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HENVEY INLET FIRST NATION

LAND CODE

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September9,2009 HENVBY INLBT FIRST NATION LAND CODE

Table ofContents

PREAMBLE4

PARTI PRELIMINARY MATTERS1 TITLE 42 INTERPRETATION ZZZZ 43 AUTHORITY TO GOVERN ZZ." 44 CONFUCT OF LAWS 65 PURPOSE ZZZZZZZ" 66 LANDS THAT ARE SUBJECT TO THIS CODEZZZZZZZZZZZZZZZZZZ77 ?PART2FIRST NATION LEGISLATION7 LAW-MAKING AUTHORITY 78 LAW-MAKING PROCEDURE ZZZZ ?9 COMMENCEMENT AND PUBLICATION OF UNO LAWS I10 ENFORCEABILITY OF LAND LAWS

10

PART3 COMMUNITY INVOLVEMENT ina PARTICIPATION OF MEMBERS ™12 COMMUNITY INPUT °13 COMMUNITY APPROVAL ZZZZZZZZZ l°14 PROCEDURE FOR ACOMMUNITY MEETING OF MEMBERsZZ II15 RATIFICATION VOTES ZZZ7Z77Z7777 12PART 4PROTECTION OF LAND 1A16 EXPROPRIATION 7*17 HERITAGE SITES ZZZZZZZZZ 15IB VOLUNTARY LAND EXCHANGES AND PROTECTIONS .ZZZZZZZZZZZZZZZZZZZZZZZZZ15PART5 ACCOUNTABILITY 1719 CONFUCT OF INTEREST ZZZ 1720 FINANCIAL MANAGEMENT 1821 AUDIT ZZZ 1922 ANNUALREPORT 777Z7777Z 1923 ACCESS TO INFORMATION 777777777Z77777Z77ZZ7Z7777Z19PART 6 LAND ADMINISTRATION 2024 LANDS STAFF 2025 LAN0SCOMMITTEE ZZZZZZZZZ 2026 IMPLEMENTATION OF LANDS COMMITTEE ZZZZZ 7. 2127 REGISTRATION OF INTERESTS AND LICENCES 2228 DUPLICATE LANDS REGISTER "22PART7INTERESTSAND LICENCES IN LAND 2229 FORMALITIES OF GRANTS, TRANSFERS, AND OTHER TRANSACTIONS 2230 EXISTING INTERESTS 2331 NEW INTERESTS AND LICENCES ZZZZZ ZZ 2332 INTERESTS OFNON-MEMBERS 2333 CERTIFICATES OF POSSESSION OR OTHER MEMBER INTERESTS ZZZZ*2334 ALLOCATION OF LOTS TO MEMBERS 2335 TRANSFER ANO ASSIGNMENT OF INTERESTS Z...2436 LIMITS ON MORTGAGES AND SEIZURES 2437 RESIDENCY AND ACCESS RIGHTS 2538 SPOUSAL PROPERTY LAW 26

PART8 DISPUTE RESOLUTION 2739 PURPOSE 2?

^^,.2m H.NVEV .NUT F.RSTNAT.ON UNO CODE

27

40 processes « ZZ7Z777 241 ROSTER PANEL ESTABLISHED 2942 NEGOTIATION 3043 PROCEDURE TO FILE ADISPUTE 3044 FACILITATED DISCUSSIONS """' 31

SKStr^^ 7777ZZ7ZZZZ3;47 SSSmam of the dispute resolution panel 3148 POWERS OF THE DISPUTE RESOLUTION PANEL

• ,,PART9OTHER MATTERS 3249 LIABILITY ZZZZZ 3B50 OFFENCES 3351 REVISIONS TO LAND CODE '" 3352 COMMENCEMENT

Septembers2009 HENVBY INLET FIRST NATION LAND CODE

PREAMBLE

SS;8? ^v^|",et/ir» N«lio" has aprofound relalionship with the land that is rooted in respect for theSpiritual value ofthe Earth and the gifts ofthe Creator,

Whereas Henvey Inlet First Nation has entered into the Framewrk Agreement on First Nation LandManagement with Canada on February 12,1996. as amended and which was ratified on behalfofthetiovernment ofCanada by the First Nations Land Management Act: and

^S^^ffi^™^KDASTHE OMENTAL ,.ANDPARTI

PRELIMINARY MATTF.RS

1 Title

Tiai-

1.01 The title of this enactment is the Henvey Inlet First Nation Land Code.

2 Interpretation

Fair interpkktation

2.01 This Land Code shall be interpreted in amanner that is consistent with the Framework Agreement,and shall be given such fair, large and liberal construction and interpretation as best ensures ihe attainment ofitsobjectives.

Dkhnitkjns

2.02 The following definitions apply in this Land Code:

"Abrogate" means to abolish by authoritative action, annul;

"Canada" and "Crown" means Her Majesty the Queen in right of Canada;

'Certificate of Entitlement" means a permanent interest in land granted to members in accordance with theHenvey Inlet First Nation Land Code;

"Certificate of Possession" means a permanent interest in land issued to members inaccordance with theIndian Act:

"Common-Law Partnership" means the relalionship between two (2) persons who are cohabiting in aconjugal relationship;

"Community Lands" means any Henvey Inlet First Nation land in which allmembers have acommoninterest;

"Community Meeting of Members" means ameeting under Part 3of this Code towhich themembers areinvited to attend.

"Council" means theChiefand Council of Henvey Inlet First Nation oranysuccessor elected goveniineni ofthe Henvey Inlet FirstNation;

"Derogate" means to take away a partso as to impair,detract;

fcpK^^jr^OOLJUN^^

ssaaasssasesasasas—77:..»,. »«nrt ii«t of Henvey Inlet First Nation and who, at

grandchild and/or any other relat.on or relat.onsh.P that Coune.1 may

C^".»v;«F>«.N«ioni«.c»rd.nc«with>h,,U»dCato.

-*n*y W- F" N«io«" _ tta Henvey Inkl Fin. Nation and to Members;*,w.MIW-U* — -»•-" ta"d """iS S"bJeC''" ^'"" C0<"''

Frwvn** Agreement, as amended from time to time.

pr»J?/ 4/miMto but does not include title to that land."Land Code" means the Henvey Inlet First Nation Land Code;-Land law" means alaw, restricted to Henvey .n.ct First Nation Land, enacted by the Council of Henvey In.e,First Nation in accordance with this Land Code;-Lands Committee" means the committee established under Part 6ofthis Code."LicenceVm relation to FirstNatiou land, means any right of use or occupation of that land, other than aninterest in the land. .

"Member».. p«son*»nam. appears o„ ,he band lis, of H«„,ev hie, Firs. Nation - who .entitled to have his or her name appear on that hsi.

Agreement.

•Panel" means ,he Dispute Resolution Panel /» W —«*•* — 8K,I°"" °f*"C '̂•P^ific«ion vote" mams*, vote ofeligible voters under section 15 of .his Code.«Rip.,iMRi^»m«M.m«^.H*«ofowneriof,.n.boIderi,,gonaHv«,oro,herbod,orw.».A,!o.law that pertains to use of the water for that land;

September9,2009 HENVEY INLET FIRST NATION LAND CODE

"Roster Panel"means the list of Panelistsestablished under section 41 of this Code from which the Panel ischosen.

"Spousal Property" means any interest in First Nation Land belonging tooneorboth persons whoare spousesofone another.

"Spouse" means aperson who ismarried toanother, whether byatraditional customary, religious orcivilceremony, and includesa Spouse by Common-Law Partnership.

Otl'lNITION!) IN LAWS

2.03 For greater certainty, if context requires. Henvey Inlet First Nation laws, policies and regulationsmay prescribe different definitions than those provided in this LandCode.

CUR1FICATION

2.04 Any words orterms used in this Land Code which arc defined inthe Framework Agreement shallhavethe samemeaning as in the Framework Agreement, unless the contextotherwise requires.

USI- OF TUP.WOW) "SIIAU "

2.05 The word "shall" signifiesanobligation thai, unless (his Land Code provides to the contrary, mustbecarried outas soon aspracticable after this Land Code comes into effect ortheevent that gives rise totheobligation.

ust:of Masculine or feminine

2.06 Unless it is otherwiseclear from the context, the use of the masculine includes the feminine, andtheuse ofthe feminine includes the masculine.

