GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Tlicho Land Claims and Self-Government Act — T-11.3 Preamble
Preamble WHEREAS the Tlicho is an aboriginal people of Canada that has used and occupied lands in and adjacent to the Northwest Territories from time immemorial;
Tlicho Land Claims and Self-Government Act — T-11.3
WHEREAS the Tlicho, as represented by the Dogrib Treaty 11 Council, the Government of the Northwest Territories and the Government of Canada negotiated a land claims and self-government agreement in order to define and provide certainty in respect of rights of the Tlicho relating to lands, resources and self-government;
Tlicho Land Claims and Self-Government Act — T-11.3
WHEREAS the Tlicho, by a vote held on June 26 and 27, 2003, approved the agreement;
Tlicho Land Claims and Self-Government Act — T-11.3
WHEREAS the Tlicho, as represented by the Dogrib Treaty 11 Council, the Government of the Northwest Territories and the Government of Canada signed the agreement on August 25, 2003;
Tlicho Land Claims and Self-Government Act — T-11.3
WHEREAS on October 10, 2003 the Commissioner in Council of the Northwest Territories made an ordinance entitled the Tlicho Land Claims and Self-Government Agreement Act approving the agreement;
Tlicho Land Claims and Self-Government Act — T-11.3
AND WHEREAS the agreement provides that the agreement will be a land claims agreement within the meaning of section 35 of the Constitution Act, 1982 and that approval by Parliament is a condition precedent to the validity of the agreement;
Tlicho Land Claims and Self-Government Act — T-11.3
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Tlicho Land Claims and Self-Government Act — T-11.3 1
Short title 1 This Act may be cited as the Tlicho Land Claims and Self-Government Act .
Tlicho Land Claims and Self-Government Act — T-11.3 2
Definitions 2 The following definitions apply in this Act. Agreement means the Land Claims and Self-Government Agreement among the Tlicho, the Government of the Northwest Territories and the Government of Canada, signed on August 25, 2003, including any amendments made to it from time to time. ( Accord ) Tax Treatment Agreement means the Tlicho Tax Treatment Agreement among the Government of Canada, the Government of the Northwest Territories and the Tlicho First Nation, signed on behalf of the Government of Canada on February 6, 2003, on behalf of the Government of the Northwest Territories on February 27, 2003 and on behalf of the Tlicho First Nation on March 3, 2003, including any amendments made to it from time to time. ( accord sur le traitement fiscal ) Tlicho Government means the government of the Tlicho First Nation established in accord­ance with chapter 7 of the Agreement. ( gouvernement tlicho ) Tlicho law means a law enacted by the Tlicho Government. ( loi tlicho )
Tlicho Land Claims and Self-Government Act — T-11.3
Agreement means the Land Claims and Self-Government Agreement among the Tlicho, the Government of the Northwest Territories and the Government of Canada, signed on August 25, 2003, including any amendments made to it from time to time. ( Accord )
Tlicho Land Claims and Self-Government Act — T-11.3
Tax Treatment Agreement means the Tlicho Tax Treatment Agreement among the Government of Canada, the Government of the Northwest Territories and the Tlicho First Nation, signed on behalf of the Government of Canada on February 6, 2003, on behalf of the Government of the Northwest Territories on February 27, 2003 and on behalf of the Tlicho First Nation on March 3, 2003, including any amendments made to it from time to time. ( accord sur le traitement fiscal )
Tlicho Land Claims and Self-Government Act — T-11.3
Tlicho Government means the government of the Tlicho First Nation established in accord­ance with chapter 7 of the Agreement. ( gouvernement tlicho )
Tlicho Land Claims and Self-Government Act — T-11.3
Tlicho law means a law enacted by the Tlicho Government. ( loi tlicho )
Tlicho Land Claims and Self-Government Act — T-11.3 3
Agreement given effect 3 (1) The Agreement is approved, given effect and declared valid and has the force of law. Rights and obligations (2) For greater certainty, any person or body may exercise the powers, rights, privileges and benefits conferred on the person or body by the Agreement and shall perform the duties, and is subject to the liabilities, imposed on the person or body by the Agreement. Agreement binding (3) For greater certainty, the Agreement is binding on, and may be relied on by, all persons and bodies.
