Eeyou Marine Region Land Claims Agreement Act (S.C. 2011, c. 20)

Assented to 2011-11-29

Eeyou Marine Region Land Claims Agreement Act

S.C. 2011, c. 20

Assented to 2011-11-29

An Act to give effect to the Agreement between the Crees of Eeyou Istchee and Her Majesty the Queen in right of Canada concerning the Eeyou Marine Region

SUMMARY

This enactment gives effect to the Eeyou Marine Region land claims agreement.

Preamble

Recognizing that

  • the Crees of Eeyou Istchee assert aboriginal rights in and title to the Eeyou Marine Region as defined in the Agreement;
  • the Eeyou Marine Region is a fundamental and integral component of Eeyou Istchee as defined in the Agreement;
  • the Crees of Eeyou Istchee are an aboriginal people of Canada;
  • the Constitution Act, 1982 recognizes and affirms the existing aboriginal and treaty rights of the aboriginal peoples of Canada;
  • the Crees of Eeyou Istchee, as represented by the Grand Council of the Crees, and the Government of Canada have negotiated the Agreement;
  • the Crees of Eeyou Istchee, by a vote held from March 15 to 26, 2010, have approved the Agreement;
  • the Agreement was signed on behalf of the Crees of Eeyou Istchee and Her Majesty the Queen in right of Canada on July 7, 2010; and
  • 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

 This Act may be cited as the Eeyou Marine Region Land Claims Agreement Act.

INTERPRETATION

Definition of “Agreement”

  •  (1) In this Act, “Agreement” means the Agreement between the Crees of Eeyou Istchee and Her Majesty the Queen in right of Canada concerning the Eeyou Marine Region, signed on July 7, 2010, including any amendments made to it.

  • Marginal note:Definitions in Agreement

    (2) In this Act, “Crees of Eeyou Istchee” and “Legislation” have the same meaning as in Chapter 1 of the Agreement, and “Grand Council of the Crees” has the same meaning as “Grand Council of the Crees (Eeyou Istchee)” in that Chapter.

Marginal note:Status of Agreement

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

HER MAJESTY

Marginal note:Act binding on Her Majesty

 This Act is binding on Her Majesty in right of Canada or a province so as to give effect to the Agreement in accordance with its terms.

AGREEMENT

Marginal note:Agreement given effect
  •  (1) The Agreement is approved, given effect and declared valid.

  • Marginal note:Rights and obligations

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

  • Marginal note:Third parties

    (3) The Agreement is binding on, and may be relied on by, all persons and bodies that are not parties to it.

Marginal note:Inconsistency with Agreement
  •  (1) The Agreement prevails over this Act and other Legislation to the extent of an inconsistency or conflict between them.

  • Marginal note:Inconsistency with Act

    (2) This Act prevails over other Legislation to the extent of an inconsistency or conflict between them.

Marginal note:Legal capacity
  •  (1) The Eeyou Marine Region Planning Commission, the Eeyou Marine Region Wildlife Board and the Eeyou Marine Region Impact Review Board established by the Agreement each have the capacity, rights, powers and privileges of a natural person for the purposes of carrying out their objectives.

  • Marginal note:Not agents of Her Majesty

    (2) The bodies referred to in subsection (1) are not agents of Her Majesty in right of Canada.

APPROPRIATION

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

 The sums that are required to meet the monetary obligations of Her Majesty in right of Canada under Chapters 13, 22, 23 and 25 of the Agreement are to be paid out of the Consolidated Revenue Fund.

GENERAL

Marginal note:Judicial notice
  •  (1) Judicial notice is to be taken of the Agreement.

  • Marginal note:Publication

    (2) The Agreement is to be published by the Queen’s Printer.

  • Marginal note:Evidence

    (3) A copy of the Agreement published by the Queen’s Printer is evidence of the Agreement and of its contents, and a copy purporting to be published by the Queen’s Printer is presumed to be so published unless the contrary is shown.

Marginal note:Notice of issues arising
  •  (1) If an issue arises in any judicial or administrative proceeding in respect of the interpretation, validity or application of the Agreement or of this Act, the issue is not to be decided unless the party raising it has served notice on the Attorney General of Canada and the Grand Council of the Crees.

  • Marginal note:Notice of issues arising — Nunavut

    (2) If the issue affects the interests of the Government of Nunavut, it is not to be decided unless the party raising it has also served notice on the Minister of Justice of Nunavut.

  • Marginal note:Content of notice

    (3) The notice must

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

    • (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

    (4) In any proceeding to which subsection (1) applies, the Attorney General of Canada and the Grand Council of the Crees — and, if subsection (2) applies, the Minister of Justice of Nunavut — may appear and participate in the proceeding as parties with the same rights as any other party.

  • Marginal note:Saving

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

Marginal note:Statutory Instruments Act

 An instrument made under the Agreement is not a statutory instrument for the purposes 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 any of the provisions of the Agreement.

Marginal note:Review by Grand Council of the Crees
  •  (1) Within 10 years after this Act receives royal assent, a review of the implementation of this Act and the Agreement may be undertaken by the Grand Council of the Crees.

  • Marginal note:Report

    (2) The Grand Council of the Crees may submit a report on any review undertaken under subsection (1) to the Minister referred to in subsection 14(1).

  • Marginal note:Tabling of report

    (3) The Minister must cause any report submitted under subsection (2) to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives it.

Marginal note:Review by Minister
  •  (1) Within 10 years after this Act receives royal assent, a comprehensive review of the implementation of this Act and the Agreement must be undertaken by the Minister designated by the Governor in Council for the purposes of this Act.

  • Marginal note:Tabling of report

    (2) The Minister must cause a report on the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed.

COMING INTO FORCE

Marginal note:Order in council

 This Act comes into force on a day to be fixed by order of the Governor in Council.

 
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