KLUANE FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN

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3 KLUANE FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN

4 Published under the authority of the Minister of Indian Affairs and Northern Development Ottawa, TTY only QS EE-A1 Catalogue No.R2-288/2003E-PDF ISBN Minister of Public Works and Government Services Canada Cette publication peut aussi être obtenue en français sous le titre : Plan de mise en oeuvre de l Entente sur l autonomie gouvernementale de la Première nation de Kluane

5 IMPLEMENTATION PLAN TABLE OF CONTENTS IMPLEMENTATION PLAN... 1 ANNEX A ACTIVITY SHEETS... 7 Consultation on amendments to Self-Government Legislation... 8 SGA amendment... 9 Amending the SGA to incorporate more favourable provisions Review of SGA within ten years of the Effective Date Amendment of an invalid provision of the SGA Amendment of an invalid provision of the Self-Government Legislation Conflict of laws issues Capacity, rights, powers and privileges of Establishment of governing bodies Establishment and implementation of financial reporting system Challenging the validity of laws and quashing invalid laws Transfer to of monies held by Canada for use and benefit of Delegation of powers Delegation of powers to Enactment of laws Exercise of Emergency powers on and off Settlement Land Identification of areas in which laws of shall prevail over federal Laws of General Application Consultation with on a Yukon Law of General Application Consultation with Yukon on a law Declaration where a Yukon Law of General Application ceases to apply to the, its Citizens or Settlement Land Negotiation of administration of justice agreement Interim arrangements for administration of justice Enactment of laws in relation to taxation Negotiations on coordination of taxation Sharing of tax room in respect of Property Taxes or an adjustment in amounts referred to Recommendation of Legislation to provide taxation powers or exemptions Taxation agreement between Yukon and Consultation regarding the establishment of an assessment and taxation regime for the Pipeline and the apportioning of the Yukon Property Tax relating to the Pipeline Payment by to taxing authority of an amount equivalent to Property Taxes Assistance to with payment of the amounts referred to in Withdrawal of delivery of services for non-payment after two years of the amounts referred to in performing a function of government for the purpose of paragraph 149(1)(c) of the Income Tax Act (Canada) Taxation of subsidiaries Refund of goods and services tax paid by claimant on expenditures relating to self-government activities within Settlement Lands Negotiation of terms of a new SGFTA Negotiation of assumption of responsibilities by pursuant to Government of Yukon financial contributions Consideration of revenue capacity associated with tax base Establishment and maintenance of a register of laws Establishment of a central registry of constitutions and laws Development of a list of Citizens Preparation, maintenance and publishing of accounts Resolution of dispute over the terms of the SGFTA Resolution of dispute in program or service transfer negotiations, or over contributions of the Yukon.. 68 Resolution of dispute not covered by SGA 24.1 or Dispute resolution with respect to compatible land use Agreements to provide for municipal or local government services, joint planning and zoning, or other land

6 IMPLEMENTATION PLAN use Establishment of common administrative and planning structures Enactment of Laws with respect to Settlement Land described in Part 1 of Appendix B Disposition of the Dalan Retained Reserve and any rights or interests therein Regime for the ownership, management and administration of land which becomes retained as a Reserve pursuant to of the FA ANNEX B COORDINATION OF FA AND SGA IMPLEMENTATION... 79

7 IMPLEMENTATION PLAN KLUANE FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN AMONG: Her Majesty the Queen in right of Canada, as represented by the Minister of Indian Affairs and Northern Development (hereinafter called Canada ); AND: The Kluane First Nation, as represented by the Chief of the Kluane First Nation (hereinafter called the ); AND: The Government of Yukon, as represented by the Government Leader (hereinafter called Yukon ); (hereinafter called the Parties ). WHEREAS: The Parties signed the Kluane First Nation Self-Government Agreement (hereinafter called the SGA ) on the 18 th day of October, 2003; clause 23.1 of the SGA provides that the Parties shall conclude an implementation plan for the SGA (hereinafter called the SGA Plan ) as soon as practicable; and the representatives of the Parties have developed this SGA Plan, which identifies certain activities to be undertaken and certain payments to be made with respect to the implementation of the SGA; NOW THEREFORE, the Parties agree as follows: 1.0 Interpretation of the SGA Plan 1.1 No provision of the SGA Plan shall be considered an amendment to, modification of, or derogation from the provisions of the SGA. 1.2 The SGA Plan shall be interpreted so as to promote the implementation of the provisions of the SGA and to avoid inconsistency or conflict with the provisions of the SGA. 1.3 Where there is any inconsistency or conflict between the provisions of the SGA Plan and the provisions of the SGA, the provisions of the SGA shall prevail to the extent of the inconsistency or conflict. 1.4 Unless the context otherwise requires, capitalized words and phrases in the SGA Plan shall have the meanings assigned in the SGA. 1

