Bill C-57
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2nd Session, 37th Parliament, 51-52 Elizabeth II, 2002-2003
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House of Commons of Canada
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BILL C-57 |
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An Act to give effect to the Westbank First
Nation Self-Government Agreement
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| Preamble
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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;
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the Westbank
First Nation Self-Government Act.
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INTERPRETATION |
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| Definition of
``Agreement''
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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.
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| Expressions
used in
Agreement
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(2) In this Act, the expressions ``council'',
``member'', ``Westbank First Nation'',
``Westbank land'' and ``Westbank law'' have
the same meaning as in the Agreement.
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EFFECT OF AGREEMENT |
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| Force of law
of Agreement
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3. (1) The Agreement is approved and has
the force of law.
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| Persons and
bodies subject
to Agreement
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(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.
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| Agreement
binding
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4. (1) The Agreement is binding on and may
be relied on by all persons.
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| International
obligations
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(2) The provisions of the Agreement
respecting Canada's international legal
obligations may be invoked only by a party to
the Agreement.
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| Conflicts with
other federal
laws
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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.
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APPLICATION OF OTHER ACTS |
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| Indian Act
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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.
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| Acts
respecting
reserve lands
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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.
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| Statutory
Instruments
Act
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8. The Statutory Instruments Act does not
apply in respect of Westbank law.
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LEGAL PROCEEDINGS |
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| Judicial notice
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9. Judicial notice shall be taken of the
Agreement and Westbank law.
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| Judicial
review
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10. Application for judicial review in
accordance with the Agreement may only be
made after all applicable procedures for
appeal or review provided by Westbank law
have been exhausted.
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| Federal
Courts Act
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11. Neither the council nor any person or
body appointed by the Westbank First Nation
and having, exercising or purporting to
exercise jurisdiction or powers conferred by
or under Westbank law is a federal board,
commission or other tribunal within the
meaning of the Federal Courts Act.
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| Notice of
issues arising
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12. (1) A party in any proceeding before a
court or tribunal shall serve notice in writing
on the Attorney General of Canada and the
Westbank First Nation of any issue raised by
that party in respect of
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| Content of
notice
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(2) A notice must identify the proceeding in
which the issue arises, state whether it arises
in relation to paragraph (1)(a) or (b), give
particulars of the point to be argued and, if a
date has been fixed for argument, give the
date.
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| Attachments
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(3) A notice shall be accompanied by copies
of all pleadings and other documents
pertaining to the issue that are in the
possession of the court or tribunal.
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| Time of
service
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(4) A notice shall be served within seven
days after the issue is first raised by a party to
the proceeding, whether in the initial
pleadings or otherwise, and the issue may not
be argued sooner than fourteen days after
service unless the court or tribunal allows a
shorter period.
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| Participation
in
proceedings
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(5) In any proceeding to which subsection
(1) applies, the Attorney General of Canada
and the Westbank First Nation may appear and
participate with the same rights as any other
party.
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GENERAL |
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| Regulations
and orders
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13. The Governor in Council may, on the
recommendation of the Minister of Indian
Affairs and Northern Development made after
consideration of any representations of the
council, make any regulations or orders that
the Governor in Council considers necessary
or advisable for the purpose of carrying out the
provisions of the Agreement.
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| References to
``Canada''
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14. References in the Agreement to
``Canada'', other than as a place, shall be read
as references to Her Majesty in right of
Canada.
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| Deposit of
Agreement
and
amendments
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15. The Minister of Indian Affairs and
Northern Development shall have a copy of
the Agreement and of every amendment made
to the Agreement, certified by the Minister to
be a true copy, deposited in
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RELATED AMENDMENTS |
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| R.S., c. A-1
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Access to Information Act |
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| 2000, c. 7,
s. 21(2)
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16. Subsection 13(3) of the Access to
Information Act is replaced by the
following:
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| Definition of
``aboriginal
government''
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(3) The expression ``aboriginal
government'' in paragraph (1)(e) means
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| R.S., c. 44
(4th Supp.)
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Lobbyists Registration Act |
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17. Subsection 4(1) of the Lobbyists
Registration Act is amended by adding the
following after paragraph (d.2):
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| R.S., c. P-21
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Privacy Act |
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18. (1) Paragraph 8(2)(f) of the Privacy
Act is replaced by the following:
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| 2000, c. 7,
s. 26(2)
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(2) Subsection 8(7) of the Act is replaced
by the following:
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| Definition of
``aboriginal
government''
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(7) The expression ``aboriginal
government'' in paragraph (2)(k) means
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| Definition of
``council of
the Westbank
First Nation''
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(8) The expression ``council of the
Westbank First Nation'' in paragraphs (2)(f)
and (7)(b) means the council, as defined in the
Westbank First Nation Self-Government
Agreement given effect by the Westbank First
Nation Self-Government Act.
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19. Subsection 19(1) of the Act is
amended by striking out the word ``or'' at
the end of paragraph (c), by adding the
word ``or'' at the end of paragraph (d) and
by adding the following after paragraph
(d):
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COORDINATING AMENDMENTS |
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| 2003, c. 10
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20. (1) If subsection 3(1) of An Act to
amend the Lobbyists Registration Act,
chapter 10 of the Statutes of Canada, 2003
(the ``other Act''), comes into force before
the coming into force of section 17 of this
Act, then section 17 of this Act and the
heading before it are repealed on the
coming into force of subsection 3(1) of the
other Act or on royal assent to this Act,
whichever is later.
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(2) If subsection 3(1) of the other Act
comes into force on or after the day on
which section 17 of this Act comes into
force, then paragraph 4(1)(d.3) of the
Lobbyists Registration Act, as enacted by
section 17 of this Act, is repealed on the
coming into force of that subsection.
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| Bill C-36
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21. If Bill C-36, introduced in the 2nd
session of the 37th Parliament and entitled
the Library and Archives of Canada Act (the
``other Act''), receives royal assent, then, on
the later of the coming into force of section
4 of the other Act and paragraph 15(a) of
this Act, paragraph 15(a) of this Act is
replaced by the following:
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COMING INTO FORCE |
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| Order
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22. The provisions of this Act, other than
sections 20 and 21, come into force on a day
to be fixed by order of the Governor in
Council.
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