Nisga’a Final Agreement Act (S.C. 2000, c. 7)
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Act current to 2013-05-26 and last amended on 2003-07-02. Previous Versions
Nisga’a Final Agreement Act
S.C. 2000, c. 7
Assented to 2000-04-13
An Act to give effect to the Nisga’a Final Agreement
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 Canadians;
Whereas Canadian courts have stated that this reconciliation is best achieved through negotiation and agreement, rather than through litigation or conflict;
Whereas representatives of the Nisga’a Nation, Her Majesty in right of Canada and Her Majesty in right of British Columbia have negotiated the Nisga’a Final Agreement to achieve this reconciliation and to establish a new relationship among them;
Whereas the Constitution of Canada is the supreme law of Canada;
Whereas the Nisga’a Final Agreement states that the Agreement does not alter the Constitution of Canada;
Whereas the Nisga’a Final Agreement states that the Canadian Charter of Rights and Freedoms applies to Nisga’a Government in respect of all matters within its authority, bearing in mind the free and democratic nature of Nisga’a Government as set out in the Agreement;
And Whereas the enactment of federal legislation is required by the Nisga’a Final Agreement to give effect to the Agreement;
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
Marginal note:Short title
1. This Act may be cited as the Nisga’a Final Agreement Act.
INTERPRETATION
Marginal note:Definitions
2. (1) The definitions in this subsection apply in this Act.
“Nisga’a Final Agreement”
« Accord définitif nisga’a »
“Nisga’a Final Agreement” means the Nisga’a Final Agreement signed on behalf of the Nisga’a Nation and Her Majesty in right of British Columbia on April 27, 1999 and on behalf of Her Majesty in right of Canada on May 4, 1999 and laid before the House of Commons on October 19, 1999, and includes any amendments made to that Agreement from time to time in accordance with its provisions.
“settlement legislation”
« législation de mise en vigueur »
“settlement legislation” means the Acts of Parliament and the Acts of the Legislature of British Columbia that give effect to the Nisga’a Final Agreement, including this Act and the Nisga’a Final Agreement Act (British Columbia).
“Taxation Agreement”
« accord fiscal »
“Taxation Agreement” means the Nisga’a Nation Taxation Agreement, laid before the House of Commons on October 19, 1999, and entered into on the effective date of the Nisga’a Final Agreement by the Nisga’a Nation, Her Majesty in right of Canada and Her Majesty in right of British Columbia, as provided for by paragraph 21 of the Taxation Chapter of the Nisga’a Final Agreement, and includes any amendments made to the Nisga’a Nation Taxation Agreement from time to time in accordance with its provisions.
Marginal note:Expressions defined in Agreement
(2) Words and expressions used in this Act have the same meaning as in the Nisga’a Final Agreement, unless the context requires otherwise.
Marginal note:Constitution Act, 1982
3. The Nisga’a Final Agreement is a treaty and a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.
NISGA’A FINAL AGREEMENT
Marginal note:Nisga’a Final Agreement
4. (1) The Nisga’a Final Agreement is approved, given effect and declared valid and has the force of law.
Marginal note:Rights and duties
(2) Without limiting the application of subsection (1), a person or body has the powers, rights, privileges and benefits conferred on the person or body by the Nisga’a Final Agreement and shall perform the duties and is subject to the liabilities imposed on the person or body by that Agreement.
Marginal note:Saving
(3) No provision made by this Act for a matter that is already provided for in the Nisga’a Final Agreement limits the application of this section.
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