Bill C-34
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42-43 ELIZABETH II |
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CHAPTER 35 |
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An Act respecting self-government for first
nations in the Yukon Territory
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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 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;
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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;
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WHEREAS other first nations of the Yukon
Territory may conclude self-government
agreements;
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AND WHEREAS the Government of
Canada has undertaken to recommend to
Parliament the enactment of legislation to
bring self-government agreements into effect;
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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 Self-Government Act.
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INTERPRETATION |
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| Definitions
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2. In this Act,
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| ``citizen'' « citoyen »
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``citizen'', in relation to a first nation, means
a citizen as determined in accordance with
the constitution of the first nation;
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| ``constitution'
' « constitution »
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``constitution'' means the constitution of a
first nation, as referred to in section 8;
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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
column II of Schedule I;
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| ``Minister'' « ministre »
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``Minister'' means the Minister of Indian
Affairs and Northern Development;
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| ``predecessor
band'' « bande antérieure »
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``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;
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| ``self-govern
ment
agreement'' « accord »
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``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;
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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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| ``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 Yukon
Government, and includes any
amendments made to it from time to time in
accordance with its provisions;
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| ``Yukon
enactment'' « loi territoriale »
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``Yukon enactment'' means a law of general
application enacted pursuant to the Yukon
Act;
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| ``Yukon
Government'' « gouverneme nt du Yukon »
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``Yukon Government'' means the
Commissioner of the Yukon Territory
acting by and with the advice and consent of
the Executive Council of that Territory.
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| Conflicts with
other Acts
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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.
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| Idem
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(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.
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PURPOSE AND EFFECT OF THIS ACT |
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| Purpose
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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.
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| First
agreements
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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.
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| Subsequent
agreements
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(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.
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| Notice
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(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).
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| First nation
succession
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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.
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| Recognition
of band
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(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.
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FIRST NATION CONSTITUTIONS |
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| Capacity of
natural person
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7. A first nation named in Schedule II is a
legal entity having the capacity, rights, powers
and privileges of a natural person.
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| First nation
constitution
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8. (1) The constitution of a first nation
named in Schedule II shall, in a manner
consistent with its self-government
agreement, provide for
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| Citizenship
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(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.
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| Registering of
constitution
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(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.
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| Exercise of
powers
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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.
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| Delegation of
powers
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(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.
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FIRST NATION LAWS |
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| Register of
laws
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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.
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| Central
registry
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(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.
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| Registration
of laws
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(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.
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| Commenceme
nt
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(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.
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| Evidence
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(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.
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| Judicial notice
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(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).
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| Statutory
Instruments
Act
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(7) The Statutory Instruments Act does not
apply in respect of laws enacted by a first
nation.
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| Legislative
powers
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11. (1) A first nation named in Schedule II
has, to the extent provided by its
self-government agreement,
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| Idem
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(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.
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| Administratio
n of justice
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(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
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| Powers
restricted on
certain lands
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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.
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| Agreements
with local
governments
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(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.
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| Offences
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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.
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| Punishment
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(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.
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