Sioux Valley Dakota Nation Governance Agreement and Tripartite Governance Agreement

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Catalogue: R32-275/2013E-PDF
ISBN: 978-1-100-22831-0


© Her Majesty the Queen in right of Canada,
represented by the Minister of Aboriginal Affairs and Northern Development, 2013
This Publication is also available in French under the title: La Nation Dakota de Sioux Valley Accord de gouvernance – Accord Tripatite sur la gouvernance.

PDF Version PDF Version of the Sioux Valley Dakota Nation Governance Agreement and Tripartite Governance Agreement (1,3 Mb, 240 pages)

Table of Contents

 

GOVERNANCE AGREEMENT

This Agreement made as of the 30th day of August, 2013

BETWEEN:

SIOUX VALLEY DAKOTA NATION

as represented by the elected Council of its government

AND

HER MAJESTY THE QUEEN IN RIGHT OF CANADA

as represented by the Minister of Indian Affairs and Northern Development

 

Preamble

  1. On July 3, 1991, Sioux Valley Dakota Nation and Canada entered into a Framework Agreement to undertake negotiations about Sioux Valley Dakota Oyate government arrangements;
  2. On March 2, 2001 Sioux Valley Dakota Nation and Canada entered into a Comprehensive Agreement-in-Principle to continue negotiations about this Agreement;
  3. At the same time, Sioux Valley Dakota Nation, Canada and Manitoba entered into a Tripartite Agreement-in-Principle to continue negotiations about a Tripartite Governance Agreement;
  4. The Government of Canada recognizes and affirms the right of self-government is an existing aboriginal right;
  5. Sioux Valley Dakota Nation and Canada may have different legal views as to the scope and content of any right of self-government;
  6. By this Agreement, Sioux Valley Dakota Nation and Canada intend to set out Sioux Valley Dakota Oyate government arrangements without taking positions about how a right of self-government may be defined at law;
  7. By this Agreement, Sioux Valley Dakota Nation and Canada intend to provide for a government-to-government relationship within the framework of the Canadian constitution;
  8. Sioux Valley Dakota Nation has a unique relationship with Canada which is based, in part, on the historical alliances between the Dakota people and the Crown;
  9. Sioux Valley Dakota Nation is entering into this Agreement upon its assertion that Sioux Valley Dakota Nation exercises a sovereign right to preserve, protect, promote and maintain Sioux Valley Dakota Nation government, language, culture, natural laws, tradition, history and relations with the seven historic Council Fires and with Canada throughout the territory over which Sioux Valley Dakota Nation asserts title;
  10. Sioux Valley Dakota Nation is entering into this Agreement within the framework of the Sioux Valley Dakota Nation Constitution;
  11. At the same time as Sioux Valley Dakota Nation and Canada are entering into this Agreement, Sioux Valley Dakota Nation and Canada are entering into a Tripartite Governance Agreement with Manitoba, in which Manitoba recognizes and concurs with this Agreement and commits to undertake any measures necessary to give legal effect to this Agreement;
  12. The Members approved, and authorized the elected council of Sioux Valley Dakota Nation to sign, this Agreement, the Tripartite Governance Agreement and other documents related to the implementation of the Governance Agreement through the Community Approval Process;
  13. The Governor in Council, by Order in Council, approved, and authorized the signing of these documents on behalf of Canada; and
  14. Canada recognizes its responsibility to uphold the honour of the Crown in its relationship with Sioux Valley Dakota Nation.

Sioux Valley Dakota Nation and Canada agree as follows:

 

Part 1: Definitions and Interpretation

1.0 Definitions and Interpretation

1.01 Defined words and phrases

  1. In this Agreement, words or phrases with initial capital letters have defined meanings.
  2. These meanings are as follows:

« Agreed-Upon Programs and Services » means those programs and services identified in the Sioux Valley Dakota Nation Financial Arrangements Agreement which Sioux Valley Dakota Nation has assumed responsibility to deliver.

« Band » means "band" as defined in the Indian Act.

« Canada » means Her Majesty the Queen in right of Canada, and includes all departments of the Government of Canada.

« Community Approval Process » means the process set out in Schedule "J" by which the Members affirmed their prior approval of the Sioux Valley Dakota Nation Constitution and approved, and authorized the elected council of Sioux Valley Dakota Nation to sign, this Agreement, the Tripartite Governance Agreement and other documents related to the implementation of the Governance Agreement.

« Environment » means "environment" as defined in the Canadian Environmental Protection Act, 1999.

« Federal Implementing Legislation » means the legislation Canada intends to recommend to the Parliament of Canada to give legal effect to this Agreement.

« Initial Sioux Valley Dakota Nation Land Law » means the first Sioux Valley Dakota Nation Law made under 41.01(1) [Laws about Land Management].

« Interest » means, in relation to Sioux Valley Dakota Nation Lands, any legally recognized estate, right or interest of any nature in or to land, but does not include title to land or a fee simple interest in land.

« International Legal Obligation » means an international obligation binding on Canada under international law, including:

  1. an obligation arising under an International Treaty or under the general practice of states accepted as international law; and
  2. an obligation that is in force before, on, or after the date this Agreement comes into effect.

« International Treaty » means a written agreement governed by international law between:

  1. Canada and one or more states; or
  2. Canada and one or more international organizations, whether that agreement is set out in one document, or in two or more related documents, and regardless of what the document is, or the documents are, called.

« International Tribunal » means an international court, committee, tribunal or other international body which has the authority to consider the performance by Canada of an International Legal Obligation.

« IRIS Plan » means the Intergovernmental Relations and Implementation Support Plan referred to in 68.0 [The Intergovernmental Relations and Implementation Support (IRIS) Plan].

« IRIS Committee » means the Intergovernmental Relations and Implementation Support Committee established by Sioux Valley Dakota Nation, Canada and Manitoba in accordance with 67.01 [Establishment, and role, of the Intergovernmental Relations and Implementation Support (IRIS) Committee].

« Jurisdiction » means the power and authority to make a law.

« Manitoba » means Her Majesty the Queen in right of Manitoba, and includes all departments of the Government of Manitoba.

« Member » means, in relation to Sioux Valley Dakota Nation as a Band, an individual whose name is on the "band list" within the meaning of the Indian Act.

« Person without Legal Capacity » means a Sioux Valley Dakota Nation citizen who ordinarily resides on Sioux Valley Dakota Nation Lands but:

  1. who has not reached the age of 18 years; or
  2. who has been declared to be mentally incompetent, or incapable of managing his or her own affairs, by a court or decision-making body of competent jurisdiction, including the Sioux Valley Dakota Nation Court or a decision-making body which has authority to make such determinations under a Sioux Valley Dakota Nation Law.

« Sioux Valley Dakota Nation Asset » means personal property (including money) or land (including an interest in land) owned by Sioux Valley Dakota Nation, but does not include Sioux Valley Dakota Nation Lands.

« Sioux Valley Dakota Nation Constitution » means the written constitution maintained by Sioux Valley Dakota Nation under 9.0 [Sioux Valley Dakota Nation Constitution].

« Sioux Valley Dakota Nation Court » means a court established under a Sioux Valley Dakota Nation Law made under 53.01(1) [Laws about establishing a Sioux Valley Dakota Nation Court].

« Sioux Valley Dakota Nation-FAA » means the Sioux Valley Dakota Nation Financial Arrangements Agreement referred to in 62.0 [The Sioux Valley Dakota Nation Financial Arrangements Agreement].

« Sioux Valley Dakota Nation Lands » means those lands which are described in Schedule "G".

