Eeyou Marine Region Land Claims Agreement Act

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Sections42

• 1Short title

  This Act may be cited as the Eeyou Marine Region Land Claims Agreement Act.

• 2Definition of Agreement
• 2(1)

  In this Act, Agreement means the Agreement between the Crees of Eeyou Istchee and Her Majesty the Queen in right of Canada concerning the Eeyou Marine Region, signed on July 7, 2010, including any amendments made to it.

• 2(2)Definitions in Agreement

  In this Act, Crees of Eeyou Istchee and Legislation have the same meaning as in Chapter 1 of the Agreement, and Grand Council of the Crees has the same meaning as Grand Council of the Crees (Eeyou Istchee) in that Chapter.

• 3Status of Agreement

  The Agreement is a treaty within the meaning of sections 25 and 35 of the Constitution Act, 1982.

• 4Act binding on Her Majesty

  This Act is binding on Her Majesty in right of Canada or a province so as to give effect to the Agreement in accordance with its terms.

• 5Agreement given effect
• 5(1)

  The Agreement is approved, given effect and declared valid.

• 5(2)Rights and obligations

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

• 5(3)Third parties

  The Agreement is binding on, and may be relied on by, all persons and bodies that are not parties to it.

• 6Inconsistency with Agreement
• 6(1)

  The Agreement prevails over this Act and other Legislation to the extent of an inconsistency or conflict between them.

• 6(2)Inconsistency with Act

  This Act prevails over other Legislation to the extent of an inconsistency or conflict between them.

• 7Legal capacity
• 7(1)

  The Eeyou Marine Region Planning Commission, the Eeyou Marine Region Wildlife Board and the Eeyou Marine Region Impact Review Board established by the Agreement each have the capacity, rights, powers and privileges of a natural person for the purposes of carrying out their objectives.

• 7(2)Not agents of Her Majesty

  The bodies referred to in subsection (1) are not agents of Her Majesty in right of Canada.

• 8Payments out of C.R.F.

  The sums that are required to meet the monetary obligations of Her Majesty in right of Canada under Chapters 13, 22, 23 and 25 of the Agreement are to be paid out of the Consolidated Revenue Fund.

• 9Judicial notice
• 9(1)

  Judicial notice is to be taken of the Agreement.

• 9(2)Publication

  The Agreement is to be published by the Queen’s Printer.

• 9(3)Evidence

  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.

• 10Notice of issues arising
• 10(1)

  If an issue arises in any judicial or administrative proceeding in respect of the interpretation, validity or application of the Agreement or of this Act, the issue is not to be decided unless the party raising it has served notice on the Attorney General of Canada and the Grand Council of the Crees.

• 10(2)Notice of issues arising — Nunavut

  If the issue affects the interests of the Government of Nunavut, it is not to be decided unless the party raising it has also served notice on the Minister of Justice of Nunavut.

• 10(3)Content of notice

  The notice must

• 10(3)(a)

  describe the judicial or administrative proceeding in which the issue arises;

• 10(3)(b)

  specify what the issue arises in respect of;

• 10(3)(c)

  state the day on which the issue is to be argued;

• 10(3)(d)

  give particulars necessary to show the point to be argued; and

• 10(3)(e)

  be served at least 14 days before the day of argument, unless the court or tribunal authorizes a shorter period.

• 10(4)Participation in proceedings

  In any proceeding to which subsection (1) applies, the Attorney General of Canada and the Grand Council of the Crees — and, if subsection (2) applies, the Minister of Justice of Nunavut — may appear and participate in the proceeding as parties with the same rights as any other party.

• 10(5)Saving

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

• 11Statutory Instruments Act

  An instrument made under the Agreement is not a statutory instrument for the purposes of the Statutory Instruments Act.

• 12Orders and regulations

  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 Agreement.

• 13Review by Grand Council of the Crees
• 13(1)

  Within 10 years after this Act receives royal assent, a review of the implementation of this Act and the Agreement may be undertaken by the Grand Council of the Crees.

• 13(2)Report

  The Grand Council of the Crees may submit a report on any review undertaken under subsection (1) to the Minister referred to in subsection 14(1).

• 13(3)Tabling of report

  The Minister must cause any report submitted under subsection (2) to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives it.

• 14Review by Minister
• 14(1)

  Within 10 years after this Act receives royal assent, a comprehensive review of the implementation of this Act and the Agreement must be undertaken by the Minister designated by the Governor in Council for the purposes of this Act.

• 14(2)Tabling of report

  The Minister must cause a report on the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed.

• *15Order in council

  This Act comes into force on a day to be fixed by order of the Governor in Council. [Note: Act in force February 15, 2012, see SI/2012-5.]