Marginal note:Conflicts with other Acts
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.
(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.
PURPOSE AND EFFECT OF THIS ACT
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.
Marginal note:First agreements
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.
Marginal note:Subsequent agreements
(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.
(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).
Marginal note:First nation succession
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.
Marginal note:Recognition of band
(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.
FIRST NATION CONSTITUTIONS
Marginal note:Capacity of natural person
7. A first nation named in Schedule II is a legal entity having the capacity, rights, powers and privileges of a natural person.
Marginal note:First nation constitution
8. (1) The constitution of a first nation named in Schedule II shall, in a manner consistent with its self-government agreement, provide for
(a) a citizenship code that includes the requirements for citizenship in the first nation and the procedure for determining whether a person is a citizen;
(b) the governing bodies of the first nation and their composition, membership, powers, duties and procedures;
(c) a system of reporting, by audits or otherwise, through which the governing bodies are financially accountable to citizens;
(d) the recognition and protection of the rights and freedoms of citizens;
(e) challenging the validity of the laws of the first nation and quashing invalid laws; and
(f) the amendment of the constitution by the citizens.
(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.
Marginal note:Registering of constitution
(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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