This Agreement made this 29th day of May, 1993.

AMONG:

The First Nation of Nacho Nyak Dun as represented by the Chief of the First Nation of Nacho Nyak Dun (hereinafter referred to as the "First Nation of Nacho Nyak Dun")

AND:

The Government of the Yukon as represented by the Government Leader of the Yukon (hereinafter referred to as "the Yukon")

AND:

Her Majesty the Queen in Right of Canada as represented by the Minister of Indian Affairs and Northern Development (hereinafter referred to as "Canada")

being the Parties (collectively referred to as "the Parties") to this First Nation of Nacho Nyak Dun Self-Government Agreement (hereinafter referred to as "this Agreement").

WHEREAS:

Nacho Nyak Dun have traditional decision-making bodies and practices, and wish to maintain those bodies and practices, integrated with a contemporary form of government;

the Parties wish to support and promote the contemporary and evolving self-government bodies and practices of the First Nation of Nacho Nyak Dun;

the Parties have negotiated the First Nation of Nacho Nyak Dun Final Agreement, securing the rights and benefits therein;

the First Nation of Nacho Nyak Dun asserts, subject to Settlement Agreements, its continuing aboriginal rights, titles and interests with respect to its Settlement Land;

the Parties wish to achieve certainty with respect to jurisdiction over lands and other resources within the Traditional Territory of the First Nation of Nacho Nyak Dun;

the Parties wish to achieve certainty with respect to the relationship between the First Nation of Nacho Nyak Dun and Government;

the Parties wish to provide for the effective management, administration and exercise of the rights and benefits of Nacho Nyak Dun and the First Nation of Nacho Nyak Dun which are secured by the First Nation of Nacho Nyak Dun Final Agreement;

the Parties recognize and wish to protect a way of life that is based on an economic and spiritual relationship between Nacho Nyak Dun and the land;

the Parties wish to protect the cultural distinctiveness and social wellbeing of Nacho Nyak Dun; and

the First Nation of Nacho Nyak Dun, Canada and the Yukon have authorized their representatives to sign this First Nation of Nacho Nyak Dun Self-Government Agreement;

NOW THEREFORE,

in accordance with Chapter 24 of the First Nation of Nacho Nyak Dun Final Agreement, and

in consideration of the terms, exchange of promises, conditions, and provisos contained herein, the Parties agree to the following:

D

1.0 DEFINITIONS

1.1
In this Agreement:

"Act" includes ordinance;

"Assembly" has the same meaning as in the Constitution;

"Chief" has the same meaning as in the Constitution;

"Citizen" means a citizen of the First Nation of Nacho Nyak Dun as determined by the Constitution;

"Constitution" means the constitution of the First Nation of Nacho Nyak Dun, in effect on the Effective Date, as amended from time to time;

"Consult" or "Consultation" means to provide,

1. to the party to be consulted, notice of a matter to be decided in sufficient form and detail to allow that party to prepare its views on the matter,
2. a reasonable period of time in which the party to be consulted may prepare its views on the matter, and an opportunity to present such views to the party obliged to consult, and
3. full and fair consideration by the party obliged to consult of any views presented;

"Council for Yukon Indians" includes any successor to the Council for Yukon Indians and, in the absence of a successor, the Yukon First Nations

"Effective Date" means the date on which this Agreement is brought into effect by Self-Government Legislation;

"Emergency" includes apprehended, imminent or actual danger to life, health, safety, or the environment;

"Final Agreement" means the First Nation of Nacho Nyak Dun Final Agreement between the Government of Canada, the First Nation of Nacho Nyak Dun and the Government of the Yukon, initialled by the negotiators for the Parties on the 12th day of June, 1992;

"First Nation Council" has the same meaning as in the Constitution; "Government" means Canada or the Yukon, or both, depending upon which government or governments have responsibility, from time to time, for the matter in question;

"Law" includes common law;

"Laws of General Application" means laws of general application as defined by common law, but does not include laws enacted by the First Nation of Nacho Nyak Dun;

"Legislative Assembly" means the Council of the Yukon Territory as defined in the Yukon Act, R.S.C. 1985, c. Y-2;

"Legislation" includes Acts, Regulations, orders-in-council and bylaws;

"Minister" means the Minister or Ministers of Government charged by Legislation with the responsibility, from time to time, for the exercise of powers in relation to the matter in question;

"Non-Settlement Land" means all land and water in the Yukon other than Settlement Land;

"Regulation" includes a regulation or any instrument made in the execution of a power or authority conferred by an Act, but does not include laws enacted by the First Nation of Nacho Nyak Dun;

"Self-Government Legislation" means the Legislation which brings this Agreement into effect;

"Settlement Agreement" has the same meaning as in the Final Agreement;

"Settlement Corporation" means a corporation as described in 20.4.2 of the Final Agreement, created by the First Nation of Nacho Nyak Dun alone or together with one or more Yukon First Nations;

"Settlement Land" means those lands identified in the Final Agreement as Settlement Land for the First Nation of Nacho Nyak Dun;

"Settlement Legislation" has the same meaning as in the Final Agreement;

"Traditional Territory" means the geographic area within the Yukon identified as the First Nation of Nacho Nyak Dun Traditional Territory on the maps referred to in 2.9.0 of the Final Agreement;

"Umbrella Final Agreement" means the Comprehensive Land Claim Umbrella Final Agreement between the Government of Canada, the Council for Yukon Indians and the Government of the Yukon, initialled by the negotiators for the parties to that Agreement on the 30th day of May, 1992;

"Yukon First Nation" means one of the following,

Carcross/Tagish First Nation,
Champagne and Aishihik First Nations,
Dawson First Nation,
Kluane First Nation,
Kwanlin Dun First Nation,
Liard First Nation,
Little Salmon/Carmacks First Nation,
First Nation of Nacho Nyak Dun,
Ross River Dena Council,
Selkirk First Nation,
Ta'an Kwach'an Council,
Teslin Tlingit Council,
Vuntut Gwitchin First Nation, or
White River First Nation;

"Yukon First Nations" means all of the Yukon First Nations defined as a Yukon First Nation; and

"Yukon Indian People" means people enrolled under one of the Yukon First Nation Final Agreements in accordance with the criteria established in Chapter 3 of the Umbrella Final Agreement;

"Yukon Law of General Application" means a Law of General Application enacted pursuant to the Yukon Act, R.S.C. 1985, c. Y-2.

