Tlicho Land Claims and Self-Government (S.C. 2005, c. 1)

Assented to 2005-02-15

Tlicho Land Claims and Self-Government

S.C. 2005, c. 1

Assented to 2005-02-15

An Act to give effect to a land claims and self-government agreement among the Tlicho, the Government of the Northwest Territories and the Government of Canada, to make related amendments to the Mackenzie Valley Resource Management Act and to make consequential amendments to other Acts

SUMMARY

This enactment gives effect to the Tlicho Land Claims and Self-Government Agreement and the Tlicho Tax Treatment Agreement. It includes related amendments to the Mackenzie Valley Resource Management Act and consequential amendments to a number of other Acts.

Preamble

WHEREAS the Tlicho is an aboriginal people of Canada that has used and occupied lands in and adjacent to the Northwest Territories from time immemorial;

WHEREAS the Tlicho, as represented by the Dogrib Treaty 11 Council, the Government of the Northwest Territories and the Government of Canada negotiated a land claims and self-government agreement in order to define and provide certainty in respect of rights of the Tlicho relating to lands, resources and self-government;

WHEREAS the Tlicho, by a vote held on June 26 and 27, 2003, approved the agreement;

WHEREAS the Tlicho, as represented by the Dogrib Treaty 11 Council, the Government of the Northwest Territories and the Government of Canada signed the agreement on August 25, 2003;

WHEREAS on October 10, 2003 the Commissioner in Council of the Northwest Territories made an ordinance entitled the Tlicho Land Claims and Self-Government Agreement Act approving the agreement;

AND WHEREAS the agreement provides that the agreement will be a land claims agreement within the meaning of section 35 of the Constitution Act, 1982 and that approval by Parliament is a condition precedent to the validity of the agreement;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Tlicho Land Claims and Self-Government Act.

INTERPRETATION

Marginal note:Definitions

 The following definitions apply in this Act.

Agreement

Accord

Agreement means the Land Claims and Self-Government Agreement among the Tlicho, the Government of the Northwest Territories and the Government of Canada, signed on August 25, 2003, including any amendments made to it from time to time. (Accord)

Tax Treatment Agreement

accord sur le traitement fiscal

Tax Treatment Agreement means the Tlicho Tax Treatment Agreement among the Government of Canada, the Government of the Northwest Territories and the Tlicho First Nation, signed on behalf of the Government of Canada on February 6, 2003, on behalf of the Government of the Northwest Territories on February 27, 2003 and on behalf of the Tlicho First Nation on March 3, 2003, including any amendments made to it from time to time. (accord sur le traitement fiscal)

Tlicho Government

gouvernement tlicho

Tlicho Government means the government of the Tlicho First Nation established in accord­ance with chapter 7 of the Agreement. (gouvernement tlicho)

Tlicho law

loi tlicho

Tlicho law means a law enacted by the Tlicho Government. (loi tlicho)

AGREEMENT

Marginal note:Agreement given effect
  •  (1) The Agreement is approved, given effect and declared valid and has the force of law.

  • Marginal note:Rights and obligations

    (2) For greater certainty, any person or body may exercise the powers, rights, privileges and benefits conferred on the person or body by the Agreement and shall perform the duties, and is subject to the liabilities, imposed on the person or body by the Agreement.

  • Marginal note:Agreement binding

    (3) For greater certainty, the Agreement is binding on, and may be relied on by, all persons and bodies.

Marginal note:Publication of Agreement and amendments

 The Minister of Indian Affairs and Northern Development shall cause a copy of the Agreement and of any amendments made to it to be deposited in

  • (a) the Library of Parliament;

  • (b) the library of the Legislative Assembly of the Northwest Territories;

  • (c) the main office of the Tlicho Government;

  • (d) the library of the Department of Indian Affairs and Northern Development that is situated in the National Capital Region;

  • (e) the office of the Registrar of Land Titles for the Northwest Territories;

  • (f) the regional office of the Department of Indian Affairs and Northern Development that is situated in the Northwest Territories; and

  • (g) any other places that that Minister considers necessary.

OTHER LAWS

Marginal note:Conflict between the Agreement or this Act and other legislation
  •  (1) In the event of an inconsistency or conflict between the Agreement or this Act, or any regulations made under this Act, and the provisions of any other Act of Parliament, any ordinance of the Northwest Territories, any regulations made under any of those other Acts or ordinances, or any Tlicho law, then the Agreement or this Act, or regulations made under this Act, as the case may be, prevail to the extent of the inconsistency or conflict.

  • Marginal note:Conflict between the Agreement and this Act

    (2) In the event of an inconsistency or conflict between the Agreement and the provisions of this Act or any regulations made under this Act, the Agreement prevails to the extent of the inconsistency or conflict.

APPROPRIATION

Marginal note:Payments out of C.R.F.

 There shall be paid out of the Consolidated Revenue Fund any sums that are required to meet the monetary obligations of Canada under chapters 9, 18 and 24 to 26 of the Agreement.

TAXATION

Marginal note:Tax Treatment Agreement given effect
  •  (1) The Tax Treatment Agreement is approved, given effect and declared valid and has the force of law during the period that it is in effect.

  • Marginal note:Not a treaty

    (2) The Tax Treatment Agreement does not form part of the Agreement and is not a treaty or a land claims agreement within the meaning of section 35 of the Constitution Act, 1982.

WEKEEZHII RENEWABLE RESOURCES BOARD

Marginal note:Legal capacity

 For the purposes of carrying out its objectives, the Wekeezhii Renewable Resources Board established by chapter 12 of the Agreement has the capacity, rights, powers and privileges of a natural person.

GENERAL

Marginal note:Judicial notice of Agreements
  •  (1) Judicial notice shall be taken of the Agreement and the Tax Treatment Agreement.

  • Marginal note:Publication of Agreements

    (2) The Agreement and the Tax Treatment Agreement shall be published by the Queen’s Printer.

  • Marginal note:Evidence

    (3) A copy of the Agreement or the Tax Treatment Agreement published by the Queen’s Printer is evidence of that Agreement, and a copy purporting to be published by the Queen’s Printer is deemed to be so published, unless the contrary is shown.

Marginal note:Judicial notice of Tlicho laws
  •  (1) Judicial notice shall be taken of Tlicho laws.

  • Marginal note:Evidence of Tlicho laws

    (2) A copy of a Tlicho law purporting to be deposited in the public registry of Tlicho laws referred to in chapter 7 of the Agreement is evidence of that law and of its contents, unless the contrary is shown.

Marginal note:Statutory Instruments Act

 For greater certainty, Tlicho laws are not statutory instruments within the meaning of the Statutory Instruments Act.

 
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