Bill C-63

2nd Session, 41st Parliament,

62-63-64 Elizabeth II, 2013-2014-2015

house of commons of canada

BILL C-63

An Act to give effect to the Déline Final Self-Government Agreement and to make consequential and related 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 Sahtu Dene and Metis Comprehensive Land Claim Agreement, signed on September 6, 1993, provides for the negotiation of self-government agreements among the Sahtu Dene and Metis, the Government of Canada and the Government of the Northwest Territories;

Whereas the Sahtu Dene and Metis Comprehensive Land Claim Agreement provides that self-government negotiations will address the desire of the Sahtu Dene and Metis to have self-government exercised as close to the community level as is reasonably possible;

Whereas the Sahtu Dene and Metis of Déline, as represented by the Déline First Nation Band and the Déline Land Corporation, the Government of Canada and the Government of the Northwest Territories have negotiated the Déline Final Self-Government Agreement in accordance with chapter 5 and Appendix B of the Sahtu Dene and Metis Comprehensive Land Claim Agreement;

Whereas the Sahtu Dene and Metis of Déline approved the Déline Final Self-Government Agreement by a vote held on March 10, 11 and 12, 2014;

And whereas the Déline Final Self-Government Agreement requires that legislation be enacted by the Parliament of Canada in order for that 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 Déline Final Self-Government Agreement Act.

INTERPRETATION

2. The following definitions apply in this Act.

“Déline Agreement” means the Déline Final Self-Government Agreement among the Déline First Nation Band, the Déline Land Corporation, the Government of Canada and the Government of the Northwest Territories, signed on February 18, 2015, including any amendments made to it.

“Déline First Nation Band” has the same meaning as in chapter 1 of the Déline Agreement.

“Déline Got’ine Government” means the government established in accordance with chapter 3 of the Déline Agreement.

“Déline Land Corporation” has the same meaning as in chapter 1 of the Déline Agreement.

“Déline law” has the meaning assigned by the definition “DGG Law” in chapter 1 of the Déline Agreement.

“Déline Tax Treatment Agreement” means the tax treatment agreement referred to in 22.3.1 of the Déline Agreement, including any amendments made to it.

“Sahtu Agreement” means the Agreement as defined in section 2 of the Sahtu Dene and Metis Land Claim Settlement Act.

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

DÉLINE AGREEMENT

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

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

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

5. (1) Subject to section 6, the Déline Agreement prevails over this Act and any other federal law to the extent of any inconsistency between them.

(2) Subject to section 7, this Act prevails over any other federal law to the extent of any conflict between them.

6. The Sahtu Dene and Metis Land Claim Settlement Act and the Sahtu Agreement prevail over the Déline Agreement to the extent of any inconsistency between that Act and the Déline Agreement or between the Sahtu Agreement and the Déline Agreement.

7. The Sahtu Dene and Metis Land Claim Settlement Act and the Sahtu Agreement prevail over this Act to the extent of any inconsistency between that Act and this Act or between the Sahtu Agreement and this Act.

8. The Sahtu Dene and Metis Land Claim Settlement Act and the Sahtu Agreement prevail over Déline law to the extent of any inconsistency between that Act and Déline law or between the Sahtu Agreement and Déline law.

DÉLINE GOT’INE GOVERNMENT

9. The Déline Got’ine Government is a legal entity and has the capacity, rights, powers and privileges of a natural person.

10. Déline law that is made in accordance with the Déline Agreement has the force of law.

APPLICATION OF OTHER ACTS

11. (1) In this section, “Déline First Nation Citizen” has the meaning assigned by the definition “DFN Citizen” in chapter 1 of the Déline Agreement.

(2) Subject to 2.8 of the Déline Agreement, the Indian Act does not apply to the Déline Got’ine Government or to Déline First Nation Citizens as of the day on which section 4 comes into force.

12. A Déline law is not a statutory instrument for the purposes of the Statutory Instruments Act.

TAXATION

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

14. The Déline Tax Treatment Agreement does not form part of the Déline 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.

GENERAL

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

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

(3) A copy of the Déline Agreement or the Déline 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.

16. (1) Judicial notice must be taken of any Déline law that is registered in the public registry referred to in 3.7 of the Déline Agreement.

(2) A copy of any Déline law purporting to be deposited in the public registry referred to in 3.7 of the Déline Agreement is evidence of that law and of its contents, unless the contrary is shown.

17. (1) In this section, “institutions” has the meaning assigned by the definition “Institutions of the DGG” in chapter 1 of the Déline Agreement.

(2) The Déline Got’ine Government and its institutions are not federal boards, commissions or other tribunals as defined in subsection 2(1) of the Federal Courts Act.

