Bill C-34

2nd Session, 41st Parliament,

62-63 Elizabeth II, 2013-2014

house of commons of canada

BILL C-34

An Act to give effect to the Tla’amin 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 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 Tla’amin Nation is an Aborig-inal people of Canada;

Whereas the Tla’amin Nation, 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 Tla’amin Final Agreement Act.

INTERPRETATION

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

“Agreement” means the Tla’amin Final Agreement, between the Tla’amin Nation, 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 22 of Chapter 21 of the Agreement, including any amendments made to it.

(2) In this Act, “Former Sliammon Indian Reserves”, “Other Tla’amin Lands”, “Sliammon Indian Band”, “Tla’amin Citizen”, “Tla’amin Corporation”, “Tla’amin Government”, “Tla’amin Lands”, “Tla’amin Law”, “Tla’amin Nation” and “Tla’amin Public Institution” have the same meanings as in Chapter 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 referred to in the Agreement has the powers, rights, privileges and benefits conferred on the person or body by the Agreement and must 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 between them.

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

APPROPRIATION

6. There must 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 18 and 19 of the Agreement.

LANDS

7. On the effective date of the Agreement, the Tla’amin Nation owns the estate in fee simple, as set out in Chapter 3 of the Agreement, in the Tla’amin Lands, except for the lands described in Part 1 of Appendix C-3 of the Agreement, and in the Other Tla’amin Lands.

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.

APPLICATION OF OTHER ACTS

10. Subject to section 12, to the provisions of Chapter 17 of the Agreement that deal with the continuing application of the Indian Act and to paragraphs 16 to 21 of Chapter 21 of the Agreement, the Indian Act does not apply to the Tla’amin Nation, Tla’amin Citizens, the Tla’amin Government, Tla’amin Public Institutions, Tla’amin Lands or Other Tla’amin Lands as of the effective date of the Agreement, except for the purpose of determining whether an individ-ual is an Indian.

11. Subject to section 12, the First Nations Land Management Act, the Framework Agreement as defined in subsection 2(1) of that Act and the Sliammon First Nation Land Code adopted under subsection 6(1) of that Act do not apply to the Tla’amin Nation, Tla’amin Citizens, the Tla’amin Government, Tla’amin Public Institutions or Tla’amin Lands as of the effective date of the Agreement.

12. (1) If a by-law made by the Sliammon Indian Band under the Indian Act, the Sliammon First Nation Land Code or a law made under the First Nations Land Management Act and made in accordance with that land code is in effect immediately before the effective date of the Agreement, it continues to be in effect on the Former Sliammon Indian Reserves for a period of 90 days beginning on that date.

(2) However, during that period, the Tla’amin Nation may repeal a by-law or law or the land code. Once repealed, the by-law, law or land code ceases to have effect.

13. For as long as the First Nations Land Management Act is in force, Her Majesty in right of Canada or the Tla’amin Nation, as the case may be, must, as of the effective date of the Agreement, indemnify the other in respect of anything done or omitted to be done in relation to the Former Sliammon Indian Reserves, in the same manner and under the same conditions as would be applicable if that Act continued to apply to the Former Sliammon Indian Reserves.

14. Tla’amin 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

15. To the extent that a law of British Columbia does not apply of its own force to the Tla’amin Nation, Tla’amin Citizens, the Tla’amin Government, Tla’amin Public Institutions, Tla’amin Corporations, Tla’amin Lands or Other Tla’amin 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

16. (1) Judicial notice must be taken of the Agreement and the Tax Treatment Agreement.

(2) The Agreement and the Tax Treatment Agreement must 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 presumed to be so published unless the contrary is shown.

17. (1) Judicial notice must be taken of Tla’amin Laws.

(2) A copy of a Tla’amin Law purporting to be deposited in the public registry referred to in subparagraph 19.a of Chapter 15 of the Agreement is evidence of that law and of its contents, unless the contrary is shown.

18. (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 Tla’amin Final Agreement Act or any Tla’amin Law, then the issue must 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 the Tla’amin Nation.

(2) The notice must

(a) describe the proceeding;

(b) specify the subject matter of the issue;

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

(d) give the particulars that are 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) The Attorney General of Canada, the Attorney General of British Columbia and the Tla’amin Nation may appear and participate in any proceeding in respect of which subsection (1) applies 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.

19. Despite subsection 4(1), Chapters 22 and 23 of the Agreement are deemed to have effect as of April 1, 2009.

20. 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.

CONSEQUENTIAL AMENDMENTS

Access to Information Act

21. Subsection 13(3) of the Access to Information Act is amended by adding the following after paragraph (e):

(e.1) the Tla’amin Government, as defined in subsection 2(2) of the Tla’amin Final Agreement Act;

Fisheries Act

22. Subsection 5(4) of the Fisheries Act is amended by adding the following after paragraph (a):

(a.1) Tla’amin Laws, as defined in subsection 2(2) of the Tla’amin Final Agreement Act, made under Chapter 9 of the Agreement, as defined in subsection 2(1) of that Act, given effect by that Act;

Payments in Lieu of Taxes Act

23. The definition “taxing authority” in subsection 2(1) of the Payments in Lieu of Taxes Act is amended by adding the following after paragraph (h):

(h.1) the Tla’amin Government, as defined in subsection 2(2) of the Tla’amin Final Agreement Act, if it levies and collects a real property tax or a frontage or area tax in respect of Tla’amin Lands, as defined in that subsection;

Privacy Act

24. Subsection 8(7) of the Privacy Act is amended by adding the following after paragraph (e):

(e.1) the Tla’amin Government, as defined in subsection 2(2) of the Tla’amin Final Agreement Act;

First Nations Land Management Act

25. Item 30 of the schedule to the First Nations Land Management Act is repealed.

Specific Claims Tribunal Act

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

Tla’amin Final Agreement Act

COMING INTO FORCE

27. The provisions of this Act, other than section 19, come into force on a day to be fixed by order of the Governor in Council.