Bill C-41

2nd Session, 40th Parliament,

57-58 Elizabeth II, 2009

house of commons of canada

BILL C-41

An Act to give effect to the Maanulth First Nations Final Agreement and to make consequential amendments to other Acts

Whereas the Constitution Act, 1982 recognizes and affirms the existing aboriginal and treaty rights of the aboriginal peoples of Canada;

Whereas the Maanulth First Nations are part of the Nuuchahnulth, an aboriginal people of Canada;

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;

Whereas Canadian courts have stated that this reconciliation is best achieved through negotiation;

Whereas the Maanulth First Nations, the Government of Canada and the Government of British Columbia have negotiated the Agreement to achieve this reconciliation and to establish a new relationship among them;

And whereas the Agreement requires that legislation be enacted by the Parliament of Canada in order for the Agreement to be ratified;

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

1. This Act may be cited as the Maanulth First Nations Final Agreement Act.

INTERPRETATION

2. (1) The following definitions apply in this Act.

“Agreement” means the Maa-nulth First Nations Final Agreement, between the Maanulth First Nations, Her Majesty in right of Canada and Her Majesty in right of British Columbia, including any amendments made to it.

“Tax Treatment Agreement” means the tax treatment agreement referred to in paragraph 19.6.1 of the Agreement, including any amendments made to it.

(2) In this Act, “Maanulthaht”, “Maanulth Citizen”, “Maanulth Corporation”, “Maanulth First Nation”, “Maanulth Government”, “Maanulth Lands”, “Maanulth Law”, “Maanulth Public Institution” and “Other Maanulth Lands” have the same meanings as “Maa-nulth-aht”, “Maa-nulth First Nation Citizen”, “Maa-nulth First Nation Corporation”, “Maa-nulth First Nation”, “Maa-nulth First Nation Government”, “Maa-nulth First Nation Lands”, “Maa-nulth First Nation Law”, “Maa-nulth First Nation Public Institution” and “Other Maa-nulth First Nation Lands”, respectively, in paragraph 29.1.1 of the Agreement.

3. The Agreement is a treaty and a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.

AGREEMENT

4. (1) The Agreement is approved, given effect and declared valid and has the force of law.

(2) For greater certainty, any person or body has the powers, rights, privileges and benefits conferred on the person or body by the Agreement and shall perform the duties, and is subject to the liabilities, imposed on the person or body by the Agreement.

(3) For greater certainty, the Agreement is binding on, and may be relied on by, all persons and bodies.

5. (1) The Agreement prevails over this Act and any other federal law to the extent of any inconsistency or conflict between them.

(2) This Act prevails over any other federal law to the extent of any conflict between them.

APPROPRIATION

6. There shall be paid out of the Consolidated Revenue Fund any sums that are required to meet the monetary obligations of Her Majesty in right of Canada under Chapters 16 and 17 of the Agreement.

LANDS

7. On the effective date of the Agreement, each Maanulth First Nation owns the estate in fee simple, as set out in Chapter 2 of the Agreement, in the Maanulth Lands referred to in relation to it in subparagraph 2.1.1a., b., c., d. or e. of the Agreement, as the case may be. In addition, the Ucluelet First Nation owns the estate in fee simple, as set out in Chapter 2 of the Agreement, in the Other Maanulth Lands referred to in paragraph 2.2.1 of the Agreement.

TAXATION

8. The Tax Treatment Agreement is approved, given effect and declared valid and has the force of law during the period that it is in effect.

9. The Tax Treatment Agreement does not form part of the Agreement and is not a treaty or a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.

FISHERIES

10. Despite section 7 of the Fisheries Act, the Minister of Fisheries and Oceans may, on behalf of Her Majesty in right of Canada, enter into and implement the Maa-nulth Harvest Agreement referred to in paragraph 10.2.1 of the Agreement, including any amendments made to it.

11. That Harvest Agreement does not form part of the Agreement and is not a treaty or a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.

APPLICATION OF OTHER ACTS

12. Subject to the provisions of Chapter 15 of the Agreement that deal with the continuing application of the Indian Act, and paragraphs 19.5.1 to 19.5.6 of the Agreement, the Indian Act does not apply to Maanulthaht, Maanulth First Nations, Maanulth Governments, Maanulth Public Institutions or Maanulth Corporations as of the effective date of the Agreement, except for the purpose of determining whether an individual is an Indian.

13. Maanulth Laws and other instruments made under the Agreement are not statutory instruments for the purposes of the Statutory Instruments Act.

