Déline Final Self-Government Agreement Act (S.C. 2015, c. 24)
Full Document:
Assented to 2015-06-18
Marginal note:Retroactive effect
19. Despite subsection 4(1), 2.5.1 and 4.6 of the Déline Agreement, chapter 31 of that Agreement and 2.1, 2.2, 3.3, 5.1 and 5.2 of schedule C to that Agreement are deemed to have effect as of October 1, 2013.
Marginal note:Orders and regulations
20. The Governor in Council may make any orders and regulations that are necessary for the purpose of carrying out any of the provisions of the Déline Agreement or of any other agreements that are related to the implementation of the Déline Agreement.
CONSEQUENTIAL AND RELATED AMENDMENTS
R.S., c. M-13; 2000, c. 8, s. 2Payments in Lieu of Taxes Act
21. The definition “taxing authority” in subsection 2(1) of the Payments in Lieu of Taxes Act is amended by adding the following after paragraph (g):
(g.1) the Déline Got’ine Government, as defined in section 2 of the Déline Final Self-Government Agreement Act, if it levies and collects a real property tax or a frontage or area tax in respect of Déline Lands, as defined in 22.1.1 of the Déline Final Self-Government Agreement that is approved, given effect and declared valid by that Act;
1998, c. 25Mackenzie Valley Resource Management Act
Marginal note:2005, c. 1, s. 15(1)
22. (1) The definitions “local government” and “Sahtu First Nation” in section 2 of the Mackenzie Valley Resource Management Act are replaced by the following:
“local government”
« administration locale »
“local government” means any local government established under the laws of the Northwest Territories, including a city, town, village, hamlet, charter community, settlement or government of a Tlicho community, whether incorporated or not, and includes the territorial government in the case where it is acting in the place of that local government in accordance with those laws. It also includes the Déline Got’ine Government in the case where it is exercising the jurisdiction and authority set out in 9.1 of the Déline Agreement.
“Sahtu First Nation”
« première nation du Sahtu »
“Sahtu First Nation” means the Sahtu Dene and Metis as represented by The Sahtu Secretariat Incorporated, a corporation without share capital under Part II of the Canada Corporations Act, R.S.C. 1970, c. C-32, being the successor, for the purposes of this Act, to the Sahtu Tribal Council referred to in the Sahtu Agreement, or by any successor to that corporation. It also includes the Déline Got’ine Government in the case where The Sahtu Secretariat Incorporated or its successor has made a delegation or assignment to that government of any powers and functions conferred under this Act.
(2) Section 2 of the Act is amended by adding the following in alphabetical order:
“Déline Agreement”
« accord de Deline »
“Déline Agreement” means the Déline Final Self-Government Agreement among the Déline First Nation Band, the Déline Land Corporation, the Government of Canada and the Government of the Northwest Territories, signed on February 18, 2015, including any amendments made to it, that is approved, given effect and declared valid by the Déline Final Self-Government Agreement Act.
“Déline Got’ine Government”
« gouvernement Gotine de Deline »
“Déline Got’ine Government” means the government established in accordance with chapter 3 of the Déline Agreement.
“Déline lands”
« terres de Deline »
“Déline lands” means the lands whose title is vested in the Déline Got’ine Government in accordance with 21.2.1 of the Déline Agreement.
“Déline law”
« loi de Deline »
“Déline law” has the meaning assigned by the definition “DGG Law” in chapter 1 of the Déline Agreement.
23. Section 4 of the Act is amended by adding the following after subsection (4):
Marginal note:Delegation by Déline Got’ine Government
(5) The Déline Got’ine Government may, in conformity with the Déline Agreement, delegate any of its functions under this Act to
(a) a body or office established by a Déline law;
(b) a department, agency or office of the federal or the territorial government;
(c) a board or other public body established by or under an Act of Parliament or by a territorial law; or
(d) any other entity.
