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42-43 ELIZABETH II
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CHAPTER 27
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An Act to approve, give effect to and declare
valid an agreement between Her Majesty
the Queen in right of Canada and the
Dene of Colville Lake, Déline, Fort Good
Hope and Fort Norman and the Metis of
Fort Good Hope, Fort Norman and
Norman Wells, as represented by the
Sahtu Tribal Council, and to make
related amendments to another Act
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[Assented to 23th June, 1994]
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| Preamble
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WHEREAS the Slavey, Hare and Mountain
Dene of the Sahtu region have traditionally
used and occupied lands in the Northwest
Territories from time immemorial;
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WHEREAS the Constitution Act, 1982
recognizes and affirms the existing aboriginal
and treaty rights of the aboriginal peoples of
Canada;
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WHEREAS Her Majesty the Queen in right of
Canada and the Sahtu Dene and Metis, as
represented by the Sahtu Tribal Council,
undertook negotiations in order to achieve
certainty and clarity of rights with respect to
ownership and use of those lands and their
resources;
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WHEREAS the Sahtu Dene and Metis, by a
vote held from July 5 to 8, 1993, approved a
comprehensive land claim agreement that, in
exchange for the release of certain rights and
claims as set out in the agreement, defines the
rights that the Sahtu Dene and Metis shall
have, and confirms the treaty rights that are
unaffected by that release;
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WHEREAS Her Majesty the Queen in right of
Canada and the Sahtu Dene and Metis, as
represented by the Sahtu Tribal Council,
signed the agreement on September 6, 1993;
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WHEREAS the Sahtu Tribal Council by
resolution approved certain amendments to
the agreement on January 13 and February 11,
1994;
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AND WHEREAS the agreement provides that
the agreement will be a land claims agreement
within the meaning of section 35 of the
Constitution Act, 1982 and that approval by
Parliament is a condition precedent to the
validity of the agreement;
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NOW, THEREFORE, Her Majesty, by and
with the advice and consent of the Senate and
House of Commons of Canada, enacts as
follows:
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| Short title
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1. This Act may be cited as the Sahtu Dene
and Metis Land Claim Settlement Act.
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| Definition of
``Agreement''
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2. In this Act, ``Agreement'' means the
Comprehensive Land Claim Agreement
between Her Majesty the Queen in right of
Canada and the Sahtu Dene and Metis, as
represented by the Sahtu Tribal Council,
signed on September 6, 1993 and tabled in the
House of Commons by the Minister of Indian
Affairs and Northern Development on
March 8, 1994, including any amendments
made to it from time to time.
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| Binding on
Her Majesty
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3. This Act is binding on Her Majesty in
right of Canada or a province.
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| Agreement
given effect
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4. (1) The Agreement is hereby approved,
given effect and declared valid.
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| Rights and
obligations
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(2) For greater certainty, any person or body
may exercise 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.
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| Title to lands
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(3) For greater certainty, title to lands vests
in one or more designated Sahtu organizations
as provided in the Agreement.
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| Renewable
Resources
Board
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5. 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.
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| Orders and
regulations
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6. The Governor in Council may make such
orders and regulations as are necessary for the
purpose of carrying out the Agreement.
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| Publication of
Agreement
and
amendments
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7. The Minister of Indian Affairs and
Northern Development shall cause a certified
copy of the Agreement and of any
amendments made to it to be deposited in
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(a) the library of the Department of Indian
Affairs and Northern Development that is
situated in the National Capital Region;
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(b) the regional office of the Department of
Indian Affairs and Northern Development
situated in the Northwest Territories;
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(c) the legislative library of the Government
of the Northwest Territories; and
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(d) such other places as the Minister
considers necessary.
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| Inconsistency
or conflict
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8. Where there is an 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.
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| Settlement
corporations
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9. A charter may be granted under
subsection 154(1) of the Canada
Corporations Act establishing a settlement
corporation within the meaning of the
Agreement to carry on, with pecuniary gain to
its members, the activities permitted by the
Agreement.
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| Payments out
of C.R.F.
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10. There shall be paid out of the
Consolidated Revenue Fund such sums as are
required to meet the monetary obligations of
Canada under chapters 8 and 10 of the
Agreement.
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| 1992, c. 53
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11. The heading before section 8 of the
Gwich'in Land Claim Settlement Act is
replaced by the following:
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12. The Act is amended by adding the
following after section 8:
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| Settlement
corporations
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8.1 A charter may be granted under
subsection 154(1) of the Canada
Corporations Act establishing a settlement
corporation within the meaning of the
Agreement to carry on, with pecuniary gain to
its members, the activities permitted by the
Agreement.
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| Coming into
force
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13. (1) Subject to subsection (2), this Act
comes into force on the later of April 1, 1994
and the day on which it is assented to.
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| Idem
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(2) Sections 11 and 12 are deemed to have
come into force on December 22, 1992.
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