Bill C-16

2nd Session, 41st Parliament,

62 Elizabeth II, 2013

house of commons of canada

BILL C-16

An Act to give effect to the Governance Agreement with Sioux Valley Dakota Nation and to make consequential amendments to other Acts

Whereas Sioux Valley Dakota Nation and the Government of Canada have negotiated the Governance Agreement, and by the Agreement intend to provide for a government-to-government relationship within the framework of the Constitution of Canada;

Whereas Sioux Valley Dakota Nation, the Government of Canada and the Government of Manitoba have negotiated the Tripartite Governance Agreement, and in that agreement Her Majesty in right of Manitoba recognizes and concurs with the Agreement;

Whereas, on August 30, 2013, the Agreement was signed on behalf of Sioux Valley Dakota Nation and Her Majesty in right of Canada and the Tripartite Governance Agreement was signed on behalf of Sioux Valley Dakota Nation, Her Majesty in right of Canada and Her Majesty in right of Manitoba;

And whereas, under the Agreement, the Government of Canada is to recommend to Parliament the legislation necessary to give effect to the Agreement;

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

1. This Act may be cited as the Sioux Valley Dakota Nation Governance Act.

INTERPRETATION

2. (1) In this Act, “Agreement” means the Governance Agreement signed on behalf of Sioux Valley Dakota Nation and Her Majesty in right of Canada on August 30, 2013 and includes any amendments made to it from time to time in accordance with its provisions.

(2) In this Act, “Initial Sioux Valley Dakota Nation Land Law”, “Sioux Valley Dakota Nation Lands”, “Sioux Valley Dakota Nation Law”, “Sioux Valley Dakota Oyate Government” and “Tripartite Governance Agreement” have the same meaning as in the Agreement.

AGREEMENT

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

(2) For greater certainty, the Agreement is binding on, and may be relied on by, all persons and bodies.

4. (1) The Agreement prevails over this Act and any other federal law to the extent of any inconsistency between them.

(2) This Act prevails over any other federal law to the extent of any conflict between them.

SIOUX VALLEY DAKOTA NATION

5. (1) Sioux Valley Dakota Nation is a legal entity and, without restricting the generality of the foregoing, has the capacity, rights, powers and privileges of a natural person and the capacity to have standing in any legal proceeding involving

(a) any aboriginal or treaty rights of Sioux Valley Dakota Nation, including those rights that may be exercised by individuals;

(b) other rights of Sioux Valley Dakota Nation; or

(c) the rights of Sioux Valley Dakota Nation citizens.

(2) Sioux Valley Dakota Nation exercises the power and authority to make laws, carries out other government functions and otherwise exercises power or authority through Sioux Valley Dakota Oyate Government.

(3) On the coming into effect of the Agreement, all rights, interests, assets and obligations of Sioux Valley Dakota Nation as a “band”, as defined in the Indian Act, vest in Sioux Valley Dakota Nation.

6. (1) Sioux Valley Dakota Nation Laws that are made in accordance with the Agreement have the force of law.

(2) In the event of any inconsistency between a Sioux Valley Dakota Nation Law and a federal law, the provisions of the Agreement relating to that inconsistency apply.

(3) For greater certainty, any person or body has the powers, rights, privileges and benefits that are conferred on that person or body by a Sioux Valley Dakota Nation Law and must perform the duties, and is subject to the liabilities, that are imposed on the person or body by that law.

APPLICATION OF OTHER ACTS

7. (1) The Indian Act ceases to apply to Sioux Valley Dakota Nation, to Sioux Valley Dakota Nation Lands and to persons found on those lands to the extent, in the manner and in the circumstances provided for in the Agreement.

(2) Sioux Valley Dakota Nation Laws are not by-laws for the purposes of the Indian Act.

8. On the coming into effect of a Sioux Valley Dakota Nation Law that deals with subject matters that are the same as, or similar to, those dealt with by the Indian Oil and Gas Act, that Act ceases to apply to Sioux Valley Dakota Nation, to Sioux Valley Dakota Nation Lands and to royalties from oil and gas taken from those lands.

9. Sioux Valley Dakota Nation Laws are not statutory instruments for the purposes of the Statutory Instruments Act.

10. Sioux Valley Dakota Oyate Government and any entity, including a board, commission, tribunal, council or other body or office, established under a Sioux Valley Dakota Nation Law are not federal institutions as defined in subsection 3(1) of the Official Languages Act.

GENERAL

11. (1) Judicial notice must be taken of the Agreement and the Tripartite Governance Agreement.

(2) The Agreement and the Tripartite Governance Agreement must be published by the Queen’s Printer.

(3) A copy of the Agreement or the Tripartite Governance Agreement published by the Queen’s Printer is evidence of that agreement and of its contents and a copy purporting to be published by the Queen’s Printer is, unless the contrary is shown, proof that it was so published.

12. (1) Judicial notice must be taken of a Sioux Valley Dakota Nation Law that is registered in the public registry of laws maintained by Sioux Valley Dakota Nation in accordance with the Agreement.

