An Act to give effect to the Déline Final Self-Government Agreement and to make consequential and related amendments to other Acts
Déline Final Self-Government Agreement Act
D-1.5242015
Preamble
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
Short title
1
This Act may be cited as the Déline Final Self-Government Agreement Act.
Interpretation
Definitions
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. (accord de Deline)
Déline First Nation Band has the same meaning as in chapter 1 of the Déline Agreement. (bande de la Première Nation de Deline)
Déline Got’ine Government means the government established in accordance with chapter 3 of the Déline Agreement. (gouvernement Gotine de Deline)
Déline Land Corporation has the same meaning as in chapter 1 of the Déline Agreement. (société foncière de Deline)
Déline law has the meaning assigned by the definition DGG Law in chapter 1 of the Déline Agreement. (loi de Deline)
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. (accord sur le traitement fiscal de Deline)
Sahtu Agreement means the Agreement as defined in section 2 of the Sahtu Dene and Metis Land Claim Settlement Act. (accord du Sahtu)
Status of Déline Agreement
3
The Déline Agreement is a treaty within the meaning of sections 25 and 35 of the Constitution Act, 1982.
Déline Agreement
Déline Agreement given effect
4
(1)
The Déline Agreement is approved, given effect and declared valid and has the force of law.
Rights and obligations
(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.
Third parties
(3)
For greater certainty, the Déline Agreement is binding on, and may be relied on by, all persons and entities.
Déline Agreement prevails
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.
Act prevails
(2)
Subject to section 7, this Act prevails over any other federal law to the extent of any conflict between them.
Inconsistency with Déline Agreement
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.
Inconsistency with this Act
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.
Inconsistency with Déline law
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
Capacity of natural person
9
The Déline Got’ine Government is a legal entity and has the capacity, rights, powers and privileges of a natural person.
Force of law
10
Déline law that is made in accordance with the Déline Agreement has the force of law.
Application of Other Acts
Meaning of Déline First Nation Citizen
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.
Indian Act
(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.
Statutory Instruments Act
12
A Déline law is not a statutory instrument for the purposes of the Statutory Instruments Act.
Taxation
Déline Tax Treatment Agreement
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.
Clarification
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
Judicial notice — Agreements
15
(1)
Judicial notice must be taken of the Déline Agreement and the Déline Tax Treatment Agreement.
Publication
(2)
The Déline Agreement and the Déline Tax Treatment Agreement must be published by the Queen’s Printer.
Evidence
(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.
Judicial notice — Déline law
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.
Evidence
(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.
Meaning of institutions
17
(1)
In this section, institutions has the meaning assigned by the definition Institutions of the DGG in chapter 1 of the Déline Agreement.
Federal Courts Act
(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.
Jurisdiction — Supreme Court of Northwest Territories
(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.
Notice of issues arising
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.
Content and timing
(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.
Participation in proceedings
(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.
Clarification
(4)
For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required.
Retroactive effect
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.
Orders and regulations
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
[Amendment]
Mackenzie Valley Resource Management Act
22
[Amendments]
23
[Amendment]
24
[Amendment]
25
[Amendment]
26
[Amendment]
27
[Amendment]
28
[Amendment]
29
[Amendment]
30
[Amendments]
31
[Amendment]
32
[Amendment]
33
[Amendment]
34
[Amendment]
35
[Amendment]
36
[Amendment]
37
[Amendment]
38
[Amendment]
39
[Amendment]
40
[Amendment]
First Nations Goods and Services Tax Act
41
[Amendment]
Coordinating Amendments
42
[Repealed, 2019, c. 19, s. 82]
Coming into Force
Order in council
*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.
*
[Note: Sections 1 to 18 and 20 to 41 in force September 1, 2016, see SI/2016-22.]
Déline Final Self-Government Agreement Act
D-1.5242015
Preamble
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
Short title
1
This Act may be cited as the Déline Final Self-Government Agreement Act.
Interpretation
Definitions
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. (accord de Deline)
Déline First Nation Band has the same meaning as in chapter 1 of the Déline Agreement. (bande de la Première Nation de Deline)
Déline Got’ine Government means the government established in accordance with chapter 3 of the Déline Agreement. (gouvernement Gotine de Deline)
Déline Land Corporation has the same meaning as in chapter 1 of the Déline Agreement. (société foncière de Deline)
Déline law has the meaning assigned by the definition DGG Law in chapter 1 of the Déline Agreement. (loi de Deline)
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. (accord sur le traitement fiscal de Deline)
Sahtu Agreement means the Agreement as defined in section 2 of the Sahtu Dene and Metis Land Claim Settlement Act. (accord du Sahtu)
Status of Déline Agreement
3
The Déline Agreement is a treaty within the meaning of sections 25 and 35 of the Constitution Act, 1982.
Déline Agreement
Déline Agreement given effect
4
(1)
The Déline Agreement is approved, given effect and declared valid and has the force of law.
Rights and obligations
(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.
Third parties
(3)
For greater certainty, the Déline Agreement is binding on, and may be relied on by, all persons and entities.
Déline Agreement prevails
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.
Act prevails
(2)
Subject to section 7, this Act prevails over any other federal law to the extent of any conflict between them.
Inconsistency with Déline Agreement
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.
Inconsistency with this Act
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.
Inconsistency with Déline law
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
Capacity of natural person
9
The Déline Got’ine Government is a legal entity and has the capacity, rights, powers and privileges of a natural person.
Force of law
10
Déline law that is made in accordance with the Déline Agreement has the force of law.
Application of Other Acts
Meaning of Déline First Nation Citizen
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.
Indian Act
(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.
Statutory Instruments Act
12
A Déline law is not a statutory instrument for the purposes of the Statutory Instruments Act.
Taxation
Déline Tax Treatment Agreement
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.
Clarification
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
Judicial notice — Agreements
15
(1)
Judicial notice must be taken of the Déline Agreement and the Déline Tax Treatment Agreement.
Publication
(2)
The Déline Agreement and the Déline Tax Treatment Agreement must be published by the Queen’s Printer.
Evidence
(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.
Judicial notice — Déline law
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.
Evidence
(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.
Meaning of institutions
17
(1)
In this section, institutions has the meaning assigned by the definition Institutions of the DGG in chapter 1 of the Déline Agreement.
Federal Courts Act
(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.
Jurisdiction — Supreme Court of Northwest Territories
(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.
Notice of issues arising
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.
Content and timing
(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.
Participation in proceedings
(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.
Clarification
(4)
For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required.
Retroactive effect
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.
Orders and regulations
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
[Amendment]
Mackenzie Valley Resource Management Act
22
[Amendments]
23
[Amendment]
24
[Amendment]
25
[Amendment]
26
[Amendment]
27
[Amendment]
28
[Amendment]
29
[Amendment]
30
[Amendments]
31
[Amendment]
32
[Amendment]
33
[Amendment]
34
[Amendment]
35
[Amendment]
36
[Amendment]
37
[Amendment]
38
[Amendment]
39
[Amendment]
40
[Amendment]
First Nations Goods and Services Tax Act
41
[Amendment]
Coordinating Amendments
42
[Repealed, 2019, c. 19, s. 82]
Coming into Force
Order in council
*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.
*
[Note: Sections 1 to 18 and 20 to 41 in force September 1, 2016, see SI/2016-22.]