Selfkirk First Nation Self-Government Agreement Implementation Plan

SELKIRK FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN 0 Published under the authority of the Minister of Indian Affairs and Northern Development Ottawa, 1998 Selkirk First Nation Self-Government Agreement Implementation Plan QS-5338-OOO-EE-Al Catalogue No.R32-186/2-1998E ISBN O-662-26187-9 0 Minister of Public Works and Government Services Canada Cette publication peut aussi etre obtenue en francais sous le titre : Premiere Nation de Selkirk: Entente sur l’autonomie gouvemementale: Plan de mise en oeuvre IMPLEMENTATION PLAN FOR THE SELKIRK FIRST NATION SELF-GOVERNMENT AGREEMENT AMONG: Her Majesty the Queen in right of Canada, as represented by the Minister of Indian Affairs and Northern Development (hereinafter referred to as “Canada”); AND: The Selkirk First Nation, as represented by the duly authorized representative(s) of the Selkirk First Nation (hereinafter referred to as the “SFN”); AND: The Government of the Yukon, as represented by the Government Leader of the Yukon (hereinafter referred to as the “Yukon”); hereinafter referred to as the “Parties”. WHEREAS: The Parties signed the document entitled the Selkirk First Nation Self-Government Agreement (hereinafter referred to as the “SFNSGA”) on the 2 1 st day of July, 1997; clause 23.1 of the SFNSGA provides that the Parties shall conclude an implementation plan for the SFNSGA (hereinafter referred to as the “SFNSGA Plan”) as soon as practicable; and the representatives of the Parties have developed this SFNSGA Plan, which identifies certain activities to be undertaken and certain payments to be made with respect to the implementation of the SFNSGA; 1 SELKIRK FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN NOW THEREFORE, the Parties agree as follows: 1.0 1.1 1.2 1.3 1.4 2.0 2.1 2.2 Interpretation of the SFNSGA Plan No provision of the SFNSGA Plan shall be considered an amendment to, modification of. or derogation from the SFNSGA. Where there is any inconsistency or conflict between the provisions of the SFNSGA Plan and the provisions of the SFNSGA, the provisions of the SFNSGA shall prevail to tie extent of the inconsistency or conflict. Unless the context otherwise requires, capitalized words and phrases in the SFNSGA Plan shall have the meanings assigned in the SFNSGA. The SFNSGA Plan shall be interpreted so as to promote the implementation of the provisions of the SFNSGA and to avoid conflict or inconsistency with the provisions of the SFNSGA. Legal Status of the SFNSGA Plan The SFNSGA Plan consists of the provisions contained herein. Attached hereto are: 2.2.1 Annex A - “Activity Sheets” describing the specific activities, projects and measures for implementation of the SFNSGA; and 2 SELKIRK FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN 22.2 Annex B - Coordination of the Selkirk First Nation Final Agreement (hereinafter referred to as the “SFNFA”) and the SFNSGA Implementation; which Annexes represent the understanding of the Parties regarding the manner in which the provisions of the SFNSGA will be implemented, but do not form part of the SFNSGA Plan and are not intended to create legal obligations. 3.0 Implementation Funding 3.1 Subject to any amendment of the SFNSGA Plan by the Parties, Canada shall make financial payments to the SFN for the implementation of the SFNSGA as follows: 3.1.1 $127,500 (1996 constant dollars) annually for ongoing implementation activities; 3.1.2 $106,100 (1996 constant dollars) annually for a ten year period for supplementary implementation activities; 3.1.3 $209,120 (1996 constant dollars) for one-time implementation projects and activities. 3.2 The payments referred to in 3.1.1,3.1.2 and 3.1.3 above shall be escalated from 1996 constant dollars to their Entry Year Value as defined in the Selkirk First Nation Financial Transfer Agreement (hereinafter referred to as the “SFNFTA”) dated ,&t&&8- 24 , 1997, in accordance with the computation method for the Annual Price Escalator set out in Annex 6 of the SFNFTA. 3 SELKIRK FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN 3.3 The payments referred to in 3.1.1 and 3.1.2 shall be made in accordance with the provisions of the SFNFTA and shall be escalated from their Entry Year Value in accordance with the computation method for the Annual Price-and-Population Escalator set out in Appendix A of the SFNFTA. 3.4 The payment referred to in 3.1.3 above shall be made as a lump sum payment, by a transfer agreement other than the SFNFTA, as an unconditional grant as soon as practicable after the SFNSGA becomes effective, not subject to the Cash Management Policy of the Government of Canada. 