Teslin Tlingit Council Self-Government Agreement

The Teslin Tlingit Council Self-Government Agreement Among The Teslin Tlingit Council and The Government of Canada and The Government of the Yukon This Agreement made this 29 th day of M ay, 1993 . AM ONG: The Teslin Tlingit Council as represented by the Council of the Teslin Tlingit Council (hereinaf ter referred to as the " Teslin Tlingit Council" ) AND: The Government of the Yukon as represented by the Government Leader of the Yukon (hereinaf ter referred to as " the Yukon" ) AND: Her M ajesty the Queen in Right of Canada as represented by the M inister of Indian A f fairs and Northern Development (hereinaf ter referred to as " Canada" ) being the Part ies (collect ively referred to as " the Part ies" ) to this Teslin Tlingit Council Self -Government A greement (hereinaf ter referred to as " this Agreement " ). WHEREAS: Teslin Tlingit have decision-making st ructures based on the t radit ional Tlingit clan system and are desirous of maintaining these st ructures; the Part ies w ish to support and promote the contemporary and evolv ing polit ical inst itut ions and processes of the Teslin Tlingit Council; the Part ies have negot iated the Teslin Tlingit Council Final Agreement , securing the rights and benef it s therein including a commitment to negot iate the Teslin Tlingit Council Self -Government Agreement ; the Teslin Tlingit Council asserts, subject to Set t lement Agreements, cont inuing aboriginal rights, t it les and interests w ith respect to its Set t lement Land; the Part ies w ish to achieve cert aint y w ith respect to the relat ionship betw een the Teslin Tlingit Council and Government , including jurisdict ion over land and other resources w ithin the Tradit ional Territory of the Teslin Tlingit Council; the Part ies w ish to provide for the ef fect ive management , administ rat ion and exercise of the rights and benef it s of the Teslin Tlingit Council and Teslin Tlingit w hich are secured by the Teslin Tlingit Council Final Agreement ; the Part ies recognize and w ish to protect a w ay of life that is based on an economic and spiritual relat ionship betw een Teslin Tlingit and the land; the Part ies w ish to protect the cultural, polit ical and economic dist inct iveness and social w ell-being of the Teslin Tlingit ; and the Teslin Tlingit Council, Canada and the Yukon have authorized their representat ives to sign this Teslin Tlingit Council Self -Government Agreement ; NOW THEREFORE, in accordance w ith Chapter 24 of the Teslin Tlingit Council Final Agreement , and in considerat ion of the terms, exchange of promises, condit ions, and provisos contained herein, the Part ies agree to the follow ing: Signed at , Yukon, the day of M ay , 1993 Douglas Smarch, Sr. Clan Leader - Daxaw eidi M at thew Thom Clan Leader - Yanyeidi Watson Smarch Clan Leader - Daishetaan Frank Jackson Clan Leader - Xooxetaan Sam Johnston Clan Leader - Isheketaan David Keenan Chief - Teslin Tlingit Council The Honourable Tom Siddon M inister of Indian A f fairs and Northern Development John Ostashek Government Leader of the Yukon Witness Witness Witness Witness Witness Witness Witness Witness PART I GENERAL 1.0 DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 .0 PRINCIPLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 .0 GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 .0 RATIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 .0 SELF-GOVERNM ENT LEGISLATION . . . . . . . . . . . . . . . . . . 6 6 .0 AM ENDM ENT AND REVIEW . . . . . . . . . . . . . . . . . . . . . . . 6 7 .0 REM EDIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 .0 INTERPRETATION AND APPLICATION OF LAW . . . . . . . . . . 8 PART II TESLIN TLINGIT COUNCIL 9.0 LEGAL STATUS OF THE TESLIN TLINGIT COUNCIL . . . . . . 11 10 .0 TESLIN TLINGIT COUNCIL CONSTITUTION . . . . . . . . . . . . 12 11 .0 TRANSITIONAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . 12 12 .0 DELEGATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 PART III TESLIN TLINGIT COUNCIL LEGISLATION 13.0 LEGISLATIVE POWERS . . . . . . . . . . . . . . . . . . . . . . . . . 15 13 .4 .0 Emergency Pow ers . . . . . . . . . . . . . 19 13 .5 .0 Law s of General Applicat ion . . . . . . . . . . . . . . 20 13 .6 .0 Administ rat ion of Just ice . . . . . . . . . . . . . . . . 22 14 .0 TAXATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 15 .0 TAXATION STATUS . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 PART IV TESLIN TLINGIT COUNCIL PROGRAM S AND SERVICES 16.0 SELF-GOVERNM ENT FINANCIAL TRANSFER AGREEM ENT . 31 17 .0 PROGRAM S AND SERVICES . . . . . . . . . . . . . . . . . . . . . . 35 18 .0 GOV ERNM ENT OF THE YUKON FINA NCIA L CONTRIBUTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 19 .0 TESLIN TLINGIT COUNCIL REVENUE . . . . . . . . . . . . . . . . 37 20 .0 LAWS OF CANADA AND THE YUKON . . . . . . . . . . . . . . . 38 21.0 PUBLIC REGISTER OF LAWS AND NOTIFICATION PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 22 .0 FINANCIAL ACCOUNTABILITY . . . . . . . . . . . . . . . . . . . . . 39 23 .0 IM PLEM ENTATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 24 .0 DISPUTE RESOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . 39 25 .0 COM PATIBLE LAND USE . . . . . . . . . . . . . . . . . . . . . . . . 40 26 .0 LOCAL SERVICE AGREEM ENTS . . . . . . . . . . . . . . . . . . . 41 27 .0 REGIONAL OR DISTRICT STRUCTURES . . . . . . . . . . . . . . 42 28 .0 TESLIN COM M UNITY LANDS . . . . . . . . . . . . . . . . . . . . . 43 29 .0 TESLIN TLINGIT COUNCIL RETAINED RESERVES . . . . . . . 44 APPENDIX A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 APPENDIX B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 PART I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 PART 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 APPENDIX C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 SCHEDULE A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 RATIFICATION OF THE TESLIN TLINGIT COUNCIL SELF-GOVERNM ENT AGREEM ENT . . . . . . . . . . . . . . . . . . . . . . 57 1 .0 DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 2 .0 GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 3 .0 RATIFICATION COM M ITTEE . . . . . . . . . . . . . . . . . . . . . . 58 4 .0 RATIFICATION BUDGETS . . . . . . . . . . . . . . . . . . . . . . . . 58 5 .0 INITIATION OF THE RATIFICATION PROCESS . . . . . . . . . . 58 6 .0 ELIGIBLE CLAN M EM BERS LIST . . . . . . . . . . . . . . . . . . . 59 7 .0 INFORM ATION CAM PAIGN . . . . . . . . . . . . . . . . . . . . . . . 59 8 .0 AUTHORIZATION OF THE COUNCIL . . . . . . . . . . . . . . . . 60 9 .0 RATIFICATION BY THE COUNCIL . . . . . . . . . . . . . . . . . . 62 10 .0 REPORT BY RATIFICATION COM M ITTEE . . . . . . . . . . . . . 63 11 .0 SIGNING OF THE AGREEM ENT . . . . . . . . . . . . . . . . . . . . 64 ANNEX 1 TO SCHEDULE A TESLIN TLINGIT COUNCIL FINAL AGREEM ENT AND SELF-GOVERNM ENT AGREEM ENT AUTHORIZATION FORM 65 PART I GENERAL 1.0 DEFINITIONS 1.1 In this Agreement : " Act " includes ordinance; " Chief " , " Execut ive" , and " Council" have the same meanings as in the Const itut ion; " Cit izen" means a cit izen of the Teslin Tlingit Council as determined by the Const itut ion; " Const itut ion" means the const itut ion of the Teslin Tlingit Council, in ef fect on August 10 , 1991 , as amended f rom t ime to t ime; " Consult " or " Consultat ion" means to provide, (a) to the party to be consulted, not ice of a mat ter to be decided in suf f icient form and detail t o allow that party to prepare it s v iew s on the mat ter, (b) a reasonable period of t ime in w hich the party to be consulted may prepare it s view s on the mat ter, and an opportunity to present such view s to the party obliged to consult , and (c) full and fair considerat ion by the party obliged to consult of any view s presented; " Council for Yukon Indians" includes any successor to the Council for Yukon Indians and, in the absence of a successor, the Yukon First Nat ions; " Ef fect ive Date" means the date on w hich this Agreement is brought into ef fect by Self -Government Legislat ion; " Emergency" includes apprehended, imminent or actual danger to life, health, safety, or the environment ; 2 " Final Agreement " means the Teslin Tlingit Council Final Agreement betw een the Government of Canada, the Teslin Tlingit Council and the Government of the Yukon, init ialled by the negot iators for the Part ies on the day of , 1993 ; " Government " means Canada or the Yukon, or both, depending upon w hich government or governments have responsibilit y , f rom t ime to t ime, for the mat ter in quest ion; " Law " includes common law ; " Law s of General Applicat ion" means law s of general applicat ion as def ined by common law , but does not include law s enacted by the Teslin Tlingit Council; " Legislat ive Assembly" means the Council of the Yukon Territory as def ined in the Yukon Act , R.S.C. 1985 , c. Y-2 ; " Legislat ion" includes Acts, Regulat ions, orders-in-council and bylaw s; " M inister" means the M inister or M inisters of Government charged by Legislat ion w ith the responsibilit y , f rom t ime to t ime, f or the exercise of pow ers in relat ion to the mat ter in quest ion; " Non-Set t lement Land" means all land and w ater in the Yukon other than Set t lement Land; " Of f icial Community Plan" means the of f icial community plan adopted by the Village of Teslin pursuant to the M unicipal Act , R.S.Y., c.119 . " Regulat ion" includes a regulat ion or any inst rument made in the execut ion of a pow er or authorit y conferred by an Act , but does not include law s enacted by the Teslin Tlingit Council; " Self -Government Legislat ion" means the Legislat ion w hich brings this Agreement into ef fect ; " Set t lement Agreement " has t he same meaning as in the Final Agreement ; 3 " Set t lement Corporat ion" means a corporat ion as described in 20 .4 .2 of the Final Agreement , created by the Teslin Tlingit Council alone or together w ith one or more Yukon First Nat ions; " Set t lement Land" means those lands ident if ied in the Final Agreement as Set t lement Land for the Teslin Tlingit Council; " Set t lement Legislat ion" has the same meaning as in the Final Agreement ; " Tradit ional Territory" means the geographic area w ithin the Yukon ident if ied as the Teslin Tlingit Council Tradit ional Territory on the maps referred to in 2 .9 .0 of the Final Agreement ; " Umbrella Final Agreement " means the Comprehensive Land Claim Umbrella Final Agreement betw een the Government of Canada, the Council for Yukon Indians and the Government of the Yukon, init ialled by the negot iators for the part ies to that Agreement on the 30 th day of M ay, 1992 ; " Yukon First Nat ion" means one of the follow ing, Carcross/Tagish First Nat ion, Champagne and A ishihik First Nat ions, Daw son First Nat ion, Kluane First Nat ion, Kw anlin Dun First Nat ion, Liard First Nat ion, Lit t le Salmon/Carmacks First Nat ion, First Nat ion of Nacho Nyak Dun, Ross River Dena Council, Selkirk First Nat ion, Ta' an Kw ach' an Council, Teslin Tlingit Council, Vuntut Gw itchin First Nat ion, or White River First Nat ion; " Yukon First Nat ions" means all of the Yukon First Nat ions def ined as a Yukon First Nat ion; and 4 " Yukon Indian People" means people enrolled under one of the Yukon First Nat ion Final Agreements in accordance w ith crit eria established in Chapter 3 of the Umbrella Final Agreement ; " Yukon Law of General Applicat ion" means a Law of General Applicat ion enacted pursuant to the Yukon A ct , R.S.C. 1985 , c. Y 2 . 