Common use of Law-Making Powers Clause in Contracts

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. 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 fish (i) by any person, in waters on Tåîchô lands, and (ii) in relation to Tåîchô Citizens, in Môwhì Gogha Dè Nîîtåèè; (g) identification designating (i) any person who is authorized to harvest fish in waters on Tåîchô lands, and (ii) a Tåîchô Citizen who is authorized to harvest fish in Môwhì Gogha Dè Nîîtåèè; (h) identification of fish transported outside Tåîchô lands or Môwhì Gogha Dè Nîîtåèè by Tåîchô Citizens; (i) fish allocations received from the Wek’èezhìi Renewable Resources Board; and (j) other items in regard to fish management as agreed to by the Tåîchô Government and government and confirmed in legislation. 7.4.4 The Tåîchô Government has the power to enact laws in relation to (a) protection of spiritual and cultural beliefs and practices of Tåîchô Citizens and protection and promotion of the Tåîchô language and of the culture of the Tåîchô First Nation; (b) the use of Tåîchô language in operations of the Tåîchô Government and standards for the Tåîchô language; (c) the practice of traditional medicine of Tåîchô Citizens, including the certification of such practitioners; (d) heritage resources on Tåîchô lands or in Tåîchô communities; (e) training by the Tåîchô Government for Tåîchô Citizens; (f) social assistance, including social housing, for Tåîchô Citizens on Tåîchô lands or in a Tåîchô community, provided that such laws provide for standards, including standards for equitable access, portability and availability of appeal mechanisms; (g) child and family services for Tåîchô Citizens on Tåîchô lands or in a Tåîchô community, provided that such laws provide for standards, including standards for the application of the principle of acting in the best interests of the child; (h) guardianship and trusteeship of adult Tåîchô Citizens on Tåîchô lands or in a Tåîchô community, except in relation to persons who are subject to the Mental Health Act, provided that such laws provide for standards, including standards for the application of the principles of natural justice and the promotion of the safety and well-being of those persons; (i) adoption, in the Northwest Territories, by a Tåîchô Citizen of a child who is a Tåîchô Citizen provided that such laws provide for adoption in accordance with the principle of acting in the best interests of the child and are consistent with any territorial legislation of general application requiring consent or notification of a biological parent; (j) education, except post-secondary, for Tåîchô Citizens in Tåîchô communities or on Tåîchô lands, including the teaching of the Tåîchô language and the history and culture of the Tåîchô First Nation but not including the certification of teachers; (k) pre-schooling and early childhood development programs for Tåîchô Citizens in Tåîchô communities or on Tåîchô lands; (l) xxxxx, intestacy and administration of estates of Tåîchô Citizens resident in the Northwest Territories at the time of death; (m) certification of persons to teach the Tåîchô language and the history and culture of the Tåîchô First Nation; (n) solemnization of marriage on Tåîchô lands or in a Tåîchô community, including conditions under which individuals appointed by the Tåîchô Government may solemnize marriages; and (o) provision of services to Tåîchô Citizens by the Tåîchô Government for the resolution of disputes by processes other than courts. 7.4.5 The Tåîchô Government has the power to enact laws for Tåîchô Government purposes in relation to direct taxation of Tåîchô Citizens on Tåîchô lands or in a Tåîchô community. 7.4.6 The powers to enact laws in relation to any of the matters set out in 7.4.1 to 7.4.5 includes the power to enact laws for the enforcement of those laws, including laws (a) establishing powers of search, seizure, arrest and detention; (b) providing for the appointment of enforcement officers and identifying their specific duties; and (c) providing for the imposition of fines, imprisonment or other sanctions of a type authorized by legislation, or for the imposition of other sanctions consistent with the culture and customs of the Tåîchô First Nation.