Bill C-33
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42-43 ELIZABETH II |
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CHAPTER 34 |
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An Act to approve, give effect to and declare
valid land claims agreements entered
into between Her Majesty the Queen in
right of Canada, the Government of the
Yukon Territory and certain first nations
in the Yukon Territory, to provide for
approving, giving effect to and declaring
valid other land claims agreements
entered into after this Act comes into
force, and to make consequential
amendments to other Acts
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[Assented to 7th July, 1994]
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| Preamble
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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;
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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;
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WHEREAS agreements may be entered
into with respect to aboriginal claims to lands
in British Columbia and the Northwest
Territories by persons enrolled under final
agreements as well as aboriginal claims to
lands in the Yukon Territory by certain people
outside the Yukon Territory;
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AND WHEREAS the Government of
Canada has undertaken to recommend to
Parliament the enactment of legislation for
approving, giving effect to and declaring valid
final agreements and transboundary
agreements;
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NOW, THEREFORE, Her Majesty, by and
with the advice and consent of the Senate and
House of Commons of Canada, enacts as
follows:
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the Yukon First
Nations Land Claims Settlement Act.
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INTERPRETATION |
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| Definitions
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2. In this Act,
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| ``final
agreement'' « accord définitif »
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``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;
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| ``first nation'' « première nation »
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``first nation'' means a first nation named in
the schedule;
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| ``settlement
land'' « terres désignées »
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``settlement land'' means land identified in a
first nation's final agreement as settlement
land of the first nation;
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| ``transbounda
ry
agreement'' « accord transfrontalier »
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``transboundary agreement'' means a
transboundary agreement as defined in final
agreements, and includes any amendments
made to it from time to time in accordance
with its provisions;
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| ``Umbrella
Final
Agreement'' « accord-cadr e »
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``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 Government of
the Yukon Territory, and includes any
amendments made to it from time to time in
accordance with its provisions.
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HER MAJESTY |
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| Binding on
Her Majesty
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3. This Act is binding on Her Majesty in
right of Canada or a province.
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LAND CLAIMS AGREEMENTS |
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| Four final
agreements
given effect
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4. Each of the following final agreements
entered into between Her Majesty the Queen
in right of Canada, the Government of the
Yukon Territory and the respective first
nation, signed on May 29, 1993, is hereby
approved, given effect and declared valid:
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| Future
agreements
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5. (1) The Governor in Council may, by
order, approve, give effect to and declare valid
any final agreement or transboundary
agreement entered into after this Act comes
into force.
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| Tabling
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(2) An order approving a final agreement or
transboundary agreement shall be laid before
the House of Commons on any of the first
thirty days on which that House is sitting after
the order is made.
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EFFECT OF AGREEMENTS |
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| Constitution
Act, 1982
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6. (1) A final agreement or transboundary
agreement that is in effect is a land claims
agreement within the meaning of section 35 of
the Constitution Act, 1982.
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| Third parties
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(2) For greater certainty, such an agreement
is binding on all persons and bodies that are
not parties to it.
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| Title to lands
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7. For greater certainty, a first nation for
which a final agreement is in effect has the
rights, title, obligations and liabilities in
respect of settlement land provided for in the
final agreement.
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| Rights and
duties
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8. For greater certainty, any person or body
has the powers, rights, privileges and benefits
conferred on the person or body by a final
agreement or transboundary agreement that is
in effect and shall perform the duties and is
subject to the liabilities imposed on the person
or body by the agreement.
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BOARDS, COMMISSIONS AND COUNCILS |
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| Bodies
constituted
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9. (1) For the purposes of carrying out their
objectives, the Yukon Land Use Planning
Council, the Yukon Heritage Resources
Board, the Yukon Geographical Place Names
Board, the Fish and Wildlife Management
Board and its salmon subcommittee, and the
Dispute Resolution Board, established under
final agreements, each have the capacity,
rights, powers and privileges of a natural
person.
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| Renewable
resources
councils
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(2) For the purposes of carrying out its
objectives, a renewable resources council
established under a final agreement that is in
effect has the capacity, rights, powers and
privileges of a natural person.
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| Kluane
National Park
Management
Board
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(3) For the purposes of carrying out its
objectives, the Kluane National Park
Management Board established under the
Champagne and Aishihik First Nations Final
Agreement has the capacity, rights, powers
and privileges of a natural person.
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| Other bodies
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(4) For the purposes of carrying out its
objectives, any body established under a final
agreement or transboundary agreement
entered into after this Act comes into force
has, to the extent provided by the agreement,
the capacity, rights, powers and privileges of
a natural person from the day the agreement is
given effect.