(3) The Supreme Court of the Northwest Territories has exclusive original jurisdiction to hear and determine applications for judicial review of the decisions of the Déline Got’ine Government or its institutions, except if an agreement made in accordance with 22.2.2 of the Déline Agreement provides otherwise.

18. (1) If an issue arises in any judicial or administrative proceeding in respect of the interpretation, validity or applicability of the Déline Agreement, of this Act, of the Act of the legislature of the Northwest Territories that gives effect to the Déline Agreement or of any Déline 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 the Northwest Territories and the Déline Got’ine Government.

(2) The notice must

(a) describe the proceeding;

(b) state 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 on which the issue is to be argued, unless the court or tribunal authorizes a shorter period.

(3) The Attorney General of Canada, the Attorney General of the Northwest Territories and the Déline Got’ine Government 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), 2.5.1 and 4.6 of the Déline Agreement, chapter 31 of that Agreement and 2.1, 2.2, 3.3, 5.1 and 5.2 of schedule C to that Agreement are deemed to have effect as of October 1, 2013.

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 Déline Agreement or of any other agreements that are related to the implementation of the Déline Agreement.

CONSEQUENTIAL AND RELATED AMENDMENTS

Payments in Lieu of Taxes Act

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

(g.1) the Déline Got’ine Government, as defined in section 2 of the Déline Final Self-Government Agreement Act, if it levies and collects a real property tax or a frontage or area tax in respect of Déline Lands, as defined in 22.1.1 of the Déline Final Self-Government Agreement that is approved, given effect and declared valid by that Act;

Mackenzie Valley Resource Management Act

22. (1) The definitions “local government” and “Sahtu First Nation” in section 2 of the Mackenzie Valley Resource Management Act are replaced by the following:

“local government” means any local government established under the laws of the Northwest Territories, including a city, town, village, hamlet, charter community, settlement or government of a Tlicho community, whether incorporated or not, and includes the territorial government in the case where it is acting in the place of that local government in accordance with those laws. It also includes the Déline Got’ine Government in the case where it is exercising the jurisdiction and authority set out in 9.1 of the Déline Agreement.

“Sahtu First Nation” means the Sahtu Dene and Metis as represented by The Sahtu Secretariat Incorporated, a corporation without share capital under Part II of the Canada Corporations Act, R.S.C. 1970, c. C-32, being the successor, for the purposes of this Act, to the Sahtu Tribal Council referred to in the Sahtu Agreement, or by any successor to that corporation. It also includes the Déline Got’ine Government in the case where The Sahtu Secretariat Incorporated or its successor has made a delegation or assignment to that government of any powers and functions conferred under this Act.

(2) Section 2 of the Act is amended by adding the following in alphabetical order:

“Déline Agreement” means the Déline Final Self-Government Agreement among the Déline First Nation Band, the Déline Land Corporation, the Government of Canada and the Government of the Northwest Territories, signed on February 18, 2015, including any amendments made to it, that is approved, given effect and declared valid by the Déline Final Self-Government Agreement Act.

“Déline Got’ine Government” means the government established in accordance with chapter 3 of the Déline Agreement.

“Déline lands” means the lands whose title is vested in the Déline Got’ine Government in accordance with 21.2.1 of the Déline Agreement.

“Déline law” has the meaning assigned by the definition “DGG Law” in chapter 1 of the Déline Agreement.

23. Section 4 of the Act is amended by adding the following after subsection (4):

(5) The Déline Got’ine Government may, in conformity with the Déline Agreement, delegate any of its functions under this Act to

(a) a body or office established by a Déline law;

(b) a department, agency or office of the federal or the territorial government;

(c) a board or other public body established by or under an Act of Parliament or by a territorial law; or

(d) any other entity.

24. Subsection 5(1) of the Act is replaced by the following:

5. (1) If there is any inconsistency or conflict between this Act and a land claim agreement, the Déline Agreement, an Act giving effect to any of those agreements or the Indian Act, then the land claim agreement, the Déline Agreement, the Act or the Indian Act prevails over this Act to the extent of the inconsistency or conflict.

25. Subsection 8(1) of the Act is replaced by the following:

8. (1) The federal Minister shall consult the first nations, the Tlicho Government and the Déline Got’ine Government with respect to the amendment of this Act.

26. Subsection 16(2) of the Act is replaced by the following:

(2) A member of a board is not placed in a material conflict of interest merely because of any status or entitlement conferred on the member under the Gwich’in Agreement, the Sahtu Agreement, the Tlicho Agreement or any other agreement between a first nation and Her Majesty in right of Canada for the settlement of a claim to lands or under the Déline Agreement.

