Implementation Plan For The Teslin Tlingit Council Self-Government Agreement

Table of contents

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 Teslin Tlingit Council as represented by the Chief (hereinafter referred to as the Teslin Tlingit Council);

AND

the Government of the Yukon as represented by the Government Leader of the Yukon (hereinafter referred to as the "Yukon");

hereinafter referred to collectively as the "Parties".

WHEREAS the Parties signed the document entitled the Teslin Tlingit Council Self-Government Agreement (hereinafter referred to as the "SGA") between Her Majesty the Queen in Right of Canada, the Teslin Tlingit Council and the Government of the Yukon;

WHEREAS clause 23.1 of the SGA states that the Parties agree to conclude an implementation plan (hereinafter referred to as the "SG Plan"); and

WHEREAS clause 23.5 of the SGA requires the implementation plan to be attached to but not form a part of the SGA, to be a contract between the Parties, and to be coordinated with the implementation plan for the Final Agreement;

THEREFORE, the Parties agree as follows:

1.0 Interpretation of the SG Plan

1.1 Nothing in the SG Plan shall be considered an amendment to, modification of, or derogation from the SGA.

1.2 Where there is any inconsistency or conflict between the provisions of the SG Plan and the provisions of the SGA, the provisions of the SGA shall prevail to the extent of the inconsistency or conflict.

1.3 Unless the context otherwise requires, capitalized words and phrases in the SG Plan shall have the meanings assigned in the SGA.

1.4 The SG Plan shall be interpreted so as to promote the implementation of the provisions of the SGA and to avoid conflict or inconsistency with the provisions of the SGA.

2.0 Legal Status of the SG Plan

2.1 The SG Plan shall be attached to but shall not form a part of the SGA.

2.2 Pursuant to 23.5 of the SGA, the provisions of the SG Plan constitute a contract between the Parties.

2.3 Activity Plans which, based upon the understanding of the Parties, describe the specific activities, projects and measures required to implement the provisions of the SGA shall be attached to but shall not form a part of the SG Plan and are not intended by the Parties to create legal or contractual obligations.

2.4 Coordination Sheets which, based on the understanding of the Parties, describe the measures required to coordinate the implementation of the provisions of the SGA and the provisions of the Teslin Tlingit Council Final Agreement, signed on the __29th______ day of __May_______, 1993, shall be attached to but shall not form a part of the SG Plan and are not intended by the Parties to create legal or contractual obligations.

3.0 Implementation Funding

3.1 Subject to any amendment of the SG Plan by the Parties, Canada shall make financial payments to the Teslin Tlingit Council for the implementation of the SGA as follows:

3.1.1 $133,825.00 annually (1992 dollars subject to population and price escalators as set out in Annex 6 of the Financial Transfer Agreement);

3.1.2 $111,343.00 annually for a ten year period (1992 dollars subject to population and price escalators as set out in Annex 6 of the Financial Transfer Agreement);

3.1.3 $237,500.00 (1992 dollars subject to the price escalator set out in Annex 6 of the Financial Transfer Agreement) paid in three annual installments of $118,750.00, $59,375.00, and $59,375.00 respectively.

3.2 The payments referred to in 3.1 shall be made in accordance with the provisions of the Financial Transfer Agreement between the Teslin Tlingit Council and Canada.

3.3 The payment of the amounts set out in 3.1, or any amended amount required to be paid, represents the fulfillment of Canada's obligation as set out in the SGA to provide funding to the Teslin Tlingit Council for the following periods of time:

3.3.1 for the purposes of 3.1.1 and 3.1.3, for the period of time set out in the Financial Transfer Agreement; and

3.3.2 for the purposes of 3.1.2, for the period of time identified in 3.1.2.

3.4 Subsequent to the preparation of workplans which identify the timelines and resources for negotiations, Canada shall provide a negotiated level of funding for the participation of the Teslin Tlingit Council in the negotiations provided for in 13.5.2, 13.6.1, 14.5, 14.6, 14.8, 17.0, and 27.0 of the SGA.

4.0 Implementation Plan Review

4.1 Pursuant to 6.6 of the SGA the Parties shall complete a review of the SG Plan, Activity Plans and Coordination Sheets within five years of the Effective Date of the SGA unless the Parties agree otherwise.

5.0 Amendment

5.1 The Parties shall consider whether to amend the SG Plan, Activity Sheets and the Coordination Sheets as a result of the review conducted pursuant to 4.1.

5.2 The Parties, by agreement, may amend the SG Plan at any time, and any amendment to the SG Plan shall be made in writing by the Parties.

IN WITNESS WHEREOF we, the duly authorized representatives of the Parties, have affixed our signatures hereunder as of this 29th day of May,1993.

SIGNED ON BEHALF OF THE TESLIN TLINGIT COUNCIL:

_____________________________
Douglas Smarch, Sr.
Clan Leader - Daxaweidi
_____________________________
Witness
_____________________________
Matthew Thom
Clan Leader - Yanyeidi
_____________________________
Witness
_____________________________
Watson Smarch
Clan Leader - Daishetaan
_____________________________
Witness
_____________________________
Frank Jackson
Clan Leader - Xooxetaan
_____________________________
Witness
_____________________________
Sam Johnston
Clan Leader - Isheketaan
_____________________________
Witness
_____________________________
David Keenan
Chief, Teslin Tlingit Council
_____________________________
Witness

SIGNED ON BEHALF OF THE GOVERNMENT OF CANADA:

_____________________________
The Honourable Tom Siddon
Minister of Indian Affairs and
Northern Development
_____________________________
Witness

SIGNED ON BEHALF OF THE GOVERNMENT OF THE YUKON:

_____________________________
John Ostashek
Government Leader of the Yukon
_____________________________
Witness

Activity Plans

These Activity Plans are based on the understanding of the Parties to the Teslin Tlingit Council Self-Government Agreement (the "SGA"), initialled by the negotiators on January 31, 1993, and describe the specific activities, projects and measures required to implement the provisions of the SGA and are not intended to create legal or contractual obligations.

Unless the context otherwise requires, capitalized words and phrases in the Activity Plans shall have the meanings assigned in the SGA.

The Parties, by agreement, may amend the Activity Plans at any time, and any amendment to the Activity Plans shall be made in writing by the Parties.

In the SGA Activity Plans and Coordination Sheets that follow, these terms have been abbreviated as listed below:

Department of Indian Affairs and Northern Development - DIAND
Self-Government - SG
Teslin Tlingit Council - TTC
Teslin Tlingit Council Final Agreement - TTFA
Yukon First Nation(s) - YFN(s)
Yukon Indian Person - YIP

Coordination of TTFA and SGA Implementation

GENERAL REQUIREMENTS

1. TTFA 28.3.2.6 requires the Implementation Plan to specify means for coordination of the implementation of the TTFA and SGA.

2 . SGA 23.5 specifies coordination of the TTFA and SGA implementation plans to the extent practicable.

RESPONSIBlLlTlES

3. The TTCgovernment and its administrative structure, as established through the TTC constitution adopted under the SGA, shall be recognized as the agency responsible for the implementation, on behalf of the TTC 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 TTFA and SGA, when dealing with TTC. Further, should any conflict arise within either government in this regard, it shall be resolved internally and TTC shall not be required to deal with such conflicts.

SPECIFIC AREAS OF IMPLEMENTATION COORDINATION

5. All funds flowing to the TTC for implementation shall be transferred to TTC through the Financial Transfer Agreement (FTA) process described in SGA 16.0.

6. The Dispute Resolution process of TTFA Chapter 26 shall be used to resolve all SGA disputes as described in SGA 24.0.

7. The Implementation Plan general review process described in paragraph 19 of the TTFA Implementation Plan and in SGA 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 FTA as specified by SGA 16.3.6 and 16.12.

8. The information strategy carried out by TTC shall address the TTFA, SGA and Implementation Plans.

9. The training needs for TTC shall be integrated into a single plan which will take into account the training requirements of the TTFA, SGA and the associated Implementation Plans.

OTHER POTENTIAL AREAS REQUIRING COORDINATION

10. While cross references between agreements have been provided on appropriate Activity Plans, there are some implicit areas which may require coordination as well. To further specify these areas, the following table has been provided.

Table

POTENTIAL AREAS REQUIRING IMPLEMENTATION COORDINATION
(may include but are not limited to:)

Referenced Clause Area of Concern
Consistent application
TTFA
Definitions
SGA
2.0 3.0 Rights of citizens/benef. as YIP
2.3.6 21.1 TTFA amend. published in TTC law registry
2.7 16.4.2 Disclosure of information
2.11.4.1

Legis.

Legal entity
4.1.1.1 29.0 Reserve status
5.0 25.0

Compatible land use re: C Settlement Land

5.0 28.0 Laws on certain C Settlement Land
19.0 16.8 FTA calculation re: compensation
20.0 15.2, 15.3.5 Tax status settlement corp.
20.6 14.0 Income tax
21.2.1 14.0 Property tax
21.2.3 14.0 Property tax
21.2.4 14.0 Property tax
21.2.5.1 14.0 Property tax
21.3 14.0 Property tax
21.2.4 26.0 Service agreements
21.3 26.0 Service agreements
21.4 26.0 Service agreements
24.10.1 5.3 Amendment Legislation
TTFA 8.3 Inconsistency/conflict

Self-Government Agreement Activity Plan

PROVISION:
5.3 Government shall Consult the affected Yukon First Nations during the drafting of any subsequent amendments to Self-Government Legislation.

Cross Reference
7.4

RESPONSIBILITY ACTIVITIES TIMING
TTC or Government Identify or confirm need for amendment. As necessary
TTC Conduct research and analysis regarding amendment. As necessary
Yukon or Canada as appropriate Decide to amend SG Legislation. As necessary
Yukon or Canada as appropriate Notify TTC of proposed amendment to SG Legislation. Provide details. Prior to amending SG Legislation
TTC Prepare and present views. Within a reasonable time period
Yukon or Canada as appropriate Provide full and fair consideration of TTC views. Make revisions as necessary. After views presented
Yukon or Canada as appropriate Amend SG Legislation. As decided by Government, after considering TTC views

PLANNING ASSUMPTIONS

  1. This is a contingent activity.

  2. If a proposed amendment affects all YFNs, rather than just some of the YFNs, one territory-wide consultative process may be appropriate.

PROVISION:
6.1 This Agreement may only be amended with the consent of the Parties.

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 Teslin Tlingit Council, by the Executive Council.

Cross Reference
6.3, 6.4, 6.5, 6.6.5, 7.3

RESPONSIBILITY ACTIVITIES TIMING
TTC, Canada and Yukon Define and/or evaluate proposed amendment. As required
TTC, Canada and Yukon Negotiate and draft amendment. As required
TTC, Canada, and Yukon Consent to the amendment. As required
TTC Notify TTC Citizens. After consent by all Parties is obtained

PLANNING ASSUMPTIONS

  1. This is a contingent activity.

PROVISION:
6.3 Where Government has concluded a self-government agreement with another Yukon First Nation which includes provisions more favourable than those in this Agreement, and where it would be practical to include those provisions in this Agreement, Government, at the request of the Teslin Tlingit Council, shall negotiate with the Teslin Tlingit Council 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.

6.5 The Parties shall make amendments to this Agreement which are required to give effect to orders or decisions of an arbitrator pursuant to 6.4.

Cross Reference
6.1, 6.2, 24.0

RESPONSIBILITY ACTIVITIES TIMING
TTC Monitor other YFN SG Agreements for more favourable provisions. As SG Agreements are negotiated
TTC, Canada and Yukon Negotiate amendments, where practical. At request of TTC
TTC, Canada or Yukon Refer to dispute resolution under 26.3.0 of the TTFA. Prepare and participate in mediation and potentially arbitration. If negotiations fail
TTC, Canada and Yukon Draft/copy provisions. As required
TTC, Canada and Yukon Amend agreement, pursuant to SGA 6.1, 6.2. If agreement reached, or as directed through dispute resolution process
TTC Notify Citizens and public. As required

PLANNING ASSUMPTIONS

  1. This will be treated as a one-time implementation project.

  2. Other than monitoring, this is a contingent activity.

  3. The SG Agreements for all YFNs are expected to be completed over the next 2 years. As there is a commitment by Government at the outset to provide for similar provisions for all YFNs in the SG Agreements, it is anticipated that there will be very little, if any, dispute resolution activity arising from SGA 6.4.

  4. Monitoring activities under SGA 6.3 concerning more favourable provisions will be carried out by the TTC.

PROVISION:
6.6 Unless the Parties otherwise agree, the Parties shall review this Agreement within five years of the Effective Date for the purpose of determining whether:

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.

Cross Reference
6.1, 6.2

RESPONSIBILITY ACTIVITIES TIMING
TTC, Canada and Yukon Prepare terms of reference for review. In year 1 or as otherwise agreed
Canada, Yukon and TTC Decide to review. As the Parties agree
Canada, Yukon and TTC. Conduct the review. As per the terms of reference for the review
TTC, Canada and Yukon Present report. As soon as practicable after review is complete
TTC, Canada and Yukon Amend SG Agreement pursuant to SGA 6.1 and 6.2. If necessary

PLANNING ASSUMPTIONS

  1. Some aspects of review could be TTC specific, others could be carried out on a centralized basis (SGA 6.6.1, 6.6.2, 6.6.5).

  2. This is a one-time implementation project.

  3. At the time of the review, Canada may provide additional resources, to a negotiated level, for the conduct of the review.

PROVISION:
7.3 If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the Parties shall make best efforts to amend this Agreement to remedy the invalidity or replace the invalid provision.

Cross Reference
6.1, 6.2

RESPONSIBILITY ACTIVITIES TIMING
TTC, Canada, Yukon as appropriate Prepare for and participate in any litigation. If validity challenged
TTC, Canada and Yukon Pursuant to SGA 6.1, 6.2, make best efforts to amend SGA. If court finds provision invalid

PLANNING ASSUMPTIONS

  1. This is a contingent activity.

  2. TTC may require legal capacity to prepare for and participate in litigation.

  3. Note: Neither government or the TTC shall challenge the provisions of the SGA or SG Legislation. (see SGA 7.1 and 7.2).

PROVISION:
7.4 If any provision of the Self-Government Legislation is found by a court of competent jurisdiction to be invalid, Government shall make best efforts to amend the Self-Government Legislation to remedy the invalidity or replace the invalid provision.

Cross Reference
5.3

RESPONSIBILITY ACTIVITIES TIMING
TTC, Canada, Yukon as appropriate Prepare for and participate in any litigation. If validity challenged
Canada and Yukon Pursuant to SGA 5.3, make best efforts to amend SG Legislation. If court finds provision invalid

PLANNING ASSUMPTIONS

  1. This is a contingent activity.

  2. TTC may require legal capacity to prepare for and participate in litigation.

  3. Note: Neither government or the TTC shall challenge the provisions of the SGA or SG Legislation. (see SGA 7.1 and 7.2).

PROVISION:
8.4 Common law conflict of laws principles shall apply where a conflict of laws issue arises unless:

8.4.1 in the case of a conflict of laws issue arising between a law of the Teslin Tlingit Council and a law of another Yukon First Nation, the Teslin Tlingit Council 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 Teslin Tlingit Council and a Law of General Application, the Teslin Tlingit Council and Government have otherwise agreed.

Cross Reference
13.5, 24.0

RESPONSIBILITY ACTIVITIES TIMING
TTC, another YFN, Canada or Yukon,as appropriate Negotiate prior agreement or solution to conflict. As agreed by affected parties
TTC, another YFN, Canada or Yukon as appropriate Participate in court action. If conflict results in court action

PLANNING ASSUMPTIONS

  1. This is a contingent activity.

  2. The Parties anticipate that potential for conflict of law will have been considered when Government and YFNs are drafting laws.

PROVISION:
8.11 The Supreme Court of the Yukon shall have jurisdiction in respect of any action or proceeding arising out of this Agreement or Self-Government Legislation.

8.12 Nothing in this Agreement shall be construed to limit the jurisdiction of the Federal Court of Canada as set forth in the Federal Court Act, R.S.C. 1985, c. F-7.

Cross Reference
7.3, 7.4, 8.4

RESPONSIBILITY ACTIVITIES TIMING
TTC, Canada, Yukon Prepare for and participate in the initiation of or response to litigation. As required
TTC, Canada, Yukon Pursuant to the Activity Plans for SGA 6.1, 6.2, or 5.3, as appropriate, make best efforts to amend SG Legislation or SGA. If amendment required as a result of court action

PLANNING ASSUMPTIONS

  1. This is a contingent activity.

PROVISION:
9.2 The Teslin Tlingit Council is a legal entity and has the capacity, rights, powers and privileges of a natural person and, without restricting the generality of the foregoing, may:

9.2.1 enter into contracts or agreements;

Cross Reference
9.2.4, 26.0

RESPONSIBILITY ACTIVITIES TIMING
TTC Conduct policy and legal analysis to confirm requirement for contract. As necessary
TTC Decide to enter into agreement or contract. At discretion of TTC
TTC Conduct legal analysis. If necessary
TTC Negotiate agreement or contract. At discretion of TTC
TTC Prepare and execute contract or agreement. At discretion of TTC
TTC Administer contract. After contract comes into force

PLANNING ASSUMPTIONS

  1. This is an ongoing activity.

  2. There will be a wide range in the complexity of contracts and agreements.

  3. This activity does not include consideration of the service agreements that are dealt with in SGA 14.0.

PROVISION:
9.2 The Teslin Tlingit Council is a legal entity and has the capacity, rights, powers and privileges of a natural person and, without restricting the generality of the foregoing, may:

9.2.2 acquire and hold property or any interest therein, sell or otherwise dispose of property or any interest therein;

Cross Reference
9.2.4

RESPONSIBILITY ACTIVITIES TIMING
TTC Conduct policy and legal analysis to confirm requirements for acquiring or disposing of property. As necessary
TTC Decide to acquire or dispose of property. At discretion of TTC
TTC Negotiate. As necessary
TTC Prepare and execute legal instruments. As necessary
TTC Administer holdings. If necessary

PLANNING ASSUMPTION

  1. This is a contingent activity.

PROVISION:
9.2 The Teslin Tlingit Council is a legal entity and has the capacity, rights, powers and privileges of a natural person and, without restricting the generality of the foregoing, may:

9.2.3 raise, invest, expend and borrow money;

Cross Reference
9.2.4

RESPONSIBILITY ACTIVITIES TIMING
TTC Conduct policy and legal analysis to identify opportunities relating to raising, investing, expending and borrowing money. As necessary
TTC Decide to raise, invest, expend or borrow money. At discretion of TTC
TTC Negotiate. As necessary
TTC Prepare and execute legal instruments. As necessary
TTC Administer financial transactions. If necessary

PLANNING ASSUMPTIONS

  1. This is an ongoing activity.

PROVISION:
9.2 The Teslin Tlingit Council is a legal entity and has the capacity, rights, powers and privileges of a natural person and, without restricting the generality of the foregoing, may:

9.2.4 sue or be sued;

RESPONSIBILITY ACTIVITIES TIMING
TTC Conduct policy and legal analysis to decide to launch or to respond to law suit. As necessary
TTC Prepare internally including legal preparation. If TTC being sued or launching suit
TTC Negotiate resolution. If possible
TTC Present case in court. If necessary
TTC Communicate decision to council. As necessary
TTC Appeal court decision. At the discretion of TTC
TTC Implement court decision. As required

PLANNING ASSUMPTIONS

  1. This is a contingent activity.

  2. It was assumed that most suits would be settled before reaching court. Therefore getting to the court stage would be a contingency, and appeal would be even more unlikely.

PROVISION:
9.2 The Teslin Tlingit Council is a legal entity and has the capacity, rights, powers and privileges of a natural person and, without restricting the generality of the foregoing, may:

9.2.5 form corporations or other legal entities; and

Cross Reference
12.1, 9.2.1

RESPONSIBILITY ACTIVITIES TIMING
TTC Conduct policy and legal analysis. As necessary
TTC Decide to form a corporation or other legal entity. At discretion of TTC
TTC Prepare and execute documents. As necessary
TTC Oversee operation of TTC corporation. If necessary

PLANNING ASSUMPTIONS

  1. This is a contingent activity.

  2. The types of legal entities contemplated might include such entities as a housing authority, school board, community health and social services council, child welfare corporation or entity, wilderness treatment centre, survey entity.

  3. This activity does not include the formation of Settlement Corporations under the TTFA. Depending on the corporation or legal entity contemplated, professional advice may be required.

PROVISION:
10.1 The Teslin Tlingit Council Constitution shall:

10.1.2 establish governing bodies and provide for their powers, duties, composition, membership and procedures;

RESPONSIBILITY ACTIVITIES TIMING
TTC Establish governing bodies according to the Constitution. For operation on Effective Date or other time as appropriate
TTC

Operate TTC government structures which will attend to functions such as:

  • communications/information
  • policy development/monitoring/evaluation/research/advice
  • personnel/training
  • intergovernmental relations/negotiations/dispute resolution
  • legal affairs
  • clerical
  • financial management/taxation
  • supply services
  • management capabilities.
 

PLANNING ASSUMPTIONS

  1. The operation of governing bodies is an ongoing activity.

  2. The TTC will have to prepare start-up policies and procedures with regard to the administration, operation and internal management of TTC affairs.

PROVISION:
10.1 The Teslin Tlingit Council Constitution shall:

10.1.3 provide for a system of reporting, which may include audits, through which the Teslin Tlingit Council government shall be financially accountable to its Citizens;

Cross Reference
22.1

RESPONSIBILITY ACTIVITIES TIMING
TTC Examine and determine reporting requirements of TTC government. Prior to Effective Date
TTC Review reporting standards generally accepted for governments in Canada. Prior to Effective Date
TTC Prepare and publish reports/audits. Annually or as required

PLANNING ASSUMPTIONS

  1. This is an ongoing activity.

  2. The Parties recognize the need for an enhanced accounting system to meet the requirements of SGA 10.1.3 and 22.1.

PROVISION:
10.1 The Teslin Tlingit Council Constitution shall:

10.1.4 recognize and protect the rights and freedoms of Citizens;

RESPONSIBILITY ACTIVITIES TIMING
TTC As specified in the Constitution. As required

PLANNING ASSUMPTIONS

  1. This is a contingent activity.

PROVISION:
10.1 The Teslin Tlingit Council Constitution shall:

10.1.5 provide for the challenging of the validity of laws enacted by the Teslin Tlingit Council and for the quashing of invalid laws;

Cross Reference
13.6

RESPONSIBILITY ACTIVITIES TIMING
TTC Establish procedures for challenging the validity of TTC laws. Prior to Effective Date
TTC Operationalize procedures. As necessary
TTC

Participate in court challenges of validity of TTC laws.

