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Little Salmon/Carmacks First Nation Self-Government Agreement Implementation Plan
Author: Published under the authority of the Minister of Indian Affairs and Northern Development
Date: (September, 1997)
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IMPLEMENTATION PLAN FOR THE LITTLE SALMON/CARMACKS FIRST NATION SELF-GOVERNMENT AGREEMENT
AMONG:
Her Majesty the Queen in right of Canada, as represented by the Minister of Indian Affairs and Northern Development (hereinafter referred to as "Canada");
AND:
The Little Salmon/Carmacks First Nation, as represented by the duly authorized representative(s) of the Little Salmon/Carmacks First Nation (hereinafter referred to as the "LSCFN");
AND:
The Government of the Yukon, as represented by the Government Leader of the Yukon (hereinafter referred to as the "Yukon");
hereinafter referred to as the "Parties".
WHEREAS:
The Parties signed the document entitled the Little Salmon/Carmacks First Nation Self- Government Agreement (hereinafter referred to as the "LSCSGA") on the 21st day of July, 1997;
clause 23.1 of the LSCSGA provides that the Parties shall conclude an implementation plan for the LSCSGA (hereinafter referred to as the "LSCSGA Plan") as soon as practicable; and
the representatives of the Parties have developed this LSCSGA Plan, which identifies certain activities to be undertaken and certain payments to be made with respect to the implementation of the LSCSGA;
NOW THEREFORE, the Parties agree as follows:
1.0 Interpretation of the LSCSGA Plan
1.1 No provision of the LSCSGA Plan shall be considered an amendment to, modification of, or derogation from the LSCSGA.
1.2 Where there is any inconsistency or conflict between the provisions of the LSCSGA Plan and the provisions of the LSCSGA, the provisions of the LSCSGA shall prevail to the extent of the inconsistency or conflict.
1.3 Unless the context otherwise requires, capitalized words and phrases in the LSCSGA Plan shall have the meanings assigned in the LSCSGA.
1.4 The LSCSGA Plan shall be interpreted so as to promote the implementation of the provisions of the LSCSGA and to avoid conflict or inconsistency with the provisions of the LSCSGA.
2.0 Legal Status of the LSCSGA Plan
2.1 The LSCSGA Plan consists of the provisions contained herein.
2.2 Attached hereto are:
2.2.1 Annex A - "Activity Sheets" describing the specific activities, projects and measures for implementation of the LSCSGA; and
2.2.2 Annex B - Coordination of the Little Salmon/Carmacks First Nation Final Agreement (hereinafter referred to as the "LSCFA") and the LSCSGA Implementation;
which Annexes represent the understanding of the Parties regarding the manner in which the provisions of the LSCSGA will be implemented, but do not form part of the LSCSGA Plan and are not intended to create legal obligations.
3.0 Implementation Funding
3.1 Subject to any amendment of the LSCSGA Plan by the Parties, Canada shall make financial payments to the LSCFN for the implementation of the LSCSGA as follows:
3.1.1 $119,500 (1996 constant dollars) annually for ongoing implementation activities;
3.1.2 $99,500 (1996 constant dollars) annually for a ten year period for supplementary implementation activities;
3.1.3 $196,000 (1996 constant dollars) for one-time implementation projects and activities.
3.2 The payments referred to in 3.1.1,3.1.2 and 3.1.3 above shall be escalated from 1996 constant dollars to their Entry Year Value as defined in the Little Salmon/Carmacks First Nation Financial Transfer Agreement (hereinafter referred to as the "LSCFTA") dated September 29, 1997 in accordance with the computation method for the Annual Price Escalator set out in Annex 6 of the LSCFTA.
3.3 The payments referred to in 3.1.1 and 3.1.2 shall be made in accordance with the provisions of the LSCFTA and shall be escalated from their Entry Year Value in accordance with the computation method for the Annual Price-and-Population Escalator set out in Appendix A of the LSCFTA.
3.4 The payment referred to in 3.1.3 above shall be made as a lump sum payment, by a transfer agreement other than the LSCFTA, as an unconditional grant as soon as practicable after the LSCSGA 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, or any amended amount required to be paid, represents the fulfilment of Canada's obligation as set out in the LSCSGA to provide funding to the LSCFN for the following periods of time:
3.5.1 for the purposes of 3.1.1 and 3.1.3 for the period of time set out in the LSCFTA;
and
3.5.2 for the purposes of 3.1.2 for the period of time identified in 3.1.2.
3.6 Canada shall provide a negotiated level of funding for the participation of the LSCFN in the negotiations contemplated by sections 13.5.2, 13.6.1, 14.5, 14.6, 14.8, 17.0 and 27.0 of the LSCSGA.
3.6.1 In addition to the notification and negotiation process provided for in section 17.0 of the LSCSGA, in the first year in which the LSCSGA is in effect, the LSCFN may provide notice, within 90 days of the effective date of the LSCSGA, that it wishes to initiate the negotiation for the assumption of responsibility by the LSCFN for the management, administration and delivery of any program or service, in the same manner as provided for in section 17.0 of the LSCSGA.
4.0 Implementation of the LSCSGA Plan Review
4.1 The representatives appointed by the Parties pursuant to section 18 of the LSCFN Final Agreement Implementation Plan shall also work toward resolving any issue which may arise in relation to the implementation of the LSCSGA Plan.
