Contents
Whereas the Government of Canada is committed to achieving reconciliation with First Nations through renewed nation-to-nation relationships based on recognition of rights, respect, cooperation and partnership;Whereas the Government of Canada recognizes that the inherent right of self-government is a right of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982;Whereas the Anishinabek Nation Governance Agreement specifies that the First Nations and the Anishinabek Nation may enact laws in respect of governance, as well as in respect of Anishinabek culture and languages;Whereas the Agreement provides that the parties may enter into additional self-government agreements in relation to other law-making powers, and that those agreements would become part of the Agreement, unless the parties agree otherwise;Whereas the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples and the parties to the Agreement view it as contributing to the implementation of that declaration;And whereas ratification of the Agreement requires the coming into force of an Act of Parliament that gives effect to it;Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
1Short title#
This Act may be cited as the Anishinabek Nation Governance Agreement Act.
Interpretation
2Definitions#
The following definitions apply in this Act.
Anishinabek law means a law made by a First Nation or the Anishinabek Nation under section 6. (texte législatif anishinabe)
Anishinabek Nation Government has the same meaning as in section 1.1 of the Agreement. (gouvernement de la Nation des Anishinabes)
band has the same meaning as in subsection 2(1) of the Indian Act. (bande)
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 means a constitution ratified by a First Nation or the Anishinabek Nation in accordance with the Agreement. (constitution)
First Nation means, except in subsection 14(1), a band that is named in the schedule. (première nation)
First Nation Government has the same meaning as in section 1.1 of the Agreement. (gouvernement de la première nation)
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)
3Not a treaty#
The Agreement is not a treaty within the meaning of section 35 of the Constitution Act, 1982.
Agreement
4Agreement given effect#
(1)The Agreement is approved, given effect and declared valid and has the force of law.
(3)For greater certainty, the Agreement is binding on, and may be relied on by, all persons and bodies.
Anishinabek Laws
6Power to enact laws#
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;
(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
7Indian Act#
(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.
(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.
(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.
(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.
(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.
8First Nations Elections Act#
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.
9Statutory Instruments Act#
An Anishinabek law and any regulation or order made under it are not statutory instruments for the purposes of the Statutory Instruments Act.
General
10Judicial notice — Agreement#
(1)Judicial notice must be taken of the Agreement.
(2)The Agreement must be published by the Queen’s Printer.
11Judicial notice — Anishinabek laws#
(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.
(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.
12Notice#
(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.
(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.
(3)In any proceeding, the recipient of a notice may appear and participate as a party with the same rights as any other party.
(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
Amendment of Schedule
14Addition of name of First Nation#
(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.
(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.
First Nations (Sections 2 and 14)
Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.