TlTM-H AND HEADINGS

2.07 Titles andheadings of Parts and provisions havebeen inserted in the Code for convenience ofreference only, and are not interpretiveaids.

Landand Interests affected

2.08 A reference to Henvey Inlet First Nation Land inthis Land Code means all rights and resources inand ofthe Land, and includes:

a) thewater, beds underlying water, riparian rights, and renewable, and non-renewable natural resources inandofthat land,to the extent that these are underthe jurisdiction ofCanada; and

b) allthe interests and licenses granted to Henvey Inlet First Nation by Canada listed in tho IndividualAgreement.

3 Authority to Govern

Origin of authority

3.01 The traditional teachings ofHenvey Inlet First Nation speak of the obligation of the people ofHenvey Inlet First Nation tocare for and respect the land and the magnificent wonders ofNature created on(he land. Byenacting this Land Code, Henvey Inlet First Nation isrenewing this special responsibility.

FlOW OI: AUTHORITY

3.02 The authority of Henvey Inlet First Nation to govern its lands and resources flows from the Creatortothe people of Henvey Inlet First Nation, and from the people to the Council.

4 Conflict of Laws

September9,2009 HBNVBY INLET FIRST NATION LAND CODE

Paramountcy

4.01 This Und Code prevails over any inconsistent provision in any other enactment of Henvey Inlet FirstNation, to theextent of theinconsistency.

NON-ABROGATION. NON-DERCXiATION

4.02 Nothing in this Land Code abrogates or derogates from:a) the by-law powers ofthe Council of Henvey Inlet First Nation pursuant to the Indian Act:b) the aboriginal title or the aboriginal, or treaty or inherent rights of Henvey Inlet First Nation; orc> the special relationship between Canada and Henvey Inlet First Nation and its members.

5 Purpose

PlIRPOSL

501 The purpose ofthis Und Code is to sel out the principles, guidelines and processes by which HenveyInlet First Nation will exercise control over iu lands and resources pursuant to the Framework Agreement onFirst Nation Land Management, asamended.

RATIFICATION

5.02 The Framework Agreement is ratified and confirmed when this Und Code takes effect.

6 Lands that are subject to this Code

UNDS AND INlliRESTS 10 WHICH CODt! APPUKS

6.01 The Henvey Inlet First Nation Land that is subject to this Und Code is that land known as the FrenchRiver Indian Reserve #13 as shown on theCLSR plan #_E&2%^,.1

Additional Lands

602 Henvey Inlet First Nation Land includes all Reserve lands listed in the Individual Agreement andsuch other lands as may be included in the Individual Agreement as amended from time to time.603 For greater certainty. Henvey Inlet First Nation may consider adding the Henvey Inlet Indian Reserve#2 to the Individual Agreement upon the approval by the First Nation ofacompleted Und DescriptionReport.

7 Law-making authority

PART 2FIRST NATION LEGISLATION

Council may makr land laws

7.01 The Council may, in accordance with this Land Code, make Land Laws respecting:a) the development, conservation, protection, management, use and possession of Henvey Inlet First Nation

Land;b) interests and licenses in relation to Henvey Inlet First Nation Land; andc) any matter necessary or ancillary to the making ofUnd Laws in relation to Henvey Inlet First Nation

Und.

EXAMPLESOPUND LAWS

September9,2009 HENVBV INLET FIRST NATION LAND CODE "

7.02 For greater certainty. Council may make Und Laws including, but not limited to:a) regulation, control and prohibition of zoning, land use. subdivision control and land development;b) creation, regulation and prohibition of interests and licenses inrelation to Henvey Inlet First Nation Land;c) environmental assessment and protection:d) provision of local services inrelation to Henvey Inlet First Nation Und and the imposition ofequitable

usercharges;

e) enforcement ofHenvey Inlet First Nation Und Laws: and0 provision of services for the resolution, outside thecourts, of disputes in relation to Henvey Inlet First

Nation Land.

7.03 For greater certainty, inaddition to Und Uws and First Nation Laws,Council may alsodevelopthefollowing documents including, but not limited to. regulations, standards, codes, und policies.

8 Lawmaking Procedure

IN PRODUCTION 01- LAWS

8.01 A proposed law may be introduced atadulyconvened meeting oftheCouncil by:a) the Chiefor a Councilor; or

b) therepresentative ofanybody orauthority composed ofmembers that maybeauthorized by Council to doso; or

c) any eligible voter.

Content of land law proposal

8.02 A land lawproposal shallcontain a statemeni of the purposes and benefits to the First Nation of theproposed law.

Council prockdure upon rkckiit of lano uw proposal

8.03 Upon receipt ofa land law proposal, Council may:a) table the land law proposal for further review or for enactment:

b) request that theproposer provide further information orattend before a future meeting ofCouncil to speakto the land law proposal;

c) undertake ordirect thepreparation ofadraft law concerning matters raised inthe land law proposal, forconsideration by Council: or

d) decline the land law proposal.

Lands Commotio: rkvirw and hi-port

8.04 The Council shall provide the proposal to the Lands Committee. The Unds Committee shallreviewa land law proposal and produce a written report to Council, which shallbe made available to the proposerandto thecommunitygenerally.

Tabling and posting of proposed land laws

8.05 A proposedland law shall not be enacted by Council unless:a) a draft of the land lawhasbeentabled ata meetingofthe Council heldat least 42 days beforethe land law

is to be enacted;

b) the draft land lawhasbeenposted in theadministrative offices of Henvey Inlet First Nation, in a locationaccessibleto any eligible voter, at least 35 days before the land law is to be enacted: and

Seotember9,2009 HENVEY INLET FIRST NATION LAND CODB

c. the draft land law has been distributed to eligible voters and published on awebsite maintained by HenveyC) !£!&^5opT" to access by anylligible voter, at least 35 days before the tad law »to be

enacted; and . .. . . e

«^f^^^^^Tall Henvey Inlet FirstNa.ion members at least 35 days prior to the Council meeting.APPROVAL OFLAWBY COUNCIL

8.06 Alaw is enacted if it is approved by amajority ofthe Council at ameeting of the Council open to themembers.

CFRIII .CATION OFLANDLAWS

807 Two official true copies ofany land law or land resolution concerning First Nation lands shallbe!ited Jft£2 Mquorum of the Council present at the meeting a. which it was enacted and deliveredto the Unds Committee.

OFFICIAL TRUL COPIES OF LAND LAWS

8.08 An official true copy ofaland law certified by and duly authorized by resolution ofCouncil for suchpurpose shall be an official copy for all purposes of this Code.

EMERGENCYLAND LAWS

8.09 Notwithstanding any other provision ofthis Code the Council may enact •^J*^,^oreliminarv steps required under section 8.05, irthe Council is ofthe opinion that the law is needed ^««yE^S?%S?N^Sm or the members, but the law expires 120 days after its enactment, unless re-enactedin accordance with section8.05.

9 Commencement and Publication of Land Lawa

Laws taking EFFFrr

9.01 Aland law enacted by the Council takes effect on the dale of its enactment or such later date asspecified byor under the law.

PUBLICATION

9.02 Land laws enacted pursuant to this Code shall be published:a) in the minutes ofthe Council meeting at which it was enacted;b) by the Lands Committee in minutes ofthe Lands Committee meeting at which an official Due copy ofthe

land law is noted as received; .„ Mc, bv Dosting an official true copy ofthe land law in alocation within the administrative offices of Henvey]l^rKSraceessible to all band members, as soon as practical after enactment and for aperiod of

notless than thirty days thereafter.

Land Law Registry

903 Council shall cause to be established and maintained, ai the administrative offices of Hew '"letFirstVmSS^^SdMM true copies ofall laws and resolutions, including laws and resolutions thathave been repealed or Bre no longer in force.

ACCI-.SS TO LANDLAW REGISTRY

9.04 Any person may attend at the registry during normal business hours and may view or obtain acopyofany land law.

September9.2009 HENVEY INLET FIRST NATION LAND CODE

FHF.S

90S Council may from time to time byresolution set fees for viewing orobtaining copies of land laws.

10 Enforceability of Land Laws

LNIORCFARILITY OK LAND LAWS

10.01 To enforceits Und Codeand its Land Laws, 1lenvey Inlet First Nation shall havethe power to:

a) establish offences thatare punishable on summary conviction:b) provide for fines, imprisonment, restitution, community service, and alternate means for achieving

compliance; andc) establish comprehensive enforcement procedures consistent with federal law, including inspections,

searches, seizures andcompulsory sampling, testing and the production of information.

