task6_model_deployment/assets/C-51_4.txt

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First Session, Forty-fourth Parliament,
70-71 Elizabeth II – 1 Charles III, 2021-2022-2023
STATUTES OF CANADA 2023
CHAPTER 22
An Act to give effect to the self-government
treaty recognizing the Whitecap Dakota
Nation / Wapaha Ska Dakota Oyate and to
make consequential amendments to other
Acts
ASSENTED TO
JUNE 22, 2023
BILL C-51

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SUMMARY
This enactment gives effect to the treaty entitled “A Self-Govern-
ment Treaty Recognizing the Whitecap Dakota Nation / Wapaha
Ska Dakota Oyate” and makes consequential amendments to
other Acts.
Available on the House of Commons website at the following address:
www.ourcommons.ca
2021-2022-2023

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TABLE OF PROVISIONS
An Act to give effect to the self-government treaty
recognizing the Whitecap Dakota Nation / Wapaha
Ska Dakota Oyate and to make consequential
amendments to other Acts
Preamble
Short Title
Self-Government Treaty Recognizing the Whitecap Dako-
ta Nation / Wapaha Ska Dakota Oyate Act
1
Interpretation
Definitions
2
Status of Treaty
3
Treaty
Treaty given effect
4
Treaty prevails
5
Whitecap Dakota Nation
Capacity, rights, powers and privileges
6
Whitecap Dakota Laws
Third parties
7
Taxation
Tax Treatment Agreement
8
Clarification
9
Application of Other Acts
Indian Act
10
Statutory Instruments Act
11
General
Judicial notice — Treaty and Tax Treatment Agreement
12
Judicial notice — Whitecap Dakota law
13
Federal Courts Act
14
Notice
15
Retroactive effect
16
Orders and regulations
17
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Consequential Amendments
Access to Information Act
18
Payments in Lieu of Taxes Act
19
Privacy Act
20
First Nations Goods and Services Tax Act
22
First Nations Fiscal Management Act
24
Coming into Force
Order in council
25
2021-2022-2023
Chapter 22: Self-Government Treaty Recognizing the Whitecap Dakota Nation /
Wapaha Ska Dakota Oyate Act
TABLE OF PROVISIONS

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70-71 ELIZABETH II – 1 CHARLES III
CHAPTER 22
An Act to give effect to the self-government treaty
recognizing the Whitecap Dakota Nation / Wapaha
Ska Dakota Oyate and to make consequential amend-
ments to other Acts
[Assented to 22nd June, 2023]
Preamble
Whereas the Whitecap Dakota Nation and the Gov-
ernment of Canada recognize distinctive historical re-
lationships between certain Dakota communities and
the Crown based on, at various times, treaties or al-
liances of peace and friendship;
Whereas the Whitecap Dakota Nation is an Indige-
nous people of Canada;
Whereas the Government of Canada recognizes that
the inherent right of self-government is a right of the
Indigenous peoples of Canada recognized and af-
firmed by section 35 of the Constitution Act, 1982 and
that the Whitecap Dakota Nation has that inherent
right;
Whereas the Whitecap Dakota Nation and the Gov-
ernment of Canada are committed to achieving rec-
onciliation through a renewed nation-to-nation rela-
tionship based on respect, cooperation, partnership
and the recognition of the Whitecap Dakota Nation’s
rights;
Whereas the Whitecap Dakota Nation aspires to par-
ticipate fully in the economic, social, political and cul-
tural aspects of Canadian society in a way that pre-
serves and enhances the collective identity of White-
cap Dakota members as a self-sufficient and sustain-
able community now and into the future;
Whereas the Whitecap Dakota First Nation members
have approved the treaty entitled “A Self-Govern-
ment Treaty Recognizing the Whitecap Dakota Na-
tion / Wapaha Ska Dakota Oyate”;
Whereas the Treaty was signed on May 2, 2023 on
behalf of the Whitecap Dakota First Nation and His
Majesty in right of Canada;
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Whereas the Government of Canada is committed to
implementing the United Nations Declaration on the
Rights of Indigenous Peoples and the Whitecap Dako-
ta Nation and the Government of Canada view the
Treaty as contributing to the implementation of that
Declaration;
And whereas the Treaty requires the coming into
force of an Act of Parliament that gives effect to it;
Now therefore, His Majesty, by and with the advice
and consent of the Senate and House of Commons of
Canada, enacts as follows: 
Short Title
Short title
1 This Act may be cited as the Self-Government Treaty
Recognizing the Whitecap Dakota Nation / Wapaha Ska
Dakota Oyate Act.
Interpretation
Definitions
2 The following definitions apply in this Act.
federal law has the same meaning as in 1.01 of the
Treaty. (règle de droit fédérale)
Indigenous peoples of Canada has the meaning as-
signed by the definition aboriginal peoples of Canada
in subsection 35(2) of the Constitution Act, 1982.
(peuples autochtones du Canada)
Tax Treatment Agreement means the tax treatment
agreement, as amended from time to time in accordance
with its provisions, that is referred to in 11.16 of the
Treaty. (accord sur le traitement fiscal)
Treaty means the treaty entitled “A Self-Government
Treaty Recognizing the Whitecap Dakota Nation / Wapa-
ha Ska Dakota Oyate,” signed on behalf of the Whitecap
Dakota First Nation and His Majesty in right of Canada
on May 2, 2023, as amended from time to time in accor-
dance with its provisions. (traité)
Whitecap Dakota Government has the same meaning
as in 1.01 of the Treaty. (gouvernement des Dakotas
de Whitecap)
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Chapter 22: Self-Government Treaty Recognizing the Whitecap Dakota Nation /
Wapaha Ska Dakota Oyate Act
Short Title
Preamble – Sections 1-2