3.5 The payment of the amounts set out in 3.1, or any amended amount required to be paid, represents the fultilment of Canada’s obligation as set out in the SFNSGA to provide funding to the SFN for the following periods of time: 3.5.1 forthepurposesof3.1.1 and3.1.3 fortheperiodoftimesetoutintheSFNFTA; and 3.5.2 for the purposes of 3.1.2 for the period oftime identified in 3.1.2. 3.6 Canada shall provide a negotiated level of funding for the participation of the SFN in the negotiations contemplated by sections 135.2, 13.6.1, 14.5, 14.6, 14.8, 17.0 and 27.0 of the SFNSGA. 3.6.1 In addition to the notification and negotiation process provided for in section 17.0 of the SFNSGA, in the first year in which the SFNSGA is in effect, the SFN may provide notice, within 90 days of the effective date of the SFNSGA, that it wishes to initiate the negotiation for the assumption of responsibility by the SFN for the management, administration and delivery of any program or service, in the same manner as provided for in section 17.0 of the SFNSGA. 4 SELKIRK FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN 4.0 Implementation of the SFNSGA Plan Review 4.1 The representatives appointed by the Parties pursuant to section 18 of the SFN Final Agreement Implementation Plan shall also work toward resolving any issue which may arise in relation to the implementation of the SFNSGA Plan. 4.2 Pursuant to 6.6 of the SFNSGA the Parties shall complete a review of the SFNSGA Plan, Annex A and Annex B within ten years of the Effective Date of the SFNSGA unless the Parties agree otherwise. 5.0 Amendment of the SFNSGA Plan 5.1 The Parties shall determine whether to amend the SFNSGA Plan, Annex A and Annex B as a result of the review conducted pursuant to 4.2. 5.2 The Parties, by agreement, may amend the SFNSGA Plan, Annex A and Annex B at any time, and any amendment thereto shall be made in writing by the Parties. 6.0 Effective Date of the SFNSGA Plan 6.1 The SFNSGA Plan shall take effect as of the Effective Date of the SFNSGA. 7.0 Signing of the SFNSGA Plan 7.1 This Plan may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same document, and the date of this plan shall be deemed to be the date on which the last party signs. 5 SELKIRK FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN Q ---\ SIGNED at c h% . > b on behalf of the Selkirk First Nation: SIGNED at on behalf of the Government of Canada: The Honourable Jane Stewart Minister of Indian Affairs and Northern Development Witness Date SIGNED at on behalf of the Government of the Yukon: The Honourable Piers McDonald Government Leader Witness Date 6 SELKIRK FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN SIGNED at on behalf of the Selkirk First Nation: Witness Witness Date on behalf of the Government of Canada: able Jane Stewart Witness / and Northern Development SIGNED at on behalf of the Government of the Yukon: The Honourable Piers McDonald Government Leader Witness Date 6 SELKIRK FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN SIGNED at on behalf of the Selkirk First Nation: Witness Witness Date SIGNED at on behalf of the Government of Canada: The Honourable Jane Stewart Minister of Indian AfTairs and Northern Development Witness Date on behalf of the Government of the Yukon: 6 SELKIRK FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN ANNEX A ACTIVITY SHEETS SFNFA SFNFA Plan SFN SFNFTA SFNSGA SFNSGA Plan Parties YFN Yukon This Annex refers to the implementation of selected provisions of the SFNSGA. The activities described in the Annex reflect the agreement of the Parties as to the activities which the Parties expect to be performed in order to give effect to tie referenced provisions. The planning assumptions described in relation to a referenced provision reflect the circumstances considered or expected to arise in the implementation of that provision. Some planning assumptions also reflect steps or measures that the Parties assume will be taken, or limitations that may apply, in the performance of the described activities. In the development of this Annex, it has been assumed that the Parties will deal by other means with matters required by the SFNSGA to be addressed prior to the Effective Date or in the negotiation or ratification of the SFNSGA. The fact that an activity sheet does not cross-reference the SFNSGA dispute resolution mechanism pursuant to SFNSGA Chapter 24 should not be constied to mean that the dispute resolution mechanism is not applicable to that activity sheet. In the SFNSGA Activity Sheets and Coordination Sheets, the following acronyms, initializations and references have been used: Her Majesty in Right of Canada Selkirk First Nation Final Agreement SFNFA Implementation Plan Selkirk First Nation Financial Transfer Agreement between Canada and SFN Selkirk First Nation Self-Government Agreement SFNSGA Implementation Plan Canada, SFN and Yukon Yukon First Nation Government of the Yukon ..