2.0 PRINCIPLES 2.1 The Teslin Tlingit Council has t radit ional decision-making st ructures and desires to maintain these t radit ional st ructures integrated w ith contemporary forms of government . 2 .2 The Part ies are commit ted to promot ing opportunit ies for the w ell being of Cit izens equal to those of other Canadians and to providing essent ial public serv ices of reasonable quality to all Cit izens. 3.0 GENERAL PROVISIONS 3.1 This Agreement shall not af fect any aboriginal claim, right , t it le or interest of the Teslin Tlingit Council or of it s Cit izens. 3 .2 This Agreement shall not af fect t he ident it y of Cit izens as aboriginal people of Canada. 3 .3 This Agreement shall not af fect the abilit y of the aboriginal people of t he Teslin Tlingit Council to exercise, or benef it f rom, any exist ing or future const itut ional rights f or aboriginal people that may be applicable to them. 3 .4 Unless otherw ise provided pursuant to this Agreement or in a law enacted by the Teslin Tlingit Council, this Agreement shall not af fect the abilit y of Cit izens to part icipate in and benef it f rom Government programs for status Indians, non-status Indians or nat ive people, as the case may be. Benef it s under such programs shall be determined by the general criteria for such programs established f rom t ime to t ime. 5 3.5 Except for the purpose of determining w hich Cit izens are " Indians" w ithin the meaning of the Indian Act , R.S.C. 1985 , c. I-5 , the Indian Act , R.S.C. 1985 , c.I-5 , does not apply to Cit izens, the Teslin Tlingit Council or Set t lement Land. 3 .6 This Agreement shall not : 3 .6 .1 af fect the rights of Cit izens as Canadian cit izens; and 3 .6 .2 unless otherw ise provided pursuant to this Agreement or in a law enacted by the Teslin Tlingit Council, af fect the ent it lement of Cit izens to all of the benef it s, services, and protect ions of other Canadian cit izens applicable f rom t ime to t ime. 3 .7 Government may determine, f rom t ime to t ime, how and by w hom any pow er or authorit y of Government set out in this A greement shall be exercised, other than the pow er to consent to an amendment pursuant to 6 .2 . 4.0 RATIFICATION 4.1 Rat if icat ion of this Agreement shall be sought by the Part ies and shall be rat if ied by each of the Part ies in the follow ing manner: 4 .1 .1 by Canada, by the Governor in Council; 4 .1 .2 by the Yukon, by the Commissioner in Execut ive Council; and 4 .1 .3 by the Teslin Tlingit Council, by the process set out in Schedule A of this Agreement . 5.0 SELF-GOVERNM ENT LEGISLATION 5.1 Prior to rat if icat ion of this Agreement , Government shall negot iate, w ith the Council for Yukon Indians, guidelines for draf t ing Self Government Legislat ion that shall, among other things, take into account the provisions of this Agreement . 6 5.2 Government shall Consult the Council for Yukon Indians during the draf t ing of Self -Government Legislat ion. 5 .3 Government shall Consult the af fected Yukon First Nat ions during the draf t ing of any subsequent amendments to Self -Government Legislat ion. 6.0 AM ENDM ENT AND REVIEW 6.1 This Agreement may only be amended w ith the consent of the Part ies. 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 Execut ive Council; and 6 .2 .3 the Teslin Tlingit Council, by the Execut ive Council. 6 .3 W here Government has concluded a self -government agreement w ith another Yukon First Nat ion w hich includes provisions more favourable than those in this Agreement , and w here it w ould be pract ical to include t hose provisions in this Agreement , Government , at the request of the Teslin Tlingit Council, shall negot iate w ith the Teslin Tlingit Council w ith 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 f rom negot iat ions described in 6 .3 may be referred by any Party to dispute resolut ion pursuant to 26 .3 .0 of the Final Agreement . 6 .4 .1 In any dispute arising pursuant to 6 .3 an arbit rator shall have the authorit y set out in 26 .7 .3 of the Final Agreement . 7 6.5 The Part ies shall make amendments to this Agreement w hich are required to give ef fect t o orders or decisions of an arbit rator pursuant to 6 .4 . 6 .6 Unless the Part ies otherw ise agree, the Part ies shall review this Agreement w ithin f ive years of the Ef fect ive Date for the purpose of determining w hether: 6 .6 .1 other self -government agreements in Canada have more ef f ect ively incorporated self -government provisions respect ing any mat ters considered in this Agreement ; 6 .6 .2 other self -government agreements in Canada have more ef fect ively incorporated implementat ion or f inancial t ransfer agreements; 6 .6 .3 this Agreement has been implemented in accordance w ith the implementat ion plan; 6 .6 .4 the negot iated t ransfer of programs, responsibilit ies and resources pursuant to this Agreement has been successful; and 6 .6 .5 this Agreement should be amended in accordance w ith 6 .1 and 6 .2 to ref lect the outcome of the review . 7.0 REM EDIES 7.1 Neither Government nor the Teslin Tlingit Council shall have a claim or a cause of act ion in t he event any provision of this Agreement or of Self -Government Legislat ion is found by a court of competent jurisdict ion to be invalid. 7 .2 Neither Government nor the Teslin Tlingit Council shall challenge the validity of any provision of this Agreement or of Self Government Legislat ion. 8 7.3 If any provision of t his A greement is found by a court of competent jurisdict ion to be invalid, the Part ies shall make best ef fort s to amend this A greement to remedy the invalidity or replace the invalid provision. 7 .4 If any provision of Self -Government Legislat ion is found by a court of competent jurisdict ion to be invalid, Government shall make best ef forts to amend the Self -Government Legislat ion to remedy the invalidit y or replace the invalid provision. 8.0 INTERPRETATION AND APPLICATION OF LAW 8.1 Subject to 8 .1 .1 , w here there is any inconsistency or conf lict betw een the provisions of federal Self -Government Legislat ion and any other federal Legislat ion, the federal Self -Government Legislat ion shall prevail to the extent of the inconsistency or conf lict . 8 .1 .1 Where there is any inconsistency or conf lict betw een the provisions of federal Self -Government Legislat ion and the Final Agreement or Set t lement Legislat ion, the Final Agreement or Set t lement Legislat ion shall prevail to the extent of the inconsistency or conf lict . 8 .2 Subject to 8 .2 .1 , w here t here is any inconsistency or conf lict betw een the provisions of Yukon Self -Government Legislat ion and any other Yukon Legislat ion, the Yukon Self -Government Legislat ion shall prevail to the extent of the inconsistency or conf lict . 8 .2 .1 Where there is any inconsistency or conf lict betw een the provisions of Yukon Self -Government Legislat ion and the Final Agreement or Set t lement Legislat ion, the Final Agreement or Set t lement Legislat ion shall prevail to the extent of the inconsistency or conf lict . 8 .3 This Agreement is subject to the Final A greement , and in the event of any inconsistency or conf lict , the Final Agreement shall prevail to the extent of the inconsistency or conf lict . 9 8.4 Common law conf lict of law s principles shall apply w here a conf lict of law s issue arises unless: 8 .4 .1 in the case of a conf lict of law s issue arising betw een a law of the Teslin Tlingit Council and a law of another Yukon First Nat ion, the Teslin Tlingit Council and the other Yukon First Nat ion have otherw ise agreed; or 8 .4 .2 in the case of a conf lict of law s issue arising betw een a law of the Teslin Tlingit Council and a Law of General Applicat ion, the Teslin Tlingit Council and Government have otherw ise agreed. 8 .5 Unless otherw ise provided in this Agreement , the exercise of pow ers by the Teslin Tlingit Council pursuant to this Agreement shall not confer any dut ies, obligat ions or responsibilit ies on Government . 8 .6 This Agreement shall be interpreted according to the Interpretat ion Act , R.S.C. 1985 , c. I-21 , w ith such modif icat ions as the circumstances require. 8 .7 The preamble and the principles in this A greement are statements of the intent ions of the Part ies and shall only be used to assist in the interpretat ion of doubt ful or ambiguous expressions in this Agreement . 8 .8 Capitalized w ords or phrases shall have the meaning as def ined in this Agreement . 8 .9 Any reference in t his A greement t o Legislat ion, an A ct or a provision of an Act includes: 8 .9 .1 that Legislat ion, Act or provision of an Act , and any Regulat ions made thereunder, as amended f rom t ime to t ime; and 8 .9 .2 any successor Legislat ion, Act or provision of an Act . 10 8.10 Successor Legislat ion includes Yukon Legislat ion w hich replaces federal Legislat ion as a consequence of devolut ion of authorit y or responsibilit y f rom Canada to the Yukon. 8 .11 The Supreme Court of the Yukon shall have jurisdict ion in respect of any act ion or proceeding arising out of this Agreement or Self Government Legislat ion. 8 .12 Nothing in this Agreement shall be const rued to limit the jurisdict ion of the Federal Court of Canada as set forth in the Federal Court Act , R.S.C. 1985 , c. F-7 . 11 PART II TESLIN TLINGIT COUNCIL 9.0 LEGAL STATUS OF THE TESLIN TLINGIT COUNCIL 9.1 Upon the Ef fect ive Date, the Indian Act , R.S.C. 1985 , c. I-5 , Teslin Tlingit Council Indian Band shall cease to exist and its rights, t it les, interests, assets, obligat ions and liabilit ies, including those of it s band council, shall vest in the Teslin Tlingit Council. 9 .2 The Teslin Tlingit Council is a legal ent it y and has the capacity, rights, pow ers and priv ileges of a natural person and, w ithout rest rict ing the generalit y of the foregoing, may: 9 .2 .1 enter into cont racts or agreements; 9 .2 .2 acquire and hold property or any interest therein, sell or otherw ise 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 corporat ions or other legal ent it ies; and 9 .2 .6 do such other things as may be conducive to the exercise of it s rights, pow ers and priv ileges. 9 .3 The act of acquiring or the holding of any rights, liabilit ies or obligat ions by the Teslin Tlingit Council or by any ent it y described in 9 .2 .5 , shall not be const rued to af fect any aboriginal right , t it le or interest of the Teslin Tlingit Council, it s Cit izens or their heirs, descendants or successors. 10.0 TESLIN TLINGIT COUNCIL CONSTITUTION 10.1 The Teslin Tlingit Council Const itut ion shall: 12 10.1 .1 contain the Teslin Tlingit Council cit izenship code; 10 .1 .2 establish governing bodies and provide for their pow ers, dut ies, composit ion, membership and procedures; 10 .1 .3 provide for a system of report ing, w hich may include audits, through w hich the Teslin Tlingit Council government shall be f inancially accountable to its Cit izens; 10 .1 .4 recognize and protect the rights and f reedoms of Cit izens; 10 .1 .5 provide for the challenging of the validit y of law s enacted by the Teslin Tlingit Council and for the quashing of invalid law s; 10 .1 .6 provide for amending the Const itut ion by the Cit izens; and 10.1 .7 be consistent w ith this Agreement . 