Tlicho Land Claims and Self-Government Act — T-11.3 4
Publication of Agreement and amendments 4 The Minister of Indian Affairs and Northern Development shall cause a copy of the Agreement and of any amendments made to it to be deposited in (a) the Library of Parliament; (b) the library of the Legislative Assembly of the Northwest Territories; (c) the main office of the Tlicho Government; (d) the library of the Department of Indian Affairs and Northern Development that is situated in the National Capital Region; (e) the office of the Registrar of Land Titles for the Northwest Territories; (f) the regional office of the Department of Indian Affairs and Northern Development that is situated in the Northwest Territories; and (g) any other places that that Minister considers necessary.
Tlicho Land Claims and Self-Government Act — T-11.3 5
Conflict with Agreement or this Act 5 (1) In the event of an inconsistency or conflict between the Agreement or this Act, or any regulations made under this Act, and the provisions of any other Act of Parliament, any law of the Legislature of the Northwest Territories, any regulations made under any of those other Acts or laws, or any Tlicho law, then the Agreement or this Act, or regulations made under this Act, as the case may be, prevail to the extent of the inconsistency or conflict. Conflict between the Agreement and this Act (2) In the event of an inconsistency or conflict between the Agreement and the provisions of this Act or any regulations made under this Act, the Agreement prevails to the extent of the inconsistency or conflict. 2005, c. 1, s. 5; 2014, c. 2, s. 56
Tlicho Land Claims and Self-Government Act — T-11.3 6
Payments out of C.R.F. 6 There shall be paid out of the Consolidated Revenue Fund any sums that are required to meet the monetary obligations of Canada under chapters 9, 18 and 24 to 26 of the Agreement.
Tlicho Land Claims and Self-Government Act — T-11.3 7
Tax Treatment Agreement given effect 7 (1) The Tax Treatment Agreement is approved, given effect and declared valid and has the force of law during the period that it is in effect. Not a treaty (2) The Tax Treatment Agreement does not form part of the Agreement and is not a treaty or a land claims agreement within the meaning of section 35 of the Constitution Act, 1982 .
Tlicho Land Claims and Self-Government Act — T-11.3 8
Legal capacity 8 For the purposes of carrying out its objectives, the Wekeezhii Renewable Resources Board established by chapter 12 of the Agreement has the capacity, rights, powers and privileges of a natural person.
Tlicho Land Claims and Self-Government Act — T-11.3 9
Judicial notice of Agreements 9 (1) Judicial notice shall be taken of the Agreement and the Tax Treatment Agreement. Publication of Agreements (2) The Agreement and the Tax Treatment Agreement shall be published by the Queen’s Printer. Evidence (3) A copy of the Agreement or the Tax Treatment Agreement published by the Queen’s Printer is evidence of that Agreement, and a copy purporting to be published by the Queen’s Printer is deemed to be so published, unless the contrary is shown.
Tlicho Land Claims and Self-Government Act — T-11.3 10
Judicial notice of Tlicho laws 10 (1) Judicial notice shall be taken of Tlicho laws. Evidence of Tlicho laws (2) A copy of a Tlicho law purporting to be deposited in the public registry of Tlicho laws referred to in chapter 7 of the Agreement is evidence of that law and of its contents, unless the contrary is shown.
Tlicho Land Claims and Self-Government Act — T-11.3 11
Statutory Instruments Act 11 For greater certainty, Tlicho laws are not statutory instruments within the meaning of the Statutory Instruments Act .
Tlicho Land Claims and Self-Government Act — T-11.3 12
Orders and regulations 12 The Governor in Council may make any orders and regulations that are necessary for the purpose of carrying out the Agreement or the Tax Treatment Agreement.
Tlicho Land Claims and Self-Government Act — T-11.3 13
Eligibility Committee 13 Despite having been established before the effective date of the Agreement, the Eligibility Committee referred to in chapter 3 of the Agreement is deemed to have been validly established under the Agreement and to have had, since it was established, the jurisdiction, powers and authority provided by the Agreement.
