Kanesatake Interim Land Base Governance Act (S.C. 2001, c. 8)
Assented to 2001-06-14
Marginal note:Kanesatake Mohawk neighbouring lands
12. Until the Mohawks of Kanesatake make a Kanesatake Mohawk law that allows a land use on, or that establishes a land use standard that applies to, one or more of the lots or land sites that constitute Kanesatake Mohawk neighbouring lands, no person shall alter an existing land use, building or structure on that lot or land site or those lots or land sites unless the alteration complies with the land uses or the land use standards set out in Schedule B to the Agreement for the applicable sector.
Marginal note:Harmonization arrangement — Kanesatake Mohawk neighbouring lands
13. (1) Before the Mohawks of Kanesatake make any Kanesatake Mohawk law that allows a land use, or establishes a land use standard, that is significantly different from the uses or standards set out in Schedule B to the Agreement for the applicable sector, they shall enter into a harmonization arrangement with the Municipality of Oka.
Marginal note:Content of harmonization arrangement
(2) The harmonization arrangement
(a) shall establish the reciprocal obligations of the parties to harmonize, with respect to land use or land use standards, the Kanesatake Mohawk laws that apply to Kanesatake Mohawk neighbouring lands and the municipal by-laws that apply to the properties in the Municipality of Oka that adjoin Kanesatake Mohawk neighbouring lands;
(b) shall establish a dispute resolution process, which may include arbitration, to resolve any disagreement between the parties in relation to the arrangement; and
(c) may determine criteria for compatibility between those Kanesatake Mohawk laws and municipal by-laws.
(3) Subsection (1) does not apply in relation to any of the sectors in Schedule B to the Agreement if the Municipality of Oka, before entering into a harmonization arrangement, amends a municipal by-law to allow a land use or to establish a land use standard in any sector that is significantly different from the uses or standards set out in that Schedule for that sector, without being legally obliged by a provincial law to amend the by-law for that purpose.
Marginal note:Enactment despite harmonization arrangement
(4) The Mohawks of Kanesatake may, in relation to any of the sectors in Schedule B to the Agreement, make Kanesatake Mohawk laws despite the terms of the harmonization arrangement if, without the agreement of the Mohawks of Kanesatake, the Municipality of Oka
(a) in breach of its obligations under the arrangement, amends or repeals a municipal by-law with respect to land use or land use standards without being legally obliged by a provincial law to amend or repeal the by-law; or
(b) condones any use, activity or construction on a property in the Municipality of Oka that contravenes a municipal by-law with respect to land use or land use standards and that significantly prejudices any right or interest of an occupant of Kanesatake Mohawk neighbouring lands.
Marginal note:National building standards
14. Any construction that takes place on lands in the Kanesatake Mohawk interim land base shall comply with the building standards contained in the National Building Code of Canada 1995, issued by the Canadian Commission on Building and Fire Codes of the National Research Council of Canada, as amended from time to time.
15. (1) The Mohawks of Kanesatake may prosecute an offence committed under a Kanesatake Mohawk law in a court of competent jurisdiction.
Marginal note:Contraventions Act
(2) The Mohawks of Kanesatake may adopt the procedure applicable under the Contraventions Act for the prosecution of contraventions, subject to the necessary modifications.
Marginal note:Power to appoint justices of the peace
16. (1) To ensure the enforcement of Kanesatake Mohawk laws, the Mohawks of Kanesatake may appoint justices of the peace to adjudicate offences for contraventions of those laws.
Marginal note:Agreement with Her Majesty
(2) The Mohawks of Kanesatake shall not appoint any justices of the peace except in accordance with an agreement with Her Majesty in right of Canada that addresses the following matters:
(a) the jurisdiction and qualifications of the justices of the peace;
(b) the independence and impartiality, including the financial security and security of tenure, of the justices of the peace;
(c) the supervision of the justices of the peace;
(d) the right to appeal any decision of a justice of the peace; and
(e) the relationship between the justices of the peace and the existing justice system and its institutions.
Marginal note:Provincial laws that do not apply of their own force and municipal by-laws
17. (1) A provincial law to which section 88 of the Indian Act applies, or a municipal by-law, does not apply to the extent that it is inconsistent or conflicts with this Act or with a Kanesatake Mohawk law, or to the extent that it makes provision for any matter for which provision is made by or under this Act.
Marginal note:Other provincial laws
(2) In the event of an inconsistency or conflict between a Kanesatake Mohawk law and any other provincial law, the Kanesatake Mohawk law prevails to the extent of the inconsistency or conflict.
Marginal note:Federal laws
(3) In the event of an inconsistency or conflict between a Kanesatake Mohawk law and a federal law, the federal law prevails to the extent of the inconsistency or conflict.
18. In any proceeding, a copy of a Kanesatake Mohawk law that appears to be certified as a true copy by a duly authorized officer of the Council is, without proof of the officer’s signature or official character, evidence of its enactment on the date specified in the law.
Marginal note:Amendment to schedule
19. (1) The Governor in Council may, by order, add to the schedule to this Act a reference to lands that the Mohawks of Kanesatake and Her Majesty in right of Canada agree should be added to the Kanesatake Mohawk interim land base.
Marginal note:Amendment of plan
(2) The Mohawks of Kanesatake shall revise the plan referred to in section 10 to include the lands added to the schedule to this Act before any process preliminary to the granting of an authorization is undertaken in relation to the proposed use of the added lands for any of the activities referred to in paragraphs 10(a) to (c).
Marginal note:Existing rights or interests
20. A right or interest in relation to lands in the Kanesatake Mohawk interim land base that exists on the coming into force of this Act continues in accordance with its terms and conditions.
Marginal note:Canada Lands Surveys Act
21. (1) For the purposes of subsection 29(3) of the Canada Lands Surveys Act, in relation to lands in the Kanesatake Mohawk interim land base, the survey and plans must be satisfactory to the Council rather than to the Minister of Indian Affairs and Northern Development.
(2) Subsection (1) does not apply in relation to boundaries between the Kanesatake Mohawk interim land base and other lands.
Marginal note:Deposit of copies
22. (1) The Minister of Indian Affairs and Northern Development shall cause a copy of each of the following documents, and of any amendment to them, certified by the Minister as a true copy, to be deposited in the library of the Department of Indian Affairs and Northern Development situated in the National Capital Region, and in the regional office of that Department closest to the Kanesatake Mohawk interim land base or in any other place designated by the Minister:
(a) the Agreement;
(b) the agreement referred to in subsection 16(2); and
(c) the Management Agreement entered into between Her Majesty in right of Canada and Kanesatake Orihwa’shon:a Development Corporation on June 30, 1999.
(2) The copies shall be made available for inspection by any person at any time during normal business hours.
Marginal note:Council office
23. (1) The Council shall keep at its office a copy, certified by it as a true copy, of each of the documents referred to in subsection 22(1), of the land governance code, and of any amendment to them.
(2) The copies shall be made available for inspection by any member of the Mohawks of Kanesatake at any time during normal business hours.
R.S., c. L-6AMENDMENT TO CANADA LANDS SURVEYS ACT
24. Paragraph 24(1)(a) of the Canada Lands Surveys Act is amended by striking out the word “or” at the end of subparagraph (iii), by replacing the word “and” at the end of subparagraph (iv) with the word “or” and by adding the following after subparagraph (iv):
(v) lands in the Kanesatake Mohawk interim land base, as defined in the Kanesatake Interim Land Base Governance Act, other than the lands known as Doncaster Reserve No. 17; and
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