24. Subsection 5(1) of the Act is replaced by the following:
Marginal note:Conflict
5. (1) If there is any inconsistency or conflict between this Act and a land claim agreement, the Déline Agreement, an Act giving effect to any of those agreements or the Indian Act, then the land claim agreement, the Déline Agreement, the Act or the Indian Act prevails over this Act to the extent of the inconsistency or conflict.
Marginal note:2005, c. 1, s. 18
25. Subsection 8(1) of the Act is replaced by the following:
Marginal note:Consultation
8. (1) The federal Minister shall consult the first nations, the Tlicho Government and the Déline Got’ine Government with respect to the amendment of this Act.
Marginal note:2005, c. 1, s. 23
26. Subsection 16(2) of the Act is replaced by the following:
Marginal note:Status or entitlements under agreement
(2) A member of a board is not placed in a material conflict of interest merely because of any status or entitlement conferred on the member under the Gwich’in Agreement, the Sahtu Agreement, the Tlicho Agreement or any other agreement between a first nation and Her Majesty in right of Canada for the settlement of a claim to lands or under the Déline Agreement.
Marginal note:2005, c. 1, s. 25
27. Section 22 of the Act is replaced by the following:
Marginal note:Government information
22. Subject to any other federal or territorial law and to any Tlicho law or Déline law, a board may obtain from any department or agency of the federal or territorial government, the Tlicho Government or the Déline Got’ine Government any information in the possession of the department, agency, Tlicho Government or Déline Got’ine Government that the board requires for the performance of its functions.
Marginal note:2014, c. 2, s. 128(1)
28. Subsection 31(1) of the Act is replaced by the following:
Marginal note:Statutory Instruments Act
31. (1) Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of rules under section 30, a land use plan or amendment to a land use plan under Part 2, rules under subsection 49(2), guidelines or policies under section 65, policy directions under subsection 50.1(1) or 83(1), (2) or (2.1), directions under section 106, policy directions under section 109 or 109.1 or subsection 142.2(1) or guidelines under section 120.
29. Section 63 of the Act is amended by adding the following after subsection (4):
Marginal note:Consultation with Déline Got’ine Government
(5) The Sahtu Land and Water Board shall consult the Déline Got’ine Government before issuing, amending or renewing any licence, permit or authorization for a use of Déline lands or waters on those lands or a deposit of waste on those lands or in those waters.
30. (1) Section 83 of the Act is amended by adding the following after subsection (1):
Marginal note:Notice to Déline Got’ine Government
(1.1) The federal Minister shall inform the Déline Got’ine Government, to the extent provided for in 2.7.1 of the Déline Agreement, of the Minister’s intention to give a written policy direction to the Sahtu Land and Water Board if the policy direction is in relation to the use of land or water or the deposit of waste in the area described in schedule A to the Déline Agreement.
(2) Section 83 of the Act is amended by adding the following after subsection (2):
Marginal note:Policy directions by Déline Got’ine Government
(2.1) The Déline Got’ine Government may, after consultation with the Sahtu Land and Water Board and the federal Minister, give written policy directions to the Board with respect to the performance of any of the Board’s functions under this Part in relation to the use of Déline lands. Policy directions are binding on the Board to the extent that compliance with them does not require the Board to exceed its approved budget.
Marginal note:2005, c. 1, s. 47
(3) Subsection 83(5) of the Act is replaced by the following:
Marginal note:Conflict between policy directions
(5) If there is a conflict between policy directions given by the federal Minister under subsection (1) and policy directions given by the Tlicho Government under subsection (2) or by the Déline Got’ine Government under subsection (2.1), the policy directions given under subsection (2) or (2.1), as the case may be, prevail to the extent of the conflict.
Marginal note:2005, c. 1, s. 47
(4) Subsection 83(6) of the English version of the Act is replaced by the following:
Marginal note:Conflict between legislation and policy directions
(6) If there is a conflict between policy directions given by the federal Minister, the Tlicho Government or the Déline Got’ine Government under this section and the provisions of any Act of Parliament, of any regulations made under an Act of Parliament or of any territorial law, those provisions prevail to the extent of the conflict.
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