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Maanulth First Nations Final Agreement Act (S.C. 2009, c. 18)

Assented to 2009-06-18

Maanulth First Nations Final Agreement Act

S.C. 2009, c. 18

Assented to 2009-06-18

An Act to give effect to the Maanulth First Nations Final Agreement and to make consequential amendments to other Acts

SUMMARY

This enactment gives effect to the Maanulth First Nations Final Agreement. It also makes consequential amendments to other Acts.

Preamble

Whereas the Constitution Act, 1982 recognizes and affirms the existing aboriginal and treaty rights of the aboriginal peoples of Canada;

Whereas the Maanulth First Nations are part of the Nuuchahnulth, an aboriginal people of Canada;

Whereas the reconciliation between the prior presence of aboriginal peoples and the assertion of sovereignty by the Crown is of significant social and economic importance to Canadians;

Whereas Canadian courts have stated that this reconciliation is best achieved through negotiation;

Whereas the Maanulth First Nations, the Government of Canada and the Government of British Columbia have negotiated the Agreement to achieve this reconciliation and to establish a new relationship among them;

And whereas the Agreement requires that legislation be enacted by the Parliament of Canada in order for the Agreement to be ratified;

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

1. This Act may be cited as the Maanulth First Nations Final Agreement Act.

INTERPRETATION

Marginal note:Definitions

  • 2. (1) The following definitions apply in this Act.

    “Agreement”

    « accord »

    “Agreement” means the Maa-nulth First Nations Final Agreement, between the Maanulth First Nations, Her Majesty in right of Canada and Her Majesty in right of British Columbia, including any amendments made to it.

    “Tax Treatment Agreement”

    « accord sur le traitement fiscal »

    “Tax Treatment Agreement” means the tax treatment agreement referred to in paragraph 19.6.1 of the Agreement, including any amendments made to it.

  • Marginal note:Definitions in Agreement

    (2) In this Act, “Maanulthaht”, “Maanulth Citizen”, “Maanulth Corporation”, “Maanulth First Nation”, “Maanulth Government”, “Maanulth Lands”, “Maanulth Law”, “Maanulth Public Institution” and “Other Maanulth Lands” have the same meanings as “Maa-nulth-aht”, “Maa-nulth First Nation Citizen”, “Maa-nulth First Nation Corporation”, “Maa-nulth First Nation”, “Maa-nulth First Nation Government”, “Maa-nulth First Nation Lands”, “Maa-nulth First Nation Law”, “Maa-nulth First Nation Public Institution” and “Other Maa-nulth First Nation Lands”, respectively, in paragraph 29.1.1 of the Agreement.

Marginal note:Status of Agreement

3. The Agreement is a treaty and a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.

AGREEMENT

Marginal note:Agreement given effect

  • 4. (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 has 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:Third parties

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