PART 3

COMMUNITY INVOLVEMENT

11 Participation of Members

PARTICIPATION OF MEMUEKS

11.01 Every Member isentitled to participate inthecommunity consultation processes setoui in Part 3 ofthis Land Code.

PARTICIPATION OF ElJGIBIJ- VOTERS

11.02 Every Eligible Voter is entitled to participate in thecommunity approval processes setout in Part 3of this Land Code.

12 Community Input

COMMUNITY INPUI OF MEMBERS

12.01 The Councilshall consult with Membersat aCommunity Meetingof Members prior to theenactment ofa Land Uw:

a) respecting a community plan or subdivision plan;

b) affectinga heritage site or an environmentallysensitive properly;c) respecting environmental assessmentand protection:d) respecting the transfer andassignment ofrights and interests in Henvey Inlet First Nation Und:e) respecting spousal real property on Henvey Inlet First Nation Land under section 38:0 respecting the rate and criteria for the payment of fees or rent for Henvey Inlet hirst Nation Land:g) respecting the rights andprocedures oncommunity expropriation; andh) respecting any other matter, law or class of law that Council, by Resolution, declares tobesubject tothis

section.

No Quorum

12.02 For greater certainty, community input for consultation purposes doesnot require a quorum.

PR(X l-VSTO IMI'IJ-MENT LAND LAWS

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Senten.ber9.2009 HENVEY INLET FIRST NATION LAND CODE

i?fti The Unds Committee, within areasonable time after this Land Code takes effect shall advise

12.01.

13 Community Approval

COMMUNITY APPROVAL OF MEMBERS

t3.01 Community approval at aCommunity Meeting of Members must be obtained for the followmg:a) anyMaster Und use plan; <•••_ ki„.•«..b) any new grant or disposition of an interest or license to anon-member in any Henvey Inlet F.rst Nat.on

Land exceeding aterm of thirty-five (35) years;c) any renewal ofagrant or disposition of an interest or license to anon-member in any Henvey Inlet F.rst

Nation Land that extends the original term beyond thirty-five (35) years;d) any gran, ordisposition ofany non-renewable natural resources on any Henvey Inlet First Nat.on Land

exceeding aterm of five (5) years;e) any deletion ofa heritage site referred to in section 17 ofthis Land Code; .0 any voluntas exchange of Henvey Inlet First Nation Und referred to in section 18 of this Land Code, andg) any law or class of law that Council, by Resolution, declares lo be subject to tins section.

methodof Voting

13.02 Community approval may be obtained by various methods, including but noi limited to:a) secret ballot;b) showofhands;c) mail in ballot; ord) any other method outlined in voting policies.11 <n For ureater certainty Council may determine that the Community Approval vote may be achieved by

bcatfons. by calling for amail-in ballot community vote, or any other method outlined in 13.02.

QUORUM

13.04 For Community Approval under this Land Code, the quorum is ten percent (10%) of Eligible Voters.

VOTINO

13 05 ForCommunity Approval, decisions may be made by amajority vote of fifty percent plus one (50%i ifofU^S^^ngaballot, provided that aquorum of Eligible Voters parfepate ,n the voie.SECOND COMMUNITY APPROVAL VOTE

13.06 Ifaquorum was not obtained pursuant to section 13.04 asecond Community Approval vote shall becalled.

REDUCED QUORUM FOR SECOND COMMUNITY APPUOVAl. VOIE13.07 For asecond attempt at Community approval under this Land Code, the quorum is five percent (5%)of EligibleVoters.

VoriMO

13 08 For aauorum of Eligible Voters for asecond attempt at Community Approval, decisions may belade byamajoTiJ vote o7fifty percent plus one (50% ♦ 1) ofthe Eligible Voters castingaballot.

ti

September9.2009 HBNVEV1NLET FIRST NATION LAND CODE

Third Community approval van;

13.09 Ifaquorum was not obtained pursuant tosection 13.07 athird Community Approval vote shall becalled without anyquorum requirement.

VOilNO

13.10 For athird Community Approval vote, decisions may be made byamajority vote of fifty percentplus one(50%+1) ofthe Eligible Voters casting a ballot.

14 Procedure fora Community Meeting of Members

NOTICEOF MEETING FORCOMMUNITY Ml-KTINGOF Mk.Mltl-ttS

14.01 The Council shall give written notice fora Community Meeting of Members that:shall include:a) thedate, timeand place ofthe meeting;b) abriefdescription ofthe matters to be discussed and decided on atthe meeting;c) thename and telephone number ofa contact person;d) a feedback form which any person entitled to participate may submit to the Unds Committee for review,

and forwarded toCouncil in lieu ofor in addition toattending atthe meeting; ore) feedback by such additional methods, ifany, as Council and Unds Committee may consider appropriate.

MANNER OF NOTICE

02 The notice for aCommunity Meeting of Members must be given tothe Members by:a) posting the notice in public places on Henvey Inlet First Nation Und at least forty two (42) working days

before the meeting;

b) mailing the notice to Members and taking reasonable steps lo locate and inform Members who reside onand off-reserve at least forty two(42) working days before the meeting:

c) posting the notice onawebsite maintained by Henvey Inlet I'irst Nation that is open and accessible by anyperson who may be entitled toattend the meeting at least forty two (42) working days before the meeting:

d) publishing the notice in the community newsletter or local newspaper at least thirty five (35) working daysbefore the meeting; and

e) such additional method asCouncil may consider appropriate inthe circumstances.

Permission of council

14.03 A person, other than a Member, may attend aCommunity Meeting of Members only with permissionofCouncil.

Other meetings

14.04 TheCouncil mayschedule more than oneCommunity Meeting of Members todiscuss and decide ona matter that requires a Community Meeting of Members.

Other Land Uws

14.05 For greater certainty, the Council may make laws respecting Community Meeting of Members.

IS Ratification Votes

Community approval by ratification vote

15.01 Communityapproval by a Ratification Vote must be obtained for the following:a) anyamendmentto the Individual Agreementthat reducesthe amountof funding providedby Canada:

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e^ri^lPM HENVEY INLET FIRST NATION LAND CODE

b) any amendment to this Land Code; orc) any law or classof law thatCounc.l. by Resolution, declares to be subject to this section.INDIVIDUAL AGREEMENT Wl IItCANADA

provided byCanada.

Ratification process .

Code.

EXCKPIION

15.04a Ratification Vote.

N ,,For greater certainty, revisions made pursuant to section 51.01 do not require community approval byafinn Vote.

NO VERIFIER

15.05 Averifier is not needed in any Ratification Vote under this Und Code.

QUORUM

15.06 horder to obtain aquorum for community approval by Ratification Vote under this Und Code atleast twenty five (25%) ofEligible Voters must register.

MINIMUM REQUIREMENTS FOR APPROVAL

15 07 Ifaquorum of Eligible Voters register, amatter shall be considered approved at aRatification Voteifamajority ofthe registered Eligible Voters cast avote in favour ofthe matter.

PROPOSED LAW REJECTED UYMAJORITY VOTE

15 08 Ifaquorum ofEligible Voters register, amatter sfctfbe considered not approved at aRatificationVote ifamajority ofthe registered Eligible Voters cast avote in opposition ofthe matter.

NOSECOND RATIFICATION VOrE IF LAW REJECTED

15.09 if the matter is rejected pursuant to section 15.08. the amendment to^]^^^ °r ,heamendment to the Und Code shall not be executed, shall have no effecand shal not be submitted for asS Rat fication Vote. The document may be re-submitted for aRatification Vote «^»*«™ »"6P^Kdditfonal community consultation occurs, community direction is obtained to re-draft and thedocument is re-drafted accordingly.

Second ratification vote

15.10 Ifaquorum was not obtained pursuant to section 15.06 asecond Ratification Vote shall be called.REDUCED QUORUM FOR SECOND RATIFICATION VOTE15.11 In order to obtain aquorum for community approval by asecond Ratification Vote under this LandCode at least ten (10%) ofEligible Voters must register.

MINIMUM REQUIREMENTS FOR APPROVAL„„ iraouomm ofat least 10 %of Eligible Voters register, amatter shall be considered approved nt asecond RatifiStSrJof^registered Eligible Voters cast avote in favour of the maltcr.

