Tlicho Land Claims and Self-Government (S.C. 2005, c. 1)
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Assented to 2005-02-15
CONSEQUENTIAL AMENDMENTS
R.S., c. N-27Northwest Territories Act
102. The Act is amended by adding the following after section 17:
Marginal note:Agreement implementation Acts
17.1 Despite section 17, the Commissioner in Council may, in exercising the powers of the Commissioner in Council under section 16 for the purpose of implementing the Agreement, as defined in section 2 of the Tlicho Land Claims and Self-Government Act, make ordinances that are in relation to the matters coming within class 24 of section 91 of the Constitution Act, 1867.
1992, c. 39Northwest Territories Waters Act
103. The Northwest Territories Waters Act is amended by adding the following after section 9:
TLICHO COMMUNITIES
Marginal note:Exemption
9.1 (1) Sections 8 and 9 do not apply in respect of a use of waters or a deposit of waste in a Tlicho community, if the local government of that community has enacted a bylaw providing that a licence is not required for that type of use or deposit.
Marginal note:Same meaning
(2) The expressions “Tlicho community” and “local government” in subsection (1) have the same meaning as in section 2 of the Mackenzie Valley Resource Management Act.
104. Section 14 of the Act is amended by adding the following after subsection (6):
Marginal note:Statutory Instruments Act
(7) For greater certainty, licences issued by the Board under this Act either before or after the coming into force of this subsection are not statutory instruments within the meaning of the Statutory Instruments Act.
R.S., c. M-13; 2000, c. 8, s. 2Payments in Lieu of Taxes Act
105. The definition “taxing authority” in subsection 2(1) of the Payments in Lieu of Taxes Act is amended by striking out the word “or” at the end of paragraph (e), by adding the word “or” at the end of paragraph (f) and by adding the following after paragraph (f):
(g) the Tlicho Government, as defined in section 2 of the Tlicho Land Claims and Self-Government Act, if it levies and collects a real property tax or a frontage or area tax in respect of Tlicho lands, as defined in section 2 of the Mackenzie Valley Resource Management Act.
R.S., c. P-21Privacy Act
Marginal note:2000, c. 7, s. 26(2)
106. Subsection 8(7) of the Privacy 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 Tlicho Government, as defined in section 2 of the Tlicho Land Claims and Self-Government Act.
COORDINATING AMENDMENTS
R.S., c. A-1Access to Information Act
107. On the later of the coming into force of section 16 of the Westbank First Nation Self-Government Act and section 97 of this Act, 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;
(b) the council, as defined in the Westbank First Nation Self-Government Agreement given effect by the Westbank First Nation Self-Government Act; or
(c) the Tlicho Government, as defined in section 2 of the Tlicho Land Claims and Self-Government Act.
R.S., c. 44 (4th Supp.)Lobbyists Registration Act
108. On the later of the coming into force of section 17 of the Westbank First Nation Self-Government Act and section 100 of this Act, paragraph 4(1)(d.3) of the Lobbyists Registration Act is replaced by the following:
(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;
(d.4) members or employees of the Tlicho Government, as defined in section 2 of the Tlicho Land Claims and Self-Government Act, or persons on the staff of those members;
R.S., c. P-21Privacy Act
109. On the later of the coming into force of subsection 18(2) of the Westbank First Nation Self-Government Act and section 106 of this Act, subsection 8(7) of the Privacy 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;
(b) the council of the Westbank First Nation; or
(c) the Tlicho Government, as defined in section 2 of the Tlicho Land Claims and Self-Government Act.
Other Amendments
Marginal note:2003, c. 10
110. (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 100 of this Act, then, on the later of the coming into force of that subsection 3(1) and the day on which this Act receives royal assent, section 100 of this Act and the heading before it are repealed.
(2) If subsection 3(1) of the other Act comes into force on or after the day on which section 100 of this Act comes into force and section 108 of this Act has not had its effect, then, on the coming into force of that subsection 3(1), paragraph 4(1)(d.3) of the Lobbyists Registration Act is repealed.
(3) If subsection 3(1) of the other Act comes into force on or after the day on which section 100 of this Act comes into force and section 108 of this Act has had its effect, then, on the coming into force of that subsection 3(1), paragraphs 4(1)(d.3) and (d.4) of the Lobbyists Registration Act are repealed.
COMING INTO FORCE
Marginal note:Order in council
111. This Act, other than sections 107 to 110, comes into force on a day to be fixed by order of the Governor in Council.
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