42-43 ELIZABETH II

CHAPTER 35

An Act respecting self-government for first nations in the Yukon Territory

[Assented to 7th July, 1994]

Preamble

WHEREAS representatives of Her Majesty the Queen in right of Canada, the Government of the Yukon Territory and the Council for Yukon Indians signed the Umbrella Final Agreement on May 29, 1993, the provisions of which are intended to be incorporated into final agreements for the settlement of land claims of first nations in the Yukon Territory;

WHEREAS the Champagne and Aishihik First Nations, the First Nation of Nacho Nyak Dun, the Teslin Tlingit Council and the Vuntut Gwitchin First Nation have each entered into a final agreement with Her Majesty and the Government of the Yukon Territory, incorporating the provisions of the Umbrella Final Agreement and including provisions specific to each first nation;

WHEREAS those final agreements provide that Her Majesty and the Government of the Yukon Territory are to enter into negotiations with those first nations for self-government agreements appropriate to the circumstances of each of them and in accordance with the Constitution of Canada;

WHEREAS self-government agreements have been concluded with those first nations, and have been signed on behalf of each first nation, Her Majesty and the Government of the Yukon Territory;

WHEREAS other first nations of the Yukon Territory may conclude self-government agreements;

AND WHEREAS the Government of Canada has undertaken to recommend to Parliament the enactment of legislation to bring self-government agreements into effect;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Yukon First Nations Self-Government Act.

INTERPRETATION

Definitions

2. In this Act,

``citizen''
« citoyen »

``citizen'', in relation to a first nation, means a citizen as determined in accordance with the constitution of the first nation;

``constitution' '
« constitution »

``constitution'' means the constitution of a first nation, as referred to in section 8;

``final agreement''
« accord définitif »

``final agreement'' means a land claims agreement for a first nation that includes provisions specific to the first nation and incorporates the provisions of the Umbrella Final Agreement, and includes any amendments made to it from time to time in accordance with its provisions;

``first nation''
« première nation »

``first nation'' means a first nation named in column II of Schedule I;

``Minister''
« ministre »

``Minister'' means the Minister of Indian Affairs and Northern Development;

``predecessor band''
« bande antérieure »

``predecessor band'', in relation to a first nation, means the band or bands, within the meaning of the Indian Act, named in column I of Schedule I opposite the name of the first nation appearing in column II of that Schedule;

``self-govern ment agreement''
« accord »

``self-government agreement'' means an agreement concluded by a first nation with Her Majesty the Queen in right of Canada and the Yukon Government respecting government by and for the first nation;

``settlement land''
« terres désignées »

``settlement land'' means land identified in a first nation's final agreement as settlement land of the first nation;

``Umbrella Final Agreement''
« accord-cadr e »

``Umbrella Final Agreement'' means the Umbrella Final Agreement signed on May 29, 1993 by representatives of the Council for Yukon Indians, Her Majesty the Queen in right of Canada and the Yukon Government, and includes any amendments made to it from time to time in accordance with its provisions;

``Yukon enactment''
« loi territoriale »

``Yukon enactment'' means a law of general application enacted pursuant to the Yukon Act;

``Yukon Government''
« gouverneme nt du Yukon »

``Yukon Government'' means the Commissioner of the Yukon Territory acting by and with the advice and consent of the Executive Council of that Territory.

Conflicts with other Acts

3. (1) Subject to subsection (2), in the event of a conflict or inconsistency between this Act and any other Act of Parliament, this Act prevails to the extent of the inconsistency or conflict.

Idem

(2) In the event of a conflict or inconsistency between this Act and the Yukon First Nations Land Claims Settlement Act or a final agreement or transboundary agreement, within the meaning of that Act, that Act or the final agreement or transboundary agreement prevails to the extent of the inconsistency or conflict.

PURPOSE AND EFFECT OF THIS ACT

Purpose

4. The purpose of this Act and orders of the Governor in Council made pursuant to this Act is to bring into effect self-government agreements concluded with first nations.

First agreements

5. (1) The self-government agreements of the Champagne and Aishihik First Nations, the First Nation of Nacho Nyak Dun, the Teslin Tlingit Council and the Vuntut Gwitchin First Nation, signed on May 29, 1993, are brought into effect on the day this Act comes into force.

Subsequent agreements

(2) Where a self-government agreement is concluded with a first nation after this Act comes into force, the Governor in Council may, by order, bring the agreement into effect and add the name of the first nation to Schedule II.

Notice

(3) The Minister shall publish in the Canada Gazette notice of the day on which a self-government agreement is brought into effect under subsection (2).

First nation succession

6. (1) When the self-government agreement of a first nation is brought into effect, the first nation, subject to sections 21 and 22, succeeds to the rights, titles, interests, obligations, assets and liabilities of its predecessor band and that band ceases to exist.

Recognition of band

(2) In the event that the members of the first nation known as the Ta'an Kwach'an Council are recognized by the Governor in Council or a court of competent jurisdiction as a band within the meaning of the Indian Act before the first nation's self-government agreement is brought into effect, the band so recognized is deemed to be the predecessor band of that first nation for the purposes of this Act.

