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

Link to law: http://laws-lois.justice.gc.ca/eng/AnnualStatutes/2004_17/FullText.html

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

S.C. 2004, c. 17

Assented to 2004-05-06

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

SUMMARY

This enactment gives effect to the Westbank First Nation Self Government Agreement. It includes related amendments to several other Acts.

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;

R.S., c. C-46NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note: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.

Marginal note: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

Marginal note:Force of law of Agreement

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

Marginal note: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.

Marginal note:Agreement binding

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

Marginal note:International obligations

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

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note:Statutory Instruments Act

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

LEGAL PROCEEDINGS

Marginal note:Judicial notice

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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note:Exception

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

Marginal note: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 National 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.

RELATED AMENDMENTS

R.S., c. A-1Access to Information Act

Marginal note:2000, c. 7, s. 21(2)

16. Subsection 13(3) of the Access to Information Act is replaced by the following:

Definition of “aboriginal government”

(3) The expression “aboriginal government” in paragraph (1)(e) means

(a) Nisga'a Government, as defined in the Nisga'a Final Agreement given effect by the Nisga'a Final Agreement Act; or

(b) the council, as defined in the Westbank First Nation Self-Government Agreement given effect by the Westbank First Nation Self-Government Act.

R.S., c. 44 (4th Supp.)Lobbyists Registration Act

17. Subsection 4(1) of the Lobbyists Registration Act is amended by adding the following after paragraph (d.2):

(d.3) members of the council, as defined in the Westbank First Nation Self-Government Agreement given effect by the Westbank First Nation Self-Government Act, or persons on the staff of the council or of a member of the council;

R.S., c. P-21Privacy Act

18. (1) Paragraph 8(2)(f) of the Privacy Act is replaced by the following:

(f) under an agreement or arrangement between the Government of Canada or an institution thereof and the government of a province, the council of the Westbank First Nation, the government of a foreign state, an international organization of states or an international organization established by the governments of states, or any institution of any such government or organization, for the purpose of administering or enforcing any law or carrying out a lawful investigation;

Marginal note:2000, c. 7, s. 26(2)

(2) Subsection 8(7) of the Act is replaced by the following:

Definition of “aboriginal government”

(7) The expression “aboriginal government” in paragraph (2)(k) means

(a) Nisga'a Government, as defined in the Nisga'a Final Agreement given effect by the Nisga'a Final Agreement Act; or

(b) the council of the Westbank First Nation.

Definition of “council of the Westbank First Nation”

(8) The expression “council of the Westbank First Nation” in paragraphs (2)(f) and (7)(b) means the council, as defined in the Westbank First Nation Self-Government Agreement given effect by the Westbank First Nation Self-Government Act.

19. Subsection 19(1) of the Act is amended by striking out the word “or” at the end of paragraph (c), by adding the word “or” at the end of paragraph (d) and by adding the following after paragraph (d):

(e) the council, as defined in the Westbank First Nation Self-Government Agreement given effect by the Westbank First Nation Self-Government Act.

COORDINATING AMENDMENTS

Marginal note:2003, c. 10

20. (1) If subsection 3(1) of An Act to amend the Lobbyists Registration Act, chapter 10 of the Statutes of Canada, 2003 (the “other Act”), comes into force before the coming into force of section 17 of this Act, then section 17 of this Act and the heading before it are repealed on the coming into force of subsection 3(1) of the other Act or on royal assent to this Act, whichever is later.

(2) If subsection 3(1) of the other Act comes into force on or after the day on which section 17 of this Act comes into force, then paragraph 4(1)(d.3) of the Lobbyists Registration Act, as enacted by section 17 of this Act, is repealed on the coming into force of that subsection.

Marginal note:Bill C-8

21. If Bill C-8, introduced in the 3rd session of the 37th Parliament and entitled the Library and Archives of Canada Act (the “other Act”), receives royal assent, then, on the later of the coming into force of section 4 of the other Act and paragraph 15(a) of this Act, paragraph 15(a) of this Act is replaced by the following:

(a) the Library and Archives of Canada;

COMING INTO FORCE

Marginal note:Order

22. The provisions of this Act, other than sections 20 and 21, come into force on a day to be fixed by order of the Governor in Council.
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