2.0 PRINCIPLES

2.1
The First Nation of Nacho Nyak Dun has traditional decision-making structures and desires to maintain these traditional structures integrated with contemporary forms of government.

2.2
The Parties are committed to promoting opportunities for the wellbeing of Citizens equal to those of other Canadians and to providing essential public services of reasonable quality to all Citizens.

3.0 GENERAL PROVISIONS

3.1
This Agreement shall not affect any aboriginal claim, right, title or interest of the First Nation of Nacho Nyak Dun or of its Citizens.

3.2
This Agreement shall not affect the identity of Citizens as aboriginal people of Canada.

3.3
This Agreement shall not affect the ability of the aboriginal people of the First Nation of Nacho Nyak Dun to exercise, or benefit from, any existing or future constitutional rights for aboriginal people that may be applicable to them.

3.4
Unless otherwise provided pursuant to this Agreement or in a law enacted by the First Nation of Nacho Nyak Dun, this Agreement shall not affect the ability of Citizens to participate in and benefit from Government programs for status Indians, non-status Indians or native people, as the case may be. Benefits under such programs shall be determined by the general criteria for such programs established from time to time.

3.5
Except for the purpose of determining which Citizens are "Indians" within the meaning of the Indian Act, R.S.C. 1985, c. 1-5, the Indian Act, R.S.C. 1985, c.1-5, does not apply to Citizens, the First Nation of Nacho Nyak Dun or Settlement Land.

3.6
This Agreement shall not:

3.6.1
affect the rights of Citizens as Canadian citizens; and

3.6.2
unless otherwise provided pursuant to this Agreement or in a law enacted by the First Nation of Nacho Nyak Dun, affect the entitlement of Citizens to all of the benefits, services, and protections of other Canadian citizens applicable from time to time.

3.7
Government may determine, from time to time, how and by whom any power or authority of Government set out in this Agreement shall be exercised, other than

4.0 RATIFICATION

4.1
Ratification of this Agreement shall be sought by the Parties and shall be ratified by each of the Parties in the following manner:

4.1.1
by Canada, by the Governor in Council;

4.1.2
by the Yukon, by the Commissioner in Executive Council; and

4.1.3
by the First Nation of Nacho Nyak Dun, by the process set out in Schedule A of this Agreement.

5.0 SELF-GOVERNMENT LEGISLATION

5.1
Prior to ratification of this Agreement, Government shall negotiate, with the Council for Yukon Indians, guidelines for drafting Self- Government Legislation that shall, among other things, take into account the provisions of this Agreement.

5.2
Government shall Consult the Council for Yukon Indians during the drafting of Self-Government Legislation.

5.3
Government shall Consult the affected Yukon First Nations during the drafting of any subsequent amendments to Self-Government Legislation.

6.0 AMENDMENT AND REVIEW

6.1
This Agreement may only be amended with the consent of the Parties.

6.2
Consent to any amendment pursuant to 6.1 may only be given on the part of:

6.2.1
Canada, by the Governor in Council;

6.2.2
the Yukon, by the Commissioner in Executive Council; and

6.2.3
the First Nation of Nacho Nyak Dun, by a recommendation of the First Nation Council of Nacho Nyak Dun approved by the Assembly in two meetings held at least three months apart.

6.3
Where Government has concluded a self-government agreement with another Yukon First Nation which includes provisions more favourable than those in this Agreement, and where it would be practical to include those provisions in this Agreement, Government, at the request of the First Nation of Nacho Nyak Dun, shall negotiate with the First Nation of Nacho Nyak Dun with a view to amending this Agreement to incorporate provisions no less favourable than those in the other self-government agreement.

6.4
A dispute arising from negotiations described in 6.3 may be referred by any Party to dispute resolution pursuant to 26.3.0 of the Final Agreement.

6.4.1
In any dispute arising pursuant to 6.3 an arbitrator shall have the authority set out in 26.7.3 of the Final Agreement.

6.5
The Parties shall make amendments to this Agreement which are required to give effect to orders or decisions of an arbitrator pursuant to 6.4.

6.6
Unless the Parties otherwise agree, the Parties shall review this Agreement within five years of the Effective Date for the purpose of determining whether:

6.6.1
other self-government agreements in Canada have more effectively incorporated self-government provisions respecting any matters considered in this Agreement;

6.6.2
other self-government agreements in Canada have more effectively incorporated implementation or financial transfer agreements;

6.6.3
this Agreement has been implemented in accordance with the implementation plan;

6.6.4
the negotiated transfer of programs, responsibilities and resources pursuant to this Agreement has been successful; and

6.6.5
this Agreement should be amended in accordance with 6.1 and 6.2 to reflect the outcome of the review.

7.0 REMEDIES

7.1
Neither Government nor the First Nation of Nacho Nyak Dun shall have a claim or a cause of action in the event any provision of this Agreement or of Self-Government Legislation is found by a court of competent jurisdiction to be invalid.

7.2
Neither Government nor the First Nation of Nacho Nyak Dun shall challenge the validity of any provision of this Agreement or of Self- Government Legislation.