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Whitecap Dakota institution has the meaning assigned
by the definition WDN Institution in 1.01 of the Treaty.
(institution)
Whitecap Dakota law has the meaning assigned by the
definition WDN Law in 1.01 of the Treaty. (loi de la na-
tion)
Whitecap Dakota member has the meaning assigned
by the definition WDN Member in 1.01 of the Treaty.
(membre)
Whitecap Dakota Nation has the meaning assigned by
the definition WDN in 1.01 of the Treaty. (Nation dako-
ta de Whitecap)
Whitecap Dakota reserve lands has the meaning as-
signed by the definition WDN Reserve Lands in 1.01 of
the Treaty. (terres de réserve)
Status of Treaty
3 For greater certainty, the Treaty is a treaty within the
meaning of sections 25 and 35 of the Constitution Act,
1982.
Treaty
Treaty given effect
4 (1) The Treaty is approved, given effect and declared
valid and has the force of law.
Rights and obligations
(2) For greater certainty, a person or entity has the pow-
ers, rights, privileges and benefits conferred on the per-
son or entity by the Treaty and must perform the duties,
and is subject to the liabilities, imposed on the person or
entity by the Treaty.
Third parties
(3) For greater certainty, the Treaty is binding on, and
may be relied on by, all persons and entities.
Treaty prevails
5 (1) In the event of any conflict between the Treaty and
this Act or any other federal law, the Treaty prevails to
the extent of the conflict.
Act prevails
(2) In the event of any conflict between this Act and any
other federal law, this Act prevails to the extent of the
conflict.
2021-2022-2023
Chapter 22: Self-Government Treaty Recognizing the Whitecap Dakota Nation /
Wapaha Ska Dakota Oyate Act
Interpretation
Sections 2-5

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Whitecap Dakota Nation
Capacity, rights, powers and privileges
6 (1) The Whitecap Dakota Nation is a legal entity and
has, subject to the Treaty, the capacity, rights, powers
and privileges of a natural person.
Vesting of rights, interests, etc.
(2) On the coming into effect of the Treaty, all rights, in-
terests, assets and obligations of the Whitecap Dakota
First Nation as a band, within the meaning of the Indian
Act, vest in the Whitecap Dakota Nation.
Whitecap Dakota Government
(3) The Whitecap Dakota Nation exercises the power and
authority to make laws, carries out other government
functions and otherwise exercises power or authority
through the Whitecap Dakota Government.
Whitecap Dakota Laws
Third parties
7 Subject to the Treaty, Whitecap Dakota laws are bind-
ing on and may be relied on by all persons and entities,
the Whitecap Dakota Nation, the Whitecap Dakota Gov-
ernment and Whitecap Dakota institutions.
Taxation
Tax Treatment Agreement
8 On the day on which the Tax Treatment Agreement
comes into effect by application of 11.16 of the Treaty,
that Agreement is approved, given effect and declared
valid. That Agreement has the force of law during the pe-
riod in which it is in effect.
Clarification
9 The Tax Treatment Agreement does not form part of
the Treaty and it is not a treaty or a land claims agree-
ment within the meaning of sections 25 and 35 of the
Constitution Act, 1982.
Application of Other Acts
Indian Act
10 Subject to the Treaty, the Indian Act does not apply
to the Whitecap Dakota Nation, the Whitecap Dakota
Government, Whitecap Dakota members or Whitecap
Dakota reserve lands.
2021-2022-2023
Chapter 22: Self-Government Treaty Recognizing the Whitecap Dakota Nation /
Wapaha Ska Dakota Oyate Act
Whitecap Dakota Nation
Sections 6-10

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Statutory Instruments Act
11 The Statutory Instruments Act does not apply to
Whitecap Dakota laws.
General
Judicial notice — Treaty and Tax Treatment
Agreement
12 (1) Judicial notice must be taken of the Treaty and
the Tax Treatment Agreement.
Publication
(2) The Treaty and the Tax Treatment Agreement must
be published by the King’s Printer.
Evidence
(3) A copy of the Treaty or the Tax Treatment Agreement
published by the King’s Printer is evidence of that Treaty
or that Agreement, and of its contents, and a copy pur-
porting to be published by the King’s Printer is presumed
to be so published unless the contrary is shown.
Judicial notice — Whitecap Dakota law
13 (1) Judicial notice must be taken of any Whitecap
Dakota law that is registered in the public registry re-
ferred to in 5.12 of the Treaty.
Evidence
(2) A copy of any Whitecap Dakota law purporting to be
registered in the public registry referred to in 5.12 of the
Treaty is evidence of that law and of its contents, unless
the contrary is shown.
Federal Courts Act
14 (1) A decision-making body established under a
Whitecap Dakota law, including a Whitecap Dakota insti-
tution, is not a federal board, commission or other tri-
bunal as defined in subsection 2(1) of the Federal Courts
Act.
Saskatchewan Court of King’s Bench
(2) The Saskatchewan Court of King’s Bench has juris-
diction to
(a) make orders and issue injunctions and declaratory
relief against a decision-making body referred to in
subsection (1); and
(b) undertake judicial review of the decisions of that
decision-making body, provided that all review mech-
anisms set out in Whitecap Dakota laws have been ex-
hausted.
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Chapter 22: Self-Government Treaty Recognizing the Whitecap Dakota Nation /
Wapaha Ska Dakota Oyate Act
Application of Other Acts
Sections 11-14

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Notice
15 (1) If an issue arises in any judicial or administrative
proceeding in respect of the interpretation, validity or ap-
plicability of the Treaty, of this Act or of any Whitecap
Dakota law, then the issue must not be decided until the
party raising the issue has served notice
(a) on the Attorney General of Canada and the White-
cap Dakota Government, in the case of a provision of
the Treaty or this Act; and
(b) on the Whitecap Dakota Government, in the case
of a provision of a Whitecap Dakota law.
Content and timing
(2) The notice must be served at least 14 days before the
day on which the issue is to be argued, unless the court or
tribunal authorizes a shorter period, and must identify
(a) the proceeding;
(b) the subject matter of the issue;
(c) the particulars that are necessary to show the
point to be argued; and
(d) the day on which the issue is to be argued.
Participation
(3) The recipient of a notice under subsection (1) may
appear and participate in the proceeding as a party with
the same rights as any other party.
Clarification
(4) For greater certainty, subsections (2) and (3) do not
require that an oral hearing be held if one is not other-
wise required.
Retroactive effect
16 Despite subsection 4(1), Chapter 33 and Schedule B
of the Treaty are deemed to have effect as of August 22,
2022.
Orders and regulations
17 (1) The Governor in Council may make any orders
and regulations that the Governor in Council considers
necessary for the purpose of carrying out any of the pro-
visions of the Treaty, of the Tax Treatment Agreement or
of any other agreements that are related to the imple-
mentation of the Treaty.
First Nations Fiscal Management Act
(2) For the purpose of enabling the Whitecap Dakota Na-
tion to benefit from the provisions of the First Nations
2021-2022-2023
Chapter 22: Self-Government Treaty Recognizing the Whitecap Dakota Nation /
Wapaha Ska Dakota Oyate Act
General
Sections 15-17

