Notice of Ways and Means Motion to introduce a bill entitled An Act to give effect to the Final Self-Government Agreement for the Tłegǫ́hłı̨ Got'įnę and to make consequential amendments to other Acts

Tłegǫ́hłı̨ Got'įnę Agreement given effect

4. (1) The Tłegǫ́hłı̨ Got'įnę Agreement is approved, given effect and declared valid and has the force of law.

Rights and duties

(2) For greater certainty, a person or entity has the powers, rights, privileges and benefits conferred on the person or entity by the Tłegǫ́hłı̨ Got'įnę Agreement and must perform the duties, and is subject to the liabilities, imposed on the person or entity by the Tłegǫ́hłı̨ Got'įnę Agreement.

Agreement binding

(3) For greater certainty, the Tłegǫ́hłı̨ Got'įnę Agreement is binding on, and may be relied on by, all persons and entities.

Tłegǫ́hłı̨ Got'įnę Agreement prevails

5. (1) Subject to section 6, in the event of an inconsistency or conflict between the Tłegǫ́hłı̨ Got'įnę Agreement and this Act or any other federal law, the Tłegǫ́hłı̨ Got'įnę Agreement prevails to the extent of the inconsistency or conflict.

Act prevails

(2) Subject to section 6, in the event of an inconsistency or conflict between this Act and any other federal law, this Act prevails to the extent of the inconsistency or conflict.

Exception

6. In the event of an inconsistency or conflict between the Sahtu Dene and Metis Land Claim Settlement Act or the Sahtu Agreement and the Tłegǫ́hłı̨ Got'įnę Agreement, this Act or any Tłegǫ́hłı̨ Got'įnę law, the Sahtu Dene and Metis Land Claim Settlement Act or the Sahtu Agreement prevails to the extent of the inconsistency or conflict.

Capacity of natural person

7. The Tłegǫ́hłı̨ Got'įnę Government is a legal entity and has the capacity, rights, powers and privileges of a natural person.

Force of law

8. Any Tłegǫ́hłı̨ Got'įnę law that is made in accordance with the Tłegǫ́hłı̨ Got'įnę Agreement has the force of law.

Indian Act

9. Subject to 2.9 of the Tłegǫ́hłı̨ Got'įnę Agreement, the Indian Act does not apply to the Tłegǫ́hłı̨ Got'įnę Government or any citizen, within the meaning of 1.1 of the Tłegǫ́hłı̨ Got'įnę Agreement, as of the day on which section 4 comes into force.

Statutory Instruments Act

10. A Tłegǫ́hłı̨ Got'įnę law is not a statutory instrument for the purposes of the Statutory Instruments Act.

Tłegǫ́hłı̨ Got'įnę Tax Treatment Agreement

11. The Tłegǫ́hłı̨ Got'įnę Tax Treatment Agreement is approved, given effect and declared valid and has the force of law during the period that it is in effect.

Clarification

12. The Tłegǫ́hłı̨ Got'įnę Tax Treatment Agreement does not form part of the Tłegǫ́hłı̨ Got'įnę Agreement, and it is not a treaty or a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.

Judicial notice – Agreements

13. (1) Judicial notice must be taken of the Tłegǫ́hłı̨ Got'įnę Agreement and the Tłegǫ́hłı̨ Got'įnę Tax Treatment Agreement.

Publication

(2) The Tłegǫ́hłı̨ Got'įnę Agreement and the Tłegǫ́hłı̨ Got'įnę Tax Treatment Agreement must be published by the King's Printer.

Evidence

(3) A copy of the Tłegǫ́hłı̨ Got'įnę Agreement or the Tłegǫ́hłı̨ Got'įnę Tax Treatment Agreement published by the King's Printer is evidence of that agreement and of its contents, and a copy purporting to be published by the King's Printer is presumed to be so published unless the contrary is shown.

Judicial notice – Tłegǫ́hłı̨ Got'įnę law

14. (1) Judicial notice must be taken of any Tłegǫ́hłı̨ Got'įnę law that is registered in the public register referred to in 8.9 or 30.9 of the Tłegǫ́hłı̨ Got'įnę Agreement.

Evidence

(2) A copy of any Tłegǫ́hłı̨ Got'įnę law purporting to be deposited in the public register referred to in 8.9 or 30.9 of the Tłegǫ́hłı̨ Got'įnę Agreement is evidence of that law and of its contents, unless the contrary is shown.

Federal Courts Act

15. (1) The Tłegǫ́hłı̨ Got'įnę Government and its institutions are not federal boards, commissions or other tribunals as defined in subsection 2(1) of the Federal Courts Act.

Jurisdiction  – Supreme Court of Northwest Territories

(2) The Supreme Court of the Northwest Territories has exclusive original jurisdiction to hear and determine applications for judicial review of the decisions of the Tłegǫ́hłı̨ Got'įnę Government or its institutions, provided that all appeal and review mechanisms set out in Tłegǫ́hłı̨ Got'įnę law have been exhausted.

Definition of institutions

(3) In this section, institutions has the meaning assigned by the definition Institutions of the Tłegǫ́hłı̨ Got'įnę Government in 1.1 of the Tłegǫ́hłı̨ Got'įnę Agreement.

Notice of issues arising

16. (1) If an issue arises in any judicial or administrative proceeding in respect of the interpretation, validity or applicability of the Tłegǫ́hłı̨ Got'įnę Agreement, of this Act, of the Act of the legislature of the Northwest Territories that gives effect to the Tłegǫ́hłı̨ Got'įnę Agreement or of any Tłegǫ́hłı̨ Got'įnę law, then the issue must not be decided until the party raising it has served notice on the Attorney General of Canada, the Attorney General of the Northwest Territories and the Tłegǫ́hłı̨ Got'įnę Government.

Content and timing

(2) The notice must describe the proceeding, state the issue and the day on which it is to be argued, give the particulars that are necessary to show the point to be argued and, unless the court or tribunal authorizes a shorter period, be served at least 14 days before the day on which the issue is to be argued.

Participation in proceeding

(3) The Attorney General of Canada, the Attorney General of the Northwest Territories and the Tłegǫ́hłı̨ Got'įnę Government may appear and participate in the proceeding as parties with the same rights as any other party.

Clarification

(4) For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required.

Retroactive effect

17. Despite subsection 4(1), 2.7 and chapter 7 of the Tłegǫ́hłı̨ Got'įnę Agreement are deemed to have effect as of November 20, 2024.

Orders and regulations

18. The Governor in Council may make any orders and regulations that the Governor in Council considers necessary for the purpose of carrying out the Tłegǫ́hłı̨ Got'įnę Agreement – including to set the Effective Date and Transition Date – or of any other agreement that is related to its implementation.

Access to Information Act

19. Subsection 13(3) of the Access to Information Act is amended by adding the following after paragraph (c):

(c.1) the Tłegǫ́hłı̨ Got'įnę Government, as defined in section 2 of the Final Self-Government Agreement for the Tłegǫ́hłı̨ Got'įnę Act;

R.S., c. M-13; 2000, c. 8, s. 2

Payments in Lieu of Taxes Act

20. The definition taxing authority in subsection 2(1) of the Payments in Lieu of Taxes Act is amended by adding the following after paragraph (g.1):

(g.2) the Tłegǫ́hłı̨ Got'įnę Government, as defined in section 2 of the Final Self-Government Agreement for the Tłegǫ́hłı̨ Got'įnę Act, if it levies and collects a real property tax or a frontage or area tax in respect of lands within Tłegǫ́hłı̨, as described in schedule B of the Final Self-Government Agreement for the Tłegǫ́hłı̨ Got'įnę that is approved, given effect and declared valid by that Act,

R.S., c. P-21

Privacy Act

21. Subsection 8(7) of the Privacy Act is amended by adding the following after paragraph (c):

(c.1) the Tłegǫ́hłı̨ Got'įnę Government, as defined in section 2 of the Final Self-Government Agreement for the Tłegǫ́hłı̨ Got'įnę Act;

22. Subsection 19(1) of the Act is amended by striking out "or" at the end of paragraph (f), by adding "or" at the end of paragraph (g) and by adding the following after paragraph (g):

(h) the Tłegǫ́hłı̨ Got'įnę Government, as defined in section 2 of the Final Self-Government Agreement for the Tłegǫ́hłı̨ Got'įnę Act.

