Agreement
Text
Agreement given effect
5 (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, any person or body has the powers, rights, privileges and benefits conferred on the person or body by the Agreement and shall perform the duties, and is subject to the liabilities, imposed on the person or body by the Agreement.Marginal note:
Third parties
(3) For greater certainty, the Agreement is binding on, and may be relied on by, all persons and bodies that are not parties to it.Marginal note:
Saving
(4) Despite subsection (3), sections 17.27.8 and 17.27.9 of the Agreement may be invoked only by Her Majesty in right of Canada or by the Nunatsiavut Government.
Marginal note:
Inconsistency with Agreement
6 (1) In the event of an inconsistency or a conflict between the Agreement and any federal or provincial law, including this Act, the Agreement prevails to the extent of the inconsistency or conflict.
Marginal note:
Inconsistency with Act
(2) In the event of an inconsistency or a conflict between this Act and any other federal or provincial law, this Act prevails to the extent of the inconsistency or conflict.
Analysis
Summary
This passage discusses the effect and validity of an agreement. According to subsection (1), the Agreement is approved, given effect, and considered valid with the force of law. Subsection (2) states that any person or body is granted the powers, rights, privileges, and benefits conferred by the Agreement and must fulfill the associated duties and liabilities. Subsection (3) clarifies that the Agreement is binding on all persons and bodies, even those not involved in it. However, subsection (4) specifies that certain sections of the Agreement can only be invoked by the Canadian government or the Nunatsiavut Government. Additionally, in the case of inconsistency or conflict, subsections (6)(1) and (6)(2) state that the Agreement takes precedence over federal or provincial laws, including the Act, and the Act takes precedence over any other federal or provincial laws, respectively.
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