« Sioux Valley Dakota Nation Law » means:

  1. the Sioux Valley Dakota Nation Constitution;
  2. a law made by Sioux Valley Dakota Oyate Government under this Agreement; and
  3. a by-law made by Sioux Valley Dakota Nation that is deemed to be a Sioux Valley Dakota Nation Law under 35.03 [Continuation of existing by-laws].

« Sioux Valley Dakota Nation Police Service » means a police service established under a Sioux Valley Dakota Nation Law made under 52.01(1) [Laws about a Sioux Valley Dakota Nation Police Service].

« Sioux Valley Dakota Nation Trust Moneys » means all moneys held by Canada for the use and benefit of Sioux Valley Dakota Nation as of the date this Agreement comes into effect.

« Sioux Valley Dakota Oyate Government » means the government established by Sioux Valley Dakota Nation under the Sioux Valley Dakota Nation Constitution.

« Tripartite Governance Agreement » means the agreement among Sioux Valley Dakota Nation, Canada and Manitoba entered into at the same time as this Agreement in which Manitoba recognizes and concurs with this Agreement and commits to undertake any measures necessary to give legal effect to this Agreement.

1.02 How this Agreement is to be interpreted

  1. This Agreement includes all the Schedules to this Agreement.
  2. This Agreement is to be interpreted:
    1. in accordance with the Interpretation Act; and
    2. without any presumption that doubtful expressions are to be resolved in favour of Sioux Valley Dakota Nation, Canada or Manitoba.
  3. In this Agreement:
    1. the meaning of words or phrases when defined in one tense applies to all tenses;
    2. the singular includes the plural and vice versa;
    3. headings are for ease of reference and do not form part of this Agreement; and
    4. a reference to a document (including this Agreement) includes any amendment or replacement of it.
  4. For ease of reference, the provisions of this Agreement are referred to as:
Part 1
Article 1.0
Section 1.01
Subsection 1.01(1)
Paragraph 1.01(1)(a) ou 1.01(a)
Subparagraph 1.01(1)a(i) ou 1.01(a)(i)

1.03 Statutory references

Schedule "A" lists the legislation referred to in this Agreement.

 

Part 2: The Government-to-Government Relationship

2.0 Purpose of this Agreement

2.01 Recognition of Sioux Valley Dakota Oyate Government

This Agreement recognizes Sioux Valley Dakota Oyate Government.

2.02 Provision of a government-to-government relationship between Sioux Valley Dakota Nation and Canada

This Agreement provides for a government-to-government relationship between Sioux Valley Dakota Nation and Canada within the framework of the Canadian Constitution.

2.03 Context of this Agreement for Sioux Valley Dakota Nation

Sioux Valley Dakota Nation is entering into this Agreement within the framework of the Sioux Valley Dakota Nation Constitution.

3.0 The government-to-government relationship

3.01 Basis of the government-to-government relationship

The government-to government relationship between Sioux Valley Dakota Nation and Canada provided for in this Agreement is based on the special relationship between them.

4.0 Description of the government-to-government relationship

4.01 Elements of the government-to-government relationship

The government-to-government relationship between Sioux Valley Dakota Nation and Canada provided for in this Agreement includes ongoing political, intergovernmental, financial and communication dimensions.

4.02 Manner in which Sioux Valley Dakota Nation and Canada will conduct themselves

  1. Sioux Valley Dakota Nation and Canada will conduct themselves in the government-to-government relationship provided for in this Agreement so as to promote and demonstrate:
    1. open communication;
    2. respect for their respective governments and laws;
    3. co-operation and collaboration;
    4. consultation and negotiation;
    5. avoidance of conflict; and
    6. fair, effective and independent dispute resolution.
  2. No legal obligations are created by (1).

4.03 No legal obligations outside this Agreement

The government-to-government relationship provided for in this Agreement does not create legal obligations for Sioux Valley Dakota Nation or Canada, except as expressly provided for in this Agreement.

5.0 Status of this Agreement

5.01 This Agreement is not a treaty

This Agreement is not a treaty and does not create "aboriginal or treaty rights" within the meaning of section 25 and subsection 35(1) of the Constitution Act, 1982.

5.02 This Agreement without prejudice to future negotiations

  1. This Agreement does not prejudice the ability of Sioux Valley Dakota Nation and Canada to enter into negotiations in the future, including negotiations relating to aboriginal rights or treaty rights, should they agree to do so.
  2. If Sioux Valley Dakota Nation and Canada enter into treaty negotiations, this Agreement may, if they agree, form a basis for those negotiations.

6.0 Relationship between this Agreement and other matters

6.01 Relationship of this Agreement to existing aboriginal or treaty rights

Nothing in this Agreement:

  1. abrogates or derogates from any aboriginal or treaty rights of Sioux Valley Dakota Nation recognized and affirmed by subsection 35(1) of the Constitution Act, 1982 or the exercise of those rights by individuals;
  2. prejudices, limits or restricts the position that Sioux Valley Dakota Nation, Canada or Manitoba may take at any time about any aboriginal or treaty rights of Sioux Valley Dakota Nation or the exercise of those rights by individuals; or
  3. recognizes or denies any aboriginal or treaty rights of Sioux Valley Dakota Nation or the exercise of those rights by individuals.

6.02 Agreement not an expression of legal views on self-government

By this Agreement, Sioux Valley Dakota Nation and Canada are not expressing any legal views on how any right of self-government may be defined at law.

6.03 Agreement does not prejudice positions on aboriginal title

This Agreement does not prejudice the position Sioux Valley Dakota Nation, Canada or Manitoba may take about any aboriginal title of Sioux Valley Dakota Nation in any lands, including Sioux Valley Dakota Nation Lands.

6.04 Relationship of this Agreement to other rights and freedoms

  1. A Sioux Valley Dakota Nation citizen who is a Canadian citizen continues to be entitled to all the rights and benefits of Canadian citizenship that apply from time to time.
  2. A Sioux Valley Dakota Nation citizen who is a permanent resident of Canada continues to be entitled to all the rights and benefits of permanent residency that apply from time to time.
  3. The Canadian Charter of Rights and Freedoms applies to Sioux Valley Dakota Nation in respect of all matters within its power or authority and to any government, body, institution or person that exercises law-making, executive, judicial or administrative functions, or carries out any other government function, on behalf of Sioux Valley Dakota Nation.
  4. This Agreement does not affect the application to Sioux Valley Dakota Nation of section 25 of the Canadian Charter of Rights and Freedoms.

6.05 Relationship of this Agreement to rights of other aboriginal peoples

Nothing in this Agreement abrogates or derogates from any existing aboriginal or treaty rights of aboriginal peoples in Canada who are not party to this Agreement.

6.06 Continuation of fiduciary relationship

  1. The fiduciary relationship between Canada and Sioux Valley Dakota Nation continues.
  2. Any duty of care or other obligation arising out of that fiduciary relationship may change as a result of the implementation of this Agreement, including as a result of:
    1. the exercise of Jurisdiction by Sioux Valley Dakota Nation; or
    2. the evolution of the government-to-government relationship between Canada and Sioux Valley Dakota Nation provided for in this Agreement.

7.0 Amalgamation with another First Nation or creation of a new First Nation

7.01 Future amalgamation or division

  1. If Sioux Valley Dakota Nation proposes to join with another First Nation, it will make a proposal to amend this Agreement.
  2. If Sioux Valley Dakota Nation proposes to create a new First Nation from Sioux Valley Dakota Nation, it will make a proposal to amend this Agreement.
  3. A proposal made under (1) or (2) will address the effects of the proposal on:
    1. this Agreement;
    2. the Tripartite Governance Agreement;
    3. Sioux Valley Financial Arrangements Agreement; and
    4. the Intergovernmental Relations and Implementation Support Plan.
 

