Short Title Short title 1 This Act may be cited as the  Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act . Interpretation Definitions 2 The following definitions apply in this Act. federal law  has the same meaning as in 1.01 of the Treaty. ( règle de droit fédérale ) Indigenous peoples of Canada  has the meaning assigned by the definition  aboriginal peoples of Canada  in subsection 35(2) of the  Constitution Act, 1982 . ( peuples autochtones du Canada ) Tax Treatment Agreement  means the tax treatment agreement, as amended from time to time in accordance with its provisions, that is referred to in 11.16 of the Treaty. ( accord sur le traitement fiscal ) Treaty  means the treaty entitled “A Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate,” signed on behalf of the Whitecap Dakota First Nation and His Majesty in right of Canada on May 2, 2023, as amended from time to time in accordance with its provisions. ( traité ) Whitecap Dakota Government  has the same meaning as in 1.01 of the Treaty. ( gouvernement des Dakotas de Whitecap ) Whitecap Dakota institution  has the meaning assigned by the definition  WDN Institution  in 1.01 of the Treaty. ( institution ) Whitecap Dakota law  has the meaning assigned by the definition  WDN Law  in 1.01 of the Treaty. ( loi de la nation ) Whitecap Dakota member  has the meaning assigned by the definition  WDN Member  in 1.01 of the Treaty. ( membre ) Whitecap Dakota Nation  has the meaning assigned by the definition  WDN  in 1.01 of the Treaty. ( Nation dakota de Whitecap ) Whitecap Dakota reserve lands  has the meaning assigned by the definition  WDN Reserve Lands  in 1.01 of the Treaty. ( terres de réserve ) Status of Treaty 3 For greater certainty, the Treaty is a treaty within the meaning of sections 25 and 35 of the  Constitution Act, 1982 . Treaty Treaty given effect 4 (1) The Treaty is approved, given effect and declared valid and has the force of law. Rights and obligations (2) For greater certainty, a person or entity has the powers, rights, privileges and benefits conferred on the person or entity by the Treaty and must perform the duties, and is subject to the liabilities, imposed on the person or entity by the Treaty. Third parties (3) For greater certainty, the Treaty is binding on, and may be relied on by, all persons and entities. Treaty prevails 5 (1) In the event of any conflict between the Treaty and this Act or any other federal law, the Treaty prevails to the extent of the conflict. Act prevails (2) In the event of any conflict between this Act and any other federal law, this Act prevails to the extent of the conflict. Whitecap Dakota Nation Capacity, rights, powers and privileges 6 (1) The Whitecap Dakota Nation is a legal entity and has, subject to the Treaty, the capacity, rights, powers and privileges of a natural person. Vesting of rights, interests, etc. (2) On the coming into effect of the Treaty, all rights, interests, assets and obligations of the Whitecap Dakota First Nation as a band, within the meaning of the  Indian Act , vest in the Whitecap Dakota Nation. Whitecap Dakota Government (3) The Whitecap Dakota Nation exercises the power and authority to make laws, carries out other government functions and otherwise exercises power or authority through the Whitecap Dakota Government. Whitecap Dakota Laws Third parties 7 Subject to the Treaty, Whitecap Dakota laws are binding on and may be relied on by all persons and entities, the Whitecap Dakota Nation, the Whitecap Dakota Government and Whitecap Dakota institutions. Taxation Tax Treatment Agreement 8 On the day on which the Tax Treatment Agreement comes into effect by application of 11.16 of the Treaty, that Agreement is approved, given effect and declared valid. That Agreement has the force of law during the period in which it is in effect. Clarification 9 The Tax Treatment Agreement does not form part of the Treaty and it is not a treaty or a land claims agreement within the meaning of sections 25 and 35 of the  Constitution Act, 1982 . Application of Other Acts Indian Act 10 Subject to the Treaty, the  Indian Act  does not apply to the Whitecap Dakota Nation, the Whitecap Dakota Government, Whitecap Dakota members or Whitecap Dakota reserve lands. Statutory Instruments Act 11 The  Statutory Instruments Act  does not apply to Whitecap Dakota laws. General Judicial notice — Treaty and Tax Treatment Agreement 12 (1) Judicial notice must be taken of the Treaty and the Tax Treatment Agreement. Publication (2) The Treaty and the Tax Treatment Agreement must be published by the King’s Printer. Evidence (3) A copy of the Treaty or the Tax Treatment Agreement published by the King’s Printer is evidence of that Treaty or that Agreement, and of its contents, and a copy purporting to be published by the King’s Printer is presumed to be so published unless the contrary is shown. Judicial notice — Whitecap Dakota law 13 (1) Judicial notice must be taken of any Whitecap Dakota law that is registered in the public registry referred to in 5.12 of the Treaty. Evidence (2) A copy of any Whitecap Dakota law purporting to be registered in the public registry referred to in 5.12 of the Treaty is evidence of that law and of its contents, unless the contrary is shown. Federal Courts Act 14 (1) A decision-making body established under a Whitecap Dakota law, including a Whitecap Dakota institution, is not a  federal board, commission or other tribunal  as defined in subsection 2(1) of the  Federal Courts Act . Saskatchewan Court of King’s Bench (2) The Saskatchewan Court of King’s Bench has jurisdiction to (a) make orders and issue injunctions and declaratory relief against a decision-making body referred to in subsection (1); and (b) undertake judicial review of the decisions of that decision-making body, provided that all review mechanisms set out in Whitecap Dakota laws have been exhausted. Notice 15 (1) 	If an issue arises in any judicial or administrative proceeding in respect of the interpretation, validity or applicability