7.3
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the Parties shall make best efforts to amend this Agreement to remedy the invalidity or replace the invalid provision.

7.4
If any provision of Self-Government Legislation is found by a court of competent jurisdiction to be invalid, Government shall make best efforts to amend the Self-Government Legislation to remedy the invalidity or replace the invalid provision.

8.0 INTERPRETATION AND APPLICATION OF LAW

8.1
Subject to 8.1.1, where there is any inconsistency or conflict between the provisions of federal Self-Government Legislation and any other federal Legislation, the federal Self-Government Legislation shall prevail to the extent of the inconsistency or conflict.

8.1.1
Where there is any inconsistency or conflict between the provisions of federal Self-Government Legislation and the Final Agreement or Settlement Legislation, the Final Agreement or Settlement Legislation shall prevail to the extent of the inconsistency or conflict.

8.2
Subject to 8.2.1, where there is any inconsistency or conflict between the provisions of Yukon Self-Government Legislation and any other Yukon Legislation, the Yukon Self-Government Legislation shall prevail to the extent of the inconsistency or conflict.

8.2.1
Where there is any inconsistency or conflict between the provisions of Yukon Self-Government Legislation and the Final Agreement or Settlement Legislation, the Final Agreement or Settlement Legislation shall prevail to the extent of the inconsistency or conflict.

8.3
This Agreement is subject to the Final Agreement, and in the event of any inconsistency or conflict, the Final Agreement shall prevail to the extent of the inconsistency or conflict.

8.4
Common law conflict of laws principles shall apply where a conflict of laws issue arises unless:

8.4.1
in the case of a conflict of laws issue arising between a law of the First Nation of Nacho Nyak Dun and a law of another Yukon First Nation, the First Nation of Nacho Nyak Dun and the other Yukon First Nation have otherwise agreed; or

8.4.2
in the case of a conflict of laws issue arising between a law of the First Nation of Nacho Nyak Dun and a Law of General Application, the First Nation of Nacho Nyak Dun and Government have otherwise agreed.

8.5
Unless otherwise provided in this Agreement, the exercise of powers by the First Nation of Nacho Nyak Dun pursuant to this Agreement shall not confer any duties, obligations or responsibilities on Government.

8.6
This Agreement shall be interpreted according to the Interpretation Act, R.S.C. 1985, c. 1-21, with such modifications as the circumstances require.

8.7
The preamble and the principles in this Agreement are statements of the intentions of the Parties and shall only be used to assist in the interpretation of doubtful or ambiguous expressions in this Agreement.

8.8
Capitalized words or phrases shall have the meaning as defined in this Agreement.

8.9
Any reference in this Agreement to Legislation, an Act or a provision of an Act includes:

8.9.1
that Legislation, Act or provision of an Act, and any Regulations made thereunder, as amended from time to time; and

8.9.2
any successor Legislation, Act or provision of an Act.

8.10
Successor Legislation includes Yukon Legislation which replaces federal Legislation as a consequence of devolution of authority or responsibility from Canada to the Yukon.

8.11
The Supreme Court of the Yukon shall have jurisdiction in respect of any action or proceeding arising out of this Agreement or Self- Government Legislation.

8.12
Nothing in this Agreement shall be construed to limit the jurisdiction of the Federal Court of Canada as set forth in the Federal Court Act. R.S.C. 1985, c. F-7.

9.0 LEGAL STATUS OF THE FIRST NATION OF NACHO NYAK DUN

9.1
Upon the Effective Date, the Indian Act. R.S.C. 1985, c. 1-5, Nacho Nyak Dun Indian Band shall cease to exist and its rights, titles, interests, assets, obligations and liabilities, including those of its band council, shall vest in the First Nation of Nacho Nyak Dun.

9.2
The First Nation of Nacho Nyak Dun is a legal entity and has the capacity, rights, powers and privileges of a natural person and, without restricting the generality of the foregoing, may:

9.2.1
enter into contracts or agreements;

9.2.2
acquire and hold property or any interest therein, sell or otherwise dispose of property or any interest therein;

9.2.3
raise, invest, expend and borrow money;

9.2.4
sue or be sued;

9.2.5
form corporations or other legal entities; and

9.2.6
do such other things as may be conducive to the exercise of its rights, powers and privileges.

9.3
The act of acquiring or the holding of any rights, liabilities or obligations by the First Nation of Nacho Nyak Dun or by any entity described in 9.2.5, shall not be construed to affect any aboriginal right, title or interest of the First Nation of Nacho Nyak Dun, its Citizens or their heirs, descendants or successors.

10.0 FIRST NATION OF NACHO NYAK DUN CONSTITUTION

10.1
The First Nation of Nacho Nyak Dun Constitution shall:

10.1.1
contain the First Nation of Nacho Nyak Dun citizenship code;

10.1.2
establish governing bodies and provide for their powers, duties, composition, membership and procedures;

10.1.3
provide for a system of reporting, which may include audits, through which the First Nation of Nacho Nyak Dun government shall be financially accountable to its Citizens;

10.1.4
recognize and protect the rights and freedoms of Citizens;

10.1.5
provide for the challenging of the validity of laws enacted by the First Nation of Nacho Nyak Dun and for the quashing of invalid laws;

10.1.6
provide for amending the Constitution by the Citizens; and

10.1.7
be consistent with this Agreement.

10.2
The Constitution may provide for any other matters relating to the First Nation of Nacho Nyak Dun government or to the governing of Settlement Land, or of persons on Settlement Land.

10.3
The citizenship code established in the Constitution shall enable all persons enrolled under the Final Agreement to be Citizens.