(2) A copy of a Sioux Valley Dakota Nation Law purporting to be registered in the public registry of laws maintained by Sioux Valley Dakota Nation in accordance with the Agreement is evidence of that law and of its contents, unless the contrary is shown.

13. (1) A decision-making body established under a Sioux Valley Dakota Nation Law is not a federal board, commission or other tribunal as defined in subsection 2(1) of the Federal Courts Act.

(2) The Manitoba Court of Queen’s Bench has jurisdiction to

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

(b) undertake judicial review of the decisions of a decision-making body referred to in subsection (1).

14. (1) If an issue arises in any judicial or administrative proceeding in respect of the interpretation or validity of the Agreement or the Tripartite Governance Agreement or in respect of the validity or applicability of this Act, the Manitoba legislation that gives effect to the Agreement or any Sioux Valley Dakota Nation Law, then the issue must not be decided unless the party raising the issue has served on the Attorney General of Canada, the Attorney General of Manitoba and Sioux Valley Dakota Nation notice that is in accordance with subsection (2).

(2) The notice must be served at least 14 days before the day of argument of the issue, unless the court or tribunal authorizes a shorter period, and must identify

(a) the proceeding in which the issue arises;

(b) the issue;

(c) the material facts giving rise to the issue;

(d) the legal basis of the issue; and

(e) the date on which the issue is to be argued.

(3) In any proceeding in respect of which subsection (1) applies, the Attorney General of Canada, the Attorney General of Manitoba and Sioux Valley Dakota Nation may appear and participate in the proceeding as parties with the same rights as any other party.

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

15. On the coming into effect of the Initial Sioux Valley Dakota Nation Land Law, Her Majesty in right of Canada is not liable for damages under subparagraph 3(b)(ii) of the Crown Liability and Proceedings Act in respect of a breach of duty attaching to the ownership, occupation, possession or control of Sioux Valley Dakota Nation Lands.

16. Despite subsection 3(1), Part 16 of the Agreement is deemed to have effect as of August 30, 2013.

REGULATIONS

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

(2) For the purpose of enabling Sioux Valley 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

Access to Information Act

18. Subsection 13(3) of the Access to Information Act is amended by striking out “or” at the end of paragraph (f), by adding “or’’ at the end of paragraph (g) and by adding the following after paragraph (g):

(h) Sioux Valley Dakota Oyate Government, within the meaning of subsection 2(2) of the Sioux Valley Dakota Nation Governance Act.

Privacy Act

19. Subsection 8(7) of the Privacy Act is amended by striking out “or” at the end of paragraph (f), by adding “or’’ at the end of paragraph (g) and by adding the following after paragraph (g):

(h) Sioux Valley Dakota Oyate Government, within the meaning of subsection 2(2) of the Sioux Valley Dakota Nation Governance Act.

COORDINATING AMENDMENTS

20. (1) In this section, “other Act” means the Yale First Nation Final Agreement Act.

(2) If section 20 of the other Act comes into force before section 18 of this Act, then that section 18 is replaced by the following:

18. Subsection 13(3) of the Access to Information Act is amended by striking out “or” at the end of paragraph (g), by adding “or” at the end of paragraph (h) and by adding the following after paragraph (h):

(i) Sioux Valley Dakota Oyate Government, within the meaning of subsection 2(2) of the Sioux Valley Dakota Nation Governance Act.

(3) If section 18 of this Act comes into force before section 20 of the other Act, then that section 20 is replaced by the following:

20. Subsection 13(3) of the Access to Information Act is amended by striking out “or” at the end of paragraph (g), by adding “or’’ at the end of paragraph (h) and by adding the following after paragraph (h):

(i) the Yale First Nation Government, within the meaning of subsection 2(2) of the Yale First Nation Final Agreement Act.

(4) If section 20 of the other Act comes into force on the same day as section 18 of this Act, then that section 20 is deemed to have come into force before that section 18 and subsection (2) applies as a consequence.

(5) If section 23 of the other Act comes into force before section 19 of this Act, then that section 19 is replaced by the following:

19. Subsection 8(7) of the Privacy Act is amended by striking out “or” at the end of paragraph (g), by adding “or” at the end of paragraph (h) and by adding the following after paragraph (h):

(i) Sioux Valley Dakota Oyate Government, within the meaning of subsection 2(2) of the Sioux Valley Dakota Nation Governance Act.

(6) If section 19 of this Act comes into force before section 23 of the other Act, then that section 23 is replaced by the following:

23. Subsection 8(7) of the Privacy Act is amended by striking out “or” at the end of paragraph (g), by adding “or’’ at the end of paragraph (h) and by adding the following after paragraph (h):

(i) the Yale First Nation Government, within the meaning of subsection 2(2) of the Yale First Nation Final Agreement Act.

(7) If section 23 of the other Act comes into force on the same day as section 19 of this Act, then that section 23 is deemed to have come into force before that section 19 and subsection (5) applies as a consequence.

COMING INTO FORCE

21. This Act, except for section 20, comes into force on a day to be fixed by order of the Governor in Council.