8 IMPLEMENTATION PLAN 2.0 Legal status of the SGA Plan 2.1 The SGA Plan consists of the provisions contained herein. 2.2 Attached hereto are: Annex A: Activity Sheets describing specific activities, projects and measures for implementation of the SGA; and Annex B: Co-ordination of SGA and Kluane First Nation Final Agreement (hereinafter called the FA ) implementation; which Annexes represent the agreement of the Parties regarding the manner in which the provisions of the SGA will be implemented, but do not form part of the SGA Plan, and are not intended to create legal obligations. 3.0 Implementation Funding 3.1 Subject to any amendment of the SGA Plan by the Parties, Canada shall make financial payments to the for the implementation of the SGA as follows: $81,457 (2002 constant dollars) per annum for on-going implementation activities; $67,772 (2002 constant dollars) per annum for a ten year period for supplementary implementation activities; and $133,589 (2002 constant dollars) for one-time implementation projects and activities. 3.2 The payments referred to in 3.1.1, and above shall be escalated from 2002 constant dollars to their Initial-Year Value using the Annual Price Adjustor as defined in Annex A, 1.0 of the Kluane First Nation Self-Government Financial Transfer Agreement (hereinafter called the SGFTA ) dated the 18 th day of October, The payments referred to in and above shall be made in accordance with the provisions of the SGFTA and shall be escalated from their Initial-Year Value using the Annual Price and Population Adjustor as defined in Annex A, 1.0 of the SGFTA. 3.4 The payment referred to in above shall be made as a lump sum payment, by a transfer agreement other than the SGFTA, as an unconditional grant as soon as practicable after the SGA becomes effective, not subject to the Cash Management Policy of the Government of Canada. 3.5 The payment of the amounts set out in 3.1.1, and above, or any amended amount required to be paid, represents the fulfilment of Canada s obligation as set out in the SGA to provide funding to the for the following periods of time: for the purposes of and 3.1.3, for the period of time set out in the SGFTA; and for the purposes of 3.1.2, for the period of time identified in Canada shall provide a negotiated level of funding for the participation of the in the negotiations contemplated by , , 14.3, 14.4, 14.6, 17.1 and 27.0 of the SGA. 2

9 3.6.1 In addition to the notification and negotiation process provided for in 17.0 of the SGA, in the first year in which the SGA is in effect, the may provide notice, within 90 days of the Effective Date of the SGA, that it wishes to initiate the negotiation for the assumption of responsibility by the for the management, administration and delivery of any program or service, in the same manner as provided for in 17.0 of the SGA. 4.0 Implementation of SGA Plan Review 4.1 The representatives appointed pursuant to section 5.1 of the FA Implementation Plan shall also work toward resolving any issue which may arise in relation to the implementation of the SGA Plan. 4.2 Pursuant to 6.6 of the SGA the Parties shall complete a review of the SGA Plan, Annex A and Annex B within ten years of the Effective Date of the SGA unless the Parties otherwise agree. 5.0 Amendment 5.1 The Parties shall determine whether to amend the SGA Plan, Annex A or Annex B as a result of the review conducted pursuant to The Parties, by agreement, may amend the SGA Plan, Annex A or Annex B at any time, and any amendment thereto shall be made in writing by the Parties. 6.0 Effective Date of the SGA Plan 6.1 The SGA Plan shall take effect as of the Effective Date of the SGA. 7.0 Signing of the SGA Plan 7.1 The SGA Plan may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same document, and the date of the SGA Plan shall be deemed to be the date on which the last party signs. 3

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13 IMPLEMENTATION PLAN FOR THE KLUANE FIRST NATION SELF-GOVERNMENT AGREEMENT ANNEX A ACTIVITY SHEETS This Annex refers to the implementation of selected provisions of the SGA. The activities described in the Annex reflect the agreement of the Parties as to the activities which the Parties expect to be performed in order to give effect to the referenced provisions. The planning assumptions described in relation to a referenced provision reflect the circumstances considered or expected to arise in the implementation of that provision. Some planning assumptions also reflect steps or measures that the Parties assume will be taken, or limitations that may apply, in the performance of the described activities. In the development of this Annex, it has been assumed that the Parties will deal by other means with matters required by the SGA to be addressed prior to the Effective Date or in the negotiation or ratification of the SGA. The fact that an activity sheet does not cross-reference the SGA dispute resolution mechanism pursuant to SGA Chapter 24 should not be construed to mean that the dispute resolution mechanism is not applicable to that activity sheet. In the SGA Annex A -- Activity Sheets and Annex B -- Coordination of the FA and SGA Implementation, the following acronyms and references have been used: Canada FA FA Plan KFTSGFTA SGA SGA Plan Parties YFN Yukon Her Majesty in Right of Canada Kluane First Nation Kluane First Nation Final Agreement FA Implementation Plan Self-Government Financial Transfer Agreement between Canada and Kluane First Nation Self-Government Agreement SGA Implementation Plan Canada, and Yukon Yukon First Nation Government of Yukon 7

14 Consultation on amendments to Self-Government Legislation, Government None identified REFERENCED CLAUSES: 5.2 Government shall Consult with Kluane First Nation during the drafting of any amendments to Self-Government Legislation which affect Kluane First Nation. CROSS REFERENCES: 7.4 or Government Identify need for amendment. Notify other Parties. As necessary Parties Evaluate the need for amendment. As necessary Yukon or Canada as appropriate If proposing to amend Self-Government Legislation, notify of proposed amendment. Provide details. Prior to amending Self-Government Legislation Prepare and present views. Within a reasonable time period Yukon or Canada as appropriate Yukon or Canada as appropriate Provide full and fair consideration of views. Make revisions as necessary. At discretion, amend Self-Government Legislation. After views presented After considering views PLANNING ASSUMPTIONS 1. If a proposed amendment affects all YFNs, one territory-wide consultative process may be appropriate. 8

