Tlicho Land Claims and Self-Government (S.C. 2005, c. 1)
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Assented to 2005-02-15
1992, c. 37Canadian Environmental Assessment Act
99. Section 40 of the Canadian Environmental Assessment Act is amended by adding the following after subsection (2.1):
Marginal note:Where no agreement
(2.2) Despite subsection (2.1), if, in respect of a proposal referred to in subsection 138.1(1) of the Mackenzie Valley Resource Management Act, no agreement is entered into under that subsection within the period fixed by the regulations referred to in subsection 138.1(4) of that Act, an assessment by a review panel of the proposal shall be conducted.
Marginal note:Coordination
(2.3) The Minister shall to the extent possible ensure that any assessment of the proposal required by subsection (2.2) is coordinated with any environmental impact review of the proposal under the Mackenzie Valley Resource Management Act.
Marginal note:Consultation
(2.4) Before taking a course of action under subsection 37(1) in respect of a proposal referred to in subsection (2.3), the responsible authority shall take into consideration any report in respect of the proposal that is issued under subsection 134(2) of the Mackenzie Valley Resource Management Act and shall consult the persons and bodies to whom the report is submitted or distributed under subsection 134(3) of that Act.
R.S., c. 44 (4th Supp.)Lobbyists Registration Act
100. Subsection 4(1) of the Lobbyists Registration Act is amended by adding the following after paragraph (d.2):
(d.3) members or employees of the Tlicho Government, as defined in section 2 of the Tlicho Land Claims and Self-Government Act, or persons on the staff of those members;
R.S., c. N-27Northwest Territories Act
101. The Northwest Territories Act is amended by adding the following after section 16:
Marginal note:Roads identified in Tlicho Land Claims and Self-Government Agreement
16.1 Ordinances made by the Commissioner in Council under paragraph 16(o) apply to roads identified in the Agreement, as defined in section 2 of the Tlicho Land Claims and Self-Government Act, as if they were on public lands if the Agreement provides that those ordinances apply to those roads.
102. The Act is amended by adding the following after section 17:
Marginal note:Agreement implementation Acts
17.1 Despite section 17, the Commissioner in Council may, in exercising the powers of the Commissioner in Council under section 16 for the purpose of implementing the Agreement, as defined in section 2 of the Tlicho Land Claims and Self-Government Act, make ordinances that are in relation to the matters coming within class 24 of section 91 of the Constitution Act, 1867.
1992, c. 39Northwest Territories Waters Act
103. The Northwest Territories Waters Act is amended by adding the following after section 9:
TLICHO COMMUNITIES
Marginal note:Exemption
9.1 (1) Sections 8 and 9 do not apply in respect of a use of waters or a deposit of waste in a Tlicho community, if the local government of that community has enacted a bylaw providing that a licence is not required for that type of use or deposit.
Marginal note:Same meaning
(2) The expressions “Tlicho community” and “local government” in subsection (1) have the same meaning as in section 2 of the Mackenzie Valley Resource Management Act.
104. Section 14 of the Act is amended by adding the following after subsection (6):
Marginal note:Statutory Instruments Act
(7) For greater certainty, licences issued by the Board under this Act either before or after the coming into force of this subsection are not statutory instruments within the meaning of the Statutory Instruments Act.
R.S., c. M-13; 2000, c. 8, s. 2Payments in Lieu of Taxes Act
105. The definition “taxing authority” in subsection 2(1) of the Payments in Lieu of Taxes Act is amended by striking out the word “or” at the end of paragraph (e), by adding the word “or” at the end of paragraph (f) and by adding the following after paragraph (f):
(g) the Tlicho Government, as defined in section 2 of the Tlicho Land Claims and Self-Government Act, if it levies and collects a real property tax or a frontage or area tax in respect of Tlicho lands, as defined in section 2 of the Mackenzie Valley Resource Management Act.
R.S., c. P-21Privacy Act
Marginal note:2000, c. 7, s. 26(2)
106. Subsection 8(7) of the Privacy Act is replaced by the following:
Definition of “aboriginal government”
(7) The expression “aboriginal government” in paragraph (2)(k) means
(a) Nisga’a Government, as defined in the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act; or
(b) the Tlicho Government, as defined in section 2 of the Tlicho Land Claims and Self-Government Act.
COORDINATING AMENDMENTS
R.S., c. A-1Access to Information Act
107. On the later of the coming into force of section 16 of the Westbank First Nation Self-Government Act and section 97 of this Act, subsection 13(3) of the Access to Information Act is replaced by the following:
Definition of “aboriginal government”
(3) The expression “aboriginal government” in paragraph (1)(e) means
(a) Nisga’a Government, as defined in the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act;
(b) the council, as defined in the Westbank First Nation Self-Government Agreement given effect by the Westbank First Nation Self-Government Act; or
(c) the Tlicho Government, as defined in section 2 of the Tlicho Land Claims and Self-Government Act.
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