Sioux Valley Dakota Nation Governance Act

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Sections60

• 1Short title

  This Act may be cited as the Sioux Valley Dakota Nation Governance Act.

• 2Definition of Agreement
• 2(1)

  In this Act, Agreement means the Governance Agreement signed on behalf of Sioux Valley Dakota Nation and Her Majesty in right of Canada on August 30, 2013 and includes any amendments made to it from time to time in accordance with its provisions.

• 2(2)Definitions in Agreement

  In this Act, Initial Sioux Valley Dakota Nation Land Law, Sioux Valley Dakota Nation Lands, Sioux Valley Dakota Nation Law, Sioux Valley Dakota Oyate Government and Tripartite Governance Agreement have the same meaning as in the Agreement.

• 3Agreement given effect
• 3(1)

  The Agreement is approved, given effect and declared valid and has the force of law.

• 3(2)Third parties

  For greater certainty, the Agreement is binding on, and may be relied on by, all persons and bodies.

• 4Inconsistency with Agreement
• 4(1)

  The Agreement prevails over this Act and any other federal law to the extent of any inconsistency between them.

• 4(2)Conflict with Act

  This Act prevails over any other federal law to the extent of any conflict between them.

• 5Capacity
• 5(1)

  Sioux Valley Dakota Nation is a legal entity and, without restricting the generality of the foregoing, has the capacity, rights, powers and privileges of a natural person and the capacity to have standing in any legal proceeding involving

• 5(1)(a)

  any aboriginal or treaty rights of Sioux Valley Dakota Nation, including those rights that may be exercised by individuals;

• 5(1)(b)

  other rights of Sioux Valley Dakota Nation; or

• 5(1)(c)

  the rights of Sioux Valley Dakota Nation citizens.

• 5(2)Power and authority

  Sioux Valley Dakota Nation exercises the power and authority to make laws, carries out other government functions and otherwise exercises power or authority through Sioux Valley Dakota Oyate Government.

• 5(3)Rights, interests, assets and obligations

  On the coming into effect of the Agreement, all rights, interests, assets and obligations of Sioux Valley Dakota Nation as a band, as defined in the Indian Act, vest in Sioux Valley Dakota Nation.

• 6Force of law
• 6(1)

  Sioux Valley Dakota Nation Laws that are made in accordance with the Agreement have the force of law.

• 6(2)Inconsistency

  In the event of any inconsistency between a Sioux Valley Dakota Nation Law and a federal law, the provisions of the Agreement relating to that inconsistency apply.

• 6(3)Rights and obligations

  For greater certainty, any person or body has the powers, rights, privileges and benefits that are conferred on that person or body by a Sioux Valley Dakota Nation Law and must perform the duties, and is subject to the liabilities, that are imposed on the person or body by that law.

• 7Indian Act
• 7(1)

  The Indian Act ceases to apply to Sioux Valley Dakota Nation, to Sioux Valley Dakota Nation Lands and to persons found on those lands to the extent, in the manner and in the circumstances provided for in the Agreement.

• 7(2)By-laws

  Sioux Valley Dakota Nation Laws are not by-laws for the purposes of the Indian Act.

• 8Indian Oil and Gas Act

  On the coming into effect of a Sioux Valley Dakota Nation Law that deals with subject matters that are the same as, or similar to, those dealt with by the Indian Oil and Gas Act, that Act ceases to apply to Sioux Valley Dakota Nation, to Sioux Valley Dakota Nation Lands and to royalties from oil and gas taken from those lands.

• 9Statutory Instruments Act

  Sioux Valley Dakota Nation Laws are not statutory instruments for the purposes of the Statutory Instruments Act.

• 10Official Languages Act

  Sioux Valley Dakota Oyate Government and any entity, including a board, commission, tribunal, council or other body or office, established under a Sioux Valley Dakota Nation Law are not federal institutions as defined in subsection 3(1) of the Official Languages Act.

• 11Judicial notice of agreements
• 11(1)

  Judicial notice must be taken of the Agreement and the Tripartite Governance Agreement.

