Yukon Devolution Transfer Agreement

Yukon Devolution Transfer Agreement

YFN with concluded land claim agreements also have separate autonomy agreements, as provided for in the Final Framework Agreement. (1) The Government of Yukon is a signatory to both agreements, both of which have been ratified by federal(2) and territorial legislation(3). To date, the protection of Article 35 has not been extended to YFN`s autonomous powers. Permits the taxation of interests and residents of settlement lands, as well as other types of direct taxation of First Nations citizens within settlement lands and, if an agreement is reached with the government, other persons (section 14). Bill C-39 marks an important development in Yukon`s legislative development and the devolution of federal responsibilities to Yukon. From the date of repeal and replacement of the Yukon Act, the Commissioner of Yukon has authority over Public lands and all rights to the waters and may, among other things, use or dispose of interests in Public lands and retain the proceeds of the use or alienation, as well as exercise rights in respect of the waters, and retain the proceeds of their exercise or sale. However, the delegation of authority does not affect existing rights or interests in Crown lands or existing rights in waters (section 2.8); That same year, Canada submitted a formal proposal to the Government of Yukon to transfer authority over lands and resources, including mines and minerals, forestry and inland waters, to the Government of Yukon. The tasks of the NAP include the development of policies and legislation relevant to political development in the North, as well as the negotiation of decentralization agreements with territorial governments. The development role of the NAP covers in particular policies and legislation relating to the management of water, minerals and other resources, as well as legislation implementing the resource management provisions of land claims in the North. The NAP is also responsible for the political and operational aspects of offshore oil and gas management in the North, as well as the development of policies and programs on environmental and conservation issues in the North (remediation of hazardous landfills, climate change, etc.). (6) In a CYFN resolution of 4.

In October 2001, each member`s conditional support for decentralization was noted “subject to the ratification of its final and outstanding self-government agreements”. Canada reserves the right to deprive the Commissioner of land administration if he or she considers that such action is necessary “in the national interest” – for example, for reasons of national security – for the “welfare of Indians and Inuit” or for the conclusion or implementation of a land claims agreement. In certain circumstances, Canada may also issue prohibition orders to prevent activities on lands under the Commissioner`s control or any use of water (sections 2.15, 2.17 to 2.18). Canada and Yukon have long discussed the transfer of responsibility for the territory`s natural resources. Developments related to the current decentralization initiative are as follows: In 1998, Canada, Yukon, the NYFC Chief on behalf of 11 of the 14 YFNs, and representatives of the other 3 YFNs signed the Yukon Devolution Protocol Agreement (Accord), which provided a framework for conducting devolution negotiations and simultaneously negotiating unresolved land claims. The regional and district offices of the NAP carry out day-to-day operations and operations in the above-mentioned areas. The NAP`s leading role in the implementation of resource management measures, including the granting of rights and interests, the conduct of resource assessments, inspections and enforcement actions, environmental assessments and monitoring, the issuance of regulatory approvals, and compliance with federal laws and policies related to sustainable development, is particularly interesting. In Yukon, the NAP also has authority over fire management. However, the NAP is no longer solely responsible for the development and use of resources.

He is currently involved in resource and environmental management bodies resulting from comprehensive land claims programs and the implementation of self-government agreements in the North. The main enabling provision of Bill C-39 (s. 18) empowers the LY to enact laws – rather than the current “ordinances” – on enumerated categories of subjects (art. 18). Most repeat them in the current legislation, albeit in more modern language, and relate to most of the matters for which the provinces have constitutional jurisdiction. In addition to these thematic categories, the LY`s legislative authority will extend to inland waters and deposits of waste in waters (paragraph 18(1)(n)) and to “public property” under the commissioner`s administration (section 18(1)(q)), including the disposition of water rights and property. Other additions include wildlife protection (paragraph 18(1)(m)), immigration (paragraph 18(1)(p)) and intergovernmental agreements (paragraph 18(1)(u)). In return, Yukon has committed to introducing legislation reflecting federal legislation to repeal and adopt regulations that reflect related regulations before the effective date of the transfer.

If the planned Development Assessment Act does not yet come into full force, Yukon will also introduce legislation that reflects the Canadian Environmental Assessment Act and prepares regulations that reflect the relevant regulations (Chapter 2). In 1988, the Minister and the Head of Government of Yukon signed a Memorandum of Understanding in which the parties committed to facilitate progress in the transfer of the remaining provincial responsibilities to the Government of Yukon. Tasks assigned since then include fisheries, mine safety, intraterritorial roads, hospitals and community health care, and more recently oil and gas. As a result, decentralization is the most advanced of yukon`s three territories. The negotiating mandate of the Ministry of Indian and Northern Development (DIAND) for the conclusion of the outstanding agreements expired on 31 September. March 2002. On April 1, the Minister announced that negotiations with four of the remaining six YFNs had been formally concluded through the signing of individual memoranda of understanding. The procedure for the last two groups is expected to be completed by mid-April 2002. Under their respective similar autonomous regimes, YFN may exercise legislative competence in a number of areas (Annex II). The agreements also provide, inter alia, for the continued application of all laws of general application, exceptions to such application and the resolution of conflict-of-laws rules. (4) In 1997, Yukon and the CTN signed an Agreement on the Decentralization of Federal Programs, which sets out the principles for a comprehensive devolution process. South of the 60th parallel, little reaction to the bill was noted.

During Parliament`s progress, five of the six YFNs without land claims or self-government agreements raised a number of legal and constitutional issues related to legislation, essentially concluding that decentralization should not take place until their agreements are finalized. (12) In addition to the issues raised by YFN, the Yukon Francophone Community sought assurances that its language rights would be adequately protected after decentralization. (9) The Commissioner`s administration is governed by Bill C-39 and section 37 of the Northern Pipelines Act. This act creates a plan for the construction of a gas pipeline from Alaska and northern Canada as part of a Canada-United States agreement. Agreement. Section 37 authorizes the Governor of the Council to transfer to the federal Minister of Pipelines any land under the Commissioner`s control but necessary for the pipeline. (u) The conclusion of intergovernmental agreements by the Commissioner or any other official of the Government of Yukon; These clauses, in particular Articles 45 and 48, are at the heart of the decentralisation initiative. (4) In this respect, in the event of contradictions or conflicts with other federal or territorial laws, the autonomous federal or territorial laws prevail over the autonomous federal or territorial legislation, while the final agreement [on land claims] and related comparative laws prevail over the conflicting autonomous federal or territorial laws. Using the Example of vuntut`s 1992 Gwich`insu First Nations Self-Government Agreement, the Yukon First Nations Self-Government Agreements provide for legislative authority that: The transfer or devolution of federal responsibilities to territorial governments became a federal priority in the 1980s. In 1987, the federal government`s guidelines for the transfer of federal programs to the territories provided, among other things, that all transfers should reflect territorial priorities and consultations with northern Aboriginal people.

Like the current legislation, Bill C-39 contains an explicit provision that the provisions establishing the legislative authority of the LY cannot be interpreted as conferring powers greater than those conferred on the provincial legislatures under the Constitution Act, 1867 (s. 20). Exceptionally, under this general rule, in exercising its powers to implement agreements with YFN, the LY is authorized to enact laws relating to “Indians and lands reserved for Indians”, an area of federal jurisdiction under subsection 91(24) that is beyond the reach of the provinces (s. 21). .

April 20, 2022