27. Section 22 of the Act is replaced by the following:

22. Subject to any other federal or territorial law and to any Tlicho law or Déline law, a board may obtain from any department or agency of the federal or territorial government, the Tlicho Government or the Déline Got’ine Government any information in the possession of the department, agency, Tlicho Government or Déline Got’ine Government that the board requires for the performance of its functions.

28. Subsection 31(1) of the Act is replaced by the following:

31. (1) Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of rules under section 30, a land use plan or amendment to a land use plan under Part 2, rules under subsection 49(2), guidelines or policies under section 65, policy directions under subsection 50.1(1) or 83(1), (2) or (2.1), directions under section 106, policy directions under section 109 or 109.1 or subsection 142.2(1) or guidelines under section 120.

29. Section 63 of the Act is amended by adding the following after subsection (4):

(5) The Sahtu Land and Water Board shall consult the Déline Got’ine Government before issuing, amending or renewing any licence, permit or authorization for a use of Déline lands or waters on those lands or a deposit of waste on those lands or in those waters.

30. (1) Section 83 of the Act is amended by adding the following after subsection (1):

(1.1) The federal Minister shall inform the Déline Got’ine Government, to the extent provided for in 2.7.1 of the Déline Agreement, of the Minister’s intention to give a written policy direction to the Sahtu Land and Water Board if the policy direction is in relation to the use of land or water or the deposit of waste in the area described in schedule A to the Déline Agreement.

(2) Section 83 of the Act is amended by adding the following after subsection (2):

(2.1) The Déline Got’ine Government may, after consultation with the Sahtu Land and Water Board and the federal Minister, give written policy directions to the Board with respect to the performance of any of the Board’s functions under this Part in relation to the use of Déline lands. Policy directions are binding on the Board to the extent that compliance with them does not require the Board to exceed its approved budget.

(3) Subsection 83(5) of the Act is replaced by the following:

(5) If there is a conflict between policy directions given by the federal Minister under subsection (1) and policy directions given by the Tlicho Government under subsection (2) or by the Déline Got’ine Government under subsection (2.1), the policy directions given under subsection (2) or (2.1), as the case may be, prevail to the extent of the conflict.

(4) Subsection 83(6) of the English version of the Act is replaced by the following:

(6) If there is a conflict between policy directions given by the federal Minister, the Tlicho Government or the Déline Got’ine Government under this section and the provisions of any Act of Parliament, of any regulations made under an Act of Parliament or of any territorial law, those provisions prevail to the extent of the conflict.

31. Section 85 of the Act is amended by adding the following after subsection (5):

(6) An inspector shall, if it is reasonable to do so, give the Déline Got’ine Government prior notice of entry by the inspector on Déline lands.

32. The Act is amended by adding the following after section 90.1:

90.11 Even if the regulations do not require a permit or other authorization under Part 3 or 4 for a particular use of land, a person shall not use Déline lands without such a permit or authorization if one is required by a Déline law for uses of that type.

33. The Act is amended by adding the following after section 90.2:

90.21 Despite the regulations, a permit or other authorization under Part 3 or 4 for a particular use of lands in the Community of Déline, as described in schedule B to the Déline Agreement, is not required if a Déline law provides that one is not required for uses of that type.

34. Section 95 of the Act is replaced by the following:

95. Despite subsection 72.03(1) or any territorial law, the Gwich’in and Sahtu First Nations, the Tlicho Government and the Déline Got’ine Government are not required to pay any fee in respect of the use of waters or the deposit of waste for non-commercial purposes on their first nation lands, Tlicho lands or Déline lands as the case may be.

35. Subsection 106.1(2) of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):

(e) the Déline Got’ine Government with respect to the amendment of any Déline law regarding the use of Déline lands or waters on those lands or regarding a deposit of waste on those lands or in those waters.

36. The Act is amended by adding the following after section 109.1:

Powers of Déline Got’ine Government

109.11 The Déline Got’ine Government may exercise the same powers and shall perform the same duties in relation to the Board and the regional panel of the Board referred to in subsection 99(2) as those that the Déline Got’ine Government has under section 83 in relation to the Sahtu Land and Water Board.

37. Section 109.2 of the Act is amended by adding the following after subsection (2):

(3) If there is a conflict between policy directions given by the federal Minister under section 109 and policy directions given by the Déline Got’ine Government under section 109.11, the policy directions given under section 109.11 prevail to the extent of the conflict.

(4) If there is a conflict between policy directions given by the federal Minister under section 109 or by the Déline Got’ine Government under section 109.11 and the provisions of any Act of Parliament, of any regulations made under an Act of Parliament or of any territorial law, those provisions prevail to the extent of the conflict.

