An Act to give effect to the Westbank First Nation Self Government Agreement (S.C. 2004, c. 17)

Act current to 2012-05-14 and last amended on 2006-04-01. Previous Versions

An Act to give effect to the Westbank First Nation Self Government Agreement

S.C. 2004, c. 17

Assented to 2004-05-06

An Act to give effect to the Westbank First Nation Self Government Agreement

Preamble

WHEREAS the Government of Canada has undertaken to recommend to Parliament the enactment of legislation to give effect to the Westbank First Nation Self Government Agreement;

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

1. This Act may be cited as the Westbank First Nation Self-Government Act.

INTERPRETATION

Definition of “Agreement”

  • 2. (1) In this Act, “Agreement” means the Westbank First Nation Self-Government Agreement signed on behalf of the Westbank First Nation and Her Majesty in right of Canada on October 3, 2003 and laid before the Senate and the House of Commons on November 5, 2003, and includes any amendments made to it from time to time in accordance with its provisions.

  • Marginal note:Expressions used in Agreement

    (2) In this Act, the expressions “council”, “member”, “Westbank First Nation”, “Westbank lands” and “Westbank law” have the same meaning as in the Agreement.

EFFECT OF AGREEMENT

Marginal note:Force of law of Agreement

  • 3. (1) The Agreement is approved and has the force of law.

  • Marginal note:Persons and bodies subject to Agreement

    (2) Persons and bodies have the powers, rights, privileges and benefits conferred on them by the Agreement and are subject to the obligations and liabilities imposed on them by the Agreement.

Marginal note:Agreement binding

  • 4. (1) The Agreement is binding on and may be relied on by all persons.

  • Marginal note:International obligations

    (2) The provisions of the Agreement respecting Canada’s international legal obligations may be invoked only by a party to the Agreement.

Marginal note:Conflicts with other federal laws

5. In the event of a conflict between this Act or the Agreement and any other federal law, this Act or the Agreement prevails to the extent of the conflict.

APPLICATION OF OTHER ACTS

Marginal note:Indian Act

6. The Indian Act does not apply in respect of the Westbank First Nation, its council, its members or Westbank lands except to the extent provided by the Agreement.

Marginal note:Acts respecting reserve lands

7. The First Nations Land Management Act and the Indian Oil and Gas Act do not apply in respect of the Westbank First Nation, its council, its members or Westbank lands.