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3rd Session, 40th Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 48

THE SIOUX VALLEY DAKOTA NATION GOVERNANCE ACT


Table of Contents Bilingual version (PDF) Explanatory Note

(Assented to                                         )

WHEREAS on August 30, 2013, Sioux Valley Dakota Nation and Her Majesty the Queen in right of Canada entered into the Sioux Valley Dakota Nation Governance Agreement;

AND WHEREAS on August 30, 2013, Sioux Valley Dakota Nation, Her Majesty the Queen in right of Canada and Her Majesty the Queen in right of Manitoba entered into the Tripartite Governance Agreement and in that agreement Her Majesty the Queen in right of Manitoba recognizes and concurs with the Sioux Valley Dakota Nation Governance Agreement;

AND WHEREAS the Sioux Valley Dakota Nation Governance Agreement and the Tripartite Governance Agreement set out arrangements for self-government for Sioux Valley Dakota Nation and provide for a government-to-government relationship among Sioux Valley Dakota Nation, the Government of Canada and the Government of Manitoba;

AND WHEREAS, under the Tripartite Governance Agreement, the Government of Manitoba is to recommend to the Legislative Assembly of Manitoba the legislation necessary to give legal effect to the Sioux Valley Dakota Nation Governance Agreement;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1           The following definitions apply in this Act.

"Sioux Valley Dakota Nation Governance Agreement" means the Governance Agreement signed on behalf of Sioux Valley Dakota Nation and Her Majesty the Queen in right of Canada on August 30, 2013, and includes any amendments made to it from time to time in accordance with its provisions. (« Accord sur la gouvernance de la nation dakota de Sioux Valley »)

"Sioux Valley Dakota Nation Law" has the same meaning as in the Sioux Valley Dakota Nation Governance Agreement. (« loi de la nation dakota de Sioux Valley »)

"Sioux Valley Dakota Oyate Government" has the same meaning as in the Sioux Valley Dakota Nation Governance Agreement. (« gouvernement de l'oyate dakota de Sioux Valley »)

"Tripartite Governance Agreement" means the Tripartite Governance Agreement signed on behalf of Sioux Valley Dakota Nation, Her Majesty the Queen in right of Canada and Her Majesty the Queen in right of Manitoba on August 30, 2013, and includes any amendments made to it from time to time in accordance with its provisions. (« Accord tripartite sur la gouvernance »)

Sioux Valley Dakota Nation Governance Agreement

2(1)        The Sioux Valley Dakota Nation Governance Agreement is approved, given effect and declared valid and has the force of law.

Interpretation

2(2)        Provincial laws shall be interpreted in a manner consistent with the Sioux Valley Dakota Nation Governance Agreement in matters relating to its application.

Conflict with Act

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

Capacity

4(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

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

(b) other rights of Sioux Valley Dakota Nation; or

(c) the rights of Sioux Valley Dakota Nation citizens.

Power and authority

4(2)        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.

Rights and obligations

4(3)        On the coming into effect of the Sioux Valley Dakota Nation Governance Agreement, all rights, interests, assets and obligations of Sioux Valley Dakota Nation as a "band" within the meaning of the Indian Act (Canada) vest in Sioux Valley Dakota Nation.

Sioux Valley Dakota Nation Laws have force of law

5(1)        Sioux Valley Dakota Nation Laws that are made in accordance with the Sioux Valley Dakota Nation Governance Agreement have the force of law.

Power, rights, privileges, benefits, duties and liabilities

5(2)        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.

Inconsistency

5(3)        In the event of any inconsistency between a Sioux Valley Dakota Nation Law and a provincial law, the provisions of the Sioux Valley Dakota Nation Governance Agreement relating to that inconsistency apply.

Sioux Valley Dakota Nation Laws are not regulations

6           To avoid doubt, Sioux Valley Dakota Nation Laws are not regulations within the meaning of The Regulations Act.

Judicial notice of agreements

7(1)        Judicial notice must be taken of the Sioux Valley Dakota Nation Governance Agreement and the Tripartite Governance Agreement.

Evidence of agreements

7(2)        A copy of the Sioux Valley Dakota Nation Governance Agreement or the Tripartite Governance Agreement published by the Queen's Printer for Canada is evidence of that agreement and of its contents and a copy purporting to be published by the Queen's Printer for Canada is, unless the contrary is shown, proof that it was so published.

Judicial notice of Sioux Valley Dakota Nation Laws

8(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 Sioux Valley Dakota Nation Governance Agreement.

Evidence of Sioux Valley Dakota Nation Laws

8(2)        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 Sioux Valley Dakota Nation Governance Agreement is evidence of that law and of its contents, unless the contrary is shown.

Judicial or administrative proceedings

9(1)        If an issue arises in any judicial or administrative proceeding in respect of the interpretation or validity of the Sioux Valley Dakota Nation Governance Agreement or the Tripartite Governance Agreement or in respect of the validity or applicability of this Act, the Sioux Valley Dakota Nation Governance Act (Canada) and any amendments to that Act made from time to time, 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).

Notice of issue arising

9(2)        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

(a) the proceeding in which the issue arises;

(b) the issue;

(c) the material facts giving rise to the issue;

(d) the legal basis of the issue; and

(e) the date on which the issue is to be argued.

Right to participate in the proceedings

9(3)        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.

Oral hearing not required

9(4)        For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required.

Reference in enactments to "band"

10(1)       A reference in any enactment to a "band" within the meaning of the Indian Act (Canada) includes a reference to Sioux Valley Dakota Nation unless it is apparent from the context that the reference is not intended to include Sioux Valley Dakota Nation.

Reference in enactments to "council" of a band

10(2)       A reference in any enactment to the "council" of a band within the meaning of the Indian Act (Canada) includes a reference to Sioux Valley Dakota Oyate Government as constituted in accordance with Sioux Valley Dakota Nation Laws unless it is apparent from the context that the reference is not intended to include Sioux Valley Dakota Oyate Government.

Reference in enactments to "member" of a band

10(3)       A reference in any enactment to a "member" of a band within the meaning of the Indian Act (Canada) includes a reference to an individual who is a citizen of Sioux Valley Dakota Nation in accordance with Sioux Valley Dakota Nation Laws unless it is apparent from the context that the reference is not intended to include a citizen of Sioux Valley Dakota Nation.

Conditional amendment

11          On the later of the coming into force of this Act or The Statutes and Regulations Act, section 6 is replaced with the following:

Sioux Valley Dakota Nation Laws are not regulations

6           To avoid doubt, Sioux Valley Dakota Nation Laws are not regulations within the meaning of The Statutes and Regulations Act.

C.C.S.M. reference

12          This Act may be referred to as chapter S135 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

13          This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

A Governance Agreement has been entered into by the Government of Canada and Sioux Valley Dakota Nation. A Tripartite Governance Agreement has been entered into between the Governments of Canada and Manitoba and Sioux Valley Dakota Nation. These agreements set out arrangements for self-government for Sioux Valley Dakota Nation and a government-to-government relationship among Sioux Valley Dakota Nation, Canada and Manitoba. This Bill recognizes and confirms the legal effect of those agreements, the laws made by Sioux Valley Dakota Nation under them, and the legal capacity of Sioux Valley Dakota Nation.