shall comply with Canada’s international legal obligations and, if the exercise of any power or the making of any law is found to be inconsistent with Canada’s international legal obligations by a body established under an international treaty or by a court or tribunal of competent jurisdiction, the first nation shall remedy the inconsistency.

Marginal note:Legal capacity of first nations

46. A first nation named in Schedule 1 or 2 has the legal capacity necessary to exercise its powers and perform its duties and functions under this Act and, in particular, may acquire and hold property, real or personal and moveable or immoveable, enter into agreements and be a party to legal proceedings.

Marginal note:Public access to financial codes

• 47. (1) A first nation shall maintain at its principal administrative office the originals of a financial code referred to in subsection 10(2) or section 11, and any member of the first nation shall be given reasonable access to them during normal business hours.

• Marginal note:Certified copies

  (2) At the request of any member of the first nation and on payment of a fee not exceeding the cost of the service, a first nation shall provide a copy of a financial code referred to in subsection 10(2) or section 11 certified to be a true copy by a person so authorized by the first nation.

• Marginal note:Proof of codes

  (3) In the absence of evidence to the contrary, a certified copy of a financial code referred to in subsection 10(2) or section 11 is proof in any proceeding of the original without proof of the signature or official character of the person appearing to have certified the copy.

• Marginal note:Statutory Instruments Act

  (4) The Statutory Instruments Act does not apply in respect of a code referred to in subsection 10(2) or section 11.