Search Results | Clear Search | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc

“Point in Time” Act Content

MAA-NULTH FIRST NATIONS FINAL AGREEMENT ACT

[SBC 2007] CHAPTER 43

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to "current to" date of the act.)
SECTIONEFFECTIVE DATE
1 to 3April 1, 2011
4November 29, 2007
5 to 11April 1, 2011
9January 1, 2016
11June 2, 2011
12April 1, 2011
 June 2, 2011
13April 1, 2011
13.1April 1, 2011
 June 2, 2011
13.2March 14, 2013
 May 14, 2015
 January 1, 2016
 January 1, 2016
 January 1, 2016
14 and 15April 1, 2011
 May 14, 2015
16December 9, 2006
[retro from November 29, 2007]
17 and 18April 1, 2011
18.1June 2, 2011
ScheduleApril 1, 2011

  Sections 1 to 3 were enacted by 2007-43-1 to 3, effective April 1, 2011 (BC Reg 51/2011).

  Section 4 was enacted by 2007-43-4, effective November 29, 2007 (Royal Assent).

  Sections 5 to 11 were enacted by 2007-43-5 to 11, effective April 1, 2011 (BC Reg 51/2011).

  Section 9 (1) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(1) Until a Maa‑nulth First Nation is a member of a regional district, the residents of the Maa‑nulth First Nation Lands of the Maa‑nulth First Nation, and individuals who would be non-resident property electors, as defined in the Local Government Act, if those lands were in an electoral area, may participate in a regional hospital district, subject to the letters patent of the regional hospital district, as if those treaty lands were in the electoral area in which those residents and individuals are eligible to vote under section 795.43 of the Local Government Act.

  Section 11 BEFORE re-enacted by 2011-11-44, effective June 2, 2011 (Royal Assent).

 Tax Treatment Agreement

11  (1In this section, "Tax Treatment Agreement" means the tax treatment agreement referred to in sections 19.6.1 and 19.6.2 of Chapter 19 [Taxation] of the Maa‑nulth First Nations Final Agreement, substantially in the form tabled in the Legislative Assembly on the date this Act receives First Reading.

(2The Tax Treatment Agreement

(ais approved, given effect and declared valid, and

(bhas the force of law during the period it is in effect.

(3The minister charged with the administration of the Financial Administration Act is authorized to enter into the Tax Treatment Agreement on behalf of Her Majesty the Queen in right of British Columbia.

(4As provided in section 1.15.2 of Chapter 1 [General Provisions] of the Maa‑nulth First Nations Final Agreement, the Tax Treatment Agreement does not form part of the Maa‑nulth First Nations Final Agreement and is not a treaty or land claims agreement within the meaning of section 25 or 35 of the Constitution Act, 1982.

(5The minister charged with the administration of this Act must publish the Tax Treatment Agreement in the Gazette.

  Section 12 was enacted by 2007-43-12, effective April 1, 2011 (BC Reg 51/2011).

Note: Above was amended by 2010-21-13, effective June 3, 2010 (Royal Assent).

  Section 12 (1), (2) and (4) BEFORE amended by 2011-11-45, effective June 2, 2011 (Royal Assent).

(1In this section, "Harvest Agreement" means the Maa‑nulth Harvest Agreement referred to in section 10.2.1 of Chapter 10 [Fisheries] of the Maa‑nulth First Nations Final Agreement, substantially in the form published under subsection (4), and includes amendments referred to in subsection (2) from the time those amendments are published under subsection (4).

(2The minister charged with the administration of the Fisheries Act has the authority to enter into the Harvest Agreement, and amendments to that agreement made in accordance with its terms, on behalf of Her Majesty the Queen in right of British Columbia.

(4The minister charged with the administration of this Act must publish the Harvest Agreement, and amendments referred to in subsection (2), in the Gazette.

  Section 13 was enacted by 2007-43-13, effective April 1, 2011 (BC Reg 51/2011).

  Section 13.1 was enacted by 2010-21-14, effective April 1, 2011 (BC Reg 51/2011).

  Section 13.1 (3) BEFORE amended by 2011-11-46, effective June 2, 2011 (Royal Assent).

(3If an agreement referred to in subsection (2) applies both to Maa-nulth First Nation Lands and to other lands, the agreement is cancelled insofar as it applies to Maa-nulth First Nation Lands.

  Section 13.2 was enacted by 2013-2-26, effective March 14, 2013 (Royal Assent).

  Section 13.2(3.1) to (3.7) were added by 2015-23-1, effective May 14, 2015 (Royal Assent).

  Section 13.2 (5) (a) (i) and (ii)) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(i) powers and duties in relation to the services described in section 800 (2) (a) and (b) of the Local Government Act, including, without limitation, powers and duties in respect of elections and other voting, financial planning and borrowing, tax rates and exemptions, and requisitions,

(ii) corporate powers under section 176 of the Local Government Act, and

  Section 13.2 ((6) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(6) Subsection (4) of section 795.5 of the Local Government Act, to the extent it applied in respect of a bylaw of an applicable regional district immediately before the repeal of that section by the Tla'amin Final Agreement Act, continues to apply, to the bylaw, as the subsection read immediately before that repeal.

  Section 13.2 (8) (a) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(a) in the case of subsection (6), 6 months after the date the repeal of section 795.5 of the Local Government Act by the Tla'amin Final Agreement Act comes into force, and

  Sections 14 and 15 were enacted by 2007-43-14, 15, effective April 1, 2011 (BC Reg 51/2011).

  Section 13.2 (3.1) to (3.7) w343 added by 2015-23-1, effective May 14, 2015 (Royal Assent).

  Section 16 was enacted by 2007-43-16, effective December 9, 2006 [retro from November 29, 2007 (Royal Assent)].

  Sections 17 and 18 were enacted by 2007-43-17, 18, effective April 1, 2011 (BC Reg 51/2011).

  Section 18.1 was enacted by 2011-11-47, effective June 2, 2011 (Royal Assent).

  Schedule (part) was enacted by 2007-43-17, 18, effective April 1, 2011 (BC Reg 51/2011).