11.0 TRANSITIONAL PROVISIONS

11.1
The band council of the Indian Act, R.S.C. 1985, c. 1-5, Nacho Nyak Dun Indian Band that is in office on the Effective Date shallbe deemed to be the governing body of the First Nation of Nacho Nyak Dun until replaced in accordance with the Constitution.

11.2
Any monies held by Canada for the use and benefit of the Indian Act, R.S.C. 1985, c. 1-5, Nacho Nyak Dun Indian Band shall be transferred to the First Nation of Nacho Nyak Dun, as soon as practicable after the Effective Date.

12.0 DELEGATION

12.1
The First Nation of Nacho Nyak Dun may delegate any of its powers, including legislative powers, to:

12.1.1
a public body or official established by a law of the First Nation of Nacho Nyak Dun;

12.1.2
Government, including a department, agency or official of Government;

12.1.3
a public body performing a function of government in Canada, including another Yukon First Nation;

12.1.4
a municipality, school board, local body, or legal entity established by Yukon Law;

12.1.5
a tribal council;

12.1.6
the Council for Yukon Indians; or

12.1.7
any legal entity in Canada.

12.2
Any delegation under 12.1.2 to 12.1.7 shall be made by written agreement with the delegate.

12.3
The First Nation of Nacho Nyak Dun has the capacity to enter into agreements to receive powers, including legislative powers, by delegation.

13.0 LEGISLATIVE POWERS

13.1
The First Nation of Nacho Nyak Dun shall have the exclusive power to enact laws in relation to the following matters:

13.1.1
administration of First Nation of Nacho Nyak Dun affairs and operation and internal management of the First Nation of Nacho Nyak Dun;

13.1.2
management and administration of rights or benefits which are realized pursuant to the Final Agreement by persons enrolled under the Final Agreement, and which are to be controlled by the First Nation of Nacho Nyak Dun; and

13.1.3
matters ancillary to the foregoing.

13.2
The First Nation of Nacho Nyak Dun shall have the power to enact laws in relation to the following matters in the Yukon:

13.2.1
provision of programs and services for Citizens in relation to their spiritual and cultural beliefs and practices;

13.2.2
provision of programs and services for Citizens in relation to the Northern Tutchone language;

13.2.3
provision of health care and services to Citizens, except licensing and regulation of facility-based services off Settlement Land;

13.2.4
provision of social and welfare services to Citizens, except licensing and regulation of facility-based services off Settlement Land;

13.2.5
provision of training programs for Citizens, subject to Government certification requirements where applicable;

13.2.6
adoption by and of Citizens;

13.2.7
guardianship, custody, care and placement of First Nation of Nacho Nyak Dun children, except licensing and regulation of facility-based services off Settlement Land;

13.2.8
provision of education programs and services for Citizens choosing to participate, except licensing and regulation of facility-based services off Settlement Land;

13.2.9
inheritance, wills, intestacy and administration of estates of Citizens, including rights and interests in Settlement Land;

13.2.10
procedures consistent with the principles of natural justice for determining the mental competency or ability of Citizens, including administration of the rights and interests of those found incapable of responsibility for their own affairs;

13.2.11
provision of services to Citizens for resolution of disputes outside the courts;

13.2.12
solemnization of marriage of Citizens;

13.2.13
licences in respect of matters enumerated in 13.1, 13.2 and 13.3 in order to raise revenue for First Nation of Nacho Nyak Dun purposes;

13.2.14
matters necessary to enable the First Nation of Nacho Nyak Dun to fulfil its responsibilities under the Final Agreement or this Agreement; and

13.2.15
matters ancillary to the foregoing.

13.3
The First Nation of Nacho Nyak Dun shall have the power to enact laws of a local or private nature on Settlement Land in relation to the following matters:

13.3.1
use, management, administration, control and protection of Settlement Land;

13.3.2
allocation or disposition of rights and interests in and to Settlement Land, including expropriation by the First Nation of Nacho Nyak Dun for First Nation of Nacho Nyak Dun purposes;

13.3.3
use, management, administration and protection of natural resources under the ownership, control or jurisdiction of the First Nation of Nacho Nyak Dun;

13.3.4
gathering, hunting, trapping or fishing and the protection of fish, wildlife and habitat;

13.3.5
control or prohibition of the erection and placement of posters, advertising signs, and billboards;

13.3.6
licensing and regulation of any person or entity carrying on any business, trade, profession, or other occupation;

13.3.7
control or prohibition of public games, sports, races, athletic contests and other amusements;

13.3.8
control of the construction, maintenance, repair and demolition of buildings or other structures;

13.3.9
prevention of overcrowding of residences or other buildings or structures;

13.3.10
control of the sanitary condition of buildings or property;

13.3.11
planning, zoning and land development;

13.3.12
curfews, prevention of disorderly conduct and control or prohibition of nuisances;

13.3.13
control or prohibition of the operation and use of vehicles;

13.3.14
control or prohibition of the transport, sale, exchange, manufacture, supply, possession or consumption of intoxicants;

13.3.15
establishment, maintenance, provision, operation or regulation of local services and facilities;

13.3.16
caring and keeping of livestock, poultry, pets and other birds and animals, and impoundment and disposal of any bird or animal maltreated or improperly at-large, but the caring and keeping of livestock does not include game farming or game ranching;

13.3.17
administration of justice;

13.3.18
control or prohibition of any actions, activities or undertakings that constitute, or may constitute, a threat to public order, peace or safety;

13.3.19
control or prohibition of any activities, conditions or undertakings that constitute, or may constitute, a danger to public health;

13.3.20
control or prevention of pollution and protection of the environment;

13.3.21
control or prohibition of the possession or use of firearms, other weapons and explosives;

13.3.22
control or prohibition of the transport of dangerous substances; and

13.3.23
matters coming within the good government of Citizens on Settlement Land.