15 SGA amendment Canada, Yukon, None identified REFERENCED CLAUSES: 6.1 This Agreement may only be amended with the consent of the Parties. CROSS REFERENCES: 6.3, 6.4 (all), 6.5, 6.6 (all), Consent to any amendment pursuant to 6.1 may only be given on the part of: Canada, by the Governor in Council; the Yukon, by the Commissioner in Executive Council; and Kluane First Nation, by the Council, Kluane First Nation shall provide Government with a certificate certifying that an amendment has been approved by Kluane First Nation in accordance with and all persons shall be entitled to rely on that certificate as conclusive evidence of compliance with , Canada, or Yukon, Canada, or Yukon, Canada, and Yukon, Canada, and Yukon Propose in writing amendment to other Parties. Evaluate proposed amendment. Respond in writing to initiating Party. Negotiate and draft amendment. Consent to the amendment pursuant to 6.2. As necessary When amendment is proposed Following agreement to amend After amendments are drafted Notify Citizens of amendment. After amendment is approved PLANNING ASSUMPTIONS 1. If a proposed amendment is rejected, the rejecting parties will provide written reasons. 9

16 Amending the SGA to incorporate more favourable provisions, Canada, Yukon None identified REFERENCED CLAUSES: 6.3 Where Government has concluded a self-government agreement with another Yukon First Nation which includes provisions more favourable than those in this Agreement, and where it would be practical to include those provisions in this Agreement, Government, at the request of Kluane First Nation, shall negotiate with Kluane First Nation with a view to amending this Agreement to incorporate provisions no less favourable than those in the other self-government agreement. 6.4 A dispute arising from negotiations described in 6.3 may be referred by any Party to dispute resolution pursuant to of the Final Agreement In any dispute arising pursuant to 6.3 an arbitrator shall have the authority set out in of the Final Agreement. 6.5 The Parties shall make amendments to this Agreement which are required to give effect to orders or decisions of an arbitrator pursuant to 6.4. CROSS REFERENCES: 6.1, 6.2 (all), 24.3; FA (all), , Canada and Yukon, Canada or Yukon, Canada and Yukon, Canada and Yukon Monitor other YFN Self-Government Agreements for more favourable provisions. Negotiate and draft amendment to SGA. If dispute arises, refer to dispute resolution under of the FA. If dispute resolved, draft amendment to SGA. If Parties agree, amend SGA, pursuant to SGA 6.1, 6.2. As Self-Government Agreements are negotiated At request of As necessary As necessary As soon as practicable Notify Citizens of amendment. After amendment is approved 10

17 Review of SGA within ten years of the Effective Date, Canada, Yukon None identified REFERENCED CLAUSES: 6.6 Unless the Parties otherwise agree, the Parties shall review this Agreement within ten years of the Effective Date for the purpose of determining whether: other self-government agreements in Canada have more effectively incorporated self-government provisions respecting any matters considered in this Agreement; other self-government agreements in Canada have more effectively incorporated implementation or financial transfer agreements; this Agreement has been implemented in accordance with the implementation plan; the negotiated transfer of programs, responsibilities and resources pursuant to this Agreement has been successful; and this Agreement should be amended in accordance with 6.1 and 6.2 to reflect the outcome of the review. CROSS REFERENCES: 6.1, 6.2 (all), Canada and Yukon, Canada and Yukon, Canada and Yukon Prepare work plan to identify terms of reference, timelines and resources for review. Conduct the review, and identify appropriate action. Undertake appropriate action which may include amending the SGA in accordance with SGA 6.1 and 6.2. Within ten years of the Effective Date, or as the Parties otherwise agree In accordance with the work plan As necessary 11

18 PLANNING ASSUMPTIONS 1. The review process of the SGA may be carried out simultaneously, and in a coordinated fashion, with a review of the FA Plan and negotiation of a new KFTSGFTA in accordance with paragraph 7 of Annex B to the SGA Plan. 2. At the time of the review, Canada may provide additional resources, to a negotiated level, for the conduct of the review. 12

19 Amendment of an invalid provision of the SGA, Canada, Yukon None identified REFERENCED CLAUSES: 7.3 If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the Parties shall make best efforts to amend this Agreement to remedy the invalidity or replace the invalid provision. CROSS REFERENCES: 6.1, 6.2 (all), 7.1, 7.2, 7.4, Canada and Yukon, Canada and Yukon If a court of competent jurisdiction finds a provision of the SGA to be invalid, make best efforts to amend the SGA to remedy the invalidity or replace the invalid provision. If the parties agree to amend the SGA, initiate amendment process in accordance with SGA 6.1 and 6.2. As required As soon as practicable Inform Citizens of amendment. As soon as practicable following the amendment PLANNING ASSUMPTIONS 1. Each of the Parties may prepare for and participate in litigation relating to the determination of the validity of a provision of the SGA. 13

