CHAPTER 3 GOVERNANCE

3.1 YALE FIRST NATION SELF-GOVERNMENT
3.2 LEGAL STATUS AND CAPACITY
3.3 YALE FIRST NATION CONSTITUTION
3.4 YALE FIRST NATION GOVERNMENT STRUCTURE
3.5 APPEAL AND REVIEW OF ADMINISTRATIVE DECISIONS
3.6 REGISTRY OF LAWS
3.7 PARTICIPATION OF NON-MEMBERS
3.8 TRANSITIONAL PROVISIONS
3.9 AMENDMENTS TO PROVINCIAL LEGISLATION
3.10 DELEGATION
3.11 YALE FIRST NATION GOVERNMENT
3.12 YALE FIRST NATION MEMBERSHIP
3.13 YALE FIRST NATION ASSETS
3.14 ADOPTION
3.15 CHILD CUSTODY
3.16 CHILD PROTECTION SERVICES
3.17 ABORIGINAL HEALERS
3.18 HEALTH
3.19 FAMILY AND SOCIAL SERVICES
3.20 LIQUOR CONTROL
3.21 SOLEMNIZATION OF MARRIAGES
3.22 CHILD CARE
3.23 DEVOLUTION OF CULTURAL PROPERTY
3.24 LANGUAGE AND CULTURE EDUCATION
3.25 KINDERGARTEN TO GRADE 12 EDUCATION
3.26 EMERGENCY PREPAREDNESS
3.27 REGULATION OF BUSINESS
3.28 PUBLIC ORDER, PEACE AND SAFETY
3.29 BUILDINGS AND STRUCTURES
3.30 PUBLIC WORKS
3.31 TRAFFIC, PARKING, TRANSPORTATION AND HIGHWAYS
3.32 PENALTIES
3.33 ENFORCEMENT OF YALE FIRST NATION LAW
3.34 ADJUDICATION OF YALE FIRST NATION LAW
3.35 COMMUNITY CORRECTIONAL SERVICES
3.36 MEMBERS OF YALE FIRST NATION GOVERNMENT
3.37 YALE FIRST NATION PUBLIC OFFICERS
3.38 YALE FIRST NATION AND YALE FIRST NATION GOVERNMENT
3.39 WRIT OF EXECUTION AGAINST YALE FIRST NATION
3.40 OTHER MATTERS

3.1  YALE FIRST NATION SELF-GOVERNMENT

3.1.1  The Parties acknowledge that self-government and governance for Yale First Nation will be achieved through the exercise of the Section 35 Rights of Yale First Nation set out in this Agreement.

3.1.2  Yale First Nation Government, as provided for under the Yale First Nation Constitution and this Agreement, is the government of Yale First Nation.

3.1.3  The rights, powers, privileges and authorities of Yale First Nation will be exercised in accordance with:

a. this Agreement; and

b. Yale First Nation Law, including the Yale First Nation Constitution.

3.1.4  Yale First Nation will act through Yale First Nation Government in exercising its rights, powers, privileges and authorities, and in carrying out its duties, functions and obligations.

3.2  LEGAL STATUS AND CAPACITY

3.2.1  Yale First Nation is a legal entity with the capacity, rights, powers, and privileges of a natural person, including the ability to:

a. enter into contracts and agreements;

b. acquire and hold property or an interest in property, and sell or otherwise dispose of that property or interest;

c. raise, spend, invest, and borrow money;

d. sue and be sued; and

e. do other things ancillary to the exercise of its rights, powers, and privileges.

3.3  YALE FIRST NATION CONSTITUTION

3.3.1  Yale First Nation will have a Yale First Nation Constitution, consistent with this Agreement, which will provide:

a. for a democratic Yale First Nation Government, including its duties, composition, and membership;

b. that all members of Yale First Nation Government will be elected;

c. that Yale First Nation Government is democratically accountable with elections at least every five years;

d. for a system of financial administration with standards comparable to those generally accepted for governments in Canada, through which Yale First Nation Government will be financially accountable to Yale First Nation Members;

e. for conflict of interest rules comparable to those generally accepted for governments in Canada;

f. for recognition and protection of rights and freedoms of Yale First Nation Members;

g. for processes for the enactment of laws by Yale First Nation Government;

h. that a Yale First Nation Law that is inconsistent with the Yale First Nation Constitution is, to the extent of the inconsistency, of no force and effect;

i. for the establishment of Yale First Nation Public Institutions;

j. for conditions under which Yale First Nation may dispose of land or interests in lands;

k. for a transitional Yale First Nation Government from the Effective Date until the first elected Yale First Nation Government takes office;

l. for amendment of the Yale First Nation Constitution;

m. for a process for the removal of elected members; and

n. for other provisions.

3.4  YALE FIRST NATION GOVERNMENT STRUCTURE

3.4.1  Yale First Nation Government consists of elected members as set out in the Yale First Nation Constitution.

3.5  APPEAL AND REVIEW OF ADMINISTRATIVE DECISIONS

3.5.1  Yale First Nation will establish processes for appeal or review of administrative decisions made by Yale First Nation Institutions and if those processes provide for a right of appeal to a court, the Supreme Court of British Columbia has jurisdiction to hear those appeals.

3.5.2  The Supreme Court of British Columbia has jurisdiction to hear applications for judicial review of administrative decisions taken by Yale First Nation Institutions under Yale First Nation Law, but no application for judicial review of those decisions made may be brought until all procedures for appeal or review provided by Yale First Nation and applicable to that decision have been exhausted.

3.5.3  The Judicial Review Procedure Act applies to an application for judicial review under 3.5.2 as if the Yale First Nation Law were an "enactment" within the meaning of that Act.