13.4.0 Emergency Powers

13.4.1
Off Settlement Land, enumerated in relation to those matters in 13.2, in any situation that poses an Emergency to a Citizen, Government may exercise power conferred by Laws of General Application to relieve the Emergency, notwithstanding that laws enacted by the First Nation of Nacho Nyak Dun may apply to the Emergency.

13.4.2
A person acting pursuant to 13.4.1 shall, as soon as practicable after determining that a person in an Emergency is a Citizen, notify the First Nation of Nacho Nyak Dun of the action taken and transfer the matter to the responsible First Nation of Nacho Nyak Dun authority, at which time the authority of the Government to act pursuant to 13.4.1 shall cease.

13.4.3
A person acting pursuant to 13.4.1 is not liable for any act done in good faith in the reasonable belief that the act was necessary to relieve an Emergency.

13.4.4
On Settlement Land, in relation to those matters enumerated in 13.2, in any situation that poses an Emergency to a person who is not a Citizen, the First Nation of Nacho Nyak Dun may exercise power conferred by laws enacted by the First Nation of Nacho Nyak Dun to relieve the Emergency, notwithstanding that Laws of General Application may apply to the Emergency.

13.4.5
A person acting pursuant to 13.4.4 shall, as soon as practicable after determining that a person in an Emergency is not a Citizen, notify Government, or where the person in an Emergency is a citizen of another Yukon First Nation, that Yukon First Nation, of the action taken and transfer the matter to the responsible authority, at which time the authority of the First Nation of Nacho Nyak Dun to act pursuant to 13.4.4 shall cease.

13.4.6
A person acting pursuant to 13.4.4 is not liable for any act done in good faith in the reasonable belief that the act was necessary to relieve an Emergency.

13.4.7
Notwithstanding 13.5.0, in relation to powers enumerated in 13.3, Laws of General Application shall apply with respect to an Emergency arising on Settlement Land which has or is likely to have an effect off Settlement Land.

13.5.0 Laws of General Application

13.5.1
Unless otherwise provided in this Agreement, all Laws of General Application shall continue to apply to the First Nation of Nacho Nyak Dun, its Citizens and Settlement Land.

13.5.2
Canada and the First Nation of Nacho Nyak Dun shall enter into negotiations with a view to concluding, as soon as practicable, a separate agreement or an amendment of this Agreement which will identify the areas in which laws of the First Nation of Nacho Nyak Dun shall prevail over federal Laws of General Application to the extent of any inconsistency or conflict.

13.5.2.1
Canada shall Consult with the Yukon prior to concluding the negotiations described in 13.5.2.

13.5.2.2
Clause 13.5.2 shall not affect the status of the Yukon as a party to the negotiations or agreements referred to in 13.6.0 or 17.0.

13.5.3
Except as provided in 14.0, a Yukon Law of General Application shall be inoperative to the extent that it provides for any matter for which provision is made in a law enacted by the First Nation of Nacho Nyak Dun.

13.5.4
Where the Yukon reasonably foresees that a Yukon Law of General Application which it intends to enact Nyak Dun, the Yukon shall Consult with the First Nation of Nacho Nyak Dun before introducing the Legislation in the Legislative Assembly.

13.5.5
Where the First Nation of Nacho Nyak Dun reasonably foresees that a law which it intends to enact may have an impact on a Yukon Law of General Application, the First Nation of Nacho Nyak Dun shall Consult with the Yukon before enacting the law.

13.5.6
Where the Commissioner in Executive Council is of the opinion that a law enacted by the First Nation of Nacho Nyak Dun has rendered a Yukon Law of General Application partially inoperative and that it would unreasonably alter the character of a Yukon Law of General Application or that it would make it unduly difficult to administer that Yukon Law of General Application in relation to the First Nation of Nacho Nyak Dun, Citizens or Settlement Land, the Commissioner in Executive Council may declare that the Yukon Law of General Application ceases to apply in whole or in part to the First Nation of Nacho Nyak Dun, Citizens or Settlement Land.

13.5.7
Prior to making a declaration pursuant to 13.5.6, the Yukon shall:

13.5.7.1
Consult with the First Nation of Nacho Nyak Dun and identify solutions, including any amendments to Yukon Legislation, that the Yukon considers would meet the objectives of the First Nation of Nacho Nyak Dun; and

13.5.7.2
after Consultation pursuant to 13.5.7.1, where the Yukon and the First Nation of Nacho Nyak Dun agree that the Yukon Law of General Application should be amended, the Yukon shall propose such amendment to the Legislative Assembly within a reasonable period of time.

13.6.0 Administration of Justice

13.6.1
The Parties shall enter into negotiations with a view to concluding an agreement in respect of the administration of First Nation of Nacho Nyak Dun justice provided for in 13.3.17.

13.6.2
Negotiations respecting the administration of justice shall deal with such matters as adjudication, civil remedies, punitive sanctions including fine, penalty and imprisonment for enforcing any law of the First Nation of Nacho Nyak Dun, prosecution, corrections, law enforcement, the relation of any First Nation of Nacho Nyak Dun courts to other courts and any other matter related to aboriginal justice to which the Parties agree.

13.6.3
Notwithstanding anything in this Agreement, the First Nation of Nacho Nyak Dun shall not exercise its power pursuant to 13.3.17 until the expiry of the time described in 13.6.6, unless an agreement is reached by the Parties pursuant to 13.6.1 and 13.6.2.

