Yukon First Nations Self-Government Act (S.C. 1994, c. 35)

Act current to 2016-01-25 and last amended on 2006-06-22. Previous Versions

Marginal note:Legislative powers
  •  (1) A first nation named in Schedule II has, to the extent provided by its self-government agreement,

    • (a) the exclusive power to enact laws in relation to the matters enumerated in Part I of Schedule III;

    • (b) the power to enact laws applicable in Yukon in relation to the matters enumerated in Part II of Schedule III; and

    • (c) the power to enact laws of a local or private nature applicable on the first nation’s settlement land in relation to the matters enumerated in Part III of Schedule III.

  • Marginal note:Idem

    (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.

  • Marginal note:Administration of justice

    (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

    • (a) the effective date of an agreement respecting the administration of justice entered into between the parties to the first nation’s self-government agreement, and

    • (b) the expiration of any interim period provided by the self-government agreement for the purpose of reaching an agreement respecting the administration of justice.

  • 1994, c. 35, s. 11;
  • 2002, c. 7, s. 262.
Marginal note:Powers restricted on certain lands
  •  (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.

  • Marginal note:Agreements with local governments

    (2) Where a first nation’s self-government agreement so provides, the Yukon Government or a municipal corporation in Yukon 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.

  • 1994, c. 35, s. 12;
  • 2002, c. 7, s. 263(E).
Marginal note:Offences
  •  (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.

  • Marginal note:Punishment

    (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.

  • Marginal note:Fines in relation to lands and environment

    (3) Notwithstanding subsection (2), until the earlier of the events referred to in that subsection, and to the extent provided by a first nation’s self-government agreement, a fine not exceeding $300,000 may be imposed on a person convicted of an offence under a law of the first nation enacted pursuant to paragraph 11(1)(c) in relation to

    • (a) the use of settlement land and of natural resources on settlement land; or

    • (b) the control or prevention of pollution and the protection of the environment.

  • 1994, c. 35, s. 13;
  • 2003, c. 7, s. 130.

Administration of Justice

Marginal note:Administration of justice

 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,

  • (a) the courts of Yukon have, subject to paragraph (b), jurisdiction in respect of laws enacted by the first nation according to the respective jurisdictions of those courts under territorial laws;

  • (b) the Territorial Court of Yukon has exclusive original jurisdiction in relation to the prosecution of offences under laws enacted by the first nation;

  • (c) offences under those laws shall be prosecuted in accordance with the Summary Convictions Act (Yukon), as amended from time to time, as if they were offences under Yukon enactments, by prosecutors appointed by the Yukon Government; and

  • (d) terms of imprisonment imposed for offences under those laws shall be served in a correctional facility in accordance with the Corrections Act (Yukon), as amended from time to time.

  • 1994, c. 35, s. 14;
  • 2002, c. 7, s. 264.
Marginal note:Supreme Court of Yukon
  •  (1) For greater certainty and subject to section 14, the Supreme Court of Yukon 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.

  • Marginal note:Federal Court of Appeal or Federal Court

    (2) Nothing in this Act shall be construed so as to limit the jurisdiction of the Federal Court of Appeal or the Federal Court.

  • 1994, c. 35, s. 15;
  • 2002, c. 7, s. 265, c. 8, s. 180.

Laws of General Application

Marginal note:Application of general laws

 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.

Marginal note:Indian Act
  •  (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.

  • Marginal note: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.

  • Marginal note: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

    • (a) in respect of any reserve, within the meaning of that Act, of a predecessor band of the first nation situated outside Yukon, and

    • (b) in respect of any rights, titles, interests, obligations, assets and liabilities of the predecessor band outside Yukon,

    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.

  • 1994, c. 35, s. 17;
  • 2002, c. 7, s. 266.
Marginal note:Income Tax Act
  •  (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.

  • Marginal note: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.

Marginal note:Refund of Goods and Services Tax
  •  (1) The Minister of National Revenue shall pay to a person, as defined in subsection 123(1) of the Excise Tax Act, a refund of the tax paid by the person under Part IX of that Act, to the extent and in the manner that the refund is provided for in a self-government agreement with a first nation.

  • Marginal note:Application of Excise Tax Act

    (2) The provisions of Part IX of the Excise Tax Act apply, with any modifications that the circumstances may require, in respect of any claim for a refund and any amount refunded under subsection (1) as though the refund were a rebate provided for under Division VI of that Part.

  • 1999, c. 26, s. 35.
 
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