of the Treaty, of this Act or of any Whitecap Dakota law, then the issue must not be decided until the party raising the issue has served notice (a) on the Attorney General of Canada and the Whitecap Dakota Government, in the case of a provision of the Treaty or this Act; and (b) on the Whitecap Dakota Government, in the case of a provision of a Whitecap Dakota law. Content and timing (2) The notice must be served at least 14 days before the day on which the issue is to be argued, unless the court or tribunal authorizes a shorter period, and must identify (a) the proceeding; (b) the subject matter of the issue; (c) the particulars that are necessary to show the point to be argued; and (d) the day on which the issue is to be argued. Participation (3) The recipient of a notice under subsection (1) may appear and participate in the proceeding as a party with the same rights as any other party. Clarification (4) For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required. Retroactive effect 16 Despite subsection 4(1), Chapter 33 and Schedule B of the Treaty are deemed to have effect as of August 22, 2022. Orders and regulations 17 (1) The Governor in Council may make any orders and regulations that the Governor in Council considers necessary for the purpose of carrying out any of the provisions of the Treaty, of the Tax Treatment Agreement or of any other agreements that are related to the implementation of the Treaty. First Nations Fiscal Management Act (2) For the purpose of enabling the Whitecap Dakota Nation to benefit from the provisions of the  First Nations Fiscal Management Act  or obtain the services of any body established under that Act, the Governor in Council may make any regulations that the Governor in Council considers necessary, including regulations (a) adapting any provision of that Act or of any regulation made under that Act; and (b) restricting the application of any provision of that Act or of any regulation made under that Act. Consequential Amendments R.S., c. A-1 Access to Information Act 18 Subsection 13(3) of the  Access to Information Act  is amended by adding the following after paragraph (h): (h.1) the  Whitecap Dakota Government , as defined in section 2 of the  Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act ; Access to Information Act Clause 18 : Relevant portion of subsection 13(3): (3) The expression  aboriginal government  in paragraph (1)(e) means R.S., c. M-13 Payments in Lieu of Taxes Act 19 The definition  taxing authority  in subsection 2(1) of the  Payments in Lieu of Taxes Act  is amended by striking out “or” at the end of paragraph (i), by adding “or” at the end of paragraph (j) and by adding the following after paragraph (j): (k) the  Whitecap Dakota Government , as defined in section 2 of the  Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act , if it levies and collects a real property tax or a frontage or area tax in respect of  Whitecap Dakota reserve lands , as defined in section 2 of that Act. Payments in Lieu of Taxes Act Clause 19 : Relevant portion of the definition: taxing authority  means R.S., c. P-21 Privacy Act 20 (1) Paragraph 8(2)(f) of the  Privacy Act  is amended by adding the following after subparagraph (vii): (vii.1) the  Whitecap Dakota Government , as defined in section 2 of the  Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act ; Privacy Act Clause 20 : (1) Relevant portion of subsection 8(2): (2) Subject to any other Act of Parliament, personal information under the control of a government institution may be disclosed ... (f) for the purpose of administering or enforcing any law or carrying out a lawful investigation, under an agreement or arrangement between the Government of Canada or any of its institutions and any of the following entities or any of their institutions: (2) Subsection 8(7) of the Act is amended by adding the following after paragraph (h): (h.1) the  Whitecap Dakota Government , as defined in section 2 of the  Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act ; (2) Relevant portion of subsection 8(7): (7) The expression  aboriginal government  in paragraph (2)(k) means 21 Subsection 19(1) of the Act is amended by adding the following after paragraph (e): (e.1) the  Whitecap Dakota Government , as defined in section 2 of the  Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act ; Clause 21 : Relevant portion of subsection 19(1): 19 (1) Subject to subsection (2), the head of a government institution shall refuse to disclose any personal information requested under subsection 12(1) that was obtained in confidence from  2003, c. 15, s. 67 First Nations Goods and Services Tax Act 22 (1) Column 1 of Schedule 1 to the  First Nations Goods and Services Tax Act  is amended by replacing “Whitecap Dakota First Nation” with “Whitecap Dakota Nation”. (2) Column 2 of Schedule 1 to the Act is amended by replacing “Council of the Whitecap Dakota First Nation” with “Whitecap Dakota Council”. (3) Column 3 of Schedule 1 to the Act is amended by replacing “Reserve of the Whitecap Dakota First Nation” with “ Whitecap Dakota reserve lands , as defined in the  Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act ”. 23 (1) Column 1 of Schedule 2 to the Act is amended by replacing “Whitecap Dakota First Nation” with “Whitecap Dakota Nation”. (2) Column 2 of Schedule 2 to the Act is amended by replacing “Council of the Whitecap Dakota First Nation” with “Whitecap Dakota Council”. (3) Column 3 of Schedule 2 to the Act is amended by replacing “Reserve of the Whitecap Dakota First Nation” with “ Whitecap Dakota reserve lands , as defined in the  Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act ”. 2005, c. 9; 2012, c. 19, s. 658 First Nations Fiscal Management Act 24 The schedule to the  First Nations Fiscal Management Act  is amended by deleting the following: Whitecap Dakota First Nation Coming into Force Order in council 25 This Act, other than section  16 , comes into force on a day to be fixed by order of the Governor in Council.