Law-Making Powers. A First Nation governing its lands under a Land Code will have the power to make laws in respect of the development, conservation, protection, management, use and possession of First Nation land. The Land Code does not authorize laws relating to the taxation of real or personal property. Such laws must be made separately pursuant to section 83 of the Indian Act. The First Nation’s Council can also continue to make by-laws under section 81 of the Indian Act.
Law-Making Powers. 7.4.1 The Tåîchô Government has the power to enact laws in relation to
(a) the structure of the Tåîchô Government and its internal management; and
(b) the management and exercise of rights and benefits provided under the Agreement to Tåîchô Citizens, to the Tåîchô First Nation or to the Tåîchô Government including those related to harvesting of wildlife, plants and trees.
7.4.2 The Tåîchô Government has the power to enact laws in relation to the use, management, administration and protection of Tåîchô lands and the renewable and non-renewable resources found thereon, including, for greater certainty, laws respecting
(a) the granting of interests in Tåîchô lands and the expropriation of such interests by the Tåîchô Government;
(b) land use plans for Tåîchô lands;
(c) businesses, occupations and activities of a local nature on Tåîchô lands;
(d) the control or prohibition of the transport, sale, manufacture, possession or use of weapons and dangerous substances on Tåîchô lands;
(e) the control or prohibition of the transport, sale, possession or use of intoxicants on Tåîchô lands; and
(f) the requirement for an authorization from the Wek’èezhìi Land and Water Board for use of Tåîchô lands where legislation provides an exemption from such a requirement.
7.4.3 The Tåîchô Government has the power to enact laws in relation to the following matters:
(a) who may harvest fish in waters on Tåîchô lands;
(b) which Tåîchô Citizens may harvest fish in Môwhì Gogha Dè Nîîtåèè;
(c) use of waters on Tåîchô lands to promote fishery opportunities or activities such as aquaculture, fish stocking, fish hatcheries, trophy fish harvesting or catch and release fishing;
(d) limits, other than total allowable harvest levels, on any species or stock of fish which may be harvested,
(i) by any person, in waters on Tåîchô lands, and
(ii) by Tåîchô Citizens in Môwhì Gogha Dè Nîîtåèè;
(e) limits on when fish harvesting may occur, including non-quota limitations such as limits on location, methods, quantities and seasons,
(i) in relation to any person, in waters on Tåîchô lands, and
(ii) in relation to Tåîchô Citizens, in Môwhì Gogha Dè Nîîtåèè;
(f) restrictions on the type of equipment or gear that may be used for fish harvesting, including methods of use and identification of gear and harvested fish (i) by any person, in waters on Tåîchô lands, and
Law-Making Powers. The Treaty One First Nations jointly managing their Treaty One lands under the Treaty One Joint Reserve Land Codes will have the power to make laws in respect of the development, conservation, protection, management, use and possession of the Treaty One Lands. Treaty One Joint Reserve Land Codes do not authorize laws relating to the taxation of real or personal property. Such laws must be made separately pursuant to section 83 of the Indian Act or pursuant to the First Nations Fiscal Management Act. The Treaty One First Nations can continue to make by-laws under section 81 of the
Law-Making Powers. The Final Agreement contains law-making powers for matters related to lands, resources, and other areas of governance. Tla’amin Nation areas of authority include the delivery of health services, education, land management and public works. Federal and provincial laws apply on Tla’amin Lands. In matters where Tla’amin Na- tion has law-making authority, the Final Agreement sets out which law prevails if a Tla’amin Law conflicts with a federal or provincial law. In areas related to internal mat- ters, Tla’amin Laws will have priority over conflicting federal and provincial laws. Examples include government administra- tion, governance of Tla’amin Lands, Tla’amin Nation assets on these lands, and Tla’amin citizenship. In other areas, federal and provincial laws will prevail over Tla’amin Laws to the extent of any conflict. Tla’amin Lands form part of the Xxxxxx River Regional Hospital District and Tla’amin Nation will appoint an elected member of Tla’amin Govern- ment to sit as a director on the board. Tla’amin Lands do not form part of any municipality or electoral area, and do not form part of any regional district. Tla’amin Nation is responsible for managing its intergovern- mental relations with local governments, and may enter into agreements with local governments for the provision and delivery of services. Residents on Tla’amin Lands who are not Tla’amin Citizens may participate in decision-making processes of a Tla’amin public institution, such as a school or health board, if the activities of that institution directly affect them. The Tla’amin Government will establish a process for consul- tation and public involvement in land use and development planning as set out in its Con- stitution.