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>„ 1Til- ••"" •"" "'" WAT""' LA'"> C°PB

Ag^emem orthe amendmentto Ibe UndCodeiM^not be e«ec«^ f Ratification Vote under»£?,rp£r.£^

. . . . ... !- _«. J«A.J ai.r>rtrHinolv.and the document isre-drafted accordingly

OTHER.LAWS

5.14 For greater certainty, the Council may make laws respecting Ratification Votes.PART 4

PROTliCTION OF LAND

16 Expropriation

ACQUISITION BY MUTUAL AGREEMENT1601 The right of Henvey Inlet First Nation to expropriate can only be exercised afteragood faith effort toacquire, by mutual agraemml the interest or license in Henvey Inlet First Nation Und.RIGHTS AND INTEREST THAT MAY BE EXPROPRI AT ED

community expropriations.

Community purposes

16 03 Acommunity expropriation shall only be made for anecessary community purpose or works orHenvev mMr^SSZaOmg but not limited to; afire hall, sewage or water treauneni ac,Uty.coTm^ «*. schools, daycare facility, hospitals, hcal.h-care facility, andretirement home.

Expropriation laws

1A 04 Before oroceedinu to make any community expropriations in accordance with this Land Code, the

provisions respecting:a) the taking ofpossession ofthe interest or license;b) transfer ofthe interest orlicense;c) notice ofexpropriation and service ofthe notice of expropriation;d) entitlement tocompensation;e) determination ofthe amount ofcompensation: and0 the method ofpayment ofcompensation.

Member noiificaiton .... «• „.«j16 05 in the case ofan expropriation ofaMember's interest in Henvey Inlet First Nation Und the affectedMember or MemtenTrmit JUL notification ofthe expropriation within areasonable time prior to therelease ofthe public report referred to in section 16.06.

public report

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16.06 Before Henvey Inlet First Nation decides to expropriate an interest or license, it shall make apublicreport onthereasons justifying theexpropriation.

Compensation for (lights and interests

16.07 Henvey Inlet First Nation shall, in accordance with its Laws and the Framework Agreement:a) servereasonable noticeofthe expropriation on each affected holder ofthe interest or license to be

expropriated; and

b) pay fair and reasonable compensation to the holders ofthe interest or license being expropriated.

Compensation Caiculations

16.08 Henvey Inlet First Nation shallcalculate the total value ofthecompensation under this section basedontheheads ofcompensation setout in theExpropriation Act(Canada).

Market value

16.09 The "market value" of an expropriated interest orlicense isequal tothe amount that would have beenpaid for the interest orlicense if ithad been sold byawilling seller toawilling buyer under no duress.

NEUTRALEVALUATION TO RESOLVEDISPUTES

16.10 The resolution ofdisputes concerning the right of Henvey Inlet First Nation to expropriate shall bedetermined byneutral evaluation, inthe same manner asprovided in Part IXofthe Framework Agreement.and thesixty (60) day period referred to in clause 32.6 ofthe Framework Agreement shallbeapplied, asappropriate in the circumstances, by the neutral evaluator.

ARBITRATION TO RESOLVE DISPUITiS

16.11 Theresolution ofthe following disputes shall bedetermined by arbitration, inthesame manner nsprovided in Part IX oftheFramework Agreement:a) disputes concerning theright ofthe holder of an expropriated interest orlicense tocompensation; andb) disputes concerning the amount ofthe compensation.

17 Heritage Sites

Community inputon development

17.01 Nodevelopment shallbeallowed on any site designated asa heritage siteunder the land use plan.unless the community isconsulted onthedevelopment plan, provided however that nodevelopment shall bepermitted onany sitedesignated by land law as a permanently protected site.

community approval for Amendmeni to Land use pian

17.02 Noamendment may be made toaland use plan to delete a heritage siteunless theamendmentreceives confirmation by communityapproval.

18 Voluntary Land Exchanges and Protections

Conditions to a land exchange

18.01 Henvey Inlet First Nation may agree with a third party lo exchange a parcel of Henvey Inlet FirstNation Und for a parcel of land from that otherparty inaccordance with this Land Code andthe FrameworkAgreement.

No effect

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September9,2009 HENVEY INLET FIRST NATION LAND CODE

,8.02 Aland exchange is of no effect unless it receives community approval at aCommunity Meeting ofMembers.

Landto be received

„..J Mo land exctamg. may oecur unless the M to be received in the exchange meet, the followingrfrmTbe eoual lo or greater than the area ofHenvey Inlet first Nation 1.and to be exchanged;b,nnS«le«eon,%bl. to the appraised value ot-.h.Hen«y in!., t-irst Nation Und for »h,ch,,,S

Code.

NEGOTIATORS

,8.04 Tr* person or persons who,/,*,// have authority to negotiate aland exchange agreement on behal. ctHenvey Inlet First Nation must be designated by Resolution.

ADDITIONAL I.AND

18 05 Henvey Inlet First Nation may negotiate to receive other compensation such as money or one or

Ei£iro»^^other manner.

FEDERAL CONSENT

18.06 Before Henvey Inlet First Nation concludes aland exchange agreement, it must receive awrittenstatement from Canada clearly stating that Canada:a, consents to set apart as aReserve the land to be received in exchange, as ofthe date ofthe land exchange

or such later date as the Council may specify by Resolution; andb) consents to the manner and form ofthe exchange as set out in the exchange agreement.

Community Notice

18 07 Once negotiations on the land exchange agreement are concluded, the Council/Lands CommiuecZproST^SSSSinformation to Eligible Vote,, at leas, forty two (42) conserve days before thevote:

a) adescription ofthe Henvey Inlet First Nation Land to be exchanged:b) adescription ofthe land to be received in the exchange;c) adescription ofany other compensation to be received:d) areport ofacertified land appraiser setting out that the conditions in section 18.03 have been met,e) acopy or summary ofthe exchange agreement; andf) acopy ofthe consent referred to in section 18.06.

PROCESSOF LAND EXCHANGE

18.08 The land exchange agreement shall provide that:a) the other party to the exchange must transfer to Canada the title to the land which ,s to be se, apart as a

b) IrfeCouncil must pass aResolution authorizing Canada to transfer title to the Ilenvey Inlet First NaiionLand being exchanged, in accordance with the exchange agreement;

Oaopyoftheins^Inlet Land Register and acopy sent «o the First Nation Lands Register; and16

September9.2009 HENVEY INLET FIRST NATION LAND CODE

d) theLand to besetapart asa Reserve has been subject toan environmental audit, and clearance orremediation as necessary, or that Council issatisfied that adequate provision has been made for suchclearance or remediation at no cost to Henvey Inlet First Nation and with full indemnification to 1lenveyInlet First Nation.

19 Conflict of Interest

PARTS

ACCOUNTABILITY

Application of Rules

19.01 The rules insection 19.02 apply to the following persons:a) each member ofthe Council who isdealing with any matter before Council that is related to 1lenvey Inlei

First Nation Und;

b) each person who is an employee ofHenvey Inlet First Nation dealing withanymatter that isrelated toHenvey Inlet FirstNation Und; and

c) each person who isa member of aboard, committee orother body of Henvey Intel First Nation dealingwith any matter that is related to Henvey Inlet First Nation Und.

DUTY TO REPORTAND ABSTAIN

19.02 If there isany financial, familial or personal conflict of interest inthematter being dealt with, theperson:

a) shalldisclose the interest to theCouncil, ortheboard, committee orother bodyasthecase maybe:b) shall not lake part in any deliberations on thatmatteror vote on that matter,andc) shallremove themselves from the proceedings.

Common interests

19.03 Section 19.02 doesnotapplyto any interest that is held bya Member incommon with everyotherMember.

Inability to Acr

19.04 If the board, committee orotherbody is unable to actdue to a conflict of interest, the mattershall bereferred to the Council.

Meeting of glk.ibi.e voters

19.05 If theCouncil is unable to vote ona proposed Law or Resolution due to aconflict of interest, theCouncil mayrefer the matter to aCommunity Meeting ofMembers and, ifaquorum of Eligible Voters ispresent, a majority ofthe Eligible Voters present at the meeting may enact the Land Law or Land Resolution.

