APPLICATION OF OTHER ACTS
Marginal note:Indian Act
16. Subject to the Indian Act Transition Chapter and paragraphs 5 and 6 of the Taxation Chapter of the Nisga’a Final Agreement, the Indian Act does not apply to the Nisga’a Nation, Nisga’a Villages, Nisga’a Institutions or Nisga’a citizens as of the effective date of that Agreement, except for the purpose of determining whether an individual is an “Indian”.
Marginal note:Section 126 of Criminal Code
Marginal note:Statutory Instruments Act
Marginal note:Federal Courts Act
19. For greater certainty, no Nisga’a Institution or Nisga’a Court, and no body or person appointed by Nisga’a Government having, exercising or purporting to exercise jurisdiction or powers conferred by or under a Nisga’a law, is a federal board, commission or other tribunal within the meaning of the Federal Courts Act.
- 2000, c. 7, s. 19;
- 2002, c. 8, s. 182.
Marginal note:Notice of issues arising
20. (1) If, in any judicial or administrative proceeding, an issue arises in respect of
(a) the interpretation or validity of the Nisga’a Final Agreement, or
(b) the validity or applicability of any settlement legislation or any Nisga’a law,
the issue shall not be decided until the party raising the issue has properly served notice on the Attorney General of Canada, the Attorney General of British Columbia and the Nisga’a Lisims Government.
Marginal note:Content of notice
(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 paragraph (1)(a) or (b) or both;
(c) state the day on which the issue is to be argued;
(d) give particulars necessary to show the point to be argued; and
(e) be served at least fourteen days before the day of argument, unless the court or tribunal authorizes a shorter period.
Marginal note:Participation in proceedings
(3) In any judicial or administrative proceeding to which subsection (1) applies, the Attorney General of Canada, the Attorney General of British Columbia and the Nisga’a Lisims Government may appear and participate in the proceeding as parties with the same rights as any other party.
(4) For greater certainty, subsections (2) and (3) do not require that an oral hearing be held where one is not otherwise required.
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