First Nations Commercial and Industrial Development Act

Marginal note:Conditions for making regulations

• 5 (1) Regulations may not be made under section 3 or 4.1 in respect of reserve lands of a first nation unless

  • (a) the Minister has received a resolution of the council of the first nation requesting that the Minister recommend to the Governor in Council the making of those regulations; and

  • (b) if the regulations specify a provincial official by whom, or body by which, a power may be exercised or a duty must be performed, an agreement has been concluded between the Minister, the province and the council of the first nation for the administration and enforcement of the regulations by that official or body.

• Marginal note:Dispute resolution

  (2) An agreement referred to in paragraph (1)(b) may provide for the arbitration, in accordance with the laws of the province, of disputes arising from the interpretation or application of that agreement, in which case the Commercial Arbitration Act does not apply to the dispute.

• Marginal note:Non-application

  (3) Subsection (1) does not apply to the amendment or repeal of regulations made under section 3 or 4.1.