Bill C-9
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2nd Session, 36th Parliament, 48 Elizabeth II, 1999
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The House of Commons of Canada
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BILL C-9 |
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An Act to give effect to the Nisga'a Final
Agreement
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| Preamble
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Whereas the reconciliation between the
prior presence of aboriginal peoples and the
assertion of sovereignty by the Crown is of
significant social and economic importance to
Canadians;
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Whereas Canadian courts have stated that
this reconciliation is best achieved through
negotiation and agreement, rather than
through litigation or conflict;
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Whereas representatives of the Nisga'a
Nation, Her Majesty in right of Canada and
Her Majesty in right of British Columbia have
negotiated the Nisga'a Final Agreement to
achieve this reconciliation and to establish a
new relationship among them;
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Whereas the Constitution of Canada is the
supreme law of Canada;
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Whereas the Nisga'a Final Agreement
states that the Agreement does not alter the
Constitution of Canada;
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Whereas the Nisga'a Final Agreement
states that the Canadian Charter of Rights and
Freedoms applies to Nisga'a Government in
respect of all matters within its authority,
bearing in mind the free and democratic
nature of Nisga'a Government as set out in the
Agreement;
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And Whereas the enactment of federal
legislation is required by the Nisga'a Final
Agreement to give effect to the Agreement;
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Now, Therefore, Her Majesty, by and with the
advice and consent of the Senate and House of
Commons of Canada, enacts as follows:
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the Nisga'a
Final Agreement Act.
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INTERPRETATION |
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| Definitions
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2. (1) The definitions in this subsection
apply in this Act.
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| ``Nisga'a
Final
Agreement'' « Accord définitif nisga'a »
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``Nisga'a Final Agreement'' means the
Nisga'a Final Agreement signed on behalf
of the Nisga'a Nation and Her Majesty in
right of British Columbia on April 27, 1999
and on behalf of Her Majesty in right of
Canada on May 4, 1999 and laid before the
House of Commons on October 19, 1999,
and includes any amendments made to that
Agreement from time to time in accordance
with its provisions.
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| ``settlement
legislation'' « législation de mise en vigueur »
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``settlement legislation'' means the Acts of
Parliament and the Acts of the Legislature
of British Columbia that give effect to the
Nisga'a Final Agreement, including this
Act and the Nisga'a Final Agreement Act
(British Columbia).
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| ``Taxation
Agreement'' « accord fiscalt »
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``Taxation Agreement'' means the Nisga'a
Nation Taxation Agreement, laid before the
House of Commons on October 19, 1999,
and entered into on the effective date of the
Nisga'a Final Agreement by the Nisga'a
Nation, Her Majesty in right of Canada and
Her Majesty in right of British Columbia, as
provided for by paragraph 21 of the
Taxation Chapter of the Nisga'a Final
Agreement, and includes any amendments
made to the Nisga'a Nation Taxation
Agreement from time to time in accordance
with its provisions.
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| Expressions
defined in
Agreement
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(2) Words and expressions used in this Act
have the same meaning as in the Nisga'a Final
Agreement, unless the context requires
otherwise.
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| Constitution
Act, 1982
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3. The Nisga'a Final Agreement is a treaty
and a land claims agreement within the
meaning of sections 25 and 35 of the
Constitution Act, 1982.
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NISGA'A FINAL AGREEMENT |
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| Nisga'a Final
Agreement
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4. (1) The Nisga'a Final Agreement is
approved, given effect and declared valid and
has the force of law.
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| Rights and
duties
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(2) Without limiting the application of
subsection (1), a person or body has the
powers, rights, privileges and benefits
conferred on the person or body by the Nisga'a
Final Agreement and shall perform the duties
and is subject to the liabilities imposed on the
person or body by that Agreement.
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| Saving
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(3) No provision made by this Act for a
matter that is already provided for in the
Nisga'a Final Agreement limits the
application of this section.