3.6  REGISTRY OF LAWS

3.6.1  Yale First Nation will:

a. maintain a public registry of Yale First Nation Laws in the English language and, at the discretion of Yale First Nation, in the Puchil dialect of the Nlaka'pamux (Thompson) language, the English version of which is authoritative;

b. provide Canada and British Columbia with copies of Yale First Nation Laws as soon as practicable after they are enacted; and

c. establish procedures for the coming into force and the publication of Yale First Nation Laws.

3.7  PARTICIPATION OF NON-MEMBERS

3.7.1  Yale First Nation Institutions will consult with Non-Members in respect of Yale First Nation Institution decisions that directly and significantly affect those Non -Members.

3.7.2  For the purposes 3.7.1 of a Yale First Nation Institution must provide:

a. notice of the matter to be decided;

b. sufficient information with respect to the matter to permit the Non-Members to prepare their views on the matter;

c. a reasonable period of time to permit the Non-Members to prepare their views on the matter;

d. an opportunity for the Non-Members to present their views on the matter; and

e. a full and fair consideration of any views on the matter so presented by the Non-Members.

3.7.3  In addition to the requirement to consult under 3.7.1, where the number of Non-Members exceeds ten percent of the total number of individuals ordinarily resident on Yale First Nation Land, Yale First Nation will provide Non-Members with the opportunity to participate in the decision-making processes of a Yale First Nation Public Institution if the activities of that Yale First Nation Public Institution directly and significantly affect Non-Members.

3.7.4  The means of participation under 3.7.3 will include:

a. an opportunity to vote for and stand for election as a member of the Yale First Nation Public Institution with the ability to participate in discussions and vote on matters that directly and significantly affect Non-Members;

b. the appointment of at least one individual, selected by Non-Members, as a member of the Yale First Nation Public Institution with the ability to participate in discussions and vote on matters that directly and significantly affect Non- Members; or

c. other comparable measures.

3.7.5  Notwithstanding 3.7.4, Yale First Nation may provide that a majority of the members of the Yale First Nation Public Institution must be Yale First Nation Members.

3.7.6  Yale First Nation will establish the means of participation under 3.7.3 by Yale First Nation Law at the same time that it establishes a Yale First Nation Public Institution whose activities may directly and significantly affect Non-Members.

3.7.7  Yale First Nation will provide Non-Members with access to the appeal and review procedures established under 3.5.1 in respect of administrative decisions that directly and significantly affect Non-Members.

3.8  TRANSITIONAL PROVISIONS

Yale First Nation Government

3.8.1  The Chief Councillor and Councillors of the Yale Band on the day immediately before the Effective Date are the elected members of Yale First Nation Government from the Effective Date until the members elected under 3.8.2 take office.

3.8.2  The first election for the members of the Yale First Nation Government will be initiated no later than six months after the Effective Date and the members elected in that election will take office no later than one year after the Effective Date.

Yale First Nation Law

3.8.3  Before Yale First Nation Government brings into effect a Yale First Nation Law in respect of:

a. adoption;

b. Child Protection Services;

c. health services;

d. family and social services;

e. Child Care; or

f. kindergarten to grade 12 education,

Yale First Nation Government will give at least six months notice to Canada and British Columbia of its intention to exercise the law making authority.

3.8.4  Notwithstanding 3.8.3, after giving the notice required under 3.8.3, Yale First Nation Government may bring the Yale First Nation Law into effect before the expiration of the six month notice period required under 3.8.3 if Canada and British Columbia agree.

3.8.5  At the written request of any Party made within three months of receiving notice under 3.8.3, the relevant Parties will discuss:

a. options to address the interests of Yale First Nation through methods other than the exercise of law-making authority;

b. immunity of individuals providing services or exercising authority under Yale First Nation Law;

c. any transfer of cases and related documentation from federal or provincial institutions to Yale First Nation Institutions, including any confidentiality and privacy considerations;

d. any transfer of assets from federal or provincial institutions to Yale First Nation Institutions;

e. any appropriate amendments to Federal or Provincial Law, including amendments to address duplicate licensing requirements; and

f. other matters agreed to by the Parties.

3.8.6  The Parties may enter into agreements regarding any of the matters set out in 3.8.5 but an agreement under this paragraph is not a condition precedent to the exercise of law-making authority by Yale First Nation Government, and such authority may be exercised immediately following the six-month notice period required under 3.8.3.

3.9  AMENDMENTS TO PROVINCIAL LEGISLATION

3.9.1  Subject to 3.9.7, or an agreement under 3.9.4, before legislation is introduced in the Legislative Assembly, or before a regulation is approved by the Lieutenant-Governor-in-Council, British Columbia will notify Yale First Nation if:

a. this Agreement provides for Yale First Nation Government law-making authority in respect of the subject matter of the legislation or regulation;

b. the legislation or regulation may affect the protections, immunities, limitations in respect of liability, remedies over, or rights referred to in 3.38.1 and 3.38.2; or

c. the legislation or regulation may affect

i. the rights, powers, obligations, or

ii. the protections, immunities or limitations in respect of liability

referred to in 3.26.1,

except where this cannot be done for reasons of emergency or confidentiality.

3.9.2  If British Columbia does not notify Yale First Nation under 3.9.1 for reasons of emergency or confidentiality, British Columbia will notify Yale First Nation that the legislation has been introduced in the Legislative Assembly, or that the regulation has been deposited with the Registrar of Regulations.

3.9.3  Notifications under 3.9.1 and 3.9.2 will include:

a. the nature and purpose of the proposed legislation or regulation; and

b. the date the proposed legislation or regulation is anticipated to take effect, if it has not already done so.

3.9.4  Yale First Nation and British Columbia may enter into an agreement establishing alternatives to the obligations which would otherwise apply under 3.9.1 through 3.9.3 and 3.9.5.

3.9.5  Subject to 3.9.6 and 3.9.7, or an agreement under 3.9.4, if, within 30 days after notice is given under 3.9.1 or 3.9.2 or by agreement under 3.9.4, Yale First Nation makes a written request to British Columbia, then British Columbia and Yale First Nation will discuss the effect of the legislation or regulation, if any, on:

a. a Yale First Nation Law; or

b. a matter referred to in 3.9.1b or 3.9.1c.

3.9.6  If British Columbia establishes a process providing for collective discussion with First Nation Governments in British Columbia in relation to matters referred to in 3.9.5:

a. Yale First Nation will participate in that process; and

b. the process is deemed to satisfy British Columbia's obligation for discussion in respect of a particular matter under 3.9.5.

3.9.7  If Yale First Nation is a member of a representative body and, with the consent of Yale First Nation, British Columbia and that body enter into an agreement providing for consultation in respect of matters under 3.9.1, 3.9.2, or 3.9.5, then consultations with that body in respect of a particular matter are deemed to satisfy British Columbia's obligations for notification under 3.9.1 and 3.9.2 and discussion under 3.9.5.

3.9.8  Unless British Columbia agrees otherwise, Yale First Nation will retain the information provided under 3.9.1 through 3.9.7 in strict confidence until such time, if ever, the draft legislation is given first reading in the Legislative Assembly or a regulation is deposited with the Registrar of Regulations, as applicable.

3.9.9  The Parties acknowledge that nothing in 3.9.1 through 3.9.7 is intended to interfere with British Columbia's legislative process.

3.9.10  Notwithstanding any other provision of this Agreement, to the extent that provincial legislation or a regulation referred to in 3.9.1 affects the validity of a Yale First Nation Law, that Yale First Nation Law is deemed to be valid for a period of six months after the coming into force of the provincial legislation or regulation.

3.10  DELEGATION

3.10.1  Any law-making authority of Yale First Nation Government under this Agreement may be delegated by a Yale First Nation Law to:

a. a Yale First Nation Public Institution;

b. another First Nation Government in British Columbia;

c. a public institution established by First Nation Governments in British Columbia;

d. British Columbia;

e. Canada;

f. a Local Government; or

g. a legal entity as agreed to by the Parties

if the delegation and the exercise of any law-making authority is in accordance with this Agreement and the Yale First Nation Constitution.

3.10.2  Any authority of Yale First Nation under this Agreement other than a law-making authority may be delegated by a Yale First Nation Law to:

a. any body set out in 3.10.1; or

b. a legal entity in Canada

if the delegation and the exercise of any delegated authority is in accordance with this Agreement and the Yale First Nation Constitution.

3.10.3  Any delegation under 3.10.1 or 3.10.2 requires the written consent of the delegate.

3.10.4  Yale First Nation may enter into agreements to receive authorities, including law-making authority, by delegation.

YALE FIRST NATION LAW-MAKING AUTHORITIES

3.11  YALE FIRST NATION GOVERNMENT

3.11.1  Yale First Nation Government may make laws in respect of the election, administration, management and operation of Yale First Nation Government including:

a. the establishment of Yale First Nation Public Institutions, including their respective powers, duties, composition, and membership, but any incorporation of a Yale First Nation Public Institution must be under Federal or Provincial Law;

b. the powers, duties, responsibilities, remuneration, and indemnification of members, officials, and appointees of Yale First Nation Institutions;

c. the establishment of Yale First Nation Corporations, but the registration or incorporation of Yale First Nation Corporations must be under Federal or Provincial Law;

d. financial administration of Yale First Nation and Yale First Nation Institutions; and

e. elections, by-elections, and referenda.

3.11.2  Yale First Nation Government will make laws that provide for reasonable access to information in the custody or control of a Yale First Nation Institution by:

a. Yale First Nation Members;

b. Non-Members; and

c. persons who receive services and programs from a Yale First Nation Institution.

3.11.3  Yale First Nation Law under 3.11.1 or 3.11.2 prevails to the extent of a Conflict with Federal or Provincial Law, except Federal or Provincial Law in relation to the protection of personal information prevails to the extent of a Conflict with Yale First Nation Law under 3.11.1 or 3.11.2.

3.12  YALE FIRST NATION MEMBERSHIP

3.12.1  Yale First Nation Government may make laws in respect of Yale First Nation membership.

3.12.2  Yale First Nation Law under 3.12.1 prevails to the extent of a Conflict with Federal or Provincial Law.

3.13  YALE FIRST NATION ASSETS

3.13.1  Yale First Nation Government may make laws in respect of the use, possession and management of:

a. assets located off Yale First Nation Land; and

b. assets located on Yale First Nation Land,

of Yale First Nation, a Yale First Nation Corporation or a Yale First Nation Public Institution.

3.13.2  For greater certainty, the law-making authority under 3.13.1 does not include the authority to make laws in respect of creditor's rights and remedies.

3.13.3  Federal or Provincial Law prevails to the extent of a Conflict with Yale First Nation Law under 3.13.1a.

3.13.4  Yale First Nation Law under 3.13.1b prevails to the extent of a Conflict with Federal or Provincial Law.

3.14  ADOPTION

3.14.1  For the purposes of this Chapter, all relevant factors must be considered in determining a Child's best interest, including those factors that must be considered under the Adoption Act.

