Amendments to the Carcross/Tagish First Nation Self-Government Agreement

Table of contents

P.C. 2021-601 - June 17, 2021

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The Carcross/Tagish First Nation Self-Government Agreement is amended as follows:

1. Section 13.5.3 is replaced by the following:

13.5.3 Except as provided in 13.5.3.1 to 13.5.3.6, 14.0 and 28.0, a Yukon Law of General Application shall be inoperative to the extent that it provides for any matter for which provision is made in a law enacted by Carcross/Tagish First Nation.

2. The following sections are added immediately after 13.5.3:

13.5.3.1 For the purpose of 13.5.3 and 13.5.4, "Land Titles Office" means the Land Titles Office for the Yukon Land Registration District or its successor.

13.5.3.2 Subject to 13.5.3.6, the Land Titles Act, 2015 (Yukon) applies to a Parcel of Settlement Land or interest in a Parcel of Settlement Land that is registered in the Land Titles Office.

13.5.3.3 For greater certainty, a Carcross/Tagish First Nation law shall be inoperative with respect to any Parcel of Settlement Land or interest in a Parcel of Settlement Land that is registered in the Land Titles Office to the extent that it provides for any matter for which provision is made in the Land Titles Act, 2015 (Yukon).

13.5.3.4 Where the Yukon intends to enact a Yukon Law of General Application that would have the effect of amending the Land Titles Act, 2015 (Yukon) such that there may be a reasonably foreseeable impact on the Carcross/Tagish First Nation's title or interest in a Parcel of Settlement Land registered in the Land Titles Office, the Yukon shall Consult with the Carcross/Tagish First Nation before introducing the Legislation in the Legislative Assembly.

13.5.3.5 An amendment to the Land Titles Act, 2015 (Yukon) is inoperative to the extent that it requires, causes, or authorizes a sale, transfer or order for sale of a title or interest held by the Carcross/Tagish First Nation in a Parcel of Settlement Land that was registered in the Land Titles Office prior to coming into force of the amendment, unless Carcross/Tagish First Nation consents to the sale, or transfer, in a mortgage or other instrument registered in the Land Titles Office.

13.5.3.6 If the Carcross/Tagish First Nation, in accordance with 5.13.1 or 5.13.2 of the Final Agreement, deregisters a Parcel of Settlement Land that is registered in the Land Titles Office, the Land Titles Act, 2015 (Yukon) shall cease to apply to that Parcel.

3. Section 13.5.4 is replaced by the following:

13.5.4 Where the Yukon reasonably foresees that a Yukon Law of General Application which it intends to enact may have an impact:

13.5.4.1 on a law enacted by Carcross/Tagish First Nation; or

13.5.4.2 on rights or interests in Settlement Land registered in the Land Titles Office, the Yukon shall Consult with Carcross/Tagish First Nation before introducing the Legislation in the Legislative Assembly.

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