4.2 Pursuant to 6.6 of the LSCSGA the Parties shall complete a review of the LSCSGA Plan, Annex A and Annex B within five years of the Effective Date of the LSCSGA unless the Parties agree otherwise.
5.0 Amendment of the LSCSGA Plan
5.1 The Parties shall determine whether to amend the LSCSGA Plan, Annex A and Annex B as a result of the review conducted pursuant to 4.2.
5.2 The Parties, by agreement, may amend the LSCSGA Plan, Annex A and Annex B at any time, and any amendment thereto shall be made in writing by the Parties.
6.0 Effective Date of the LSCSGA Plan
6.1 The LSCSGA Plan shall take effect as of the Effective Date of the LSCSGA.
7.0 Signing of the SFNSGA Plan
7.1 This 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 this plan shall be deemed to be the date on which the last party signs.
ANNEX A
ACTIVITY SHEETS
This Annex refers to the implementation of selected provisions of the LSCSGA.
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 LSCSGA to be addressed prior to the Effective Date or in the negotiation or ratification of the LSCSGA.
The fact that an activity sheet does not cross-reference the LSCSGA dispute resolution mechanism pursuant to LSCSGA Chapter 24 should not be construed to mean that the dispute resolution mechanism is not applicable to that activity sheet.
In the LSCSGA Activity Sheets and Coordination Sheets, the following acronyms, initializations and references have been used:
TABLE OF CONTENTS
- Consultation on amendments to Self-Government Legislation
- LSCSGA amendment
- Amending the LSCSGA to incorporate more favourable provisions
- Review of LSCSGA within five years of the Effective Date
- Amendment of an invalid provision of the LSCSGA
- Amendment of an invalid provision of the Self-Government Legislation
- Conflict of laws issues
- Capacity, rights, powers and privileges of LSCFN
- Establishment of governing bodies
- Establishment and implementation of LSCFN financial reporting system
- Challenging the validity of LSCFN laws and quashing invalid LSCFN laws
- Transfer to LSCFN of monies held by Canada for use and benefit of LSCFN
- Delegation of LSCFN powers
- Delegation of powers to LSCFN
- Enactment of LSCFN laws
- Exercise of Emergency powers on and off Settlement Lands
- Identification of areas in which laws of LSCFN shall prevail over federal Laws of General Application
- Yukon Consultation with LSCFN on a Law of General Application
- LSCFN Consultation with Yukon on a LSCFN law
- Declaration where a Yukon Law of General Application ceases to apply to the LSCFN, its Citizens or Settlement Land
- Parties to negotiate administration of justice agreement
- Interim arrangements for administration of justice
- Enactment of LSCFN laws in relation to taxation
- Negotiations on coordination of taxation
- Sharing of tax room in respect of property taxes
- Recommendation of Legislation to provide taxation powers or exemptions
- Payment by LSCFN to taxing authority of an amount equivalent to Property Taxes
- Assistance to LSCFN with payment of the amounts referred to in 14
- Withdrawal of delivery of services for non-payment after two years of the amounts referred to in 14
- LSCFN performing a function of government for the purpose of paragraph 149(l)(c) of the Income Tax Act. S.C. 1970-71-72, c
- Taxation of LSCFN "subsidiaries"
- Negotiation of terms of a new LSCFTA
- Negotiation of assumption of responsibilities by LSCFN
- 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 LSCFN Citizens
- Preparation, maintenance and publishing of LSCFN accounts
- Resolution of dispute over the terms of the LSCFTA
- Resolution of dispute in program or service transfer negotiations, or over contributions of the Yukon
- Resolution of dispute not covered by LSCSGA 24.1 or 24
- Dispute resolution with respect to compatible land use
- Agreements to provide for municipal or local government services, joint planning, zoning or other land use control
- Establishment of common administrative and planning structures
- Exercise of powers to enact laws as described in Part 2 of Appendix B
- Negotiations to establish a regime for the ownership, management and administration of land recognized or set apart for LSCFN pursuant to LSCFA 4.3.6.1 (b)
- ANNEX B: COORDINATION OF LSCFA AND LSCSGA IMPLEMENTATION
amendment.
views. Make revisions as necessary..
PLANNING ASSUMPTIONS
1. If a proposed amendment affects all YFNs, rather than just some of the YFNs, one territory-wide consultative process may be appropriate.
6.2 Consent to any amendment pursuant to 6.1 may only be given on the part of:
- 6.2.1 Canada, by the Governor in Council;
- 6.2.2 the Yukon, by the Commissioner in Executive Council; and
- 6.2.3 the Little Salmon/Carmacks First Nation, by the Assembly, upon a
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 the Little Salmon/Carmacks First Nation, shall negotiate with the Little Salmon/Carmacks 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 26.3.0 of the Final Agreement.
- 6.4.1 In any dispute arising pursuant to 6.3 an arbitrator shall have the authority
set out in 26.7.3 of the Final Agreement.
are negotiated
LSCFA.
LSCSGA 6.1,6.2.