3.14.2  Yale First Nation Government may make laws in respect of adoptions in British Columbia for:

a. Yale First Nation Children; and

b. Children who reside on Yale First Nation Land to be adopted by Yale First Nation Members.

3.14.3  Yale First Nation Law under 3.14.2 will:

a. expressly provide that the best interests of the Child are the paramount consideration in determining whether an adoption will take place; and

b. require the consent of individuals whose consent to a Child's adoption is required under Provincial Law, subject to the power of the court to dispense with such consent under Provincial Law.

3.14.4  If Yale First Nation Government makes a law under 3.14.2, Yale First Nation will:

a. develop operational and practice standards that promote the best interests of the Child; and

b. provide British Columbia and Canada with a record of all adoptions occurring under Yale First Nation Law.

3.14.5  The Parties will negotiate and attempt to reach agreement on the information that will be included in the record under 3.14.4b.

3.14.6  Yale First Nation Law under 3.14.2 applies to the adoption of a Yale First Nation Child residing off Yale First Nation Land, or a Child residing on Yale First Land who is not a Yale First Nation Child, if:

a. the Child has not been placed for adoption under the Adoption Act, and all of the following consent to the application of Yale First Nation Law to the adoption:

i. the parents;

ii. the Child, if the Child has reached the age where the Child's consent to adoption is required under the Adoption Act, and

iii. the guardian of the Child, if the Child is not under the guardianship of a Director;

b. a Director designated under the Child, Family and Community Service Act is guardian of the Child, and the Director consents; or

c. a court dispenses with the requirement for the consent referred to in 3.14.6a, in accordance with the criteria that would be used by that court in an application to dispense with the requirement for a parent or guardian's consent to an adoption under Provincial Law.

3.14.7  If a Director designated under the Child, Family and Community Service Act becomes the guardian of a Yale First Nation Child, the Director will:

a. provide notice to Yale First Nation that the Director is the guardian of the Child;

b. provide notice to Yale First Nation when the Director applies for a continuing custody order;

c. provide Yale First Nation with a copy of the continuing custody order once the order is made and make reasonable efforts to involve Yale First Nation in planning for the Child;

d. if requested by Yale First Nation, consent to the application of Yale First Nation Law to the adoption of that Child, provided that it is in the best interests of the Child; and

e. in determining the best interests of the Child under 3.14.7d, the Director will consider, if not set out in the Adoption Act, the importance of preserving the Child's cultural identity.

3.14.8  Yale First Nation Law under 3.14.2 prevails to the extent of a Conflict with Federal or Provincial Law.

3.14.9  Before placing a Yale First Nation Child for adoption, an Adoption Agency must make reasonable efforts to obtain information about the Child's cultural identity and discuss the Child's placement with a designated representative of Yale First Nation.

3.14.10  3.14.9 does not apply if:

a. the Child has reached the age where the Child's consent to adoption is required under the Adoption Act and the Child objects to the discussion taking place; or

b. the birth parent or other guardian of the Child who requested that the Child be placed for adoption objects to the discussion taking place.

3.15  CHILD CUSTODY

3.15.1  Yale First Nation has standing in any judicial proceedings in British Columbia in which custody of a Yale First Nation Child is in dispute and the court will take judicial notice of Yale First Nation Law and consider any evidence or representations in respect of Yale First Nation Law or customs in addition to any other matters it is required by law to consider.

3.15.2  The participation of Yale First Nation in proceedings referred to in 3.15.1 will be in accordance with the applicable rules of court and will not affect the ability of the court to control its process.

3.16  CHILD PROTECTION SERVICES

3.16.1  Yale First Nation Government may make laws in respect of Child Protection Services for Yale First Nation Families resident on Yale First Nation Land.

3.16.2  Yale First Nation Laws under 3.16.3 will:

a. expressly provide that those laws will be interpreted and administered such that the Safety and Well-Being of Children are the paramount considerations; and

b. not preclude the reporting under Provincial Law of a Child in Need of Protection.

3.16.3  If Yale First Nation Government makes laws under 3.16.1, Yale First Nation will:

a. develop operational and practice standards intended to ensure the Safety and Well-Being of Children and families;

b. participate in British Columbia's information management systems, or establish an information management system that is compatible with British Columbia's information systems, concerning Children in Need of Protection and Children in Care;

c. allow for mutual sharing of information concerning Children in Need of Protection and Children in Care with British Columbia; and

d. establish and maintain a system for the management, storage and disposal of Child Protection Services records and the safeguarding of personal Child Protection Services information.

3.16.4  Notwithstanding any laws made under 3.16.1, if there is an emergency in which a Child of a Yale First Nation Family resident on Yale First Nation Land is in need of protection, and Yale First Nation has not responded or is unable to respond in a timely manner, British Columbia may act to protect the Child and, in those circumstances, unless British Columbia and Yale First Nation otherwise agree in writing, British Columbia, as appropriate, will refer the matter to Yale First Nation after the emergency.

3.16.5  Yale First Nation Law under 3.16.1 prevails to the extent of a Conflict with Federal or Provincial Law.

3.16.6  At the request of Yale First Nation or British Columbia, Yale First Nation and British Columbia will negotiate and attempt to reach agreement in respect of Child Protection Services for:

a. Yale First Nation Children who reside in British Columbia on or off Yale First Nation Land; or

b. Children who reside on Yale First Nation Land who are not Yale First Nation Children.

3.16.7  Where the Director becomes the guardian of a Yale First Nation Child, the Director will make reasonable efforts to include Yale First Nation in planning for that Child, including adoption planning.

3.17  ABORIGINAL HEALERS

3.17.1  Yale First Nation Government may make laws in respect of the authorization of individuals to practice as aboriginal healers on Yale First Nation Land.