38. Section 118 of the Act is replaced by the following:

118. (1) A licence, permit or other authorization required for the carrying out of a development shall not be issued under any federal, territorial, Tlicho or Déline law unless the requirements of this Part have been complied with in relation to the development.

(2) If the Gwich’in or Sahtu First Nation, the Tlicho Government, the Déline Got’ine Government, a local government or a department or agency of the federal or territorial government proposes to carry out a development that does not require a licence, permit or other authorization under any federal, territorial, Tlicho or Déline law, it shall comply with the requirements of this Part before taking any irrevocable action in relation to the development.

39. Section 121 of the Act is replaced by the following:

121. The Review Board, a review panel of the Review Board, a review panel or a joint panel established jointly by the Review Board and any other person or body, the federal Minister, a responsible minister, a designated regulatory agency, a regulatory authority, a department or agency of the federal or territorial government, a local government, the Gwich’in or Sahtu First Nation, the Tlicho Government or the Déline Got’ine Government shall issue and make available to the public written reasons for any decision or recommendation made under the process established by this Part.

40. Subsection 123.2(2) of the Act is replaced by the following:

(2) A person is not placed in a material conflict of interest merely because of any status or entitlement conferred on the person under the Gwich’in Agreement, the Sahtu Agreement, the Tlicho Agreement or any other agreement between a first nation and Her Majesty in right of Canada for the settlement of a claim to lands or under the Déline Agreement.

First Nations Goods and Services Tax Act

41. Schedule 1 to the First Nations Goods and Services Tax Act is amended by adding the following in alphabetical order:

COORDINATING AMENDMENTS

42. (1) In this section, “other Act” means the Northwest Territories Devolution Act.

(2) On the first day on which both subsection 128(2) of the other Act and section 28 of this Act are in force, subsection 31(1) of the Mackenzie Valley Resource Management Act is replaced by the following:

31. (1) Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of rules under section 30, a land use plan or amendment to a land use plan under Part 2, rules under subsection 49(2), guidelines or policies under section 65, policy directions under subsection 50.1(1), 83(1), (2) or (2.1) or 142.2(1) or guidelines under section 120.

(3) If section 137 of the other Act comes into force before section 29 of this Act, then, on the day on which that section 29 comes into force, subsection 63(5) of the Mackenzie Valley Resource Management Act is replaced by the following:

(5) The Board shall consult the Déline Got’ine Government before issuing, amending or renewing any licence, permit or other authorization for a use of Déline lands or waters on those lands or a deposit of waste on those lands or in those waters.

(4) If section 29 of this Act comes into force before section 137 of the other Act, then, on the day on which that section 137 comes into force, section 63 of the Mackenzie Valley Resource Management Act is amended by adding the following after subsection (4):

(5) The Board shall consult the Déline Got’ine Government before issuing, amending or renewing any licence, permit or other authorization for a use of Déline lands or waters on those lands or a deposit of waste on those lands or in those waters.

(5) If section 29 of this Act comes into force on the same day as section 137 of the other Act, then that section 29 is deemed to have come into force before that section 137 and subsection (4) applies as a consequence.

(6) If subsection 175(2) of the other Act comes into force before subsection 30(1) of this Act, then, on the day on which that subsection 30(1) comes into force, subsection 83(1.1) of the Mackenzie Valley Resource Management Act is replaced by the following:

(1.1) The federal Minister shall inform the Déline Got’ine Government, to the extent provided for in 2.7.1 of the Déline Agreement, of the Minister’s intention to give a written policy direction to the Board if the policy direction is in relation to the use of land or water or the deposit of waste in the area described in schedule A to the Déline Agreement.

(7) If subsection 30(1) of this Act comes into force before subsection 175(2) of the other Act, then, on the day on which that subsection 175(2) comes into force, section 83 of the Mackenzie Valley Resource Management Act is amended by adding the following after subsection (1):

(1.1) The federal Minister shall inform the Déline Got’ine Government, to the extent provided for in 2.7.1 of the Déline Agreement, of the Minister’s intention to give a written policy direction to the Board if the policy direction is in relation to the use of land or water or the deposit of waste in the area described in schedule A to the Déline Agreement.

(8) If subsection 30(1) of this Act comes into force on the same day as subsection 175(2) of the other Act, then that subsection 30(1) is deemed to have come into force before that subsection 175(2) and subsection (7) applies as a consequence.

