Part 7 - Relationship of Laws

151. In this Part, "touching upon" or "touches upon" means has incidental impacts.

Federal

152. Except as otherwise provided for in this Agreement, federal laws apply to the First Nations, the United Anishnaabeg Councils, First Nation land and all persons on First Nation land.
     
     
153. For greater certainty, First Nation law-making authority does not include the power to make laws in relation to:
     
     
     1. intellectual property, in respect of all matters within federal jurisdiction;
        
        
     2. criminal law or criminal procedures;
        
        
     3. labour relations and working conditions, including employment equity for purposes of the Employment Equity Act; and
        
        
     4. broadcasting and telecommunication.
        
        
154. For greater certainty, it is intended that the First Nations exercise law-making authority in a manner that avoids, to the extent reasonably possible, touching upon subject matters for which no law-making authority is provided for in this Agreement.
     
     
155. Despite any other provision of this Agreement, where a First Nation law touches upon a subject matter in respect of which the First Nations do not have law-making authority under this Agreement or for which the First Nation has law-making authority but the Agreement does not provide for the priority of First Nation law and there is a conflict between that First Nation law and a federal law, the federal law prevails, but only to the extent of the conflict.
     
     
156. Federal laws related to:
     
     
     1. the preservation of peace, order and good government in Canada;
        
        
     2. criminal law; and
        
        
     3. health and safety
        
        
     shall prevail over First Nation law but only to the extent of the conflict.
     
     
157. If there is a conflict between this Agreement and the provisions of any federal law, this Agreement shall prevail to the extent of the conflict.
     
     
158. Parts 2, 10, 11, 12, 13 and 15, and clauses 20, 125, 143 to 147, 169 to 174, 183, 189, 193, 194, 195, 196 and 206 are contractual and shall not be incorporated by reference into the federal implementing legislation.
     
     
159. If there is a conflict between the federal implementing legislation and the provisions of any other federal law, the federal implementing legislation shall prevail to the extent of the conflict.
     
     

Indian Act

160. On the coming into force of this Agreement the Indian Act shall no longer apply in respect of the First Nations, e-dbendaagzijig and First Nation land except:
     
     
     1. Section 4.1;
        
        
     2. Sections 5 to 7;
        
        
     3. Sections 14.1, 14.2 and 14.3 as they apply to the Indian Register;
        
        
     4. Sections 42 to 52.5, except sections 44(3) and 49;
        
        
     5. Sections 73(1)(f), (g) and (h) and section 73(2);
        
        
     6. Sections 83(1)(a), (e), (e.1), (f), (g) and 83(3), (4), (5), (6); and
        
        
     7. Sections 87 and 90(1) in respect of section 87.
        
        
161. Section 88 of the Indian Act shall apply in relation to those Indian Act provisions set out in clause 160.
     
     
162. For the purposes of the continuing application of certain provisions of the Indian Act, as set out in clause 160, a First Nation shall be deemed to be a "band", First Nation land shall be deemed to be a "reserve", eniigaanzijig shall be deemed to be the "council of the band" and e-dbendaagzid shall be deemed to be a "member of a band" within the meaning of these terms as they are defined in the Indian Act.
     
     
163. Any band by-law made pursuant to the Indian Act shall continue to be a by-law made under the Indian Act and enforceable as such where the provisions of the by-law could not be enacted as a law of the First Nation according to the terms of this Agreement. Such a by-law may only be amended and repealed according to the law-making processes of the First Nation established under First Nation gchi-naaknigewin and law.
     
     

Indian Oil and Gas Act

164. The Indian Oil and Gas Act and regulations made thereunder shall not apply to First Nation land.

Canada Lands Surveys Act

165. For greater certainty, the Canada Lands Surveys Act applies to First Nation land.
     
     
166. For the purposes of section 29(3) of the Canada Lands Surveys Act, except for the determination of the location of the exterior boundaries of First Nation land, the First Nation has the same powers as the Minister to indicate to the Surveyor General that the survey and plans for a parcel of its First Nation land are satisfactory.
     
