Amendments to Ta'an Kwach'an Council Self-Government Agreement

Replaced – P.C. 2013-0027 – January 31, 2013

Subsection 13.6.4.1 of the Ta’an Kwach’an Council Self-Government Agreement is repealed and replaced by the following:

13.6.4.1 the Ta’an Kwach’an Council shall have the power to establish penalties of:

1. fines up to $300,000 for the violation of a law enacted b+y the Ta’an Kwach’an Council in relation to the use of Settlement Land and of natural resources on Settlement Land or the control or prevention of pollution and the protection of the environment on Settlement Land;
2. fines up to $5,000 for the violation of any other law enacted by the Ta’an Kwach’an Council; and,
3. imprisonment to a maximum of six months for the violation of a law enacted by the Ta’an Kwach’an Council;

Amended - P.C. 2022-1150 - October 20, 2022

Section 15.0 of the Ta’an Kwach’an Council 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 Ta’an Kwach’an Council, Citizens, individuals resident on Settlement Land, corporations wholly owned by the Ta’an Kwach’an Council 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. 2022-1151 - October 20, 2022

The Ta'an Kwach'an Council Self-Government Agreement is amended as follows:

1. In Section 1.1, the following definition is added immediately before the definition of "Council for Yukon Indians":

   "Council" has the same meaning as in the Constitution;

2. Section 6.2.3 is replaced by the following:

   6.2.3   the Ta'an Kwach'an Council, by Council.

Replaced - P.C. 2023-0271 - March 27, 2023

Section 17.2 of the Ta’an Kwach’an Council Self-Government Agreement is replaced by the following:

17.2 The Ta’an Kwach’an Council 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 Ta’an Kwach’an Council's priorities for negotiation. The workplan shall identify timelines and resources available for negotiations.

Section 17.0 of the Ta’an Kwach’an Council Self-Government Agreement is amended by adding the following after 17.6:

17.7 In relation to education, upon the request of the Ta’an Kwach’an Council, the Ta’an Kwach’an Council 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 counselling;

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 Ta’an Kwach’an Council to negotiate an agreement pursuant to 17.1 in relation to education.

17.9 The Ta’an Kwach’an Council and the Yukon shall negotiate guaranteed representation for the Ta’an Kwach’an Council 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 Ta’an Kwach’an Council 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.