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

General

Marginal note:Conflicts rules

23 The rules of the conflict of laws apply in respect of

• (a) any conflict between the laws of two first nations, unless another rule respecting such conflicts is provided by the laws of both first nations; and

• (b) any conflict between the laws of a first nation and the laws of another jurisdiction in Canada, unless another rule respecting such conflicts is provided by the laws of the first nation and that other jurisdiction.

Marginal note:Funding agreements

24 The Minister may, subject to appropriations by Parliament, enter into an agreement with a first nation named in Schedule II for the provision of funding by the Government of Canada to the first nation over the period of time and subject to the terms and conditions specified in the agreement.

Marginal note:Deposit of copies

25 The Minister shall cause a copy of each self-government agreement that is brought into effect and of any amendment made to such an agreement, certified by the Minister to be a true copy, to be deposited in

• (a) the Library and Archives of Canada;

• (b) the library of the Department of Crown-Indigenous Relations and Northern Affairs situated in the National Capital Region;

• (c) such regional offices of the Government of Canada situated in Yukon as the Minister considers advisable;

• (d) the central registry of laws of first nations established under section 10, if any; and

• (e) such other places as the Minister considers advisable.

Marginal note:Effect of self-government agreement

26 For greater certainty, nothing in this Act renders ineffective any provision, or any amendment made to a provision, of a self-government agreement for which specific provision is not made in this Act.

Marginal note:Consultation

27 Consultations shall be carried out with first nations named in Schedule II, as provided by their self-government agreements, in connection with amendments to this Act.

Marginal note:Orders and regulations

28 The Governor in Council may make such orders and regulations as are necessary to implement the self-government agreement of a first nation named in Schedule II.

Transitional Provisions

Marginal note:By-laws remain in force

29 Any by-law made under the Indian Act by a predecessor band of a first nation, in force immediately before the day the first nation’s self-government agreement is brought into effect, applies to the first nation and to its citizens as if the by-law were a law enacted by the first nation, to the extent that the by-law does not conflict with and is not inconsistent with this Act or the constitution of the first nation and is not amended or repealed by a law enacted by the first nation after that day.

Marginal note:Interim powers of councillors

30 Unless the members of a governing body of a first nation named in Schedule II have been selected before the day the first nation’s self-government agreement is brought into effect, the persons who were the chief and councillors of the predecessor band of the first nation immediately before that day shall be the members of the governing body from that day until a governing body is selected pursuant to the first nation’s constitution.

Marginal note:Moneys held for bands by Her Majesty

31 Moneys held by Her Majesty for the use and benefit of the predecessor band of a first nation immediately before the first nation’s self-government agreement is brought into effect, including moneys received in respect of lands referred to in subsection 17(3), shall be transferred from the Consolidated Revenue Fund to the first nation as soon as practicable after the first nation’s self-government agreement is brought into effect.

Marginal note:Property of minors and mental incompetents

• 32 (1) Notwithstanding subsection 17(1), the Minister of Indigenous Services may continue to exercise any authority under the Indian Act that the Minister of Indigenous Services has, immediately before a first nation’s self-government agreement is brought into effect, in relation to the administration of the property of

  • (a) a minor child of a citizen of the first nation who is registered or entitled to be registered as an Indian; or

  • (b) a citizen registered or entitled to be registered as an Indian who has been found to be mentally incompetent.

• Marginal note:Transfer to trustee

  (2) The property of a person referred to in subsection (1), including moneys held in the Consolidated Revenue Fund, may be transferred in trust for that person or that person’s estate on terms agreed to by the Minister of Indigenous Services and the first nation.

Consequential Amendments

33 to 39 [Amendments]

Coming into Force

Marginal note:Coming into force

Footnote ^*40 This Act comes into force on the day fixed by order of the Governor in Council for the coming into force of the Yukon First Nations Land Claims Settlement Act.

• Return to footnote ^*[Note: Act in force February 14, 1995, see SI/95-19.]