- 6.6.1 other self-government agreements in Canada have more effectively incorporated self-government provisions respecting any matters considered in this Agreement;
6.6.2 other self-government agreements in Canada have more
effectively incorporated implementation or financial transfer agreements;
6.6.3 this Agreement has been implemented in accordance with the implementation plan;
6.6.4 the negotiated transfer of programs, responsibilities and resources pursuant to this Agreement has been successful;
and
6.6.5 this Agreement should be amended in accordance with 6.1
and 6.2 to reflect the outcome of the review.
reference, timelines and resources for
Date
the review.
of the review in accordance with LSCSGA
6.1 and 6.2.
the amendment
PLANNING ASSUMPTIONS
- The review process of the LSCSGA shall be carried out simultaneously, and in a coordinated fashion, with the review of the LSCFA Implementation Plan and negotiation of the new LSCFTA in accordance with paragraph 7 of Annex B to the LSCSGA Plan.
- At the time of the review, Canada may provide additional resources, to a negotiated level, for the conduct of the review.
initiate consent process in accordance with LSCSGA 6.1 and 6.2.
the amendment
PLANNING ASSUMPTIONS
1. The LSCFN may wish to prepare for and participate in litigation relating to the determination of the validity of a provision of the LSCSGA.
PLANNING ASSUMPTIONS
1. The LSCFN may wish to prepare for and participate in litigation relating to the determination of the validity of a provision of the Self-Government Legislation.
- 8.4.1 in the case of a conflict of laws issue arising between a law of the Little Salmon/Carmacks First Nation and a law of another Yukon First Nation, the Little Salmon/Carmacks First Nation and the other Yukon First Nation have otherwise agreed; or
- 8.4.2 in the case of a conflict of laws issue arising between a law of the Little Salmon/Carmacks First Nation and a Law of General Application, the Little Salmon/Carmacks First Nation and Government have otherwise agreed.
PLANNING ASSUMPTIONS
1. The Parties anticipate that, when the circumstances warrant, potential for conflict of laws will be considered when Government and LSCFN are drafting laws.
- 9.2.1 enter into contracts or agreements;
- 9.2.2 acquire and hold property or any interest therein, and sell or otherwise
dispose of property or any interest therein; - 9.2.3 raise, invest, expend and borrow money;
- 9.2.4 sue or be sued;
- 9.2.5 form corporations or other legal entities; and
- 9.2.6 do such other things as may be conducive to the exercise of its rights,
powers and privileges.
be appropriate.
PLANNING ASSUMPTIONS
1. This activity does not include the consideration of local service and program agreements that are within LSCSGA 14.6.2 or the formation of Settlement Corporations under LSCFA 20.4.1.
- 10.1.2 establish governing bodies and provide for their powers, duties,
composition, membership and procedures;
appropriate
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, others as may arise from time to time.
PLANNING ASSUMPTIONS
1. The LSCFN will have to prepare start-up policies and procedures with regard to the administration, operation and internal management of LSCFN affairs.
- 10.1.3 provide for a system of reporting, which may include audits, through
which the Little Salmon/Carmacks First Nation government shall be
financially accountable to its Citizens;
- 10.1.5 provide for the challenging of the validity of laws enacted by the Little Salmon/Carmacks First Nation and for the quashing of invalid laws;
PLANNING ASSUMPTIONS
1. LSCFN contemplates setting up procedures for Citizens to challenge LSCFN laws which would be administrative in nature and would allow an appeal process to take place.
including legislative powers, to:
- 12.1.1 a public body or official established by a law of the Little
Salmon/Carmacks First Nation; - 12.1.2 Government, including a department, agency or official of Government;
- 12.1.3 a public body performing a function of government in Canada, including another Yukon First Nation;
- 12.1.4 a municipality, school board, local body, or legal entity established by
Yukon Law; - 12.1.5 a tribal council;
- 12.1.6 the Council for Yukon Indians; or
- 12.1.7 any legal entity in Canada.
delegated.
public.
PLANNING ASSUMPTIONS
1. Any delegation of LSCFN powers will be subject to an approval process as may be set out in its Constitution and laws.
agreements to receive powers, including legislative powers, by delegation.
- 13.1.1 administration of First Nation of Little Salmon/Carmacks affairs and
operation and internal management of the Little Salmon/Carmacks First
Nation; - 13.1.2 management and administration of rights or benefits which are realized pursuant to the Final Agreement by persons enrolled under the Final Agreement, and which are to be controlled by the Little Salmon/Carmacks First Nation; and
- 13.1.3 matters ancillary to the foregoing.
13.2 The Little Salmon/Carmacks First Nation shall have the power to enact laws in relation to the following matters in the Yukon:
- 13.2.1 provision of programs and services for Citizens in relation to
their spiritual and cultural beliefs and practices; - 13.2.2 provision of programs and services for Citizens in relation to the Northern Tutchone language;
- 13.2.3 provision of health care and services to Citizens, except licensing and regulation of facility-based services off Settlement Land;
- 13.2.4 provision of social and welfare services to Citizens, except licensing and regulation of facility-based services off Settlement Land;
- 13.2.5 provision of training programs for Citizens, subject to Government certification requirements where applicable;
- 13.2.6 adoption by and of Citizens;
- 13.2.7 guardianship, custody, care and placement of Little Salmon/Carmacks First Nation children, except licensing and regulation of facility-based services off Settlement Land;
- 13.2.8 provision of education programs and services for Citizens choosing to participate, except licensing and regulation of facility-based services off Settlement Land;
- 13.2.9 inheritance, wills, intestacy and administration of estates of Citizens, including rights and interests in Settlement Land;
- 13.2.10 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;
- 13.2.11 provision of services to Citizens for resolution of disputes outside the courts;
- 13.2.12 solemnization of marriage of Citizens;
- 13.2.13 licences in respect of matters enumerated in 13.1, 13.2 and
- 13.3 in order to raise revenue for Little Salmon/Carmacks First Nation purposes;
- 13.2.14 matters necessary to enable the Little Salmon/Carmacks First Nation to fulfill its responsibilities under the Final Agreement or this Agreement; and
- 13.2.15 matters ancillary to the foregoing.