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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
(a) adapting any provision of that Act or of any regula-
tion made under that Act; and
(b) restricting the application of any provision of that
Act or of any regulation made under that Act.
Consequential Amendments
R.S., c. A-1
Access to Information Act
18 Subsection 13(3) of the Access to Information
Act is amended by adding the following after
paragraph (h):
(h.1) the Whitecap Dakota Government, as defined
in section 2 of the Self-Government Treaty Recogniz-
ing the Whitecap Dakota Nation / Wapaha Ska
Dakota Oyate Act;
R.S., c. M-13
Payments in Lieu of Taxes Act
19 The definition taxing authority in subsection
2(1) of the Payments in Lieu of Taxes Act is
amended by striking out “or” at the end of para-
graph (i), by adding “or” at the end of paragraph
(j) and by adding the following after paragraph
(j):
(k) the Whitecap Dakota Government, as defined in
section 2 of the Self-Government Treaty Recognizing
the Whitecap Dakota Nation / Wapaha Ska Dakota
Oyate Act, if it levies and collects a real property tax or
a frontage or area tax in respect of Whitecap Dakota
reserve lands, as defined in section 2 of that Act.
R.S., c. P-21
Privacy Act
20 (1) Paragraph 8(2)(f) of the Privacy Act is
amended by adding the following after subpara-
graph (vii):
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Chapter 22: Self-Government Treaty Recognizing the Whitecap Dakota Nation /
Wapaha Ska Dakota Oyate Act
General
Sections 17-20

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(vii.1) the Whitecap Dakota Government, as de-
fined in section 2 of the Self-Government Treaty
Recognizing the Whitecap Dakota Nation / Wapa-
ha Ska Dakota Oyate Act;
(2) Subsection 8(7) of the Act is amended by
adding the following after paragraph (h):
(h.1) the Whitecap Dakota Government, as defined
in section 2 of the Self-Government Treaty Recogniz-
ing the Whitecap Dakota Nation / Wapaha Ska
Dakota Oyate Act;
21 Subsection 19(1) of the Act is amended by
adding the following after paragraph (e):
(e.1) the Whitecap Dakota Government, as defined
in section 2 of the Self-Government Treaty Recogniz-
ing the Whitecap Dakota Nation / Wapaha Ska
Dakota Oyate Act;
2003, c. 15, s. 67
First Nations Goods and Services Tax
Act
22 (1) Column 1 of Schedule 1 to the First Na-
tions Goods and Services Tax Act is amended by
replacing “Whitecap Dakota First Nation” with
“Whitecap Dakota Nation”.
(2) Column 2 of Schedule 1 to the Act is amended
by replacing “Council of the Whitecap Dakota
First Nation” with “Whitecap Dakota Council”.
(3) Column 3 of Schedule 1 to the Act is amended
by replacing “Reserve of the Whitecap Dakota
First Nation” with “Whitecap Dakota reserve lands,
as defined in the Self-Government Treaty Recog-
nizing the Whitecap Dakota Nation / Wapaha
Ska Dakota Oyate Act”.
23 (1) Column 1 of Schedule 2 to the Act is
amended by replacing “Whitecap Dakota First
Nation” with “Whitecap Dakota Nation”.
(2) Column 2 of Schedule 2 to the Act is amended
by replacing “Council of the Whitecap Dakota
First Nation” with “Whitecap Dakota Council”.
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Chapter 22: Self-Government Treaty Recognizing the Whitecap Dakota Nation /
Wapaha Ska Dakota Oyate Act
Consequential Amendments
Privacy Act
Sections 20-23

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(3) Column 3 of Schedule 2 to the Act is amended
by replacing “Reserve of the Whitecap Dakota
First Nation” with “Whitecap Dakota reserve lands,
as defined in the Self-Government Treaty Recog-
nizing the Whitecap Dakota Nation / Wapaha
Ska Dakota Oyate Act”.
2005, c. 9; 2012, c. 19, s. 658
First Nations Fiscal Management Act
24 The schedule to the First Nations Fiscal Man-
agement Act is amended by deleting the follow-
ing:
Whitecap Dakota First Nation
Coming into Force
Order in council
25 This Act, other than section 16, comes into
force on a day to be fixed by order of the Gover-
nor in Council.
Published under authority of the Speaker of the House of Commons
2021-2022-2023
Chapter 22: Self-Government Treaty Recognizing the Whitecap Dakota Nation /
Wapaha Ska Dakota Oyate Act
Consequential Amendments
First Nations Goods and Services Tax Act
Sections 23-25

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Available on the House of Commons website
Disponible sur le site Web de la Chambre des com