3.17.2  The authority to make laws under 3.17.1 does not include the authority to regulate:

a. medical or health practices that, or practitioners who, require licensing or certification under Federal or Provincial Law; or

b. products or substances that are regulated under Federal or Provincial Law.

3.17.3  Yale First Nation Law under 3.17.1 will establish standards:

a. in respect of competence, ethics, and quality of practice that are reasonably required to protect the public; and

b. that are reasonably required to safeguard personal client information.

3.17.4  Yale First Nation Law under 3.17.1 prevails to the extent of a Conflict with Federal or Provincial Law.

3.18  HEALTH

3.18.1  Yale First Nation Government may make laws in respect of health services, including public health services, provided by a Yale First Nation Institution on Yale First Nation Land.

3.18.2  Yale First Nation Law under 3.18.1 will take into account the protection, improvement, and promotion of public and individual health and safety.

3.18.3  At the request of any Party, the Parties will negotiate and attempt to reach agreement for the delivery and administration of federal and provincial health services and programs by a Yale First Nation Institution for individuals residing on Yale First Nation Land.

3.18.4  Federal or Provincial Law prevails to the extent of a Conflict with Yale First Nation Law under 3.18.1.

3.18.5  Notwithstanding 3.18.4, Yale First Nation Law under 3.18.1 in respect of the organization and structure of Yale First Nation Institutions used to deliver health services on Yale First Nation Land prevails to the extent of a Conflict with Federal or Provincial Law.

3.19  FAMILY AND SOCIAL SERVICES

3.19.1  Yale First Nation Government may make laws in respect of family and social services, including income assistance and housing, provided by a Yale First Nation Institution.

3.19.2  Federal or Provincial Law prevails to the extent of a Conflict with Yale First Nation Law under 3.19.1.

3.19.3  Yale First Nation Law under 3.19.1 may require individuals collecting income assistance from Yale First Nation to participate in back-to-work programs or other similar programs.

3.19.4  Yale First Nation Government law-making authority under 3.19.1 does not include the authority to make laws in respect of the licensing and regulation of facility-based services off Yale First Nation Land.

3.19.5  If Yale First Nation Government makes laws under 3.19.1, at the request of any Party, the Parties will negotiate and attempt to reach agreement in respect of the exchange of information with respect to avoidance of double payments, and related matters.

3.19.6  At the request of any Party, the Parties will negotiate and attempt to reach agreement for the delivery and administration of federal or provincial social services and programs by a Yale First Nation Institution for individuals residing on Yale First Nation Land.

3.20  LIQUOR CONTROL

3.20.1  Yale First Nation Government may make laws in respect of the prohibition of, or the terms and conditions for the sale, exchange, possession, manufacture or consumption of, liquor on Yale First Nation Land.

3.20.2  Federal or Provincial Law prevails to the extent of a Conflict with Yale First Nation Law under 3.20.1.

3.20.3  British Columbia will not issue a license, permit, or other authority to sell liquor on Yale First Nation Land without the consent of Yale First Nation.

3.20.4  British Columbia will, in accordance with Provincial Law, authorize individuals designated by Yale First Nation to approve or deny applications for special occasion licenses to sell liquor on Yale First Nation Land.

3.21  SOLEMNIZATION OF MARRIAGES

3.21.1  Yale First Nation Government may make laws in relation to:

a. the marriage rites and ceremonies of the Yale First Nation culture; and

b. the designation of Yale First Nation Members to solemnize marriages.

3.21.2  Nothing in the Marriage Act will be construed as in any way preventing Yale First Nation from solemnizing, according to the rites and ceremonies of the Yale First Nation culture, a marriage between any two individuals:

a. neither of whom is under any legal disqualification to contract marriage under Federal or Provincial Law; and

b. either or both of whom are Yale First Nation Members.

3.21.3  A marriage may not be solemnized under Yale First Nation Law unless the individuals intending to marry possess a valid marriage licence.

3.21.4  For the purposes of 3.21.3, marriage licences may only be issued by Yale First Nation where:

a. Yale First Nation has been appointed as an issuer of marriage licences under Provincial Law; and

b. the issuance of the marriage licence complies with the Marriage Act.

3.21.5  Immediately after the solemnization of the marriage, a representative designated under 3.21.1b must register the marriage:

a. by entering a record of it in a marriage register book issued by the Vital Statistics Agency and kept by Yale First Nation for that purpose; and

b. by providing the original registration to the chief executive officer under the Vital Statistics Act.

3.21.6  The chief executive officer, or a person authorized by the chief executive officer, under the Vital Statistics Act may, during normal business hours and as often as the chief executive officer considers necessary, inspect the marriage register book kept by Yale First Nation and compare it with the registrations returned by Yale First Nation under 3.21.5b.

3.21.7  The record under 3.21.5a must be signed:

a. by each of the parties to the marriage;

b. by two witnesses; and

c. by a representative designated under 3.21.1b.

3.21.8  A representative designated under 3.21.1b by whom a marriage is solemnized must observe and perform the duties imposed on him or her under the Vital Statistics Act respecting the records of marriage.

3.21.9  Subject to 3.21.2 through 3.21.8, a Yale First Nation Law under 3.21.1 prevails to the extent of a Conflict with Federal or Provincial Law.

3.22  CHILD CARE

3.22.1  Yale First Nation Government may make laws in respect of Child Care services on Yale First Nation Land.

3.22.2  Federal or Provincial Law prevails to the extent of a Conflict with Yale First Nation Law under 3.22.1.

3.23  DEVOLUTION OF CULTURAL PROPERTY

3.23.1  Yale First Nation Government may make laws in respect of the devolution of Cultural Property of a Yale First Nation Member who dies intestate.