13.3 The Little Salmon/Carmacks First Nation shall have the power to enact laws of a local or private nature on Settlement Land in relation to the following matters:
- 13.3.1 use, management, administration, control and protection of Settlement Land;
- 13.3.2 allocation or disposition of rights and interests in and to Settlement Land, including expropriation by the Little Salmon/Carmacks First Nation for Little Salmon/Carmacks First Nation purposes;
- 13.3.3 use, management, administration and protection of natural resources under the ownership, control or jurisdiction of the Little Salmon/Carmacks First Nation;
- 13.3.4 gathering, hunting, trapping or fishing and the protection of fish, wildlife and habitat;
- 13.3.5 control or prohibition of the erection and placement of posters, advertising signs, and billboards;
- 13.3.6 licensing and regulation of any person or entity carrying on any business, trade, profession, or other occupation;
- 13.3.7 control or prohibition of public games, sports, races, athletic contests
and other amusements; - 13.3.8 control of the construction, maintenance, repair and demolition of buildings or other structures;
- 13.3.9 prevention of overcrowding of residences or other buildings or structures;
- 13.3.10 control of the sanitary condition of buildings or property;
- 13.3.11 planning, zoning and land development;
- 13.3.12 curfews, prevention of disorderly conduct and control or prohibition of nuisances;
- 13.3.13 control or prohibition of the operation and use of vehicles;
- 13.3.14 control or prohibition of the transport, sale, exchange, manufacture, supply, possession or consumption of intoxicants;
- 13.3.15 establishment, maintenance, provision, operation or regulation of local services and facilities;
- 13.3.16 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;
- 13.3.17 administration of justice;
- 13.3.18 control or prohibition of any actions, activities or undertakings that
constitute, or may constitute, a threat to public order, peace or safety; - 13.3.19 control or prohibition of any activities, conditions or undertakings that constitute, or may constitute, a danger to public health;
- 13.3.20 control or prevention of pollution and protection of the environment;
- 13.3.21 control or prohibition of the possession or use of firearms, other weapons and explosives;
- 13.3.22 control or prohibition of the transport of dangerous substances; and
- 13.3.23 matters coming within the good government of Citizens on Settlement Land.
PLANNING ASSUMPTIONS
- Initial laws may include financial administration legislation and other such legislation fundamental to the initial operation of the LSCFN.
- An advance of federal one-time funding for initial laws may be provided by means of a contribution agreement with the LSCFN after the federal Order in Council giving effect to the LSCSGA, and will be referenced in the LSCFTA.
13.4.1 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 the Little Salmon/Carmacks First Nation
may apply to the Emergency.
13.4.2 A person acting pursuant to 13.4.1 shall, as soon as practicable after
determining that a person in an Emergency is a Citizen, notify the Little
Salmon/Carmacks First Nation of the action taken and transfer the matter to the
responsible Little Salmon/Carmacks First Nation authority, at which time the
authority of the Government to act pursuant to 13.4.1 shall cease.
13.4.3 A person acting pursuant to 13.4.1 is not liable for any act done in good faith in the reasonable belief that the act was necessary to relieve an Emergency.
13.4.4 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, the Little
Salmon/Carmacks First Nation may exercise power conferred by laws enacted by the Little Salmon/Carmacks First Nation to relieve the Emergency,
notwithstanding that Laws of General Application may apply to the Emergency.
13.4.5 A person acting pursuant to
13.4.4 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 the Little Salmon/Carmacks First Nation to act pursuant to 13.4.4 shall cease.
13.4.6 A person acting pursuant to
13.4.4 is not liable for any act done in good faith in the reasonable belief that the act was necessary to relieve an Emergency.
13.4.7 Notwithstanding 13.5.0, 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.
13.5.2 Canada and the Little Salmon/Carmacks 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 of the Little Salmon/Carmacks First Nation shall prevail over federal Laws of General Application to the extent of any inconsistency or conflict.
- 13.5.2.1 Canada shall Consult with the Yukon prior to concluding the negotiations described in 13.5.2.
- 13.5.2.2 Clause 13.5.2 shall not affect the status of the Yukon as a party to the negotiations or agreements referred to in 13.6.0 or 17.0.
resources for negotiations.
completion, or as soon thereafter as the parties agree is reasonable
PLANNING ASSUMPTIONS
1. Pursuant to 3.6 of the LSCSGA Plan, Canada shall provide a negotiated level of funding for the participation of the LSCFN in negotiations to identify areas in which LSCFN laws may prevail. This funding shall be set out in a budget identified in the workplan negotiated with Canada prior to the negotiations.
presented. Notify LSCFN of outcome.
