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.

“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.

“Tlicho Government”

« gouvernement tlicho »

“Tlicho Government” means the government of the Tlicho First Nation established in accord­ance with chapter 7 of the Agreement.

“Tlicho law”

« loi tlicho »

“Tlicho law” means a law enacted by the Tlicho Government.

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.

Marginal note:Orders and regulations

 The Governor in Council may make any orders and regulations that are necessary for the purpose of carrying out the Agreement or the Tax Treatment Agreement.

Marginal note:Eligibility Committee

 Despite having been established before the effective date of the Agreement, the Eligibility Committee referred to in chapter 3 of the Agreement is deemed to have been validly established under the Agreement and to have had, since it was established, the jurisdiction, powers and authority provided by the Agreement.

Marginal note:Notice of issues arising
  •  (1) If, in any judicial or administrative proceeding, an issue arises in respect of

    • (a) the interpretation, validity or applicability of the Agreement, or

    • (b) the validity or applicability of this Act, the ordinance of the Northwest Territories entitled the Tlicho Land Claims and Self-Government Agreement Act or any Tlicho law,

    the issue shall not be decided until the party raising the issue has served notice on the Attorney General of Canada, the Attorney General of the Northwest Territories and the Tlicho Government.

  • Marginal note:Content of notice

    (2) The notice must

    • (a) describe the judicial or administrative proceeding in which the issue arises;

    • (b) state whether the issue arises in respect of the matters referred to in paragraph (1)(a) or (b) or both;

    • (c) state the day on which the issue is to be argued;

    • (d) give particulars necessary to show the point to be argued; and

    • (e) be served at least 14 days before the day of argument, unless the court or tribunal authorizes a shorter period.

  • Marginal note:Participation in proceedings

    (3) In any judicial or administrative proceeding to which subsection (1) applies, the Attorney General of Canada, the Attorney General of the Northwest Territories and the Tlicho Government may appear and participate in the proceeding as parties with the same rights as any other party.

  • Marginal note:Saving

    (4) For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required.

1998, c. 25AMENDMENTS TO THE MACKENZIE VALLEY RESOURCE MANAGEMENT ACT

  •  (1) The definitions “first nation”, “land claim agreement”, “local government”, “settlement area” and “settlement lands” in section 2 of the Mackenzie Valley Resource Management Act are replaced by the following:

    “first nation”

    « première nation »

    “first nation” means the Gwich’in First Nation, the Sahtu First Nation or bodies representing other Dene or Metis of the North Slave, South Slave or Deh Cho region of the Mackenzie Valley, but does not include the Tlicho First Nation or the Tlicho Government.

    “land claim agreement”

    « accord de revendication »

    “land claim agreement” means the Gwich’in Agreement, the Sahtu Agreement or the Tlicho Agreement.

    “local government”

    « administration locale »

    “local government” means any local government established under the laws of the Northwest Territories, including a city, town, village, hamlet, charter community, settlement or government of a Tlicho community, whether incorporated or not, and includes the territorial government acting in the place of a local government pursuant to those laws.

    “settlement area”

    « région désignée »

    “settlement area” means the area described in appendix A to the Gwich’in Agreement or in appendix A to the Sahtu Agreement.

    “settlement lands”

    « terres désignées »

    “settlement lands” means lands referred to as settlement lands in the Gwich’in Agreement or the Sahtu Agreement.

  • (2) Section 2 of the Act is amended by adding the following in alphabetical order:

    “Monfwi Gogha De Niitlee”

    « Monfwi gogha de niitlee »

    “Monfwi Gogha De Niitlee” means the area described in part 1 of the appendix to chapter 1 of the Tlicho Agreement.

    “territorial law”

    « règle de droit territoriale »

    “territorial law” means an ordinance of the Northwest Territories and any regulations made under such an ordinance.

    “Tlicho Agreement”

    « accord tlicho »

    “Tlicho 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 and approved, given effect and declared valid by the Tlicho Land Claims and Self-Government Act, as that Agreement is amended from time to time in accordance with its provisions.

    “Tlicho citizen”

    « citoyen tlicho »

    “Tlicho citizen” means a person whose name is on the Register as defined in chapter 1 of the Tlicho Agreement.

    “Tlicho community”

    « collectivité tlicho »

    “Tlicho community” means a community for which a community government is established in accordance with chapter 8 of the Tlicho Agreement.

    “Tlicho First Nation”

    « première nation tlicho »

    “Tlicho First Nation” means the aboriginal people of Canada to whom section 35 of the Constitution Act, 1982 applies, consisting of all Tlicho citizens.

    “Tlicho Government”

    « gouvernement tlicho »

    “Tlicho Government” means the government of the Tlicho First Nation established in accord­ance with chapter 7 of the Tlicho Agreement.

    “Tlicho lands”

    « terres tlichos »

    “Tlicho lands” means Tlicho lands as defined in chapter 1 of the Tlicho Agreement.

    “Tlicho law”

    « loi tlicho »

    “Tlicho law” means a law enacted by the Tlicho Government.

    “Wekeezhii”

    « Wekeezhii »

    “Wekeezhii” means the area described in part 2 of the appendix to chapter 1 of the Tlicho Agreement.

 
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