SPECIFICCONFLICT SITUATIONS

19.06 No Immediate Relatives and notmore than two (2) Members from the same Extended Family shallbe concurrent Members ofanappointed board, committeeor other body dealing with any matterthat is relatedto Henvey Inlet First Nation Und.

Elected uody

19.07 For greatercertainty,the Council or any otherelected board, committee or body is not includedunder the rule set out in 19.06.

Disputes

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SeDten.ber9.2009 HENVEY INLET PIRST NATION LAND CODE

19.08 Questions about whetherabreach ofthis section has occurred may be referred to the Rosier Panel.OTHER LAWS

19.09 For greater certainty, the Council may enact laws to further implement this section.

20 Financial Management

APPLICATION

20.01 This section applies only to financial matters relating to Henvey Inlet First Nation Land.

ESTAHUSHMUNTOF BANKACCOUNTS

20.02 The Council shall maintain one or more financial accounts in afinancial institution and shall depositin thoseaccounts: ,..,;..a) transfer payments received from Canada for the management and administration of Henvey Inlet First

Nation Land;b) monies received by Henvey Inlet First Nation from the grant or disposition ofany interests or licenses in

Henvey inlet First Nation Und;c) all fees, fines, charges and levies collected under aLand Law or Und Resolution;d) all capital and revenue monies received from Canada from the grant or disposition ofany interests and

licenses in Henvey Inlet First Nation Land; ande) any other Und revenue received by Henvey Inlet First Nation.

ADOPTION OF BUDGET

->0 03 The Council shall, by Resolution, prior to the beginning ofeach fiscal year, adopt aLandnwnagement todget for that fiscal year and may, if the Council deems it necessary ,n the course ofthe fiscalyear, adopt supplementary budgets for that fiscal year.

PROCEDURE

20.04 After adopting the Land Management budgei or supplementary budget, the Council shall, withoutundue delay: . ra) explain the budget or supplementary budget to the Members at an annual Community Meeting of

Members;and _ .,, , , ,b) make acopy orthe budget or supplementary budget available at the administrative offices of Henvey Inle.

First Nation for inspection by Members at reasonable hours.

IF NO BUDGET

•>0 05 ifthe Council falls to adopt aland management budget for afiscal year prior to the beginning of thaifiscal year, the budget and any supplementary budgets ofthe previous fiscal year apply until anew budget ,sadopted.

Budget rules

20.06 The Council may make rules respecting the preparation and implementation of Land managementbudgets.

Expenditures

20.07 The Council shall not expend monies related to Und or commit M^^^J^^expend monies related to Land, unless the expenditure is authorized by or under aLand Law or an approved

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September9,2009 HENVEY INLET FIRST NATION LAND CODE

FINANCIAL POLICY

20.08 The Henvey Inlet First Nation may, inaccordance with this Land Code, adopt a financial policy lofurther manage monies related to Henvey Inlet First Nation Land.

21 Audit

Holding office

21.01 The auditor appointed under this section holds office until reappointed, orreplaced by resolution ofCouncil.

Vacancy in office

21.02 Where avacancy occurs during the term of an auditor, the Council shall, without delay, appoint anew auditor for the remainder ofthe former auditor's term.

Ri-mlni-rahon

21.03 The auditor's remuneration shallbe fixed by theCouncil.

ACCESSTO RECORDS

21.04 The auditor may atall reasonable times inspect any financial records of Henvey Inlet I'irst Nationand any person orbody who administers money onbehalfof Henvey Inlet First Nation.

22 Annual Report

Contents

22.01 - The annual report will include:a) anannual reviewof land management;

b) a financial statement and themost recent auditor's report;c) acopyand explanation ofthe audit as it applies to lands; andd) anyothermatterwhich Councilor the Lands Committeedeems relevant to members in relation to the

Code.

Presentation of annual report to members

22.02 Within 90 days of publication oftheannual report. Council shallconvene aCommunity Meeting ofMembers for the purpose of presenting the annual report, including the auditor's report, tothe members, forinformation purposes.

23 Access to information

Access

23.01 Anymember may, during normal business hours at the main administrative office of Henvey InletFirstNation, have reasonable access to:

a) the register of land laws;

b) (lie most-recent auditor's report;c) the most-recent annual report; andd) theauditor's report and annual reports for each ofthe previous six years.

Copies for members

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SenantbarlZOIW H8WY8V IMHIT FIRST NATION LAMP CODE

23.02 **-^^«^7--^i3^S^l^i*^Si-report or annual report, subject to such reasonable fees for retrieval ano copying » nw jCouncil.

ACCESSTO RECORDS .

23 03 Any person who is not amember, with the authoriattion ofCouncil, may at any reasonable timeinspect the financial records of Henvey Inlet First Nation related .o First Nation land.

PART 6LANDADMINISTRATION

24 Lands Staff

ADMINISTRATION

24.01 Council may delegate administrative authority to staff to carry out functions necessary for day to dayadministrative operations of lands and resources.

25 Lands Committee

UNIJS COMMrntE kstabijsiird

25.01 The Unds Committee is hereby established for the following purposes:a) assist with the development ofthe land administration system;b) advise the Council and iu staffon matters respecting Henvey Inlet First Nation land;c to recommend laws, resolutions, policies and practices respecting F.rs. Nation land to the Counc.Ld) to consult with the individuals and the community on land issues, and to make recommendations on the

resolution ofthose issues to Council: ... .•,«,. ,™ie) to manage and oversee ratification votes, community approvals, and community input mee mgs and0 to perform such other duties as may be assigned to the Lands Committee by Resolution or Und Law

enactedunderthis Code:

Number of members

25.02 The Lands Committee shall be composed of 5or 7eligible voters.

Composition .

25.03 The Unds Committee staff be appointed or selected in aceordanee »»»this Code, uccordmg to theHilZ one'memberof ,heUndsComn,it«sM»be amember ofCouneil appointed by resolution ofb, SSL eligible ,o«-s selected by Council, whene, resident on Firs, Nation land or otherwise. Prided

that Council shall not select any person who:i) is found to be ofunsound mind by acourt in Canada or elsewhere;ii) has the status of abankrupt;iii) hasbeenconvictedofanoffencethatwasprosecutedbywayofindictmcnt;ivj has bTen convicted ofacorrupt practice in connection with an election, inc.uding acceptmg abnbe.

dishonesty, or wrongful conduct.

CHAIR AND DEPUTY CHAIR

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September9.2009 HENVEY INLET FIRST NATION LAND CODE

25.04 The Lands Committee shall appoint one ofthe committee members to be Chair ofthe UndsCommittee, for such term as the committee deems appropriate, and one or more Deputy Chairs who mayperform thedutiesofthe Chair in herabsence.

FUNCTIONS 01-THECHAIR

25.05 The Chair shall

a) chairmeetingsofthe Lands Committee

b) may present the information to the members at aCommunity Meeting of Members under Part 3of thisCode:

c) provide quarterly written reports to Henvey Inlet First Nation on the activities ofthe Lands Committee;and

d) shall have such other powers and duties as may from time to time be assigned by resolution ofthe LandsCommittee or Council.

26 Implementation of Lands Committee

first Unds Committkk

26.01 Immediately upon the coming into effectof this Code, Council shallselect aUnds Committee toserve for aterm ofthree years until a land law governing elections or appointments to the Unds Committeecomes into force.

UW GOVERNING SUCCESSORS TO TlIE FIRST LANDS COMMITTEE

26.02 As soon aspossible after the coming into force ofthis Code, Council, inconsultation with the LandsCommittee, shalldevelop a land law providing for community involvement iuthe selection, election, orappointment ofeligible voters toserve on the Lands Commiitee, and dealing with such matters as tenn ofoffice, remuneration, conditions ofservice, termination of membership, vacancies arising during term andsuch other matters as Council deems appropriate to the operation ofthe Lands Committee.

Lands Committee Work-plan

26.03 Within a reasonable timeafter this Land Code takeseffect, the Unds Committee shall, inconsultalion with Council and the community, ensure that rules and procedures arc developed that address thefollowing matters:

a) Terms of Reference for the procedure for meetings oftheUndsCommittee, and generally for the conductof its affairs, not inconsistent with those established bythe Council;

b) the process for determining the fees and rent for interests, rights and licenses in Community Lands, and thetecs for services provided in relation to First Nation land;

c) the process for determining the fees and royalties for the taking of natural resources on First Nation Land:d) environmental protection andassessment in relation to First Nation land;e) any outstandingdisputes in relationto First Nation land:

f) land use planning andzoning; and

g) respecting spousal and real property policy and whether anychange should bemade to the policy uponwhich that section is based; and

h) anyother matter referred byCouncil.