PLANNING ASSUMPTIONS
1. If a proposed enactment affects all YFNs, rather than just some of the YFNs, one territory-wide consultative process may be appropriate.
13.5.7 Prior to making a declaration pursuant to 13.5.6:
- 13.5.7.1 the Yukon shall Consult with the Little Salmon/Carmacks First Nation and identify solutions, including any amendments to Yukon Legislation, that the Yukon considers would meet the objectives of the Little Salmon/Carmacks First Nation; and
- 13.5.7.2 after Consultation pursuant to 13.5.7.1, where the Yukon and the Little Salmon/Carmacks 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.
13.6.2 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 the Little Salmon/Carmacks First Nation, prosecution, corrections, law enforcement, the relation of any Little Salmon/Carmacks First Nation courts to other courts and any other matter related to aboriginal justice to which the Parties agree.
13.6.3 Notwithstanding anything in this Agreement, the Little Salmon/Carmacks First Nation shall not exercise its power pursuant to 13.3.17 until the expiry of the time described in 13.6.6, unless an agreement is reached by the Parties pursuant to 13.6.1 and 13.6.2.
13.6.6 The provisions in 13.6.4 are interim provisions and shall expire five years from the Effective Date or on the effective date of the agreement concluded pursuantto 13.6.1 and 13.6.2, whichever is earlier.
PLANNING ASSUMPTIONS
- Pursuant to 3.6 of the LSCSGA Plan, Canada shall provide a negotiated level of funding for the participation of the LSCFN in negotiations in respect of administration of justice. This funding shall be set out in a budget identified in the workplan negotiated with Canada prior to the negotiations.
- 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 LSCSGA.
- 13.6.4.1 the Little Salmon/Carmacks First Nation shall have the power to establish penalties of fines up to $5000 and imprisonment to a maximum of six months for the violation of a law enacted by the Little Salmon/Carmacks First Nation;
- 13.6.4.2 the Supreme Court of the Yukon Territory, the Territorial Court of the Yukon, and the Justice of the Peace Court shall have jurisdiction throughout the Yukon to adjudicate in respect of laws enacted by the Little Salmon/Carmacks First Nation in accordance with the jurisdiction designated to those courts by Yukon Law except that any offence created under a law enacted by the Little Salmon/Carmacks First Nation shall be within the exclusive original jurisdiction of the Territorial Court of the Yukon;
- 13.6.4.3 any offence created under a law enacted by the Little Salmon/Carmacks First Nation shall be prosecuted as an offence against an enactment pursuant to the Summary Convictions Act. R.S.Y. 1986, c. 164 by prosecutors appointed by the Yukon; and
- 13.6.4.4 any term of imprisonment ordered by the Territorial Court of the Yukon pursuant to 13.6.4.1 shall be served in a correctional facility pursuant to the Corrections Act. R.S.Y., 1986c.36.
- 14.1.1 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;
- 14.1.2 other modes of direct taxation of Citizens (and, if agreed under 14.5.2, other persons and entities) within Settlement Land to raise revenue for Little Salmon/Carmacks First Nation purposes; and
- 14.1.3 the implementation of measures made pursuant to any taxation agreement entered into pursuant to 14.8.
14.3 The Little Salmon/Carmacks First Nation shall not exercise its power to enact laws pursuant to 14.1.1 until the expiration of three years following the Effective Date, or until such earlier time as may be agreed between the Little Salmon/Carmacks First Nation and the Yukon.
14.4 The Little Salmon/Carmacks First Nation shall not exercise its power to enact laws pursuant to 14.1.2 until the expiration of three years following the Effective Date.
- 14.5.1 the manner in which the Little Salmon/Carmacks First Nation's power to enact taxation laws under 14.1.2 shall be coordinated with existing tax systems; and
- 14.5.2 the extent, if any, to which the power provided for in 14.1.2 should be extended to apply to other persons and entities within Settlement Land.
PLANNING ASSUMPTIONS
- Pursuant to 3.6 of the LSCSGA Plan, Canada shall provide a negotiated level of funding for the participation of the LSCFN in taxation agreement negotiations. This funding shall be set out in a budget identified in the workplan negotiated with Canada prior to the negotiations.
- The responsible parties will endeavour to inform the Yukon of the progress of the negotiations.
14.6 When the Little Salmon/Carmacks First Nation exercises its jurisdiction, or assumes responsibility, for the management, administration and delivery of local services and, as a consequence, exercises property taxation powers under 14.1.1, the Yukon shall undertake to ensure a sharing of tax room in respect of property taxes or an adjustment in amounts referred to in 14.9, as the case may be, which is equitable.
- 14.6.1 To the extent that the Little Salmon/Carmacks First Nation imposes property taxation for local purposes, the Yukon shall ensure that Yukon municipalities do not incur any consequential net loss.
- 14.6.2 The Little Salmon/Carmacks First Nation and the Yukon shall enter into negotiations as necessary to provide for the efficient delivery of local services and programs.
14.8 The Yukon Minister of Finance may enter into taxation agreements with the LittleSalmon/Carmacks First Nation.
PLANNING ASSUMPTIONS
- Pursuant to 3.6 of the LSCSGA Plan, Canada shall provide a negotiated level of funding for the participation of the LSCFN in taxation agreement negotiations. This funding shall be set out in a budget identified in the workplan negotiated with Canada prior to the negotiations.
