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| This Act is current to November 22, 2023 | |||
| See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force. |
Despite the above date, the Schedule to the Act, including the Map of Nisg̱a'a Lands and the Appendices, is current to May 11, 2000. See "Amending Agreements" for amendments to the Schedule.
WHEREAS the reconciliation between the prior presence of aboriginal peoples and the assertion of sovereignty by the Crown is of significant social and economic importance to all British Columbians;
AND WHEREAS Canadian courts have stated that this reconciliation is best achieved through negotiation and agreement, rather than through litigation or conflict;
AND WHEREAS the Nisg̱a'a Nation, Canada and British Columbia have negotiated the Nisg̱a'a Final Agreement to achieve this reconciliation, and to establish a new relationship among them;
AND WHEREAS the Nisg̱a'a Final Agreement requires that British Columbia enact settlement legislation to give effect to the Nisg̱a'a Final Agreement;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 (1) In this Act, "Nisg̱a'a Final Agreement" means the Nisg̱a'a Final Agreement among the Nisg̱a'a Nation, Her Majesty the Queen in right of Canada and Her Majesty the Queen in right of British Columbia set out in the Schedule and includes
(a) that agreement as it is given effect by an Act of Canada, and
(b) amendments made in accordance with that agreement.
(2) If a word or expression used in this Act is defined in the Nisg̱a'a Final Agreement, the word or expression has the same meaning in this Act as in the Nisg̱a'a Final Agreement, unless the context requires otherwise.
Part 1 — Settlement Legislation
2 The Nisg̱a'a Final Agreement is a treaty and a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.
3 (1) The Nisg̱a'a Final Agreement is approved, given effect, declared valid and has the force of law.
(2) Without limiting subsection (1), a person or body has the powers, rights, privileges and benefits conferred on the person or body by the Nisg̱a'a Final Agreement and must perform the duties and is subject to the liabilities imposed on the person or body by the Nisg̱a'a Final Agreement.
(3) Nothing in this Act that makes provision for a matter that is already provided for in the Nisg̱a'a Final Agreement in any way limits this section.
4 The Lieutenant Governor in Council may authorize a member of the Executive Council to sign the Nisg̱a'a Final Agreement.
5 The Nisg̱a'a Final Agreement is binding on, and can be relied on by, all persons.
(2) The Nisg̱a'a Nation owns the estate in fee simple, as set out in the Lands Chapter of the Nisg̱a'a Final Agreement, in the following lands:
(a) the Nisg̱a'a Lands identified in paragraphs 1 and 2 of the Lands Chapter of the Nisg̱a'a Final Agreement;
6.1 (1) In this section, "Taxation Agreement" means the Taxation Agreement, referred to in paragraphs 21 to 23 of the Taxation Chapter of the Nisg̱a'a Final Agreement, which agreement was tabled in the Legislative Assembly on November 30, 1998, and includes an amendment to the Taxation Agreement, made in accordance with the terms of the Taxation Agreement, if the amending agreement setting out the amendment
(a) is substantially in the form approved by the Lieutenant Governor in Council, and
(b) has been signed by the parties and published under subsection (5).
(2) The Taxation Agreement continues in effect and remains valid and its provisions have the force of law during the period they are in effect.
(3) The minister charged with the administration of the Financial Administration Act is authorized to enter into an agreement amending the Taxation Agreement and may sign the amending agreement before or after it has been approved by the Lieutenant Governor in Council.
(4) As provided in paragraphs 21 and 22 of the Taxation Chapter of the Nisg̱a'a Final Agreement, the Taxation Agreement does not form part of the Nisg̱a'a Final Agreement and is not a treaty or land claims agreement within the meaning of section 25 or 35 of the Constitution Act, 1982.
(5) The minister must publish in the Gazette the Taxation Agreement and any agreement amending the Taxation Agreement.
7 (1) The minister responsible for fisheries has the authority, on behalf of Her Majesty the Queen in right of British Columbia, to enter into the Harvest Agreement described in the Fisheries Chapter of the Nisg̱a'a Final Agreement.
(2) The Harvest Agreement does not form part of the Nisg̱a'a Final Agreement and it is not a treaty or land claims agreement within the meaning of section 25 or 35 of the Constitution Act, 1982.
8 (1) If, in any judicial or administrative proceeding, an issue arises in respect of
(a) the interpretation or validity of the Nisg̱a'a Final Agreement, or
(b) the validity or applicability of any settlement legislation or any Nisg̱a'a law
the issue must not be decided until the party to the proceeding raising the issue has properly served notice on the Attorney General of British Columbia, the Attorney General of Canada and the Nisg̱a'a Lisims Government.
(2) The notice required under subsection (1) must
(a) describe the judicial or administrative proceeding in which the issue arises,
(b) state whether the issue arises in respect of the matters referred to in subsection (1) (a) or (b) or both,
(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 notice.