20 Amendment of an invalid provision of the Self-Government Legislation Government REFERENCED CLAUSES: 7.4 If any provision of Self-Government Legislation is found by a court of competent jurisdiction to be invalid, Government shall make best efforts to amend the Self-Government Legislation to remedy the invalidity or replace the invalid provision. CROSS REFERENCES: 5.2, 7.1, 7.2, 7.3 Government Government If a court of competent jurisdiction finds a provision of the Self-Government Legislation to be invalid, make best efforts to amend the Self-Government Legislation to remedy the invalidity or replace the invalid provision. If Government intends to amend the Self-Government Legislation or replace the invalid provision, notify of any amendment which affects. As required During the drafting of the amendments Prepare and present views to Government. Within a reasonable time as indicated by Government Government Provide full and fair consideration to views presented by. Notify of outcome. Within a reasonable time following receipt of views Inform Citizens of amendment. As soon as practicable following amendment PLANNING ASSUMPTIONS 1. Each of the Parties may prepare for and participate in litigation relating to the determination of the validity of a provision of the Self-Government Legislation. 14

21 Conflict of laws issues, other YFN, Government None identified REFERENCED CLAUSES: 8.4 Common law conflict of laws principles shall apply where a conflict of laws issue arises unless: in the case of a conflict of laws issue arising between a law enacted by Kluane First Nation and a law enacted by another Yukon First Nation, Kluane First Nation and the other Yukon First Nation have otherwise agreed; or in the case of a conflict of laws issue arising between a law enacted by Kluane First Nation and Laws of General Application, Kluane First Nation and Government have otherwise agreed. CROSS REFERENCES: 13.5 (all), other YFN, Canada or Yukon, as appropriate, other YFN, Canada or Yukon as appropriate If conflict of laws issue arises, negotiate agreement or solution to conflict. If the issue results in court action, participate in court action. As agreed by affected parties As necessary PLANNING ASSUMPTIONS 1. The Parties anticipate that, where appropriate, potential for conflict of laws will be considered when Government and are drafting laws. 15

22 Capacity, rights, powers and privileges of None identified REFERENCED CLAUSES: 9.2 Kluane First Nation is a legal entity and has the capacity, rights, powers and privileges of a natural person and, without restricting the generality of the foregoing, may: enter into contracts or agreements; acquire and hold property or any interest therein, and sell or otherwise dispose of property or any interest therein; raise, invest, expend and borrow money; sue or be sued; form corporations or other legal entities; and do such other things as may be conducive to the exercise of its rights, powers and privileges. CROSS REFERENCES: 12.1 (all), , 26.0 (all); FA Conduct appropriate research and analysis in regard to the exercising of rights or engaging in activities pursuant to 9.2. Conduct negotiations, develop agreements and prepare legal documents as may be required to carry out any of the activities. Notify Government and public of outcome as may be appropriate. As necessary As necessary As necessary PLANNING ASSUMPTIONS 1. This activity does not include the consideration of local service and program agreements under SGA and 26.0 or the formation of Settlement Corporations under FA

23 Establishment of governing bodies None identified REFERENCED CLAUSES: 10.1 The Constitution of Kluane First Nation shall, in a manner consistent with this Agreement, provide for: the governing bodies of Kluane First Nation and their composition, membership, powers, duties, and procedures; CROSS REFERENCES: None identified Establish governing bodies according to the Constitution. Operate government structures which will attend to functions such as: - communications and information; - policy development, monitoring, evaluation, research and advice; - personnel and training; - intergovernmental relations, negotiations and dispute resolution; - legal affairs; - clerical; - financial management and taxation; - supply services; - management capabilities; and, - other functions as may arise from time to time. Upon Effective Date or as appropriate PLANNING ASSUMPTIONS 1. The may have to prepare or amend policies and procedures with regard to the administration, operation and internal management of affairs. 17

24 Establishment and implementation of financial reporting system None identified REFERENCED CLAUSES: 10.1 The Constitution of Kluane First Nation shall, in a manner consistent with this Agreement, provide for: CROSS REFERENCES: a system of reporting, by audits or otherwise, through which the governing bodies are financially accountable to Citizens; Examine and determine reporting requirements of government. Review reporting standards generally accepted for governments in Canada. Prepare and publish reports or audits in accordance with the Constitution. As soon as practicable following Effective Date As soon as practicable following Effective Date Annually or as required 18

25 Challenging the validity of laws and quashing invalid laws None identified REFERENCED CLAUSES: 10.1 The Constitution of Kluane First Nation shall, in a manner consistent with this Agreement, provide for: challenging the validity of the laws of Kluane First Nation and quashing invalid laws; and CROSS REFERENCES: , 13.1 (all), 13.2 (all), 13.3 (all), 14.1 (all) Participate in challenges of validity of laws in accordance with Constitution. As necessary If necessary, amend or replace invalid law. As soon as practicable 19

26 Transfer to of monies held by Canada for use and benefit of Canada REFERENCED CLAUSES: 11.2 Any monies held by Canada for the use and benefit of the Indian Act (Canada) Kluane First Nation Band shall be transferred to Kluane First Nation, as soon as practicable after the Effective Date. CROSS REFERENCES: None identified Canada Calculate amount to be transferred. Inform in writing of the amount to be transferred. Confirm amount to be transferred and request by Band Council Resolution the transfer of monies held by Canada for the use and benefit of the Kluane Indian Band. Prior to Effective Date Prior to Effective Date Canada Transfer funds to. As soon as practicable Provide written receipt for monies transferred. Following receipt of monies 20