Law-Making Powers. 18.1 The council of a First Nation with a land code in force will have the power to make laws, in accordance with its land code, respecting the development, conservation, protection, management, use and possession of First Nation land and interests or land rights and licences in relation to that land. This includes laws on any matter necessary or ancillary to the making of laws in relation to First Nation land.
18.2 The following examples illustrate some of the First Nation laws contemplated by the Parties:
(a) laws on the regulation, control and prohibition of zoning, land use, subdivision control and land development;
(b) laws on the creation, regulation and prohibition of interests or land rights and licences in relation to First Nation land;
(c) laws on environmental assessment and protection;
(d) laws on the provision of local services in relation to First Nation land and the imposition of equitable user charges; and
(e) laws on the provision of services for the resolution, outside the courts, of disputes in relation to First Nation land.
18.3 A First Nation with a land code in force has the power to make First Nation laws that apply during a conjugal relationship, when that relationship breaks down or on the death of a spouse or common-law partner, respecting:
(a) use, occupation and possession of family homes on its First Nation land;
(b) the division of the value of any interests or land rights held by spouses or common-law partners in or to structures and lands on its First Nation land; and
(c) the period of cohabitation in a conjugal relationship to qualify as a common–law partner.
18.4 First Nation laws made pursuant to sub-clause 18.3 may include provisions for:
(a) administering those laws;
(b) despite subsection 89(1) of the Indian Act, provisions for enforcing, on First Nation land, an order of a court or a decision made or an agreement reached under those laws; and
(c) procedures for amendment and repeal of those laws.
18.5 The council of a First Nation will provide, to the Attorney General of any province or territory in which its First Nation land is situated, notice of its intent to make laws pursuant to sub-clause 18.3 and, upon enactment, provide a copy of those laws to the Attorney General.
18.6 The council of a First Nation with a land code in force will have the power to make laws providing for limits on liability, defences and immunities to any person or entity in respect of any act or omission occurring in the exercise of a power ...
Law-Making Powers. 5.1. The Xxxxxx Métis Nation has the power to enact laws in relation to the administration of Xxxxxx Métis Nation affairs and operation and internal management of the Xxxxxx Métis Nation;
5.2. The Xxxxxx Métis Nation shall have the power to enact laws respecting:
5.2.1. interests or rights in and licences in relation to Xxxxxx Métis Nation Land;
5.2.2. the development, conservation, protection, management, use and possession of Xxxxxx Métis Nation Land,
5.2.3. the expropriation Xxxxxx Métis Nation Land by the Xxxxxx Métis Nation for Xxxxxx Métis Nation purposes;
5.2.4. limits on the liability of, defences and immunities for, any person or body in respect of an omission occurring in the exercise of a power or the performance of a duty or function under a Xxxxxx Métis Nation Law;
5.2.5. to provide for the health of Members the spreading of on Xxxxxx Métis Nation Lands and to prevent of contagious and infectious diseases;
5.2.6. the removal and punishment of persons trespassing on Xxxxxx Métis Nation Lands or frequenting the Xxxxxx Métis Nation Lands for a prohibited purpose;
5.2.7. the prevention of overcrowding of residences or other buildings or structures on Xxxxxx Métis Nation Lands;
5.2.8. curfews, prevention of disorderly conduct and control or prohibition of nuisances;
5.2.9. control or prohibition of the transport, sale, exchange, manufacture, supply, possession or consumption of intoxicants; and
5.2.10. any matter ancillary to the exercise of the power to enact laws under paragraphs 5.2.1 to 5.2.9;
5.3. Without restricting the generality of Clause 5.2, Xxxxxx Métis Nation Laws may include laws respecting
5.3.1. the regulation, control or prohibition of land use and development including zoning and subdivision control;
5.3.2. the creation, acquisition and granting of interests or rights in and licences in relation to Xxxxxx Métis Nation Land and prohibitions in relation thereto;
5.3.3. environmental assessment and environmental protection;
5.3.4. the provision of local services in relation to Xxxxxx Métis Nation Land and the imposition of equitable user charges for those services; and
5.3.5. the provision of services for the resolution of disputes in relation to Xxxxxx Métis Nation Land.
