Final Self-Government Agreement for the Tlegohli Got’ine Act

Summary#

• This bill puts into force the Final Self-Government Agreement for the Tłegǫ́hłı̨ Got’įnę in the Northwest Territories. It recognizes the Tłegǫ́hłı̨ Got’įnę Government and gives it clear law‑making powers over its people and lands.

• It also updates several federal laws so federal boards, courts, and agencies work with the new government in a consistent way.

• Key changes:

  • The agreement becomes law and is recognized as a modern treaty under Canada’s Constitution.
  • The Tłegǫ́hłı̨ Got’įnę Government becomes a legal government with power to make and enforce its own laws.
  • Most Indian Act rules will no longer apply to the Tłegǫ́hłı̨ Got’įnę Government and its citizens.
  • In case of conflict, the self‑government agreement usually takes priority over other federal laws. The 1993 Sahtu Dene and Métis land claim takes priority over both if there is a conflict.
  • Land and water rules are updated so the Tłegǫ́hłı̨ Got’įnę Government has a direct role in permits and policy on its Settlement Lands.
  • A tax treatment agreement is given legal effect, and the Tłegǫ́hłı̨ Got’įnę can opt in to a First Nations goods and services tax on their lands.

What it means for you#

• Tłegǫ́hłı̨ Got’įnę citizens

  • Your community will be run by your own government under your own laws, instead of by the Indian Act.
  • Tłegǫ́hłı̨ laws will be officially registered and have the force of law.
  • Disputes about Tłegǫ́hłı̨ Government decisions go to the Supreme Court of the Northwest Territories (after you use any internal appeal routes), not to Federal Court.
  • A tax agreement will set how federal, territorial, and Tłegǫ́hłı̨ taxes apply to you and your government.

• Residents and businesses on Tłegǫ́hłı̨ Settlement Lands

  • You must follow Tłegǫ́hłı̨ laws made under the agreement.
  • For land use, you may need a permit under Tłegǫ́hłı̨ law even if federal/territorial rules do not require one. In some cases, a permit might not be needed if Tłegǫ́hłı̨ law says so.
  • The Tłegǫ́hłı̨ Got’įnę Government may levy property or frontage/area taxes on its lands. If it does, federal properties there would pay payments in lieu of taxes to the Tłegǫ́hłı̨ Government.
  • If the Tłegǫ́hłı̨ adopt a First Nations goods and services tax, vendors on their lands may need to charge it.

• Developers and resource users

  • The Sahtu Land and Water Board must consult the Tłegǫ́hłı̨ Got’įnę Government before issuing or changing licences and permits on Tłegǫ́hłı̨ Settlement Lands and waters.
  • The Tłegǫ́hłı̨ Got’įnę Government can give binding policy directions to boards for matters on its Settlement Lands (within budgets). Federal policy directions do not override these on those matters.
  • You must meet Mackenzie Valley review requirements before authorizations are issued, and you will receive written reasons for key decisions.

• Neighbours and other NWT residents

  • Expect more local decision‑making by the Tłegǫ́hłı̨ Got’įnę on their lands, with clearer consultation duties for boards and ministers.

• People making information or privacy requests

  • Federal access to information and privacy laws will treat the Tłegǫ́hłı̨ Got’įnę Government like other governments. Information it shares in confidence may be protected, and certain personal information may be shared with it under existing rules.

Expenses#

Estimated annual cost: No publicly available information.

• The bill includes a formal authorization for federal spending to carry out the agreement.
• The Tłegǫ́hłı̨ Got’įnę Government may raise its own revenues (for example, property taxes or a First Nations GST) if it chooses.
• Administrative changes to federal boards and departments are expected to be handled within existing processes.

Proponents' View#

• It advances reconciliation by recognizing the inherent right of self‑government and implementing a modern treaty.
• Local people will make local laws, which can improve programs and services and reflect Tłegǫ́hłı̨ culture and priorities.
• Clear roles in land and water decisions add certainty for residents, industry, and governments.
• Aligns with the United Nations Declaration on the Rights of Indigenous Peoples by supporting self‑determination.
• Updates to tax, privacy, and access laws put the Tłegǫ́hłı̨ Government on equal footing with other governments.

Opponents' View#

• Costs to implement and fund a new government are unclear, and long‑term federal obligations may grow.
• Two sets of rules (federal/territorial and Tłegǫ́hłı̨) could add complexity for businesses working on Settlement Lands.
• Allowing Tłegǫ́hłı̨ laws to bypass the Statutory Instruments Act may reduce external scrutiny of those laws.
• Shifting court review from Federal Court to the NWT Supreme Court could limit national consistency in rulings.
• Protecting information shared by the Tłegǫ́hłı̨ Government under access and privacy laws may make some records harder for the public to obtain.