HOW POLICIES WILL BE OIVEN EFFECT

26.04 Rulesandprocedures developed by the Lands Committee shall be presented to Council forconsideration and implementation as policies, lawsoramendments to this Land Code,whicheveris mostappropriate.

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ScPtember9,2009 HENVBV INLET FIRST NATION LAND CODE

27 Registration of Interests and Licences

ENFORCEMENT OF INTERESTS AND LICENCES

27 01 An interest or licence in First Nation land created or granted after this Land Code takes effect is notenforceable unless itis registered in the First Nation Lands Register.

REGISTRATION Of CONSENTOR APPROVAL

27.02 No instrument that requires the consent c,rthe Council, or community approval, shall be registeredunless acertified copy of the document that indicates the consent or approval« attached.

DUTY TO DEPOSIT

27.03 The Council *A«//ensure that an original copy of .he following instruments is deposited in the hrstNation Lands Register.a) any grant ofan interest or licence in First Nation land;b) any transfer or assignment of an interest in First Nation land:c) every land use plan, subdivision plan or resource plan; andd) this Land Code and any amendment to this Land Code.

28 Duplicate Lands Register

DUTY K> MAINTAIN OUPl.lCATF RJMJKTER

28.01 The Council may maintain aDuplicate Lands Register in the same form and with the same contentasthe First Nation Lands Register.

Dl'JY TO DEPOSIT

28 02 Every person who receives an interest or licence in First Nation land ,A«//deposit an ong.nal copyof the relevant instrument in the Duplicate Unds Register, ifaRcg.ster .s established.

PART 7INTERESTS AND LICENCES IN LAND

29 Formalities ofGrants, Transfers, and other Transactions

LAND TRANSACTIONS IODF. IN WRHINO

M01 An interest in. or licence to use. First Nation land shall only be created, granted, disposed of.aXed,S«oii^ise affected only by an instrument in writing in accordance w„h th.s LandCode.

FORMSAND PROCEDURF-S

29 02 Council, on the advice ofthe Lands Committee, may prescribe forms and procedures for the creation.grenLfr transfer assignment or other disposition ofinterests, rights and licences ,n l.rstNat.on land.NONCONFORMING TRANSACTIONS VOID

it complies with this Land Code.

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September9,2009 HENVEY INLET FIRST NATION LAND CODE

30 Existing Interests

CONTINUATIONOF EXISTING INTERBSTS

30.01 Interestsand licences in relation to First Nation landthat exist on the coming into force ofthis LandCode continue in accordance with their terms and conditions.

30.02 A policyshall be established as soon as practical afterthe coming into force of the Land Code toaccommodate unregistered land interests.

31 New Interests and Licences

AUTHORITY TO MAKE DISPOSITIONS

31.01 Subject to the provisions ofthisCode,Council on behalfof Henvey Inlet First Nation may grant:a) interests and licensesin Community Lands, including certificates of entitlement, leases, permits,

easements, rights-of-ways,etc.;

b) permits to take resources from Community Lands, including cutting timberor removing minerals, stone,sand, gravel, clay, soil or othersubstances.

CONDITIONAL liRANT

31.02 The grant ofan interest, license or permit maybe made subject to the satisfaction of writtenconditions.

32 Interests of non-members

NON-MEMUURS

32.01 A person who is nota memberof Henvey Inlet l-irst Nation skull not holdany interest in HenveyInlet First Nation land excepta lease, licence, or permit.

Grants to non-members

32.02 A transfer or otherdisposition ofallorany part ofa lease, licence or permit in First Nation land to aperson who is nota membershall not beeffective unless anduntil it is confirmed by a resolution ofCouncil,adopted with the advice ofthe LandsCommittee.

35 Certificates ofPossession or other Member Interests

Application

33.01 For greater certainty, certificates ofpossessions or Member interests previously issued under theIndian Actshallcontinue to exist afterthecominginto force of this Land Code unless the Member agrees tohave thecertificate ofpossession or interest replaced with theissuance of anew interest document developedpursuant to the coming into force of this LandCode.

34 Allocation of Lots to Members

Policies and Procedures for allocation of lots

34.01 Subject to the provisionsofthis Code, Council in consultationwith the Lands Committee mayestablish policies and procedures for the allocation of lotsto members.

allocation

34.02 Council may, in accordancewith this Code:

a) allocate lots to members; or

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September9,2009 HENVEY INLET FIRST NATION LAND CODE

b) issue a certificate ofentitlement to a member for a lot allocated to that member.

Nature of interest in cp or CE

34.03 Subject to this Land Codeand First Nation laws, a certificate of possession or certificate ofentitlement in respect ofa parcel ofland isaninterest that shallentitle themember holding it to:

a) exclusive possession of the land in perpetuity;

b) benefit from the resources arising from the land;c) transfer, deviseor otherwise dispose ofthe CPorCE toanother member;

d) any other rights consistent with this Land Code that Council may grant by way of Land Uw orResolulion.

NO ALLOCATION OF 1.0TS TO NON-MEMBERS

34.04 A person who is not a member is not entitled to beallocated a lotorto hold a permanent interest inFirst Nation land.

35 Transfer and Assignment of Interests

Consent of Council and exceptions

3S.0I No interest in First Nation land maybe transferred orassigned without theconsent inwriting ofCouncil, except:a) atransfer orassignment ofa certificate of possession orcertificate of entitlement from one member to

another in accordance with this Code;

b) atransfer that occurs byoperation of law. including transfer ofestate bytestamentary disposition:c) atransfer pursuant tothe interim spousal property rules in section 38 of this Code, orpursuant to aspousal

property law enacted by Henvey Inlet First Nation us provided inthisCode: andd) every grant of an interest or licence in First Nation land, other than those stated herein to bean exception.

shall be deemed to include such consent as a condition of subsequent transfersor assignments.

36 Limits on Mortgages and Seizures

Protections

36.01 In accordance with the Framework Agreement, section 29, section 87 and subsections 89( 1) and (2)ofthe Indian Actcontinue toapply to First Nation land.

MOHKiACSE OFCERTIFICATE OF I'OSSESSION OK CERTIFICATE OF ENTITLEMENT

36.02 The interest ofa memberin First Nation land may be subjectto a mortgage or charge, but only toHenvey inlet First Nation with the written consent ofthe Council.

MORTGAGES OF I>:aSEHOIT> INTERESTS WITH CONSliM

36.03 A leasehold interest may be subject tocharge ormortgage, but only where authorized by aresolulionofCouncil with the advice ofthe Lands Committee.

TIME LIMIT

36.04 The term ofany charge or mortgage ofa leasehold interest shall not exceed the lesser of:a) the term ofthe lease; orb) 35years, orsuch longer period as may receive community approval.

Default in mortgage

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September9,2009 HENVEY INLET FIRST NATION LAND CODE

36.05 In the event ofdefault in the terms ofacharge or mortgage ofaleasehold interest, the leaseholdinterest is not subject to possession by the chargee or mortgagee, foreclosure, power ofsale or any other lormofexecution or seizure, unless:

a) the charge or mortgage received the written consent ofthe Council;b) the charge or mortgage received community approval where required;c) the charge or mortgage was registered in the First Nations Land Register: andd) areasonable opportunity to redeem the charge or mortgage is given to the Council on behalfof Henvey

Inlet First Nation.

Power of redemption

36.06 Subject to prior redemption by the lessee. Council on behalfof Henvey Inlet First Nation mayredeem the charge or mortgage from the charge or mortgagee in possession and shall thereupon acquire all therights and interests ofthe chargee or mortgagee and ofthe lessee.

37 Residencyand Access Rights

RIGHTS OF RESIDFNCE

37.01 The following persons have aright to reside on First Nation lands:a) members, who have been allocated aresidential lot by Council, and their spouses and children:b) members with aregistered interest in First Nation land:c) any invitee ofamember referred to in clause a) or b);d) lessees and permittees, in accordance with the provisions ofthe instrument granting the lease or permit;

and .e) aperson authorized in writing by the Council/Lands Committee or by aHenvey Inlet First Nation law.

