First Nations Fiscal Management Act

Marginal note:Laws respecting the provision of services

• 97 (1) The council of a First Nation may make laws respecting the provision of services and respecting infrastructure located on the First Nation’s reserve lands that is used in the provision of those services, including laws

  • (a) regulating or prohibiting the provision of services;

  • (b) imposing requirements and prohibitions with respect to infrastructure; and

  • (c) respecting, subject to any conditions and procedures prescribed by regulation, the enforcement of laws made under this subsection, including by providing for measures to

    • (i) require any person or entity to refrain from doing anything that constitutes or is directed toward the contravention of those laws,

    • (ii) require any person or entity to do anything that may prevent or remedy the contravention of those laws,

    • (iii) recover costs incurred by the First Nation in enforcing those laws and impose and recover interest and penalties with respect to those costs,

    • (iv) create liens or, in Quebec, prior claims or legal hypothecs on reserve lands and on interests or rights in reserve lands, and

    • (v) discontinue services.

• Marginal note:For greater certainty

  (2) For greater certainty, laws made under subsection (1) apply only on the reserve lands of the First Nation that made the laws.

• Marginal note:Non-compliance with measure

  (3) If a person or entity is not complying with a measure referred to in subparagraph (1)(c)(i) or (ii), the First Nation may take appropriate corrective measures at the expense of the person or entity.

• Marginal note:Application to competent court

  (4) The First Nation may apply to a court of competent jurisdiction for an order directing a person or entity named in the application to comply with a law made under subsection (1), such as by

  • (a) refraining from doing anything that, in the opinion of the court, constitutes or is directed toward the contravention of that law; or

  • (b) doing anything that, in the opinion of the court, may prevent the contravention of that law.

• Marginal note:Enforcement — Framework Agreement on First Nation Land Management Act

  (5) If a First Nation has adopted a land code as defined in subsection 2(2) of the Framework Agreement on First Nation Land Management Act or the council of a First Nation has enacted a First Nation law as defined in subsection 2(1) of that Act, the First Nation may use any enforcement measure — other than a measure for the investigation or prosecution of an offence punishable on summary conviction referred to in paragraph 19.1(a) of the Framework Agreement, as defined in subsection 2(1) of that Act — that is provided for in that land code or First Nation law to enforce a law made under subsection (1).

• Marginal note:Regulations

  (6) The Governor in Council may, on the recommendation of the Minister made having regard to any representations by the First Nations Infrastructure Institute, make regulations prescribing anything that is to be prescribed under paragraph (1)(c).

• Marginal note:Publication

  (7) The First Nation shall publish all laws made under subsection (1) in the First Nations Gazette and provide a copy of a law made under that subsection on request.