27 Delegation of powers Other party as indicated in 12.1 and 12.2 REFERENCED CLAUSES: 12.1 Any power of Kluane First Nation to enact laws may be delegated by a law of Kluane First Nation to: a public body in Canada having powers to enact laws; another Yukon First Nation; a tribal council; or the Council for Yukon Indians, to the extent that the delegation is consistent with the Constitution and this Agreement Any power of Kluane First Nation other than a power to enact laws may be delegated by a law of Kluane First Nation to: a public body in Canada having powers to enact laws; another Yukon First Nation; a tribal council; the Council for Yukon Indians; an office established by a law of Kluane First Nation; a department, agency or official of Government; a public body established by a law of Kluane First Nation; a municipality, school board, local body, or legal entity established by Yukon law; or any legal entity in Canada, CROSS REFERENCES: 9.2, 9.2.1, 9.2.5, 26.0 (all), 27.5 to the extent that the delegation is consistent with the Constitution and this Agreement Any delegation under 12.0, other than a delegation under or , shall require the written consent of the delegate. 21

28 , other party, other party Research and identify authority or power to be delegated. Negotiate and draft delegation agreement with other party. If delegation agreement is completed, and delegation occurs, notify Government and the public. At discretion of At discretion of parties As necessary PLANNING ASSUMPTIONS 1. Any delegation of powers will be subject to an approval process as may be set out in its Constitution and laws. 22

29 Delegation of powers to Any entity that has the authority to delegate its powers ( delegating authority ) REFERENCED CLAUSES: 12.4 Kluane First Nation has the capacity to enter into agreements to receive powers, including legislative powers, by delegation. CROSS REFERENCES: 9.2, 9.2.1, 9.2.5, 12.1 (all) or delegating authority or delegating authority or delegating authority or delegating authority Forward delegation proposal to other party. Prepare views and respond. Negotiate, draft and enter into delegation agreement. Notify public of delegation agreement. As necessary Within a reasonable time period following receipt of the proposal At discretion of parties Following approval of agreement by parties 23

30 Enactment of laws Yukon REFERENCED CLAUSES: 13.1 Kluane First Nation shall have the exclusive power to enact laws in relation to the following matters: administration of Kluane First Nation affairs and operation and internal management of Kluane First Nation; management and administration of rights or benefits that are realized pursuant to Kluane First Nation s Final Agreement by persons enrolled under the Final Agreement, and are to be controlled by Kluane First Nation; and matters ancillary to the foregoing Kluane First Nation shall have the power to enact laws in relation to the following matters in the Yukon: provision of programs and services for Citizens in relation to their spiritual and cultural beliefs and practices; provision of programs and services for Citizens in relation to their aboriginal languages; provision of health care and services to Citizens, except licensing and regulation of facility-based services off Settlement Land; provision of social and welfare services to Citizens, except licensing and regulation of facility-based services off Settlement Land; provision of training programs for Citizens, subject to Government certification requirements where applicable; adoption by and of Citizens; guardianship, custody, care and placement of Kluane First Nation children, except licensing and regulation of facilitybased services off Settlement Land; provision of education programs and services for Citizens choosing to participate, except licensing and regulation of facility-based services off Settlement Land; 24

31 inheritance, wills, intestacy and administration of estates of Citizens, including rights and interests in Settlement Land; procedures consistent with the principles of natural justice for determining the mental competency or ability of Citizens, including administration of the rights and interests of those found incapable of responsibility for their own affairs; provision of services to Citizens for resolution of disputes outside the courts; solemnization of marriage of Citizens; licences in respect of matters enumerated in 13.1, 13.2 and 13.3 in order to raise revenue for Kluane First Nation purposes; matters necessary to enable Kluane First Nation to fulfill its responsibilities under the Final Agreement or this Agreement; and matters ancillary to the foregoing Kluane First Nation shall have the power to enact laws of a local or private nature on Settlement Land in relation to the following matters: use, management, administration, control and protection of Settlement Land; allocation or disposition of rights and interests in and to Settlement Land, including expropriation by Kluane First Nation for Kluane First Nation purposes; use, management, administration and protection of natural resources under the ownership, control or jurisdiction of Kluane First Nation; gathering, hunting, trapping or fishing and the protection of fish, wildlife and habitat; control or prohibition of the erection and placement of posters, advertising signs, and billboards; licensing and regulation of any person or entity carrying on any business, trade, profession, or other occupation; control or prohibition of public games, sports, races, athletic contests and other amusements; 25

