Marginal note:Power to manage

• 18. (1) A First Nation has, after the coming into force of its land code and subject to the Framework Agreement and this Act, the power to manage First Nation land and, in particular, may

  • (a) exercise the powers, rights and privileges of an owner in relation to that land;

  • (b) grant interests or rights in and licences in relation to that land;

  • (c) manage the natural resources of that land; and

  • (d) receive and use all moneys acquired by or on behalf of the First Nation under its land code.

• Marginal note:Legal capacity

  (2) For any purpose related to First Nation land, a First Nation has the legal capacity necessary to exercise its powers and perform its duties and functions and, in particular, may

  • (a) acquire and hold property;

  • (b) enter into contracts;

  • (c) borrow money;

  • (d) expend and invest money; and

  • (e) be a party to legal proceedings.

• Marginal note:Exercise of power

  (3) The power of a First Nation to manage First Nation land shall be exercised by the council of a First Nation, or by any person or body to whom a power is delegated by the council in accordance with the First Nation’s land code, and that power shall be exercised for the use and benefit of the First Nation.

• Marginal note:Management body

  (4) A body established to manage First Nation land is a legal entity having the capacity, rights, powers and privileges of a natural person.

Marginal note:Transfer of moneys

19. On the coming into force of the land code of a First Nation, all revenue moneys collected, received or held by Her Majesty for the use and benefit of the First Nation or its First Nation members cease to be Indian moneys and shall be transferred to the First Nation.

Marginal note:Power to enact laws

• 20. (1) The council of a First Nation has, in accordance with its land code, the power to enact laws respecting

  • (a) interests or rights in and licences in relation to First Nation land;

  • (b) the development, conservation, protection, management, use and possession of First Nation land; and

  • (c) any matter arising out of or ancillary to the exercise of that power.

• Marginal note:Particular powers

  (2) Without restricting the generality of subsection (1), First Nation laws may include laws respecting

  • (a) the regulation, control or prohibition of land use and development including zoning and subdivision control;

  • (b) subject to section 5, the creation, acquisition and granting of interests or rights in and licences in relation to First Nation land and prohibitions in relation thereto;

  • (c) environmental assessment and environmental protection;

  • (d) the provision of local services in relation to First Nation land and the imposition of equitable user charges for those services; and

  • (e) the provision of services for the resolution of disputes in relation to First Nation land.

• Marginal note:Enforcement measures

  (3) A First Nation law may provide for enforcement measures, consistent with federal laws, such as the power to inspect, search and seize and to order compulsory sampling, testing and the production of information.

• Marginal note:Inconsistency

  (4) In the event of any inconsistency or conflict between the land code of a First Nation and the provisions of a First Nation law or of a by-law made by its council under section 81 of the Indian Act, the land code prevails to the extent of the inconsistency or conflict.