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| Settlement
corporations
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10. A charter may be granted under
subsection 154(1) of the Canada
Corporations Act establishing a settlement
corporation, referred to in a final agreement
that is in effect, to carry on, with pecuniary
gain to its members, the activities permitted
by the agreement.
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| Status of
Enrollment
Commission
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11. (1) For the purposes of carrying out its
objectives, the Enrollment Commission
established on July 1, 1989 has the capacity,
rights, powers and privileges of a natural
person.
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| Idem
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(2) The Enrollment Commission is deemed
to have had, since it was established, the
jurisdiction, power and authority provided by
final agreements, other than the powers
referred to in subsection (3).
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| Power to
compel
evidence
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(3) The Enrollment Commission has the
powers provided in the Public Inquiries Act
(Yukon), as amended from time to time, to
direct and compel the production of
documents and the attendance of witnesses,
other than a minister of the Crown in right of
Canada or a member of the Executive
Council, as defined in the Interpretation Act
(Yukon), as amended from time to time.
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| Enforcement
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(4) An order or decision of the Enrollment
Commission made before or after this Act
comes into force may be filed in the Supreme
Court of the Yukon Territory, and when so
filed may be enforced as an order of that
Court.
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| Enrollment
committees
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(5) An enrollment committee established
by a first nation has the powers required to
carry out its responsibilities as referred to in
final agreements.
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APPLICATION OF LAWS AND AGREEMENTS |
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| Indian Act
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12. When a final agreement is given effect,
the Indian Act ceases to apply in respect of any
reserve, within the meaning of that Act, that is
identified in the agreement as settlement land.
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| Laws of
general
application
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13. (1) Subject to subsections (2) and (3),
federal and territorial laws, including the
Yukon First Nations Self-Government Act,
apply to a first nation for which a final
agreement is in effect, to persons enrolled
under such an agreement and in respect of
settlement land of the first nation.
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| Conflict of
agreements
with laws
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(2) In the event of a conflict or
inconsistency between a final agreement or
transboundary agreement that is in effect and
any federal or territorial law, including this
Act, the agreement prevails to the extent of the
conflict or inconsistency.
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| Conflict of
Act with other
Acts
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(3) In the event of a conflict or
inconsistency between this Act and any other
enactment, this Act prevails to the extent of
the conflict or inconsistency.
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| Conflict
within final
agreement
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(4) In the event of a conflict or
inconsistency between provisions of the
Umbrella Final Agreement incorporated in a
final agreement that is in effect and provisions
of the final agreement that are specific to the
first nation, the provisions of the Umbrella
Final Agreement prevail to the extent of the
conflict or inconsistency.
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| Conflict with
I.F.A.
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(5) In the event of a conflict or
inconsistency between the Inuvialuit Final
Agreement, as it read on March 31, 1993, and
a final agreement or transboundary agreement
that is in effect, the Inuvialuit Final
Agreement prevails to the extent of the
conflict or inconsistency.
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| Interpretation
of this Act
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(6) Where there is doubt as to the meaning
of any provision of this Act, a final agreement
or transboundary agreement that is in effect
may be examined as an aid to interpretation.
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APPROPRIATION |
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| Payments out
of C.R.F.
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14. There shall be paid out of the
Consolidated Revenue Fund the sums that are
required to meet the monetary obligations of
Canada under chapter 19 of each final
agreement that is given effect by section 4, and
under the corresponding provisions of each
final agreement that is given effect under
section 5.
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DEPOSIT |
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| Agreements
and
amendments
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15. The Minister of Indian Affairs and
Northern Development shall cause a certified
copy of each final agreement and
transboundary agreement that is given effect
by or under this Act, and of any amendments
made to such an agreement, to be deposited in
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CONSULTATION |
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| Consultation
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16. Consultations referred to in
clause 20.6.3 of a final agreement in
connection with measures necessary for the
purpose of giving effect to clause 20.6.1 or
20.6.2 of the agreement shall be carried out in
the manner provided by the agreement.
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POWERS OF GOVERNOR IN COUNCIL |
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| Orders and
regulations
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17. The Governor in Council may make
such orders and regulations as are necessary
for the purpose of carrying out any provision
of a final agreement or transboundary
agreement that is in effect.
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CONSEQUENTIAL AMENDMENTS |
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| R.S., c. N-14
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National Parks Act |
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18. The title of Part XI of Schedule I to the
National Parks Act is replaced by the
following:
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NATIONAL PARKS IN THE YUKON TERRITORY |
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19. Part XI of Schedule I to the Act is
amended by adding the following
descriptions:
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