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Bill C-51

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First Session, Forty-fourth Parliament,

70-71 Elizabeth II – 1 Charles III, 2021-2022-2023

HOUSE OF COMMONS OF CANADA

BILL C-51
An Act to give effect to the self-government treaty recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate and to make consequential amendments to other Acts
FIRST READING, June 16, 2023

MINISTER OF CROWN-INDIGENOUS RELATIONS
91140


SUMMARY

This enactment gives effect to the treaty entitled “A Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate” and makes consequential amendments to other Acts.

Available on the House of Commons website at the following address:
www.ourcommons.ca


TABLE OF PROVISIONS

An Act to give effect to the self-government treaty recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate and to make consequential amendments to other Acts
  

Preamble

Short Title
1 

Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act

Interpretation
2 

Definitions

3 

Status of Treaty

Treaty
4 

Treaty given effect

5 

Treaty prevails

Whitecap Dakota Nation
6 

Capacity, rights, powers and privileges

Whitecap Dakota Laws
7 

Third parties

Taxation
8 

Tax Treatment Agreement

9 

Clarification

Application of Other Acts
10 

Indian Act

11 

Statutory Instruments Act

General
12 

Judicial notice — Treaty and Tax Treatment Agreement

13 

Judicial notice — Whitecap Dakota law

14 

Federal Courts Act

15 

Notice

16 

Retroactive effect

17 

Orders and regulations

Consequential Amendments
18 

Access to Information Act

19 

Payments in Lieu of Taxes Act

20 

Privacy Act

22 

First Nations Goods and Services Tax Act

24 

First Nations Fiscal Management Act

Coming into Force
25 

Order in council



1st Session, 44th Parliament,

70-71 Elizabeth II – 1 Charles III, 2021-2022-2023

HOUSE OF COMMONS OF CANADA

BILL C-51

An Act to give effect to the self-government treaty recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate and to make consequential amendments to other Acts

Preamble

Whereas the Whitecap Dakota Nation and the Government of Canada recognize distinctive historical relationships between certain Dakota communities and the Crown based on, at various times, treaties or alliances of peace and friendship;

Whereas the Whitecap Dakota Nation is an Indigenous people of Canada;

Whereas the Government of Canada recognizes that the inherent right of self-government is a right of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982 and that the Whitecap Dakota Nation has that inherent right;

Whereas the Whitecap Dakota Nation and the Government of Canada are committed to achieving reconciliation through a renewed nation-to-nation relationship based on respect, cooperation, partnership and the recognition of the Whitecap Dakota Nation’s rights;

Whereas the Whitecap Dakota Nation aspires to participate fully in the economic, social, political and cultural aspects of Canadian society in a way that preserves and enhances the collective identity of Whitecap Dakota members as a self-sufficient and sustainable community now and into the future;

Whereas the Whitecap Dakota First Nation members have approved the treaty entitled “A Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate”;

Whereas the Treaty was signed on May 2, 2023 on behalf of the Whitecap Dakota First Nation and His Majesty in right of Canada;

Whereas the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples and the Whitecap Dakota Nation and the Government of Canada view the Treaty as contributing to the implementation of that Declaration;

And whereas the Treaty requires the coming into force of an Act of Parliament that gives effect to it;

Now therefore, His 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 Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act.

Interpretation

Definitions

2 The following definitions apply in this Act.

federal law has the same meaning as in 1.‍01 of the Treaty.‍ (règle de droit fédérale)

Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982.‍ (peuples autochtones du Canada)

Tax Treatment Agreement means the tax treatment agreement, as amended from time to time in accordance with its provisions, that is referred to in 11.‍16 of the Treaty.‍ (accord sur le traitement fiscal)

Treaty means the treaty entitled “A Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate,” signed on behalf of the Whitecap Dakota First Nation and His Majesty in right of Canada on May 2, 2023, as amended from time to time in accordance with its provisions.‍ (traité)

Whitecap Dakota Government has the same meaning as in 1.‍01 of the Treaty.‍ (gouvernement des Dakotas de Whitecap)

Whitecap Dakota institution has the meaning assigned by the definition WDN Institution in 1.‍01 of the Treaty.‍ (institution)

Whitecap Dakota law has the meaning assigned by the definition WDN Law in 1.‍01 of the Treaty.‍ (loi de la nation)

Whitecap Dakota member has the meaning assigned by the definition WDN Member in 1.‍01 of the Treaty.‍ (membre)

Whitecap Dakota Nation has the meaning assigned by the definition WDN in 1.‍01 of the Treaty.‍ (Nation dakota de Whitecap)

Whitecap Dakota reserve lands has the meaning assigned by the definition WDN Reserve Lands in 1.‍01 of the Treaty.‍ (terres de réserve)

Status of Treaty

3 For greater certainty, the Treaty is a treaty within the meaning of sections 25 and 35 of the Constitution Act, 1982.

Treaty

Treaty given effect

4 (1) The Treaty is approved, given effect and declared valid and has the force of law.