32 control of the construction, maintenance, repair and demolition of buildings or other structures; prevention of overcrowding of residences or other buildings or structures; control of the sanitary condition of buildings or property; planning, zoning and land development; curfews, prevention of disorderly conduct and control or prohibition of nuisances; control or prohibition of the operation and use of vehicles; control or prohibition of the manufacture, supply, sale, exchange, transport, possession or consumption of intoxicants; establishment, maintenance, provision, operation or regulation of local services and facilities; caring and keeping of livestock, poultry, pets and other birds and animals, and impoundment and disposal of any bird or animal maltreated or improperly at-large, but the caring and keeping of livestock does not include game farming or game ranching; administration of justice; control or prohibition of any actions, activities or undertakings that constitute, or may constitute, a threat to public order, peace or safety; control or prohibition of any activities, conditions or undertakings that constitute, or may constitute, a danger to public health; control or prevention of pollution and protection of the environment; control or prohibition of the possession or use of firearms, other weapons and explosives; control or prohibition of the transport of dangerous substances; and matters coming within the good government of Citizens on Settlement Land. CROSS REFERENCES: 8.4 (all), , (all), 14.0 (all), 20.0 (all), 21.1, 21.2, 21.3,

33 Prepare initial laws. At discretion, after federal Order in Council ratifying the SGA Enact initial laws. After Effective Date Prepare other laws. As required Enact other laws. As necessary Provide Yukon with copy of laws. As soon as practicable after each law is passed PLANNING ASSUMPTIONS 1. Initial laws may include financial administration legislation and other such legislation fundamental to the initial operation of the. 2. An advance of federal funding for initial laws may be provided to after the federal Order in Council ratifying the SGA. 27

34 Exercise of Emergency powers on and off Settlement Land, Canada, Yukon None identified REFERENCED CLAUSES: Off Settlement Land, in relation to those matters enumerated in 13.2, in any situation that poses an Emergency to a Citizen, Government may exercise power conferred by Laws of General Application to relieve the Emergency, notwithstanding that laws enacted by Kluane First Nation may apply to the Emergency A person acting pursuant to shall, as soon as practicable after determining that a person in an Emergency is a Citizen, notify Kluane First Nation of the action taken and transfer the matter to the responsible Kluane First Nation authority, at which time the authority of the Government to act pursuant to shall cease A person acting pursuant to is not liable for any act done in good faith in the reasonable belief that the act was necessary to relieve an Emergency On Settlement Land, in relation to those matters enumerated in 13.2, in any situation that poses an Emergency to a person who is not a Citizen, Kluane First Nation may exercise power conferred by laws enacted by Kluane First Nation to relieve the Emergency, notwithstanding that Laws of General Application may apply to the Emergency A person acting pursuant to shall, as soon as practicable after determining that a person in an Emergency is not a Citizen, notify Government or, where the person in an Emergency is a citizen of another Yukon First Nation, that Yukon First Nation, of the action taken and transfer the matter to the responsible authority, at which time the authority of Kluane First Nation to act pursuant to shall cease A person acting pursuant to is not liable for any act done in good faith in the reasonable belief that the act was necessary to relieve an Emergency Notwithstanding , in relation to powers enumerated in 13.3, Laws of General Application shall apply with respect to an Emergency arising on Settlement Land which has or is likely to have an effect off Settlement Land. CROSS REFERENCES: 9.2, 9.2.1, 13.2 (all), 13.3 (all), 13.5 (all) 28

35 and Canada or Yukon or Canada or Yukon or Canada or Yukon Develop arrangements and procedures which allow a person acting pursuant to or to notify the appropriate authority and to transfer the matter to the appropriate authority as soon as practicable. Having taken action in an Emergency, notify the appropriate authority. Transfer the matter to the appropriate authority. As soon as practicable after Effective Date and thereafter concurrent with the development or amendment of relevant policies or legislation In accordance with arrangements and procedures As soon as practicable 29

36 Identification of areas in which laws of shall prevail over federal Laws of General Application, Canada Yukon REFERENCED CLAUSES: Canada and Kluane First Nation shall enter into negotiations with a view to concluding, as soon as practicable, a separate agreement or an amendment of this Agreement which will identify the areas in which laws enacted by Kluane First Nation shall prevail over federal Laws of General Application to the extent of any inconsistency or conflict Canada shall Consult with the Yukon prior to concluding the negotiations described in Clause shall not affect the status of the Yukon as a party to the negotiations or agreements referred to in or CROSS REFERENCES: 13.6 (all), 13.7 (all) Research areas in which laws may prevail over federal Laws of General Application. Prior to negotiations Notify Canada of desire to initiate negotiations. At discretion, Canada Prepare work plan to identify timelines and resources for negotiations. Within 6 months after notification, or as soon thereafter as the parties agree is reasonable Canada Provide funding as agreed to in the work plan. Within 60 days of work plan completion, or as soon thereafter as the parties agree is reasonable, Canada Commence negotiations pursuant to work plan. As required Canada Notify Yukon of proposed agreement or amendment identifying areas where laws prevail over federal Laws of General Application. Provide details. Prior to conclusion of negotiations Yukon Prepare and present views to Canada. Within reasonable time period as indicated by Canada Canada Provide full and fair consideration of views of Yukon. After views presented to Canada 30

37 Canada, Conclude agreement. As soon as practicable after Consultation with Yukon PLANNING ASSUMPTIONS 1. Pursuant to 3.6 of the SGA Plan, Canada shall provide a negotiated level of funding for the participation of the in negotiations to identify areas in which laws may prevail. This funding shall be set out in a budget identified in the work plan negotiated with Canada prior to the negotiations. 31

