Nisga’a Final Agreement Act (S.C. 2000, c. 7)

Act current to 2014-09-29 and last amended on 2003-07-02. Previous Versions

Marginal note:Judicial notice of Nisga’a laws
  •  (1) Judicial notice shall be taken of Nisga’a laws.

  • Marginal note:Evidence of Nisga’a law

    (2) A copy of a Nisga’a law purporting to be deposited in the public registry of Nisga’a laws referred to in the Nisga’a Government Chapter of the Nisga’a Final Agreement is evidence of that law and of its contents, unless the contrary is shown.

Marginal note:Harvest Agreement
  •  (1) The Minister of Fisheries and Oceans has the authority, on behalf of Her Majesty in right of Canada, to enter into the Harvest Agreement described in the Fisheries Chapter of the Nisga’a Final Agreement.

  • Marginal note:Not a treaty

    (2) The Harvest Agreement does not form part of the Nisga’a Final Agreement, and it is not a treaty or a land claims agreement within the meaning of section 25 or 35 of the Constitution Act, 1982.

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

  • Marginal note:Force of law

    (2) Paragraphs 1, 4 to 15, 28 to 32 and 34 to 36 of the Taxation Agreement have the force of law during the period that the Agreement, by its terms, is in force.

  • Marginal note:Saving

    (3) Nothing in the Taxation Agreement or in this Act limits any entitlement of the Nisga’a Nation, a Nisga’a Village or a Nisga’a government corporation to any benefit available to it under a federal law of general application.

  • Marginal note:Transfers of capital

    (4) A transfer of Nisga’a capital, other than cash, between or among two or more of the Nisga’a Nation, Nisga’a Villages and Nisga’a government corporations, is not taxable under a federal law during the period that the Taxation Agreement, by its terms, is in force.

  • Marginal note:Definitions

    (5) For the purposes of subsections (3) and (4) and the paragraphs of the Taxation Agreement referred to in subsection (2), the definitions in the Taxation Agreement have the force of law.

  • Marginal note:Not a treaty

    (6) The Taxation Agreement does not form part of the Nisga’a Final Agreement, and it is not a treaty or a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.

LAWS OF BRITISH COLUMBIA

Marginal note:Application of laws

 To the extent that a law of British Columbia does not apply of its own force to the Nisga’a Nation, Nisga’a Villages, Nisga’a Institutions, Nisga’a Corporations or Nisga’a citizens, that law applies, subject to this Act and any other Act of Parliament, in accordance with the Nisga’a Final Agreement to the Nisga’a Nation, Nisga’a Villages, Nisga’a Institutions, Nisga’a Corporations or Nisga’a citizens, as the case may be.