  • preparation of case
  • presentation of case
  • communication of decision
  • implementation of result
If necessary
TTC Amend invalid law. If necessary

PLANNING ASSUMPTIONS

  1. This is a contingent activity.

  2. In the event of an appeal to a court of record, the Yukon court system will be used, pursuant to the interim justice provisions.

  3. The first activity, relating to the establishment of procedures, will be treated as a one-time project, rather than as an ongoing requirement.

  4. TTC contemplates setting up procedures for Citizens to challenge TTC laws which would be administrative in nature and would allow an appeal process to take place and thereby minimize the need and expense of a court challenge.

PROVISION:
10.1 The Teslin Tlingit Council Constitution shall:

10.1.6 provide for amending the Constitution by the Citizens; and

RESPONSIBILITY ACTIVITIES TIMING
TTC Review issues and decide whether or not to proceed with amendment. At discretion of TTC
TTC Amend the Constitution. If decision is made to amend
TTC Register amendment. Once amendment approved

PLANNING ASSUMPTIONS

  1. This is a contingent activity.

PROVISION:
11.2 Any monies held by Canada for the use and benefit of the Indian Act, R.S.C. 1985, c. I-5, Teslin Tlingit Council Indian Band shall be transferred to the Teslin Tlingit Council, as soon as practicable after the Effective Date.

RESPONSIBILITY ACTIVITIES TIMING
Canada Calculate amount to be transferred. Inform TTC in writing of the amount available for transfer. Prior to Effective Date
TTC Confirm amount to be transferred and request in writing, (Band Council Resolution), the transfer of Indian monies held in trust by Her Majesty. Prior to Effective Date
Canada Transfer funds to TTC. At or after the Effective Date
TTC Acknowledge receipt of the Indian monies held in trust by Her Majesty. Upon receipt

PLANNING ASSUMPTIONS

  1. This is a one-time implementation project.

PROVISION:
12.1 The Teslin Tlingit Council may delegate any of its powers, including legislative powers, to:

12.1.1 a public body or official established by a law of the Teslin Tlingit Council;

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.

12.2 Any delegation under 12.1.2 to 12.1.7 shall be made by written agreement with the delegate.

Cross Reference
9.2.1, 9.2.5, 26.0

RESPONSIBILITY ACTIVITIES TIMING
TTC Research and identify authority or power to be delegated. At discretion of TTC
TTC Make recommendations and decide. As necessary
TTC, other party Negotiate and draft agreement with other party. At discretion of parties
TTC, other party Notify public. As necessary

PLANNING ASSUMPTIONS

  1. This is a contingent activity.

PROVISION:
12.3 The Teslin Tlingit Council has the capacity to enter into agreements to receive powers, including legislative powers, by delegation.

Cross Reference
9.2.1, 9.2.5, 12.1

RESPONSIBILITY ACTIVITIES TIMING
Public body, including Government, as described in SGA 12.1 Identify areas for potential delegation. At discretion of public body
Public body as above Forward proposal to TTC. As decided by public body
TTC Prepare views and respond. Within a reasonable time period
TTC and public body Negotiate, draft and enter into agreement. At discretion of parties
TTC and public body Notify public. As necessary

PLANNING ASSUMPTIONS

  1. This is a contingent activity.

PROVISION:
13.1 The Teslin Tlingit Council shall have the exclusive power to enact laws in relation to the following matters:

13.1.1 administration of Teslin Tlingit Council affairs and operation and internal management of the Teslin Tlingit Council;

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 Teslin Tlingit Council; and

13.1.3 matters ancillary to the foregoing.

RESPONSIBILITY ACTIVITIES TIMING
TTC Prepare a starter kit of laws. Begins after federal cabinet ratification of SGA
TTC Enact laws. After Effective Date
TTC Prepare other non-starter kit laws. As required
TTC Enact laws. As necessary

PLANNING ASSUMPTIONS

  1. The starter kit of laws (Activities 1 and 2 above) is a one-time project. The remainder (Activities 3 and 4 above) are ongoing.

  2. The activities described in these sheets relate to ongoing lawmaking for SGA 13.1, 13.2 and 13.3, and also include taxation laws made under SGA 14.0.

  3. Existing Laws may be adopted with necessary changes.

  4. Federal government one-time funding for starter kit of laws may be provided by means of a contribution agreement with the TTC after Federal Cabinet ratification and such advance of one-time funding will be referenced in the TTC Financial Transfer Agreement.

PROVISION:
13.2 The Teslin Tlingit Council 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 their aboriginal languages;

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 Teslin Tlingit children, except licensing and regulation of facilitybased 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 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 Teslin Tlingit Council purposes;

13.2.14 matters necessary to enable the Teslin Tlingit Council to fulfill its responsibilities under the Final Agreement or this Agreement; and

13.2.15 matters ancillary to the foregoing.

RESPONSIBILITY ACTIVITIES TIMING
TTC Prepare a starter kit of laws. Begin after federal cabinet ratification of SGA
TTC Enact laws. After effective date
TTC Prepare other non-starter kit laws. As required
TTC Enact laws. As necessary

PLANNING ASSUMPTIONS

  1. The starter kit of laws (Activities 1 and 2 above) is a one-time project. The remainder (Activities 3 and 4 above) are ongoing.

  2. Existing laws may be adopted with necessary changes.

  3. Federal government one-time funding for starter kit of laws may be provided by means of a contribution agreement with the TTC after federal cabinet ratification and such advance of one-time funding will be referenced in the TTC Financial Transfer Agreement.

PROVISION:
13.3 The Teslin Tlingit Council 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 Teslin Tlingit Council for the Teslin Tlingit Council purposes;

13.3.3 use, management, administration and protection of natural resources under the ownership, control or jurisdiction of the Teslin Tlingit Council;

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 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.

RESPONSIBILITY ACTIVITIES TIMING
TTC Prepare a starter kit of laws. Begin after federal cabinet ratification of SGA
TTC Enact laws. After Effective Date
TTC Prepare other non-starter kit laws. As required
TTC Enact laws. As necessary

PLANNING ASSUMPTIONS

  1. The starter kit of laws (Activities 1 and 2 above) is a one-time project. The remainder (Activities 3 and 4 above) are ongoing.

  2. Existing Laws may be adopted with necessary changes.

  3. Federal government one-time funding for starter kit of laws may be provided by means of a contribution agreement with the TTC after federal cabinet ratification and such advance of one-time funding will be referenced in the TTC Financial Transfer Agreement.

PROVISION:
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 Teslin Tlingit Council 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 Teslin Tlingit Council of the action taken and transfer the matter to the responsible Teslin Tlingit Council 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 in 13.2, in any situation that poses an Emergency to a person who is not a Citizen, the Teslin Tlingit Council may exercise power conferred by laws enacted by the Teslin Tlingit Council 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 Teslin Tlingit Council 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.

Cross Reference
9.2.1, 13.5.4, 13.5.5

RESPONSIBILITY ACTIVITIES TIMING
TTC, Canada or Yukon Negotiate agreement to operationalize these clauses. As the parties may agree
TTC, Canada or Yukon Prepare agreement. As necessary

PLANNING ASSUMPTIONS

  1. This is a contingent activity.

PROVISION:
13.5.2 Canada and the Teslin Tlingit Council 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 the laws of the Teslin Tlingit Council 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.

RESPONSIBILITY ACTIVITIES TIMING
TTC Research areas in which TTC laws may prevail over federal Laws of General Application. Prior to negotiations
TTC, Canada Prepare workplan to identify timelines and resources for negotiations. As soon as practicable
TTC, Canada Carry out workplan. As required
Canada Notify Yukon of proposed agreement or amendment identifying areas where TTC laws prevail over federal Laws of General Application. Provide details. Prior to conclusion of negotiations
Yukon Prepare and present views. Within reasonable time period
Canada Provide full and fair consideration to views of Yukon. After views presented to Canada
Canada, TTC Conclude agreement. After consultation with Yukon, as soon as practicable

PLANNING ASSUMPTIONS

  1. This is a one-time implementation project.

  2. Future Negotiations:

    Canada will provide a negotiated level of funding, as identified in the workplan, for the participation of the TTC in negotiations to identify areas in which TTC laws may prevail. This funding shall be as set out in a budget negotiated with Canada prior to the onset of negotiations.

PROVISION:
13.5.4 Where the Yukon reasonably foresees that a Yukon Law of General Application which it intends to enact may have an impact on a law enacted by the Teslin Tlingit Council, the Yukon shall Consult with the Teslin Tlingit Council before introducing the Legislation into the Legislative Assembly.

Cross Reference
13.5.3, 8.4

RESPONSIBILITY ACTIVITIES TIMING
Yukon Analyze proposed Legislation for impact on TTC laws. Whenever Yukon proposes a Law which may affect a TTC law
Yukon Notify TTC where proposed Yukon Legislation may have an impact on TTC law. Prior to introduction of Legislation
Yukon Provide details of contents of proposed legislation. Prior to introduction of Legislation
TTC Review proposed Legislation to determine impact, inconsistency, conflict. Prepare and present views. Within a reasonable time period
Yukon Provide full and fair consideration to views presented. After views presented to Yukon
Yukon Make any changes to proposed Legislation. As decided by Yukon, after considering TTC views

PLANNING ASSUMPTIONS

  1. This is an ongoing contingent activity.

PROVISION:
13.5.5 Where the Teslin Tlingit Council reasonably foresees that a law which it intends to enact may have an impact on a Yukon Law of General Application, the Teslin Tlingit Council shall Consult with the Yukon before enacting the law.

Cross Reference
8.4, 13.5.4

RESPONSIBILITY ACTIVITIES TIMING
TTC Analyze proposed legislation for impact on Yukon Laws. Whenever TTC proposes a law which may affect a Yukon Law
TTC Notify Yukon where proposed TTC legislation may have an impact on Yukon Laws. Prior to enactment
TTC Provide details of contents of proposed legislation. Prior to enactment
Yukon Review proposed TTC legislation to determine impact, inconsistency, conflict. Prepare and present views. Within a reasonable time period
TTC Provide full and fair consideration to views presented. After views presented to TTC
TTC Make any changes to proposed legislation. As decided by TTC, after considering Yukon views

PLANNING ASSUMPTIONS

  1. This is an ongoing contingent activity.

PROVISION:
13.5.6 Where the Commissioner in Executive Council is of the opinion that a law enacted by the Teslin Tlingit Council has rendered a Yukon Law of General Application partially inoperative and that it would unreasonably alter the character of a Yukon Law of General Application or that it would make it unduly difficult to administer that Yukon Law of General Application in relation to the Teslin Tlingit Council, Citizens or Settlement Land, the Commissioner in Executive Council may declare that the Yukon Law of General Application ceases to apply in whole or in part to the Teslin Tlingit Council, Citizens or Settlement Land.

13.5.7 Prior to making a declaration pursuant to 13.5.6, the Yukon shall:

13.5.7.1 Consult with the Teslin Tlingit Council and identify solutions, including any amendments to Yukon Legislation, that the Yukon considers would meet the objectives of the Teslin Tlingit Council; and

13.5.7.2 after Consultation pursuant to 13.5.7.1, where the Yukon and the Teslin Tlingit Council 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.

Cross Reference
13.5.5

RESPONSIBILITY ACTIVITIES TIMING
Yukon Analyze TTC law for impact on Yukon Law. Notify TTC of concerns and identify possible solutions. Where a TTC law has rendered a Yukon Law of General Application partially inoperative
TTC Prepare and present views to Yukon. Within a reasonable time period
Yukon Provide full and fair consideration to views of TTC. After views presented to Yukon
Yukon Draft and prepare amendments to Yukon Legislation as agreed or implement other solution as may be agreed. If agreement reached between Yukon and TTC
Yukon Declare that the Yukon Law ceases to apply to Settlement Land or Citizens as the case may be. At discretion of Commissioner in Executive Council
TTC and Yukon Notify TTC Citizens and Yukon staff responsible for enforcement of any changes in application of Yukon Laws to TTC Citizens or Settlement Land, as necessary. At the time of declaration

PLANNING ASSUMPTIONS

  1. This is an ongoing contingent activity.

  2. There may be a period of consultation between TTC and Yukon after TTC law is enacted, if it is determined that the operation of the TTC law is making it unduly difficult to administer a Yukon Law.

PROVISION:
13.6.1 The Parties shall enter into negotiations with a view to concluding an agreement in respect of the administration of Teslin Tlingit Council justice provided for in 13.3.17.

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 Teslin Tlingit Council, prosecution, corrections, law enforcement, the relation of any Teslin Tlingit Council 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 Teslin Tlingit Council 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 pursuant to 13.6.1 and 13.6.2, whichever is earlier. If the Parties fail to reach an agreement pursuant to 13.6.1 and 13.6.2 during the five year period then the interim provisions shall extend for a further term ending December 31, 1999.

RESPONSIBILITY ACTIVITIES TIMING
TTC Prepare for negotiation of justice agreement. Prior to negotiations
TTC, Yukon, Canada Prepare workplan identifying timelines and resources for negotiations. As soon as practicable
Canada, Yukon and TTC Negotiate justice agreement. Negotiations to begin no later than April 1, 1995

PLANNING ASSUMPTIONS

  1. This is a one-time implementation project.
  2. Future Negotiations:

    Canada will provide a negotiated level of funding, as identified in the workplan, for the participation of the TTC in negotiations in respect of the administration of justice, which funding shall be as set out in a budget negotiated with Canada prior to the onset of 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 SGAs.

OBLIGATIONS ADDRESSED:
13.6.4 Until the expiry of the time described in 13.6.6 or an agreement is entered into pursuant to 13.6.1 and 13.6.2:

13.6.4.1 the Teslin Tlingit Council 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 Teslin Tlingit Council;

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 Teslin Tlingit Council in accordance with the jurisdiction designated to those courts by Yukon Law except that any offence created under a law enacted by the Teslin Tlingit Council 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 Teslin Tlingit Council 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., 1986 c. 36.

13.6.7 All new and incremental costs of implementing the interim provisions in 13.6.4 incurred by the Yukon shall be paid by Canada in accordance with guidelines to be negotiated by the Yukon and Canada.

Cross Reference
13.6.5, 13.6.6

RESPONSIBILITY ACTIVITIES TIMING
TTC Research, establish penalties under TTC laws as part of lawmaking activity (SGA 13.1, 13.2, 13.3) consistent with interim justice provisions. As decided by TTC
TTC Enforce TTC laws. As required
TTC, Yukon, Canada Discuss any arrangements required for coordination between Yukon and TTC activities required for interim justice. As the parties deem appropriate
Yukon Unless otherwise ordered by a court or agreed to pursuant to SGA 13.6.5.2, administer disposition, enforce judgement, including probation services, corrections services and other activities that may be required to fulfil SGA 13.6.4. As required
Yukon and Canada Negotiate and implement guidelines for payment of incremental costs of interim justice provisions by Canada. Prior to Effective Date

PLANNING ASSUMPTIONS

  1. As identified in activity 3, discussion may be required in the future as laws are developed, and would likely occur when the TTC is developing its law.

PROVISION:
14.1 The Teslin Tlingit Council shall have the power to enact laws in relation to:

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 Teslin Tlingit Council purposes; and

14.1.3 the implementation of measures made pursuant to any taxation agreement entered into pursuant to 14.8.

Cross Reference
13.1, 13.2, 13.3, 14.2, 14.3, 14.4

RESPONSIBILITY ACTIVITIES TIMING
TTC Prepare law(s). After 3 years following Effective Date, or in the case of SGA 14.1.1 or 14.1.3, earlier as may be agreed upon by the TTC and Yukon
TTC Enact law(s). As necessary

PLANNING ASSUMPTIONS

  1. The lawmaking component will be included in ongoing lawmaking under SGA 13.0.

PROVISION:
14.5 After the expiration of one year following the Effective Date or at such earlier time as may be agreed by Canada and the Teslin Tlingit Council, Canada and the Teslin Tlingit Council shall make reasonable efforts to negotiate agreements on:

14.5.1 the manner in which the Teslin Tlingit Council 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.

RESPONSIBILITY ACTIVITIES TIMING
TTC Research taxation. Prior to negotiations
TTC and Canada Prepare workplan identifying timelines and resources for negotiations. Prior to negotiations
TTC and Canada Make reasonable effort to negotiate taxation agreement. After one year following the Effective Date or earlier as may be agreed upon by Canada and the TTC.

PLANNING ASSUMPTIONS

  1. This is a one-time implementation project.

  2. Future Negotiations:

    Canada will provide a negotiated level of funding, as identified in the workplan, for the participation of the TTC in taxation agreement negotiations, which funding shall be as set out in a budget negotiated with Canada prior to the onset of negotiations.

PROVISION:
14.6 When the Teslin Tlingit Council 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 consistent with equitable and comparable taxation levels.

14.6.1 To the extent that the Teslin Tlingit Council imposes property taxation for local purposes, the Yukon shall ensure that Yukon municipalities do not incur any consequential net loss.

14.6.2 The Teslin Tlingit Council 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 Teslin Tlingit Council.

Cross Reference
14.3

RESPONSIBILITY ACTIVITIES TIMING
TTC Research and develop policies re. property taxation of interests on Settlement Land. At discretion of TTC
TTC Notify Yukon of desire to initiate negotiations. At discretion of TTC
Yukon, TTC Investigate and research sharing of tax room. At the discretion of each party
TTC, Yukon, Canada Prepare workplan identifying timelines and resources for negotiations. Prior to negotiations
Yukon, TTC Negotiate TTC exercise of property tax power including sharing of tax room by Yukon, and arrangements for the efficient delivery of local services if appropriate. After 3 years, or after Effective Date, as agreed between TTC and Yukon
TTC, Yukon, Canada Pursuant to SGA 14.8, prepare workplan identifying timelines and resources for negotiations. Prior to negotiations
Yukon, TTC Negotiate other taxation agreements. At discretion of TTC and Yukon

PLANNING ASSUMPTIONS

  1. Future Negotiations:

    Canada will provide a negotiated level of funding, as identified in the workplan, for the participation of the TTC in taxation agreement negotiations, which funding shall be as set out in a budget negotiated with Canada prior to the onset of 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 SGAs.

PROVISION:
14.7 Where, following the ratification date of this Agreement, Parliament enacts Legislation providing:

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 Teslin Tlingit Council, recommend Legislation to the appropriate legislative authority to provide the Teslin Tlingit Council 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.

RESPONSIBILITY ACTIVITIES TIMING
TTC Monitor and research desirability of incorporating tax powers or exemptions as provided to other Indian Governments through federal Legislation. After federal legislation regarding Indian Government taxation enacted
TTC Request Legislation. At discretion of TTC
TTC, Canada Discuss and agree on terms. At discretion of TTC
Canada Recommend taxation Legislation to appropriate legislative authority. After requested by TTC

PROVISION:
15.1 The Teslin Tlingit Council shall, for the purposes of paragraph 149(1)(c) of the Income Tax Act, S.C.1970-71-72, c. 63 be deemed to be a public body performing a function of government in Canada for each taxation year of the Teslin Tlingit Council where, at all times before the end of the year:

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 Teslin Tlingit Council shall be the calendar year or such other fiscal period as the Teslin Tlingit Council may elect.

RESPONSIBILITY ACTIVITIES TIMING
TTC Prepare initial list of and situation of all of the real and tangible personal property in accordance with tax requirements (para 149(1)(c) Income Tax Act S.C.1970-71-72 c. 63). One-time. Update as required
TTC Maintain list and situation of all real and tangible personal property. Ongoing
TTC Maintain records of the activities required for the exercise of the powers of government pursuant to SGA 15.1.3. Ongoing

PROVISION:
15.3 No tax shall be payable under the Income Tax Act, S.C. 1970-71-72, c. 63 for a taxation year on the income, property or capital of a corporation, in this clause referred to as "the subsidiary", where, at all times before the end of the year:

15.3.1 all the shares and capital of the subsidiary are owned by the Teslin Tlingit Council 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 other person other than the Teslin Tlingit Council 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.

RESPONSIBILITY ACTIVITIES TIMING
TTC Maintain share register. As required

PROVISION:
16.1 Canada and the Teslin Tlingit Council shall negotiate a selfgovernment financial transfer agreement in accordance with 16.3, with the objective of providing the Teslin Tlingit Council with resources to enable the Teslin Tlingit Council to provide public services at levels reasonably comparable to those generally prevailing in Yukon, at reasonably comparable levels of taxation.

16.16 The first self-government financial transfer agreement of the Teslin Tlingit Council shall be negotiated at the same time as the implementation plan for this Agreement.

RESPONSIBILITY ACTIVITIES TIMING
TTC, Canada Prepare for financial transfer negotiations. At same time as negotiating SG Plan
TTC, Canada Negotiate financial transfer agreement pursuant to the provisions in SGA 16.0. Negotiated at the same time as the SG Plan
TTC, Canada Implement the financial transfer agreement. To coincide with the Effective Date

PLANNING ASSUMPTIONS

  1. This is a one-time pre-implementation project.

PROVISION:
16.12 At least one year prior to the date of expiry of the then current selfgovernment financial transfer agreement Canada and the Teslin Tlingit Council shall begin negotiating the terms of a new self-government financial transfer agreement. Until a new agreement has been concluded, the financing provisions of the expiring self-government financial transfer agreement, other than those dealing with start-up and one-time cost, shall continue for a further two years or for such period as may be agreed by Canada and the Teslin Tlingit Council.

Cross Reference
16.1

RESPONSIBILITY ACTIVITIES TIMING
TTC, Canada Prepare for financial transfer negotiations. At least one year prior to the expiry of the then current financial transfer agreement
TTC, Canada Negotiate subsequent financial transfer agreements pursuant to the provisions in SGA 16.0. At least one year prior to the expiry of the then current financial transfer agreement
TTC, Canada Implement the financial transfer agreement, including annual adjustments as may be required. Throughout the term of the agreement

PLANNING ASSUMPTIONS

  1. This is a periodic, ongoing activity.

PROVISION:
17.1 During the term of a self-government financial transfer agreement the Teslin Tlingit Council and Government shall negotiate the assumption of responsibility by the Teslin Tlingit Council for the management, administration and delivery of any program or service within the jurisdiction of the Teslin Tlingit Council, whether or not the Teslin Tlingit Council has enacted a law respecting such matter.

17.2 The Teslin Tlingit Council shall notify Government by March 31st of each year of its priorities for negotiations pursuant to 17.1 for the next 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 Teslin Tlingit Council priorities for negotiation. The workplan shall identify timelines and resources available for negotiations.

Cross Reference
16.0, 18.0

RESPONSIBILITY ACTIVITIES TIMING
TTC Research areas where TTC wishes to assume responsibility for management of a program within TTC jurisdiction, pursuant to SGA 17.0. As decided by TTC
TTC Notify government of priorities for program transfers for next fiscal year. By March 31 each year
TTC, Canada and Yukon Prepare workplan identifying timelines and resources for negotiations. Within 60 days of notification by TTC
TTC, Canada and Yukon Negotiate program transfer, pursuant to SGA 17.0. Pursuant to the workplan
TTC, Canada Negotiate funding agreement in accordance with SGA 17.5, 17.6. Pursuant to the workplan

PLANNING ASSUMPTIONS

  1. Future Negotiations:

    Canada will provide a negotiated level of funding, as identified in the workplan, for the participation of the TTC in program transfer negotiations, which funding shall be as set out in a budget negotiated with Canada prior to the onset of negotiations.

PROVISION:
18.1 The contribution of the Yukon shall be subtracted from the expenditure base of any fiscal transfer arrangement in effect at the time, and shall be calculated by Government to be the aggregate of the following:

18.1.1 the savings in expenditures realized by the Yukon as a result of the Teslin Tlingit Council 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 Teslin Tlingit Council occupying tax room previously occupied by the Yukon, but only if the revenue capacity associated with the tax room previously occupied by the 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 Teslin Tlingit Council for the programs and services.

18.2 Any one-time net savings to the Yukon resulting from the Teslin Tlingit Council 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 Teslin Tlingit Council 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.

RESPONSIBILITY ACTIVITIES TIMING
Yukon, Canada Yukon and Canada calculate Yukon contribution and make financial adjustments in accordance with section 18 of the SGA. As the parties agree

PLANNING ASSUMPTIONS

  1. This will be a matter for bilateral negotiations between Canada and the Yukon. Details required to implement these provisions to be determined.

PROVISION:
19.1 If the Teslin Tlingit Council has access to a tax base, the revenue capacity associated with that tax base may be considered in determining the level of funding to be received pursuant to the Teslin Tlingit Council self-government financial transfer agreement, provided that:

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 Teslin Tlingit Council 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 Teslin Tlingit Council to exploit that tax base.

Cross Reference
14.0, 16.3.1, 16.12

RESPONSIBILITY ACTIVITIES TIMING
TTC and Canada Estimate/agree upon the revenue capacity of the tax base. As required
TTC and Canada Determine and agree upon the capability of the TTC to exploit that tax base. As required
TTC and Canada Determine and agree upon the ratio to be used in the fiscal transfer agreement. As required

PROVISION:
21.1 The Teslin Tlingit Council government shall maintain at its principal administrative offices a register of all laws enacted by the Teslin Tlingit Council.

Cross Reference
13.0, 14.1

RESPONSIBILITY ACTIVITIES TIMING
TTC Establish registry of laws. At completion of the first law
TTC Maintain laws and amendments in TTC register. Ongoing

PLANNING ASSUMPTIONS

  1. This is a one-time implementation project and an ongoing capacity.

  2. Maintaining the register in activity 2 comprises the provision of information to the public.

PROVISION:
21.2 The Teslin Tlingit Council shall enter into negotiations with other Yukon First Nations with a view to concluding an agreement to establish a central registry of constitutions and laws enacted by Yukon First Nations.

RESPONSIBILITY ACTIVITIES TIMING
YFNs Negotiate to establish central registry. As the YFNs agree
YFNs Maintain laws and amendments in central registry. As necessary

PLANNING ASSUMPTIONS

  1. This is an one-time implementation project and an ongoing capacity.

PROVISION:
21.5 The Teslin Tlingit Council shall forward to Government a list of Citizens and any alterations to that list forthwith after they occur.

Cross Reference
10.1.1

RESPONSIBILITY ACTIVITIES TIMING
TTC Develop system to record Citizens. Begins after federal cabinet ratification of SGA
TTC Prepare and provide list to Canada and Yukon. Initial list prior to Effective Date or as soon as possible thereafter and as necessary after changes to list occur

PLANNING ASSUMPTIONS

  1. After federal cabinet ratification, the federal government may advance funding for development of system to record Citizens by means of a contribution agreement with the TTC. Such advance of funding will be referenced in the TTC Financial Transfer Agreement.

PROVISION:
22.1 The Teslin Tlingit Council shall prepare, maintain and publish its accounts in a manner consistent with the standards generally accepted for governments in Canada.

Cross Reference
10.1.3

RESPONSIBILITY ACTIVITIES TIMING
TTC Prepare accounts. As necessary
TTC Maintain accounts. As necessary
TTC Publish accounts. As required

PROVISION:
24.1 If the Teslin Tlingit Council and Canada do not agree to the terms of a self-government financial transfer agreement provided for in 16.0, either party may refer the matter to mediation under 26.4.0 of the Final Agreement.

24.2 If the Teslin Tlingit Council, Canada, or the Yukon do not agree:

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.

24.3 A dispute respecting this Agreement not described in 24.1 or 24.2 may be referred to mediation under 26.4.0 of the Final Agreement upon agreement of the Parties.

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.

24.5 Subject to 26.8.0 of the Final Agreement, no party may apply to any court for relief in respect of any dispute which has been referred to arbitration under 24.4, except for an application for interim or interlocutory relief where the board has failed to appoint an arbitrator under 26.7.2 of the Final Agreement within 60 days of an application by any party to the dispute.

RESPONSIBILITY ACTIVITIES TIMING
TTC, Canada, Yukon Refer dispute to dispute resolution process, under Ch. 26 of the TTFA. When party or parties agree to refer a dispute
TTC, Canada, Yukon Prepare case for dispute resolution. As necessary
TTC, Canada, Yukon Participate in dispute resolution processes (mediation or arbitration). As necessary

PLANNING ASSUMPTIONS

  1. Dispute resolution under the SGA is linked to the process outlined in the TTFA Chapter 26.

PROVISION:
25.1 In respect of the Settlement Land described in Appendix A and adjacent Non-Settlement Land, the Teslin Tlingit Council and the Yukon or Village of Teslin, as the case may be, shall make best efforts to ensure:

25.1.1 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

25.1.2 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 For the purpose of avoiding significant adverse impact on the peaceful use and enjoyment of the Settlement Land described in Appendix A and adjacent Non-Settlement Land, the Teslin Tlingit Council and the Yukon or the Village of Teslin may establish a joint planning structure:

25.2.1 to develop or recommend amendments to a territorial, municipal or Teslin Tlingit Council community or area development land use plan; and

25.2.2 to carry out other activities which would promote the compatible use of the Settlement Land described in Appendix A and adjacent Non-Settlement Land.

RESPONSIBILITY ACTIVITIES TIMING
TTC, Yukon or Village of Teslin as appropriate Make best efforts to ensure compatible land use between adjacent lands. As necessary
TTC, Yukon or Village of Teslin as appropriate Establish a joint planning structure At the discretion of the parties

PROVISION:
26.1 The Teslin Tlingit Council may enter into agreements with another Yukon First Nation, a municipality, or Government, to provide for such matters as municipal or local government services, joint planning, zoning or other land use control.

Cross Reference
26.2

RESPONSIBILITY ACTIVITIES TIMING
TTC, Yukon or municipality Identify requirement for local service agreements. At discretion of parties
TTC, Yukon or municipality Negotiate local government service or land use agreements, pursuant to SGA 26.2. As the parties agree
TTC, Yukon or municipality Implement agreements. As required

PLANNING ASSUMPTIONS

  1. This is a contingent activity.

PROVISION:
27.1 The Teslin Tlingit Council and Government may agree to develop a process for consulting affected residents regarding the establishment of common administrative and planning structures for part or all of the Traditional Territory.

