Vol. 145, No. 5 — March 2, 2011

Registration

SI/2011-15 March 2, 2011

MAANULTH FIRST NATIONS FINAL AGREEMENT ACT

ARCHIVED — Order Fixing February 15, 2011 as the Day on which Sections 10 and 11 of that Act Come into Force

P.C. 2011-213 February 10, 2011

His Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to section 25 of the Maanulth First Nations Final Agreement Act, chapter 18 of the Statutes of Canada, 2009, hereby fixes February 15, 2011 as the day on which sections 10 and 11 of that Act come into force.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

Order-in-Council P.C. 2009-1732 (October 8, 2009) fixed April 1, 2011, as the day on which the Maanulth First Nations Final Agreement Act (Act) comes into force (other than sections 10, 11 and 18 of the Act). This Order-in-Council fixes the date of February 15, 2011, for sections 10 and 11 of the Act to come into force. Section 18 of the Act came into force on Royal Assent.

Purpose

Sections 10 and 11 of the Act authorize the Minister of Fisheries and Oceans to enter into and implement the Maa-nulth Harvest Agreement on behalf of Her Majesty in right of Canada.

Background

Although the Maa-nulth First Nations Final Agreement was signed and ratified by Canada, British Columbia and the Maa-nulth First Nations, neither the Maa-nulth First Nations Final Agreement nor the provincial and federal enabling statutes established a date upon which the Maa-nulth First Nations Final Agreement would come into effect. Rather, the parties needed to assess how much work had to be done in advance of the Maa-nulth First Nations Final Agreement’s coming into effect and agree on an effective date accordingly.

Upon recommendation, and subsequent to a request made by the Department of Indian Affairs and Northern Development and the Minister, Order-in-Council P.C. 2009-1732 fixed April 1, 2011, as the day on which the Act will come into force (other than sections 10, 11 and 18 of the Act).

Section 18 of the Act, which came into effect upon Royal Assent, states that Chapter 26 (Eligibility and Enrolment) and Chapter 28 (Ratification) of the Maa-nulth First Nations Final Agreement were deemed to have come into effect as of December 9, 2006.

Sections 10 and 11 of the Act will come into force on a date determined by the parties by a separate Order-in-Council. Section 10 of the Act refers to the Maa-nulth Harvest Agreement and authorizes the Minister of Fisheries and Oceans to enter into and implement that Maa-nulth Harvest Agreement on behalf of Her Majesty in right of Canada. Section 11 of the Act states that the Maa-nulth Harvest Agreement does not form part of the Maa-nulth First Nations Final Agreement and is not a treaty or a lands claim agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.

This Order-in-Council fixes February 15, 2011, as the day on which sections 10 and 11 of the Act come into force.

Financial implications

Coming into force of sections 10 and 11 of the Act will have no financial implications beyond those already identified under the Act.

Consultations

For the purposes of determining an effective date for sections 10 and 11 of the Act to come into force, the Department of Indian Affairs and Northern Development has consulted internally with the Department of Fisheries and Oceans, and externally with the Province of British Columbia and the Maa-nulth First Nations.

Departmental contact

For more information, please contact David Adams, Negotiator, at 604-775-5035.