Bill C-34
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
|
ADMINISTRATION OF JUSTICE |
|
| Administratio
n of justice
|
14. Until an agreement respecting the
administration of justice is in effect between
a first nation named in Schedule II, 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,
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Supreme
Court of
Territory
|
15. (1) For greater certainty and subject to
section 14, the Supreme Court of the Yukon
Territory has jurisdiction in respect of any
action or proceeding arising out of this Act or
out of a self-government agreement of a first
nation named in Schedule II.
|
|
| Federal Court
of Canada
|
(2) Nothing in this Act shall be construed so
as to limit the jurisdiction of the Federal Court
of Canada.
|
|
|
|
LAWS OF GENERAL APPLICATION |
|
| Application of
general laws
|
16. Subject to sections 17 to 19 and
subsection 20(2), federal and territorial laws
apply to a first nation named in Schedule II, to
its citizens and in respect of its settlement
land.
|
|
| Indian Act
|
17. (1) Subject to subsections (2) and (3)
and section 22, the Indian Act does not apply
to a first nation named in Schedule II or to its
citizens.
|
|
| Idem
|
(2) The provisions of the Indian Act
respecting the registration of persons as
Indians and entitlement to registration as such
apply to citizens of a first nation.
|
|
| Idem
|
(3) Except as provided by the first nation's
final agreement in relation to the application
of section 87 of the Indian Act, the provisions
of that Act, except sections 74 to 80, apply to
a first nation named in Schedule II and to its
citizens
|
|
|
|
|
|
|
|
|
|
|
|
as if the first nation were a band and as if
citizens of the first nation registered or
entitled to be registered as Indians were
members of that band, within the meaning of
that Act.
|
|
| Income Tax
Act
|
18. (1) For the purposes of the Income Tax
Act, a first nation named in Schedule II is
deemed for a taxation year to be a public body
performing a function of government in
Canada as described in paragraph 149(1)(c) of
that Act where, at all times during the year, the
first nation satisfies the conditions set out in its
self-government agreement relating to
taxation of the first nation under that Act.
|
|
| Idem
|
(2) No tax is payable under the Income Tax
Act by a corporation described as a subsidiary
in the self-government agreement of a first
nation named in Schedule II on the
corporation's income, property or capital for
a taxation year where, at all times during the
year, the corporation satisfies the conditions
for exemption from such tax set out in the
self-government agreement.
|
|
| Yukon
enactments
|
19. (1) To the extent that a Yukon enactment
and a law enacted by a first nation make
provision for the same matter, the Yukon
enactment does not apply to the first nation, to
its citizens or in respect of its settlement land.
|
|
| Taxation
|
(2) Subsection (1) does not affect the
application of any Yukon enactment relating
to taxation.
|
|
| Partial
application
|
(3) Where, in the opinion of the Yukon
Government, subsection (1) renders a Yukon
enactment partially inapplicable and thereby
unreasonably alters the character of the Yukon
law, or makes it unduly difficult to administer
the Yukon enactment in relation to a first
nation named in Schedule II, its citizens or its
settlement land, the Yukon Government may
order that the Yukon enactment ceases to
apply in whole or in part to the first nation, to
its citizens or in respect of its settlement land.
|
|
| Emergencies
off settlement
land
|
20. (1) In relation to any of the matters
enumerated in Part II of Schedule III, where a
situation that occurs outside the settlement
land of a first nation named in Schedule II
poses an emergency to any citizen of the first
nation, the Yukon Government may, to the
extent provided by the self-government
agreement, exercise a power conferred by a
territorial law in order to relieve the
emergency, notwithstanding that a law
enacted by the first nation applies in respect of
the emergency.
|
|
| Emergencies
on settlement
land
|
(2) In relation to any of the matters
enumerated in Part II of Schedule III, where a
situation that occurs on the settlement land of
a first nation named in Schedule II poses an
emergency to any person who is not a citizen
of the first nation, the first nation may, to the
extent provided by its self-government
agreement, exercise a power under a law
enacted by the first nation in order to relieve
the emergency, notwithstanding that a federal
or territorial law applies in respect of the
emergency.
|
|
| Idem
|
(3) Notwithstanding subsections 19(1)
and (3), in relation to any of the matters
enumerated in Part III of Schedule III, where
an emergency that occurs on settlement land
of a first nation named in Schedule II has or is
likely to have an effect outside the settlement
land, territorial laws are applicable on the
settlement land in respect of the emergency.
|
|
| Actions taken
in good faith
|
(4) A person acting pursuant to
subsection (1) or (2) is not liable for any act
done in good faith in the reasonable belief that
the act was necessary to relieve an emergency.
|
|
| Definition of
``emergency''
|
(5) In this section, ``emergency'' means an
apprehended, imminent or actual danger to
health, safety or the environment.
|
|
|
|
DISPOSITION OF RESERVE LANDS |
|
| Existing
reserve lands
|
21. (1) Notwithstanding sections 37 to 41 of
the Indian Act, where the self-government
agreement of a first nation named in Schedule
II so provides, interests in lands previously
held for the use and benefit of a predecessor
band of the first nation shall be transferred to
the first nation in accordance with the
self-government agreement.
|
|
| Lands subject
to claims
|
(2) Notwithstanding sections 37 to 41 of the
Indian Act, where
|
|
|
|
|
|
|
|
|
|
|
|
interests in those lands shall be transferred or
recognized in accordance with the subsequent
agreement.