- 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 the taxation agreements contemplated by the LSCSGA.
- 14.7.1 taxation powers to an Indian government other than those provided for in this Agreement; or
- 14.7.2 tax exemptions for an Indian government, or an entity owned by an Indian government, other than those provided for in this Agreement,
Canada shall, upon the request in writing of the Little Salmon/Carmacks First Nation, recommend Legislation to the appropriate legislative authority to provide the Little Salmon/Carmacks First Nation with those other powers or exemptions on the same terms as are set out in the Legislation which provides the powers or exemptions to the other Indian government or entity.
PLANNING ASSUMPTIONS
1. In order to determine the amount of taxes that would be payable under the Laws of General Application pursuant to LSCSGA 14.9, Settlement Land, other than Fee Simple Settlement Land, will be assessed under the Assessment and Taxation Act. R.S.Y. 1986, c. 10 and the assessment appeal process under that Act will also apply.
PLANNING ASSUMPTIONS
1. If the Effective Date of the LSCSGA falls on a day other than January 1, the following formulas will be used to calculate the amount of assistance to be paid for each of the ten years for which assistance with payment of the amounts referred to in 14.9 is to be provided. The amount of the assistance provided for each of the ten years will be in respect of portions of two calendar years, calculated as follows:
Assistance:
YEAR 1: (TxY/365)x100% =____
YEAR 2: (T x X/365) x 100% + (T x Y/365) x 90% =____
YEAR 3: (T x X/365) x 90% + (T x Y/365) x 80% =____
YEAR 4: (T x X/365) x 80% + (T x Y/365) x 70% =____
YEAR 5: (T x X/365) x 70% + (T x Y/365) x 60% =____
YEAR 6: (T x X/365) x 60% + (T x Y/365) x 50% =____
YEAR 7: (T x X/365) x 50% + (T x Y/365) x 40% =____
YEAR 8: (T x X/365) x 40% + (T x Y/365) x 30% =____
YEAR 9: (T x X/365) x 30% + (T x Y/365) x 20% =____
YEAR 10: (T x X/365) x 20% + (T x Y/365) x 10% =___
YEAR 11: (T x X/365) x 10% =___
14.12 If amounts referred to in 14.9 remain unpaid six months after the withdraw of any service under 14.11, the taxing authority may attach the assets of the Little Salmon/Carmacks First Nation in addition to all other remedies including the filing of a lien or other instrument against Settlement Land.
- 15.1.1 all of its real property and all or substantially all of its tangible personal property was situate on Settlement Land;
- 15.1.2 it did not carry on any business other than a business carried on by it on Settlement Land, the primary purpose of which was to provide goods or services to Citizens or residents of Settlement Land; and
- 15.1.3 all or substantially all of its activities were devoted to the exercise of its powers of government authorized under this Agreement, Self- Government Legislation, its Settlement Agreement or Settlement Legislation,
and for these purposes, the taxation year of the Little Salmon/Carmacks First Nation shall be the calendar year or such other fiscal period as the Little Salmon/Carmacks First Nation may elect.
- 15.3.1 all the shares and capital of the subsidiary are owned by the Little Salmon/Carmacks First Nation or by another subsidiary that satisfies the requirements of 15.3.1, 15.3.2, 15.3.3. 15.3.4 and 15.3.5;
- 15.3.2 no part of the earnings of the subsidiary are available to any person other than the Little Salmon/Carmacks First Nation or to another subsidiary that satisfies the requirements of 15.3.1, 15.3.2, 15.3.3, 15.3.4, and 15.3.5;
- 15.3.3 all of the real property and all or substantially all of the tangible personal property of the subsidiary is situate on Settlement Land;
- 15.3.4 the subsidiary did not carry on any business other than a business carried on by it on Settlement Land, the primary purpose of which was to provide goods or services to Citizens or residents of Settlement Land, provided that any revenue arising from the provision of goods or services to persons other than Citizens or residents of Settlement Land comprises only an incidental portion of the total revenue from the business; and
- 15.3.5 the subsidiary was not a Settlement Corporation established pursuant to Chapter 20 of the Final Agreement.
17.2 The Little Salmon/Carmacks First Nation shall notify Government by March 31 st of each year of its priorities for negotiations pursuant to 17.1 for the fiscal year beginning April 1st of that year. Within 60 days of receipt of such notification, the Parties shall prepare a workplan to address the Little Salmon/Carmacks First Nation's priorities for negotiation. The workplan shall identify time lines and resources available for negotiations.
PLANNING ASSUMPTIONS
1. Pursuant to 3.6 of the LSCSGA Plan, Canada shall provide a negotiated level of funding for the participation of the LSCFN in program or service transfer negotiations. This funding shall be set out in a budget identified in the workplan negotiated with Canada prior to the negotiations.
