Final Self-Government Agreement for the Tłegǫ́hłı̨ Got’įnę Act (S.C. 2026, c. 23)
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Assented to 2026-10-08
Consequential Amendments (continued)
1998, c. 25Mackenzie Valley Resource Management Act (continued)
24 Section 4 of the Act is amended by adding the following after subsection (5):
Marginal note: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
(a) a body or office established by a Tłegǫ́hłı̨ Got’įnę law;
(b) a department, agency or office of the federal or the territorial government;
(c) a board or other public body established by or under an Act of Parliament or by a territorial law; or
(d) any other legal entity.
25 Subsection 5(1) of the Act is replaced by the following:
Marginal note: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:
Marginal note: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:
Marginal note: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:
Marginal note: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:
Marginal note: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):
Marginal note: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):
Marginal note: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):
Marginal note: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:
Marginal note: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:
Marginal note: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):
Marginal note:
(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:
Marginal note: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:
Marginal note: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:
Marginal note: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
Marginal note: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):
Marginal note: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.
Marginal note: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:
Marginal note: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.
Marginal note: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:
Marginal note: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:
Marginal note: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. 67First 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:
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| First Nation | Governing Body | Lands |
Tłegǫ́hłı̨ Got’įnę | Tłegǫ́hłı̨ Got’įnę Government | Lands within Tłegǫ́hłı̨ and Settlement Lands, as those terms are defined in 1.1 of the Final Self-Government Agreement for the Tłegǫ́hłı̨ Got’įnę that is approved, given effect and declared valid by the Final Self-Government Agreement for the Tłegǫ́hłı̨ Got’įnę Act |
Coordinating Amendment
Marginal note:Bill C-10
43 If Bill C-10, introduced in the 1st session of the 45th Parliament and entitled the Commissioner for Modern Treaty Implementation Act, receives royal assent, then, on the first day on which both that Act and section 4 of this Act are in force, the schedule to that Act is amended by adding the following in alphabetical order:
Tłegǫ́hłı̨ Got’įnę Government
Gouvernement des Tłegǫ́hłı̨ Got’įnę
Coming into Force
Marginal note:Order in council
44 (1) Sections 1 to 16, 18, 19, 21 and 22, subsections 23(2) and (3) and sections 24 to 33 and 35 to 42 come into force on a day to be fixed by order of the Governor in Council.
Marginal note:Order in council
(2) Section 20, subsection 23(1) and section 34 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day referred to in subsection (1).
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