13.6.4
Until the expiry of the time described in 13.6.6 or an agreement is entered into pursuant to 13.6.1 and 13.6.2:

13.6.4.1
the First Nation of Nacho Nyak Dun shall have the power to establish penalties of fines up to $5,000 and imprisonment to a maximum of six months for the violation of a law enacted by the First Nation of Nacho Nyak Dun;

13.6.4.2
the Supreme Court of the Yukon Territory, the Territorial Court of Yukon, and the Justice of the Peace Court shall have jurisdiction throughout the Yukon to adjudicate in respect of laws enacted by the First Nation of Nacho Nyak Dun in accordance with the jurisdiction designated to those courts by Yukon Law except that any offence created under a law enacted by the First Nation of Nacho Nyak Dun shall be within the exclusive original jurisdiction of the Territorial Court of the Yukon;

13.6.4.3
any offence created under a law enacted by the First Nation of Nacho Nyak Dun shall be prosecuted as an offence against an enactment pursuant to the Summary Convictions Act, R.S.Y. 1986, c. 164 by prosecutors appointed by the Yukon; and

13.6.4.4
any term of imprisonment ordered by the Territorial Court of the Yukon pursuant to 13.6.4.1 shall be served in a correctional facility pursuant to the Corrections Act. R.S.Y., 1986, c. 36.

13.6.5
Nothing in 13.6.4 is intended to preclude:

13.6.5.1
consensual or existing customary practices of the First Nation of Nacho Nyak Dun with respect to the administration of justice; or

13.6.5.2
programs and practices in respect of the administration of justice, including alternate sentencing or other appropriate remedies, to which the Parties agree before an agreement is concluded pursuant to 13.6.1 and 13.6.2.

13.6.6
The provisions in 13.6.4 are interim provisions and shall expire five years from the Effective Date or on the effective date of the agreement concluded pursuant to 13.6.1 and 13.6.2, whichever is earlier. If the Parties fail to reach an agreement pursuant to 13.6.1 and 13.6.2 during the five year period then the interim provisions shall extend for a further term ending December 31, 1999.

13.6.7
All new and incremental costs of implementing the interim provisions in 13.6.4 incurred by the Yukon shall be paid by Canada in accordance with guidelines to be negotiated by the Yukon and Canada.

14.0 TAXATION

14.1
The First Nation of Nacho Nyak Dun shall have the power to enact laws in relation to:

14.1.1
taxation, for local purposes, of interests in Settlement Land and of occupants and tenants of Settlement Land in respect of their interests in those lands, including assessment, collection and enforcement procedures and appeals relating thereto;

14.1.2
other modes of direct taxation of Citizens (and, if agreed under 14.5.2, other persons and entities) within Settlement Land to raise revenue for First Nation of Nacho Nyak Dun purposes; and

14.1.3
the implementation of measures made pursuant to any taxation agreement entered into pursuant to 14.8. 14.2 The First Nation of Nacho Nyak Dun's powers provided for in 14.1 shall not limit Government's powers to levy tax or make taxation laws.

14.3
The First Nation of Nacho Nyak Dun shall not exercise its power to enact laws pursuant to 14.1.1 until the expiration of three years following the Effective Date, or until such earlier time as may be agreed between the First Nation of Nacho Nyak Dun and the Yukon.

14.4
The First Nation of Nacho Nyak Dun shall not exercise its power to enact laws pursuant to 14.1.2 until the expiration of three years following the Effective Date.

14.5
After the expiration of one year following the Effective Date, or at such earlier time as may be agreed by Canada and the First Nation of Nacho Nyak Dun, Canada and the First Nation of Nacho Nyak Dun shall make reasonable efforts to negotiate agreements on:

14.5.1
the manner in which the First Nation of Nacho Nyak Dun's power to enact taxation laws under 14.1.2 shall be co-ordinated with existing tax systems; and

14.5.2
the extent, if any, to which the power provided for in 14.1.2 should be extended to apply to other persons and entities within Settlement Land.

14.6
When the First Nation of Nacho Nyak Dun exercises its jurisdiction, or assumes responsibility, for the management, administration and delivery of local services and, as a consequence, exercises property taxation powers under 14.1.1, the Yukon shall undertake to ensure a sharing of tax room in respect of property taxes consistent with equitable and comparable taxation levels.

14.6.1
To the extent that the First Nation of Nacho Nyak Dun imposes property taxation for local purposes, the Yukon shall ensure that Yukon municipalities do not incur any consequential net loss.

14.6.2
The First Nation of Nacho Nyak Dun and the Yukon shall enter into negotiations as necessary to provide for the efficient delivery of local services and programs.

14.7
Where, following the ratification date of this Agreement, Parliament enacts Legislation providing:

14.7.1
taxation powers to an Indian government other than those provided for in this Agreement; or

14.7.2
tax exemptions for an Indian government, or an entity owned by an Indian government, other than those provided for in this Agreement, Canada shall, upon the request in writing of the First Nation of Nacho Nyak Dun, recommend Legislation to the appropriate legislative authority to provide the First Nation of Nacho Nyak Dun with those other powers or exemptions on the same terms as are set out in the Legislation which provides the powers or exemptions to the other Indian government or entity.

14.8
The Yukon Minister of Finance may enter into taxation agreements with the First Nation of Nacho Nyak Dun.

15.0 TAXATION STATUS

15.1
The First Nation of Nacho Nyak Dun shall, for the purposes of paragraph 149( 1 )(c) of the Income Tax Act, S.C.I 970-71 -72, c. 63 be deemed to be a public body performing a function of government in Canada for each taxation year of the First Nation of Nacho Nyak Dun where, at all times before the end of the year:

15.1.1
all of its real property and all or substantially all of its tangible personal property was situate on Settlement Land;

1 5.1.2
it did not carry on any business other than a business carried on by it on Settlement Land, the primary purpose of which was to provide goods or services to Citizens or residents of Settlement Land; and

15.1.3
all or substantially all of its activities were devoted to the exercise of its powers of government authorized under this Agreement, Self-Government Legislation, its Settlement Agreement or Settlement Legislation, and for these purposes the taxation year of the First Nation of Nacho Nyak Dun shall be the calendar year or such other fiscal period as the First Nation of Nacho Nyak Dun may elect.

