Bill S-6 · 39th Parliament · Stephen Harper
An Act to amend the First Nations Land Management Act
Government bill. Became law.
- IntroducedApril 24, 2007
- Debated in principleMay 14, 2007
- Studied by a committeeDone
- Passed its first chamberMay 30, 2007
- Passed the second chamberJune 13, 2007
- Became lawJune 22, 2007
Leading supporters
Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.
- Stephen HarperPrime Minister
- Gerry St. GermainSenate · Sponsor in the Senate
- Tommy BanksSenate · SenatorThe bill has very good value and improves an already successful act.
Who carries this bill
Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.
Where members stand
Votes and debate for this bill have not been read yet.
How it changed on the way
73% of the text as introduced was changed or removed by the time it became law (4,672 words introduced, 2,591 passed).
substantial changeintent mostly kept
The bill kept its core purpose of updating the First Nations Land Management Act with Quebec civil-law terms for land interests and rights. Parliament added further detail on compensation factors and new restitution rules during passage.
- Added new Limit and Restitution provisions after section 14.
After: “. Restitution (2) When an interest or right reverts or is returned to a first”
How precisely it is written
mixedChallenging the law: ModerateDisputing a charge: Moderate
The bill supplies detailed definitions that distinguish Quebec civil-law rights from common-law interests elsewhere, yet repeatedly inserts subjective phrases and cross-references to an external Framework Agreement. These features create pockets of clarity alongside open-ended discretion that invites later argument.
Open to argument
“within a reasonable time before the vote, take appropriate measures to inform those persons”
Both 'reasonable time' and 'appropriate measures' are subjective standards without objective benchmarks.“that, in the opinion of its council, is necessary for community works or other first nation community purposes”
Expropriation power turns on the council's subjective opinion rather than an objective statutory test.“A first nation shall pay fair compensation”
The term 'fair' is undefined and leaves valuation open to dispute.“in accordance with the Framework Agreement and this Act”
Multiple operative rules are made to depend on an external document not reproduced in the statute.
Clear-cut
“"interest", in relation to first nation land in Canada elsewhere than in Quebec, means any estate, right or interest of any nature in or to the land, but does not include title to the land.”
The definition supplies an exhaustive list of included concepts and an explicit exclusion, creating a bright-line boundary.“An expropriated interest becomes the property of the first nation free of any previous claim or encumbrance. In Quebec, a first nation becomes the holder of an expropriated right free of any previous right, charge or claim.”
The provision states a clear legal consequence that applies automatically upon expropriation.“Interests or rights in first nation land may not be expropriated except by Her Majesty or a first nation in accordance with the Framework Agreement and this Act.”
The sentence imposes an express prohibition and identifies the only two permitted expropriating authorities.
Discretion. Extensive rule-making power is left to first nations through their land codes, to the Governor in Council for regulations on the land register, and to the undefined Framework Agreement for many procedural details.
Challenging the law itself. Subjective phrases such as 'in the opinion of its council' and undefined terms such as 'fair compensation' could support a vagueness or overbreadth argument under s. 7 of the Charter, though the detailed definitions reduce the overall exposure.
Disputing a charge under it. Because many obligations are expressed through land codes or the external Framework Agreement rather than fixed statutory commands, a person accused of breach can readily dispute whether the particular rule applied to them.
Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.
Did it work?
no evaluation found
Who lobbied on it
No lobbying registration naming this bill is loaded.
Stages and dates from LEGISinfo.