The present Agreement among the Kluane First Nation and Her Majesty the Queen in Right of Canada and the Government of the Yukon establishes the framework of a modern First Nation Government. In particular, the Agreement provides for the power to enact laws of a local or private nature on settlement land and for many aspects of the citizens' lives (marriage, adoption, education, administration of estates, etc.). For the purpose of the present Agreement "Non-Settlement Land" means all land and water in the Yukon other than Settlement Land; "Settlement Land" means those lands identified in the Final Agreement as “Settlement Land for the Kluane First Nation”.Section 9.2 establishes that the Kluane First Nation is a legal entity and has the capacity, rights, powers and privileges of a natural person and, without restricting the generality of the foregoing, may, inter alia, enter into contracts or agreements; acquire and hold property, sell or otherwise dispose of property; raise, invest, expend and borrow money; sue or be sued; form corporations or other legal entities; and do such other things as may be conducive to the exercise of its rights, powers and privileges.Under section 13 Legislative Powers, sub-section 13.3 rules that the Kluane First Nation shall have the power to enact laws of a local or private nature on Settlement Land in relation to, inter alia,: 1) use, management, administration, control and protection of Settlement Land; 2) allocation or disposition of rights and interests in and to Settlement Land, including expropriation by the First Nation; 3) use, management, administration and protection of natural resources under the ownership, control or jurisdiction of the First Nation; 4) gathering, hunting, trapping or fishing and the protection of fish, wildlife and habitat; 5) planning, zoning and land development.Section 25 on Compatible Land Use establishes that First Nation and the Yukon or a municipality within the Traditional Territory, may establish a joint planning structure to: 1) develop or recommend amendments to a territorial, municipal or First Nation community or area development land use plan; or, 2) carry out other activities to promote compatible land use. The text consists of 29 sections divided into 4 Parts as follows: General (I); Kluane First Nation (II); Kluane First Nation Legislation (III); Kluane First Nation Programs and Services (IV). Three Annexes are enclosed.
Implemented by: Kluane First Nation Self-Government Agreement Implementation Plan. (2003-10-18)
Implements: Umbrella Final Agreement between the Government of Canada, the Council for Yukon Indians and the Government of the Yukon. (1993)
Implements: Indian Act (R.S.C. 1985, c. I-5). (2015-04-02)
Authors and Publishers
Indian and Northern Affairs Canada (INAC)
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