     

Official Languages Act

167. Services provided by a federal institution, as defined in the Official Languages Act, shall be provided in accordance with that Act.
     
     
168. The Official Languages Act does not apply to any First Nation, eniigaanzijig, congress, United Anishnaabeg Councils, Grand Council or other body established to perform a governmental function in relation to a First Nation or other group of aboriginal people.

International Legal Obligations

169. The United Anishnaabeg Councils and First Nations undertake to ensure that their respective laws and governmental actions shall not cause Canada to be unable to perform its international legal obligations.
     
     
170. For greater certainty, reference to Canada's international legal obligations in this Agreement includes those that are in force on or after the coming into force of this Agreement.
     
     
171. Where Canada gives notice to the United Anishnaabeg Councils that a law or action of the United Anishnaabeg Councils or a First Nation causes Canada to be unable to perform any of its international legal obligations, the United Anishnaabeg Councils or First Nation shall remedy the relevant law or action to enable Canada to perform the international legal obligation.
     
     
172. Subject to clause 174, where a dispute arises between the parties concerning whether a law or action of the United Anishnaabeg Councils or a First Nation causes Canada to be unable to perform any of its international legal obligations, the dispute shall be resolved pursuant to Part 10.
     
     
173. Canada shall consult the United Anishnaabeg Councils in the development of positions taken by Canada before an international tribunal where a law or action of the United Anishnaabeg Councils or a First Nation has given rise to an issue concerning the performance of Canada's international legal obligations.
     
     
174. Subject to clauses 190, 191, and 192, if there is a finding of an international tribunal of non-performance of any of Canada's international legal obligations attributable to a law or action of the United Anishnaabeg Councils or a First Nation, the United Anishnaabeg Councils or the First Nation, shall, at the request of Canada, remedy the relevant law or action to enable Canada to perform the international legal obligation.
     
     

Canadian Human Rights Act

175. Nothing in this Agreement restricts the operation of the Canadian Human Rights Act.
     
     
176. The Canadian Human Rights Act shall be interpreted in a way that ensures that First Nation needs and aspirations, which include the maintenance and preservation of e-naadziyang and anishnaabemwin, are taken into account in applying the rights and defences in the Canadian Human Rights Act.

Access to Information and Privacy

177. Canada shall recommend to Parliament amendments to the Access to Information Act and the Privacy Act to protect from disclosure, information provided in confidence by the United Anishnaabeg Councils or a First Nation as if it were information provided to Canada by another government in Canada.
     
     
178. Canada shall recommend to Parliament amendments to the Privacy Act to allow the United Anishnaabeg Councils or a First Nation access to information necessary for the United Anishnaabeg Councils to exercise its authority under this Agreement.
     
     
179. Canada may provide information to the United Anishnaabeg Councils or a First Nation in confidence if the United Anishnaabeg Councils or a First Nation has made a law or has entered into an agreement with Canada under which the confidentiality of the information shall be protected.
     
     
180. Despite any other provision of this Agreement:
     
     
     1. neither party shall be required to disclose any information that it is required to withhold under its laws;
        
        
     2. if federal or First Nation law allows the disclosure of certain information only if specified conditions for disclosure are satisfied, neither party shall be required to disclose that information unless those conditions are satisfied; and
        
        
     3. the parties shall not be required to disclose any information that may be withheld under a privilege at law or under sections 37 to 39 of the Canada Evidence Act.
        
        

Provincial

181. Ontario laws of general application which touch the core of Indianness shall apply to the First Nations and e-dbendaagzijig. In the event of a conflict between a First Nation law and a law of Ontario of general application which touches the core of Indianness, the First Nation law shall prevail to the extent of the conflict, unless otherwise provided for in this Agreement.
     
     
182. For greater certainty, in the event of a conflict between a law of Ontario which applies of its own force and the federal implementing legislation or First Nation law, the federal implementing legislation or the First Nation law shall prevail to the extent of the conflict, unless otherwise provided in this Agreement.
     
     
183. The parties agree that clause 181 may be reviewed, and if desirable, modified in the context of any negotiations undertaken pursuant to clause 145.