(3) In any judicial or administrative proceeding to which subsection (1) applies, the Attorney General of British Columbia, the Attorney General of Canada and the Nisg̱a'a Lisims Government may appear and participate in the proceeding as parties with the same rights as any other party to the proceeding.
(4) The Judicial Review Procedure Act applies to an application for judicial review under the following provisions of the Nisg̱a'a Final Agreement as if the decision under review were made pursuant to a statutory power of decision as defined in that Act:
(a) paragraph 17 of the Nisg̱a'a Government Chapter;
9 The Lieutenant Governor in Council may make orders and regulations that the Lieutenant Governor in Council considers necessary or advisable for the purpose of carrying out any of the provisions of the Nisg̱a'a Final Agreement.
10 (1) The Lieutenant Governor in Council may authorize any member of the Executive Council, on behalf of Her Majesty the Queen in right of British Columbia, to enter into an agreement that is contemplated by the Nisg̱a'a Final Agreement.
(2) Subsection (1) does not apply to the Harvest Agreement referred to in section 7 or to agreements referred to in section 43 of the Environmental Assessment Act.
Part 2 — Real Property Taxation
10.01 In this Part:
"improvements" has the same meaning as in the Assessment Act;
"land" has the same meaning as in the Assessment Act;
"Nisg̱a'a land registry" means a land registry that is part of the land title or land registry system established by the Nisg̱a'a Lisims Government under paragraph 50 of the Nisg̱a'a Government Chapter of the Nisg̱a'a Final Agreement;
"non-citizen" means a person who is not a Nisg̱a'a citizen;
"property tax agreement" means the Real Property Tax Co-ordination Agreement, dated for reference July 31, 2014, between Her Majesty the Queen in right of the Province of British Columbia and the Nisg̱a'a Nation, including Schedules A and B attached to the Real Property Tax Co-ordination Agreement and any amendments to the Real Property Tax Co-ordination Agreement that are made in accordance with its terms and published under section 10.07;
"Provincial Requisitioning Authority" has the same meaning as in the property tax agreement;
"real property" means land or improvements, or both, located within Nisg̱a'a Lands or an interest in land or improvements, or both, located within Nisg̱a'a Lands;
"real property taxes" means taxes imposed on the basis of the value of real property.
10.02 Without limiting any provision of this Act, the Nisg̱a'a Lisims Government may, by law, in accordance with the terms of the property tax agreement,
(a) impose real property taxes on non-citizens, in respect of their interests in real property, and
10.03 Interests in real property are exempt from taxes under
(a) the School Act, and
(b) except to the extent provided in Article 5.8 of the property tax agreement, the Taxation (Rural Area) Act.
10.031 (1) The Nisg̱a'a Lisims Government may, by law, provide exemptions for Nisg̱a'a citizens from real property taxes imposed or collected by the government or by the Nisg̱a'a Lisims Government in relation to the ownership or occupation of real property.
(2) A law enacted under subsection (1) does not apply in respect of real property taxes imposed for a taxation year unless the law comes into force on or before October 31 in the preceding calendar year.
10.04 If the Nisg̱a'a Lisims Government imposes a real property tax specifically for the purpose of collecting the amount required to pay a requisition from a Provincial Requisitioning Authority and, under the enactment authorizing the requisition, if the requisition were received by a municipality, the municipality would be entitled to an administration fee for collecting tax to pay the requisition, the Nisg̱a'a Lisims Government is entitled to an administration fee in an amount determined as if the requisition had been received by a municipality.
10.05 In accordance with the property tax agreement, the minister charged with the administration of the Financial Administration Act may pay to the Nisg̱a'a Nation for a taxation year, from amounts appropriated for the purpose, the amount described as the "Excess Amount" in Article 12.3 of the property tax agreement.
10.06 The Municipal Finance Authority Act does not apply in relation to Nisg̱a'a Lands.
10.07 The minister must publish in the Gazette
(a) the property tax agreement, and any amendment to it, and
(b) if the property tax agreement is terminated in accordance with its terms, notice of the termination.
10.08 Section 5 of the Offence Act does not apply in relation to this Part.
70 This Act, except section 4, comes into force by regulation of the Lieutenant Governor in Council.
Contents | Sections 1-70 | Schedule - Table of Contents | Preamble | Chapter 1 | Chapter 2 | Chapter 3 | Chapter 4 | Chapter 5 | Chapter 6 | Chapter 7 | Chapter 8 | Chapter 9 | Chapter 10 | Chapter 11 | Chapter 12 | Chapter 13 | Chapter 14 | Chapter 15 | Chapter 16 | Chapter 17 | Chapter 18 | Chapter 19 | Chapter 20 | Chapter 21 | Chapter 22 | Schedule - Map of Nisg̱a'a Lands | Appendix - Contents | Appendix - Introduction | Appendix A | Appendix B | Appendix C | Appendix D | Appendix E | Appendix F | Appendix G | Appendix H | Appendix I | Appendix J | Appendix K | Appendix L | Appendix M
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