Rights and obligations

(2) For greater certainty, a person or entity has the powers, rights, privileges and benefits conferred on the person or entity by the Treaty and must perform the duties, and is subject to the liabilities, imposed on the person or entity by the Treaty.

Third parties

(3) For greater certainty, the Treaty is binding on, and may be relied on by, all persons and entities.

Treaty prevails

5 (1) In the event of any conflict between the Treaty and this Act or any other federal law, the Treaty prevails to the extent of the conflict.

Act prevails

(2) In the event of any conflict between this Act and any other federal law, this Act prevails to the extent of the conflict.

Whitecap Dakota Nation

Capacity, rights, powers and privileges

6 (1) The Whitecap Dakota Nation is a legal entity and has, subject to the Treaty, the capacity, rights, powers and privileges of a natural person.

Vesting of rights, interests, etc.

(2) On the coming into effect of the Treaty, all rights, interests, assets and obligations of the Whitecap Dakota First Nation as a band, within the meaning of the Indian Act, vest in the Whitecap Dakota Nation.

Whitecap Dakota Government

(3) The Whitecap Dakota Nation exercises the power and authority to make laws, carries out other government functions and otherwise exercises power or authority through the Whitecap Dakota Government.

Whitecap Dakota Laws

Third parties

7 Subject to the Treaty, Whitecap Dakota laws are binding on and may be relied on by all persons and entities, the Whitecap Dakota Nation, the Whitecap Dakota Government and Whitecap Dakota institutions.

Taxation

Tax Treatment Agreement

8 On the day on which the Tax Treatment Agreement comes into effect by application of 11.‍16 of the Treaty, that Agreement is approved, given effect and declared valid. That Agreement has the force of law during the period in which it is in effect.

Clarification

9 The Tax Treatment Agreement does not form part of the Treaty and it is not a treaty or a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.

Application of Other Acts

Indian Act

10 Subject to the Treaty, the Indian Act does not apply to the Whitecap Dakota Nation, the Whitecap Dakota Government, Whitecap Dakota members or Whitecap Dakota reserve lands.

Statutory Instruments Act

11 The Statutory Instruments Act does not apply to Whitecap Dakota laws.

General

Judicial notice — Treaty and Tax Treatment Agreement

12 (1) Judicial notice must be taken of the Treaty and the Tax Treatment Agreement.

Publication

(2) The Treaty and the Tax Treatment Agreement must be published by the King’s Printer.

Evidence

(3) A copy of the Treaty or the Tax Treatment Agreement published by the King’s Printer is evidence of that Treaty or that Agreement, and of its contents, and a copy purporting to be published by the King’s Printer is presumed to be so published unless the contrary is shown.

Judicial notice — Whitecap Dakota law

13 (1) Judicial notice must be taken of any Whitecap Dakota law that is registered in the public registry referred to in 5.‍12 of the Treaty.

Evidence

(2) A copy of any Whitecap Dakota law purporting to be registered in the public registry referred to in 5.‍12 of the Treaty is evidence of that law and of its contents, unless the contrary is shown.

Federal Courts Act

14 (1) A decision-making body established under a Whitecap Dakota law, including a Whitecap Dakota institution, is not a federal board, commission or other tribunal as defined in subsection 2(1) of the Federal Courts Act.

Saskatchewan Court of King’s Bench

(2) The Saskatchewan Court of King’s Bench has jurisdiction to

  • (a) make orders and issue injunctions and declaratory relief against a decision-making body referred to in subsection (1); and

  • (b) undertake judicial review of the decisions of that decision-making body, provided that all review mechanisms set out in Whitecap Dakota laws have been exhausted.

Notice

15 (1)  If an issue arises in any judicial or administrative proceeding in respect of the interpretation, validity or applicability of the Treaty, of this Act or of any Whitecap Dakota law, then the issue must not be decided until the party raising the issue has served notice

  • (a) on the Attorney General of Canada and the Whitecap Dakota Government, in the case of a provision of the Treaty or this Act; and

  • (b) on the Whitecap Dakota Government, in the case of a provision of a Whitecap Dakota law.

Content and timing

(2) The notice must be served at least 14 days before the day on which the issue is to be argued, unless the court or tribunal authorizes a shorter period, and must identify

  • (a) the proceeding;

  • (b) the subject matter of the issue;

  • (c) the particulars that are necessary to show the point to be argued; and

  • (d) the day on which the issue is to be argued.

Participation

(3) The recipient of a notice under subsection (1) may appear and participate in the proceeding as a party with the same rights as any other party.

Clarification

(4) For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required.

