Westbank First Nation

Self-Government

Agreement

between

Her Majesty the Queen in Right of Canada

and

Westbank First Nation

TABLE OF CONTENTS

PREAMBLE

PART I
DEFINITIONS

PART II
FUNDAMENTAL PRINCIPLES

PART III
LEGAL STATUS AND CAPACITY

PART IV
POWERS OF GOVERNMENT

PART V
APPLICATION OF LAW

PART VI
STRUCTURES AND PROCEDURES OF GOVERNMENT

• Judicial Review
  
• Delegation
  
• Governance
  
• Non-Member Representation
  
• Accountability
  
• Indian Act, Indian Oil and Gas Act, First Nations Land Management Act
  
• Notification to Canada of Westbank Law
  
• Westbank Public Register
  
• Validity of Westbank Law

PART VII
WESTBANK FIRST NATION MEMBERSHIP

PART VIII
WILLS AND ESTATES

PART IX
FINANCIAL MANAGEMENT

PART X
WESTBANK LANDS AND LAND MANAGEMENT

• Title and Interests in Westbank Lands
  
• Exchange of Lands
  
• Register
  
• Additional Reserve Lands
  
• Governance of Westbank Lands
  
• Expropriation for Community Purposes
  
• Access
  
• Treatment of Interests in Westbank Lands on Marriage Breakdown
  
• Procedures to Transfer by Testamentary Disposition or Succession
  
• Priority of Land and Land Management Law
  
• Federal Expropriation
  
• Compensation by Canada
  
• Status of Westbank Lands
  
• Reversion of Interest in Westbank Lands
  
• Return of Full Interest in Westbank Lands
  
• Application of Expropriation Act

PART XI
LANDLORD AND TENANT

PART XII
RESOURCE MANAGEMENT

• Renewable Resources
  
• Non-Renewable Resources
  
• Priority of Law in Relation to Resource Management

PART XIII
AGRICULTURE

PART XIV
ENVIRONMENT

• Environmental Protection
  
• Enforcement of Westbank Environment Laws
  
• Environmental Assessment

PART XV
CULTURE AND LANGUAGE

PART XVI
EDUCATION

PART XVII
HEALTH SERVICES

PART XVIII
ENFORCEMENT OF WESTBANK LAW

• Enforcement Officials
  
• Offences
  
• Enforcement Procedures for Westbank Law
  
• Prosecutions

PART XIX
LICENSING, REGULATION AND OPERATION OF BUSINESSES

PART XX
TRAFFIC AND TRANSPORTATION

PART XXI
PUBLIC WORKS, COMMUNITY INFRASTRUCTURE AND LOCAL SERVICES

PART XXII
PUBLIC ORDER, PEACE AND SAFETY

PART XXIII
PROHIBITION OF INTOXICANTS

PART XXIV
FUTURE NEGOTIATIONS

PART XXV
FINANCIAL ARRANGEMENTS

• Principles of Financing
  
• The Financial Transfer Agreement
  
• Westbank First Nation Cost-Sharing of Self-Government
  
• Provisions Respecting Financial Transfer Agreements
  
• Review and Renewal of Financial Transfer Agreements

PART XXVI
PRINCIPLES OF IMPLEMENTATION

• Implementation Plan
  
• Intergovernmental Implementation Committee

PART XXVII
TAXATION TREATMENT

• Tax Treatment of Government and Government Subsidiaries
  
• Tax Treatment of Gifts to Westbank First Nation

PART XXVIII
TAX AGREEMENTS

PART XXIX
TRANSFER OF CAPITAL AND REVENUE MONEYS

PART XXX
DISPUTE RESOLUTION

PART XXXI
INDIAN ACT PROVISIONS

• Health
  
• Fisheries
  
• Westbank First Nation Property Taxation
  
• General Indian Act Provisions

PART XXXII
RATIFICATION

PART XXXIII
GENERAL

• Review
  
• Westbank Internal Transfer of Rights and Interests
  
• Professions and Trades
  
• Reference to Legislation
  
• Canadian Human Rights Act
  
• Freedom of Information and Privacy
  
• Liability
  
• Amendment
  
• Entire Agreement
  
• Interpretation
  
• Notice

SCHEDULE A
RATIFICATION OF THE WESTBANK FIRST NATION
SELF-GOVERNMENT AGREEMENT

• Definitions
  
• General
  
• Ratification Committee
  
• Official Voters List
  
• Information Campaign
  
• Notification of Ratification Vote
  
• Voting Process
  
• Ratification of this Agreement by Westbank First Nation
  
• Ratification by Canada

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