Part 3: Capacity of Sioux Valley Dakota Oyate Government

8.0 Capacities of Sioux Valley Dakota Nation

8.01 Sioux Valley Dakota Nation a legal entity

  1. Sioux Valley Dakota Nation is a legal entity.
  2. Upon this Agreement coming into effect, all rights, interests, assets and obligations of Sioux Valley Dakota Nation as a Band vest in Sioux Valley Dakota Nation.

8.02 Sioux Valley Dakota Nation to act through Sioux Valley Dakota Oyate Government

Sioux Valley Dakota Nation will exercise Jurisdiction, carry out other government functions and otherwise exercise power or authority through Sioux Valley Dakota Oyate Government.

8.03 Standing of Sioux Valley Dakota Oyate Government

Without limiting 8.01(1) [Sioux Valley Dakota Nation a legal entity], Sioux Valley Dakota Nation has the legal capacity to have standing in any legal proceeding involving:

  1. any aboriginal or treaty rights of Sioux Valley Dakota Nation, including those rights that may be exercised by individuals; or
  2. other rights of Sioux Valley Dakota Nation; and
  3. the rights of Sioux Valley Dakota Nation citizens.
 

Part 4: The Sioux Valley Dakota Nation Constitution

9.0 Sioux Valley Dakota Nation Constitution

9.01 Sioux Valley Dakota Nation Constitution

  1. Sioux Valley Dakota Nation will maintain a written constitution.
  2. The Sioux Valley Dakota Nation Constitution will address:
    1. citizenship of Sioux Valley Dakota Nation;
    2. structures of Sioux Valley Dakota Oyate Government, including:
      1. the powers, authority and duties of Sioux Valley Dakota Oyate Government;
      2. composition and membership of Sioux Valley Dakota Oyate Government; and
      3. selecting or electing leaders;
    3. how changes to Sioux Valley Dakota Oyate Government may be made;
    4. how a government function may be delegated and how the delegation of a government function may be amended or revoked;
    5. conflicts of interest for leaders;
    6. accountability of Sioux Valley Dakota Oyate Government to Sioux Valley Dakota Nation citizens;
    7. making Sioux Valley Dakota Nation Laws;
    8. notifying the public of Sioux Valley Dakota Nation Laws;
    9. amending the Sioux Valley Dakota Nation Constitution; and
    10. matters relating to Sioux Valley Dakota Nation Lands as contemplated in Part 8 [Sioux Valley Dakota Nation Lands].
  3. The Sioux Valley Dakota Nation Constitution may provide for other matters consistent with the traditional methods, values and practices of Sioux Valley Dakota Nation.
  4. All Sioux Valley Dakota Nation Laws are subject to the Sioux Valley Dakota Nation Constitution.
 

Part 5: Sioux Valley Dakota Nation Jurisdiction

Scope of Jurisdiction

10.0 Jurisdiction of Sioux Valley Dakota Nation

10.01 Sioux Valley Dakota Nation has Jurisdiction

Sioux Valley Dakota Nation has the Jurisdiction provided for in this Part and in the other Parts referred to in this Part.

10.02 General scope of Sioux Valley Dakota Nation Laws

  1. Unless this Agreement provides otherwise, Sioux Valley Dakota Nation Laws apply only on Sioux Valley Dakota Nation Lands.
  2. Unless this Agreement provides otherwise, Sioux Valley Dakota Nation Laws may apply to:
    1. Sioux Valley Dakota Nation citizens who are on Sioux Valley Dakota Nation Lands;
    2. individuals who are not Sioux Valley Dakota Nation citizens but who are on Sioux Valley Dakota Nation Lands; and
    3. corporations, partnerships, persons who are parties to joint ventures or other entities, to the extent to which they do business on, or are otherwise present on, Sioux Valley Dakota Nation Lands.
  3. Subsection (1) does not limit the Jurisdiction of Sioux Valley Dakota Nation under 12.01 [Laws about citizenship of Sioux Valley Dakota Nation].
  4. Subsection (1) does not limit the ability of Sioux Valley Dakota Nation, subject to any applicable federal and provincial laws, to make programs or services available to, and to operate facilities and institutions for, Sioux Valley Dakota Nation citizens off Sioux Valley Dakota Nation Lands.

10.03 Effective date of Sioux Valley Dakota Nation Laws

  1. A Sioux Valley Dakota Nation Law may not be effective before the date this Agreement comes into effect.
  2. Subject to (1), a Sioux Valley Dakota Nation Law may be effective before the date it comes into effect if that law so provides.

Sioux Valley Dakota Oyate Government

11.0 Sioux Valley Dakota Oyate Government

11.01 Laws about Sioux Valley Dakota Oyate Government

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to the structure, management, operations and procedures of Sioux Valley Dakota Oyate Government.
  2. Laws made under (1) may include laws about:
    1. referenda in relation to decision-making by Sioux Valley Dakota Oyate Government;
    2. selecting or electing leaders; and
    3. establishing entities, structures or mechanisms, including bodies, boards, commissions or tribunals for public purposes.
  3. Laws made under (1) may include laws about:
    1. the financial administration of Sioux Valley Dakota Oyate Government;
    2. internal procedures for:
      1. entering into agreements, including agreements with other governments;
      2. acquiring, or disposing of, Sioux Valley Dakota Nation Assets;
      3. borrowing, lending, spending, or investing money, and the giving of guarantees; and
      4. conducting legal proceedings on behalf of Sioux Valley Dakota Nation; and
    3. procedures for legal proceedings under Sioux Valley Dakota Nation Law against Sioux Valley Dakota Nation.
  4. Laws made under (1) may include laws about:
    1. the powers, authority, duties, responsibilities, accountability and remuneration of, and other similar matters in relation to, leaders of Sioux Valley Dakota Oyate Government;
    2. the powers, authority, duties, responsibilities and accountability of, and other similar matters in relation to officials of Sioux Valley Dakota Oyate Government and entities, structures or mechanisms, including bodies, boards, commissions or tribunals, established under Sioux Valley Dakota Nation Laws;
    3. the liabilities of:
      1. leaders of Sioux Valley Dakota Oyate Government; and
      2. persons acting under the authority of a Sioux Valley Dakota Nation Law
      incurred while carrying out government functions on behalf of Sioux Valley Dakota Oyate Government;
    4. conflicts of interest for leaders of Sioux Valley Dakota Oyate Government; and
    5. conflicts of interest for officials of Sioux Valley Dakota Oyate Government and entities, structures or mechanisms, including bodies, boards, commissions or tribunals, established under Sioux Valley Dakota Nation Laws.
  5. Laws made under (1) may include laws about the internal procedures Sioux Valley Dakota Oyate Government will follow when entering into treaties with Canada or a government of a province of Canada.
  6. Laws made under (1) may include laws about the internal procedures Sioux Valley Dakota Oyate Government will follow when recognizing other First Nations.
  7. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with any applicable federal or provincial law, then the Sioux Valley Dakota Nation Law prevails to the extent of the inconsistency.

11.02 Transition

The elected council of Sioux Valley Dakota Nation as a Band that is in office on the date this Agreement comes into effect is deemed to act as Sioux Valley Dakota Oyate Government until the leaders of Sioux Valley Dakota Oyate Government are selected or elected.

