Whitecap Dakota Self-Government Treaty Enacted

Summary#

This bill gives legal effect to the “Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate.” It confirms the Whitecap Dakota Nation’s self-government, replaces Indian Act governance for this Nation, and updates several federal laws to align with the treaty. The treaty and a related Tax Treatment Agreement will have the force of law once in effect (Treaty given effect; Taxation — Tax Treatment Agreement).

• The treaty becomes law and prevails over conflicting federal laws to the extent of any conflict (Treaty prevails).
• The Indian Act no longer applies to the Whitecap Dakota Nation, its members, government, or reserve lands, subject to the treaty (Application of Other Acts — Indian Act).
• The Whitecap Dakota Government can pass its own laws that bind members, residents, visitors, and businesses on its reserve lands (Whitecap Dakota Laws — Third parties).
• Saskatchewan courts, not federal courts, will review decisions made under Whitecap Dakota laws after internal reviews are used (General — Federal Courts Act).
• Federal privacy and access-to-information rules are updated to allow information sharing with, and protection of confidential information from, the Whitecap Dakota Government (Privacy Act; Access to Information Act amendments).
• The federal Payments in Lieu of Taxes framework now recognizes the Whitecap Dakota Government as a taxing authority for property taxes on its reserve lands (Payments in Lieu of Taxes Act amendment).

What it means for you#

• Households and residents on Whitecap Dakota reserve lands

  • Local laws made by the Whitecap Dakota Government will apply to you, not the Indian Act, once the treaty is in force (Whitecap Dakota Laws — Third parties; Application of Other Acts — Indian Act).
  • These laws will be publicly registered, and courts must recognize them (General — Judicial notice — Whitecap Dakota law).
  • If you challenge a decision by a Whitecap Dakota decision-making body, you must first use all internal review steps. Then you may seek review in the Saskatchewan Court of King’s Bench (General — Federal Courts Act).

• Whitecap Dakota Nation members

  • Your government becomes a legal entity with the powers of a natural person; all assets, rights, and obligations of the former Indian Act “band” transfer to the Whitecap Dakota Nation (Whitecap Dakota Nation — Capacity; Vesting of rights).
  • The Indian Act will no longer govern your elections, by-laws, or local administration, subject to the treaty’s terms (Application of Other Acts — Indian Act).

• Businesses operating on Whitecap Dakota reserve lands

  • You must follow Whitecap Dakota laws that apply to commerce, land use, or services on reserve lands (Whitecap Dakota Laws — Third parties).
  • A Tax Treatment Agreement will set tax rules affecting transactions involving the Whitecap Dakota Government; it will have force of law when in effect (Taxation — Tax Treatment Agreement). Specific rates or rules are not in this bill. Data unavailable.

• Visitors and service users on Whitecap Dakota reserve lands

  • Whitecap Dakota laws can apply to non-members and visitors on reserve lands (Whitecap Dakota Laws — Third parties).
  • Laws will be accessible through a public registry, and courts will take judicial notice of them (General — Judicial notice — Whitecap Dakota law).

• Federal departments and agencies

  • You must take judicial notice of the treaty and the Tax Treatment Agreement and publish them (General — Judicial notice — Treaty and Tax Treatment Agreement).
  • You may share personal information with the Whitecap Dakota Government under specified Privacy Act pathways, and must protect confidential information received from that government under the Access to Information Act (Privacy Act; Access to Information Act amendments).
  • Cabinet may make regulations to implement the treaty and enable access to First Nations Fiscal Management Act services (General — Orders and regulations).

• Other governments and public bodies

  • The Whitecap Dakota Government is recognized as a taxing authority for property taxes on its reserve lands, enabling federal payments in lieu of taxes where applicable (Payments in Lieu of Taxes Act amendment).
  • Legal disputes involving the treaty, this Act, or a Whitecap Dakota law require at least 14 days’ notice to the Attorney General of Canada and/or the Whitecap Dakota Government before argument (General — Notice).

• Timing

  • The Act takes effect on a date set by an order in council (a Cabinet order). The date is not set in this bill (Coming into Force).
  • Two parts of the treaty (Chapter 33 and Schedule B) are deemed effective retroactively to August 22, 2022 (General — Retroactive effect). Contents not provided here. Data unavailable.

Expenses#

Estimated net cost: Data unavailable.

• Fiscal note or cost estimate: Data unavailable.

• Direct appropriations in this bill: None identified in the text. Data unavailable.

• Potential fiscal effects noted in the bill text:

  Item	Amount	Frequency	Source
  Payments in lieu of taxes to the Whitecap Dakota Government for federal property on its reserve lands (if any)	Data unavailable	Variable	Payments in Lieu of Taxes Act amendment
  Implementation costs for federal regulations and administration	Data unavailable	One-time/ongoing	General — Orders and regulations
  Tax Treatment Agreement fiscal impacts (e.g., tax sharing or exemptions)	Data unavailable	Variable	Taxation — Tax Treatment Agreement
  Treaty implementation funding (if any)	Data unavailable	Data unavailable	Treaty referenced; details not in bill

Proponents' View#

• It recognizes and implements the Whitecap Dakota Nation’s inherent right of self-government, consistent with section 35 of the Constitution Act, 1982 and Canada’s UNDRIP commitments (Preamble).
• It provides legal certainty by giving the treaty the force of law and priority over conflicting federal laws, reducing disputes and delays (Treaty given effect; Treaty prevails).
• It replaces Indian Act governance with community-made laws and institutions, which can better reflect local needs (Application of Other Acts — Indian Act; Whitecap Dakota Laws — Third parties).
• It clarifies court oversight and notice procedures, which can streamline dispute resolution and reduce forum conflicts (General — Federal Courts Act; Notice).
• It modernizes data-sharing and confidentiality rules with the Whitecap Dakota Government, supporting coordinated service delivery while protecting confidential information (Privacy Act; Access to Information Act amendments).
• It enables stable local revenue tools and financial management by recognizing taxing authority and access to First Nations Fiscal Management Act services (Payments in Lieu of Taxes Act amendment; General — Orders and regulations).

Opponents' View#

• Costs are undefined: the bill does not disclose treaty implementation funding, administrative costs, or tax impacts, creating fiscal uncertainty for taxpayers (Expenses — Data unavailable).
• Legal complexity may increase: the treaty prevails over other federal laws, and non-members and businesses must track a separate body of laws not published under the Statutory Instruments Act (Treaty prevails; Application of Other Acts — Statutory Instruments Act).
• Accountability and transparency risks: Whitecap Dakota laws are not subject to federal regulation-making processes; compliance depends on the treaty’s public registry and local processes (Application of Other Acts — Statutory Instruments Act; General — Judicial notice — Whitecap Dakota law).
• Enforcement and timing risks: many details depend on future Cabinet regulations and an order in council start date, which can delay or complicate implementation (General — Orders and regulations; Coming into Force).
• Jurisdictional uncertainty: federal courts will not review Whitecap Dakota decision-makers; shifting review to a provincial superior court may be unfamiliar to parties and increase litigation steps after internal reviews (General — Federal Courts Act).
• Retroactive effect may create disputes about actions taken since August 22, 2022, because the contents of the retroactive treaty parts are not in the bill text (General — Retroactive effect).