RIGHT 01 ACCESS

37.02 The following persons have aright ofaccess to First Nations lands:a) alessee and his or her invitees to aleasehold:b) permittees and those granted aright ofaccess under apermit, to the lands subject to the permit;c) Henvey Inlet Firs! Nation members, their spouses and their minor or dependent children entitled to res.de}̂ ZSSmli^ First Nation foVresidential, educational, social and employment or busmess

purposes;

d) a member's invited guests;el aoerson who authorized by agovernment body or any other public body, established by or under an' X^nTo?H^reVut.etyFirsgt Nation, Parliament or the province to establish, operate or administer a

public service, to construct or operate apublic institution or to conduct atechnical survey; or0 aperson authorized in writing by the Council/Lands Committee or by aHenvey Inlet First Nation taw.

Puuuc ACCESS

37.03 Any person who is not amember may have access to First Nation land for any social or busmesspurposes, if: .a) the person does not trespass on occupied land and docs not interfere with any interest mland;b) the person complies with all applicable laws including any restrictions contained in written auihor.zat.on

from Council; and

c) no resolution has been enacted barring that person.

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September9,2009 HENVEY INLET FIRST NATION LAND COPE

Use of Roads

37.04 Any person havingaright ofaccess to First Nation land may have the right to access such land overFirst Nation roads, subject to thisCodeand First Nation laws.

TRLSPASS

37.05 Any person who resides on, enters or remains onFirst Nation land other than in accordance with aresidence oraccess right under this Land Code isguilty ofan offence.

Civil remedies

37.06 All civil remediesfor trespass are preserved.

38 Spousal Property Law

Enactment of rulfs and procedures

38.01 The Council shall enact aspousal properly law providing rules and procedures applicable on thebreakdown of amarriage and spousal relationships concerning:a) theuse. occupancy and possession ofFirst Nation land; and

b) the divisionof interests in that land.

Developmentof rules and procedures

38.02 The rules and procedures contained In the spousal property law shall be developed by the LandsCommittee in consultation w ith the comtnunity. •

Enactment deadline

38.03 The spousal property law shall be drafted and enacted 12 months from the date this Land Code takeseffect.

General princihi.es

38.04 For greater certainty, the rules and procedures developed by the Lands Committee under this sectionmust respect the following general principles:a) each spouse should have an equal right to possession oftheir spousal home;b) each spouse should be entitled to an undivided half interest in their spousal home, as atenant in common;c) the rules and procedures shall not discriminate on Hie basis ofgender, andd) only members are entitled to hold apermnneni interest in First Nation land or acharge againsi apermanent

interest in First Nation land.

Interim spousal property rules

38.05 In order that members benefit immediately from the legislative authority oftheCouncil to addressthe issueof spousal property:a) Council may enact Interim Spousal Property Rules to govern the rights ofspouses in relation to First

Nation land in eventofa breakdown ofmarriage or spousal relationships.b) The Interim Spousal Property Rules shall be consistent with the principles provided in this Code to govern

thedevelopment ofa spousal property law.c) Interim Spousal Property Rules enacted by Council shall come into force as aland law pursuant to this

Code immediately upon enactment by Council, or on the later effective date provided therein, and shallremain in force for not more than 12 months or such shorter period ofeffect as may be stated therein,unless re-enacted, amended or replaced by new Interim Spousal Property Rules, in each case to remain inforce for not more than 12 months.

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September9,2009 HENVEY INLET FIRST NATION LAND CODE

d) Council's authority to enact Interim Spousal Property Rules shall be independent of the state ofcompletion ofthe work of the Lands Committee and the community consultation process relating to thedevelopment ofa spousal property law.

PARI" 8DISPUTE RESOLUTION

39 Purpose

Intent

39 01 The intent of this Part is to ensure that all persons entitled to possess, reside upon, use or otherwiseoccupy HenveyInlet First Nation Land do so harmoniously with due respect to the rights of others and ofHe,"vey ESI!Nation and with access to Henvey Inlet First Nation procedures to resolve disputes.PURPOSE

W02 The ournose ofthese rules is to enable the parties to adispute to achieve ajust, speedy and

resolution from litigation.

40 Processes

Dlsputgprevekiion

40 01 The parties shall use best efforts to prevent disputes from arising and shall consider the use ordispute resolution processes at the earliest possible stage ofany conflict.

DISPUTE PRIOR TOTHEI.ANDCODE

40.02 Disputes that arose before the Land Code takes effect could also be referred to this Part.

Settle a Dispute

40.03 Nothing in this Pari shall be construed to limit the ability ofany person to reach agreement to settle adispute without recourse tothis Part.

Settlement agreement

40 04 Any settlement reached through dispute resolution shall not be legally binding until it has beenreduced to writing and property executed by, or on behalfof, the parties.

Staged presses

40.05 Henvey Inlet First Nation intends that adispute in relation to *^.^%*X^*"*as otherwise provided, progress in sequence through the following stages provided tor ,n this Part.a) negotiation;

b) facilitated discussions;c) mediation; andd) final arbitration by the Dispute Resolution Panel.

Termination of processes

40.06 Negotiations, facilitated discussions and mediations may be suspended upon any of the follow.ngoccurrences:

a) theparties reach anagreement;

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September9.2009 HENVEY INLET FIRST NATION LAND CODE

b) one ofthe parties refuses to continue with the negotiation, facilitated discussion or mediation:c) the mediator assesses that nothing meaningful isto be gained in continuing the process; ord) upon the request of both parties.

Notice of Termination

40.07 A notice oftermination is required when further facilitated discussions or mcdiaiion shallnot resolvethe dispute. The dispute may progress to the next stage ofthe dispute resolution process or to final arbitration.

Dispute resoi.utkdn not avajlahi-e

40.08 Dispute resolution isnotavailable under this Part for disputes in relation to:a) administrationor distribution ofan estate;

b) decisions relating to housing allocations;

c) decisions ofCouncil to grant orrefuse togrant an interest or license in Henvey Inlet First Nation Land to anon-Member;

d) decisions onexpropriation under section 16 of this Land Code: ande) prosecution orconviction ofanoffenceunder a Land Lawor under criminal law.

Duty of Fairness

40.09 All persons involvedin a dispute underthis Part shall be:

a) treated fairly;

b) given a full opportunity to present their case; andc) given reasons for a decision made under this Part.

Rules and procedures

40.10 Council may prescribe such laws, Resolutions, rules, policies, procedures, forms and reasonable feesnot inconsistent with this Land Code, as may be necessary to give effect to this Part including but not limitedto:

a) remuneration of facilitators, mediators, arbitrators, expert advisors, professionals orotherpersons retainedto assist in the resolutionofdisputes under this Part:

b) disclosure and confidentiality;c) implementing recommendations ofthe Dispute Resolution Panel made under section 48.02: andd) anyother matter necessary to give effect to this Part.

Coueoj-conduct

40.11 Council shall establish a code of conduct for facilitators, mediators, arbitrators, expert advisors,professionals or otherpersons retained to assist in the resolution of disputes underthis Part.

Waiver of Liability

40.12 By participating in this dispute resolution process, the parties agree that the facilitators, mediators,arbitrators And panelists shall not be liable to the parties for any act or omission in connection with theservices provided by them in, orin relation to, the dispute resolution processes, unless the act or omission isfraudulent or involves willful misconduct.

Mandatory application

40.13 Council may establish a Land Law that sets out the mandatory application of this Part in certaincircumstances.

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September9,2009 HENVEY INLET FIRST NATION LAND CODE

Contractual agreementContractual agreement jaw

Se«iatir^^a^«=sSSSbe treated as an agreement independent ofthe other terms ofthe contract.

variationofRui.es .... i..

the RosterPanel in writing.

Civil remedies

competent jurisdiction.

Challenge to validityof uw ,-.,....„«40 .7 Nothing in this Part shall be construed to preventaparty to adispute from challenging the validity ofaUnd^SESL*may be heard only in acourt ofcompetent jurisdiction.41 Roster Panel Established

Appointmuntsto roster Panel41.01 The Roster Panel shall be composed ofamaximum of twenty (20) Panelists, all of whom must beEligible Voters.

ineligible _ .. „„mu„, nr

Henvey Inlet First Nation shall sit on the Roster Panel,

represent the various elements of the community.

