Law:An Act to give effect to the Westbank First Nation Self Government Agreement

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S.c. 2004, c. 17

Assented to 2004-05-06

An Act to give effect to the Westbank First Nation Self Government Agreement

Preamble

WHEREAS the Government of Canada has undertaken to recommend to Parliament the enactment of legislation to give effect to the Westbank First Nation Self Government Agreement;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:


Contents

Short Title

Short title

1. This Act may be cited as the Westbank First Nation Self-Government Act.


Interpretation

Definition of “Agreement”

2. (1) In this Act, “Agreement” means the Westbank First Nation Self-Government Agreement signed on behalf of the Westbank First Nation and Her Majesty in right of Canada on October 3, 2003 and laid before the Senate and the House of Commons on November 5, 2003, and includes any amendments made to it from time to time in accordance with its provisions.

Expressions used in Agreement

(2) In this Act, the expressions “council”, “member”, “Westbank First Nation”, “Westbank lands” and “Westbank law” have the same meaning as in the Agreement.


Effect Of Agreement

Force of law of Agreement

3. (1) The Agreement is approved and has the force of law.

Persons and bodies subject to Agreement

(2) Persons and bodies have the powers, rights, privileges and benefits conferred on them by the Agreement and are subject to the obligations and liabilities imposed on them by the Agreement.

Agreement binding

4. (1) The Agreement is binding on and may be relied on by all persons.

International obligations

(2) The provisions of the Agreement respecting Canada’s international legal obligations may be invoked only by a party to the Agreement.

Conflicts with other federal laws

5. In the event of a conflict between this Act or the Agreement and any other federal law, this Act or the Agreement prevails to the extent of the conflict.


Application Of Other Acts

Indian Act

6. The Indian Act does not apply in respect of the Westbank First Nation, its council, its members or Westbank lands except to the extent provided by the Agreement.

Acts respecting reserve lands

7. The First Nations Land Management Act and the Indian Oil and Gas Act do not apply in respect of the Westbank First Nation, its council, its members or Westbank lands.

Statutory Instruments Act

8. The Statutory Instruments Act does not apply in respect of Westbank law.

First Nations Fiscal and Statistical Management Act

8.1  Notwithstanding any provision of this Act or the Agreement, for the purpose of enabling the Westbank First Nation to benefit from the provisions of the First Nations Fiscal and Statistical Management Act or obtain the services of any body established under that Act, the Governor in Council may make any regulations that the Governor in Council considers necessary, including regulations

(a) adapting any provision of that Act or of any regulation made under that Act; and

(b) restricting the application of any provision of that Act or of any regulation made under that Act.

2005, c. 9, s. 153.


Legal Proceedings

Judicial notice

9. Judicial notice shall be taken of the Agreement and Westbank law.

Judicial review

10. Application for judicial review in accordance with the Agreement may only be made after all applicable procedures for appeal or review provided by Westbank law have been exhausted.

Federal Courts Act

11. Neither the council nor any person or body appointed by the Westbank First Nation and having, exercising or purporting to exercise jurisdiction or powers conferred by or under Westbank law is a federal board, commission or other tribunal within the meaning of the Federal Courts Act.

Notice of issues arising

12. (1) A party in any proceeding before a court or tribunal shall serve notice in writing on the Attorney General of Canada and the Westbank First Nation of any issue raised by that party in respect of

(a) the interpretation or validity of the Agreement; or

(b) the validity or applicability of this Act or of Westbank law.

Content of notice

(2) A notice must identify the proceeding in which the issue arises, state whether it arises in relation to paragraph (1)(a) or (b), give particulars of the point to be argued and, if a date has been fixed for argument, give the date.

Attachments

(3) A notice shall be accompanied by copies of all pleadings and other documents pertaining to the issue that are in the possession of the court or tribunal.

Time of service

(4) A notice shall be served within seven days after the issue is first raised by a party to the proceeding, whether in the initial pleadings or otherwise, and the issue may not be argued sooner than fourteen days after service unless the court or tribunal allows a shorter period.

Participation in proceedings

(5) In any proceeding to which subsection (1) applies, the Attorney General of Canada and the Westbank First Nation may appear and participate with the same rights as any other party.


General

Regulations and orders

13. The Governor in Council may, on the recommendation of the Minister of Indian Affairs and Northern Development made after consideration of any representations of the council, make any regulations or orders that the Governor in Council considers necessary or advisable for the purpose of carrying out the provisions of the Agreement.

References to “Canada”

14. References in the Agreement to “Canada”, other than as a place, shall be read as references to Her Majesty in right of Canada.

Canada Lands Surveys Act

14.1 (1) For the purposes of subsection 29(3) of the Canada Lands Surveys Act, in relation to Westbank lands, surveys and plans must be satisfactory to the council rather than to the Minister of Indian Affairs and Northern Development.

Exception

(2) Subsection (1) does not apply in relation to boundaries between Westbank lands and other lands.

Deposit of Agreement and amendments

15. The Minister of Indian Affairs and Northern Development shall have a copy of the Agreement and of every amendment made to the Agreement, certified by the Minister to be a true copy, deposited in

(a) the Library and Archives of Canada;

(b) the library of the Department of Indian Affairs and Northern Development situated in the National Capital Region; and

(c) the office of that Department situated nearest to Westbank lands.

2004, c. 17, ss. 15, 21.

Previous Version

Related Amendments

Access to Information Act

16. (Amendment)


Lobbyists Registration Act

17. (Amendment)


Privacy Act

18. (Amendments)

19. (Amendment)


Coordinating Amendments

20. (Amendment)

21. (Amendment)


Coming Into Force

Order


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