APPLICATION OF LAWS OF BRITISH COLUMBIA

14. To the extent that a law of British Columbia does not apply of its own force to a Maanulthaht, a Maanulth Citizen, a Maanulth First Nation, a Maanulth Government, a Maanulth Public Institution, a Maanulth Corporation, Maanulth Lands or Other Maanulth Lands, because of the exclusive legislative authority of Parliament set out in Class 24 of section 91 of the Constitution Act, 1867, that law of British Columbia applies to it or to them by virtue of this section, in accordance with the Agreement and subject to this Act and any other Act of Parliament.

GENERAL

15. (1) Judicial notice shall be taken of the Agreement and the Tax Treatment Agreement.

(2) The Agreement and the Tax Treatment Agreement shall be published by the Queen’s Printer.

(3) A copy of the Agreement or the Tax Treatment Agreement published by the Queen’s Printer is evidence of that agreement and of its contents, and a copy purporting to be published by the Queen’s Printer is deemed to be so published, unless the contrary is shown.

16. (1) Judicial notice shall be taken of Maanulth Laws.

(2) A copy of a Maanulth Law purporting to be deposited in a public registry of laws referred to in subparagraph 13.5.1a. of the Agreement is evidence of that law and of its contents, unless the contrary is shown.

17. The Governor in Council may make any orders and regulations that are necessary for the purpose of carrying out any of the provisions of the Agreement or of the Tax Treatment Agreement.

18. Despite subsection 4(1), Chapters 26 and 28 of the Agreement are deemed to have effect as of December 9, 2006.

19. (1) If an issue arises in any judicial or administrative proceeding in respect of the interpretation or validity of the Agreement, or the validity or applicability of this Act, the British Columbia Maa-nulth First Nations Final Agreement Act or any Maanulth Law, then the issue shall not be decided until the party raising the issue has served notice on the Attorney General of Canada, the Attorney General of British Columbia and each applicable Maanulth First Nation.

(2) The notice shall

(a) describe the judicial or administrative proceeding;

(b) specify what the issue arises in respect of;

(c) state the day on which the issue is to be argued;

(d) give particulars necessary to show the point to be argued; and

(e) be served at least 14 days before the day of argument, unless the court or tribunal authorizes a shorter period.

(3) In any judicial or administrative proceeding in respect of which subsection (1) applies, the Attorney General of Canada, the Attorney General of British Columbia and the applicable Maanulth First Nation may appear and participate in the proceeding as parties with the same rights as any other party.

(4) For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required.

CONSEQUENTIAL AMENDMENTS

Access to Information Act

20. Subsection 13(3) of the Access to Information Act is amended by striking out “or” at the end of paragraph (e), by adding “or’’ at the end of paragraph (f) and by adding the following after paragraph (f):

(g) a Maanulth Government, within the meaning of subsection 2(2) of the Maanulth First Nations Final Agreement Act.

Fisheries Act

21. Subsection 5(4) of the Fisheries Act is amended by striking out “or” at the end of paragraph (a), by adding “or’’ at the end of paragraph (b) and by adding the following after paragraph (b):

(c) Maanulth Laws, within the meaning of subsection 2(2) of the Maanulth First Nations Final Agreement Act, made under chapter 10 of the Agreement, as defined in subsection 2(1) of that Act, given effect by that Act.

Payments in Lieu of Taxes Act

22. The definition “taxing authority” in subsection 2(1) of the Payments in Lieu of Taxes Act is amended by striking out “or” at the end of paragraph (h), by adding “or’’ at the end of paragraph (i) and by adding the following after paragraph (i):

(j) a Maanulth Government, within the meaning of subsection 2(2) of the Maanulth First Nations Final Agreement Act, if it levies and collects a real property tax or a frontage or area tax in respect of Maanulth Lands, within the meaning of that subsection.

Privacy Act

23. Subsection 8(7) of the Privacy Act is amended by striking out “or” at the end of paragraph (e), by adding “or’’ at the end of paragraph (f) and by adding the following after paragraph (f):

(g) a Maanulth Government, within the meaning of subsection 2(2) of the Maanulth First Nations Final Agreement Act.

Specific Claims Tribunal Act

24. Part 1 of the schedule to the Specific Claims Tribunal Act is amended by adding the following in alphabetical order:

Maanulth First Nations Final Agreement Act

COMING INTO FORCE

25. The provisions of this Act, other than section 18, come into force on a day or days to be fixed by order of the Governor in Council.