Sioux Valley Dakota Nation Citizenship

12.0 Sioux Valley Dakota Nation Citizenship

12.01 Laws about citizenship of Sioux Valley Dakota Nation

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to citizenship of Sioux Valley Dakota Nation.
  2. Until a Sioux Valley Dakota Nation Law made under (1) comes into effect, eligibility for citizenship in Sioux Valley Dakota Nation will be determined in the same manner in which membership in Sioux Valley Dakota Nation as a Band was determined immediately before this Agreement comes into effect.
  3. A Sioux Valley Dakota Nation Law made under (1) dealing with the eligibility of individuals to become Sioux Valley Dakota Nation citizens will provide that:
    1. an individual who is a Member immediately before that law comes into effect, will be a Sioux Valley Dakota Nation citizen; and
    2. an individual who is not a Member, but who is eligible for membership in Sioux Valley Dakota Nation immediately before that law comes into effect, will be eligible to be a Sioux Valley Dakota Nation citizen.
  4. Eligibility to become a Sioux Valley Dakota Nation citizen under a Sioux Valley Dakota Nation Law does not give an individual Canadian citizenship or permanent resident status.
  5. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with any applicable federal law, then the Sioux Valley Dakota Nation Law prevails to the extent of the inconsistency.

12.02 Register of Sioux Valley Dakota Nation citizens to be kept

  1. Upon a Sioux Valley Dakota Nation Law made under 12.01(1) [Laws about citizenship of Sioux Valley Dakota Nation] coming into effect, Sioux Valley Dakota Nation will establish a register for all individuals who are Sioux Valley Dakota Nation citizens.
  2. Sioux Valley Dakota Nation will enter on that register:
    1. the names of all individuals who are Sioux Valley Dakota Nation citizens and the date those individuals became Sioux Valley Dakota Nation citizens; and
    2. the names of all individuals who were, but are no longer, Sioux Valley Dakota Nation citizens and the date those individuals ceased to be Sioux Valley Dakota Nation citizens.

12.03 Sioux Valley Dakota Nation may pursue issue of Indian registration

This Agreement does not preclude Sioux Valley Dakota Nation from pursuing the establishment of a process by which Sioux Valley Dakota Nation citizens who are not registered as "Indians" under the Indian Act will be entitled to be registered as "Indians".

Sioux Valley Dakota Nation Lands, Agriculture, Natural Resources and the Environment

13.0 Sioux Valley Dakota Nation Lands

13.01 Matters relating to Sioux Valley Dakota Nation Lands

Matters relating to Sioux Valley Dakota Nation Lands are provided for in Part 8 [Sioux Valley Dakota Nation Lands].

14.0 Agriculture

14.01 Laws about agriculture

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to agriculture.
  2. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with any applicable federal or provincial law, then the federal or provincial law prevails to the extent of the inconsistency.

15.0 Natural resources

15.01 Laws about natural resources generally

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to natural resources on, or forming part of, Sioux Valley Dakota Nation Lands to the extent set out in 15.02 to 15.06.
  2. The Jurisdiction of Sioux Valley Dakota Nation under 15.02 to 15.06 includes the power and authority to make laws about:
    1. planning, management and conservation of natural resources;
    2. granting, and transferring, rights or interests in natural resources;
    3. harvesting, extracting, removing, and disposing of natural resources (including access to Sioux Valley Dakota Nation Lands for these purposes);
    4. systems for registering and recording rights or interests in natural resources; and
    5. taking rights or interests in natural resources without the holder's consent.
  3. Laws made under 15.02 to 15.06 which provide for the taking of rights or interests in natural resources without the holder's consent will provide that the holders of those rights or interests receive fair compensation.
  4. Nothing in 15.01 to 15.06 affects the ability of Canada to fulfil any legal obligation to collect information for statistics and reports on natural resources.

15.02 Laws about non-renewable resources

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to non-renewable resources, being mines and minerals (including precious and base minerals), oil and gas and sand and gravel.
  2. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with an applicable federal or provincial law, then the Sioux Valley Dakota Nation Law prevails to the extent of the inconsistency.
  3. Upon a Sioux Valley Dakota Nation Law made under (1) coming into effect which deals with the same, or similar, matters as those matters dealt with in the Indian Oil and Gas Act,that Act no longer applies to Sioux Valley Dakota Nation, Sioux Valley Dakota Nation Lands or the royalties on oil and gas obtained from Sioux Valley Dakota Nation Lands.

15.03 Laws about water

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to:
    1. bodies of water entirely within Sioux Valley Dakota Nation Lands; and
    2. groundwater.
  2. Subject to (3), if a Sioux Valley Dakota Nation Law made under (1) is inconsistent with an applicable federal or provincial law, then the Sioux Valley Dakota Nation Law prevails to the extent of the inconsistency.
  3. If a Sioux Valley Dakota Nation Law made under (1)(b) is inconsistent with an applicable federal or provincial law about water quality, then the federal or provincial law prevails to the extent of the inconsistency.
  4. Sioux Valley Dakota Nation, Canada and Manitoba may enter into agreements with respect to the control, use or management of bodies of water which are not entirely within Sioux Valley Dakota Nation Lands.

15.04 Laws about forest resources

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to forest resources.
  2. Laws made under (1) may include laws about tree nurseries.
  3. Subject to (4), if a Sioux Valley Dakota Nation Law made under (1) is inconsistent with an applicable federal or provincial law, then the Sioux Valley Dakota Nation Law prevails to the extent of the inconsistency.
  4. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with an applicable federal law relating to plant health, then the federal law prevails to the extent of the inconsistency.

15.05 Laws about fish, fish habitat and aquatic plants

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to the protection, harvesting and management of fish in bodies of water entirely within Sioux Valley Dakota Nation Lands.
  2. Sioux Valley Dakota Nation has Jurisdiction in relation to the conservation and protection of fish habitat within Sioux Valley Dakota Nation Lands.
  3. Sioux Valley Dakota Nation has Jurisdiction in relation to the protection, harvesting and management of aquatic plants in bodies of water entirely within Sioux Valley Dakota Nation Lands.
  4. If a Sioux Valley Dakota Nation Law made under (1), (2) or (3) is inconsistent with an applicable federal or provincial law, then the federal or provincial law prevails to the extent of the inconsistency.
  5. Sioux Valley Dakota Nation, Canada and Manitoba may enter into agreements with respect to the protection, harvesting and management of fish or aquatic plants in bodies of water which are not entirely within Sioux Valley Dakota Nation Lands.

15.06 Laws about wildlife

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to wildlife.
  2. Subject to (3), if a Sioux Valley Dakota Nation Law made under (1) is inconsistent with an applicable federal or provincial law, then the Sioux Valley Dakota Nation Law prevails to the extent of the inconsistency.
  3. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with an applicable federal law relating to:
    1. migratory birds or their habitat; or
    2. species at risk or their habitat
    then the federal law prevails to the extent of the inconsistency.

16.0 Environment

16.01 Laws about environmental protection

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to protecting the Environment.
  2. Laws made under (1) may include laws about:
    1. controlling pollution;
    2. waste management;
    3. air quality;
    4. protecting bodies of water entirely within Sioux Valley Dakota Nation Lands;
    5. protecting groundwater; and
    6. environmental emergencies.
  3. A Sioux Valley Dakota Nation Law made under (1) will provide for environmental protections that are at least equal to any comparable protections under federal and provincial laws.
  4. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with an applicable federal or provincial law, then the federal or provincial law prevails to the extent of the inconsistency.

16.02 Agreements relating to environmental matters

  1. Sioux Valley Dakota Nation, Canada, and Manitoba may enter into agreements relating to:
    1. protecting the environment; or
    2. environmental emergencies occurring on or off Sioux Valley Dakota Nation Lands.
  2. One or more municipalities may also be a party to an agreement made under (1).