• 11(2)Publication of agreements

  The Agreement and the Tripartite Governance Agreement must be published by the Queen’s Printer.

• 11(3)Evidence

  A copy of the Agreement or the Tripartite Governance Agreement published by the Queen’s Printer is evidence of that agreement and of its contents and a copy purporting to be published by the Queen’s Printer is, unless the contrary is shown, proof that it was so published.

• 12Judicial notice of laws
• 12(1)

  Judicial notice must be taken of a Sioux Valley Dakota Nation Law that is registered in the public registry of laws maintained by Sioux Valley Dakota Nation in accordance with the Agreement.

• 12(2)Evidence

  A copy of a Sioux Valley Dakota Nation Law purporting to be registered in the public registry of laws maintained by Sioux Valley Dakota Nation in accordance with the Agreement is evidence of that law and of its contents, unless the contrary is shown.

• 13Federal Courts Act
• 13(1)

  A decision-making body established under a Sioux Valley Dakota Nation Law is not a federal board, commission or other tribunal as defined in subsection 2(1) of the Federal Courts Act.

• 13(2)Jurisdiction — Manitoba Court of Queen’s Bench

  The Manitoba Court of Queen’s Bench has jurisdiction to

• 13(2)(a)

  make orders or issue injunctions or grant declaratory relief against a decision-making body referred to in subsection (1); and

• 13(2)(b)

  undertake judicial review of the decisions of a decision-making body referred to in subsection (1).

• 14Notice of issue arising
• 14(1)

  If an issue arises in any judicial or administrative proceeding in respect of the interpretation or validity of the Agreement or the Tripartite Governance Agreement or in respect of the validity or applicability of this Act, the Manitoba legislation that gives effect to the Agreement or any Sioux Valley Dakota Nation Law, then the issue must not be decided unless the party raising the issue has served on the Attorney General of Canada, the Attorney General of Manitoba and Sioux Valley Dakota Nation notice that is in accordance with subsection (2).

• 14(2)Content and timing of notice

  The notice must be served at least 14 days before the day of argument of the issue, unless the court or tribunal authorizes a shorter period, and must identify

• 14(2)(a)

  the proceeding in which the issue arises;

• 14(2)(b)

  the issue;

• 14(2)(c)

  the material facts giving rise to the issue;

• 14(2)(d)

  the legal basis of the issue; and

• 14(2)(e)

  the date on which the issue is to be argued.

• 14(3)Participation in proceedings

  In any proceeding in respect of which subsection (1) applies, the Attorney General of Canada, the Attorney General of Manitoba and Sioux Valley Dakota Nation may appear and participate in the proceeding as parties with the same rights as any other party.

• 14(4)Clarification

  For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required.

• 15No liability

  On the coming into effect of the Initial Sioux Valley Dakota Nation Land Law, Her Majesty in right of Canada is not liable for damages under subparagraph 3(b)(ii) of the Crown Liability and Proceedings Act in respect of a breach of duty attaching to the ownership, occupation, possession or control of Sioux Valley Dakota Nation Lands.

• 16Part 16 of Agreement

  Despite subsection 3(1), Part 16 of the Agreement is deemed to have effect as of August 30, 2013.

• 17Regulations and orders
• 17(1)

  The Governor in Council may make any regulations or orders that the Governor in Council considers necessary for the purpose of carrying out the provisions of the Agreement or other agreements related to the implementation of the Agreement.

• 17(2)First Nations Fiscal Management Act

  For the purpose of enabling Sioux Valley Dakota Nation to benefit from the provisions of the First Nations Fiscal Management Act or obtain the services of any body established under that Act, the Governor in Council may make any regulations that the Governor in Council considers necessary, including regulations

• 17(2)(a)

  adapting any provision of that Act or of any regulation made under that Act; and

• 17(2)(b)

  restricting the application of any provision of that Act or of any regulation made under that Act.

• 18

  [Amendment]

• 19

  [Amendment]

• 20

  [Amendments]

• *21.Order in council

  This Act, except for section 20, comes into force on a day to be fixed by order of the Governor in Council. [Note: Act, except for section 20, in force July 1, 2014, see SI/2014-51.]