Tlicho Land Claims and Self-Government Act — T-11.3 14
Notice of issues arising 14 (1) If, in any judicial or administrative proceeding, an issue arises in respect of (a) the interpretation, validity or applicability of the Agreement, or (b) the validity or applicability of this Act, the law of the Legislature of the Northwest Territories entitled the Tlicho Land Claims and Self-Government Agreement Act or any Tlicho law, the issue shall not be decided until the party raising the issue has served notice on the Attorney General of Canada, the Attorney General of the Northwest Territories and the Tlicho Government. Content of notice (2) The notice must (a) describe the judicial or administrative proceeding in which the issue arises; (b) state whether the issue arises in respect of the matters referred to in paragraph (1)(a) or (b) or both; (c) state the day on which the issue is to be argued; (d) give particulars necessary to show the point to be argued; and (e) be served at least 14 days before the day of argument, unless the court or tribunal authorizes a shorter period. Participation in proceedings (3) In any judicial or administrative proceeding to which subsection (1) applies, the Attorney General of Canada, the Attorney General of the Northwest Territories and the Tlicho Government may appear and participate in the proceeding as parties with the same rights as any other party. Saving (4) For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required. 2005, c. 1, s. 14; 2014, c. 2, s. 57
Tlicho Land Claims and Self-Government Act — T-11.3 96
Validity of ordinances of the Northwest Territories 96 The following ordinances of the Northwest Territories are deemed for all purposes to have been validly made if they were made before the coming into force of this Act and would have been validly made if they had been made after that coming into force, and everything done under any of those ordinances before that coming into force has the effect that it would otherwise have if the ordinance had been validly made after that coming into force: (a) the ordinance of the Northwest Territories entitled the Tlicho Land Claims and Self-Government Agreement Act ; (b) an ordinance that establishes community governments as required by chapter 8 of the Agreement; and (c) an ordinance that establishes a community services agency as required by the first intergovernmental services agreement referred to in 7.10 of chapter 7 of the Agreement.
Tlicho Land Claims and Self-Government Act — T-11.3 Order in council
Order in council * 111 This Act, other than sections 107 to 110 , comes into force on a day to be fixed by order of the Governor in Council. * [Note: Sections 107 to 110 in force on assent February 15, 2005; Act, other than sections 107 to 110, in force August 4, 2005, see SI/2005-54.]
Tlicho Land Claims and Self-Government Act — T-11.3 Other references to Department of Indian Affairs and Northern Development
Other references to Department of Indian Affairs and Northern Development (2) Unless the context requires otherwise, every reference to the “Department of Indian Affairs and Northern Development” is, with any grammatical adaptations, to be read as a reference to the “Department of Crown-Indigenous Relations and Northern Affairs” in the following provisions: (e) paragraphs 4(d) and (f) of the Tlicho Land Claims and Self-Government Act ; and
Tlicho Land Claims and Self-Government Act — T-11.3 Other references to Minister of Indian Affairs and Northern Development
Other references to Minister of Indian Affairs and Northern Development (2) Unless the context requires otherwise, every reference to the “Minister of Indian Affairs and Northern Development” is, with any grammatical adaptations, to be read as a reference to the “Minister of Crown-Indigenous Relations” in the following provisions: (f) the portion of section 4 of the Tlicho Land Claims and Self-Government Act before paragraph (a); and
Tobacco and Vaping Products Act — T-11.5
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Tobacco and Vaping Products Act — T-11.5 1
Short title 1 This Act may be cited as the Tobacco and Vaping Products Act . 1997, c. 13, s. 1; 2018, c. 9, s. 2
Tobacco and Vaping Products Act — T-11.5 2
issions in the form of an aerosol and is intended to be brought to the mouth for inhalation of the aerosol; (b) a device that is designated to be a vaping product by the regulations; (c) a part that may be used with those devices; and (d) a substance or mixture of substances, whether or not it contains nicotine, that is intended for use with those devices to produce emissions. It does not include devices and substances or mixtures of substances that are excluded by the regulations, cannabis , as defined in subsection 2(1) of the Cannabis Act , cannabis accessories , as defined in that subsection, tobacco products or their accessories. ( produit de vapotage ) young person means a person under eighteen years of age. ( jeune ) 1997, c. 13, s. 2; 2009, c. 27, s. 2; 2014, c. 20, s. 366(E); 2018, c. 9, ss. 3, 79.1
Tobacco and Vaping Products Act — T-11.5
accessory means a product that may be used in the consumption of a tobacco product, including a pipe, cigarette holder, cigar clip, lighter and matches, and also means a water pipe. It does not include cannabis accessories , as defined in subsection 2(1) of the Cannabis Act . ( accessoire )
Tobacco and Vaping Products Act — T-11.5
additive , in respect of tobacco products, means an ingredient other than tobacco leaves. ( additif )
Tobacco and Vaping Products Act — T-11.5