16.03 Laws about environmental assessment

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to the environmental assessment of undertakings, works or physical activities on Sioux Valley Dakota Nation Lands.
  2. A Sioux Valley Dakota Nation Law made under (1) will provide for comparable requirements to the requirements under the Canadian Environmental Assessment Act, 2012.
  3. A Sioux Valley Dakota Nation Law made under (1) will provide for the matters set out in Schedule "B".
  4. Sioux Valley Dakota Nation will make a law under (1) that comes into effect on the same date as the Initial Sioux Valley Dakota Nation Land Law comes into effect.
  5. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with any applicable federal law, then the federal law prevails to the extent of the inconsistency.

16.04 Process where undertakings, works or physical activities may have significant harmful environmental effects

  1. Sioux Valley Dakota Nation, Canada and Manitoba will proceed in the manner set out in Schedule "C" where:
    1. an undertaking, work or physical activity is subject to an environmental assessment process under Sioux Valley Dakota Nation Law and may reasonably be expected to have significant harmful environmental effects off Sioux Valley Dakota Nation Lands;
    2. an undertaking, work or physical activity off Sioux Valley Dakota Nation Lands is subject to the Canadian Environmental Assessment Act, 2012 and may reasonably be expected to have significant harmful environmental effects on Sioux Valley Dakota Nation Lands; or
    3. an undertaking, work or physical activity off Sioux Valley Dakota Nation Lands is subject to licensing under The Environment Act and may reasonably be expected to have significant harmful environmental effects on Sioux Valley Dakota Nation Lands.
  2. Sioux Valley Dakota Nation, Canada and Manitoba acknowledge that:
    1. the environmental assessment process should avoid unnecessary overlap and duplication; and
    2. if an undertaking, work or physical activity is subject to more than one environmental assessment process, efforts should be made to harmonize the processes with the aim of requiring one process only.

Culture, Recreation and Sport

17.0 Culture, recreation and sport

17.01 Laws about cultural matters

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to Dakota cultural matters.
  2. Laws made under (1) may include laws about:
    1. language;
    2. history and traditions;
    3. arts and crafts;
    4. historic and sacred sites; and
    5. historic and sacred objects.
  3. Subject to (4), if a Sioux Valley Dakota Nation Law made under (1) is inconsistent with any applicable federal or provincial law, then the Sioux Valley Dakota Nation Law prevails to the extent of the inconsistency.
  4. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with the Official Languages Act as it relates to services provided on Sioux Valley Dakota Nation Lands by a "federal institution" as defined in that Act, then the Official Languages Act prevails to the extent of the inconsistency.

17.02 Laws about recreation and sporting activities

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to recreation and sporting activities.
  2. Laws made under (1) may include laws about:
    1. games, sports, races, athletic contests and other amusements; and
    2. entities, structures or mechanisms to administer or deliver recreation and sporting activities.
  3. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with any applicable federal or provincial law, then the Sioux Valley Dakota Nation Law prevails to the extent of the inconsistency.

Social Matters and Health

18.0 Education

18.01 Laws about education

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to education.
  2. Laws made under (1) may include laws about:
    1. pre-school education;
    2. elementary and secondary education;
    3. technical and vocational education and training;
    4. post-secondary education;
    5. education about Dakota culture and language;
    6. curriculum in respect of the types of educational programs described in (a) to (e);
    7. entities, structures or mechanisms, for delivering education services; and
    8. accrediting individuals to teach:
      1. Dakota culture and language; and
      2. subject to (3), other subjects.
  3. A Sioux Valley Dakota Nation Law made under (1) that provides for standards of pre-school, elementary or secondary education, including standards for the accreditation of teachers, will provide for standards that are at least equal to any comparable standards under provincial laws.
  4. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with any applicable federal or provincial law, then the Sioux Valley Dakota Nation Law prevails to the extent of the inconsistency.

19.0 Health

19.01 Laws about health

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to:
    1. the promotion of public health; and
    2. the provision of health services.
  2. Laws made under (1) may include laws regulating the practice and the practitioners of traditional medicine.
  3. A Sioux Valley Dakota Law made under (1) will be consistent with the principles and program criteria set out in the Canada Health Act.
  4. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with any applicable federal or provincial law about:
    1. the organizational structures of health care facilities established by Sioux Valley Dakota Nation; or
    2. the practice, or the practitioners, of traditional medicine on Sioux Valley Dakota Nation Lands,
    then the Sioux Valley Dakota Nation Law prevails to the extent of the inconsistency.
  5. Subject to (4), if a Sioux Valley Dakota Nation Law made under (1) is inconsistent with any applicable federal or provincial law then the federal or provincial law prevails to the extent of the inconsistency.

20.0 Child and family matters

20.01 Laws about the care, protection and guardianship of children in need of protection

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to:
    1. the care, protection and guardianship of children in need of protection who are habitually resident on Sioux Valley Dakota Nation Lands;
    2. the care and protection of children in need of protection who are present, but who are not habitually resident, on Sioux Valley Dakota Nation Lands and who are at immediate risk of harm; and
    3. programs and services of Sioux Valley Dakota Nation for the care of children in need of protection.
  2. A law made under (1) will provide for an entity that is responsible for administering, and providing for the delivery of, programs and services for the care of children in need of protection.
  3. A law made under (1) will provide for standards for the care and protection of children that are at least equal to any comparable standards under provincial laws.
  4. A law made under (1)(a) or (b) will provide that:
    1. the safety and best interests of a child who is affected by the law are the paramount considerations; and
    2. where a child on Sioux Valley Dakota Nation Lands is in need of protection, appropriate steps will be taken to protect that child.
  5. A law made under (1)(b):
    1. will provide that the entity referred to in (2) will take appropriate steps to protect a child who is at immediate risk of harm; and
    2. will provide for the transfer of that child to the appropriate authority responsible for child protection in the political jurisdiction where the child habitually resides.
  6. Despite (1), Sioux Valley Dakota Nation may only exercise Jurisdiction under (1)(a) or (b) where an agreement has been concluded in accordance with 20.14 [Agreements relating to child and family matters] and then will exercise the Jurisdiction in the manner contemplated by that agreement.
  7. If a Sioux Valley Dakota Nation Law made under (1)(c) is inconsistent with any applicable federal or provincial law, then the Sioux Valley Dakota Nation Law prevails to the extent of the inconsistency.
  8. If a Sioux Valley Dakota Nation Law made under (1)(a) or (b) is inconsistent with any applicable federal or provincial law, then the federal or provincial law prevails to the extent of the inconsistency.

20.02 Laws about the care and protection of adults

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to programs and services of Sioux Valley Dakota Nation for the care and protection of adults who require assistance because of disability, dependency, vulnerability or inability to manage their own affairs.
  2. Laws made under (1) may include laws about standards or eligibility criteria in relation to these programs and services.
  3. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with any applicable federal or provincial law, then the Sioux Valley Dakota Nation Law prevails to the extent of the inconsistency.