FIRST NATION CONSTITUTIONS

Capacity of natural person

7. A first nation named in Schedule II is a legal entity having the capacity, rights, powers and privileges of a natural person.

First nation constitution

8. (1) The constitution of a first nation named in Schedule II shall, in a manner consistent with its self-government agreement, provide for

    (a) a citizenship code that includes the requirements for citizenship in the first nation and the procedure for determining whether a person is a citizen;

    (b) the governing bodies of the first nation and their composition, membership, powers, duties and procedures;

    (c) a system of reporting, by audits or otherwise, through which the governing bodies are financially accountable to citizens;

    (d) the recognition and protection of the rights and freedoms of citizens;

    (e) challenging the validity of the laws of the first nation and quashing invalid laws; and

    (f) the amendment of the constitution by the citizens.

Citizenship

(2) The citizenship code in the constitution of a first nation named in Schedule II shall entitle all persons who are enrolled in accordance with the eligibility and enrolment provisions of the first nation's final agreement to become citizens of the first nation.

Registering of constitution

(3) The constitution of a first nation named in Schedule II and every amendment to it shall be entered in the register of laws referred to in section 10 forthwith after the first nation's self-government agreement is brought into effect or forthwith after the adoption of the amendment, as the case may be.

Exercise of powers

9. (1) The powers of a first nation named in Schedule II shall be exercised in accordance with the first nation's constitution and, subject to subsection (2), by the bodies and persons specified in the constitution.

Delegation of powers

(2) Any power of a first nation named in Schedule II, including a power to enact laws, may be delegated by a law of the first nation to any other first nation or to any other body or person to the extent that the delegation is consistent with the first nation's constitution and self-government agreement.

FIRST NATION LAWS

Register of laws

10. (1) A first nation named in Schedule II shall maintain at its principal administrative office a register of laws, containing the constitution of the first nation and all laws enacted by the first nation, to which any person may have reasonable access during normal business hours.

Central registry

(2) First nations may establish a central registry of their constitutions and laws, to which any person may have reasonable access during normal business hours.

Registration of laws

(3) On the enactment of a law by a first nation named in Schedule II, the original of the law signed and dated by the person presiding over the body that enacted it shall be deposited in the first nation's register of laws and a copy of the law certified by that person to be a true copy shall be provided to the central registry established under subsection (2), if any.

Commenceme nt

(4) A law enacted by a first nation named in Schedule II comes into force at the beginning of the day following its enactment, or at such later time as is specified in the law.

Evidence

(5) In any proceedings, evidence of a law enacted by a first nation named in Schedule II may be given by the production of a copy of the law, certified to be a true copy by a person authorized by the first nation, without proof of that person's signature or official character.

Judicial notice

(6) In any proceedings, judicial notice may be taken of a law enacted by a first nation named in Schedule II that is held in a central registry established under subsection (2).

Statutory Instruments Act

(7) The Statutory Instruments Act does not apply in respect of laws enacted by a first nation.

Legislative powers

11. (1) A first nation named in Schedule II has, to the extent provided by its self-government agreement,

    (a) the exclusive power to enact laws in relation to the matters enumerated in Part I of Schedule III;

    (b) the power to enact laws applicable in the Yukon Territory in relation to the matters enumerated in Part II of Schedule III; and

    (c) the power to enact laws of a local or private nature applicable on the first nation's settlement land in relation to the matters enumerated in Part III of Schedule III.

Idem

(2) To the extent provided by the first nation's self-government agreement and subject to any limitations contained in it, a first nation named in Schedule II has the power to enact laws in relation to taxation as described in Part IV of Schedule III.

Administratio n of justice

(3) The power of a first nation under paragraph (1)(c) to enact laws in relation to the administration of justice is suspended until the earlier of

    (a) the effective date of an agreement respecting the administration of justice entered into between the parties to the first nation's self-government agreement, and

    (b) the expiration of any interim period provided by the self-government agreement for the purpose of reaching an agreement respecting the administration of justice.

Powers restricted on certain lands

12. (1) Where a first nation's self-government agreement so provides in relation to certain of its powers to enact laws, those powers may not be exercised in respect of portions of settlement land identified in the agreement.

Agreements with local governments

(2) Where a first nation's self-government agreement so provides, the Yukon Government or a municipal corporation in the Yukon Territory may agree to the exercise by the first nation of any of the powers referred to in subsection (1), for which that Government or corporation has responsibility, in respect of portions of settlement land identified in the agreement.

Offences

13. (1) The power of a first nation to enact laws in relation to any matter enumerated in Part II or III of Schedule III includes the power to establish offences punishable on summary conviction by fine or imprisonment or both.

Punishment

(2) The fine that may be imposed on a person convicted of an offence under a law of a first nation may not exceed $5,000 and the term of imprisonment that may be imposed for such an offence may not exceed six months, until an agreement respecting the administration of justice is in effect between the first nation, Her Majesty and the Yukon Government, or until the expiration of any interim period provided by the first nation's self-government agreement for the purpose of reaching such an agreement, whichever occurs earlier.