analyst means a person designated as an analyst under subsection 34(1). ( analyste )
Tobacco and Vaping Products Act — T-11.5
blunt wrap means a sheet, including one that is rolled, that is composed of natural or reconstituted tobacco and that is ready to be filled. ( feuille d’enveloppe )
Tobacco and Vaping Products Act — T-11.5
brand element includes a brand name, trademark, trade-name, distinguishing guise, logo, graphic arrangement, design or slogan that is reasonably associated with, or that evokes, a product, a service or a brand of product or service, but does not include a colour. ( élément de marque )
Tobacco and Vaping Products Act — T-11.5
emission means a substance that is produced when a tobacco product or vaping product is used. ( émission )
Tobacco and Vaping Products Act — T-11.5
entity includes a corporation, firm, partnership, association, society, trust or other organization, whether incorporated or not. ( entité )
Tobacco and Vaping Products Act — T-11.5
furnish means to sell, lend, assign, give or send, with or without consideration, or to barter or deposit with another person for the performance of a service. ( fournir )
Tobacco and Vaping Products Act — T-11.5
ingredient means any substance used in the manufacture of a tobacco product, vaping product or their components, including any substance used in the manufacture of that substance, and, in respect of a tobacco product, also includes tobacco leaves. ( ingrédient )
Tobacco and Vaping Products Act — T-11.5
inspector means a person designated as an inspector under subsection 34(1). ( inspecteur )
Tobacco and Vaping Products Act — T-11.5
lifestyle advertising means advertising that associates a product with, or evokes a positive or negative emotion about or image of, a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring. ( publicité de style de vie )
Tobacco and Vaping Products Act — T-11.5 (a)
little cigar means a roll or tubular construction that (a) is intended for smoking; (b) contains a filler composed of natural or reconstituted tobacco; (c) has a wrapper, or a binder and a wrapper, composed of natural or reconstituted tobacco; and (d) has a cigarette filter or weighs no more than 1.4 g, excluding the weight of any mouthpiece or tip. It includes any tobacco product that is designated by the regulations to be a little cigar. ( petit cigare )
Tobacco and Vaping Products Act — T-11.5
manufacture , in respect of a tobacco product or vaping product, includes the manufacture of a tobacco product or vaping product for export, as well as the packaging, labelling, distributing and importing of a tobacco or vaping product for sale in Canada. ( fabriquer )
Tobacco and Vaping Products Act — T-11.5
manufacturer , in respect of a tobacco product or vaping product, includes any entity that is associated with a manufacturer, including an entity that controls or is controlled by the manufacturer or that is controlled by the same entity that controls the manufacturer. ( fabricant )
Tobacco and Vaping Products Act — T-11.5
Minister means the Minister of Health. ( ministre )
Tobacco and Vaping Products Act — T-11.5
prescribed means prescribed by regulation. ( Version anglaise seulement )
Tobacco and Vaping Products Act — T-11.5
retailer means a person who is engaged in a business that includes the sale of tobacco products or vaping products to consumers. ( détaillant )
Tobacco and Vaping Products Act — T-11.5
sell includes offer for sale, expose for sale and sell for export. ( vendre )
Tobacco and Vaping Products Act — T-11.5
tobacco product means a product made in whole or in part of tobacco, including tobacco leaves. It includes papers, tubes and filters intended for use with that product, a device, other than a water pipe, that is necessary for the use of that product and the parts that may be used with the device. ( produit du tabac )
Tobacco and Vaping Products Act — T-11.5 (a)
vaping product means (a) a device that produces emissions in the form of an aerosol and is intended to be brought to the mouth for inhalation of the aerosol; (b) a device that is designated to be a vaping product by the regulations; (c) a part that may be used with those devices; and (d) a substance or mixture of substances, whether or not it contains nicotine, that is intended for use with those devices to produce emissions. It does not include devices and substances or mixtures of substances that are excluded by the regulations, cannabis , as defined in subsection 2(1) of the Cannabis Act , cannabis accessories , as defined in that subsection, tobacco products or their accessories. ( produit de vapotage )
Tobacco and Vaping Products Act — T-11.5
young person means a person under eighteen years of age. ( jeune )
Tobacco and Vaping Products Act — T-11.5 2.1
Regulations — little cigar and vaping product 2.1 (1) The Governor in Council may make regulations (a) designating any tobacco product to be a little cigar for the purpose of the definition little cigar ; (b) designating any device to be a vaping product or not to be a vaping product for the purpose of the definition vaping product ; and (c) designating any substance or mixture of substances not to be a vaping product for the purpose of the definition vaping product . Order in council — little cigar (2) The Governor in Council may, by order, amend the definition little cigar by replacing the weight set out in that definition by a weight that is not less than 1.4 g. 2009, c. 27, s. 3; 2018, c. 9, s. 4
Tobacco and Vaping Products Act — T-11.5 3
Binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada or a province.