20.03 Laws about adoption

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to adoption of children under the age of 18 years who are Sioux Valley Dakota Nation citizens and who habitually reside on Sioux Valley Dakota Nation Lands.
  2. Sioux Valley Dakota Nation has Jurisdiction in relation to adoption of adults who are Sioux Valley Dakota Nation citizens and who habitually reside on Sioux Valley Dakota Nation Lands.
  3. Laws made under (1) or (2) may provide for greater restrictions on adoptions than the requirements under provincial laws, but may not be less restrictive.
  4. A law made under (1) or (2) may not affect any adoption made before that the law came into effect.
  5. A law made under (1) or (2) will provide that a certified copy of every order of adoption made under that law will be provided to the Director of Vital Statistics of Manitoba to enable:
    1. the adoption to be registered under The Vital Statistics Act;
    2. any Manitoba birth registration to be amended; and
    3. where the adopted person was born in another political jurisdiction, particulars to be sent to the officer responsible for the maintenance of birth registrations in that other political jurisdiction.
  6. Adoptions made in accordance with a Sioux Valley Dakota Nation Law made under (1) or (2) will be recognized by Canada and Manitoba.
  7. Despite (6), as is also the case with adoptions under provincial law, the recognition by other political jurisdictions of adoptions under Sioux Valley Dakota Nation Law will depend on the laws of the other political jurisdiction.
  8. A law made under (1) or (2) will provide for the recognition by Sioux Valley Dakota Nation of adoptions made in accordance with the laws of Manitoba, regardless of whether or not the adoption is of a Sioux Valley Dakota Nation Dakota citizen.
  9. A law made under (1) or (2) will provide for the recognition by Sioux Valley Dakota Nation of adoptions made in accordance with laws of political jurisdictions other than Sioux Valley Dakota Nation or Manitoba in accordance with generally accepted principles respecting the recognition of adoptions, regardless of whether or not the adoption is of a Sioux Valley Dakota Nation Dakota citizen.
  10. If a Sioux Valley Dakota Nation Law made under (1) or (2) is inconsistent with any applicable federal or provincial law, then the Sioux Valley Dakota Nation Law prevails to the extent of the inconsistency.

20.04 Laws about solemnization of marriage

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to the solemnization of marriage.
  2. A law made under (1) may provide for the same or greater restrictions with respect to the solemnization of the marriage of a person under the age of majority than the requirements under provincial law, but may not be less restrictive.
  3. A law made under (1) will provide that the person who solemnizes a marriage will provide information to the Director of Vital Statistics to enable the marriage to be registered under The Vital Statistics Act.
  4. Marriages solemnized in accordance with a Sioux Valley Dakota Nation Law made under (1) will be recognized by Canada and Manitoba.
  5. Despite (4), as is the case with marriages solemnized in Manitoba, the recognition by other political jurisdictions of marriages under Sioux Valley Dakota Nation Law will depend on the laws of the other political jurisdiction.
  6. A law made under (1) will provide for the recognition by Sioux Valley Dakota Nation of marriages solemnized in accordance with the laws of Manitoba, regardless of whether or not one or both persons are Sioux Valley Dakota Nation citizens.
  7. A law made under (1) will provide for the recognition by Sioux Valley Dakota Nation of marriages solemnized in accordance with the laws of political jurisdictions other than Manitoba or Sioux Valley Dakota Nation in accordance with generally accepted principles respecting recognition of marriage, regardless of whether or not one or both persons are Sioux Valley Dakota Nation citizens.
  8. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with any applicable provincial law, then the Sioux Valley Dakota Nation Law prevails to the extent of the inconsistency.

20.05 Laws about capacity to marry

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to the legal capacity to marry with regard to prohibiting marriages between persons related by consanguinity, affinity, clan membership or adoption.
  2. A law made under (1) may provide for the same or greater restrictions with respect to the legal capacity to marry than the requirements under federal law or the common law, but may not be less restrictive.
  3. Section 4 of the Marriage (Prohibited Degrees) Act does not apply to affect any restrictions on marriage provided for under a Sioux Valley Dakota Nation Law made under (1).
  4. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with any applicable federal law, then the federal law prevails to the extent of the inconsistency.

20.06 Laws about common-law relationships

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to recognition of common-law relationships for the purposes of Sioux Valley Dakota Nation Law.
  2. A law made under (1) may not affect the rights of those persons who have acquired rights relating to their common-law relationship status under applicable federal or provincial laws at the time the Sioux Valley Dakota Nation Law comes into effect.
  3. Any application commenced under a federal or provincial law before a Sioux Valley Dakota Nation Law made under (1) comes into effect may be continued under the federal or provincial law, despite the coming into effect of the Sioux Valley Dakota Nation Law.
  4. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with any applicable federal or provincial law, then the Sioux Valley Dakota Nation Law prevails to the extent of the inconsistency.

20.07 Laws about family real property situated on Sioux Valley Dakota Nation Lands

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to:
    1. sharing and division of rights and interests that families may have in land on Sioux Valley Dakota Nation Lands; and
    2. possession of family homes on Sioux Valley Dakota Nation Lands.
  2. Sioux Valley Dakota Nation will make a law under (1) that comes into effect on the same date as the Initial Sioux Valley Dakota Nation Land Law comes into effect.
  3. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with any applicable federal or provincial law, then the Sioux Valley Dakota Nation Law prevails to the extent of the inconsistency.

20.08 Laws about family personal property

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to the sharing and division of the personal property of spouses, and common law partners, habitually resident on Sioux Valley Dakota Nation Lands where the spouses or common law partners agree in writing that Sioux Valley Dakota Nation Law will apply to the sharing and division of all their personal property.
  2. Despite (1), Sioux Valley Dakota Nation may only exercise Jurisdiction under (1) where an agreement has been concluded in accordance with 20.14 [Agreements relating to child and family matters] and then will exercise the Jurisdiction in the manner contemplated by that agreement.
  3. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with any applicable federal or provincial law, then the federal or provincial law prevails to the extent of the inconsistency.

20.09 Laws about conciliation, mediation and counselling

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to recognizing or establishing entities, mechanisms or structures to provide conciliation, mediation and counselling services for the family and domestic affairs of:
    1. Sioux Valley Dakota Nation citizens; and
    2. persons who are not Sioux Valley Dakota Nation citizens but who are habitually resident on Sioux Valley Dakota Nation Lands who agree to use those services.
  2. Laws made under (1) may include laws about standards in relation to:
    1. the certification of conciliators, mediators and counsellors;
    2. the provision of conciliation, mediation and counselling services; and
    3. the types of matters in respect of which services might be provided, including matters relating to custody of and access to children.
  3. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with any applicable federal or provincial law, then the Sioux Valley Dakota Nation Law prevails to the extent of the inconsistency.

20.10 Laws about programs and services to assist families

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to programs and services of Sioux Valley Dakota Nation to assist families in addressing matters relating to:
    1. private guardianship;
    2. custody of, and access to, children;
    3. support of children; and
    4. support of spouses and common law partners.
  2. Laws made under (1) may include laws about standards or eligibility criteria in relation to these programs and services.
  3. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with any applicable federal or provincial law, then the Sioux Valley Dakota Nation Law prevails to the extent of the inconsistency.

20.11 Laws about traditional methods, values and practices concerning child and family matters

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to the development of a code or set of principles concerning traditional methods, values and practices about child and family matters.
  2. This code or set of principles may be used to assist the parties, mediators or courts involved in child and family matters in resolving disputes.
  3. A code or set of principles made under a Sioux Valley Dakota Nation Law made under (1) may be considered by those parties, mediators or courts, but will not affect the application of any other Sioux Valley Dakota Nation Law or any applicable federal or provincial law.

20.12 Rights, protections and responsibilities

  1. Sioux Valley Dakota Nation Laws made under this Article will provide for rights and protections that at least equal the rights and protections of similarly-situated persons under applicable federal or provincial laws.
  2. Sioux Valley Dakota Nation Laws made under this Article will provide for responsibilities similar to responsibilities under comparable federal or provincial laws.

20.13 Registries under Sioux Valley Dakota Nation Law relating to child and family matters

If Sioux Valley Dakota Nation has Jurisdiction in relation to a subject area provided for in this Article, that Jurisdiction includes the power and authority to make laws providing for registries for records of decisions made under those laws.