10 .2 The Const itut ion may provide for any other mat ters relat ing to the Teslin Tlingit Council government or to the governing of Set t lement Land, or of persons on Set t lement Land. 10 .3 The cit izenship code established in the Const itut ion shall enable all persons enrolled under the Final Agreement to be Cit izens. 11.0 TRANSITIONAL PROVISIONS 11.1 The band council of the Indian A ct , R.S.C. 1985 , c. I-5 , Teslin Tlingit Council Indian Band that is in of f ice on the Ef fect ive Date shall be deemed to be the governing body of the Teslin Tlingit Council unt il replaced in accordance w ith the Const itut ion. 11 .2 Any monies held by Canada f or the use and benef it of the Indian Act , R.S.C. 1985 , c. I-5 , Teslin Tlingit Council Indian Band shall be 13 t ransferred to the Teslin Tlingit Council, as soon as pract icable af ter the Ef fect ive Date. 12.0 DELEGATION 12.1 The Teslin Tlingit Council may delegate any of it s pow ers, including legislat ive pow ers, to: 12 .1 .1 a public body or of f icial established by a law of the Teslin Tlingit Council; 12 .1 .2 Government , including a department , agency or of f icial of Government ; 12 .1 .3 a public body performing a funct ion of government in Canada, including another Yukon First Nat ion; 12 .1 .4 a municipalit y, school board, local body, or legal ent it y established by Yukon Law ; 12 .1 .5 a t ribal council; 12 .1 .6 the Council for Yukon Indians; or 12 .1 .7 any legal ent it y in Canada. 12 .2 Any delegat ion under 12 .1 .2 to 12 .1 .7 shall be made by w rit ten agreement w ith the delegate. 12 .3 The Teslin Tlingit Council has the capacity to enter into agreements to receive pow ers, including legislat ive pow ers, by delegat ion. 14 15 PART III TESLIN TLINGIT COUNCIL LEGISLATION 13.0 LEGISLATIVE POWERS 13.1 The Teslin Tlingit Council shall have the exclusive pow er to enact law s in relat ion to the follow ing mat ters: 13 .1 .1 administ rat ion of Teslin Tlingit Council af fairs and operat ion and internal management of the Teslin Tlingit Council; 13 .1 .2 management and administ rat ion of rights or benef it s w hich are realized pursuant to the Final Agreement by persons enrolled under the Final Agreement , and w hich are to be cont rolled by the Teslin Tlingit Council; and 13 .1 .3 mat ters ancillary to the foregoing. 13 .2 The Teslin Tlingit Council shall have the pow er to enact law s in relat ion to the follow ing mat ters in the Yukon: 13 .2 .1 provision of programs and serv ices for Cit izens in relat ion to their spiritual and cultural beliefs and pract ices; 13 .2 .2 provision of programs and services for Cit izens in relat ion to their aboriginal languages; 13 .2 .3 provision of health care and serv ices to Cit izens, except licensing and regulat ion of facilit y-based services of f Set t lement Land; 13 .2 .4 provision of social and w elfare serv ices to Cit izens, except licensing and regulat ion of facilit y -based services of f Set t lement Land; 16 13.2 .5 provision of t raining programs for Cit izens, subject to Government cert if icat ion requirement s w here applicable; 13 .2 .6 adopt ion by and of Cit izens; 13 .2 .7 guardianship, custody, care and placement of Teslin Tlingit children, except licensing and regulat ion of facilit y-based services of f Set t lement Land; 13 .2 .8 provision of educat ion programs and services for Cit izens choosing t o part icipate, except licensing and regulat ion of facilit y-based services of f Set t lement Land; 13 .2 .9 inheritance, w ills, intestacy and administ rat ion of estates of Cit izens, including rights and interests in Set t lement Land; 13 .2 .10 procedures consistent w ith the principles of natural just ice for determining the mental competency or abilit y of Cit izens, including administ rat ion of the rights and interests of those found incapable of responsibilit y for their ow n af fairs; 13 .2 .11 provision of services to Cit izens for resolut ion of disputes outside the court s; 13 .2 .12 solemnizat ion of marriage of Cit izens; 13 .2 .13 licences in respect of mat ters enumerated in 13 .1 , 13 .2 and 13 .3 in order to raise revenue for Teslin Tlingit Council purposes; 13 .2 .14 mat ters necessary to enable the Teslin Tlingit Council to fulf ill it s responsibilit ies under the Final Agreement or this Agreement ; and 13 .2 .15 mat ters ancillary to the foregoing. 17 13.3 The Teslin Tlingit Council shall have the pow er to enact law s of a local or private nature on Set t lement Land in relat ion to the follow ing mat ters: 13 .3 .1 use, management , administ rat ion, cont rol and protect ion of Set t lement Land; 13 .3 .2 allocat ion or disposit ion of rights and interests in and to Set t lement Land, including expropriat ion by the Teslin Tlingit Council for Teslin Tlingit Council purposes; 13 .3 .3 use, management , administ rat ion and protect ion of natural resources under the ow nership, cont rol or jurisdict ion of the Teslin Tlingit Council; 13 .3 .4 gathering, hunt ing, t rapping or f ishing and the protect ion of f ish, w ildlife and habitat ; 13 .3 .5 cont rol or prohibit ion of t he erect ion and placement of posters, advert ising signs, and billboards; 13 .3 .6 licensing and regulat ion of any person or ent it y carry ing on any business, t rade, profession, or other occupat ion; 13 .3 .7 cont rol or prohibit ion of public games, sport s, races, athlet ic contests and other amusements; 13 .3 .8 cont rol of the const ruct ion, maintenance, repair and demolit ion of buildings or other st ructures; 13 .3 .9 prevent ion of overcrow ding of residences or other buildings or st ructures; 13 .3 .10 cont rol of the sanitary condit ion of buildings or property; 13 .3 .11 planning, zoning and land development ; 18 13.3 .12 curfew s, prevent ion of disorderly conduct and cont rol or prohibit ion of nuisances; 13 .3 .13 cont rol or prohibit ion of the operat ion and use of vehicles; 13 .3 .14 cont rol or prohibit ion of the t ransport , sale, exchange, manufacture, supply, possession or consumpt ion of intoxicants; 13 .3 .15 establishment , maintenance, provision, operat ion or regulat ion of local serv ices and facilit ies; 13 .3 .16 caring and keeping of livestock, poult ry, pets and other birds and animals, and impoundment and disposal of any bird or animal malt reated or improperly at -large, but the caring and keeping of livestock does not include game farming or game ranching; 13 .3 .17 administ rat ion of just ice; 13 .3 .18 cont rol or prohibit ion of any act ions, act iv it ies or undertakings t hat const itute, or may const itute, a threat to public order, peace or safety; 13 .3 .19 cont rol or prohibit ion of any act iv it ies, condit ions or undertakings that const itute, or may const itute, a danger to public health; 13 .3 .20 cont rol or prevent ion of pollut ion and protect ion of the environment ; 13 .3 .21 cont rol or prohibit ion of the possession or use of f irearms, other w eapons and explosives; 13 .3 .22 cont rol or prohibit ion of the t ransport of dangerous substances; and 13.3 .23 mat ters coming w ithin the good government of Cit izens on Set t lement Land. 19 20 13.4 .0 Emergency Pow ers 13.4 .1 Of f Set t lement Land, in relat ion to those mat ters enumerated in 13 .2 , in any situat ion that poses an Emergency to a Cit izen, Government may exercise pow er conferred by Law s of General Applicat ion to relieve the Emergency, notw ithstanding that law s enacted by the Teslin Tlingit Council may apply to the Emergency. 13 .4 .2 A person act ing pursuant to 1 3 .4 .1 shall, as soon as pract icable af ter determining that a person in an Emergency is a Cit izen, not if y the Teslin Tlingit Council of the act ion taken and t ransfer the mat ter to the responsible Teslin Tlingit Council authorit y, at w hich t ime the authorit y of the Government to act pursuant to 13 .4 .1 shall cease. 13 .4 .3 A person act ing pursuant to 13 .4 .1 is not liable for any act done in good faith in the reasonable belief that the act w as necessary to relieve an Emergency. 13 .4 .4 On Set t lement Land, in relat ion to those mat ters enumerated in 13 .2 , in any sit uat ion that poses an Emergency to a person w ho is not a Cit izen, the Teslin Tlingit Council may exercise pow er conferred by law s enacted by the Teslin Tlingit Council to relieve the Emergency, notw ithstanding that Law s of General Applicat ion may apply to the Emergency. 13 .4 .5 A person act ing pursuant to 13 .4 .4 shall, as soon as pract icable af ter determining that a person in an Emergency is not a Cit izen, not if y Government or, w here the person in an Emergency is a cit izen of another Yukon First Nat ion, that Yukon First Nat ion, of the act ion taken and t ransfer the mat ter to the responsible authorit y, at w hich t ime the authorit y of the Teslin Tlingit Council to act pursuant to 13 .4 .4 shall cease. 21 13.4 .6 A person act ing pursuant to 13 .4 .4 is not liable for any act done in good faith in the reasonable belief that the act w as necessary to relieve an Emergency. 13 .4 .7 Not w it hst anding 1 3 .5 .0 , in relat ion t o pow ers enumerated in 13 .3 , Law s of General Applicat ion shall apply w ith respect to an Emergency arising on Set t lement Land w hich has or is likely to have an ef fect of f Set t lement Land. 13 .5 .0 Law s of General Application 13.5 .1 Unless otherw ise provided in this A greement , all Law s of General Applicat ion shall cont inue to apply to the Teslin Tlingit Council, it s Cit izens and Set t lement Land. 13 .5 .2 Canada and the Teslin Tlingit Council shall enter into negot iat ions w ith a view to concluding, as soon as pract icable, a separate agreement or an amendment of this Agreement w hich w ill ident if y the areas in w hich law s of the Teslin Tlingit Council shall prevail over federal Law s of General Applicat ion to the extent of any inconsistency or conf lict . 13 .5 .2 .1 Canada shall Consult w ith the Yukon prior to concluding the negot iat ions described in 13 .5 .2 . 13 .5 .2 .2 Clause 13 .5 .2 shall not af fect the status of the Yukon as a party to the negot iat ions or agreements referred to in 13 .6 .0 or 17 .0 . 13 .5 .3 Except as provided in 14 .0 , a Yukon Law of General Applicat ion shall be inoperat ive to the extent that it provides for any mat ter for w hich provision is made in a law enacted by the Teslin Tlingit Council. 13 .5 .4 W here t he Yukon reasonably foresees that a Yukon Law of General Applicat ion w hich it intends to enact may have an impact on a law enacted by the Teslin Tlingit Council, the Yukon shall Consult w ith the Teslin 22 Tlingit Council before int roducing the Legislat ion in the Legislat ive Assembly. 13 .5 .5 Where the Teslin Tlingit Council reasonably foresees that a law w hich it intends to enact may have an impact on a Yukon Law of General A pplicat ion, the Teslin Tlingit Council shall Consult w ith the Yukon before enact ing the law . 13 .5 .6 Where the Commissioner in Execut ive Council is of the opinion that a law enacted by the Teslin Tlingit Council has rendered a Yukon Law of General Applicat ion part ially inoperat ive and that it w ould unreasonably alter the character of a Yukon Law of General Applicat ion or that it w ould make it unduly dif f icult to administer that Yukon Law of General Applicat ion in relat ion to the Teslin Tlingit Council, Cit izens or Set t lement Land, the Commissioner in Execut ive Council may declare that the Yukon Law of General Applicat ion ceases to apply in w hole or in part to the Teslin Tlingit Council, Cit izens or Set t lement Land. 13 .5 .7 Prior to making a declarat ion pursuant to 13 .5 .6 , the Yukon shall: 13 .5 .7 .1 Consult w ith the Teslin Tlingit Council and ident if y solut ions, including any amendments to Yukon Legislat ion, that the Yukon considers w ould meet the object ives of the Teslin Tlingit Council; and 13 .5 .7 .2 af ter Consultat ion pursuant to 13 .5 .7 .1 , w here the Yukon and the Teslin Tlingit Council agree that the Yukon Law of General Applicat ion should be amended, the Yukon shall propose such amendment to the Legislat ive Assembly w ithin a reasonable period of t ime. 23 13.6 .0 Administration of Justice 13.6 .1 The Part ies shall enter into negot iat ions w ith a view to concluding an agreement in respect of the administ rat ion of Teslin Tlingit Council just ice provided for in 13 .3 .17 . 13 .6 .2 Negot iat ions respect ing the administ rat ion of just ice shall deal w ith such mat ters as adjudicat ion, civ il remedies, punit ive sanct ions including f ine, penalty and imprisonment for enforcing any law of the Teslin Tlingit Council, prosecut ion, correct ions, law enforcement , the relat ion of any Teslin Tlingit Council court s to other court s and any other mat ter related to aboriginal just ice to w hich the Part ies agree. 13 .6 .3 Notw ithstanding anything in this Agreement , t he Teslin Tlingit Council shall not exercise it s pow er pursuant to 13 .3 .17 unt il the expiry of the t ime described in 13 .6 .6 , unless an agreement is reached by the Part ies pursuant to 13 .6 .1 and 13 .6 .2 . 13 .6 .4 Unt il the expiry of the t ime 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 pow er to establish penalt ies of f ines up to $5 ,000 and imprisonment to a maximum of six months for the v iolat ion of a law enacted by the Teslin Tlingit Council; 13 .6 .4 .2 the Supreme Court of the Yukon Territory, t he Territorial Court of Yukon, and the Just ice of the Peace Court shall have jurisdict ion throughout the Yukon to adjudicate in respect of law s enacted by the Teslin Tlingit Council in accordance w ith the jurisdict ion designated to those courts by Yukon Law except that any of fence created under a law enacted by the Teslin Tlingit Council shall be w ithin the 24 exclusive original jurisdict ion of the Territorial Court of the Yukon; 13 .6 .4 .3 any of fence created under a law enacted by the Teslin Tlingit Council shall be prosecuted as an of fence against an enactment pursuant to the Summary Convict ions Act , R.S.Y. 1986 , c. 164 by prosecutors appointed by the Yukon; and 13.6 .4 .4 any t erm of imprisonment ordered by the Territorial Court of the Yukon pursuant to 13 .6 .4 .1 shall be served in a correct ional facilit y pursuant to the Correct ions Act , R.S.Y., 1986 , c. 36 . 13 .6 .5 Nothing in 13 .6 .4 is intended to preclude: 13 .6 .5 .1 consensual or ex ist ing customary pract ices of the Teslin Tlingit Council w ith respect to the administ rat ion of just ice; or 13 .6 .5 .2 programs and pract ices in respect of t he administ rat ion of just ice, including alternate sentencing or other appropriate remedies, to w hich the Part ies agree before an agreement is concluded pursuant to 13 .6 .1 and 13 .6 .2 . 13 .6 .6 The provisions in 13 .6 .4 are interim provisions and shall expire f ive years f rom the Ef fect ive Date or on the ef fect ive date of the agreement concluded pursuant to 13 .6 .1 and 13 .6 .2 , w hichever is earlier. If t he Part ies fail to reach an agreement pursuant t o 13 .6 .1 and 13 .6 .2 during the f ive year period then the interim prov isions shall extend for a further term ending December 31 , 1999 . 13 .6 .7 A ll new and incremental costs of implement ing the interim provisions in 13 .6 .4 incurred by the Yukon shall be paid by Canada in accordance w ith guidelines to be negot iated by the Yukon and Canada. 25 14.0 TAXATION 14.1 The Teslin Tlingit Council shall have the pow er to enact law s in relat ion to: 14 .1 .1 taxat ion, for local purposes, of interests in Set t lement Land and of occupants and tenants of Set t lement Land in respect of their interests in those lands, including assessment , collect ion and enforcement procedures and appeals relat ing thereto; 14 .1 .2 other modes of direct taxat ion of Cit izens (and, if agreed under 14 .5 .2 , other persons and ent it ies) w ithin Set t lement Land to raise revenue for Teslin Tlingit Council purposes; and 14 .1 .3 the implementat ion of measures made pursuant to any taxat ion agreement entered into pursuant to 14 .8 . 14 .2 The Teslin Tlingit Council pow ers provided for in 14 .1 shall not limit Government ' s pow ers to levy tax or make taxat ion law s. 14 .3 The Teslin Tlingit Council shall not exercise it s pow er to enact law s pursuant to 1 4 .1 .1 unt il the expirat ion of three years follow ing the Ef fect ive Date or unt il such earlier t ime as may be agreed betw een the Teslin Tlingit Council and the Yukon. 14 .4 The Teslin Tlingit Council shall not exercise it s pow er to enact law s pursuant to 14 .1 .2 unt il the expirat ion of three years follow ing the Ef fect ive Date. 14 .5 A f ter the expirat ion of one year follow ing the Ef fect ive Date or at such earlier t ime as may be agreed by Canada and the Teslin Tlingit Council, Canada and the Teslin Tlingit Council shall make reasonable ef forts to negot iate agreements on: 26 14.5 .1 the manner in w hich the Teslin Tlingit Council pow er to enact taxat ion law s under 14 .1 .2 shall be coordinated w ith exist ing tax systems; and 14.5 .2 the extent , if any, to w hich the pow er provided for in 14 .1 .2 should be extended to apply to other persons and ent it ies w ithin Set t lement Land. 14 .6 When the Teslin Tlingit Council exercises it s jurisdict ion, or assumes responsibilit y , f or t he management , administ rat ion and delivery of local services and, as a consequence, exercises property taxat ion pow ers under 14 .1 .1 , the Yukon shall undertake to ensure a sharing of tax room in respect of propert y taxes consistent w ith equitable and comparable taxat ion levels. 14 .6 .1 To the extent that the Teslin Tlingit Council imposes propert y taxat ion for local purposes, the Yukon shall ensure that Yukon municipalit ies do not incur any consequent ial net loss. 14 .6 .2 The Teslin Tlingit Council and the Yukon shall enter into negot iat ions as necessary to provide for the ef f icient delivery of local serv ices and programs. 14 .7 Where, follow ing the rat if icat ion date of this A greement , Parliament enacts Legislat ion providing: 14 .7 .1 taxat ion pow ers to an Indian government other than those provided for in this Agreement ; or 14 .7 .2 tax exempt ions for an Indian government , or an ent it y ow ned by an Indian government , other than those provided for in this Agreement , Canada shall, upon the request in w rit ing of the Teslin Tlingit Council, recommend Legislat ion to the appropriate legislat ive authorit y to provide the Teslin Tlingit Council w ith those other pow ers or exempt ions on t he same terms as are set out in the Legislat ion w hich provides the pow ers or exempt ions to the other Indian government or ent it y. 27 14.8 The Yukon M inister of Finance may enter into taxat ion agreements w ith the Teslin Tlingit Council. 14 .9 Notw ithstanding 14 .1 , the Teslin Tlingit Council shall, for taxat ion purposes, be deemed to be a " public authorit y" w ithin the meaning of Schedule 1 of the Northern Pipeline Act , R.S.C. 1985 , c. N-26 and shall abide and be bound by its terms and by the follow ing: 14 .9 .1 " Pipeline" has the same meaning as in the Northern Pipeline Act , R.S.C. 1985 , N-26 ; 14 .9 .2 " Yukon Propert y Tax" has t he same meaning as in Schedule 1 of the Northern Pipeline Act , R.S.C. 1985 , c. N-26 ; 14 .9 .3 the maximum level of the Yukon Property Tax imposed by the Yukon or any public authorit y therein on or for the use of t he Pipeline, shall not exceed the amounts payable set out in sect ion 5 of Schedule 1 of the Northern Pipeline Act , R.S.C. 1985 , c. N-26 ; 14 .9 .4 the Yukon shall Consult w ith the Teslin Tlingit Council and any other af fected Yukon First Nat ion on the establishment of the assessment and taxat ion regime for the Pipeline and the apport ioning, as betw een themselves, of the Yukon Property Tax; 14 .9 .5 the assessment and taxat ion regime shall 14 .9 .5 .1 take into account the assessment and taxat ion regimes for similar projects in other jurisdict ions in Canada, 14 .9 .5 .2 include a fair and equitable method to apport ion the Yukon Property Tax payable for the part of the Pipeline on Set t lement Land and the port ions w hich are not on Set t lement Land, and 14.9 .5 .3 provide for consistent , non-discriminatory assessment methods and tax rates for all parts 28 of the Pipeline regardless of w hether those parts are located on Set t lement Land or Non Set t lement Land; 14 .9 .6 subject to 14 .9 .3 , a dispute respect ing the assessment and taxat ion regime, including the apport ionment of Yukon Property Tax payable on Teslin Set t lement Land and on Non-Set t lement Land, may be referred by the Teslin Tlingit Council or the Yukon to dispute resolut ion under 26 .4 .0 of the Final Agreement ; and 14 .9 .7 a dispute not resolved pursuant to 26 .4 .0 may be referred to dispute resolut ion under 26 .7 .0 of the Final Agreement upon agreement of the Teslin Tlingit Council and the Yukon. 15.0 TAXATION STATUS 15.1 The Teslin Tlingit Council shall, f or t he purposes of paragraph 149(1)(c) of the Income Tax A ct , S.C.1970-71-72 , c. 63 be deemed to be a public body performing a funct ion of government in Canada for each taxat ion year of the Teslin Tlingit Council w here, at all t imes before the end of the year: 15 .1 .1 all of it s real propert y and all or substant ially all of it s tangible personal property w as situate on Set t lement Land; 15 .1 .2 it did not carry on any business other than a business carried on by it on Set t lement Land, the primary purpose of w hich w as to provide goods or serv ices to Cit izens or residents of Set t lement Land; and 15.1 .3 all or substant ially all of it s act iv it ies w ere devoted to the exercise of it s pow ers of government authorized under this Agreement , Self -Government Legislat ion, it s Set t lement Agreement or Set t lement Legislat ion, 29 and for t hese purposes the taxat ion year of the Teslin Tlingit Council shall be the calendar year or such other f iscal period as the Teslin Tlingit Council may elect . 30 15.2 Nothing in this Agreement shall af fect the taxat ion status of Set t lement Corporat ions as provided for in Chapter 20 of the Final Agreement . 15 .3 No t ax shall be payable under the Income Tax Act , S.C. 1970-71-72 , c. 63 for a taxat ion year on the income, property or capital of a corporat ion, in this clause referred to as " the subsidiary" , w here, at all t imes before the end of the year: 15 .3 .1 all the shares and capital of the subsidiary are ow ned by the Teslin Tlingit Council or by another subsidiary that sat isf ies t he 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 person other than the Teslin Tlingit Council or to another subsidiary that sat isf ies 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 substant ially all of the tangible personal property of the subsidiary is situate on Set t lement Land; 15 .3 .4 the subsidiary did not carry on any business other than a business carried on by it on Set t lement Land, the primary purpose of w hich w as to prov ide goods or services to Cit izens or residents of Set t lement Land, provided that any revenue arising f rom the provision of goods or services to persons other than Cit izens or residents of Set t lement Land comprises only an incidental port ion of the t otal revenue f rom the business; and 15.3 .5 the subsidiary w as not a Set t lement Corporat ion established pursuant to Chapter 20 of the Final Agreement . 15 .4 Where the Teslin Tlingit Council is deemed to be a public body under 15 .1 for a part icular year, no income tax w ill be 31 imposed on the Teslin Tlingit Council by the Yukon in respect of that year. 15 .5 Where, under 15 .3 , no income tax is payable by a subsidiary for a part icular year, no income tax w ill be imposed on the subsidiary by the Yukon in respect of that year. 32 33 PART IV TESLIN TLINGIT COUNCIL PROGRAM S AND SERVICES 16.0 SELF-GOVERNM ENT FINANCIAL TRANSFER AGREEM ENT 16.1 Canada and the Teslin Tlingit Council shall negot iate a self government f inancial t ransfer agreement in accordance w ith 16 .3 , w ith the object ive of providing t he Teslin Tlingit Council w ith 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 taxat ion. 16 .2 Subject to such terms and condit ions as may be agreed, the self -government f inancial t ransfer agreement shall set out : 16 .2 .1 the amounts of funding to be provided by Canada tow ards the cost of public serv ices, w here the Teslin Tlingit Council has assumed responsibilit y ; 16 .2 .2 the amounts of funding to be provided by Canada tow ards the cost of operat ion of Teslin Tlingit Council government inst itut ions; and 16.2 .3 such other mat ters as Canada and the Teslin Tlingit Council may agree. 16 .3 In negot iat ing the self -government f inancial t ransfer agreement , Canada and the Teslin Tlingit Council shall take into account the follow ing: 16 .3 .1 the abilit y and capacity of the Teslin Tlingit Council to generate revenues f rom its ow n sources; 16 .3 .2 diseconomies of scale w hich impose higher operat ing or administ rat ive costs on the Teslin Tlingit Council, in relat ion to costs prevailing prior to conclusion of this Agreement ; 34 16.3 .3 due regard to economy and ef f iciency, including the possibilit ies for co-operat ive or joint arrangements among Yukon First Nat ions for the management , administ rat ion and delivery of programs or serv ices; 16 .3 .4 any funding provided to the Teslin Tlingit Council through other Government t ransfer programs; 16 .3 .5 demographic features of the Teslin Tlingit Council; 16 .3 .6 results of review s pursuant to 6 .6 ; 16 .3 .7 exist ing levels of Government expenditure for services to Yukon First Nat ions and Yukon Indian People; 16 .3 .8 the prevailing f iscal policies of Canada; 16 .3 .9 other federal Legislat ion respect ing the f inancing of aboriginal governments; and 16.3 .10 such other mat ters as Canada and the Teslin Tlingit Council may agree. 16 .4 To assist in the negot iat ion of self -government f inancial t ransfer agreements, Government and the Teslin Tlingit Council shall: 16 .4 .1 take into account the direct and indirect costs to Government over such period as the Part ies may agree, of managing, administering and delivering a part icular program or serv ice for w hich the Teslin Tlingit Council is assuming responsibilit y ; 16 .4 .2 subject to the rest rict ions described in 2 .7 .0 of the Final Agreement , disclose all relevant informat ion for the purposes of 16 .4 .1 ; 16 .4 .3 consider the establishment of a base year and appropriate adjustment factors for determining the resources to be provided; and 35 16.4 .4 consider, w ithout prejudice, the method for calculat ing the formula f inancing grant under the Formula Financing Agreement betw een Canada and the Yukon. 16 .5 Self -government f inancial t ransfer agreements may consolidate federal program funding (operat ing and capital programs) for the Teslin Tlingit Council. 16 .6 Payments pursuant to the self -government f inancial t ransfer agreement shall be provided on an uncondit ional basis except w here criteria or condit ions are at tached to the provision of funding for similar programs or services in other jurisdict ions in Canada. 16 .7 The Teslin Tlingit Council may cont inue to access federal program funding for those programs not consolidated in the self -government f inancial t ransfer agreement in accordance w ith program authorit ies and condit ions in ef fect f rom t ime to t ime. 16 .8 Financial compensat ion paid: 16 .8 .1 to Yukon First Nat ions in accordance w ith Chapter 19 of the Umbrella Final Agreement ; and 16 .8 .2 to the Teslin Tlingit Council pursuant to Chapter 19 of the Final Agreement , and the proceeds f rom investments of the f inancial compensat ion described in 16 .8 .1 and 16 .8 .2 , shall not be taken into account for the purposes of determining the level of f unding provided through self -government f inancial t ransfer agreements. 16 .9 Funding pursuant to self -government f inancial t ransfer agreements shall be provided in the form of grants or other arrangements as appropriate. 16 .10 Any amounts required for the purposes of t he self government f inancial t ransfer agreement shall be paid out of such monies as may be appropriated by Parliament for those purposes. 36 16.11 Unless otherw ise agreed, a self -government f inancial t ransfer agreement shall be for a term of f ive years. 16 .12 A t least one year prior to the date of expiry of the then current self -government f inancial t ransfer agreement Canada and the Teslin Tlingit Council shall begin negot iat ing the terms of a new self -government f inancial t ransfer agreement . Unt il a new agreement has been concluded, the f inancing provisions of the expiring self -government f inancial t ransfer agreement , other than those dealing w ith start -up and one t ime cost , shall cont inue for a further tw o years or for such period as may be agreed by Canada and the Teslin Tlingit Council. 16 .13 The self -government f inancial t ransfer agreement shall be at tached to but not form part of this Agreement and it shall be a cont ract betw een Canada and the Teslin Tlingit Council. 16 .14 The level of f unding provided pursuant to the self government f inancial t ransfer agreement may be adjusted annually according to a formula to be agreed upon by Canada and the Teslin Tlingit Council. 16 .15 When the self -government f inancial t ransfer agreement is renegot iated, the Teslin Tlingit Council and Government shall review the cost -sharing arrangements. 16 .16 The f irst self -government f inancial t ransfer agreement of the Teslin Tlingit Council shall be negot iated at the same t ime as the implementat ion plan for this Agreement . 16 .17 Nothing in 16 .0 shall af fect the abilit y of the Teslin Tlingit Council to exercise, or benef it f rom, any rights that it may become ent it led to under future provisions of the Const itut ion of Canada. 37 17.0 PROGRAM S AND SERVICES 17.1 During the term of a self -government f inancial t ransfer agreement the Teslin Tlingit Council and Government shall negot iate the assumpt ion of responsibilit y by the Teslin Tlingit Council f or the management , administ rat ion and delivery of any program or serv ice w ithin the jurisdict ion of the Teslin Tlingit Council, w hether or not the Teslin Tlingit Council has enacted a law respect ing such mat ter. 17 .2 The Teslin Tlingit Council shall not if y Government by M arch 31st of each year of it s priorit ies for negot iat ions pursuant to 17 .1 for the f iscal year beginning April 1st of t hat year. W ithin 60 days of receipt of such not if icat ion, the Part ies shall prepare a w orkplan to address the Teslin Tlingit Council priorit ies for negot iat ion. The w orkplan shall ident if y t imelines and resources available for negot iat ions. 17 .3 Negot iat ions pursuant to 17 .1 shall have the follow ing object ives: 17 .3 .1 to provide resources adequate to ensure that the program or serv ice to be of fered by the Teslin Tlingit Council is of a level or qualit y equivalent to the Government program or service and exist ing program or service qualit y is not diminished; 17 .3 .2 to provide for mechanisms of cooperat ion and co ordinat ion, as appropriate, betw een the Teslin Tlingit Council government and governments at a local, territorial and federal level t o ensure the ef fect ive and ef f icient delivery of the program or service; 17 .3 .3 to consider f inancial and administ rat ive limitat ions and to promote administ rat ive ef f iciency and economies of scale; 17 .3 .4 to provide for local management and delivery of the program or service; 38 17.3 .5 to provide mechanisms for negot iat ing basic common standards betw een Government and Teslin Tlingit Council programs and services; and 17.3 .6 to ident if y the scope of the Part ies' authorit y. 17 .4 An agreement concluded pursuant to 17 .1 shall include a program and service implementat ion plan and ident if y the t raining requirements to be addressed in that plan. 17 .5 Canada and the Teslin Tlingit Council may agree to consolidate the funding provided for in an agreement entered into pursuant to 17 .1 w ith the funding provided pursuant to the self -government f inancial t ransfer agreement , w hich consolidat ion may take ef fect either at the commencement of the next f iscal year or at the commencement of t he term of the next self -government f inancial t ransfer agreement . 17 .6 Any responsibilit y assumed by t he Teslin Tlingit Council in an agreement entered into pursuant to 17 .1 shall be funded by interim f inancing arrangements w hich shall be in accordance w ith 16 .1 . 18.0 GOVERNM ENT OF THE YUKON FINANCIAL CONTRIBUTIONS 18.1 The cont ribut ion of the Yukon shall be subt racted f rom the expenditure base of any f iscal t ransfer arrangement in ef fect at the t ime, and shall be calculated by Government to be the aggregate of the follow ing: 18 .1 .1 the savings in expenditures realized by the Yukon as a result of the Teslin Tlingit Council assumpt ion of responsibilit y for programs and services, taking into account ef f iciency and economy as w ell as losses in ef f iciency that result f rom t he Yukon' s cont inuing responsibilit y for such programs and services; minus 18 .1 .2 an amount equal to losses in tax revenues result ing f rom the Teslin Tlingit Council occupying tax room previously occupied by the Yukon, but only if t he 39 revenue capacity associated w ith the tax room previously occupied by the Yukon remains included in the revenue capacity of the Yukon for the purpose of determining the federal f iscal t ransfer; minus 18 .1 .3 the monetary value of technical assistance and other cont ribut ions in kind provided by the Yukon; as w ell as 18 .1 .4 any other factors as Canada and the Yukon may agree, but in all cases, the Yukon shall cont inue to have the capacity to provide to Yukon residents the services for w hich it remains responsible, at a level or qualit y comparable to those prevailing prior to assumpt ion of responsibilit y by the Teslin Tlingit Council for the programs and serv ices. 18 .2 Any one-t ime net savings to the Yukon result ing f rom the Teslin Tlingit Council assumpt ion of responsibilit ies shall be paid by the Yukon to Canada in instalments of an amount and in accordance w ith a schedule to be agreed upon. 18 .3 The calculat ion of net savings pursuant to 18 .0 shall be made solely at the t ime that the Teslin Tlingit Council init ially assumes responsibilit y for that program or service or part thereof . 18 .4 Should there be no f iscal t ransfer arrangement as contemplated in 18 .1 that is in ef fect at the t ime, then the Yukon cont ribut ion shall be prov ided for under an agreement to be negot iated by Canada and the Yukon, and shall be based on the st ipulat ions enumerated in 18 .1 . 19.0 TESLIN TLINGIT COUNCIL REVENUE 19.1 If the Teslin Tlingit Council has access to a tax base, the revenue capacity associated w ith that tax base may be considered in determining the level of funding to be received pursuant to the Teslin Tlingit Council self -government f inancial t ransfer agreement , provided that : 40 19.1 .1 the revenue capacity associated w ith the tax base w ill be subject to of fset at a rat io of less than 1 :1 ; 19 .1 .2 any such revenue capacity shall be excluded ent irely f rom such considerat ion for a period of tw o years follow ing 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 init ial tw o years shall take into account the capabilit y of the Teslin Tlingit Council to exploit that tax base. 20.0 LAWS OF CANADA AND THE YUKON 20.1 The Teslin Tlingit Council has the pow er to adopt any Law of the Yukon or Canada as it s ow n law in respect of mat ters provided for in this Agreement . 20 .2 The Statutory Inst ruments Act , R.S.C. 1985 , c. S-22 , does not apply to a law enacted by the Teslin Tlingit Council. 21.0 PUBLIC REGISTER OF LAWS AND NOTIFICATION PROVISIONS 21.1 The Teslin Tlingit Council government shall maintain at it s principal administ rat ive of f ices a register of all law s enacted by the Teslin Tlingit Council. 21 .2 The Teslin Tlingit Council shall enter into negot iat ions w ith other Yukon First Nat ions w ith a view to concluding an agreement to establish a cent ral regist ry of const itut ions and law s enacted by Yukon First Nat ions. 21 .3 Every law enacted by the Teslin Tlingit Council and any amendment thereto and the Const itut ion and any amendment thereto shall be entered in their ent irety into the register forthw ith upon approval, adopt ion or enactment and also shall be forw arded forthw ith to the cent ral regist ry . 41 21.4 Any person shall have reasonable access to the regist ries during normal business hours. 21 .5 The Teslin Tlingit Council shall forw ard t o Government a list of Cit izens and any alterat ions to that list forthw ith af ter they occur. 22.0 FINANCIAL ACCOUNTABILITY 22.1 The Teslin Tlingit Council shall prepare, maintain and publish its accounts in a manner consistent w ith the standards generally accepted for governments in Canada. 23.0 IM PLEM ENTATION 23.1 The Part ies shall conclude an implementat ion plan as soon as pract icable. 23 .2 If the implementat ion plan has not been completed at t he t ime this Agreement is rat if ied by the Teslin Tlingit Council, the Teslin Tlingit Council shall be deemed to have delegated to the Chief and Council of the Teslin Tlingit Council the authorit y to negot iate and approve the implementat ion plan on behalf of the Teslin Tlingit Council. 23 .3 The Teslin Tlingit Council shall approve the implementat ion plan before it is approved by Government . 23 .4 Canada shall seek approval of the implementat ion plan at the same t ime Canada seeks rat if icat ion of this Agreement . 23 .5 The implementat ion plan referred to in 23 .1 shall be at tached to but not form part of this Agreement and it shall be a cont ract betw een the Part ies, and, to the extent pract icable, it shall be coordinated w ith the implementat ion plan for the Final Agreement . 24.0 DISPUTE RESOLUTION 42 24.1 If the Teslin Tlingit Council and Canada do not agree to the terms of a self -government f inancial t ransfer agreement provided for in 16 .0 , either party may refer the mat ter to mediat ion 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 calculat ion of the cont ribut ion of t he Yukon provided for in 18 .1 ; or, 24 .2 .2 in the negot iat ions for the t ransfer of programs or services provided for in 17 .0 , any party may refer the mat ter to mediat ion under 26 .4 .0 of the Final Agreement . 24 .3 A dispute respect ing this A greement not described in 24 .1 or 24 .2 may be referred to mediat ion under 26 .4 .0 of the Final Agreement upon agreement of the Part ies. 24 .4 The part ies to a dispute described in 24 .1 t o 2 4 .3 w hich is not resolved by mediat ion under 26 .6 .0 of the Final Agreement may agree to refer the dispute to arbit rat ion under 26 .7 .0 of the Final Agreement and the arbit rator shall have the authorit y 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 part y may apply to any court for relief in respect of any dispute w hich has been referred t o arbit rat ion under 24 .4 , except for an applicat ion for interim or interlocutory relief w here the board has failed to appoint an arbit rator under 26 .7 .2 of the Final Agreement w ithin 60 days of an applicat ion by any party to the dispute. 25.0 COM PATIBLE LAND USE 25.1 In respect of the Set t lement Land described in Appendix A and adjacent Non-Set t lement Land, the Teslin Tlingit Council and the Yukon or the Village of Teslin, as the case may be, shall make best ef forts to ensure: 43 25.1 .1 a proposed land use of Non-Set t lement Land shall not have a signif icant adverse impact on the peaceful use and enjoyment of adjacent Set t lement Land; and 25.1 .2 a proposed land use of Set t lement Land shall not have a signif icant adverse impact on the peaceful use and enjoyment of adjacent Non-Set t lement Land. 25 .2 For the purpose of avoiding signif icant adverse impact on the peaceful use and enjoyment of the Set t lement Land described in Appendix A and adjacent Non-Set t lement Land, the Teslin Tlingit Council and the Yukon or the Village of Teslin may establish a joint planning st ructure: 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 act iv it ies w hich w ould promote the compat ible use of the Set t lement Land described in Appendix A and adjacent Non-Set t lement Land. 26.0 LOCAL SERVICE AGREEM ENTS 26.1 The Teslin Tlingit Council may enter into agreements w ith another Yukon First Nat ion, a municipalit y, or Government , to provide for such mat ters as municipal or local government serv ices, joint planning, zoning or other land use cont rol. 26 .2 Any agreement entered into pursuant to 26 .1 respect ing a municipal or local government serv ice shall: 26 .2 .1 take into account the cost of providing that service; 26 .2 .2 provide for a process to resolve disputes w hich arise in respect of the agreement or the provision of the service; and 26.2 .3 provide that the part ies to such agreement , and their respect ive corporat ions, as the case may be, shall pay 44 similar rates for user-pay municipal or local government services as are paid by property ow ners in the same or similar communit ies. 27.0 REGIONAL OR DISTRICT STRUCTURES 27.1 The Teslin Tlingit Council and Government may agree to develop a process for consult ing af fected residents regarding the establishment of common administ rat ive and planning st ructures for part or all of the Tradit ional Territory. 27 .2 W here af fected residents have been consulted through a process developed pursuant to 27 .1 and the Teslin Tlingit Council or Government is sat isf ied that af fected residents support t he establishment of a common administ rat ive and planning st ructure, t he Teslin Tlingit Council or Government , as the case may be, may request the other party to enter into negot iat ions respect ing the establishment of a common administ rat ive and planning st ructure. 27 .3 In the negot iat ions referred to in 27 .2 , the Teslin Tlingit Council and Government may agree to establish a common administ rat ive and planning st ructure w ithin part or all of the Tradit ional Territory. 27 .4 A common administ rat ive and planning st ructure established pursuant to 27 .3 shall: 27 .4 .1 remain under the cont rol of all residents of the Tradit ional Territory or any agreed upon port ion of the Tradit ional Territory; and 27 .4 .2 include direct representat ion by the Teslin Tlingit Council. 27 .5 The Teslin Tlingit Council and Government may agree to delegate responsibilit ies to a common administ rat ive and planning st ructure established pursuant to 27 .3 . 45 27.6 An agreement pursuant to 27 .3 to establish a common administ rat ive and planning st ructure may include provisions respect ing: 27 .6 .1 the detailed pow ers and responsibilit ies of the common administ rat ive and planning st ructure; 27 .6 .2 the exact manner by w hich the common administ rat ive and planning st ructure shall be created; 27 .6 .3 a process to ensure that the common administ rat ive and planning st ructure is accountable to all residents of the Tradit ional Territory or to all residents in any agreed upon port ion of the Tradit ional Territory; 27 .6 .4 the manner in w hich the representat ives to a common administ rat ive and planning st ructure shall be selected or elected; 27 .6 .5 a detailed implementat ion plan; 27 .6 .6 f inancial and cost -sharing arrangements; and 27.6 .7 such other mat ters as the Teslin Tlingit Council and Government may agree. 28.0 TESLIN COM M UNITY LANDS 28.1 In respect of the Set t lement Land described in Part 1 of Appendix B, t he Teslin Tlingit Council shall not exercise its pow ers to enact law s in relat ion to the mat ters described in Part 2 of Appendix B, unless otherw ise agreed by the Teslin Tlingit Council and Government or the Village of Teslin, w hichever has responsibilit y for the mat ter in quest ion. 28 .2 In respect of t he Set t lement Land described in Part 1 of Appendix B, any use by the Teslin Tlingit Council of that Set t lement Land or of a building or st ructure thereon, exist ing at the Ef fect ive Date that does not conform to the Of f icial 46 Community Plan of the Village of Teslin or to a by law of the Village of Teslin may be cont inued. 28 .3 In respect of the Set t lement Land described in Part 1 of Appendix B, any bylaw enacted by the Village of Teslin af ter the Ef fect ive Date and any amendment to the Of f icial Community Plan of the V illage of Teslin af ter the Ef fect ive Date shall t ake into account any exist ing use by the Teslin Tlingit Council of t hat Set t lement Land or a building or st ructure thereon as w ell as the culture, ident it y and values of the Teslin Tlingit . 28 .4 In respect of the Set t lement Land described in Appendix C, the Teslin Tlingit Council shall not exercise it s pow ers to enact law s pursuant to 13 .3 or 14 .1 .1 , unless otherw ise agreed by the Teslin Tlingit Council and, Government or the City of W hitehorse, w hichever has responsibilit y for the mat ter in quest ion. 29.0 TESLIN TLINGIT COUNCIL RETAINED RESERVES 29.1 In 29 .0 " Teslin Lands" means the lands in the Indian Act , R.S.C. 1985 , c. I-5 reserves described as Teslin Post Indian Reserve No.13 , Nisut lin Indian Reserve No.14 and Nisut lin Bay Indian Reserve No.15 . 29 .2 On the Ef fect ive Date, t it le to the Teslin Lands shall be vested in the Teslin Tlingit Council for the use and benef it of it s Cit izens. 29 .3 Teslin Tlingit Council' s t it le to the Teslin Lands shall be the same as if the Teslin Lands w ere Category A Set t lement Land w ithin the meaning of the Final Agreement . 29 .4 On the Ef fect ive Date, t he Teslin Tlingit Council' s t it le to the Teslin Lands shall cont inue to be subject to any law ful rights or interests of third part ies t o w hich the Teslin Lands are subject immediately prior to the Ef fect ive Date, and in 47 respect of Teslin Post Indian Reserve No. 13 only, shall be subject to the follow ing: 29 .4 .1 Order in council 1990-7 \1654 , Annex A , being a set t lement agreement betw een the Teslin Indian Band and members of the Teslin Indian Band and Canada, and at tached schedules, executed on September 28 , 1990 ; 29 .4 .2 Order in council 1983-667 , in respect of the use of the lands described therein as a school site; 29 .4 .3 A irport Zoning Cont rols, as def ined in Appendix A Set t lement Land Descript ions, to the Final Agreement , shall apply in respect of the Teslin Aerodrome; 29 .4 .4 the abilit y of the Yukon and the Teslin Tlingit Council to enter into negot iat ions w ith a v iew to concluding, as soon as pract icable, and in any case, prior to the Yukon f inalizing plans for the capital upgrading of the Teslin Sew age Treatment Facilit y , an agreement as to the terms and condit ions of any easement w hich may be established in favour of the Yukon allow ing for the const ruct ion, operat ion and maintenance of a sew age force main; and 29.4 .5 that the negot iat ions referred to in 29 .4 .4 shall take into account w hether the route for the sew age force main proposed by the Yukon is the route least harmful to the interests of the Teslin Tlingit Council w hile being reasonably suitable for the interests of the Yukon and the Village of Teslin. 29 .5 Subject to 29 .4 , on the Ef fect ive Date, all rights and interests in the Teslin Lands of Canada and of the Indian Act , R.S.C. 1985 , c. I-5 , Teslin Tlingit Council Indian Band shall cease to exist . 29 .6 Canada shall be held harmless by the Teslin Tlingit Council for t he vest ing of the Teslin Lands in the Teslin Tlingit Council in accordance w ith 29 .0 . 48 29.7 The Indian A ct , R.S.C. 1985 , c. I-5 shall cease to apply to the Teslin Lands and this Agreement shall apply to the Teslin Lands as if they w ere Set t lement Land. 29 .8 The Final Agreement shall apply to the Teslin Lands as if they w ere Category A Set t lement Land w ithin the meaning of the Final Agreement . 29 .9 The Teslin Lands shall cont inue to be lands reserved for the Indians w ithin the meaning of Class 24 of Sect ion 91 of the Const itut ion Act , 1867 . 29 .10 Subject to 29 .4 , the Teslin Tlingit Council shall have full pow er to dispose of the Teslin Lands and any rights or interests therein, but shall not do so except in accordance w ith the procedure established in the Const itut ion. 29 .11 Canada shall be held harmless by the Teslin Tlingit Council for the management by the Teslin Tlingit Council of t he Teslin Lands af ter the Ef fect ive Date. 29 .12 The vest ing of the Teslin Lands and all other mat ters agreed to in 29 .0 shall be provided for in Self -Government Legislat ion and shall take ef fect by virtue of Self -Government Legislat ion and not by v irtue of the Indian Act , R.S.C. 1985 , c. I-5 . For greater certainty, Self -Government Legislat ion shall provide that the prov isions of the Indian Act , R.S.C. 1985 , c. I-5 , respect ing the surrender and conveyance of lands in a " reserve" are inapplicable to the Teslin Lands. 29 .13 The authorizat ion form provided for in the rat if icat ion process under 4 .1 .3 shall expressly state t hat rat if icat ion of this Agreement by the Teslin Tlingit Council signif ies approval of the vest ing of the Teslin Lands in the Teslin Tlingit Council and authorizes Canada to take necessary measures to ef fect the change in the status of the Teslin Lands. 29 .14 Self -Government Legislat ion shall provide that Canada is authorized to take necessary measures to ef fect the change in the status of the Teslin Lands. 49 29.15 If the M inister of Indian A f fairs and Northern Development recommends to the Governor in Council that lands be set apart for the use and benef it of the Teslin Tlingit Council pursuant to 4 .3 .6 .1 of the Final Agreement , the Part ies to this Agreement shall enter into negot iat ions to establish a regime for the ow nership, management and administ rat ion of those lands w hich shall be set out in Self -Government Legislat ion. 50 29.15 .1 The Governor in Council shall not set apart lands for the use and benef it of the Teslin Tlingit Council pursuant to 4 .3 .6 .1 of the Final Agreement unt il the regime referred to in 29 .15 is given ef fect in the Self Government Legislat ion referred to in 29 .15 . 51 52 APPENDIX A SELECTION LEGAL DESCRIPTION C-3B Unsurveyed; C-8B Lot 9 , Group 805 , Plan 41764 CLSR, 20286 LTO; Lot 2 , Group 805 , Plan 43481 CLSR, 2 3 0 4 8 L T O p l u s a n unsurveyed parcel; C-11B Unsurveyed; C-25B Unsurveyed; C-27B/D Lot 2 , Block 29 , Tow nsite of Teslin, Plan 65434 CLSR, 60807 LTO; C-28B/D Lots 4 and 5 , Block 8 , Tow nsite of Teslin, Plan 41709 CLSR, 20198 LTO; C-29B/D Lot 1 , 3 and 4 , Block 27 , Tow nsite of Teslin, Plan 63655 CLSR, 51079 LTO; C-30B/D Lot 6 , Group 805 , Tow nsite of Teslin, Plan 42288 CLSR, 20956 LTO; C-31FS/D Lot 2 , Block 6 , Tow nsite of Teslin, Plan 41709 CLSR, 20198 LTO; C-40B/D Lot 1 , Block 24 , Plan 63655 CLSR, 51709 LTO; C-41B/D Lot 1 , Block 31 , Plan 65434 CLSR, 60807 ; 53 C-42B/D Lot 3 , Block 31 , Plan 65434 CLSR, 60807 LTO; C-43B/D Lot 5 , Block 31 , Plan 65434 CLSR, 60807 LTO; C-44B/D Lot 7 , Block 31 , Plan 65434 CLSR, 60807 LTO; C-45B/D Lot 4 , Block 29 , Plan 65434 CLSR, 60807 LTO; C-46B/D Lot 6 , Block 29 , Plan 65434 CLSR, 60807 LTO; C-47B/D Lot 8 , Block 29 , Plan 65434 CLSR, 60807 LTO. 54 APPENDIX B PART I SELECTION LEGAL DESCRIPTION C-27B/D Lot 2 , Block 29 , Tow nsite of Teslin, Plan 65434 CLSR, 60807 LTO; C-29B/D Lots 1 , 3 and 4 , Block 27 , Tow nsite of Teslin, Plan, 63655 CLSR, 51079 LTO; C-40B/D Lot 1 , Block 24 , Plan 63655, CLSR 51079 LTO; C-41B/D Lot 1 , Block 31 , Plan 65434 CLSR, 60807 LTO; C-42B/D Lot 3 , Block 31 , Plan 65434 CLSR, 60807 LTO; C-43B/D Lot 5 , Block 31 , Plan 65434 CLSR, 60807 LTO; C-44B/D Lot 7 , Block 31 , Plan 65434 CLSR, 60807 LTO; C-45B/D Lot 4 , Block 29 , Plan 65434 CLSR, 60807 LTO; C-46B/D Lot 6 , Block 29 , Plan 65434 CLSR, 60807 LTO; C-47B/D Lot 8 , Block 29 , Plan 65434 CLSR, 60807 LTO. 55 56 APPENDIX B PART 2 The Teslin Tlingit Council pow ers referred to in 28 .1 are those pow ers enumerated in: 13 .3 .5 ; 13 .3 .8 ; 13 .3 .9 ; 13 .3 .10 ; 13 .3 .11 ; 13 .3 .16 ; 13 .3 .17 , unless otherw ise provided in any agreement concluded pursuant to 13 .6 .1 and 13 .6 .2 ; 13 .3 .18 ; 13 .3 .19 ; 13 .3 .20 ; and 13 .3 .21 . 57 58 APPENDIX C SELECTION LEGAL DESCRIPTION C-38FS/D Lot 11 , Block 278 , Riverdale Subdiv ision, Plan 6 2 6 1 5 CLSR, 48405 LTO; C-39FS/D Lot 2 3 , Deep Creek Subdivision, Quad IO5 E/3 , Plan 42265 CLSR, 20941 LTO. 59 60 SCHEDULE A RATIFICATION OF THE TESLIN TLINGIT COUNCIL SELF-GOVERNM ENT AGREEM ENT 1.0 DEFINITIONS 1.1 In this schedule, the follow ing def init ions shall apply: " Band" has the same meaning as in the Indian Act , R.S.C. 1985 , c. I-5 ; " Clan" and " Clan Representat ive" have the same meanings as in the Const itut ion; " Eligible Clan M embers" means all persons w ho are on the Of f icial Enrollment List on the date determined by the Execut ive pursuant to 5 .1 and w ho w ill, as of the date so determined by the Execut ive, be at least 16 years of age; " Of f icial Enrollment List " means the Of f icial Enrollment List for the Teslin Tlingit Council prepared by the Enrollment Commission pursuant to Chapter 3 of the Final Agreement ; " Rat if icat ion Commit tee" means the Rat if icat ion Commit tee established pursuant to 3 .0 of Schedule A to Chapter 2 of t he Final Agreement ; " Registered" has the same meaning as in the Indian A ct , R.S.C. 1985 , c. I-5 . " Reserve" has the same meaning as in sect ion 2 (1 ) of t he Indian Act , R.S.C. 1985 , c. I-5 . 2.0 GENERAL 2.1 Rat if icat ion of this Agreement by the Teslin Tlingit Council, in accordance w ith this schedule, shall be considered rat if icat ion by all persons eligible to be Cit izens. 61 2.2 This Agreement shall be rat if ied by the Teslin Tlingit Council before being considered for rat if icat ion by Canada and the Yukon. 2 .3 A f ter the Teslin Tlingit Council and the Rat if icat ion Commit tee carry out their responsibilit ies under this schedule, and if the results const itute rat if icat ion of this Agreement by the Teslin Tlingit Council, this Agreement shall, w ithin three months of it s rat if icat ion by the Teslin Tlingit Council or as soon as pract icable thereaf ter, be considered by Government for rat if icat ion. 2 .4 The Execut ive, Council and Clan Representat ives shall carry out their act iv it ies under this schedule in accordance w ith the Const itut ion. 3.0 RATIFICATION COM M ITTEE 3.1 The Rat if icat ion Commit tee shall carry out the responsibilit ies set out for it in this schedule. 3 .2 The Rat if icat ion Commit tee shall be an independent body and act at arms-length f rom the part ies to this A greement and its members shall not be delegates of the party appoint ing them. 4.0 RATIFICATION BUDGETS 4.1 The Teslin Tlingit Council shall prepare a budget for carry ing out it s responsibilit ies, and the responsibilit ies of the Rat if icat ion Commit tee, in this process, subject to review and approval by Canada. The approved expenses of the Teslin Tlingit Council and the Rat if icat ion Commit tee shall be a charge on Canada. 5.0 INITIATION OF THE RATIFICATION PROCESS 5.1 The Execut ive shall determine the date on w hich the Rat if icat ion Commit tee is to commence carry ing out it s responsibilit ies under 7 .2 , w hich date shall be the same date determined by the Execut ive for the Rat if icat ion Commit tee to commence carry ing out it s responsibilit ies under 7 .2 of Schedule A to Chapter 2 of the Final Agreement . 62 5.2 The Execut ive shall advise the Rat if icat ion Commit tee forthw ith of the date determined by it under 5 .1 . 6.0 ELIGIBLE CLAN M EM BERS LIST 6.1 The list of Eligible Clan M embers prepared by the Rat if icat ion Commit tee pursuant to 6 .1 of Schedule A to Chapter 2 of t he Final Agreement shall const itute the list of Eligible Clan M embers for the purpose of the rat if icat ion process set out in this schedule. 6 .2 The Rat if icat ion Commit tee shall prepare a list of Registered Indians of the Teslin Tlingit Council Indian Band w ho w ill be at least 16 years of age on the date determined by the Execut ive pursuant to 5 .1 . 7.0 INFORM ATION CAM PAIGN 7.1 The Teslin Tlingit Council shall prepare or have prepared, an explanat ion of this rat if icat ion process, w hich summary and explanat ion shall be subject t o t he review and approval of the Rat if icat ion Commit tee. 7 .2 As soon as pract icable af ter the date determined under 5 .1 , the Rat if icat ion Commit tee, w ith the assistance of the Clan Representat ives, shall provide each Eligible Clan M ember w ith a copy of this Agreement , the explanat ion referred to in 7 .1 and such other informat ion as it considers necessary. 7 .3 Without limit ing the measures the Rat if icat ion Commit tee may take, mailing the Agreement and the explanat ion referred to in 7 .2 to an Eligible Clan M ember' s last know n address shall be suf f icient to comply w ith the provisions of 7 .2 . 7 .4 As soon as pract icable af ter the date determined under 5 .1 , the Clan Representat ives of each Clan, w ith the assistance of the Rat if icat ion Commit tee, shall conduct an informat ion campaign w hich provides the Eligible Clan M embers of their Clan w ith a reasonable opportunity to review the substance and details of this Agreement . 63 7.5 Without limit ing the measures the Clan Representat ives may take in conduct ing the informat ion campaign under 7 .4 , the Clan Representat ives shall: 7 .5 .1 make reasonable ef fort s to meet or speak direct ly w ith each Eligible Clan M ember of their Clan; and 7 .5 .2 no earlier than ten days af ter the date determined under 5 .1 , convene, on at least f ive days not ice to each Eligible Clan M ember of their Clan, a meet ing of the Eligible Clan M embers of their Clan to consider the substance and details of this Agreement . 7 .6 To the extent pract icable, Tlingit -English t ranslat ion shall be provided at the meet ing referred to in 7 .5 .2 . 8.0 AUTHORIZATION OF THE COUNCIL 8.1 The Clan Representat ives of each Clan shall, at the meet ing of the Eligible Clan M embers of their Clan referred to in 7 .5 .2 : 8 .1 .1 . provide the Eligible Clan M embers of their Clan in at tendance w ith an opportunity to authorize the Council to consider the rat if icat ion of this Agreement ; and 8 .1 .2 provide the Eligible Clan M embers of their Clan in at tendance, w ho are Registered as Indians of the Teslin Tlingit Council Indian Band, w ith an opportunity to authorize the Council to approve the vest ing, in the Teslin Tlingit Council referred to in 9 .0 of this Agreement , of all Reserves and assets set aside or held by Canada for the use and benef it of the Teslin Tlingit Council Indian Band. 8 .2 The Clan Representat ives of each Clan shall, for a period of 14 days subsequent to the meet ing of t he Eligible Clan M embers of their Clan referred to in 7 .5 .2 : 64 8.2 .1 provide the Eligible Clan M embers of their Clan w ho did not at tend that meet ing w ith an opportunity to authorize the Council to consider the rat if icat ion of this Agreement ; and 8 .2 .2 . provide the Eligible Clan M embers of their Clan, w ho are Registered as Indians of the Teslin Tlingit Council Indian Band but w ho did not at tend that meet ing, w ith an opportunity to authorize the Council to approve the vest ing in the Teslin Tlingit Council referred to in 9 .0 of this Agreement , of all Reserves and assets set aside or held by Canada for the use and benef it of the Teslin Tlingit Council Indian Band. 8 .3 The authorizat ion referred to in 8 .1 .1 , 8 .1 .2 , 8 .2 .1 , and 8 .2 .2 shall be in a form substant ially the same as Annex 1 to this schedule. 8 .4 The Teslin Tlingit Council shall retain the original of each authorizat ion and shall provide the Rat if icat ion Commit tee w ith a cert if ied copy of each authorizat ion. 8 .5 If the Rat if icat ion Commit tee determines: 8 .5 .1 that a majorit y of the Eligible Clan M embers of each Clan have, w ithin 14 days of the complet ion of the meet ing of the Eligible Clan M embers of their Clan referred to in 7 .5 .2 , provided an authorizat ion referred to in 8 .1 or 8 .2 ; and 8 .5 .2 that the majorit y referred to in 8 .5 .1 includes a majorit y of the Registered Indians of the Teslin Tlingit Council Indian Band w ho w ere at least 16 years of age on t he date determined by the Execut ive pursuant to 5 .1 , the Rat if icat ion Commit tee shall so not if y the Execut ive. 65 9.0 RATIFICATION BY THE COUNCIL 9.1 Upon receiving the not ice referred to in 8 .5 , the Execut ive shall request the Council to hold a meet ing t o consider the substance and details of this Agreement , and to decide upon rat if icat ion of this Agreement and the vest ing of t he Reserves and assets referred to in 8 .0 . 9 .2 A t least seven days prior to the meet ing of t he Council referred to in 9 .1 , t he Execut ive shall make reasonable ef forts to advise every Eligible Clan M ember: 9 .2 .1 of the date, t ime and place of t he meet ing referred to in 9 .1 ; 9 .2 .2 of the Eligible Clan M ember' s right to at tend and speak in the meet ing; and 9 .2 .3 that the purpose of the meet ing of the Council makes it an especially signif icant forum in w hich Eligible Clan M embers may raise quest ions and concerns respect ing this Agreement . 9 .3 The Council shall be considered to have rat if ied this Agreement and to have assented to the vest ing of all Reserves and assets set aside or held by Canada for the use and benef it of t he Teslin Tlingit Council Indian Band, if , at the meet ing referred to in 9 .1 , every member of the Council present agrees that this A greement be rat if ied and that the Reserves and assets be vested in the Teslin Tlingit Council referred to in 9 .0 of this Agreement , provided at least 20 Clan Representat ives, made up of at least three Clan Representat ives f rom each Clan, are present . 9 .4 The Execut ive shall publish in Teslin and Whitehorse the results of the meet ing referred to in 9 .1 . 9 .5 If the results of the meet ing referred to in 9 .1 const itute rat if icat ion of this Agreement , the Execut ive shall provide Government w ith a cert if ied copy of a resolut ion stat ing that : 66 9.5 .1 this Agreement has been rat if ied in accordance w ith this schedule; 9 .5 .2 the vest ing of all Reserves and assets set aside or held by Canada for the use and benef it of the Teslin Tlingit Council Indian Band in the Teslin Tlingit Council referred to in 9 .0 of t his Agreement has been approved in accordance w ith this schedule; and 9 .5 .3 the Teslin Tlingit Council authorizes Canada to take necessary measures to ef fect the change in the status of all Reserves, and Government shall be ent it led to rely on that resolut ion as conclusive evidence of compliance w ith 9 .3 . 10.0 REPORT BY RATIFICATION COM M ITTEE 10.1 The Rat if icat ion Commit tee shall keep detailed records of it s act iv it ies w hich shall include a copy of all informat ion provided by the Rat if icat ion Commit tee to Eligible Clan M embers, including how and w hen that informat ion w as provided. 10 .2 The Rat if icat ion Commit tee shall prepare and submit to the part ies to this Agreement , w ithin t w o w eeks of publicat ion by the Execut ive, pursuant to 9 .4 .1 , of the results of t he meet ing referred to in 9 .1 , a detailed report on the carry ing out of it s responsibilit ies under this process, including: 10 .2 .1 a tabulat ion of t he number of Eligible Clan M embers, by Clan; 10 .2 .2 the number of authorizat ions provided under 8 .1 .1 and 8 .2 .1 , by Clan; 10 .2 .3 a tabulat ion of the total number of Registered Indians of the Teslin Tlingit Council Indian Band w ho w ere at least 16 years of age on the date determined by the Execut ive pursuant to 5 .1 ; 67 10.2 .4 the number of authorizat ions provided under 8 .1 .1 and 8 .2 .2 ; and 10.2 .5 copies of all it s records. 10 .3 The Rat if icat ion Commit tee shall, at the t ime it submits it s report referred to in 10 .2 , provide Canada w ith the cert if ied copies of all authorizat ions provided to the Rat if icat ion Commit tee under 8 .1 and 8 .2 . 10 .4 A f ter rat if icat ion of this A greement by the Teslin Tlingit Council but prior to submission of this Agreement for rat if icat ion by Canada, the negot iators, on behalf of Government , and the Chief , on behalf of the Teslin Tlingit Council, may agree to minor amendments to this Agreement . 11.0 SIGNING OF THE AGREEM ENT 11.1 This Agreement shall be signed by representat ives of the Teslin Tlingit Council, Canada and the Yukon as soon as pract icable af ter rat if icat ion by Government . 68 ANNEX 1 TO SCHEDULE A TESLIN TLINGIT COUNCIL FINAL AGREEM ENT AND SELF-GOVERNM ENT AGREEM ENT AUTHORIZATION FORM 1. I, (print or type name) of (address) am a member of t he Clan of the Teslin Tlingit Council and I am on the Of f icial Enrollment List for the Teslin Tlingit Council. I w ill be at least 16 years of age as of (insert the date determined by the Execut ive under 5 .1 for the Rat if icat ion Commit tee to commence carrying out it s responsibilit ies under 7 .2 ) LAND CLAIM S AGREEM ENT 2. I have received informat ion material f rom the Rat if icat ion Commit tee and have spoken w ith my Clan Representat ives about the Teslin Tlingit Council Final Agreement . 3 . I understand that the Teslin Tlingit Council Final Agreement , if rat if ied (approved) by the Teslin Tlingit Council, by the Legislature of the Yukon and by the Parliament of Canada w ill be a land claims agreement and w ill af fect my aboriginal rights. SELF-GOVERNM ENT AGREEM ENT 4. I have received informat ion and have spoken w ith my Clan Representat ives about the Teslin Tlingit Council Self -Government Agreement . 5 . I understand that the Teslin Tlingit Council Self -Government Agreement , if rat if ied (approved ) w ill af fect the manner in w hich I am governed. AUTHORIZATION 6. By signing this form, I authorize the Council to decide w hether: a) to rat if y (approve) the Teslin Tlingit Council Final Agreement , on my behalf and on behalf of the Teslin Tlingit Council; and 69 b) to rat if y (approve) the Teslin Tlingit Council Self -Government Agreement on my behalf and on behalf of the Teslin Tlingit Council. (signature) dated at (place) this day of ,1993 . I, (print or type name) of (address) w as present and saw (print or t ype name) sign this Authorizat ion, (signature of w itness) ONLY TO BE COM PLETED BY PERSONS WHO ARE REGISTERED AS INDIANS WITH THE TESLIN TLINGIT COUNCIL INDIAN BAND. 7. I understand that the Teslin Tlingit Council Self -Government Agreement , if rat if ied (approved), w ill signify approval of : a) the vest ing of all Reserves set aside or held by Canada for the use and benef it of the Teslin Tlingit Council Indian Band in the Teslin Tlingit Council referred to in 9 .0 of the Teslin Tlingit Council Self Government Agreement ; and b) the t ransfer of all assets set aside or held by Canada for the use and benef it of the Teslin Tlingit Council Indian Band to the Teslin Tlingit Council referred to in 9 .0 of the Teslin Tlingit Council Self Government Agreement , and authorizes Canada to take necessary measures to ef fect the change in the status of all Reserves. 70 8. By signing this form, I authorize the Council to decide w hether to: a) assent to the vest ing of all Reserves set aside or held by Canada for the use and benef it of the Teslin Tlingit Council Indian Band in the Teslin Tlingit Council referred to in 9 .0 of the Teslin Tlingit Council Self -Government Agreement ; b) assent to the t ransfer of all assets set aside or held by Canada for the use and benef it of the Teslin Tlingit Council Indian Band to the Teslin Tlingit Council referred to in 9 .0 of the Teslin Tlingit Council Self -Government Agreement ; and c) authorize Canada to take necessary measures to ef fect the change in the status of all Reserves. (signature) dated at (place) this day of , 1993 . I, (print or type name) of (address) w as present and saw (print or t ype name) sign this Authorizat ion, (signature of w itness)