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

Assented to 2009-06-18

Marginal note:Statutory Instruments Act

 Maanulth Laws and other instruments made under the Agreement are not statutory instruments for the purposes of the Statutory Instruments Act.

APPLICATION OF LAWS OF BRITISH COLUMBIA

Marginal note:Incorporation by reference

 To the extent that a law of British Columbia does not apply of its own force to a Maanulthaht, a Maanulth Citizen, a Maanulth First Nation, a Maanulth Government, a Maanulth Public Institution, a Maanulth Corporation, Maanulth Lands or Other Maanulth Lands, because of the exclusive legislative authority of Parliament set out in Class 24 of section 91 of the Constitution Act, 1867, that law of British Columbia applies to it or to them by virtue of this section, in accordance with the Agreement and subject to this Act and any other Act of Parliament.

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 of its contents, 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 Maanulth Laws
  •  (1) Judicial notice shall be taken of Maanulth Laws.

  • Marginal note:Evidence of Maanulth Laws

    (2) A copy of a Maanulth Law purporting to be deposited in a public registry of laws referred to in subparagraph 13.5.1a. of the Agreement is evidence of that law and of its contents, unless the contrary is shown.

Marginal note:Orders and regulations

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

Marginal note:Chapters 26 and 28 of Agreement

 Despite subsection 4(1), Chapters 26 and 28 of the Agreement are deemed to have effect as of December 9, 2006.

Marginal note:Notice of issues arising
  •  (1) If an issue arises in any judicial or administrative proceeding in respect of the interpretation or validity of the Agreement, or the validity or applicability of this Act, the British Columbia Maa-nulth First Nations Final Agreement Act or any Maanulth Law, then 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 British Columbia and each applicable Maanulth First Nation.

  • Marginal note:Content of notice

    (2) The notice shall

    • (a) describe the judicial or administrative proceeding;

    • (b) specify what the issue arises in respect of;

    • (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 in respect of which subsection (1) applies, the Attorney General of Canada, the Attorney General of British Columbia and the applicable Maanulth First Nation 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.