20.14 Agreements relating to child and family matters

Sioux Valley Dakota Nation, Canada and Manitoba recognize that arrangements among them may be beneficial to enable Sioux Valley Dakota Nation to practically and effectively exercise the Jurisdiction provided for in this Article and accordingly Sioux Valley Dakota Nation and Canada and Manitoba, or Sioux Valley Dakota Nation and Canada or Manitoba, may enter into agreements relating to:

  1. harmonization of Sioux Valley Dakota Nation Laws and federal and provincial laws;
  2. application of Sioux Valley Dakota Nation Laws to individuals who are not on Sioux Valley Dakota Nation Lands;
  3. mechanisms to allow for reciprocal recognition and enforcement of orders;
  4. the obligations of Canada and Manitoba under arrangements with other political jurisdictions in relation to matters addressed by this Article;
  5. furthering the shared goals of Sioux Valley Dakota Nation, Canada and Manitoba of promoting efficiency and effectiveness in providing programs and services to Sioux Valley Dakota Nation citizens by assisting Sioux Valley Dakota Nation in implementing a decision to delegate some governmental functions to an aggregate of First Nations or to some other government, body or institution;
  6. programs and services in relation to the matters addressed by this Article, including the provision for the involvement of Sioux Valley Dakota Nation in matters relating to the protection of adults;
  7. principles to determine which court or tribunal will have jurisdiction to hear and determine the matters addressed by this Article;
  8. principles that will apply under Sioux Valley Dakota Nation Laws made under this Article; and
  9. other things to enable Sioux Valley Dakota Nation to practically and effectively exercise the Jurisdiction provided for in this Article.

21.0 Social development

21.01 Laws about social development and support services

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to social development and support services.
  2. Laws made under (1) may include laws about:
    1. income support and welfare; and
    2. entities, structures or mechanisms to administer or deliver social development and support services.
  3. Subject to (4), if a Sioux Valley Dakota Nation Law made under (1) is inconsistent with any applicable federal or provincial law, then the Sioux Valley Dakota Nation Law prevails to the extent of the inconsistency.
  4. If Sioux Valley Dakota Nation Law made under (1) is inconsistent with a federal law about the provision of income support programs and services established for the benefit of the general public, then the federal law prevails to the extent of the inconsistency.

Administration of the Property of Sioux Valley Dakota Nation Citizens

22.0 Administration of estates and related matters

22.01 Laws about presumption of death

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to presumptions concerning the death of Sioux Valley Dakota Nation citizens who have disappeared, but who, at the time they disappeared, ordinarily resided on Sioux Valley Dakota Nation Lands.
  2. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with any applicable federal or provincial law, then the Sioux Valley Dakota Nation Law prevails to the extent of the inconsistency.

22.02 Laws about the administration of estates of deceased Sioux Valley Dakota Nation citizens

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to the administration of estates of Sioux Valley Dakota Nation citizens who, at the time of their death, ordinarily resided on Sioux Valley Dakota Nation Lands.
  2. Laws made under (1) may include laws about:
    1. the form and validity of wills;
    2. the probate of wills;
    3. the distribution of property of Sioux Valley Dakota Nation citizens who died without a will; and
    4. the provision out of an estate for the maintenance and support of individuals who were dependent upon deceased Sioux Valley Dakota Nation citizen at the time of death.
  3. A Sioux Valley Dakota Nation Law made under (1) does not apply if the deceased died before the Sioux Valley Dakota Nation Law comes into effect.
  4. A Sioux Valley Dakota Nation Law made under (1) does not apply to property which Canada holds, or which an employee or agent of Canada holds, on behalf of a deceased Sioux Valley Dakota Nation citizen.
  5. A will that is valid in accordance with a Sioux Valley Dakota Nation Law made under (1) is valid under federal and provincial laws.
  6. Despite (5), as is the case with wills validated in Manitoba, the recognition by other political jurisdictions of wills validated under Sioux Valley Dakota Nation Law will depend on the laws of the other political jurisdiction.
  7. A Sioux Valley Dakota Nation Law made under (1) will provide that a will that is valid in accordance with a federal or provincial law is valid under Sioux Valley Dakota Nation Laws.
  8. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with any applicable federal or provincial law, then the Sioux Valley Dakota Nation Law prevails to the extent of the inconsistency.

22.03 Laws about the administration of the property of Persons without Legal Capacity

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to the administration of the property of Persons without Legal Capacity.
  2. A Sioux Valley Dakota Nation Law made under (1) does not apply to the administration of the property of Persons without Legal Capacity for whom a committee or substitute decision maker was lawfully appointed before that law came into effect, unless the committee or substitute decision maker consents in writing.
  3. A Sioux Valley Dakota Nation Law made under (1) does not apply to property which Canada holds, or which an employee or agent of Canada holds, on behalf of a Person without Legal Capacity unless that property is transferred to, and is then administered by, a Sioux Valley Dakota Nation citizen or other person.
  4. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with any applicable federal or provincial law, then the Sioux Valley Dakota Nation Law prevails to the extent of the inconsistency.

22.04 Laws about determining competence for certain purposes

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to determining whether Sioux Valley Dakota Nation citizens who ordinarily reside on Sioux Valley Dakota Nation Lands are mentally incompetent, or are incapable of managing their own affairs, for the purposes of a Sioux Valley Dakota Nation Law made under 22.03(1) [Laws about the administration of the property of Persons without Legal Capacity].
  2. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with any applicable federal or provincial law, then the Sioux Valley Dakota Nation Law prevails to the extent of the inconsistency.

Economic Matters

23.0 Economic subject matters

23.01 Laws about businesses, business activities and persons engaged in business

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to:
    1. establishing forms of business organization to carry out business activities on Sioux Valley Dakota Nation Lands, including forms of business organization that reflect traditional methods, values and practices of Sioux Valley Dakota Nation;
    2. subject to (2), restricting business activities on Sioux Valley Dakota Nation Lands including providing for licences, permits, approvals and inspections;
    3. the terms and conditions of licences, permits or approvals; and
    4. the duration of licences, permits or approvals and the suspension or cancellation of licences, permits or approvals.
  2. A Sioux Valley Dakota Nation Law made under (1) may not have the effect of preventing any business or person engaged in business that may lawfully carry out business activities in the Province of Manitoba in accordance with a federal or provincial law from carrying out business activities on Sioux Valley Dakota Nation Lands, if that business or person engaged in business complies with any licensing, permitting or approval requirements under Sioux Valley Dakota Nation Laws.
  3. Subject to (4), if a Sioux Valley Dakota Nation Law made under (1) is inconsistent with any applicable federal or provincial law, then the Sioux Valley Dakota Nation law prevails to the extent of the inconsistency.
  4. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with any applicable federal law dealing with competition, then the federal law prevails to the extent of the inconsistency.

23.02 Laws about security interests in personal property

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to security interests in personal property on Sioux Valley Dakota Nation Lands that belongs to:
    1. Sioux Valley Dakota Nation;
    2. Sioux Valley Dakota Nation citizens; or
    3. persons on Sioux Valley Dakota Nation Lands who are not Sioux Valley Dakota Nation citizens but who are registered as "Indians" within the meaning of the Indian Act.
  2. Laws made under (1) may include laws about:
    1. the types of personal property in respect of which a security interest may be given;
    2. the types of security interests that may be given;
    3. the requirements of a valid security agreement;
    4. subject to (3), priorities between security interests in the same personal property;
    5. the rights of secured parties on default; and
    6. the establishment of a registry for security interests.
  3. A security interest which exists as of the date this Agreement comes into effect in personal property on Sioux Valley Dakota Nation Lands that belongs to Sioux Valley Dakota Nation or a person to whom a Sioux Valley Dakota Nation Law made under (1) applies continues in accordance with its terms.
  4. Subject to (3), a security interest of the type described in that Subsection will be subject to Sioux Valley Dakota Nation Laws.
  5. A law made under (1) will provide for a manner of determining priorities between two or more security interests in the same personal property to which that law applies provided that:
    1. priorities between security interests created before that law came into effect will be resolved in accordance with the laws governing priorities, or any agreement between the parties to those security interests, in effect immediately before that law came into effect; and
    2. a security interest in personal property to which that law applies created before that law came into effect will have priority over a security interest in the same property created after that law came into effect unless the holder of the prior security interest agrees otherwise.
  6. Laws made under (1) may not conflict with the common law (as modified by federal or provincial statutory laws) as it applies to business and commercial matters.
  7. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with any applicable federal or provincial law, then the Sioux Valley Dakota Nation Law prevails to the extent of the inconsistency.