J!T*T«—«•*• w •><•** •»•—°f,i,re,! <»»—•- M lime lho —°f°m""*be renewed.

NO REMUNERATION «,|„„te,.r basis41.05 Unless Council by Resolution or law provides otherwise, the Panelists are to act on avolunteer basisand receive no remuneration for their services.

Rules of roster panel , . -nn,*uct4..06 The Roster Pane, may establish rules for the procedure at its hearings and generally for the conductof its affairs.

42 Negotiation M

September9,2009 HENVEY INLET FIRST NATION LAND CODE

Informal discussions

42.01 Henvey Inlet First Nation intends lhat wherever possible, adispute in relation to Henvey Inlet FirstNation Land shall be resolved by negotiation through informal discussion by the parties to the dispute prior toentering the dispute resolution process by filing anotice ofdispute.

43 Procedure to File a Dispute

PROCEDURE TO111 EADISPU rK

43.01 Aperson who wishes to resolve adispute with another person or Henvey Inlet First Nation in relationto the use or occupation ofHenvey Inlet First Nation Land may file awritten notice ofdispute with the LandsDepartment setting out:a) the nature ofthe dispute;b) astatement outlining the facts and supporting arguments ofthe dispute claim; andc) thereliefthat is sought.

Limitation period

43.02 The limitation period for submitting anotice ofdispute and referring amatter or dispute to the RosierPanel is:

a) 6months after the day the decision, act or omission being referred was made:b) thirty (30) consecutive days after the breakdown of negotiation; orc) in the case ofabreakdown and termination of facilitated discussions ormediation, thirty (30) consecutive

daysafterthe noticeoftermination.

44 Facilitated Discussions

PROCEDURE

44.01 Within thirty (30) consecutive days of receiving a notice of dispute under section 43.01, the LandsDepartment shall prepare anddeliver a report on the dispute anda copy ofthe notice ofdispute to the Chairofthe Roster Panel.

Notice of Dispute

44.02 As soon as practicable after receiving a report and notice ofdispute under section 44.01 theChair ofthe Roster Panel oranother person notaffected by thedispute and designated by the Henvey Inlet First NationLands Committee for that purpose, shall makebestefforts to meet with the parties and attempt to resolve thedisputethrough facilitated discussions.

SET MEETINGDATE AND TIME

44.03 In setting the date and time of the meeting referred to in section 44.02 the Chair of the Roster Panelorolher person appointed for the purposes ofsection 44.02 mayconsider anyneedto:a) obtain further information;

b) givenotice ofthe dispute to others who have ormay havean interest in it; orc) obtain professional advice in relation to the dispute.

Other mechanisms

44.04 Where the Chair of the Roster Panel or other person appointed for the purposes of section 44.02concludes that thedispute cannot be resolved through facilitated discussions, she may in her sole discretiondirect that thedispute proceed to mediation or final arbitration hearing by the Dispute Resolution Panel.

3D

M^HW H'NVBY INLET WIT NATION LAND CODB

45 Mediation

Appointment

45.01 *m«^^*»^»W»*<°'«*"'°<,»i',°«°m*'k'*"SK'rm°l

Resolution Panel shall hear the dispute.

tTZ m— •« »-** -** *• **- «*- fc «^— °f* P""eS """dispute.

J7 At the conclusion of mediation, the mediator shall submit awritten report on the mediationproceedings to the parties to the dispute and the Roster Panel.46 Final Arbitration by the Dispute Resolution Panel

ZT Any — or mm Mm* - He»«y t*. n« ^ Urn mbe .Mto* Koste, Mfor resolution.

PANEI.OFTHREECHOSEN FROM ROSTER PANEL

«02 DIspuK, MM »*•«— N-.« »"»*— *»*w« ""*-*—*f0"OWS'„> <me (I) wm* i» to be chosen by e«h ofthel*o(2) pries to he d,sp«tt;L nL«||sLwkolstobetl»ch»icpenon.sh.nbechosenbylhere«orthel'anel.™d

chosen by the Roster Panel as awhole.

Panel established „ i .;„„,«46.03 The Dispute Resolution Panel is hereby established with jurisdiction to resolve disputes ,n relanon toHenvey Inlet First Nation Land.

47 Impartiality of the Dispute Resolution Panel

DUTY TO ACT IMPARTIALLY

47.01 The Panel shall act impartially and without bias or favour to any party madispute,

the Panel.

SSBSsstfaasssSBsaBe"-48 Powers ofthe Dispute Resolution Panel

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September9,2009 HENVEY 1NLBT FIRST NATION LAND CODE

POWERS OF PANEL

48.01 The Panel may, after hearing a dispute:a) confirm or reverse the decision, in whole orin part:b) substitute its own decision for the decision in dispute;c) direct that an action betaken or ceased:d) refer the matter ordispute back for anew decision; ore) make an order to give affect to its decision, including any necessary order for the survey ofan interest in

Henvey Inlet First Nation Und. the registration of an interest in Henvey Inlet First Nation Und. and theallocation ofthe costs ofany incidental measures to be taken to give effect to such an order.

recommendations by panel

48 02 In addition to making adetermination under section 48.01. the Dispute Resolution Panel may:a) recommend to Council the suspension ofany Und Law or decision made by Council for sue!.periodas.is

necessary for Council to reconsider, amend or repeal such law or decision, provided that any amendmentor repeal ofaUnd Uw is made in amanner consistent with this Land Code; or

b) make any other recommendation to Council that it deems reasonable and necessary in the circumstances.

INTERIM DECISIONS

48.03 The Dispute Resolution Panel may, In relation to adispute over which it has jurisdiction undff thisPart, make any interim order it considers to be necessary as amatter of urgency to preserve the rights oftheparties to the dispute or to preserve or protect an interest in Henvey Inlet First Nation Land.

Professional services

48.04 The Panel may obtain the service of professionals to assist it in fulfilling its functions, in which caseit shall make best efforts to use professional services available in the community.

WRITTEN DECISIONS

48.05 Decisions ofthe Panel must be in writing, signed by the person chairing the Panel or by an officerdesignated bythe Panel todo so.

REASONS

48 06 The Panel shall give reasons for its decision, and shalldo so in writing ifaparty to the proceedingsrequests them before, or within fourteen (14) consecutive days after, the date ofthe decision.

APPEAL OF DECISION

48.07 Adecision ofthe Panel is binding but, subject to any exception established by alaw. may beappealed to the Federal Court (Trial Division).

49 Liability

PART 9

OTHER MATTERS

Liability coverage

49.01 The Councils**// arrange, maintain and pay for insurance coverage for its^^^^engaged in carrying out any matter related to First Nation land to indemnify them against personal liabilityarising from the performance ofthose duties.

EXTENT OFCOVERAGE

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September 9,2009 HENVEYINLET FIRST NATION LAND CODE

49.02 The extent ofthe insurance coverage shallbe determined by the Council.

Bonding

49.03 Every employee ofHenvey Inlet First Nation whose responsibilities include land administration orcollecting oraccounting for land revenue must be bondable.

50 Offences

Application oi hik Criminal Code

50.01 Unless some other procedure is provided for by alaw. the summary conviction procedures of PartXXVII ofthe Criminal Code, as amended from time to time, apply tooffeiwes under this UndCode or undera law.

51 Revisions to Land Code

RtVISIONS

51.01 ARatification Vote is not required for revisions made to this Land Code that do not change thesubstance ofthis Und Code. The Council shall, from time to time, arrange and revise this Land Code.Revisions may be made asa result of, but are not limited to:a) areference in this Land Code to aclause in another act or document that was amended and resulted in

clause renumbering;b) areference in this Und Code to an Act or parts thereof that have expired, have been repealed or

suspended;c) minor improvements in the language as may be required to bring out more clearly the intention of Henvey

Inlet First Nation without changing the substance ofthe Land Code;d) changes in this Und Code as are required to reconcile seeming inconsistencies with other acts; ande) corrections ofediting, grammatical ortypographical errors.

52 Commencement

PRECONDITIONS

52 01 This Und Code shall not take effect unless the community approves this Und Code and theIndividual Agreement with Canada and this Und Code has been certified by the verifier pursuant to theFramework Agreement.

Commencement

52.02 Subject to section 52.01, this Land Code shall take effect on the first day ofthe month following thecertification of this Und Codeby the verifier.

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