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

Act current to 2013-04-29 and last amended on 2012-02-15. Previous Versions

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

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.