38 Consultation with on a Yukon Law of General Application Yukon, None identified REFERENCED CLAUSES: Where the Yukon reasonably foresees that a Yukon Law of General Application which it intends to enact may have an impact on a law enacted by Kluane First Nation, the Yukon shall Consult with Kluane First Nation before introducing the Legislation in the Legislative Assembly. CROSS REFERENCES: 8.4 (all), Yukon Yukon Yukon, Analyse proposed Yukon Law of General Application for impact on laws. Where proposed Yukon Law of General Application may have an impact on a law notify of the need to initiate Consultation. Develop arrangements and procedures identifying contacts, timelines, general information guidelines and any other information required by the parties to ensure Consultation consistent with the Agreement. Whenever Yukon proposes to enact a Yukon Law of General Application Prior to introduction of the legislation in the Legislative Assembly, allowing reasonable time for Consultation to occur As soon as practicable after is notified about the need to initiate Consultation Yukon Provide with details of proposed Legislation. As soon as practicable after arrangements and procedures for Consultation have been developed Yukon Yukon Review proposed Yukon Law of General Application to determine impact, inconsistency, and/or conflict. Prepare and present views. Provide full and fair consideration to views presented. Notify of outcome. At discretion, make any changes to proposed Yukon Law of General Application. Within a reasonable time period as set out in the arrangements and procedures After views presented to Yukon After considering views PLANNING ASSUMPTIONS 1. If a proposed enactment affects all YFNs, one territory-wide consultative process may be appropriate. 32

39 Consultation with Yukon on a law, Yukon None identified REFERENCED CLAUSES: Where Kluane First Nation reasonably foresees that a law which it intends to enact may have an impact on a Yukon Law of General Application, Kluane First Nation shall Consult with the Yukon before enacting the law. CROSS REFERENCES: 8.4 (all), , Yukon Yukon Analyse proposed law for impact on Yukon Laws of General Application. Where proposed law may have an impact on a Yukon Law of General Application, notify Yukon of the need to initiate Consultation. Develop arrangements and procedures identifying contacts, timelines, general information guidelines and any other information required by the parties to ensure Consultation consistent with the Agreement. Provide Yukon with details of proposed legislation. Review proposed law to determine impact, inconsistency, and/or conflict. Prepare and present views. Provide full and fair consideration to views presented. Notify Yukon of outcome. At discretion, make any changes to proposed legislation. Whenever proposes a law Prior to introduction of the law in the approval process, allowing reasonable time for Consultation to occur As soon as practicable after Yukon is notified about the need to initiate Consultation As soon as practicable after arrangements and procedures for Consultation have been developed Within a reasonable time period as set out in the arrangements and procedures After views presented to After considering Yukon views 33

40 Declaration where a Yukon Law of General Application ceases to apply to the, its Citizens or Settlement Land Yukon, None identified REFERENCED CLAUSES: Where the Commissioner in Executive Council is of the opinion that a law enacted by Kluane First Nation has rendered a Yukon Law of General Application partially inoperative and that it would unreasonably alter the character of a Yukon Law of General Application or that it would make it unduly difficult to administer that Yukon Law of General Application in relation to Kluane First Nation, Citizens or Settlement Land, the Commissioner in Executive Council may declare that the Yukon Law of General Application ceases to apply in whole or in part to Kluane First Nation, Citizens or Settlement Land. CROSS REFERENCES: Prior to making a declaration pursuant to : the Yukon shall Consult with Kluane First Nation and identify solutions, including any amendments to Yukon Legislation, that the Yukon considers would meet the objectives of Kluane First Nation; and after Consultation pursuant to , where the Yukon and Kluane First Nation agree that the Yukon Law of General Application should be amended, the Yukon shall propose such amendment to the Legislative Assembly within a reasonable period of time. Yukon Yukon Yukon, Analyse law for impact on Yukon Laws of General Application. If the Commissioner in Executive Council is of the opinion that the law has rendered a Yukon Law of General Application partially inoperative, notify of the need to initiate Consultation. Develop arrangements and procedures identifying contacts, timelines, general information guidelines and any other information required by the parties to ensure Consultation consistent with the Agreement. Following receipt of the law As necessary As soon as practicable after is notified about the need to initiate Consultation 34

41 Yukon Notify of its concerns regarding the impact of the law on a Yukon Law of General Application and identify possible solutions. As soon as practicable after the arrangements and procedures for Consultation have been completed Prepare and present views to Yukon. Within a reasonable time period as set out in the arrangements and procedures for Consultation Yukon Yukon Commissioner in Executive Council and Yukon Provide full and fair consideration to views of. If Yukon and agree that the Yukon Law of General Application should be amended, draft and propose amendments to Yukon Legislation. If the Yukon Law of General Application is not amended to rectify the matter, at discretion declare that the Yukon Law of General Application ceases to apply in whole or in part to Settlement Land or Citizens, as the case may be. Notify Citizens and Yukon staff responsible for administration or enforcement of the Yukon Law of General Application of the outcome, as may be necessary. After views presented to Yukon As necessary As necessary Upon resolution of the matter 35