15.2
Nothing in this Agreement shall affect the taxation status of Settlement Corporations as provided for in Chapter 20 of the Final Agreement.

15.3
No tax shall be payable under the Income Tax Act, S.C. 1970-71-72, c. 63 for a taxation year on the income, property or capital of a corporation, in this clause referred to as "the subsidiary", where, at all times before the end of the year:

1 5.3.1
all the shares and capital of the subsidiary are owned by the First Nation of Nacho Nyak Dun or by another subsidiary that satisfies the requirements of 15.3.1, 15.3.2, 15.3.3, 15.3.4 and 15.3.5;

15.3.2
no part of the earnings of the subsidiary are available to any person other than the First Nation of Nacho Nyak Dun or to another subsidiary that satisfies the requirements of 15.3.1, 15.3.2, 15.3.3, 15.3.4 and 15.3.5;

15.3.3
all of the real property and all or substantially all of the tangible personal property of the subsidiary is situate on Settlement Land;

15.3.4
the subsidiary did not carry on any business other than a business carried on by it on Settlement Land, the primary purpose of which was to provide goods or services to Citizens or residents of Settlement Land, provided that any revenue arising from the provision of goods or services to persons other than Citizens or residents of Settlement Land comprises only an incidental portion of the total revenue from the business; and

15.3.5
the subsidiary was not a Settlement Corporation established pursuant to Chapter 20 of the Final Agreement.

15.4
Where the First Nation of Nacho Nyak Dun is deemed to be a public body under 15.1 for a particular year, no income tax will be imposed on the First Nation of Nacho Nyak Dun by the Yukon in respect of that year.

15.5
Where, under 15.3, no income tax is payable by a subsidiary for a particular year, no income tax will be imposed on the subsidiary by the Yukon in respect of that year.

16.0 SELF-GOVERNMENT FINANCIAL TRANSFER AGREEMENT

16.1
Canada and the First Nation of Nacho Nyak Dun shall negotiate a self-government financial transfer agreement in accordance with 16.3, with the objective of providing the First Nation of Nacho Nyak Dun with resources to enable the First Nation of Nacho Nyak Dun to provide public services at levels reasonably comparable to those generally prevailing in Yukon, at reasonably comparable levels of taxation.

16.2
Subject to such terms and conditions as may be agreed, the selfgovernment financial transfer agreement shall set out:

16.2.1
the amounts of funding to be provided by Canada towards the cost of public services, where the First Nation of Nacho Nyak Dun has assumed responsibility;

16.2.2
the amounts of funding to be provided by Canada towards the cost of operation of First Nation of Nacho Nyak Dun government institutions; and

16.2.3
such other matters as Canada and the First Nation of Nacho Nyak Dun may agree.

16.3
In negotiating the self-government financial transfer agreement, Canada and the First Nation of Nacho Nyak Dun shall take into account the following:

16.3.1
the ability and capacity of the First Nation of Nacho Nyak Dun to generate revenues from its own sources;

16.3.2
diseconomies of scale which impose higher operating or administrative costs on the First Nation of Nacho Nyak Dun, in relation to costs prevailing prior to conclusion of this Agreement;

16.3.3
due regard to economy and efficiency, including the possibilities for co-operative or joint arrangements among Yukon First Nations for the management, administration and delivery of programs or services;

16.3.4
any funding provided to the First Nation of Nacho Nyak Dun through other Government transfer programs;

16.3.5
demographic features of the First Nation of Nacho Nyak Dun;

16.3.6
results of reviews pursuant to 6.6;

16.3.7
existing levels of Government expenditure for services to Yukon First Nations and Yukon Indian People;

16.3.8
the prevailing fiscal policies of Canada;

16.3.9
other federal Legislation respecting the financing of aboriginal governments; and

16.3.10
such other matters as Canada and the First Nation of Nacho Nyak Dun may agree.

16.4
To assist in the negotiation of self-government financial transfer agreements, Government and the First Nation of Nacho Nyak Dun shall:

16.4.1
take into account the direct and indirect costs to Government, over such period as the Parties may agree, of managing, administering and delivering a particular program or service for which the First Nation of Nacho Nyak Dun is assuming responsibility;

16.4.2
subject to the restrictions described in 2.7.0 of the Final Agreement, disclose all relevant information for the purposes of 16.4.1;

16.4.3
consider the establishment of a base year and appropriate adjustment factors for determining the resources to be provided; and

16.4.4
consider, without prejudice, the method for calculating the formula financing grant under the Formula Financing Agreement between Canada and the Yukon.

16.5
Self-government financial transfer agreements may consolidate federal program funding (operating and capital programs) for the First Nation of Nacho Nyak Dun.

16.6
Payments pursuant to the self-government financial transfer agreement shall be provided on an unconditional basis except where criteria or conditions are attached to the provision of funding for similar programs or services in other jurisdictions in Canada.

16.7
The First Nation of Nacho Nyak Dun may continue to access federal program funding for those programs not consolidated in the selfgovernment financial transfer agreement in accordance with program authorities and conditions in effect from time to time.

16.8
Financial compensation paid:

16.8.1
to Yukon First Nations in accordance with Chapter 19 of the Umbrella Final Agreement; and

16.8.2
to the First Nation of Nacho Nyak Dun pursuant to Chapter 19 of the Final Agreement, and the proceeds from investments of the financial compensation described in 16.8.1 and 16.8.2, shall not be taken into account for the purposes of determining the level of funding provided through self-government financial transfer agreements.

