Bill C-14
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TRANSITIONAL PROVISIONS
Wekeezhii Land and Water Board
95. (1) The Wekeezhii Land and Water Board established by section 57.1 of the Mackenzie Valley Resource Management Act, as enacted by section 31 of this Act, may not exercise its powers or perform its duties under sections 58.1 and 59, subsections 60(1) and (2), sections 79.1 to 79.3, 80.1 and 88 and subsection 89(2) of the Mackenzie Valley Resource Management Act until six months after the coming into force of this Act.
Mackenzie Valley Land and Water Board
(2) Despite subsection 102(1) of the Mackenzie Valley Resource Management Act, the Mackenzie Valley Land and Water Board shall exercise the powers and perform the duties of the Wekeezhii Land and Water Board under sections 58.1, 79.1 to 79.3, 80.1 and 88 and subsection 89(2) of that Act during the period of six months after the coming into force of this Act.
Exclusive original jurisdiction
(3) Despite subsection 32(1) of the Mackenzie Valley Resource Management Act and section 18 of the Federal Courts Act, the Supreme Court of the Northwest Territories has exclusive original jurisdiction to hear and determine any action or proceeding, whether or not by way of an application of a type referred to in subsection 32(1) of the Mackenzie Valley Resource Management Act, concerning the jurisdiction of the Wekeezhii Land and Water Board during the period of six months after the coming into force of this Act.
Validity of ordinances of the Northwest Territories
96. The following ordinances of the Northwest Territories are deemed for all purposes to have been validly made if they were made before the coming into force of this Act and would have been validly made if they had been made after that coming into force, and everything done under any of those ordinances before that coming into force has the effect that it would otherwise have if the ordinance had been validly made after that coming into force:
(a) the ordinance of the Northwest Territories entitled the Tlicho Land Claims and Self-Government Agreement Act;
(b) an ordinance that establishes community governments as required by chapter 8 of the Agreement; and
(c) an ordinance that establishes a community services agency as required by the first intergovernmental services agreement referred to in 7.10 of chapter 7 of the Agreement.
CONSEQUENTIAL AMENDMENTS
R.S., c. A-1
Access to Information Act
2000, c. 7, s. 21(2)
97. 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; or
(b) the Tlicho Government, as defined in section 2 of the Tlicho Land Claims and Self-Government Act.
R.S., c. L-6
Canada Lands Surveys Act
98. Paragraph 24(1)(a) of the Canada Lands Surveys Act is amended by striking out the word “or” at the end of subparagraph (iv), by replacing the word “and” at the end of subparagraph (v) with the word “or” and by adding the following after subparagraph (v):
(vi) Tlicho lands, as defined in section 2 of the Mackenzie Valley Resource Management Act; and
1992, c. 37
Canadian Environmental Assessment Act
99. Section 40 of the Canadian Environmental Assessment Act is amended by adding the following after subsection (2.1):
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.
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.
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-27
Northwest Territories Act
101. The Northwest Territories Act is amended by adding the following after section 16:
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:
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. 39
Northwest Territories Waters Act
103. The Northwest Territories Waters Act is amended by adding the following after section 9:
TLICHO COMMUNITIES
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.
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):
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. 2
Payments 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-21
Privacy Act
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-1
Access 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.
R.S., c. 44 (4th Supp.)
Lobbyists Registration Act
108. On the later of the coming into force of section 17 of the Westbank First Nation Self-Government Act and section 100 of this Act, paragraph 4(1)(d.3) of the Lobbyists Registration Act is replaced by the following:
(d.3) members of the council, as defined in the Westbank First Nation Self-Government Agreement given effect by the Westbank First Nation Self-Government Act, or persons on the staff of the council or of a member of the council;
(d.4) 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. P-21
Privacy Act
109. On the later of the coming into force of subsection 18(2) of the Westbank First Nation Self-Government Act and section 106 of this Act, 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;
(b) the council of the Westbank First Nation; or
(c) the Tlicho Government, as defined in section 2 of the Tlicho Land Claims and Self-Government Act.
Other Amendments
2003, c. 10
110. (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 100 of this Act, then, on the later of the coming into force of that subsection 3(1) and the day on which this Act receives royal assent, section 100 of this Act and the heading before it are repealed.
(2) If subsection 3(1) of the other Act comes into force on or after the day on which section 100 of this Act comes into force and section 108 of this Act has not had its effect, then, on the coming into force of that subsection 3(1), paragraph 4(1)(d.3) of the Lobbyists Registration Act is repealed.
(3) If subsection 3(1) of the other Act comes into force on or after the day on which section 100 of this Act comes into force and section 108 of this Act has had its effect, then, on the coming into force of that subsection 3(1), paragraphs 4(1)(d.3) and (d.4) of the Lobbyists Registration Act are repealed.
COMING INTO FORCE
Order in council
111. This Act, other than sections 107 to 110, comes into force on a day to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons
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Explanatory Notes
Access to Information Act
Clause 97: Existing text of subsection 13(3):
(3) The expression “aboriginal government” in paragraph (1)(e) means Nisga’a Government, as defined in the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act.
Canada Lands Surveys Act
Clause 98: Relevant portion of subsection 24(1):
24. (1) In this Part, “Canada Lands” means
(a) any lands belonging to Her Majesty in right of Canada or of which the Government of Canada has power to dispose that are situated in Yukon, the Northwest Territories, Nunavut or in any National Park of Canada and any lands that are
Canadian Environmental Assessment Act
Clause 99: New.
Lobbyists Registration Act
Clause 100: Relevant portion of subsection 4(1):
4. (1) This Act does not apply to any of the following persons when acting in their official capacity, namely,
Northwest Territories Act
Clause 101: New.
Clause 102: New.
Northwest Territories Waters Act
Clause 103: New.
Clause 104: New.
Payment in Lieu of Taxes Act
Clause 105: Relevant portion of the definition:
“taxing authority” means
Privacy Act
Clause 106: Existing text of subsection 8(7):
(7) The expression “aboriginal government” in paragraph (2)(k) means Nisga’a Government, as defined in the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act.