- 18.1.1 the savings in expenditures realized by the Yukon as a result of the Little Salmon/Carmacks First Nation's assumption of responsibility for programs and services, taking into account efficiency and economy as well as losses in efficiency that result from the Yukon's continuing responsibility for such programs and services; minus
- 18.1.2 an amount equal to losses in tax revenues resulting from the Little Salmon/Carmacks First Nation occupying tax room previously occupied by the Yukon, but only if the revenue capacity associated with the tax room previously occupied by Yukon remains included in the revenue capacity of the Yukon for the purpose of determining the federal fiscal transfer; minus
- 18.1.3 the monetary value of technical assistance and other contributions in kind provided by the Yukon; as well as
- 18.1.4 any other factors as Canada and the Yukon may agree, but in all cases, the Yukon shall continue to have the capacity to provide to Yukon residents the services for which it remains responsible, at a level or quality comparable to those prevailing prior to assumption of responsibility by the Little Salmon/Carmacks First Nation for the programs and services.
18.2 Any one-time net savings to the Yukon resulting from the Little Salmon/Carmacks First Nation's assumption of responsibilities shall be paid by the Yukon to Canada in instalments of an amount and in accordance with a schedule to be agreed upon.
18.3 The calculation of net savings pursuant to 18.0 shall be made solely at the time that the Little Salmon/Carmacks First Nation initially assumes responsibility for that program or service or part thereof.
18.4 Should there be no fiscal transfer arrangement as contemplated in 18.1 that is in effect at the time, then the Yukon contribution shall be provided for under an agreement to be negotiated by Canada and the Yukon, and shall be based on the stipulations enumerated in 18.1.
- 19.1.1 the revenue capacity associated with the tax base will be subject to offset at a ratio of less than 1:1;
- 19.1.2 any such revenue capacity shall be excluded entirely from such consideration for a period of two years following the date that the Little Salmon/Carmacks First Nation obtains access to that tax base; and
- 19.1.3 the tax rate or rates used to measure revenue capacity during a further period beyond the initial two years shall take into account the capability of the Little Salmon/Carmacks First Nation to exploit that tax
PLANNING ASSUMPTIONS
1. The Constitution will also be maintained in the register of laws.
PLANNING ASSUMPTIONS
1. An advance of federal one-time funding for the development of a system to record Citizens may be provided by means of a contribution agreement with the LSCFN after the federal Order in Council giving effect to the LSCSGA, and will be referenced in the LSCFTA.
PLANNING ASSUMPTIONS
1. Professional advice may be required concerning the accounting standards generally accepted for governments in Canada and concerning consistency with LSCFN financial administration legislation.
24.4 The parties to a dispute described in 24.1 to 24.3 which is not resolved by mediation under 26.6.0 of the Final Agreement may agree to refer the dispute to arbitration under 26.7.0 of the Final Agreement and the arbitrator shall have the authority provided in 26.7.3 of the Final Agreement to resolve the dispute.
- 24.2.1 to the calculation of the contribution of the Yukon provided for in 18.1; or,
- 24.2.2 in the negotiations for the transfer of programs or services provided for in 17.0,
- any party may refer the matter to mediation under 26.4.0 of the Final Agreement.
24.4 The parties to a dispute described in 24-1 to 24.3 which is not resolved by mediation under 26.6.0 of the Final Agreement may agree to refer the dispute to arbitration under 26.7.0 of the Final Agreement and the arbitrator shall have the authority provided in 26.7.3 of the Final Agreement to resolve the dispute.
SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN: ANNEX A ~ ACTIVITY SHEETS
24.4 The parties to a dispute described in 24.1 to 24.3 which is not resolved by mediation under 26.6.0 of the Final Agreement may agree to refer the dispute to arbitration under 26.7.0 of the Final Agreement and the arbitrator shall have the authority provided in 26.7.3 of the Final Agreement to resolve the dispute.
- 25.1.1 the Little Salmon/Carmacks First Nation, and the Yukon or a municipality within the Traditional Territory, may establish a joint planning structure:
- 25.1.1.1 to develop or recommend amendments to a territorial, municipal or Little Salmon/Carmacks First Nation community or area development land use plan; or,
- 25.1.1.2 to carry out other activities to promote compatible land use;
- 25.1.2 where a proposed land use of Non-Settlement Land may have significant impact on the use of adjacent Settlement Land, the Yukon or the affected municipality, as the case may be, shall Consult with the Little Salmon/Carmacks First Nation for the purpose of resolving an actual or potential incompatibility in land use of the Non-Settlement Land and adjacent Settlement Land;
- 25.1.3 where a proposed land use of Settlement Land may have a significant impact on the use of adjacent Non-Settlement Land, the Little Salmon/Carmacks First Nation shall Consult with the Yukon or the affected municipality, as the case may be, for the purpose of resolving an actual or potential incompatibility in land use of the Settlement Land and adjacent Non-Settlement Land;
- 25.1.4 in matters not subject to the development assessment process referred to in Chapter 12 of the Final Agreement, unless otherwise agreed by the Little Salmon/Carmacks First Nation, and either the Yukon or the affected municipality, as the case may be:
- 25.1.4.1 a proposed land use of Non-Settlement Land shall not have a significant adverse impact on the peaceful use and enjoyment of adjacent Settlement Land; and
- 25.1.4.2 a proposed land use of Settlement Land shall not have a significant adverse impact on the peaceful use and enjoyment of adjacent Non-Settlement Land.
25.2 Where Consultation pursuant to 25.1.2 or 25.1.3 does not resolve an actual or potential incompatibility in land use, the Little SaImon/Carmacks First Nation, the Yukon or the affected municipality, may refer the matter to dispute resolution pursuant to 26.4.0 of the Final Agreement.