|
|
| Authority to
transfer
|
(3) The Governor in Council may take such
measures as are necessary to effect the transfer
or recognition of any interest in lands referred
to in subsection (1) or (2), or may authorize the
taking of such measures.
|
|
| Application of
this Act
|
(4) Except as otherwise provided in the
self-government agreement, this Act applies
in respect of lands in which an interest is
transferred or recognized under subsection (1)
or (2) as if those lands were settlement land of
the first nation.
|
|
| Application of
final
agreement
|
(5) The final agreement of a first nation
applies in respect of lands in which an interest
is transferred or recognized under
subsection (1) or (2) in the manner and to the
extent provided in the self-government
agreement.
|
|
| Application of
the Indian Act
|
22. (1) Subject to subsection (2), after a
self-government agreement referred to in
subsection 21(1) or a subsequent agreement
referred to in subsection 21(2) is brought into
effect, lands referred to in the self-government
agreement that were previously held by Her
Majesty for the use and benefit of a
predecessor band of the first nation, or lands
declared in the subsequent agreement to have
been so held, are not subject to the Indian Act.
|
|
| Idem
|
(2) Where a first nation's self-government
agreement provides that the Indian Act will
continue to apply in respect of lands referred
to in subsection (1), that Act continues to
apply in respect of those lands as if the first
nation were a band and as if citizens of the first
nation registered or entitled to be registered as
Indians were members of that band, within the
meaning of that Act.
|
|
| Taxation
|
(3) Notwithstanding subsection (1),
section 87 of the Indian Act applies, for a
period ending three years after the
commencement of this Act, in respect of
|
|
|
|
|
|
|
|
|
|
|
|
as if those lands were reserves of a band within
the meaning of that Act and as if the first
nation were such a band.
|
|
| Constitution
Act, 1867
|
(4) For greater certainty, lands in which an
interest is transferred or recognized under
section 21 remain lands reserved for the
Indians within the meaning of class 24 of
section 91 of the Constitution Act, 1867.
|
|
| Indemnificati
on
|
(5) A first nation shall indemnify Her
Majesty for any liability arising from the
transfer or recognition of lands under
section 21 or arising from the first nation's
management of those lands following their
transfer or recognition.
|
|
|
|
GENERAL |
|
| Conflicts rules
|
23. The rules of the conflict of laws apply in
respect of
|
|
|
|
|
|
|
|
|
|
| Funding
agreements
|
24. The Minister may, with the approval of
the Governor in Council and subject to
appropriations by Parliament, enter into an
agreement with a first nation named in
Schedule II for the provision of funding by the
Government of Canada to the first nation over
the period of time and subject to the terms and
conditions specified in the agreement.
|
|
| Deposit of
copies
|
25. The Minister shall cause a copy of each
self-government agreement that is brought
into effect and of any amendment made to
such an agreement, certified by the Minister to
be a true copy, to be deposited in
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Effect of
self-governme
nt agreement
|
26. For greater certainty, nothing in this Act
renders ineffective any provision, or any
amendment made to a provision, of a
self-government agreement for which specific
provision is not made in this Act.
|
|
| Consultation
|
27. Consultations shall be carried out with
first nations named in Schedule II, as provided
by their self-government agreements, in
connection with amendments to this Act.
|
|
| Orders and
regulations
|
28. The Governor in Council may make
such orders and regulations as are necessary to
implement the self-government agreement of
a first nation named in Schedule II.
|
|
|
|
TRANSITIONAL PROVISIONS |
|
| By-laws
remain in
force
|
29. Any by-law made under the Indian Act
by a predecessor band of a first nation, in force
immediately before the day the first nation's
self-government agreement is brought into
effect, applies to the first nation and to its
citizens as if the by-law were a law enacted by
the first nation, to the extent that the by-law
does not conflict with and is not inconsistent
with this Act or the constitution of the first
nation and is not amended or repealed by a law
enacted by the first nation after that day.
|
|
| Interim
powers of
councillors
|
30. Unless the members of a governing
body of a first nation named in Schedule II
have been selected before the day the first
nation's self-government agreement is
brought into effect, the persons who were the
chief and councillors of the predecessor band
of the first nation immediately before that day
shall be the members of the governing body
from that day until a governing body is
selected pursuant to the first nation's
constitution.
|
|
| Moneys held
for bands by
Her Majesty
|
31. Moneys held by Her Majesty for the use
and benefit of the predecessor band of a first
nation immediately before the first nation's
self-government agreement is brought into
effect, including moneys received in respect
of lands referred to in subsection 17(3), shall
be transferred from the Consolidated Revenue
Fund to the first nation as soon as practicable
after the first nation's self-government
agreement is brought into effect.
|
|
| Property of
minors and
mental
incompetents
|
32. (1) Notwithstanding subsection 17(1),
the Minister may continue to exercise any
authority under the Indian Act that the
Minister has, immediately before a first
nation's self-government agreement is
brought into effect, in relation to the
administration of the property of
|
|
|
|
|
|
|
|
|
|
| Transfer to
trustee
|
(2) The property of a person referred to in
subsection (1), including moneys held in the
Consolidated Revenue Fund, may be
transferred in trust for that person or that
person's estate on terms agreed to by the
Minister and the first nation.
|
|
|
|
CONSEQUENTIAL AMENDMENTS |
|