3.23.2  Yale First Nation Law under 3.23.1 prevails to the extent of a Conflict with Federal or Provincial Law.

3.23.3  Yale First Nation has standing in any judicial proceeding in which:

a. the validity of the will of a Yale First Nation Member; or

b. the devolution of the Cultural Property of a Yale First Nation Member,

is at issue, including any proceedings to vary a will.

3.23.4  Yale First Nation may commence, and has standing to intervene in, an action under provincial legislation in relation to wills variation in respect of the will of a Yale First Nation Member that provides for the devolution of Cultural Property.

3.23.5  In a proceeding to which 3.23.3 or 3.23.4 applies, the court will consider any evidence or representations in respect of Yale First Nation Law or customs dealing with the devolution of Cultural Property in addition to any other matters it is required by law to consider.

3.23.6  The participation of Yale First Nation in proceedings referred to in 3.23.3 or 3.23.4 will be in accordance with the applicable rules of court and will not affect the ability of the court to control its process.

3.24  LANGUAGE AND CULTURE EDUCATION

3.24.1  Yale First Nation Government may make laws in respect of language and culture education on Yale First Nation Land for:

a. the certification of teachers of Yale First Nation culture and the Puchil dialect of the Nlaka'pamux (Thompson) language; and

b. the development and teaching of curriculum with respect to Yale First Nation culture and the Puchil dialect of the Nlaka'pamux (Thompson) language.

3.24.2  Yale First Nation Law under 3.24.1 does not apply to schools under the School Act.

3.24.3  Yale First Nation Law under 3.24.1 prevails to the extent of a Conflict with Federal or Provincial Law.

3.25  KINDERGARTEN TO GRADE 12 EDUCATION

3.25.1  Yale First Nation Government may make laws in respect of kindergarten to grade 12 education provided by a Yale First Nation Institution on Yale First Nation Land.

3.25.2  Yale First Nation Law under 3.25.1 will:

a. establish curriculum, examination, and other standards that permit transfers of students between school systems in British Columbia at a similar level of achievement and permit entry of students to the provincial post-secondary education systems; and

b. provide for the certification of teachers, other than those referred to in 3.24.1a, by a Yale First Nation Public Institution, or a body recognized by British Columbia, in accordance with standards comparable to standards applicable to individuals who teach in public or provincially funded independent schools in British Columbia.

3.25.3  Yale First Nation Government may make laws in respect of home education of Yale First Nation Members on Yale First Nation Land.

3.25.4  Yale First Nation Law under 3.25.1 or 3.25.3 prevails to the extent of a Conflict with Federal or Provincial Law.

3.25.5  At the request of Yale First Nation or British Columbia, Yale First Nation and British Columbia will negotiate and attempt to reach agreement for the provision of kindergarten to grade 12 education by a Yale First Nation Institution to:

a. Non-Members; or

b. Yale First Nation Members residing off Yale First Nation Land in British Columbia.

3.26  EMERGENCY PREPAREDNESS

3.26.1  Yale First Nation has:

a. the rights, powers, duties, and obligations; and

b. protections, immunities and limitations in respect of liability,

of a local authority under Federal and Provincial Law in respect of emergency preparedness and emergency measures on Yale First Nation Land.

3.26.2  Yale First Nation Government may make laws in respect of Yale First Nation's rights, powers, duties, and obligations under 3.26.1.

3.26.3  Federal or Provincial Law prevails to the extent of a Conflict with Yale First Nation Law under 3.26.2.

3.26.4  For greater certainty, Yale First Nation Government may declare a state of local emergency, and exercise the powers of a local authority in respect of local emergencies in accordance with Federal and Provincial Law in respect of emergency measures, but any declaration and any exercise of those powers is subject to the authority of Canada and British Columbia set out in Federal and Provincial Law.

3.26.5  Nothing in this Agreement affects the authority of:

a. Canada to declare a national emergency; or

b. British Columbia to declare a provincial emergency,

in accordance with Federal and Provincial Law.

3.27  REGULATION OF BUSINESS

3.27.1  Yale First Nation Government may make laws in respect of the regulation, licensing, and prohibition of business on Yale First Nation Land, including the imposition of license fees or other fees.

3.27.2  Yale First Nation Government law-making authority under 3.27.1 does not include the authority to make laws in respect of accreditation, certification, or professional conduct of professions and trades.

3.27.3  Federal or Provincial Law prevails to the extent of a Conflict with Yale First Nation Law under 3.27.1.

3.28  PUBLIC ORDER, PEACE AND SAFETY

3.28.1  Yale First Nation Government may make laws in respect of the regulation, control or prohibition of any actions, activities or undertakings on Yale First Nation Land that constitute, or may constitute, a nuisance, a trespass, a danger to public health, or a threat to public order, peace or safety.

3.28.2  Federal or Provincial Law prevails to the extent of a Conflict with Yale First Nation Law under 3.28.1.

3.29  BUILDINGS AND STRUCTURES

3.29.1  Yale First Nation Government may make laws in respect of buildings and structures on Yale First Nation Land.

3.29.2  The British Columbia Building Code applies on Yale First Nation Land.

3.29.3  Notwithstanding 3.29.2, the Canada Labour Code applies to federal undertakings on Yale First Nation Land.

3.29.4  Subject to 3.29.5, Yale First Nation Laws under 3.29.1 must not establish standards for buildings or structures to which the British Columbia Building Code applies that are additional to or different from the standards established by the British Columbia Building Code.