- 25.2.1 The parties to a dispute referred to dispute resolution pursuant to 25.2 which is not resolved by mediation under 26.6.0 of the Final Agreement may agree to refer the dispute to arbitration under 26.7.0 of the Final Agreement.
- 25.2.2 An arbitrator appointed to hear a dispute pursuant to 25.2 shall have the authority as set out in 26.7.3 of the Final Agreement and the authority to make recommendations to a party to the dispute to: 25.2.2.1 change or vary an existing or proposed land use; 25.2.2.2 modify a land use plan or area development regulation; and
- 25.2.2.3 prepare a new zoning by-law or amend an existing zoning by-law.
- 25.2.3 In making a recommendation in respect of a dispute referred to in 25.2, the arbitrator shall not give any more weight to the fact that a territorial, municipal or Little SaImon/Carmacks First Nation community or area development land use plan, which one party has not had an opportunity to participate in developing, is completed than to any other factor to be taken into consideration.
27.2 Where affected residents have been consulted through a process developed pursuant to 27.1 and the Little Salmon/Carmacks First Nation or Government is satisfied that affected residents support the establishment of a common administrative and planning structure, the Little Salmon/Carmacks First Nation or Government, as the case may be, may request the other party to enter into negotiations respecting the establishment of a common administrative and planning structure.
27.3 In the negotiations referred to in 27.2, the Little Salmon/Carmacks First Nation and Government may agree to establish a common administrative and planning structure within part or all of the Traditional Territory.
27.4 A common administrative and planning structure established pursuant to 27.3 shall:
- 27.4.1 remain under the control of all residents of the Traditional Territory or any agreed upon portion of the Traditional Territory; and
- 27.4.2 include direct representation by the Little Salmon/Carmacks First Nation.
27.5 The Little Salmon/Carmacks First Nation and Government may agree to delegate responsibilities to a common administrative and planning structure established pursuant to 27.3.
27.6 An agreement pursuant to 27.3 to establish a common administrative and planning structure may include provisions respecting:
- 27.6.1 the detailed powers and responsibilities of the common administrative and planning structure;
- 27.6.2 the exact manner by which the common administrative and planning structure shall be created;
- 27.6.3 a process to ensure that the common administrative and planning structure is accountable to all residents of the Traditional Territory or to all residents in any agreed upon portion of the Traditional Territory;27.6.4 the manner in which the representatives to a common administrative and planning structure shall be selected or elected;
- 27.6.5 a detailed implementation plan;
- 27.6.6 financial and cost-sharing arrangements; and
- 27.6.7 such other matters as the Little Salmon/Carmacks First Nation and Government may agree.
PLANNING ASSUMPTIONS
1. Pursuant to 3.6 of the LSCSGA Plan, Canada shall provide a negotiated level of funding for the participation of the LSCFN in negotiations respecting common administrative and planning structures. This funding shall be set out in a budget identified in the workplan negotiated with Canada prior to the negotiations.
ANNEX B
COORDINATION OF LSCFA AND LSCSGA IMPLEMENTATION
GENERAL REQUIREMENTS
- LSCFA 28.3.2.6. requires the Implementation Plan to specify means for coordination of the implementation of the LSCFA and LSCSGA.
- LSCSGA 23.5 specifies coordination of the LSCFA and LSCSGA Implementation Plans to the extent practicable.
RESPONSIBILITIES
3. The LSCFN government and its administrative structure, as established through the LSCFN constitution adopted under the LSCSGA, shall be recognized as the agency responsible for the implementation, on behalf of the LSCFN, of both agreements.
4. Canada and Yukon each agree that, to the extent practicable, consistent processes, practices and interpretations shall be utilized in the implementation of both the LSCFA and LSCSGA, when dealing with LSCFN. Further, should any conflict arise within either government in this regard, it shall be resolved internally and LSCFN shall not be required to deal with such conflicts.
SPECIFIC AREAS OF IMPLEMENTATION COORDINATION
5. All funds flowing to the LSCFN for implementation shall be transferred to LSCFN through the financial transfer agreement process described in LSCSGA 16.0.
6. The Dispute Resolution process of LSCFA Chapter 26 shall be used to resolve all LSCSGA disputes as described in LSCSGA 24.0.
7. The LSCFA Plan general review process described in paragraph 19 of the LSCFA Plan and in LSCSGA 6.6.3 and 6.6.4 shall be carried out simultaneously and in a coordinated fashion. Further, these reviews shall be timed in such a way as to provide input to the negotiations to the new LSCFTA as specified by LSCSGA 16.3.6 and 16.12.
8. The information strategy carried out by LSCFN shall consider the LSCFA, the LSCFA Plan, LSCSGA and the LSCSGA Plan.
9. The training needs for LSCFN shall be integrated into a single plan which will take into account the training requirements of the LSCFA, the LSCFA Plan, LSCSGA and the LSCSGA Plan.
ANNEX B - COORDINATION OF LSCFA AND LSCSGA IMPLEMENTATION
OTHER POTENTIAL AREAS REQUIRING COORDINATION
10. While cross references between agreements have been provided on appropriate Activity Sheets, there are some implicit areas which may require coordination as well. To further specify these areas, the following table has been provided.
POTENTIAL AREAS REQUIRING IMPLEMENTATION COORDINATION
(may include but are not limited to:)
14.12