Retroactive effect

16 Despite subsection 4(1), Chapter 33 and Schedule B of the Treaty are deemed to have effect as of August 22, 2022.

Orders and regulations

17 (1) The Governor in Council may make any orders and regulations that the Governor in Council considers necessary for the purpose of carrying out any of the provisions of the Treaty, of the Tax Treatment Agreement or of any other agreements that are related to the implementation of the Treaty.

First Nations Fiscal Management Act

(2) For the purpose of enabling the Whitecap Dakota Nation to benefit from the provisions of the First Nations Fiscal Management Act or obtain the services of any body established under that Act, the Governor in Council may make any regulations that the Governor in Council considers necessary, including regulations

  • (a) adapting any provision of that Act or of any regulation made under that Act; and

  • (b) restricting the application of any provision of that Act or of any regulation made under that Act.

Consequential Amendments

R.‍S.‍, c. A-1

Access to Information Act

18 Subsection 13(3) of the Access to Information Act is amended by adding the following after paragraph (h):

  • Start of inserted block

    (h.‍1) the Whitecap Dakota Government, as defined in section 2 of the Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act;

    End of inserted block

R.‍S.‍, c. M-13

Payments in Lieu of Taxes Act

19 The definition taxing authority in subsection 2(1) of the Payments in Lieu of Taxes Act is amended by striking out “or” at the end of paragraph (i), by adding “or” at the end of paragraph (j) and by adding the following after paragraph (j):

  • Start of inserted block

    (k) the Whitecap Dakota Government, as defined in section 2 of the Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act, if it levies and collects a real property tax or a frontage or area tax in respect of Whitecap Dakota reserve lands, as defined in section 2 of that Act.

    End of inserted block

R.‍S.‍, c. P-21

Privacy Act

20 (1) Paragraph 8(2)‍(f) of the Privacy Act is amended by adding the following after subparagraph (vii):

  • Start of inserted block

    (vii.‍1) the Whitecap Dakota Government, as defined in section 2 of the Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act;

    End of inserted block

(2) Subsection 8(7) of the Act is amended by adding the following after paragraph (h):

  • Start of inserted block

    (h.‍1) the Whitecap Dakota Government, as defined in section 2 of the Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act;

    End of inserted block

21 Subsection 19(1) of the Act is amended by adding the following after paragraph (e):

  • Start of inserted block

    (e.‍1) the Whitecap Dakota Government, as defined in section 2 of the Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act;

    End of inserted block

2003, c. 15, s. 67

First Nations Goods and Services Tax Act

22 (1) Column 1 of Schedule 1 to the First Nations Goods and Services Tax Act is amended by replacing “Whitecap Dakota First Nation” with “Whitecap Dakota Nation”.

(2) Column 2 of Schedule 1 to the Act is amended by replacing “Council of the Whitecap Dakota First Nation” with “Whitecap Dakota Council”.

(3) Column 3 of Schedule 1 to the Act is amended by replacing “Reserve of the Whitecap Dakota First Nation” with “Whitecap Dakota reserve lands, as defined in the Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act”.

23 (1) Column 1 of Schedule 2 to the Act is amended by replacing “Whitecap Dakota First Nation” with “Whitecap Dakota Nation”.

(2) Column 2 of Schedule 2 to the Act is amended by replacing “Council of the Whitecap Dakota First Nation” with “Whitecap Dakota Council”.

(3) Column 3 of Schedule 2 to the Act is amended by replacing “Reserve of the Whitecap Dakota First Nation” with “Whitecap Dakota reserve lands, as defined in the Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act”.

2005, c. 9; 2012, c. 19, s. 658

First Nations Fiscal Management Act

24 The schedule to the First Nations Fiscal Management Act is amended by deleting the following:

Whitecap Dakota First Nation

Coming into Force

Order in council

25 This Act, other than section 16, comes into force on a day to be fixed by order of the Governor in Council.

Published under authority of the Speaker of the House of Commons


EXPLANATORY NOTES

Access to Information Act
Clause 18: Relevant portion of subsection 13(3):

(3) The expression aboriginal government in paragraph (1)‍(e) means

Payments in Lieu of Taxes Act
Clause 19: Relevant portion of the definition:

taxing authority means

Privacy Act
Clause 20: (1) Relevant portion of subsection 8(2):

(2) Subject to any other Act of Parliament, personal information under the control of a government institution may be disclosed

  • .‍.‍. 

  • (f) for the purpose of administering or enforcing any law or carrying out a lawful investigation, under an agreement or arrangement between the Government of Canada or any of its institutions and any of the following entities or any of their institutions:

(2) Relevant portion of subsection 8(7):

(7) The expression aboriginal government in paragraph (2)‍(k) means

Clause 21: Relevant portion of subsection 19(1):

19 (1) Subject to subsection (2), the head of a government institution shall refuse to disclose any personal information requested under subsection 12(1) that was obtained in confidence from


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