(9) If subsection 175(2) of the other Act comes into force before subsection 30(2) of this Act, then, on the day on which that subsection 30(2) comes into force, subsection 83(2.1) of the Mackenzie Valley Resource Management Act is replaced by the following:

(2.1) The Déline Got’ine Government may, after consultation with the Board and the federal Minister, give written policy directions to the Board with respect to the performance of any of the Board’s functions under this Part in relation to the use of Déline lands. Policy directions are binding on the Board to the extent that compliance with them does not require the Board to exceed its approved budget.

(10) If subsection 30(2) of this Act comes into force before subsection 175(2) of the other Act, then, on the day on which that subsection 175(2) comes into force, section 83 of the Mackenzie Valley Resource Management Act is amended by adding the following after subsection (2):

(2.1) The Déline Got’ine Government may, after consultation with the Board and the federal Minister, give written policy directions to the Board with respect to the performance of any of the Board’s functions under this Part in relation to the use of Déline lands. Policy directions are binding on the Board to the extent that compliance with them does not require the Board to exceed its approved budget.

(11) If subsection 30(2) of this Act comes into force on the same day as subsection 175(2) of the other Act, then that subsection 30(2) is deemed to have come into force before that subsection 175(2) and subsection (10) applies as a consequence.

(12) On the first day on which both section 176 of the other Act and section 2 of this Act are in force, subsection 83.1(2) of the Mackenzie Valley Resource Management Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):

(e) the Déline Got’ine Government with respect to the amendment of any Déline law regarding the use of Déline lands or waters on those lands or a deposit of waste on those lands or in those waters.

(13) If section 181 of the other Act comes into force before section 32 of this Act, then, on the day on which that section 32 comes into force, section 90.11 of the Mackenzie Valley Resource Management Act is replaced by the following:

90.11 Even if the regulations do not require a permit or other authorization under this Part for a particular use of land, no person shall use Déline lands without such a permit or authorization if one is required by a Déline law for uses of that type.

(14) If section 32 of this Act comes into force before section 181 of the other Act, then that section 181 is replaced by the following:

181. Sections 90.1 to 90.2 of the Act are replaced by the following:

90.01 The Governor in Council may, following consultation by the federal Minister with first nations, the Tlicho Government, the territorial Minister and the Board, make regulations respecting the recovery of amounts and costs for the purposes of section 68.1, including prescribing the amounts and services for the purposes of that section and exempting any class of applicants or licensees from the application of that section.

90.02 The Governor in Council may, following consultation by the federal Minister with first nations, the Tlicho Government, the territorial Minister and the Board, make regulations respecting any consultation with a first nation, the Tlicho First Nation, the Tlicho Government or an aboriginal people who use an area outside the Mackenzie Valley that may occur under this Part, including the manner in which it is to be conducted, and providing for the delegation of certain procedural aspects of such a consultation.

90.1 Even if the regulations do not require a permit or other authorization under this Part for a particular use of land, no person shall use Tlicho lands without such a permit or authorization if one is required by a Tlicho law for uses of that type.

90.11 Even if the regulations do not require a permit or other authorization under this Part for a particular use of land, no person shall use Déline lands without such a permit or authorization if one is required by a Déline law for uses of that type.

90.2 Despite the regulations, a permit or other authorization under this Part for a particular use of land in a Tlicho community is not required if the local government of that community has enacted a bylaw providing that one is not required for uses of that type.

(15) If section 32 of this Act comes into force on the same day as section 181 of the other Act, then that section 32 is deemed to have come into force before that section 181 and subsection (14) applies as a consequence.

(16) On the first day on which both section 181 of the other Act and section 33 of this Act are in force, section 90.21 of the Mackenzie Valley Resource Management Act is replaced by the following:

90.21 Despite the regulations, a permit or other authorization under this Part for a particular use of lands in the Community of Déline, as described in schedule B to the Déline Agreement, is not required if a Déline law provides that one is not required for uses of that type.

(17) If section 193 of the other Act comes into force before section 35 of this Act, then that section 35 is repealed.

(18) If section 193 of the other Act comes into force on the same day as section 35 of this Act, then that section 35 is deemed never to have come into force and is repealed.

(19) If section 193 of the other Act comes into force before section 36 of this Act, then that section 36 is repealed.

(20) If section 193 of the other Act comes into force on the same day as section 36 of this Act, then that section 36 is deemed never to have come into force and is repealed.

(21) If section 193 of the other Act comes into force before section 37 of this Act, then that section 37 is repealed.

(22) If section 193 of the other Act comes into force on the same day as section 37 of this Act, then that section 37 is deemed never to have come into force and is repealed.

COMING INTO FORCE

43. The provisions of this Act, other than sections 19 and 42, come into force on a day or days to be fixed by order of the Governor in Council.