24.0 Direct taxation and fees and charges

24.01 Matters relating to taxation

Matters relating to taxation are provided for in Part 11 [Taxation Matters].

24.02 Laws respecting fees and charges

If Sioux Valley Dakota Nation has Jurisdiction in relation to a subject matter provided for in this Agreement, that Jurisdiction includes the power and authority to make laws in that subject area providing for:

  1. user fees;
  2. service charges; and
  3. charges relating to the use and ownership of Sioux Valley Dakota Nation Assets other than taxes.

25.0 Sioux Valley Dakota Nation Assets

25.01 Laws about Sioux Valley Dakota Nation Assets

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to administering, managing and disposing of Sioux Valley Dakota Nation Assets on Sioux Valley Dakota Nation Lands.
  2. Sioux Valley Dakota Nation has Jurisdiction in relation to its internal procedures for:
    1. acquiring property, including land, intended to become a Sioux Valley Dakota Nation Asset; and
    2. administering, managing and disposing of Sioux Valley Dakota Nation Assets.
  3. If a Sioux Valley Dakota Nation Law made under (1) or (2) is inconsistent with any applicable federal or provincial law, then the Sioux Valley Dakota Nation Law prevails to the extent of the inconsistency.

25.02 Transfer of Sioux Valley Dakota Nation Trust Moneys

  1. On the date this Agreement comes into effect, Canada will transfer to Sioux Valley Dakota Nation all Sioux Valley Dakota Nation Trust Moneys.
  2. Following that transfer, Canada will have no further obligation or responsibility for the use, management or administration of those moneys.
  3. If Canada collects or receives any further moneys for the use and benefit of Sioux Valley Dakota Nation after the date this Agreement comes into effect, Canada will transfer those moneys to Sioux Valley Dakota Nation.
  4. Following that transfer, Canada will have no further obligation or responsibility for the use, management or administration of those moneys.

Transportation and Infrastructure

26.0 Traffic and transportation

26.01 Laws about regulation of traffic

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to the regulation of traffic.
  2. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with any applicable federal or provincial law, then the federal or provincial law prevails to the extent of the inconsistency.

26.02 Laws about local public transportation systems

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to local public transportation systems operating entirely within Sioux Valley Dakota Nation Lands.
  2. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with any applicable federal or provincial law, then the federal or provincial law prevails to the extent of the inconsistency.

27.0 Public and private works and community infrastructure

27.01 Laws about works and infrastructure

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to public and private works and community infrastructure.
  2. Laws made under (1) may include laws about:
    1. housing;
    2. construction, repair and use of buildings;
    3. water supply;
    4. infrastructure, including:
      1. the opening or closing of roads; and
      2. the construction and maintenance of roads, bridges, underpasses and drains;
    5. supply and distribution of energy, including electricity;
    6. waste and sewage disposal and recycling;
    7. fire protection and prevention services; and
    8. control of domestic animals.
  3. For the purposes of (2)(d):
    1. "roads" include road allowances, streets, lanes or sidewalks; and
    2. "drains" include culverts, drainage ditches, drains or dykes.
  4. A Sioux Valley Dakota Nation Law made under (1) will provide for standards that at least equal to any comparable standards provided for under any federal or provincial laws.
  5. Subject to (6), if a Sioux Valley Dakota Nation Law made under (1) is inconsistent with any applicable federal or provincial law, then the Sioux Valley Dakota Nation Law prevails to the extent of the inconsistency.
  6. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with:
    1. any applicable federal or provincial law about agriculture, then the federal or provincial law prevails to the extent of the inconsistency;
    2. any applicable federal law about environmental protection, then the federal law prevails to the extent of the inconsistency;
    3. any applicable federal law about the assessment of the environmental effects of an undertaking, work or physical activity, then the federal law prevails to the extent of the inconsistency;
    4. the National Energy Board Act, then the National Energy Board Act prevails to the extent of the inconsistency; or
    5. any applicable federal or provincial law about transportation, then the federal or provincial law prevails to the extent of the inconsistency.

Justice

28.0 Justice matters

28.01 Matters relating to justice

Justice matters are dealt with in Part 9 [Justice Matters].

Public Safety and Order

29.0 Public safety and order

29.01 Laws about intoxicants

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to prohibiting the sale, exchange, possession or consumption of intoxicants.
  2. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with any applicable federal or provincial law, then the Sioux Valley Dakota Nation Law prevails to the extent of the inconsistency.

29.02 Laws about disorderly conduct and public nuisances

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to:
    1. preventing disorderly conduct;
    2. controlling or prohibiting public nuisances; and
    3. imposing and enforcing curfews.
  2. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with any applicable federal or provincial law, then the Sioux Valley Dakota Nation Law prevails to the extent of the inconsistency.

29.03 Laws about public safety and order

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to public safety and order.
  2. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with any applicable federal or provincial law, then the federal or provincial law prevails to the extent of the inconsistency.

29.04 Laws about firearms

  1. Sioux Valley Dakota Nation has Jurisdiction in relation to the use of firearms.
  2. If a Sioux Valley Dakota Nation Law made under (1) is inconsistent with any applicable federal or provincial law, then the federal or provincial law prevails to the extent of the inconsistency.

Other Subject Matters

30.0 Jurisdiction not included in this Agreement

30.01 Matters in relation to which Jurisdiction is not provided for

  1. Despite any other provision in this Agreement, the Jurisdiction of Sioux Valley Dakota Nation provided for in this Agreement does not include the power and authority to make laws in relation to:
    1. "the criminal law... including the procedure in criminal matters" within the meaning of subsection 91(27) of the Constitution Act, 1867;
    2. subject to 18.01(2)(h)(ii) [Laws about education], the regulation of the practice or trade of persons who need to be licensed or certified under federal or provincial law;
    3. subject to 29.01(1) [Laws about intoxicants], the regulation of products or substances that are regulated under federal or provincial laws, including matters dealt with in the Firearms Act;
    4. banking, insurance, bankruptcy and insolvency;
    5. matters dealt with in The Securities Act;
    6. occupational health and safety, labour relations and working conditions;
    7. federal works, undertakings or businesses (including public works or property under the control of a minister, board or agency of Canada, or of any corporation acting on behalf of a minister, board or agency) or the operation of federal works, undertakings or businesses or matters relating to transportation in relation to which Canada has jurisdiction; or
    8. any intangible property right resulting from intellectual activity in the industrial, scientific, literary or artistic fields, including, but not limited to, any right relating to patents, copyrights, trademarks, industrial designs or plant breeders' rights.
  2. Subsection (1) does not mean that Sioux Valley Dakota Nation has the power and authority to make laws in relation to a subject matter other than a subject matter in relation to which Jurisdiction is provided for in this Part or in the other Parts referred to in this Part.