Marginal note:Indian Act

16. Subject to the Indian Act Transition Chapter and paragraphs 5 and 6 of the Taxation Chapter of the Nisga’a Final Agreement, the Indian Act does not apply to the Nisga’a Nation, Nisga’a Villages, Nisga’a Institutions or Nisga’a citizens as of the effective date of that Agreement, except for the purpose of determining whether an individual is an “Indian”.

Marginal note:Section 126 of Criminal Code

17. For greater certainty, section 126 of the Criminal Code does not apply in respect of anything required to be done or forbidden to be done by or under the Nisga’a Final Agreement.

Marginal note:Statutory Instruments Act

18. For greater certainty, neither Nisga’a laws nor any instruments made under the Nisga’a Final Agreement are statutory instruments within the meaning of the Statutory Instruments Act.

Marginal note:Federal Courts Act

19. For greater certainty, no Nisga’a Institution or Nisga’a Court, and no body or person appointed by Nisga’a Government having, exercising or purporting to exercise jurisdiction or powers conferred by or under a Nisga’a law, is a federal board, commission or other tribunal within the meaning of the Federal Courts Act.

Marginal note:Notice of issues arising

• 20. (1) If, in any judicial or administrative proceeding, an issue arises in respect of

  • (a) the interpretation or validity of the Nisga’a Final Agreement, or

  • (b) the validity or applicability of any settlement legislation or any Nisga’a law,

  the issue shall not be decided until the party raising the issue has properly served notice on the Attorney General of Canada, the Attorney General of British Columbia and the Nisga’a Lisims Government.

• Marginal note:Content of notice

  (2) The notice required under subsection (1) must

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

  • (b) state whether the issue arises in respect of the matters referred to in paragraph (1)(a) or (b) or both;

  • (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 fourteen 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 to which subsection (1) applies, the Attorney General of Canada, the Attorney General of British Columbia and the Nisga’a Lisims Government 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 where one is not otherwise required.