^., -~ -, . - .. SELKIRK FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN: ANNEX A --ACTIVITY SHEETS TABLE OF CONTENTS Consultation on amendments to Self-Government Legislation ......................................... 1 SFNSGAamendment ......................................................................... 2 Amending the SFNSGA to incorporate more favourable provisions .................................. 3 Review of SFNSGA within ten years of the Effective Date ........................................... 4 Amendment of an invalid provision of the SFNSGA ................................................ 6 Amendment of an invalid provision of the Self-Government Legislation ................................. 7 Conflictoflawsissues ........................................................................ 8 Capacity, rights, powers and privileges of SFN ..................................................... 9 Establishment of governing bodies ............................................................. 10 Establishment and implementation of SFN financial reporting system .................................. 11 Challenging the validity of SFN laws and quashing invalid SFN laws .................................. 12 Transfer to SFN of monies held by Canada for use and benefit of SFN ................................. 13 DelegationofSFNpowers .................................................................... 14 DelegationofpowerstoSFN ................................................................. 15 EnactmentofSFNlaws ...................................................................... 16 Exercise of Emergency powers on and off Settlement Lands ......................................... 20 Identification of areas in which laws of SFN shall prevail over federal Laws of General Application 22 Yukon Consultation with SFN on a Law of General Application ...................................... 24 SFN Consultation with Yukon on a SFN law ..................................................... 25 Declaration where a Yukon Law of General Application ceases to apply to the SFN, its Citizens or Settlement Land .................................................................................. 26 Parties to negotiate administration ofjustice agreement ............................................. 28 Interim arrangements for administration ofjustice ................................................. 30 Enactment of SFN laws in relation to taxation. .................................................... 32 .. Negotmtlons on coordmatlon oftaxation ....................... ................................. 34 Sharing of tax room in respect of property taxes ............................ ................... 35 SELKIRK FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN: ANNEX A -- ACTIVITY SHEETS Recommendation of Legislation to provide taxation powers or exemptions .............................. 31 Payment by SFN to taxing authority of an amount equivalent to Property Taxes .......................... 38 Assistance to SFN with payment of the amounts referred to in 14.9 ................................... 40 Withdrawal of delivery of services for non-payment al&r two years of the amounts referred to in 14.9 43 SFN performing a function of government for the purpose of paragraph 149(l)(c) of the I-, SC. 1970-71 72,c.63 ........................................................................... 44 Taxation of SFN “subsidiaries” ................................................................ 45 Negotiation ofterms of a new SFNFTA ......................................................... 46 Negotiation of assumption of responsibilities by SFN ............................................... 47 Government of Yukon tinancial contributions ..................................................... 49 Consideration of revenue capacity associated with tax base .......................................... 5 1 Establishment and maintenance of a register of laws ................................................ 52 Establishment of a central regishy of constitutions and laws ......................................... 53 Development of a list of SFN Citizens ........................................................... 54 Preparation, maintenance and publishing of SFN accounts ........................................... 55 Resolution of dispute over the terms of the SFNFTA ............................................... 56 Resolution of dispute in program or service transfer negotiations, or over contributions of the Yukon ........ 57 Resolution of dispute not covered by SFNSGA 24.1 or 24.2 ......................................... S8 Dispute resolution with respect to compatible land use .............................................. 59 Agreements to provide for municipal or local government services, joint planning, zoning or other land use control .................................................................................. 62 Establishment of common administrative and planning structures ..................................... 63 Negotiations to establish a regime for the ownership, management and administration of land recognized or set apart for SFN pursuant to SFNFA 4.3.6.1 (b) ............................. ................... 65 SELKlRK FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN: ANNEX A -- ACTIVITY SHEETS PROJECT: RESPONSIBLE PARTY: PARTICIPANT/LIAISON: REFERENCED CLAUSES: Consultation on amendments to Self-Government Legislation SFN, Govemme”t None identified 5.2 Government shall Consult with the Selkirk First Nation during the drafting of any amendment to Self-Government Legislation which affects the Selkirk First Nation. CROSS REFERENCES: 7.4 RESPONSIBILITY SFN or Government m-4 Yukon OI Canada as appropriate SFN Yukon or Canada as appropriate Yukon or Canada as appropriate ACTIVITIES Identify or confirm need for amendment. Conduct research and analysis regarding amendment. If amending Self-Government Legislation, notify SFN of proposed amendment to Self-Government Legislation. Provide details. Prepare and present views, Provide full and fair consideration of SFN views. Make revisions as necessary. Amend Self-Government Legislation TIMING As necessary As necessary Prior to amendiig Self-Government Legislation Within a reasonable time period After views presented As decided by Government, after considering SFN views PLANNING ASSUMPTIONS 1. If a proposed amendment affects all YFNs, rather than just some of the YFNs, one territory-wide consultative process may be appropriate. 1 SELKIRK FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN: ANNEX A -- ACTIVITY SHEETS PROJECT: RESPONSIBLE PARTY: PARTICIPANT I LIAISON: REFERENCED CLAUSES: SFNSGA amendment Canada, Yukon, SFN None identified 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 Selkirk First Nation, by the Assembly, upon a recommendation received from the Council of the Selkirk First Nation. CROSS REFERENCES: 6.3,6.4 (all), 6.5, 6.6,6.6.5,1.3 RESPONSIBILITY SFN, Canada and Yukon ACTIVITIES TIMING Evaluate proposed amendment. When amendment is proposed SFN, Canada and Yukon Negotiate and draft amendment. Following agreement to amend SW, Canada and Yukon Consent to the amendment pursuant to 6.2. After amendments are drafted SFN Notify SFN Citizens of amendment. After amendment is approved SELKIRK FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN: ANNEX A--ACTIVITY SHEETS PROJECT: Amending the SFNSGA to incorporate m”re favourable provisions RESPONSIBLE PARTY: SFN, Canada, Yukon PARTICIPANT I LIAISON: None identified REFERENCED CLAUSES: 6.3 Where Government has concluded a self-government agreement with another Yukon First Nation which includes provisions m”re 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 Selkirk First Nation, shall negotiate with the Selkirk First Nation with a view to amending this Agreement to incorporate provisions no less favourable than those in the other self government agreement. 6.4 A dispute arising from negotiations described in 6.3 may be referred by any Party to dispute resolution pursuant to 26.3.0 of the Final Agreement. 6.4.1 In any dispute arising pursuant to 6.3 a” 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 “I decisions of a” arbitrator pursuant to 6.4. CROSS REFERENCES: 6.1,6.2,24.3; SFNFA 26.3.0 (all), 26.7.3 RESPONSIBILITY SFN ACTIVITIES Monitor other YFN Self-Government Agreements for m”re favourable provisions. SFN, Canada and Yukon SFN, Canada or Yukon Negotiate and draft amendment to SFNSGA. Refer to dispute resolution under 26.3.0 of the SFNFA. SFN, Canada and Yukon Draft amendment to SFNSGA. SFN, Canada and If Parties agree, amend SFNSGA, pursuant to Yukon SFNSGA 6.1,6.2. SFN Notify SFN Citizens of amendment. TIMING As Self-Govemnxnt Agreements are negotiated At request of SFN If disputes arises If dispute resolved As SO”” as practicable AAer amendment is approved SELKIRK FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN: ANNEX A--ACTIVITY SHEETS PROJECT: Review of SFNSGA within ten years of the Effective Date RESPONSIBLE PARTY: PARTICIPANT I LIAISON: REFERENCED CLAUSES: SFN, Canada, Yukon None identified 6.6 Unless the Parties otherwise agree, the Parties shall review this Agreement within ten 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 6.6.3 6.6.4 6.6.5 CROSS REFERENCES: 6.1,6.2 (all) other self-government agreements in Canada have more effectively incorporated implementation or financial transfer agreements; this Agreement has been implemented in accordance with the implementation plan; the negotiated transfer of programs, responsibilities and resources pursuant to this Agreement has been successful; and this Agreement should be amended in accordance with 6.1 and 6.2 to reflect the outcome ofthe review. RESPONSIBILITY SFN, Canada and Yukon SFN, Canada and Yukon SFN, Canada and Yukon SFN ACTIVITIES TIMING Prepare workplan to identify terms of reference, Within ten years of the Effective timelines and resources for review. Date Unless the Parties agree otherwise, conduct the In accordance with the workplan review. Amend the SFNSGA to reflect the outcome of the As required review in accordance with SFNSGA 6.1 and 6.2. Inform Citizens of any amendment. As soon as practicable following the amendment 4 SELKIRK FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN: ANNEX A--ACTIVITY SHEETS PLANNING ASSUMPTIONS 1. The review process of the SFNSGA may be carried out simultaneously, and in a coordinated fashion, with a review of the SFNFA Implementation Plan and negotiation of a new SFNFTA in accordance with paragraph 7 of Annex B to the SFNSGA Plan. 2. At the time oftbe review, Canada may provide additional re~owcq to a negotiated level, for the conduct of the review. SELKIRK FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN: ANNEX A -- ACTIVITY SHEETS PROJECT: RESPONSIBLE PARTY: PARTICIPANT I LIAISON: REFERENCED CLAUSES: Amendment of an invalid provision of the SFNSGA SFN, Canada, Yukon None identified 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 REFERENCES: 6.1,6.2(all),7.1,7.2 RESPONSIBILITY SFN, Canada and Yukon SFN, Canada and Yukon ACTIVITIES TIMING If a court of competent jurisdiction finds a As required provision of the SFNSGA to be invalid, make best efforts to amend the SFNSGA to remedy the invalidity or replace the invalid provision. If the parties agree to amend the SF’NSGA, initiate As soon as practicable consent process in accordance with SFNSGA 6.1 and 6.2. SFN Inform Citizens of amendment. As soon as practicable following the amendment PLANNING ASSUMPTIONS 1. The SFN may wish to prepare for and participate in litigation relating to the determination of the validity of a provision of the SFNSGA. 6 SELKIRK FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN: ANNEX A -- ACTIVITY SHEETS PROJECT: RESPONSIBLE PARTY: PARTICIPANT I LIAISON: REFERENCED CLAUSES: Amendment of an invalid provision of the Self-Government Legislation Government SFN 1.4 If any provision of 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 REFERENCES: 5.2,1.1,1.2 RESPONSIBILITY Government ACTIVITIES If a court of competent jurisdiction finds a provision of the Self-Government Legislation to be invalid, make best efforts to amend the Self-Government Legislation to remedy the invalidity or replace the invalid provision. Government If Government intends to amend the Self-Government Legislation or replace the invalid provision, notify SFN of any amendment which affects the SFN. SFN Prepare and present views to Government. Government Provide full and fair consideration to views Within a reasonable time presented by the SFN. Notify SFN of outcome. following receipt of SFN views SFN Inform Citizens of amendment. As soon as practicable following amendment TIMING As required During the draftiig of the amendments Within a reasonable time as indicated by Government PLANNING ASSUMPTIONS I. The SFN may wish to prepare for and participate in litigation relating to the determination of the validity of a provision of the Self-Government Legislation. SELKIRK FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN: ANNEX A -- ACTIVITY SHEETS PROJECT: Conflict of laws issues RESPONSIBLE PARTY: SFN, another YFN, Government PARTICIPANT I LIAISON: None identified REFERENCED CLAUSES: 8.4 Common law conflict of laws principles shall apply where a conflict of laws issue arises unless: X.4.1 in the case of a conflict of laws issue arising between a law of the Selkiik First Nation and a law of another Yukon First Nation, the Selkirk First Nation and the other Yukon First Nation have otherwise agreed; or 8.4.2 in the case of a conflict of laws issue arising behveen a law of the Selkirk First Nation and a Law of General Application, the Selkirk First Nation and Government have otherwise agreed. CROSS REFERENCES: 13.5 (all) RESPONSIBILITY SFN, another YFN, Canada or Yukon, as appropriate ACTIVITIES If conflict of laws issue arises, negotiate agreement or solution to conflict. TIMING As agreed by affected parties SFN, another YFN, Canada or Yukon as appropriate If the issue results in court action, participate in court action. As necessary PLANNING ASSUMPTIONS 1. The Parties anticipate that, when the circumstances warrant, potential for conflict of laws will be considered when Government and SFN are drafting laws. SELKIRK FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN: ANNEX A--ACTIVITY SHEETS PROJECT: Capacity, rights, powers and privileges of SFN RESPONSIBLE PARTY: SFN PARTICIPANT I LIAISON: None identified REFERENCED CLAUSES: 9.2 The Selkirk First Nation 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: CROSS REFERENCES: 9.2.1 enter into contracts 01 agreements; 9.2.2 acquire and hold property or any interest therein, and sell or otherwise dispose of property or any interest therein; 9.2.3 raise, invest, expend and borrow money; 9.2.4 sue or be sued; 9.2.5 form corporations or other legal entities; and 9.2.6 do such other things as may be conducive to the exercise of its rights, powers and privileges. 12.1 (all), 14.6.2, 26.0 (all); SFNFA 20.4.1 RESPONSIBILITY SFN ACTIVITIES TIMING Conduct appropriate research and analysis to As necessary determine advisability and requirements in regard to the exercising of rights or engaging in activities pursuantto9.2.1, 9.2.2,9.2.3,9.2.4,9.2.5 or 9.2.6. SFN Conduct negotiations, develop agreements and prepare legal documents as may be required to cany out any ofthe activities. As necessary SFN Notify Government and public of outcome as may As necessary be appropriate. PLANNING ASSUMPTIONS 1. This activity does not include the consideration of local service and program agreements that are within SFNSGA 14.6.2 or the formation of Settlement Corporations under SFNFA 20.4.1. 9 SELKIRK FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN: ANNEX A -- ACTIVITY SHEETS PROJECT: Establishment of governing bodies RESPONSIBLE PARTY: SFN PARTICIPANT I LIAISON: None identified REFERENCED CLAUSES: 10.1 The Selkirk First Nation Constitution shall: 10.12 establish governing bodies and provide for their powers, duties, composition, membership and procedures; CROSS REFERENCES: None identified RESPONSIBILITY SFN ACTIVITIES TIMING Establish governing bodies according to the Upon Effective Date or as Constitution. appropriate SFN Operate SFN government stmch~~es which will attend to functions such as: communications and information; policy development, monitoring, evaluation, research and advice; personnel and training; intergovernmental relations, negotiations and dispute resolution; legal affairs; clerical; financial management and taxation; supply services; management capabilities; and, others as may arise from time to time. PLANNING ASSUMPTIONS 1. The SFN will have to prepare start-up policies and procedures with regard to the adminis&ation, operation and internal management of SFN affairs. 10 SELKIRK FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN: ANNEX A -- ACTIVITY SHEETS PROJECT: Establishment and implementation of SFN financial reporting system RESPONSIBLE PARTY: SFN PARTICIPANT I LIAISON: None identified REFERENCED CLAUSES: 10.1 The Selkirk First Nation Constitution shall: 10.1.3 provide for a system of reporting, which may include audits, through which the Selkirk First Nation government shall be financially accountable to its Citizens; CROSS REFERENCES: 22.1 RESPONSIBILITY SFN SFN SFN ACTIVITIES TIMING Examine and determine reporting requirements of As soon as practicable following SFN government. Effective Date Review reporting standards generally accepted for As soon as practicable following govemntents in Canada. Effective Date Prepare and publish reports or audits in Annually or as required accordance with the SFN Constitution. SELKIRK FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN: ANNEX A -- ACTIVITY SHEETS PROJECT: RESPONSIBLE PARTY: PARTICIPANT / LIAISON: REFERENCED CLAUSES: CROSS REFERENCES: Challenging the validity of SFN laws and quashing invalid SFN laws SFN None identified IO.1 The Selkirk First Nation Constitution shall: 10.1 S provide for the challenging of the validity of laws enacted by the Selkirk First Nation and for the quashing of invalid laws; 10.1.4, 13.1 (all), 13.2 (all), 13.3 (all), 14.1 (all) RESPONSIBILITY ACTWITIES TIMING SFN Establish procedures for challenging the validity of SFN Prior to passage of laws IWS. SFN SFN Operationalize procedures. Participate in challenges of validity of SFN laws in accordance with SFN Constitution. As necessary As necessary SFN If necessary, amend or replace invalid law. As soon as practicable PLANNING ASSUMPTIONS I. SFN contemplates setting up procedures for Citizens to challenge SFN laws which would be administrative in nature and would allow an appeal process to take place. I2 SELKIRK FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN: ANNEX A -- ACTIVITY SHEETS PROJECT: Transfer to SFN of monies held by Canada for use and benefit of SFN RESPONSIBLE PARTY: Canada PARTICIPANT/LIAISON: SF’N REFERENCED CLAUSES: II.2 Any monies held by Canada for the use and benefit of the Indian Act, R.S.C. 1985, c. I-5, the Selkirk First Nation Band, shall be transferred to the Selkirk First Nation, as soon as practicable after the Effective Date. CROSS REFERENCES: None identitied RESPONSIBILITY Canada ACTIVITIES Calculate amount to be transferred. Inform SFN in writing of the amount to be transferred. SFN Confum amount to be transferred and request by Band Council Resolution the transfer of monies held by Canada for the use and benefit of the Selkirk First Nation Band. Canada SFN Transfer funds to SFN. Provide written receipt for monies transferred. TIMING Prior to Effective Date Prior to Effective Date As soon as practicable Following receipt of monies 13 SELKIRK FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN: ANNEX A -- ACTIVITY SHEETS PROJECT: Delegation of SFN powers RESPONSIBLE PARTY: SFN PARTICIPANT I LIAISON: Other party as indicated in 12.1.1 through 12.1.7 REFERENCED CLAUSES: 12.1 The Selkirk First Nation may delegate any of its powers, including legislative powers, to: 12.1 .l a public body or official established by a law of the Selkirk First Nation; 12.1.2 Government, including a deparhnent, agency or official of Government; 12. I .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; CROSS REFERENCES: 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. 9.2, 9.2.1, 9.2.5,26.0 (all) RESPONSIBILITY SFN TIMING At discretion of SFN SFN, other party At discretion of parties SFN, other party ACTIVITIES Research and identify authority or power to be delegated. Negotiate and draft delegation agreement with other party. If delegation agreement is completed, and delegation occurs, notify Government and the public. As necessary PLANNING ASSUMPTIONS 1. Any delegation of SFN powers will be subject to an approval process as may be set out in its Constitution and laws. SELKIRK FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN: ANNEX A -- ACTIVITY SHEETS PROJECT: RESPONSIBLE PARTY: PARTICIPANT I LIAISON: REFERENCED CLAUSES: Delegation of powers to SFN SFN Any entity that has the authority to delegate its powers (“delegating authority”) 12.3 The Selkirk First Nation has the capacity to enter into agreements to receive powers, including legislative powers, by delegation. CROSS REFERENCES: 9.2,9.2.1,9.2.5, 12.1 (all) RESPONSIBILITY SFN or delegating authority ACTIVITIES Forward delegation proposal to other party. TIMING Once a decision has been made to proceed with a delegated proposal SFN or delegating authority SFN or delegating authority SFN or delegating authority Prepare views and respond. Negotiate, draft and enter into delegation agreement. Notify public of delegation agreement. Within a reasonable time period following receipt of the proposal At discretion of parties Following approval of agreement by parties 15 SELKIRK FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN: ANNEX A -- ACTIVITY SHEETS PROJECT: Enactment of SFN laws RESPONSIBLE PARTY: SFN PARTICIPANT I LIAISON: Yukon REFERENCED CLAUSES: 13.1 The Selkirk First Nation shall have the exclusive power to enact laws in relation to the following matters: 13.1.1 administration of the Selkirk First Nation affairs and operation and internal management of the Selkirk First Nation; 13.1.2 management and administration of rights or benefits which are realized pursuant to the Final Agreement by persons enrolled under the Final Agreement, and which are to be controlled by the Selkirk First Nation; and 13.1.3 matters ancillary to the foregoing 13.2 The Selkirk First Nation shall have the power to enact laws in relation to the following matters in the Yukon: 13.2.1 provision of programs and services for Citizens in relation to their spiritual and cultural beliefs and practices; 13.2.2 provision of programs and services for Citizens in relation to the Northern Tutchone language; 13.2.3 provision of health care and services to Citizens, except licensing and regulation of facility-based services off Settlement Land; 13.2.4 provision of social and welfare services to Citizens, except licensing and regulation of facility-based services off Settlement Land; 13.2.5 provision oftraining 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 ofthe Selkirk First Nation children, except licensing and regulation of facility-based services off Settlement Land; 13.2.8 provision of education programs and services for Citizens choosing to participate, except licensing and regulation of facility-based services off Settlement Land; 16 SELKIRK FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN: ANNEX A -- ACTIVITY SHEETS 13.2.9 inheritance, wills, intestacy and administration of estates of Citizens, including rights and interests in Settlement Land; 13.2.10 procedures consistent with the principles of natural justice for determining the mental competency or ability of Citizens, including administration of the rights and interests of those found incapable of responsibility for their own affairs; 13.2.11 provision of services to Citizens for resolution of disputes outside the courts; 13.2.12 solemnization of marriage of Citizens; 132.13 licences in respect of matters enumerated in 13.1, 13.2 and 13.3 in order to raise revenue for the Selkirk First Nation purposes; 13.2.14 matters necessary to enable the Selkirk First Nation to fulfill its responsibilities under the Final Agreement or this Agreement; and 13.2.15 matters ancillary to the foregoing, 13.3 The Selkirk First Nation shall have the power to enact laws of a local or private nature on Settlement Land in relation to the following matters: 13.3.1 use, management, administration, control and protection of Settlement Land; 13.3.2 allocation or disposition of rights and interests in and to Settlement Land, including expropriation by the Selkirk First Nation for the Selkirk First Nation purposes; 13.3.3 use, management, administration and protection of natural resources under the ownership, control or jurisdiction of the Selkirk First Nation; 13.3.4 gathering, hunting, trapping or fishing and the protection of fish, wildlife and habitat; 13.3.5 control or prohibition of the erection and placement of posters, advertising signs, and billboards; 13.3.6 licensing and regulation of any person or entity carrying on any business, trade, profession, or other occupation; 17 SELKTRK FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN: ANNEX A -- ACTIVITY SHEETS 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 stmctures; 13.3.9 prevention of overcrowding of residences or other buildings or stluchlres; 13.3.10 control ofthe sanitary condition ofbuildiigs 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 fanning or game ranching; 13.3.17 administration ofjustice; 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 fnearms, 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. 18 SELKIRK FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN: ANNEX A--ACTIVITY SHEETS CROSS REFERENCES: 8.4 (all), 13.5.5, 13.6 0 (all), 14.0 (all), 20.0 (all), 21.1, 21.2, 21.3, 21.4 RESPONSIBILITY ACTIVITIES SFN Prepare initial laws. TIMING At discretion, at&r federal Order in Council giving effect to SFNSGA SFN SFN SFN SFN Enact initial laws. Prepare other laws. Enact other laws. Provide Yukon with copy of SFN laws. After Effective Date As required As necessary As soon as practicable after each law is passed PLANNING ASSUMPTIONS I. Initial laws may include fmancial administration legislation and other such legislation fimdamental to the initial operation of the SFN. 2. An advance of federal one-time funding for initial laws may be provided by means of a contribution agreement with the SFN after the federal Order in Council giving effect to the SFNSGA, and will be referenced in the SFNFTA. 19 SELKIRK FIRST NATION SELF-GOVERNMENT AGREEMENT IMPLEMENTATION PLAN: ANNEX A -- ACTIVITY SHEETS PROJECT: RESPONSIBLE PARTY: PARTICIPANT / LIAISON: REFERENCED CLAUSES: Exercise of Emergency powers on and off SeStlement Lands SFN, Canada, Yukon None identified 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 Selkirk First Nation may apply to the Emergency. 13.4.2 A person acting pursuant to 13.4.1 shall, as soon as practicable after determining that a person in an Emergency is a Citizen, notify the Selkirk First Nation of the action taken and transfer the matter to the responsible the Selkirk First Nation authority, at which time the authority ofthe Government to act pursuant to 13.4.1 shall cease. 13.4.3 A person acting pursuant to 13.4.1 is not liable for any act done in good faith in the reasonable belief that the act was necessary to relieve an Emergency. 13.4.4 On Settlement Land, in relation to those matters enumerated in 13.2, in any situation that poses an Emergency to a person who is not a Citizen, the Selkirk First Nation may exercise power conferred by laws enacted by the Selkirk First Nation to relieve the Emergency, notwithstanding that Laws of General Application may apply to the Emergency. 13.4.5 A person acting pursuant to 13.4.4 shall, as soon as practicable after determining that a person in an Emergency is not a Citizen, notify Government or, where the person in an Emergency is a citizen of another Yukon First Nation, that Yukon First Nation, of the action taken and transfer the matter to the responsible authority, at which time the authority of the Selkirk First Nation to act pursuant to 13.4.4 shall cease. 13.4.6 A person acting pursuant to 13.4.4 is not liable for any act done in good faith in the reasonable belief that the act was necessary to relieve an Emergency. 13.4.7 Notwithstanding 13.5.0, in relation to powers enumerated in 13.3, Laws of General Application shall apply with respect to an Emergency arising on Settlement Land w&h has or is likely to have an effect off Settlement Land. CROSS REFERENCES: 9.2,9.2.1, 13.5, 13.5.4, 13.5.5 20