Cross Reference
27.2, 27.3, 27.4, 27.5, 27.6

RESPONSIBILITY ACTIVITIES TIMING
TTC, Yukon Develop a process for consulting affected residents regarding the establishment of common administrative and planning structures. As the parties agree
TTC, Yukon Request the other party to enter into negotiations respecting the establishment of common administrative and planning structures. After consultation where at least one party is satisfied that affected residents support the establishment of a common administration and planning structure
TTC, Yukon and Canada Prepare workplan identifying timelines and resources for negotiations. Prior to negotiations
TTC, Yukon

Negotiate common administrative and planning structures pursuant to SGA 27.0.

As the parties agree
TTC, Yukon Implement agreement. As required

PLANNING ASSUMPTIONS

  1. This is a contingent activity.

  2. Future Negotiations:

  3. Canada will provide a negotiated level of funding, as identified in the workplan, for the participation of the TTC in negotiations respecting regional or district structures, which funding shall be as set out in a budget negotiated with Canada prior to the onset of negotiations.

PROVISION:
28.1 In respect of the Settlement Land described in Part 1 of Appendix B, the Teslin Tlingit Council shall not exercise its powers to enact laws in relation to the matters described in Part 2 of Appendix B, unless otherwise agreed by the Teslin Tlingit Council and Government or the Village of Teslin, whichever has responsibility for the matter in question.

28.2 In respect of the Settlement Land described in Part 1 of Appendix B, any use by the Teslin Tlingit Council of that Settlement Land or of a building or structure thereon, existing at the Effective Date that does not conform to the Official Community Plan of the Village of Teslin or to a bylaw of the Village of Teslin may be continued.

28.3 In respect of the Settlement Land described in Part 1 of Appendix B, any bylaw enacted by the Village of Teslin after the Effective Date and any amendment to the Official Community Plan of the Village of Teslin after the Effective Date shall take into account any existing use by the Teslin Tlingit Council of that Settlement Land or a building or structure thereon as well as the culture, identity and values of the Teslin Tlingit.

RESPONSIBILITY ACTIVITIES TIMING
TTC, Yukon, Village of Teslin Jointly review existing Laws on Settlement Land listed in Appendix B, and powers of TTC, to ensure a common understanding. As the parties may agree, in Year 1 after Effective Date
TTC, Yukon, Village of Teslin Negotiate any variations to the TTC exercise of powers on Settlement Land in Appendix B. As the parties may agree
Village of Teslin In respect of Settlement Land described in Part 1 of Appendix B, take existing land use as well as the culture, identity and values of TTC into account when enacting bylaws or amending the Official Community Plan. As necessary

PLANNING ASSUMPTIONS

  1. This is a contingent activity.

  2. Activities one and two are one-time which may occur in Year 1.

PROVISION:
29.4 On the Effective Date, the Teslin Tlingit Council's title to the Teslin Tlingit Lands shall continue to be subject to any lawful rights or interests of third parties to which the Teslin Lands are subject immediately prior to the Effective Date, and in respect of Teslin Post Indian Reserve No. 13 only, shall be subject to the following:

29.4.4 the ability of the Yukon and the Teslin Tlingit Council to enter into negotiations with a view to concluding, as soon as practicable, and in any case, prior to the Yukon finalizing plans for the capital upgrading of the Teslin Sewage Treatment Facility, an agreement as to the terms and conditions of any easement which may be established in favour of the Yukon allowing for the construction, operation and maintenance of a sewage force main; and

29.4.5 that the negotiations referred to in 29.4.4 shall take into account whether the route for the sewage force main proposed by the Yukon is the route least harmful to the interests of the Teslin Tlingit Council while being reasonably suitable for the interests of the Yukon and the Village of Teslin.

29.15 If the Minister of Indian Affairs and Northern Development recommends to the Governor in Council that lands be set apart for the use and benefit of the Teslin Tlingit Council pursuant to 4.3.6.1 of the Final Agreement, the Parties to this Agreement shall enter into negotiations to establish a regime for the ownership, management and administration of those lands which shall be set out in Self-Government Legislation.

29.15.1 The Governor in Council shall not set apart lands for the use and benefit of the Teslin Tlingit Council pursuant to 4.3.6.1 of the Final Agreement until the regime referred to in 29.15 is given effect in the Self-Government Legislation referred to in 29.15.

RESPONSIBILITY ACTIVITIES TIMING
Yukon, TTC Negotiate agreement regarding terms and conditions of any easement which may be established regarding a sewage force main. Consider route of sewage force main. Prior to Yukon finalizing plans for the capital upgrading of the Teslin Sewage Treatment Facility.
TTC, Yukon, Canada Negotiate to establish regime for ownership, management and administration of lands identified in 4.3.6.1 of the TTFA. If the Minister of DIAND recommends that lands be set apart for use and benefit of TTC pursuant to 4.3.6.1 of the TTFA.
Canada Amend SG Legislation pursuant to SGA 5.3 to reflect outcome of negotiations. As required.

One-time Implementation Projects

The following is a list of potential one-time implementation projects as identified by the Parties which may be carried out by the TTC. This list is not intended to be all inclusive.

SGA 6.6
Five Year Review

SGA 10.1.3; 22.1:
Enhanced accounting system

POLICIES AND PROCEDURES:
Start up policies (SGA 10.1.2 and 13.1a) and the establishment of procedures under 10.1.5

SGA 13.0
Starter kit of laws

SGA 13.5.2
Preparatory work prior to negotiations to identify areas in which TTC laws may prevail

SGA 13.6.1
Preparatory work prior to negotiation of justice agreement

SGA 14.5; 14.8
Preparatory work prior to negotiation of taxation agreements

SGA 21.1
Register of TTC Laws

SGA 21.2
Central registry of constitutions and First Nations Laws

SGA 28.0
Specific Provision

TRAINING

COMMUNICATIONS/ INFORMATION STRATEGY

Future Negociations

SGA 13.5.2 Negotiations to identify areas in which TTC laws may prevail:
Canada will provide a negotiated level of funding, as identified in the workplan, for the participation of the TTC in negotiations to identify areas in which TTC laws may prevail. This funding shall be as set out in a budget negotiated with Canada prior to the onset of negotiations.

SGA 13.6.1 Administration of Justice Negotiations:
Canada will provide a negotiated level of funding, as identified in the workplan, for the participation of the TTC in negotiations in respect of the administration of justice, which funding shall be as set out in a budget negotiated with Canada prior to the onset of 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 SGAs.

SGA 14.5 Taxation Agreement Negotiations:
Canada will provide a negotiated level of funding, as identified in the workplan, for the participation of the TTC in taxation agreement negotiations, which funding shall be as set outin a budget negotiated with Canada prior to the onset of negotiations.

SGA 14.6, SGA 14.8 Taxation Agreement Negotiations:
Canada will provide a negotiated level of funding, as identified in the workplan, for the participation of the TTC in taxation agreement negotiations, which funding shall be as set out in a budget negotiated with Canada prior to the onset of 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 SGAs.

SGA 17.0 Program Transfer Negotiations:
Canada will provide a negotiated level of funding, as identified in the workplan, for the participation of the TTC in program transfer negotiations, which funding shall be as set out in a budget negotiated with Canada prior to the onset of negotiations.

SGA 27.0 Regional or District Structures:
Canada will provide a negotiated level of funding, as identified in the workplan, for the participation of the TTC in negotiations respecting regional or district structures, which funding shall be as set out in a budget negotiated with Canada prior to the onset of negotiations.

Date modified: