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Métis Government Recognition and Self-Government Agreement

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Métis Government Recognition and Self-Government Agreement Métis Government Recognition and Self-Government Agreement -between- Métis Nation of Ontario -and- Canada TABLE OF CONTENTS PART I DEFINITIONS, PURPOSE, RECOGNITION, AND FEDERAL RECOGNITION LEGISLATION ....................................................................3 Chapter 1: Definitions and Interpretation ...............................................................3 Definitions ..........................................................................................................3 Interpretation .....................................................................................................6 Chapter 2: Purpose ...................................................................................................6 Chapter 3: Federal Recognition ................................................................................7 Chapter 4: Federal Recognition Legislation.............................................................8 PART II SELF-GOVERNMENT IMPLEMENTATION ...............................................9 Chapter 5: Requirements ..........................................................................................9 PART III MÉTIS GOVERNMENT’S CONSTITUTION ................................................9 Chapter 6: Constitution ............................................................................................9 PART IV MÉTIS GOVERNMENT’S LEGAL STATUS, ROLE, JURISDICTION, LAWS, AND AUTHORITY ............................................................................ 11 Chapter 7: Legal Status and Capacity .................................................................... 11 Chapter 8: Role and Jurisdiction of the Métis Government.................................. 11 Role of the Métis Government ......................................................................... 11 Recognition of the Jurisdiction of the Métis Government .............................. 12 Recognition of Additional Jurisdiction of the Métis Government ................. 12 Exercise of the Métis Government’s Jurisdiction ........................................... 13 Chapter 9: Jurisdiction for Citizenship .................................................................. 13 Scope of Jurisdiction ........................................................................................ 13 Métis Government Law ................................................................................... 13 Register of Citizens .......................................................................................... 13 Relationship with Canadian Citizenship ......................................................... 14 Conflict Provision ............................................................................................. 14 Chapter 10: Jurisdiction for Selection of Representatives of the Métis Government .......................................................................................... 14 Scope of Jurisdiction ........................................................................................ 14 Métis Government Law ................................................................................... 15 Conflict Provision ............................................................................................. 15 i Chapter 11: Jurisdiction for Internal Structures, Operations, Procedures, and Financial Management ......................................................................... 15 Scope of Jurisdiction ........................................................................................ 15 Métis Government Law ................................................................................... 15 Conflict Provision ............................................................................................. 16 Chapter 12: Liability and Indemnification .............................................................. 16 Chapter 13: Métis Government Laws ...................................................................... 17 Application of Métis Government Laws ......................................................... 17 Delegation of Jurisdiction ................................................................................ 17 Development of Contemplated Métis Government Laws ............................... 17 Validity of Actions Taken Prior to Self-Government Implementation Date . 17 Access to and Notice of Métis Government Laws ........................................... 18 Judicial Notice of Métis Government Laws .................................................... 18 Chapter 14: Métis Government Authority ............................................................... 18 Chapter 15: Administration, Enforcement, and Adjudication of Métis Government Laws ...................................................................................................... 19 Chapter 16: Access to Information and Privacy ...................................................... 19 Chapter 17: Relationship of Laws ............................................................................ 20 Application of Federal Laws ............................................................................ 20 No Direct or Indirect Law-Making Authority ................................................ 20 Laws of Overriding National Importance ....................................................... 21 Activities Related to National Defence or National Security .......................... 21 Incidental Impacts............................................................................................ 21 Double Aspect................................................................................................... 21 Provincial Laws ................................................................................................ 22 Statutory Instruments Act ............................................................................... 22 Canadian Human Rights Act ........................................................................... 22 Application of the Canadian Charter of Rights and Freedoms...................... 22 PART V REQUIRED AGREEMENTS AND TRANSITION ....................................... 22 Chapter 18: Intergovernmental Relations Agreement ............................................ 22 Chapter 19: Fiscal Issues .......................................................................................... 24 Fiscal Relationship ........................................................................................... 24 ii Fiscal Financing Agreement ............................................................................ 25 Fiscal Policy Development ............................................................................... 26 Appropriation of Funds ................................................................................... 26 Access to Federal Funding ............................................................................... 26 No Effect on Provincial Funding ..................................................................... 27 Additional Jurisdiction Implementation Agreements .................................... 27 Fiscal Obligations Addressed through Fiscal Arrangements ......................... 27 Chapter 20: Transition.............................................................................................. 28 PART VI ADDITIONAL JURISDICTION IMPLEMENTATION AGREEMENTS .. 28 Chapter 21: Negotiation of Additional Jurisdiction Implementation Agreements . 28 Negotiation of Additional Jurisdiction Implementation Agreements ............ 28 Participation of the Government of Ontario ................................................... 28 Other Processes ................................................................................................ 29 PART VII SIGNING OF THIS AGREEMENT AND RATIFICATION ........................ 29 Chapter 22: Signing of the Agreement ..................................................................... 29 Chapter 23: Ratification of this Agreement and the Constitution by the Electors . 30 Ratification of this Agreement ......................................................................... 30 Ratification of the Constitution ....................................................................... 30 Concurrent Ratification ................................................................................... 31 Chapter 24: Ratification of this Agreement by Canada .......................................... 31 PART VIII INTERPRETATION, IMPLEMENTATION, AND LEGAL EFFECT AND STATUS OF THE AGREEMENT .................................................................. 31 Chapter 25: Interpretation and Implementation of this Agreement ....................... 31 The Honour of the Crown ................................................................................ 31 Obligation to Negotiate .................................................................................... 31 Implementation of this Agreement .................................................................. 32 Official Languages Act..................................................................................... 32 Chapter 26: Participation of the GOVERNMENT OF ONTARIO in The Implementation of this agreement ....................................................... 32 Chapter 27: Legal Effect of this Agreement ............................................................. 32 No Effect on the Constitution of Canada ........................................................ 32 No Effect on Existing or Future Métis
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