1998, c. 25

Mackenzie Valley Resource Management Act

23. (1) The definition local government in section 2 of the Mackenzie Valley Resource Management Act is replaced by the following:

local government means any local government established under the laws of the Northwest Territories, including a city, town, village, hamlet, charter community, settlement or government of a Tlicho community, whether incorporated or not, and includes the territorial government in the case where it is acting in the place of that local government in accordance with those laws. It also includes the Déline Got'ine Government in the case where it is exercising the jurisdiction and authority set out in 9.1 of the Déline Agreement and the Tłegǫ́hłı̨ Got'įnę Government in the case where it is exercising the jurisdiction and authority set out in 47.1 of the Tłegǫ́hłı̨ Got'įnę Agreement. (administration locale)

(2) The definition Sahtu First Nation in section 2 of the Act is replaced by the following:

Sahtu First Nation means the Sahtu Dene and Metis as represented by The Sahtu Secretariat Incorporated, a corporation without share capital under Part roman numeral 2II of the Canada Corporations Act, R.S.C. 1970, c. C-32, being the successor, for the purposes of this Act, to the Sahtu Tribal Council referred to in the Sahtu Agreement, or by any successor to that corporation. It also includes the Déline Got'ine Government and the Tłegǫ́hłı̨ Got'įnę Government in the case where The Sahtu Secretariat Incorporated or its successor has made a delegation or assignment to those governments of any powers and functions conferred under this Act. (première nation du Sahtu)

(3) Section 2 of the Act is amended by adding the following in alphabetical order:

Tłegǫ́hłı̨ Got'įnę Agreement means the Final Self-Government Agreement for the Tłegǫ́hłı̨ Got'įnę among The Tlegohli Got'ine Government Incorporated and the Governments of Canada and the Northwest Territories, signed on September 18, 2025, including any amendments made to it, that is approved, given effect and declared valid by the Final Self-Government Agreement for the Tłegǫ́hłı̨ Got'įnę Act. (accord des Tłegǫ́hłı̨ Got’įnę)

Tłegǫ́hłı̨ Got'įnę Government has the same meaning as in 1.1 of the Tłegǫ́hłı̨ Got'įnę Agreement. (gouvernement des Tłegǫ́hłı̨ Got’įnę)

Tłegǫ́hłı̨ Got'įnę law has the meaning assigned by the definition Tłegǫ́hłı̨ Got'įnę Law in 1.1 of the Tłegǫ́hłı̨ Got'įnę Agreement. (loi des Tłegǫ́hłı̨ Got’įnę)

Tłegǫ́hłı̨ Got'įnę Settlement Lands means the lands set out in schedule C to the Tłegǫ́hłı̨ Got'įnę Agreement. (terres désignées des Tłegǫ́hłı̨ Got'įnę)

24. Section 4 of the Act is amended by adding the following after subsection (5):

Delegation by Tłegǫ́hłı̨ Got'įnę Government

(6) The Tłegǫ́hłı̨ Got'įnę Government may, in conformity with the Tłegǫ́hłı̨ Got'įnę Agreement, delegate any of its functions under this Act to

1. a body or office established by a Tłegǫ́hłı̨ Got'įnę law;
2. a department, agency or office of the federal or the territorial government;
3. a board or other public body established by or under an Act of Parliament or by a territorial law; or
4. any other legal entity.

25. Subsection 5(1) of the Act is replaced by the following:

Conflict

5. (1) If there is any inconsistency or conflict between this Act and a land claim agreement, the Déline Agreement, the Tłegǫ́hłı̨ Got'įnę Agreement, an Act giving effect to any of those agreements or the Indian Act, then the land claim agreement, the Déline Agreement, the Tłegǫ́hłı̨ Got'įnę Agreement, the Act or the Indian Act prevails over this Act to the extent of the inconsistency or conflict.

26. Subsection 8(1) of the Act is replaced by the following:

Consultation

8. (1) The federal Minister shall consult the first nations, the Tlicho Government, the Déline Got'ine Government and the Tłegǫ́hłı̨ Got'įnę Government with respect to the amendment of this Act.

27. Subsection 16(2) of the Act is replaced by the following:

Status or entitlements under agreement

(2) A member of a board is not placed in a material conflict of interest merely because of any status or entitlement conferred on the member under the Gwich'in Agreement, the Sahtu Agreement, the Tlicho Agreement or any other agreement between a first nation and His Majesty in right of Canada for the settlement of a claim to lands or under the Déline Agreement or the Tłegǫ́hłı̨ Got'įnę Agreement.