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| Agreement
binding
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5. The Nisga'a Final Agreement is binding
on, and can be relied on by, all persons.
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| Conflict
between
Agreement
and laws
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6. In the event of an inconsistency or
conflict between the Nisga'a Final Agreement
and the provisions of any federal or provincial
law, including this Act, that Agreement
prevails to the extent of the inconsistency or
conflict.
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| Aboriginal
rights
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7. (1) Notwithstanding the common law, as
a result of the Nisga'a Final Agreement and
the settlement legislation, the aboriginal
rights, including the aboriginal title, of the
Nisga'a Nation, as they existed anywhere in
Canada before the effective date of that
Agreement, including their attributes and
geographic extent, are modified, and continue
as modified, as set out in that Agreement.
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| Aboriginal
title
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(2) For greater certainty, the aboriginal title
of the Nisga'a Nation anywhere that it existed
in Canada before the effective date of the
Nisga'a Final Agreement is modified and
continues as the estates in fee simple to those
areas identified in that Agreement as Nisga'a
Lands or Nisga'a Fee Simple Lands.
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| Interpreta- tion
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(3) The express derogation from the
common law contained in subsection (1),
which is also contained in paragraph 24 of the
General Provisions Chapter of the Nisga'a
Final Agreement, shall not be construed so as
to limit the effect on the common law of any
other provision of this or any other Act that
does not contain an express derogation from
the common law.
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| Fee simple
estate
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8. On the effective date of the Nisga'a Final
Agreement, the Nisga'a Nation owns the
estate in fee simple, as set out in the Lands
Chapter of that Agreement, in
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GENERAL |
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| Appropria- tion
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9. There shall be paid out of the
Consolidated Revenue Fund the sums that are
required to meet the obligations of Canada
under the Capital Transfer and Negotiation
Loan Repayment Chapter and the Fisheries
Chapter of the Nisga'a Final Agreement.
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| Regulations
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10. The Governor in Council may make any
regulations or orders that the Governor in
Council considers necessary or advisable for
the purpose of carrying out any of the
provisions of the Nisga'a Final Agreement or
of the Taxation Agreement.
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| Judicial notice
of
Agreements
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11. (1) Judicial notice shall be taken of the
Nisga'a Final Agreement and the Taxation
Agreement.
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| Publication of
Agreements
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(2) The Nisga'a Final Agreement and the
Taxation Agreement shall be published by the
Queen's Printer.
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| Evidence
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(3) A copy of the Nisga'a Final Agreement
or the Taxation Agreement published by the
Queen's Printer is evidence of that
Agreement, and a copy purporting to be
published by the Queen's Printer shall be
deemed to be so published, unless the contrary
is shown.
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| Judicial notice
of Nisga'a
laws
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12. (1) Judicial notice shall be taken of
Nisga'a laws.
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| Evidence of
Nisga'a law
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(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.
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| Harvest
Agreement
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13. (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.
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| Not a treaty
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(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.
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| Taxation
Agreement
given effect
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14. (1) The Taxation Agreement is
approved, given effect and declared valid.
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| Force of law
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(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.
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| Saving
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(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.
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| Transfers of
capital
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(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.
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| Definitions
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(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.
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| Not a treaty
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(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.
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LAWS OF BRITISH COLUMBIA |
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| Application of
laws
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15. 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.
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APPLICATION OF OTHER ACTS |
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| Indian Act
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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''.
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| Section 126 of
Criminal
Code
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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.
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| Statutory
Instruments
Act
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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.
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| Federal Court
Act
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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 Court Act.
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LEGAL PROCEEDINGS |
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| Notice of
issues arising
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20. (1) If, in any judicial or administrative
proceeding, an issue arises in respect of
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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.
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| Content of
notice
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(2) The notice required under subsection (1)
must
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| Participation
in
proceedings
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(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.
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| Saving
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(4) For greater certainty, subsections (2)
and (3) do not require that an oral hearing be
held where one is not otherwise required.
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