Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act (S.C. 2023, c. 22)
Full Document:
Assented to 2023-06-22
Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act
S.C. 2023, c. 22
Assented to 2023-06-22
An Act to give effect to the self-government treaty recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate and to make consequential amendments to other Acts
SUMMARY
This enactment gives effect to the treaty entitled “A Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate” and makes consequential amendments to other Acts.
Preamble
Whereas the Whitecap Dakota Nation and the Government of Canada recognize distinctive historical relationships between certain Dakota communities and the Crown based on, at various times, treaties or alliances of peace and friendship;
Whereas the Whitecap Dakota Nation is an Indigenous people of Canada;
Whereas the Government of Canada recognizes that the inherent right of self-government is a right of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982 and that the Whitecap Dakota Nation has that inherent right;
Whereas the Whitecap Dakota Nation and the Government of Canada are committed to achieving reconciliation through a renewed nation-to-nation relationship based on respect, cooperation, partnership and the recognition of the Whitecap Dakota Nation’s rights;
Whereas the Whitecap Dakota Nation aspires to participate fully in the economic, social, political and cultural aspects of Canadian society in a way that preserves and enhances the collective identity of Whitecap Dakota members as a self-sufficient and sustainable community now and into the future;
Whereas the Whitecap Dakota First Nation members have approved the treaty entitled “A Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate”;
Whereas the Treaty was signed on May 2, 2023 on behalf of the Whitecap Dakota First Nation and His Majesty in right of Canada;
Whereas the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples and the Whitecap Dakota Nation and the Government of Canada view the Treaty as contributing to the implementation of that Declaration;
And whereas the Treaty requires the coming into force of an Act of Parliament that gives effect to it;
Now therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
Marginal note:Short title
1 This Act may be cited as the Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act.
Interpretation
Marginal note:Definitions
2 The following definitions apply in this Act.
- federal law
federal law has the same meaning as in 1.01 of the Treaty. (règle de droit fédérale)
- Indigenous peoples of Canada
Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones du Canada)
- Tax Treatment Agreement
Tax Treatment Agreement means the tax treatment agreement, as amended from time to time in accordance with its provisions, that is referred to in 11.16 of the Treaty. (accord sur le traitement fiscal)
- Treaty
Treaty means the treaty entitled “A Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate,” signed on behalf of the Whitecap Dakota First Nation and His Majesty in right of Canada on May 2, 2023, as amended from time to time in accordance with its provisions. (traité)
- Whitecap Dakota Government
Whitecap Dakota Government has the same meaning as in 1.01 of the Treaty. (gouvernement des Dakotas de Whitecap)
- Whitecap Dakota institution
Whitecap Dakota institution has the meaning assigned by the definition WDN Institution in 1.01 of the Treaty. (institution)
- Whitecap Dakota law
Whitecap Dakota law has the meaning assigned by the definition WDN Law in 1.01 of the Treaty. (loi de la nation)
- Whitecap Dakota member
Whitecap Dakota member has the meaning assigned by the definition WDN Member in 1.01 of the Treaty. (membre)
- Whitecap Dakota Nation
Whitecap Dakota Nation has the meaning assigned by the definition WDN in 1.01 of the Treaty. (Nation dakota de Whitecap)
- Whitecap Dakota reserve lands
Whitecap Dakota reserve lands has the meaning assigned by the definition WDN Reserve Lands in 1.01 of the Treaty. (terres de réserve)
Marginal note:Status of Treaty
3 For greater certainty, the Treaty is a treaty within the meaning of sections 25 and 35 of the Constitution Act, 1982.
Treaty
Marginal note:Treaty given effect
4 (1) The Treaty is approved, given effect and declared valid and has the force of law.
Marginal note:Rights and obligations
(2) For greater certainty, a person or entity has the powers, rights, privileges and benefits conferred on the person or entity by the Treaty and must perform the duties, and is subject to the liabilities, imposed on the person or entity by the Treaty.
Marginal note:Third parties
(3) For greater certainty, the Treaty is binding on, and may be relied on by, all persons and entities.