28. Section 22 of the Act is replaced by the following:

Government information

22. Subject to any other federal or territorial law and any Tlicho law, Déline law or Tłegǫ́hłı̨ Got'įnę law, a board may obtain from any department or agency of the federal or territorial government, the Tlicho Government, Déline Got'ine Government or Tłegǫ́hłı̨ Got'įnę Government any information in the possession of the department, agency, Tlicho Government, Déline Got'ine Government or Tłegǫ́hłı̨ Got'įnę Government that the board requires for the performance of its functions.

29. Subsection 31(1) of the Act is replaced by the following:

Statutory Instruments Act

31. (1) Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of rules under section 30, a land use plan or amendment to a land use plan under Part 2, rules under subsection 49(2), policy directions under subsection 50.1(1) or 83(1), (2), (2.1) or (2.2), guidelines or policies under section 65, directions under section 106, policy directions under section 109 or 109.1 or subsection 142.2(1) or guidelines under section 120.

30 Section 63 of the Act is amended by adding the following after subsection (5):

Consultation with Tłegǫ́hłı̨ Got'įnę Government

(6) The Sahtu Land and Water Board shall consult the Tłegǫ́hłı̨ Got'įnę Government before issuing, amending or renewing any licence, permit or authorization for a use of Tłegǫ́hłı̨ Got'įnę Settlement Lands or waters on those lands or a deposit of waste on those lands or in those waters.

31. (1) Section 83 of the Act is amended by adding the following after subsection (1.1): Notice to Tłegǫ́hłı̨ Got'įnę Government

(1.2) The federal Minister shall inform the Tłegǫ́hłı̨ Got'įnę Government of the Minister's intention to give written policy directions to the Sahtu Land and Water Board, if the policy directions are in relation to the use of land or waters or the deposit of waste in the area described in schedule A to the Tłegǫ́hłı̨ Got'įnę Agreement.

(2) Section 83 of the Act is amended by adding the following after subsection (2.1):

Policy directions by Tłegǫ́hłı̨ Got'įnę Government

(2.2) The Tłegǫ́hłı̨ Got'įnę Government may, after consultation with the Sahtu Land and Water Board and the federal Minister, give written policy directions to the Board with respect to the performance of any of the Board's functions under this Part in relation to the use of Tłegǫ́hłı̨ Got'įnę Settlement Lands. Policy directions are binding on the Board to the extent that compliance with them does not require the Board to exceed its approved budget.

(3) Subsection 83(5) of the Act is replaced by the following:

Conflict between policy directions

(5) If there is a conflict between policy directions given by the federal Minister under subsection (1) and policy directions given by the Tlicho Government under subsection (2), by the Déline Got'ine Government under subsection (2.1) or by the Tłegǫ́hłı̨ Got'įnę Government under subsection (2.2), the policy directions given under subsection (2), (2.1) or (2.2), as the case may be, prevail to the extent of the conflict.

(4) Subsection 83(6) of the English version of the Act is replaced by the following:

Conflict between legislation and policy directions

(6) If there is a conflict between policy directions given by the federal Minister, the Tlicho Government, the Déline Got'ine Government or the Tłegǫ́hłı̨ Got'įnę Government under this section and the provisions of any Act of Parliament, of any regulations made under an Act of Parliament or of any territorial law, those provisions prevail to the extent of the conflict.

32 Subsection 85 (4) of the Act is amended by striking out "or" at the end of paragraph (b), by adding "or" at the end of paragraph (c) and by adding the following after paragraph (c):

(d) the Tłegǫ́hłı̨ Got'įnę Government, if the entry is on Tłegǫ́hłı̨ Got'įnę Settlement Lands.

33. The Act is amended by adding the following after section 90.11:

Prohibition – Tłegǫ́hłı̨ Got'įnę Settlement Lands

90.12 Even if the regulations do not require a permit or other authorization under Part 3 or 4 for a particular use of land, a person shall not use Tłegǫ́hłı̨ Got'įnę Settlement Lands without such a permit or authorization if one is required by a Tłegǫ́hłı̨ Got'įnę law for uses of that type.

34 The Act is amended by adding the following after section 90.21:

Exception

90.22 Despite the regulations, a permit or other authorization under Part 3 or 4 for a particular use of land within Tłegǫ́hłı̨, as described in schedule B to the Tłegǫ́hłı̨ Got'įnę Agreement, is not required if a Tłegǫ́hłı̨ Got'įnę law provides that one is not required for uses of that type.

35 Section 95 of the Act is replaced by the following:

Fees

95. Despite subsection 72.03(1) or any territorial law, the Gwich'in and Sahtu First Nations, the Tlicho Government, the Déline Got'ine Government and the Tłegǫ́hłı̨ Got'įnę Government are not required to pay any fee in respect of the use of waters or the deposit of waste for non-commercial purposes on their first nation lands, Tlicho lands, Déline lands or Tłegǫ́hłı̨ Got'įnę Settlement Lands, as the case may be.

36 Subsection 106.1(2) of the Act is amended by striking out "and" at the end of paragraph (d), by adding "and" at the end of paragraph (e) and by adding the following after paragraph (e):

(f) the Tłegǫ́hłı̨ Got'įnę Government with respect to the amendment of any Tłegǫ́hłı̨ Got'įnę law regarding the use of Tłegǫ́hłı̨ Got'įnę Settlement Lands or waters on those lands or regarding a deposit of waste on those lands or in those waters.

37 The Act is amended by adding the following after section 109.11:

Powers of Tłegǫ́hłı̨ Got'įnę Government

Policy directions by Tłegǫ́hłı̨ Got'įnę Government

109.12 The Tłegǫ́hłı̨ Got'įnę Government may exercise the same powers and shall perform the same duties in relation to the Board and the regional panel of the Board referred to in subsection 99(2) as those that the Tłegǫ́hłı̨ Got'įnę Government has under section 83 in relation to the Sahtu Land and Water Board.

38. Section 109.2 of the Act is amended by adding the following after subsection (4): Conflict between policy directions

(5) If there is a conflict between policy directions given by the federal Minister under section 109 and policy directions given by the Tłegǫ́hłı̨ Got'įnę Government under section 109.12, the policy directions given under section 109.12 prevail to the extent of the conflict.

Conflict between legislation and policy directions

(6) If there is a conflict between policy directions given by the federal Minister under section 109 or by the Tłegǫ́hłı̨ Got'įnę Government under section 109.12 and the provisions of any Act of Parliament, of any regulations made under an Act of Parliament or of any territorial law, those provisions prevail to the extent of the conflict.

39. Section 118 of the Act is replaced by the following:

Issuance of licence, permit or other authorization

118. (1) A licence, permit or other authorization required for the carrying out of a development shall not be issued under any federal or territorial law, Tlicho law, Déline law or Tłegǫ́hłı̨ Got'įnę law unless the requirements of this Part have been complied with.

Requirements

(2) If the Gwich'in or Sahtu First Nation, the Tlicho Government, the Déline Got'ine Government, the Tłegǫ́hłı̨ Got'įnę Government, a local government or a department or agency of the federal or territorial government proposes to carry out a development that does not require a licence, permit or other authorization under any federal or territorial law, Tlicho law, Déline law or Tłegǫ́hłı̨ Got'įnę law, it shall comply with the requirements of this Part before taking any irrevocable action in relation to the development.

40. Section 121 of the Act is replaced by the following:

Written reasons

121. The Review Board, a review panel of the Review Board, a review panel or joint panel established jointly by the Review Board and any other person or body, the federal Minister, a responsible minister, a designated regulatory agency, a regulatory authority, a department or agency of the federal or territorial government, a local government, the Gwich'in or Sahtu First Nation, the Tlicho Government, the Déline Got'ine Government or the Tłegǫ́hłı̨ Got'įnę Government shall issue and make available to the public written reasons for any decision or recommendation made under the process established by this Part.

41 Subsection 123.2(2) of the Act is replaced by the following:

Status or entitlements under agreement

(2) A person is not placed in a material conflict of interest merely because of any status or entitlement conferred on the person under the Gwich'in Agreement, the Sahtu Agreement, the Tlicho Agreement or any other agreement between a first nation and His Majesty in right of Canada for the settlement of a claim to lands or under the Déline Agreement or the Tłegǫ́hłı̨ Got'įnę Agreement.

2003, c. 15, s. 67

First Nations Goods and Services Tax Act

42. Schedule 1 to the First Nations Goods and Services Tax Act is amended by adding the following in alphabetical order: