First Nations Commercial and Industrial Development Act (S.C. 2005, c. 53)

Marginal note:Federal Courts Act

• 9 (1) A provincial official or body that exercises a power or performs a duty under regulations made under section 3 or 4.1 is not a federal board, commission or other tribunal for the purposes of the Federal Courts Act.

• Marginal note:Review or appeal in provincial courts

  (2) Unless otherwise provided by regulations made under section 3 or 4.1, where a power or duty is conferred or imposed by a provincial law that is incorporated by reference in the regulations, its exercise or performance pursuant to the regulations is subject to review by, or appeal to, the courts of the province in the same manner and to the same extent as if the provincial law applied of its own force.

Marginal note:Amounts received

10 Fees, charges, fines or other payments collected by a provincial official or body pursuant to regulations made under section 3 are not Indian moneys for the purposes of the Indian Act or public money for the purposes of the Financial Administration Act.

Limits on Liability, Defences and Immunities

Marginal note:Acts and omissions

11 In respect of any act or omission occurring in the exercise of a power or the performance of a duty under regulations made under section 3 or 4.1,

• (a) Her Majesty in right of Canada is entitled to the same limits on liability, defences and immunities as apply to Her Majesty in right of the province under the laws of the province; and

• (b) the person or body exercising the power or performing the duty is entitled, unless otherwise provided by the regulations, to the same limits on liability, defences and immunities as those that would apply to a person or body exercising such a power or performing such a duty under the laws of the province.

Marginal note:Right or interest in reserve lands

12 No civil proceeding may be brought, no order may be made and no fine or monetary penalty may be imposed in relation to reserve lands against Her Majesty in right of Canada under regulations made under section 3 based on any right or interest retained by Her Majesty in those lands.

Marginal note:Registration, substitution or extinguishment

12.1 No civil proceeding may be brought against Her Majesty in right of Canada or a province, a federal or provincial official or body or a person acting on behalf of any of them, in relation to the registration of the title or ownership of Her Majesty or a first nation, or of any registrable interest or right referred to in paragraph 4.1(2)(i), or in relation to the substitution or extinguishment of any interest or right in reserve lands pursuant to regulations made under section 4.1.

Coming into Force

Marginal note:Order in council

Footnote ^*13 The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Act in force April 1, 2006, see SI/2006-57.]