Nisga'a Final Agreement Act

Preamble

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 all British Columbians;

AND WHEREAS Canadian courts have stated that this reconciliation is best achieved through negotiation and agreement, rather than through litigation or conflict;

AND WHEREAS the Nisg̱a'a Nation, Canada and British Columbia have negotiated the Nisg̱a'a Final Agreement to achieve this reconciliation, and to establish a new relationship among them;

AND WHEREAS the Nisg̱a'a Final Agreement requires that British Columbia enact settlement legislation to give effect to the Nisg̱a'a Final Agreement;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Definition

1 In this Act, "Nisg̱a'a Final Agreement" means the Nisg̱a'a Final Agreement among the Nisg̱a'a Nation, Her Majesty the Queen in right of Canada and Her Majesty the Queen in right of British Columbia set out in the Schedule and includes

(a) that agreement as it is given effect by an Act of Canada, and

(b) amendments made in accordance with that agreement.

Treaty and land claims agreement

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

Nisg̱a'a Final Agreement

3 (1) The Nisg̱a'a Final Agreement is approved, given effect, declared valid and has the force of law.

(2) Without limiting subsection (1), a person or body has the powers, rights, privileges and benefits conferred on the person or body by the Nisg̱a'a Final Agreement and must perform the duties and is subject to the liabilities imposed on the person or body by the Nisg̱a'a Final Agreement.

(3) Nothing in this Act that makes provision for a matter that is already provided for in the Nisg̱a'a Final Agreement in any way limits this section.

Authorization to sign the Nisg̱a'a Final Agreement

4 The Lieutenant Governor in Council may authorize a member of the Executive Council to sign the Nisg̱a'a Final Agreement.

Nisg̱a'a Final Agreement binding and can be relied on

5 The Nisg̱a'a Final Agreement is binding on, and can be relied on by, all persons.

Nisg̱a'a Nation's ownership of lands

6 (1) In this section:

"Category A Lands" has the same meaning as in the Nisg̱a'a Final Agreement;

"Category B Lands" has the same meaning as in the Nisg̱a'a Final Agreement;

"Nisg̱a'a Lands" has the same meaning as in the Nisg̱a'a Final Agreement.

(2) The Nisg̱a'a Nation owns the estate in fee simple, as set out in the Lands Chapter of the Nisg̱a'a Final Agreement, in the following lands:

(a) the Nisg̱a'a Lands identified in paragraphs 1 and 2 of the Lands Chapter of the Nisg̱a'a Final Agreement;

(b) Category A Lands and Category B Lands.

Nisg̱a'a Nation Taxation Agreement

6.1 ( 1) In this section, "Taxation Agreement" means the Taxation Agreement, referred to in paragraphs 21 to 23 of the Taxation Chapter of the Nisg̱a'a Final Agreement, which agreement was tabled in the Legislative Assembly on November 30, 1998, and includes an amendment to the Taxation Agreement, made in accordance with the terms of the Taxation Agreement, if the amending agreement setting out the amendment

( a) is substantially in the form approved by the Lieutenant Governor in Council, and

( b) has been signed by the parties and published under subsection (5).

( 2) The Taxation Agreement continues in effect and remains valid and its provisions have the force of law during the period they are in effect.

( 3) The minister charged with the administration of the Financial Administration Act is authorized to enter into an agreement amending the Taxation Agreement and may sign the amending agreement before or after it has been approved by the Lieutenant Governor in Council.

( 4) As provided in paragraphs 21 and 22 of the Taxation Chapter of the Nisg̱a'a Final Agreement, the Taxation Agreement does not form part of the Nisg̱a'a Final Agreement and is not a treaty or land claims agreement within the meaning of section 25 or 35 of the Constitution Act, 1982.

( 5) The minister must publish in the Gazette the Taxation Agreement and any agreement amending the Taxation Agreement.

Harvest Agreement

7 (1) The minister responsible for fisheries has the authority, on behalf of Her Majesty the Queen in right of British Columbia, to enter into the Harvest Agreement described in the Fisheries Chapter of the Nisg̱a'a Final Agreement.

(2) The Harvest Agreement does not form part of the Nisg̱a'a Final Agreement and it is not a treaty or land claims agreement within the meaning of section 25 or 35 of the Constitution Act, 1982.

Judicial or administrative proceedings

8 (1) If, in any judicial or administrative proceeding, an issue arises in respect of

(a) the interpretation or validity of the Nisg̱a'a Final Agreement, or

(b) the validity or applicability of any settlement legislation or any Nisg̱a'a law

the issue must not be decided until the party to the proceeding raising the issue has properly served notice on the Attorney General of British Columbia, the Attorney General of Canada and the Nisg̱a'a Lisims Government.

(2) The notice required under subsection (1) must

(a) describe the judicial or administrative proceeding in which the issue arises,

(b) state whether the issue arises in respect of the matters referred to in subsection (1) (a) or (b) or both,

(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 notice.

(3) In any judicial or administrative proceeding to which subsection (1) applies, the Attorney General of British Columbia, the Attorney General of Canada and the Nisg̱a'a Lisims Government may appear and participate in the proceeding as parties with the same rights as any other party to the proceeding.

(4) The Judicial Review Procedure Act applies to an application for judicial review under the following provisions of the Nisg̱a'a Final Agreement as if the decision under review were made pursuant to a statutory power of decision as defined in that Act:

(a) paragraph 17 of the Nisg̱a'a Government Chapter;

(b) paragraph 26 of the Eligibility and Enrolment Chapter.

(5) In this section, "Nisg̱a'a law", "Nisg̱a'a Lisims Government" and "settlement legislation" have the same meanings as in the Nisg̱a'a Final Agreement.

Power to make orders and regulations

9 The Lieutenant Governor in Council may make orders and regulations that the Lieutenant Governor in Council considers necessary or advisable for the purpose of carrying out any of the provisions of the Nisg̱a'a Final Agreement.

Authorization to enter into agreements

10 (1) The Lieutenant Governor in Council may authorize any member of the Executive Council, on behalf of Her Majesty the Queen in right of British Columbia, to enter into an agreement that is contemplated by the Nisg̱a'a Final Agreement.

(2) Subsection (1) does not apply to the Harvest Agreement referred to in section 7 or to agreements referred to in section 29 of the Environmental Assessment Act.