Land Codes

A Land Code is rules made by a First Nation about how reserve land will be managed.

First Nations can reclaim part of their Inherent Right to self-government through the Land Code process. A Land Code is rules made by a First Nation that say how reserve land will be managed.

If a First Nation has a Land Code, most parts of the Indian Act about reserve land no longer apply. Some parts of the Indian Act continue to apply. These include rules about:

  • protecting reserve land and property on reserves from being taken for a debt
  • interests in reserve land and property on reserves being exempt from taxes
  • registration as an Indian under the Act
  • elections
  • bylaws
  • Wills and Estates (except the rule that the Minister needs to approve someone inheriting reserve land)

Passing a Land Code

First Nations can pass Land Codes with the approval of their members.

Decisions Under a Land Code

Under a Land Code the First Nation can do anything an owner could do except sell the land. 

Laws Under a Land Code

First Nation Councils have the authority to pass laws based on a Land Code. 

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Department of Justice Canada

PLEA gratefully acknowledges funding from the Department of Justice Canada for the development and printing of this resource.

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The beautiful original artwork in this resource was created by Cree artist Linda Lavallee, owner of Cree Nisga’a Clothing.