Anishinabek Nation Governance Agreement Act (S.C. 2022, c. 9, s. 1)

Short Title

Marginal note:Short title

1 This Act may be cited as the Anishinabek Nation Governance Agreement Act.

Interpretation

Marginal note:Definitions

2 The following definitions apply in this Act.

Agreement

Agreement means the Anishinabek Nation Governance Agreement, signed on April 6, 2022, including any amendments made to it. (accord)

Anishinabek law

Anishinabek law means a law made by a First Nation or the Anishinabek Nation under section 6. (texte législatif anishinabe)

Anishinabek Nation Government

Anishinabek Nation Government has the same meaning as in section 1.1 of the Agreement. (gouvernement de la Nation des Anishinabes)

band

band has the same meaning as in subsection 2(1) of the Indian Act. (bande)

citizen

citizen means a citizen — an “E’Dbendaagzijig” — of a First Nation, within the meaning of section 1.1 of the Agreement, or of the Anishinabek Nation, under section 4.15 of the Agreement.  (citoyen)

constitution

constitution means a constitution ratified by a First Nation or the Anishinabek Nation in accordance with the Agreement. (constitution)

First Nation

First Nation means, except in subsection 14(1), a band that is named in the schedule. (première nation)

First Nation Government

First Nation Government has the same meaning as in section 1.1 of the Agreement. (gouvernement de la première nation)

Indigenous peoples of Canada

Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones du Canada)

Marginal note:Not a treaty

3 The Agreement is not a treaty within the meaning of section 35 of the Constitution Act, 1982.

Agreement

Marginal note:Agreement given effect

• 4 (1) The Agreement is approved, given effect and declared valid and has the force of law.

• Marginal note:Rights and obligations

  (2) For greater certainty, a person or body has the powers, rights, privileges and benefits conferred on the person or body by the Agreement and must perform the duties, and is subject to the liabilities, imposed on the person or body by the Agreement.

• Marginal note:Agreement binding

  (3) For greater certainty, the Agreement is binding on, and may be relied on by, all persons and bodies.

Marginal note:Agreement prevails

• 5 (1) In the event of any inconsistency or conflict between the Agreement and the provisions of any Act of Parliament, or of any regulation made under an Act of Parliament, the Agreement prevails to the extent of the inconsistency or conflict.

• Marginal note:Act prevails

  (2) In the event of any inconsistency or conflict between the provisions of this Act and the provisions of any other Act of Parliament, or of any regulation made under any other Act of Parliament, the provisions of this Act prevail to the extent of the inconsistency or conflict.

Anishinabek Laws

Marginal note:Power to enact laws

6 A First Nation or the Anishinabek Nation, as the case may be, may, in accordance with the applicable constitution and the Agreement, make laws respecting

• (a) the selection of government representatives;

• (b) the determination of who is a citizen, as well as the rights, privileges and responsibilities associated with being a citizen;

• (c) the management and operation of government;

• (d) the preservation, promotion and development of culture and language; and

• (e) any other matters covered by any additional self-government agreements entered into by the First Nations, the Anishinabek Nation and the Government of Canada in accordance with Chapter 13 of the Agreement.

Application of Other Acts

Marginal note:Indian Act

• 7 (1) Subject to subsections (2) to (4), the Indian Act continues to apply in respect of every First Nation, its citizens and its reserve as of the day of coming into force of section 4.

• Marginal note:Indian Act — sections 8 to 14

  (2) Sections 8 to 14 of the Indian Act cease to apply in respect of the First Nation and its members on the day on which a law referred to in paragraph 6(b) made by that First Nation comes into force.

• Marginal note:Indian Act — sections 74 to 79

  (3) Sections 74 to 79 of the Indian Act cease to apply in respect of the First Nation and its members on the day on which a law referred to in paragraph 6(a) made by that First Nation comes into force.

• Marginal note:Indian Act — section 80

  (4) Section 80 of the Indian Act ceases to apply in respect of First Nations and their members on the day on which section 4 comes into force.

• Marginal note:Indian Act — definitions

  (5) For the purposes of the continuing application of the Indian Act under this section, the definitions band, council of the band and member of a band in subsection 2(1) of that Act have the meaning assigned to First Nation,First Nation Government and citizen, respectively, in section 2.

Marginal note:First Nations Elections Act

8 The First Nations Elections Act ceases to apply in respect of a First Nation and its members on the day on which a law referred to in paragraph 6(a) made by that First Nation comes into force.

Marginal note:Statutory Instruments Act

9 An Anishinabek law and any regulation or order made under it are not statutory instruments for the purposes of the Statutory Instruments Act.

General

Marginal note:Judicial notice — Agreement

• 10 (1) Judicial notice must be taken of the Agreement.

• Marginal note:Publication

  (2) The Agreement must be published by the Queen’s Printer.

• Marginal note:Evidence

  (3) A copy of the Agreement published by the Queen’s Printer is evidence of the Agreement and of its contents, and a copy purporting to be published by the Queen’s Printer is presumed to be so published unless the contrary is shown.

Marginal note:Judicial notice — Anishinabek laws

• 11 (1) Judicial notice must be taken of an Anishinabek law that is registered in the official registry of laws maintained by a First Nation or the Anishinabek Nation in accordance with the Agreement.

• Marginal note:Evidence

  (2) A copy of an Anishinabek law purporting to be registered in an official registry of laws referred to in subsection (1) is evidence of that law and of its contents, unless the contrary is shown.

Marginal note:Notice

• 12 (1) If an issue arises in any judicial or administrative proceeding in respect of the interpretation or validity of a provision of the Agreement, this Act or an Anishinabek law, then the issue must not be decided until the party raising the issue has served notice

  • (a) on the Attorney General of Canada and the Anishinabek Nation Government, in the case of a provision of the Agreement or this Act;

  • (b) on the Anishinabek Nation Government, in the case of a provision of a law of the Anishinabek Nation; and

  • (c) on the First Nation Government, in the case of a provision of a law of a First Nation.

• Marginal note:Content and timing

  (2) The notice must

  • (a) describe the proceeding;

  • (b) state the subject matter of the issue;

  • (c) state the day on which the issue is to be argued;

  • (d) give the particulars that are necessary to show the point to be argued; and

  • (e) be served at least 30 days before the day on which the issue is to be argued, unless the court or tribunal authorizes a shorter period.

• Marginal note:Participation in proceedings

  (3) In any proceeding, the recipient of a notice may appear and participate as a party with the same rights as any other party.

• Marginal note:Clarification

  (4) For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required.

Orders and Regulations

Marginal note:Orders and regulations

13 The Governor in Council may make any orders or regulations that the Governor in Council considers necessary for the purpose of carrying out the Agreement or other agreements related to the implementation of the Agreement.

Amendment of Schedule

Marginal note:Addition of name of First Nation

• 14 (1) The Governor in Council may, by order, add the name of any First Nation to the schedule if the Governor in Council is satisfied that the First Nation has, in a manner consistent with the Agreement, ratified the Agreement and has a constitution.

• Marginal note:Amendment or removal

  (2) The Governor in Council may, by order, amend the schedule to amend or remove the name of a First Nation if the Governor in Council is satisfied that consent to the amendment or removal was obtained in a manner consistent with the Agreement.