Treaty
Eeyou Marine Region Land Claims Agreement (EMRLCA) - 2011
I. Preamble
An Act to give effect to the Agreement between the Crees of Eeyou Istchee and Her Majesty the Queen in right of Canada concerning the Eeyou Marine Region
Preamble
Recognizing that
the Crees of Eeyou Istchee assert aboriginal rights in and title to the Eeyou Marine Region as defined in the Agreement;
the Eeyou Marine Region is a fundamental and integral component of Eeyou Istchee as defined in the Agreement;
the Crees of Eeyou Istchee are an aboriginal people of Canada;
the Constitution Act, 1982 recognizes and affirms the existing aboriginal and treaty rights of the aboriginal peoples of Canada;
the Crees of Eeyou Istchee, as represented by the Grand Council of the Crees, and the Government of Canada have negotiated the Agreement;
the Crees of Eeyou Istchee, by a vote held from March 15 to 26, 2010, have approved the Agreement;
the Agreement was signed on behalf of the Crees of Eeyou Istchee and Her Majesty the Queen in right of Canada on July 7, 2010; and
the Agreement requires that legislation be enacted by the Parliament of Canada in order for the Agreement to be ratified;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
II. Short Title
Short title
1 This Act may be cited as the Eeyou Marine Region Land Claims Agreement Act.
III. Interpretation
Definition 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.
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Definitions in Agreement
(2) 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.
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Status of Agreement
3 The Agreement is a treaty within the meaning of sections 25 and 35 of the Constitution Act, 1982.
IV. Her Majesty
Act binding on Her Majesty
4 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.
V. Agreement
Agreement given effect
5 (1) The Agreement is approved, given effect and declared valid.
Marginal note:
Rights and obligations
(2) 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.Marginal note:
Third parties
(3) The Agreement is binding on, and may be relied on by, all persons and bodies that are not parties to it.
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Inconsistency with Agreement
6 (1) The Agreement prevails over this Act and other Legislation to the extent of an inconsistency or conflict between them.
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Inconsistency with Act
(2) This Act prevails over other Legislation to the extent of an inconsistency or conflict between them.
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Legal 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.
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Not agents of Her Majesty
(2) The bodies referred to in subsection (1) are not agents of Her Majesty in right of Canada.
VI. Appropriation
Payments out of C.R.F.
8 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.
VII. General
Judicial notice
9 (1) Judicial notice is to be taken of the Agreement.
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Publication
(2) The Agreement is to 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.
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Notice 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.
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Notice of issues arising — Nunavut
(2) 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.Marginal note:
Content of notice
(3) The notice must(a) describe the judicial or administrative proceeding in which the issue arises;
(b) specify what the issue arises in respect of;
(c) state the day on which the issue is to be argued;
(d) give particulars necessary to show the point to be argued; and
(e) be served at least 14 days before the day of argument, unless the court or tribunal authorizes a shorter period.
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Participation in proceedings
(4) 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.Marginal note:
Saving
(5) For greater certainty, subsections (3) and (4) do not require that an oral hearing be held if one is not otherwise required.
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11 An instrument made under the Agreement is not a statutory instrument for the purposes of the Statutory Instruments Act.
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Orders and regulations
12 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.
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Review 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.
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Report
(2) 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).Marginal note:
Tabling of report
(3) 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.
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Review 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.
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Tabling of report
(2) 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.