First Nations Oil and Gas and Moneys Management Act

First Nations Oil and Gas and Moneys Management Act
First Nations Oil and Gas and Moneys Management Act
Parliament of Canada
	Long title An Act to provide first nations with the option of managing and regulating oil and gas exploration and exploitation and of receiving moneys otherwise held for them by Canada ;
Citation	S.C. 2004, c. 48
Assented to	2005-11-25
Legislative history
First reading	2005-06-01
Second reading	2005-10-06
Third reading	2005-11-21
First reading	2005-11-22
Second reading	2005-11-22
Third reading	2005-11-24
Related legislation
	Indian Oil and Gas Act
	Status: In force

The First Nations Oil and Gas and Moneys Management Act (FNOGMMA) is an act of the Parliament of Canada relating to the control of land and moneys by certain First Nations.^[1]

History

Negotiations leading to the legislation were "extensive" and "spirited" with a backdrop of "complex" and "far-reaching" litigation.^[2]

Provisions

By opting into this act, First Nations opt out of sections 61-69 of the Indian Act.^[3]

First Nations who opt into act into the act no longer have the Indian Act requirement of seeking ministerial approval.^[4]

Application

In 2014, the Kawacatoose First Nation became the first First Nation to opt in to the legislation.^[5]

References

^ Wright, Laura; White, Jerry P. (2012-08-09). "Developing Oil and Gas Resources On or Near Indigenous Lands in Canada: An Overview of Laws, Treaties, Regulations and Agreements". International Indigenous Policy Journal. 3 (2). doi:10.18584/iipj.2012.3.2.5. ISSN 1916-5781.
^ Black, Alexander J. (2008). "Devolution of Oil and Gas Jurisdiction To First Nations In Canada". Alberta Law Review: 537–537. doi:10.29173/alr258. ISSN 1925-8356.
^ Gatensby, Anthony (2013). "The Legal Obligation of Band Councils". Indigenous Law Journal. 12. ISSN 1703-4566.
^ "Kawacatoose First Nation takes control of its resource moneys". Alberta Native News. 2014-04-21. Archived from the original on 2025-01-13. Retrieved 2025-04-26.
^ "Saskatchewan band becomes first of First Nations to take full control of natural resource royalties". Financial Post. 2014-03-21. Archived from the original on 2022-03-31. Retrieved 2025-04-26.

[1] Wright, Laura; White, Jerry P. (2012-08-09). "Developing Oil and Gas Resources On or Near Indigenous Lands in Canada: An Overview of Laws, Treaties, Regulations and Agreements". International Indigenous Policy Journal. 3 (2). doi:10.18584/iipj.2012.3.2.5. ISSN 1916-5781.

[2] Black, Alexander J. (2008). "Devolution of Oil and Gas Jurisdiction To First Nations In Canada". Alberta Law Review: 537–537. doi:10.29173/alr258. ISSN 1925-8356.

[3] Gatensby, Anthony (2013). "The Legal Obligation of Band Councils". Indigenous Law Journal. 12. ISSN 1703-4566.

[4] "Kawacatoose First Nation takes control of its resource moneys". Alberta Native News. 2014-04-21. Archived from the original on 2025-01-13. Retrieved 2025-04-26.

[5] "Saskatchewan band becomes first of First Nations to take full control of natural resource royalties". Financial Post. 2014-03-21. Archived from the original on 2022-03-31. Retrieved 2025-04-26.

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