42 Negotiation of administration of justice agreement, Canada, Yukon None identified REFERENCED CLAUSES: The Parties shall enter into negotiations with a view to concluding an agreement in respect of the administration of Kluane First Nation justice provided for in Negotiations respecting the administration of justice shall deal with such matters as adjudication, civil remedies, punitive sanctions including fine, penalty and imprisonment for enforcing any law of Kluane First Nation, prosecution, corrections, law enforcement, the relation of any Kluane First Nation courts to other courts and any other matter related to aboriginal justice to which the Parties agree Notwithstanding anything in this Agreement, Kluane First Nation shall not exercise its power pursuant to until the expiry of the time described in , unless an agreement is reached by the Parties pursuant to and The provisions in are interim provisions and shall expire five years from the Effective Date or on the effective date of the agreement concluded pursuant to and , whichever is earlier. The five year period may be extended for such further time as may be agreed in writing by the Minister on behalf of Canada, the Minister on behalf of the Yukon and the Council on behalf of Kluane First Nation. CROSS REFERENCES: , (all), (all), Yukon, Canada Prepare for negotiation of administration of justice agreement. Notify Canada and Yukon of desire to initiate negotiations. Prepare work plan identifying timelines and resources for negotiations. Prior to negotiations At discretion Within 60 days after notification, or as soon thereafter as the parties agree is reasonable Canada Provide funding as agreed to in the work plan. Within 60 days of work plan completion, or as soon thereafter as the parties agree is reasonable 36

43 , Yukon, Canada Negotiate administration of justice agreement. Negotiations to begin within two years of Effective Date, or as soon thereafter as the Parties agree is reasonable, Yukon, Canada Negotiate extension to the timing of interim provision As necessary PLANNING ASSUMPTIONS 1. Pursuant to 3.6 of the SGA Plan, Canada shall provide a negotiated level of funding for the participation of the in negotiations in respect of administration of justice. This funding shall be set out in a budget identified in the work plan negotiated with Canada prior to the negotiations. 2. Canada shall provide to Yukon a level of funding to be negotiated by Canada and Yukon to support Yukon's participation in the negotiation of administration of justice agreements contemplated by the SGA. 37

44 Interim arrangements for administration of justice, Yukon Canada REFERENCED CLAUSES: Until the expiry of the time described in or an agreement is entered into pursuant to and : Kluane First Nation shall have the power to establish penalties of: (a) (b) (c) fines up to $300,000. for the violation of a law enacted by Kluane First Nation in relation to the use of Settlement Land and of natural resources on Settlement Land or the control or prevention of pollution and the protection of the environment on Settlement Land, fines up to $5,000. for the violation of any other law enacted by Kluane First Nation, and imprisonment to a maximum of six months for the violation of a law enacted by Kluane First Nation; the Supreme Court of the Yukon Territory, the Territorial Court of Yukon, and the Justice of the Peace Court shall have jurisdiction throughout the Yukon to adjudicate in respect of laws enacted by Kluane First Nation in accordance with the jurisdiction designated to those courts by Yukon Law except that any offence created under a law enacted by Kluane First Nation shall be within the exclusive original jurisdiction of the Territorial Court of Yukon; any offence created under a law enacted by Kluane First Nation shall be prosecuted as an offence against an enactment pursuant to the Summary Convictions Act (Yukon) by prosecutors appointed by the Yukon; and any term of imprisonment ordered by the Territorial Court of Yukon pursuant to shall be served in a correctional facility pursuant to the Corrections Act (Yukon). CROSS REFERENCES: 13.1 (all), 13.2 (all), 13.3 (all), , , (all), , Research and establish penalties under law that are consistent with the interim justice provisions as part of lawmaking activity. As decided by 38

45 , Yukon, Canada Yukon Develop arrangements and procedures required for co-ordination of activities between Yukon, Canada and, as appropriate, for interim justice. Unless otherwise ordered by a court or agreed to pursuant to SGA , administer justice in accordance with , including, but not limited to, prosecution of offenses under laws, administering dispositions and enforcing judgements, providing probation and corrections services, and any other activities that may be required. Concurrent with development of laws which create offenses As required 39

46 Enactment of laws in relation to taxation Government REFERENCED CLAUSES: 14.1 Kluane First Nation shall have the power to enact laws in relation to: taxation, for local purposes, of interests in Settlement Land and of occupants and tenants of Settlement Land in respect of their interests in those lands, including assessment, collection and enforcement procedures and appeals relating thereto; other modes of direct taxation of Citizens (and, if agreed under , other persons and entities) within Settlement Land to raise revenue for Kluane First Nation purposes; and the implementation of measures made pursuant to any taxation agreement entered into pursuant to 14.6 or with Canada. CROSS REFERENCES: 8.4 (all), , , , (all), (all), 14.2, 14.3 (all), 14.4 (all), 14.6, 20.0 (all), 21.1, 21.2, 21.3, 21.4 Prepare law(s). At discretion Enact law(s). At discretion Provide Yukon and Canada with copy of enacted law(s). Inform those affected by enacted law(s), such as Citizens, holders of interests in Settlement Land, and occupants and tenants of Settlement Land. As soon as practicable after enactment Prior to or as soon as practicable after enactment 40