Amendments to the Carcross/Tagish First Nation Self-Government Agreement
Amended - P.C. 2021-601 - June 17, 2021
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The Carcross/Tagish First Nation Self-Government Agreement is amended as follows:
1. Section 13.5.3 is replaced by the following:
13.5.3 Except as provided in 13.5.3.1 to 13.5.3.6, 14.0 and 28.0, a Yukon Law of General Application shall be inoperative to the extent that it provides for any matter for which provision is made in a law enacted by Carcross/Tagish First Nation.
2. The following sections are added immediately after 13.5.3:
13.5.3.1 For the purpose of 13.5.3 and 13.5.4, "Land Titles Office" means the Land Titles Office for the Yukon Land Registration District or its successor.
13.5.3.2 Subject to 13.5.3.6, the Land Titles Act, 2015 (Yukon) applies to a Parcel of Settlement Land or interest in a Parcel of Settlement Land that is registered in the Land Titles Office.
13.5.3.3 For greater certainty, a Carcross/Tagish First Nation law shall be inoperative with respect to any Parcel of Settlement Land or interest in a Parcel of Settlement Land that is registered in the Land Titles Office to the extent that it provides for any matter for which provision is made in the Land Titles Act, 2015 (Yukon).
13.5.3.4 Where the Yukon intends to enact a Yukon Law of General Application that would have the effect of amending the Land Titles Act, 2015 (Yukon) such that there may be a reasonably foreseeable impact on the Carcross/Tagish First Nation's title or interest in a Parcel of Settlement Land registered in the Land Titles Office, the Yukon shall Consult with the Carcross/Tagish First Nation before introducing the Legislation in the Legislative Assembly.
13.5.3.5 An amendment to the Land Titles Act, 2015 (Yukon) is inoperative to the extent that it requires, causes, or authorizes a sale, transfer or order for sale of a title or interest held by the Carcross/Tagish First Nation in a Parcel of Settlement Land that was registered in the Land Titles Office prior to coming into force of the amendment, unless Carcross/Tagish First Nation consents to the sale, or transfer, in a mortgage or other instrument registered in the Land Titles Office.
13.5.3.6 If the Carcross/Tagish First Nation, in accordance with 5.13.1 or 5.13.2 of the Final Agreement, deregisters a Parcel of Settlement Land that is registered in the Land Titles Office, the Land Titles Act, 2015 (Yukon) shall cease to apply to that Parcel.
3. Section 13.5.4 is replaced by the following:
13.5.4 Where the Yukon reasonably foresees that a Yukon Law of General Application which it intends to enact may have an impact:
13.5.4.1 on a law enacted by Carcross/Tagish First Nation; or
13.5.4.2 on rights or interests in Settlement Land registered in the Land Titles Office, the Yukon shall Consult with Carcross/Tagish First Nation before introducing the Legislation in the Legislative Assembly.
Amended - P.C. 2022-1150 - October 20, 2022
Section 15.0 of the Carcross/Tagish First Nation Self-Government Agreement is amended as follows:
1. The phrase "within Settlement Land" is deleted in 15.7.1.
2. 15.8, 15.8.1 and 15.8.2 are replaced with the following:
15.8 A refund of tax under 15.7 will not be paid to a claimant referred to in that clause unless, at the time at which the tax is paid, the claimant does not engage in any business or other activity for profit or gain, other than a business or an activity, the primary purpose of which is to provide goods or services to the Carcross/Tagish First Nation, Citizens, individuals resident on Settlement Land, corporations wholly owned by the Carcross/Tagish First Nation or by Citizens, or such other businesses or activities as the Parties may from time to time agree.
3. The following sections are added immediately after 15.12:
15.13 Commencing for the taxation year in which 15.13 comes into effect, and for subsequent taxation years, an amount received from a registered pension plan, or from a registered retirement savings plan or registered retirement income fund as these terms are defined by the Income Tax Act (Canada) to which amounts were transferred from a registered pension plan in accordance with the Income Tax Act (Canada), by a Citizen who is an Indian as defined by the Indian Act (Canada), shall be exempt from income tax under the Income Tax Act (Canada), to the extent that the amount is attributable to employment income to which one of the following conditions applies:
15.13.1 it was exempt from tax under section 87 of the Indian Act (Canada) or under any similar provision of any other Act of Parliament; or
15.13.2 it was income for which income tax was remitted under a regulatory instrument which provided tax treatment comparable to that provided under section 87 of the Indian Act (Canada).
15.14 Income exempt from income tax because of 15.13 will be administered by Canada on the same basis as if it were exempt from income tax because of section 87 of the Indian Act (Canada).
Replaced - P.C. 2023-0271 - March 27, 2023
Section 17.2 of the Carcross/Tagish First Nation Self-Government Agreement is replaced by the following:
17.2 The Carcross/Tagish First Nation shall notify Government by March 31st of each year of its priorities for negotiations pursuant to 17.1, 17.7 and 17.9 for the fiscal year beginning April 1st of that year. Within 60 days of receipt of such notification, the Parties shall prepare a workplan to address the Carcross/Tagish First Nation priorities for negotiation. The workplan shall identify timelines and resources available for negotiations.
Section 17.0 of the Carcross/Tagish First Nation Self-Government Agreement is amended by adding the following after 17.6:
17.7 In relation to education, upon the request of the Carcross/Tagish First Nation, the Carcross/Tagish First Nation and the Yukon shall during the term of a self-government financial transfer agreement, negotiate the division and sharing of responsibility for the design, delivery and administration of programs delivered within the Traditional Territory, including programs relating to:
17.7.1 student counseling;
17.7.2 cross cultural teacher/administrator orientation;
17.7.3 composition of teaching staff;
17.7.4 early childhood, special, and adult education curriculum;
17.7.5 kindergarten through grade 12 curriculum; or
17.7.6 the evaluation of teachers, administrators and other employees.
17.8 The negotiation of the division and sharing of responsibility for the design, delivery, and administration of programs related to education pursuant to 17.7 does not affect the ability of the Carcross/Tagish First Nation to negotiate an agreement pursuant to 17.1 in relation to education.
17.9 The Carcross/Tagish First Nation and the Yukon shall negotiate guaranteed representation for the Carcross/Tagish First Nation upon any school committees, school councils or school boards which are involved in the design, delivery or administration of education in the Traditional Territory.
17.10 Unless otherwise agreed, if the Carcross/Tagish First Nation and the Yukon conclude an agreement pursuant to 17.1 in relation to education, then 17.7 and 17.9, and any agreements concluded pursuant to those sections, shall no longer be of any force or effect.