Gwich’in Land Claim Settlement Act

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Sections25

• 1Short title

  This Act may be cited as the Gwich’in Land Claim Settlement Act.

• 2Definition of Agreement

  In this Act, Agreement means the Comprehensive Land Claim Agreement between Her Majesty the Queen in right of Canada and the Gwich’in, as represented by the Gwich’in Tribal Council, signed on April 22, 1992, tabled in the House of Commons for the Minister of Indian Affairs and Northern Development on November 16, 1992, and includes amendments made from time to time pursuant to the Agreement.

• 3Binding on Her Majesty

  This Act is binding on Her Majesty in right of Canada or a province.

• 4Agreement
• 4(1)

  The Agreement is hereby approved, given effect and declared valid.

• 4(2)Idem

  For greater certainty, where the Agreement confers on any person or body a right, privilege, benefit or power, requires any person or body to perform a duty or subjects any person or body to a liability, that person or body may exercise the right, privilege, benefit or power, shall perform the duty or is subject to the liability to the extent provided for by the Agreement.

• 4(3)Idem

  For greater certainty, title to lands vests in the Gwich’in Tribal Council as set out in the Agreement.

• 5Renewable Resources Board

  For the purposes of carrying out its objectives, the Renewable Resources Board established by the Agreement has the capacity, rights, powers and privileges of a natural person.

• 6Orders and regulations

  The Governor in Council may make such orders and regulations as are necessary for the purpose of carrying out the Agreement or for giving effect to any of the provisions thereof.

• 7Publication of Agreement and amendments

  The Minister of Indian Affairs and Northern Development shall cause a certified copy of the Agreement and any amendments thereto to be deposited in

• 7(a)

  the library of the Department of Indian Affairs and Northern Development that is situated in the National Capital Region;

• 7(b)

  the regional offices of the Department of Indian Affairs and Northern Development that are situated in Yukon and the Northwest Territories;

• 7(c)

  the legislative libraries of the Government of Yukon and the Government of the Northwest Territories; and

• 7(d)

  such other places as the Minister deems necessary.

• 8Inconsistency or conflict

  Where there is any inconsistency or conflict between this Act or the Agreement and the provisions of any law, this Act or the Agreement, as the case may be, prevails to the extent of the inconsistency or conflict.

• 8.1Repealed

  [Repealed, 2009, c. 23, s. 330]

• 9Payments out of C.R.F.

  There shall be paid out of the Consolidated Revenue Fund such sums as may be required to meet the monetary obligations of Canada under chapters 8 and 9 of the Agreement.

• 10

  [Amendment]

• *11Coming into force

  This Act shall come into force on a day to be fixed by order of the Governor in Council. [Note: Act in force December 22, 1992, see SI/93-1.]

• [p19]
• (2)Other references to Department of Indian Affairs and Northern Development

  Unless the context requires otherwise, every reference to the “Department of Indian Affairs and Northern Development” is, with any grammatical adaptations, to be read as a reference to the “Department of Crown-Indigenous Relations and Northern Affairs” in the following provisions:

• (a)

  paragraphs 7(a) and (b) of the Gwich’in Land Claim Settlement Act;

• [p22]
• (2) #23Other references to Minister of Indian Affairs and Northern Development

  Unless the context requires otherwise, every reference to the “Minister of Indian Affairs and Northern Development” is, with any grammatical adaptations, to be read as a reference to the “Minister of Crown-Indigenous Relations” in the following provisions:

• (a) #24

  the portion of section 7 of the Gwich’in Land Claim Settlement Act before paragraph (a);