On May 4, 2023, the Yukon Commissioner issued O.I.C. 2023/77, which pertains to amendments to the Ta’an Kwach’an Council Self-Government Agreement. This action follows an agreement reached by the parties involved in the Self-Government Agreement to modify its terms as outlined in the schedule.

The Agreement between the Ta’an Kwach’an Council, the Government of Canada, and the Yukon Government establishes a modern framework for First Nation governance. It grants the Council the authority to enact local laws on Settlement Land, affecting various aspects of citizens’ lives, including marriage, education, and estate administration. “Settlement Land” refers to specific lands identified in the Final Agreement, while “Non-Settlement Land” encompasses all other lands in the Yukon.

Section 9.2 affirms the Ta’an Kwach’an Council as a legal entity with the rights and privileges akin to a natural person, enabling it to enter contracts, manage property, and engage in legal actions. Section 13 outlines the Council’s legislative powers regarding Settlement Land, allowing it to regulate land use, resource management, and environmental protections. Furthermore, Section 25 promotes collaboration between the Council and local municipalities to create compatible land use plans. The Agreement is structured into four parts, consisting of 29 sections and three annexes, detailing governance, legislation, and programs.

The amendments aim to enhance the governance framework for the Ta’an Kwach’an Council, reflecting a collaborative effort to adapt and improve self-government provisions. This initiative is rooted in the First Nations (Yukon) Self-Government Act, particularly section 3, along with clause 6.2.2 of the existing Self-Government Agreement.

The order outlines two key points:

• • • Approval of Amendments: The proposed changes to the Ta’an Kwach’an Council Self-Government Agreement, detailed in the attached schedule, have received formal approval.
    • Effective Date: The order will take effect once a corresponding order from the Governor in Council, under the Yukon First Nations Self-Government Act, is enacted to approve the same amendments.

Yukon (OIC 2023/77) June 2023