Tobacco and Vaping Products Act — T-11.5 4
Purpose of Act 4 (1) The purpose of this Act is to provide a legislative response to a national public health problem of substantial and pressing concern and to protect the health of Canadians in light of conclusive evidence implicating tobacco use in the incidence of numerous debilitating and fatal diseases. Tobacco products (2) The purpose of this Act with respect to tobacco products is to support the objectives set out in subsection (1) and, in particular, (a) to protect young persons and others from inducements to use tobacco products and the consequent dependence on them; (b) to protect the health of young persons by restricting access to tobacco products; (c) to prevent the public from being deceived or misled with respect to the health hazards of using tobacco products; and (d) to enhance public awareness of those hazards. Vaping products (3) The purpose of this Act with respect to vaping products is to support the objectives set out in subsection (1), to prevent vaping product use from leading to the use of tobacco products by young persons and non-users of tobacco products and, in particular, (a) to protect young persons and non-users of tobacco products from inducements to use vaping products; (b) to protect the health of young persons and non-users of tobacco products from exposure to and dependence on nicotine that could result from the use of vaping products; (c) to protect the health of young persons by restricting access to vaping products; (d) to prevent the public from being deceived or misled with respect to the health hazards of using vaping products; and (e) to enhance public awareness of those hazards. 1997, c. 13, s. 4; 2018, c. 9, s. 5
Tobacco and Vaping Products Act — T-11.5 5
Product standards 5 No manufacturer shall manufacture or sell a tobacco product that does not conform with the standards established by the regulations. 1997, c. 13, s. 5; 2018, c. 9, s. 6
Tobacco and Vaping Products Act — T-11.5 5.1
Prohibition — manufacture 5.1 (1) No manufacturer shall use an additive set out in column 1 of Schedule 1 in the manufacture of a tobacco product set out in column 2. (2) [Repealed, 2018, c. 9, s. 7] 2009, c. 27, s. 4; 2014, c. 20, s. 366(E); 2018, c. 9, ss. 7, 70
Tobacco and Vaping Products Act — T-11.5 5.2
Prohibition — sale 5.2 No manufacturer shall sell a tobacco product set out in column 2 of Schedule 1 that contains an additive set out in column 1. 2009, c. 27, s. 5; 2018, c. 9, ss. 8, 70
Tobacco and Vaping Products Act — T-11.5 5.3
Marking 5.3 (1) No person shall manufacture or sell a tobacco product that displays a marking, unless the marking is authorized by the regulations. Exception (2) A person who manufactures or sells a tobacco product that displays a marking does not contravene subsection (1) if the marking is required under an Act of the legislature of a province. Additive (3) Despite sections 5.1 and 5.2, a manufacturer may use a prescribed additive to display on a tobacco product a marking that is authorized by the regulations or that is required under an Act of the legislature of a province and may sell a tobacco product that displays such a marking. 2018, c. 9, s. 8
Tobacco and Vaping Products Act — T-11.5 6
Information required from manufacturer 6 (1) Every manufacturer shall submit to the Minister, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about tobacco products, their emissions and any research and development related to tobacco products and their emissions, whether the tobacco products are for sale or not. Supplementary information (2) The Minister may, subject to the regulations, request supplementary information relating to the information referred to in subsection (1), and every manufacturer shall submit the requested information in the form and manner and within the time specified by the Minister. 1997, c. 13, s. 6; 2009, c. 27, s. 6; 2018, c. 9, s. 9