Marginal note:Treaty prevails
5 (1) In the event of any conflict between the Treaty and this Act or any other federal law, the Treaty prevails to the extent of the conflict.
Marginal note:Act prevails
(2) In the event of any conflict between this Act and any other federal law, this Act prevails to the extent of the conflict.
Whitecap Dakota Nation
Marginal note:Capacity, rights, powers and privileges
6 (1) The Whitecap Dakota Nation is a legal entity and has, subject to the Treaty, the capacity, rights, powers and privileges of a natural person.
Marginal note:Vesting of rights, interests, etc.
(2) On the coming into effect of the Treaty, all rights, interests, assets and obligations of the Whitecap Dakota First Nation as a band, within the meaning of the Indian Act, vest in the Whitecap Dakota Nation.
Marginal note:Whitecap Dakota Government
(3) The Whitecap Dakota Nation exercises the power and authority to make laws, carries out other government functions and otherwise exercises power or authority through the Whitecap Dakota Government.
Whitecap Dakota Laws
Marginal note:Third parties
7 Subject to the Treaty, Whitecap Dakota laws are binding on and may be relied on by all persons and entities, the Whitecap Dakota Nation, the Whitecap Dakota Government and Whitecap Dakota institutions.
Taxation
Marginal note:Tax Treatment Agreement
8 On the day on which the Tax Treatment Agreement comes into effect by application of 11.16 of the Treaty, that Agreement is approved, given effect and declared valid. That Agreement has the force of law during the period in which it is in effect.
Marginal note:Clarification
9 The Tax Treatment Agreement does not form part of the Treaty and it is not a treaty or a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.
Application of Other Acts
Marginal note:Indian Act
10 Subject to the Treaty, the Indian Act does not apply to the Whitecap Dakota Nation, the Whitecap Dakota Government, Whitecap Dakota members or Whitecap Dakota reserve lands.
Marginal note:Statutory Instruments Act
11 The Statutory Instruments Act does not apply to Whitecap Dakota laws.
General
Marginal note:Judicial notice — Treaty and Tax Treatment Agreement
12 (1) Judicial notice must be taken of the Treaty and the Tax Treatment Agreement.
Marginal note:Publication
(2) The Treaty and the Tax Treatment Agreement must be published by the King’s Printer.
Marginal note:Evidence
(3) A copy of the Treaty or the Tax Treatment Agreement published by the King’s Printer is evidence of that Treaty or that Agreement, and of its contents, and a copy purporting to be published by the King’s Printer is presumed to be so published unless the contrary is shown.
Marginal note:Judicial notice — Whitecap Dakota law
13 (1) Judicial notice must be taken of any Whitecap Dakota law that is registered in the public registry referred to in 5.12 of the Treaty.
Marginal note:Evidence
(2) A copy of any Whitecap Dakota law purporting to be registered in the public registry referred to in 5.12 of the Treaty is evidence of that law and of its contents, unless the contrary is shown.
Marginal note:Federal Courts Act
14 (1) A decision-making body established under a Whitecap Dakota law, including a Whitecap Dakota institution, is not a federal board, commission or other tribunal as defined in subsection 2(1) of the Federal Courts Act.
Marginal note:Saskatchewan Court of King’s Bench
(2) The Saskatchewan Court of King’s Bench has jurisdiction to
(a) make orders and issue injunctions and declaratory relief against a decision-making body referred to in subsection (1); and
(b) undertake judicial review of the decisions of that decision-making body, provided that all review mechanisms set out in Whitecap Dakota laws have been exhausted.
Marginal note:Notice
15 (1) If an issue arises in any judicial or administrative proceeding in respect of the interpretation, validity or applicability of the Treaty, of this Act or of any Whitecap Dakota law, then the issue must not be decided until the party raising the issue has served notice
(a) on the Attorney General of Canada and the Whitecap Dakota Government, in the case of a provision of the Treaty or this Act; and
(b) on the Whitecap Dakota Government, in the case of a provision of a Whitecap Dakota law.
Marginal note:Content and timing
(2) The notice must be served at least 14 days before the day on which the issue is to be argued, unless the court or tribunal authorizes a shorter period, and must identify
(a) the proceeding;
(b) the subject matter of the issue;
(c) the particulars that are necessary to show the point to be argued; and
(d) the day on which the issue is to be argued.
Marginal note:Participation
(3) The recipient of a notice under subsection (1) may appear and participate in the proceeding as a party with the same rights as any other party.
Marginal note:Clarification
(4) For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required.
Marginal note:Retroactive effect
16 Despite subsection 4(1), Chapter 33 and Schedule B of the Treaty are deemed to have effect as of August 22, 2022.
Marginal note:Orders and regulations
17 (1) The Governor in Council may make any orders and regulations that the Governor in Council considers necessary for the purpose of carrying out any of the provisions of the Treaty, of the Tax Treatment Agreement or of any other agreements that are related to the implementation of the Treaty.
Marginal note:First Nations Fiscal Management Act
(2) For the purpose of enabling the Whitecap Dakota Nation to benefit from the provisions of the First Nations Fiscal Management Act or obtain the services of any body established under that Act, the Governor in Council may make any regulations that the Governor in Council considers necessary, including regulations
(a) adapting any provision of that Act or of any regulation made under that Act; and
(b) restricting the application of any provision of that Act or of any regulation made under that Act.
Consequential Amendments
R.S., c. A-1Access to Information Act
18 Subsection 13(3) of the Access to Information Act is amended by adding the following after paragraph (h):
(h.1) the Whitecap Dakota Government, as defined in section 2 of the Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act;
R.S., c. M-13Payments in Lieu of Taxes Act
19 The definition taxing authority in subsection 2(1) of the Payments in Lieu of Taxes Act is amended by striking out “or” at the end of paragraph (i), by adding “or” at the end of paragraph (j) and by adding the following after paragraph (j):
(k) the Whitecap Dakota Government, as defined in section 2 of the Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act, if it levies and collects a real property tax or a frontage or area tax in respect of Whitecap Dakota reserve lands, as defined in section 2 of that Act.
R.S., c. P-21Privacy Act
20 (1) Paragraph 8(2)(f) of the Privacy Act is amended by adding the following after subparagraph (vii):
(vii.1) the Whitecap Dakota Government, as defined in section 2 of the Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act;
(2) Subsection 8(7) of the Act is amended by adding the following after paragraph (h):
(h.1) the Whitecap Dakota Government, as defined in section 2 of the Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act;
21 Subsection 19(1) of the Act is amended by adding the following after paragraph (e):
(e.1) the Whitecap Dakota Government, as defined in section 2 of the Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act;
2003, c. 15, s. 67First Nations Goods and Services Tax Act
22 (1) Column 1 of Schedule 1 to the First Nations Goods and Services Tax Act is amended by replacing “Whitecap Dakota First Nation” with “Whitecap Dakota Nation”.
(2) Column 2 of Schedule 1 to the Act is amended by replacing “Council of the Whitecap Dakota First Nation” with “Whitecap Dakota Council”.
(3) Column 3 of Schedule 1 to the Act is amended by replacing “Reserve of the Whitecap Dakota First Nation” with “Whitecap Dakota reserve lands, as defined in the Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act”.
23 (1) Column 1 of Schedule 2 to the Act is amended by replacing “Whitecap Dakota First Nation” with “Whitecap Dakota Nation”.
(2) Column 2 of Schedule 2 to the Act is amended by replacing “Council of the Whitecap Dakota First Nation” with “Whitecap Dakota Council”.
(3) Column 3 of Schedule 2 to the Act is amended by replacing “Reserve of the Whitecap Dakota First Nation” with “Whitecap Dakota reserve lands, as defined in the Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act”.
2005, c. 9; 2012, c. 19, s. 658First Nations Fiscal Management Act
24 The schedule to the First Nations Fiscal Management Act is amended by deleting the following:
- Whitecap Dakota First Nation
Coming into Force
Marginal note:Order in council
25 This Act, other than section 16, comes into force on a day to be fixed by order of the Governor in Council.
- Date modified: