Executive Council Office

Self-Government Agreements and Law-making Powers

Self-Government Agreements

First Nation Final Agreements provide for the negotiation of Self-Government Agreements between the various First Nations and the governments of Canada and Yukon. As companion documents to the Final Agreements, the Self-Government Agreements are not treaties.

A Self-Government Agreement establishes the First Nation government as a “legal person,” and ensures that the First Nation has a Constitution which sets out its governmental structure – so the First Nation has the capacity to act and govern itself.

Upon achieving self-government, the Indian Act no longer applies.  The Indian Act band does not exist any more and the First Nation government stands in its place.

Law-making powers

Each First Nation with a Self-Government Agreement has exclusive law-making powers over its internal affairs and over the management of its citizens' Final Agreement rights.

The First Nation has the power to make citizen-based laws which apply to their citizens no matter where they live in the Yukon. Examples include child welfare, health care, language, culture and education.

The First Nation also has the authority to make laws in relation to its Settlement Land, and these laws are applicable to anyone on Settlement Land. Examples include land use and zoning, lands and natural resources such as forestry and wildlife, and business activity.

Yukon laws are displaced by First Nation Citizen and Settlement Land based laws.

Generally, Yukon laws apply until a First Nation makes a law on the same subject; the Yukon law will cease to apply to the extent a First Nation law deals with the same matter.

Taxation

A First Nation can make laws regarding property taxation on Settlement Land. A First Nation can also make laws for other direct taxes such as income or sales tax.

Some Yukon First Nations have negotiated sharing agreements with the governments of Yukon and Canada for the Goods and Services Tax (GST) and income tax.

Financing

Each First Nation receives most of their government funding through a negotiated Financial Transfer Agreement (FTA) with the Government of Canada. Negotiations take into account matters such as population, own source revenues, economies of scale, and prevailing fiscal policies.

Programs and Services

Each First Nation can negotiate, with the governments of Canada and/or the Yukon, to assume responsibility for programs and services for their people.

The First Nation can negotiate for anything within the scope of their law-making powers, whether or not the First Nation has made a law related to the matter.

 

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