3.29.5  At the request of Yale First Nation, British Columbia and Yale First Nation will negotiate and attempt to reach agreement to enable Yale First Nation Government to establish standards for buildings and structures that are additional to or different from the standards established by the British Columbia Building Code.

3.29.6  Federal or Provincial Law prevails to the extent of a Conflict with Yale First Nation Law under 3.29.1.

3.30  PUBLIC WORKS

3.30.1  Yale First Nation Government may make laws in respect of public works and related services on Yale First Nation Land.

3.30.2  Federal or Provincial Law prevails to the extent of a Conflict with Yale First Nation Law under 3.30.1.

3.31  TRAFFIC, PARKING, TRANSPORTATION AND HIGHWAYS

3.31.1  Yale First Nation Government may make laws in respect of traffic, parking, transportation and highways on Yale First Nation Land to the same extent as municipal governments have authority to make laws in respect of traffic, parking, transportation and highways in municipalities in British Columbia.

3.31.2  Federal or Provincial Law prevails to the extent of a Conflict with Yale First Nation Law under 3.31.1.

ADMINISTRATION OF JUSTICE

3.32  PENALTIES

3.32.1  Yale First Nation Law may provide for the imposition of sanctions, including fines, Administrative Penalties, community service, restitution and imprisonment, for the violation of Yale First Nation Laws.

3.32.2  Subject to 3.32.5, Yale First Nation Law may provide for:

a. a maximum fine that is not greater than that which may be imposed for comparable regulatory offences punishable by way of summary conviction under Federal or Provincial Law; and

b. a maximum Administrative Penalty that is not greater than that which may be imposed for a breach of a comparable regulatory requirement under Federal or Provincial Law.

3.32.3  Where there is no comparable regulatory offence or regulatory requirement under Federal or Provincial Law, the maximum fine or Administrative Penalty shall not be greater than the general limit for offences under the provincial Offence Act.

3.32.4  Subject to 3.32.5, Yale First Nation Law may provide for a maximum term of imprisonment that is not greater than the general limit for offences under the provincial Offence Act.

3.32.5  Yale First Nation Law with respect to taxation may provide for:

a. a fine that is greater than the limits set out in 3.32.2; or

b. a term of imprisonment that is greater than the limit set out in 3.32.4,

where there is an agreement to that effect as contemplated in 21.2.1.

3.33  ENFORCEMENT OF YALE FIRST NATION LAW

3.33.1  Yale First Nation is responsible for the enforcement of Yale First Nation Law.

3.33.2  At the request of Yale First Nation, the Parties will, to the extent of their respective authorities, negotiate and attempt to reach agreement for the enforcement of Yale First Nation Law by a police force or federal or provincial enforcement officials.

3.33.3  Yale First Nation Government may make laws for the enforcement of Yale First Nation Laws, including:

a. the appointment of officers to enforce Yale First Nation Law; and

b. powers of enforcement, provided such powers will not exceed those provided by Federal or Provincial Law for enforcing similar laws in British Columbia.

3.33.4  Yale First Nation Government law-making authority in 3.33.3 does not include the authority to:

a. establish a police force; or

b. authorize the carriage or use of a firearm by Yale First Nation enforcement officials,

but nothing in this Agreement prevents Yale First Nation from establishing a police force under Provincial Law.

3.33.5  If Yale First Nation appoints officials to enforce Yale First Nation Laws, Yale First Nation will:

a. ensure that any Yale First Nation enforcement officials are adequately trained to carry out their duties having regard to recruitment, selection and training standards for other enforcement officers carrying out similar duties in British Columbia; and

b. establish and implement procedures for responding to complaints against Yale First Nation enforcement officials.

3.33.6  Yale First Nation Law made under Chapter 8 Fisheries, Chapter 10 Wildlife or Chapter 11 Migratory Birds may be enforced by individuals authorized to enforce Federal or Provincial Law or Yale First Nation Law in respect of Fish and Aquatic Plants, Wildlife and Migratory Birds in British Columbia.

3.33.7  Federal or Provincial Law prevails to the extent of a Conflict with Yale First Nation Law under 3.33.3.

3.33.8  Yale First Nation may, by a proceeding brought in the Supreme Court of British Columbia, enforce, or prevent or restrain the contravention of, Yale First Nation Law.

3.34  ADJUDICATION OF YALE FIRST NATION LAW

3.34.1  The Provincial Court of British Columbia has jurisdiction to hear prosecutions of offences under Yale First Nation Law.

3.34.2  The summary conviction proceedings of the Offence Act apply to prosecutions of offences under Yale First Nation Law.

3.34.3  The Provincial Court of British Columbia or the Supreme Court of British Columbia, as the case may be, has jurisdiction to hear legal disputes arising between individuals under Yale First Nation Law.

3.34.4  Yale First Nation is responsible for the prosecution of all matters arising from Yale First Nation Law, including appeals, and may carry out this responsibility by:

a. appointing or retaining individuals to conduct prosecutions and appeals, in a manner consistent with the principle of prosecutorial independence and consistent with the overall authority and role of the Attorney General in the administration of justice in British Columbia;

b. entering into agreements with Canada or British Columbia in respect of the conduct of prosecutions and appeals; or

c. both subparagraphs a and b.

3.34.5  Unless the Parties otherwise agree, British Columbia will pay any fines collected in respect of a penalty imposed on a person by the Provincial Court of British Columbia or the Supreme Court of British Columbia, as the case may be, for an offence under Yale First Nation Law, to Yale First Nation on a similar basis as British Columbia makes payments to Canada for fines that may be collected by British Columbia in respect of an offence under Federal Law.

3.34.6  Yale First Nation Government law-making authority does not include the authority to establish a court.

3.34.7  The Supreme Court of British Columbia has jurisdiction to hear applications challenging the validity of Yale First Nation Laws.

