Chapter 11 - Nisga'a Government

SELF-GOVERNMENT

1. The Nisga'a Nation has the right to self-government, and the authority to make laws, as set out in this Agreement.

RECOGNITION OF NISGA;A LISIMS GOVERNMENT AND NISGA'A VILLAGE GOVERNMENTS 

2. Nisga';a Lisims Government and Nisga'a Village Governments, as provided for under the Nisga'a Constitution, are the governments of the Nisga'a Nation and the Nisga'a Villages, respectively.
   
   
   
3. Except as may otherwise be agreed to by the relevant Parties in respect of particular matters, Nisga'a Lisims Government is responsible for intergovernmental relations between the Nisga'a Nation on the one hand, and Canada or British Columbia, or both, on the other hand.
   
   
4. The exercise of Nisga'a Government jurisdiction and authority set out in this Agreement will evolve over time.

LEGAL STATUS AND CAPACITY

5. The Nisga'a Nation, and each Nisga'a Village, is a separate and distinct legal entity, with the capacity, rights, powers, and privileges of a natural person, including to:
1. enter into contracts and agreements;
2. acquire and hold property or an interest in property, and sell or otherwise dispose of that property or interest;
3. raise, spend, invest, or borrow money;
4. sue and be sued; and
5. do other things ancillary to the exercise of its rights, powers and privileges.

6. The rights, powers, and privileges of the Nisga'a Nation, and of each Nisga'a Village, will be exercised in accordance with:
1. this Agreement;
2. the Nisga'a Constitution; and
3. Nisga'a laws.

7. The Nisga'a Nation will act through Nisga'a Lisims Government in exercising its rights, powers, and privileges and in carrying out its duties, functions, and obligations.
   
   
8. Each Nisga'a Village will act through its Nisga'a Village Government in exercising its rights, powers, and privileges and in carrying out its duties, functions, and obliga­tions.

NISGA'A CONSTITUTION

9. The Nisga'a Nation will have a Nisga'a Constitution, consistent with this Agreement, which will:
1. provide for Nisga'a Lisims Government and Nisga'a Village Governments, including their duties, composition, and membership;
2. provide that this Agreement sets out the authority of Nisga'a Government to make laws;
3. assign to Nisga'a Lisims Government and Nisga'a Village Governments the rights, powers, privileges, and responsibilities under this Agreement that are not specifically assigned to Nisga'a Lisims Government;
4. provide for the enactment of laws by Nisga'a Government;
5. provide for challenging the validity of Nisga'a laws;
6. provide for the creation, continuation, amalgamation, dissolution, naming, or renaming of:
1. Nisga'a Villages on Nisga'a Lands, and
2. Nisga'a Urban Locals;
7. provide for Nisga'a Urban Locals, or other means by which Nisga'a citizens residing outside of the Nass Area may participate in Nisga'a Lisims Government;
8. provide for the establishment of Nisga'a Public Institutions;
9. provide for the role of the Nisga'a elders, Simgigat and Sigidimhaanak, in providing guidance and interpretation of the Ayuuk to Nisga'a Government;
10. provide that in the event of an inconsistency or conflict between the Nisga'a Constitution and the provisions of any Nisga'a law, the Nisga'a law is, to the extent of the inconsistency or conflict, of no force or effect;
11. require that Nisga'a Government be democratically accountable to Nisga'a citizens, and, in particular:
1. that elections for Nisga'a Lisims Government and each Nisga'a Village Government be held at least every five years, and
2. that, subject to residency, age, and other requirements set out in the Nisga'a Constitution or Nisga'a law, all Nisga'a citizens are eligible to vote in Nisga'a elections and to hold office in Nisga'a Government;
   
12. require a system of financial administration comparable to standards generally accepted for governments in Canada, through which Nisga'a Lisims Government will be financially accountable to Nisga'a citizens, and Nisga'a Village Governments will be financially accountable to Nisga'a citizens of those Nisga'a Villages;
13. require conflict of interest rules that are comparable to standards generally accepted for governments in Canada;
14. provide conditions under which the Nisga'a Nation or a Nisga'a Village may:
1. dispose of the whole of its estate or interest in any parcel of Nisga'a Lands or Nisga'a Fee Simple Lands, and
2. from the whole of its estate or interest, create or dispose of any lesser estate or interest in any parcel of Nisga'a Lands or Nisga'a Fee Simple Lands;
15. recognize and protect rights and freedoms of Nisga'a citizens;
16. provide that every Nisga'a participant who is a Canadian citizen or permanent resident of Canada is entitled to be a Nisga'a citizen;
17. provide for Nisga'a Government during the period from the effective date until the date on which the office holders elected in the first Nisga'a elections take office;
18. provide for amendment of the Nisga'a Constitution; and
19. include other provisions, as determined by the Nisga'a Nation.
    
    
10. The Nisga'a Constitution, as approved in accordance with the Ratification Chapter, comes into force on the effective date.
    
    
11. The Nisga'a Constitution will initially include an amending procedure requiring that an amendment be approved by at least 70% of Nisga'a citizens voting in a referendum.

NISGA’A GOVERNMENT STRUCTURE 

12. Each Nisga'a Village Government consists of elected members as set out in the Nisga'a Constitution.
    
    
13. On the effective date, there are three Nisga'a Urban Locals, as set out in the Nisga'a Constitution, known as:
1. Greater Vancouver Urban Local;
2. Terrace Urban Local; and
3. Prince Rupert/Port Edward Urban Local.
   
   
14. Nisga’a Lisims Government consists of the following members, as set out in the Nisga’a Constitution:
1. at least three officers elected by the Nisga’a Nation in a general election;
2. the elected members of the Nisga’a Village Governments; and
3. at least one representative elected by the Nisga’a citizens of each Nisga’a Urban Local.