Law-Making Powers. 6.4.1 In addition to its other powers, as set out in the Dehcho Agreement, the Dehcho Government has the exclusive33 jurisdiction to enact laws in relation to
a) the structure of the Dehcho Government and its internal management; and
b) the management and exercise of rights and benefits provided under the Dehcho Agreement to Dehcho Citizens, to the Dehcho First Nations or to the Dehcho Government, including those relating to the harvesting of Wildlife, Fish, Migratory Birds, Plants and Trees;34 35and
c) any matters ancillary to (a) or (b).
6.4.2 In addition to its other powers, as set out in the Dehcho Agreement the Dehcho Government has the power to enact laws in relation to
a) the identification of Dehcho Citizens;
b) the control or prohibition of the transport, sale, manufacture, possession or use of weapons and dangerous substances on Dehcho Ndehe;
c) the control or prohibition of the transport, sale, possession or use of Liquor or other Legal Intoxicants36 on Dehcho Ndehe;
d) protections for the human rights and civil rights of Dehcho Citizens and Dehcho Residents, and for other individuals to whom Dehcho laws apply, by way of rights and freedoms no less than those set out in the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act and the NWT Human Rights Act; and
Law-Making Powers. 18.1 The council of a First Nation with a land code in effect force will have the power to make laws, in accordance with its land code, respecting the development, conservation, protection, management, use and possession of First Nation land and interests or land rights and licences in relation to that land. This includes laws on any matter necessary or ancillary to the making of laws in relation to First Nation land.
18.2 The following examples illustrate some of the First Nation laws contemplated by the Parties:
(a) laws on the regulation, control and prohibition of zoning, land use, subdivision control and land development;
(b) laws on the creation, regulation and prohibition of interests or land rights and licences in relation to First Nation land;
(c) laws on environmental assessment and protection;
(d) laws on the provision of local services in relation to First Nation land and the imposition of equitable user charges; and
(e) laws on the provision of services for the resolution, outside the courts, of disputes in relation to First Nation land.
Law-Making Powers. 18.1 The council of a First Nation with a land code in will have the power to make laws, in accordance with its land code, respecting the development, conservation, protection, management, use and possession of First Nation land and interests or land rights and licences in relation to that land. This includes laws on any matter necessary or ancillary to the making of laws in relation to First Nation land.
18.2 The following examples illustrate some of the First Nation laws contemplated by the Parties: [FOREIGNERS]
(a) laws on the regulation, control and prohibition of zoning, land use, subdivision control and land development;
Law-Making Powers. 6.4.1 In addition to its other powers, as set out in the Dehcho Agreement, the Dehcho Government has the exclusive27 jurisdiction to enact laws in relation to
a) the structure of the Dehcho Government and its internal management; and
b) the management and exercise of rights and benefits provided under the Dehcho Agreement to Dehcho Citizens, to the Dehcho First Nations or to the Dehcho Government, including those relating to the harvesting of Wildlife, Fish, Migratory Birds, Plants and Trees;28 29and
c) any matters ancillary to (a) or (b).
6.4.2 In addition to its other powers, as set out in the Dehcho Agreement the Dehcho Government has the power to enact laws in relation to
a) the identification of Dehcho Citizens;
b) licensing of businesses, business activities, and Persons engaged in business of a local nature on Dehcho Ndehe;
c) the control or prohibition of the transport, sale, manufacture, possession or use of weapons and dangerous substances on Dehcho Ndehe;
d) the control or prohibition of the transport, sale, possession or use of Liquor or other Legal Intoxicants30 on Dehcho Ndehe; and
e) protections for the human rights and civil rights of Dehcho Citizens and Dehcho Residents, and for other individuals to whom Dehcho laws apply, by way of rights and freedoms no less than those set out in the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act and the NWT Human Rights Act; and
f) trusts.31
6.4.3 For greater certainty, the authority of the Dehcho Government to make laws in respect of a subject matter as set out in the Dehcho Agreement includes the authority to make laws and do other things as may be necessarily incidental to exercising that authority.
6.4.4 Within 120 days of the Effective Date the Dehcho Government will enact a Dehcho Law providing for the issuance of identification cards that can be used to identify Dehcho Citizens while they are exercising their rights under the Dehcho Agreement. The Dehcho Government will use best efforts to issue such identification cards within a year of the law being passed.