3.35  COMMUNITY CORRECTIONAL SERVICES

3.35.1  Yale First Nation may provide Community Correctional Services for individuals charged with, or found guilty of, an offence under Yale First Nation Law and may carry out such other responsibilities as may be set out in an agreement under 3.35.2 or 3.35.3.

3.35.2  At the request of Yale First Nation, Yale First Nation and British Columbia may enter into agreements to provide Community Correctional Services on Yale First Nation Land in respect of individuals who fall under the jurisdiction of British Columbia and who are charged with, or found guilty of, an offence under Federal or Provincial Law.

3.35.3  Yale First Nation and British Columbia may enter into agreements to enable Yale First Nation to provide rehabilitative community-based programs and interventions off Yale First Nation Land for Yale First Nation Members charged with, or found guilty of, an offence under Federal or Provincial Law.

3.35.4  Nothing in this Agreement authorizes Yale First Nation to establish or maintain places of confinement, except for police jails or lock-ups operated by a police service established under Provincial Law or as provided for under an agreement referred to in 3.35.3.

YALE FIRST NATION GOVERNMENT LIABILITY

3.36  MEMBERS OF YALE FIRST NATION GOVERNMENT

3.36.1  No action for damages lies or may be instituted against a member or former member of Yale First Nation Government for:

a. anything said or done, or omitted to be said or done, by or on behalf of Yale First Nation or Yale First Nation Government by somebody other than that member or former member while he or she is, or was, a member;

b. any alleged neglect or default in the performance, or intended performance, of a duty, or the exercise of a power, of Yale First Nation or Yale First Nation Government while that individual is, or was, a member;

c. anything said or done or omitted to be said or done by that individual in the performance, or intended performance, of the individual's duty or the exercise of the individual's power; or

d. any alleged neglect or default in the performance, or intended performance, of that individual's duty or exercise of that individual's power.

3.36.2  3.36.1c and 3.36.1d do not provide a defence if:

a. the individual has, in relation to the conduct that is the subject matter of the action, been guilty of dishonesty, gross negligence or malicious or wilful misconduct; or

b. the cause of action is libel or slander.

3.36.3  3.36.1c and 3.36.1d do not absolve Yale First Nation from vicarious liability arising out of a tort committed by a member or former member of Yale First Nation Government for which Yale First Nation would have been liable had 3.36.1 not been in effect.

3.37  YALE FIRST NATION PUBLIC OFFICERS

3.37.1  No action for damages lies or may be instituted against a Yale First Nation Public Officer or former Yale First Nation Public Officer:

a. for anything said or done or omitted to be said or done by that individual in the performance, or intended performance, of the individual's duty or the exercise of the individual's power; or

b. for any alleged neglect or default in the performance, or intended performance, of that individual's duty or exercise of that individual's power.

3.37.2  3.37.1 does not provide a defence if:

a. the Yale First Nation Public Officer has, in relation to the conduct that is the subject matter of the action, been guilty of dishonesty, gross negligence or malicious or wilful misconduct; or

b. the cause of action is libel or slander.

3.37.3  3.37.1 does not absolve any of the corporations or bodies referred to in the definition of Yale First Nation Public Officer from vicarious liability arising out of a tort committed by a Yale First Nation Public Officer for which the corporation or body would have been liable had 3.37.1 not been in effect.

3.37.4  Notwithstanding 3.37.1, except as may be otherwise provided under Federal or Provincial Law, a Yale First Nation Public Officer does not have protections, immunities or limitations in respect of liability, in respect of the provision of a service by that public officer, if no individual delivering reasonably similar programs or services under Federal or Provincial Law has protections, immunities, or limitations in respect of liability and rights under Federal or Provincial Law.

3.38  YALE FIRST NATION AND YALE FIRST NATION GOVERNMENT

3.38.1  Yale First Nation and Yale First Nation Government have the protections, immunities, limitations in respect of liability, remedies over, and rights provided to a municipality and its municipal council under Part 7 of the Local Government Act.

3.38.2  Subject to 14.7.6, Yale First Nation has the protections, immunities, limitations in respect of liability, remedies over and rights provided to a municipality under the Occupiers Liability Act, and, for greater certainty, has those protections, immunities, limitations in respect of liability, remedies over, and rights, in respect of a road on Yale First Nation Land used by the public, or by industrial or resource users, if Yale First Nation is the occupier of that road.

3.39  WRIT OF EXECUTION AGAINST YALE FIRST NATION

3.39.1  Notwithstanding 3.38.1, a writ of execution against Yale First Nation must not be issued without leave of the Supreme Court of British Columbia, which may:

a. permit its issue at a time and on conditions the court considers proper; or

b. refuse to permit it to be issued or suspend action under it on terms and conditions the court thinks proper or expedient.

3.39.2  In determining how it will proceed under 3.39.1, the court must have regard to:

a. any reputed insolvency of Yale First Nation;

b. any security afforded to the person entitled to the judgment by the registration of the judgment;

c. the delivery of programs or services by Yale First Nation that are not provided by municipalities in British Columbia, and the funding of those programs or services; and

d. the immunities from seizure of assets of Yale First Nation as set out in this Agreement.

3.40  OTHER MATTERS

3.40.1  Yale First Nation Government may adopt Federal or Provincial Law in respect of matters within Yale First Nation Government law-making authority set out in this Agreement.

3.40.2  For greater certainty, the authority of Yale First Nation Government to make laws in respect of a subject matter as set out in this Agreement includes the authority to make laws and to do other things as may be necessarily incidental to exercising its authority.

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