16.9
Funding pursuant to self-government financial transfer agreements shall be provided in the form of grants or other arrangements as appropriate.

16.10
Any amounts required for the purposes of the self-government financial transfer agreement shall be paid out of such monies as may be appropriated by Parliament for those purposes.

16.11
Unless otherwise agreed, a self-government financial transfer agreement shall be for a term of five years.

16.12
At least one year prior to the date of expiry of the then current selfgovernment financial transfer agreement Canada and the First Nation of Nacho Nyak Dun shall begin negotiating the terms of a new self-government financial transfer agreement. Until a new agreement has been concluded, the financing provisions of the expiring self-government financial transfer agreement, other than those dealing with start-up and one-time cost, shall continue for a further two years or for such period as may be agreed by Canada and the First Nation of Nacho Nyak Dun.

16.13
The self-government financial transfer agreement shall be attached to but not form part of this Agreement and it shall be a contract between Canada and the First Nation of Nacho Nyak Dun.

16.14
The level of funding provided pursuant to the self-government financial transfer agreement may be adjusted annually according to a formula to be agreed upon by Canada and the First Nation of Nacho Nyak Dun.

16.15
When the self-government financial transfer agreement is renegotiated, the First Nation of Nacho Nyak Dun and Government shall review the cost-sharing arrangements.

16.16
The first self-government financial transfer agreement of the First Nation of Nacho Nyak Dun shall be negotiated at the same time as the implementation plan for this Agreement.

16.17
Nothing in 16.0 shall affect the ability of the First Nation of Nacho Nyak Dun to exercise, or benefit from, any rights that it may become entitled to under future provisions of the constitution of Canada.

17.0 PROGRAMS AND SERVICES

17.1
During the term of a self-government financial transfer agreement the First Nation of Nacho Nyak Dun and Government shall negotiate the assumption of responsibility by the First Nation of Nacho Nyak Dun for the management, administration and delivery of any program or service within the jurisdiction of the First Nation of the Nacho Nyak Dun, whether or not the First Nation of Nacho Nyak Dun has enacted a law respecting such matter.

17.2
The First Nation of Nacho Nyak Dun shall notify Government by March 31st of each year of its priorities for negotiations pursuant to 1 7.1 for the fiscal year beginning April 1st of that year. Within 60 days of receipt of such notification, the Parties shall prepare a workplan to address the First Nation of Nacho Nyak Dun's priorities for negotiation. The workplan shall identify timelines and resources available for negotiations.

17.3
Negotiations pursuant to 17.1 shall have the following objectives:

17.3.1
to provide resources adequate to ensure that the program or service to be offered by the First Nation of Nacho Nyak Dun is of a level or quality equivalent to the Government program or service and existing program or service quality is not diminished;

17.3.2
to provide for mechanisms of co-operation and coordination, as appropriate, between the First Nation of Nacho Nyak Dun government and governments at a local, territorial and federal level to ensure the effective and efficient delivery of the program or service;

1 7.3.3
to consider financial and administrative limitations and to promote administrative efficiency and economies of scale;

17.3.4
to provide for local management and delivery of the program or service;

17.3.5
to provide mechanisms for negotiating basic common standards between Government and First Nation of Nacho Nyak Dun programs and services; and

17.3.6
to identify the scope of the Parties' authority.

17.4
An agreement concluded pursuant to 1 7.1 shall include a program and service implementation plan and identify the training requirements to be addressed in that plan.

17.5
Canada and the First Nation of Nacho Nyak Dun may agree to consolidate the funding provided for in an agreement entered into pursuant to 17.1 with the funding provided pursuant to the selfgovernment financial transfer agreement, which consolidation may take effect either at the commencement of the next fiscal year or at the commencement of the term of the next self-government financial transfer agreement.

17.6
Any responsibility assumed by the First Nation of Nacho Nyak Dun in an agreement entered into pursuant to 17.1 shall be funded by interim financing arrangements which shall be in accordance with 16.1.

18.0 GOVERNMENT OF THE YUKON FINANCIAL CONTRIBUTIONS

18.1
The contribution of the Yukon shall be subtracted from the expenditure base of any fiscal transfer arrangement in effect at the time, and shall be calculated by Government to be the aggregate of the following:

18.1.1
the savings in expenditures realized by the Yukon as a result of the First Nation of Nacho Nyak Dun's assumption of responsibility for programs and services, taking into account efficiency and economy as well as losses in efficiency that result from the Yukon's continuing responsibility for such programs and services; minus

18.1.2
an amount equal to losses in tax revenues resulting from the First Nation of Nacho Nyak Dun occupying tax room previously occupied by the Yukon, but only if the revenue capacity associated with the tax room previously occupied by the Yukon remains included in the revenue capacity of the Yukon for the purpose of determining the federal fiscal transfer; minus

18.1.3
the monetary value of technical assistance and other contributions in kind provided by the Yukon; as well as

18.1.4
any other factors as Canada and the Yukon may agree,

but in all cases, the Yukon shall continue to have the capacity to provide to Yukon residents the services for which it remains responsible, at a level or quality comparable to those prevailing prior to assumption of responsibility by the First Nation of Nacho Nyak Dun for the programs and services.

18.2
Any one-time net savings to the Yukon resulting from the First Nation of Nacho Nyak Dun's assumption of responsibilities shall be paid by the Yukon to Canada in instalments of an amount and in accordance with a schedule to be agreed upon.

18.3
The calculation of net savings pursuant to 18.0 shall be made solely at the time that the First Nation of Nacho Nyak Dun initially assumes responsibility for that program or service or part thereof.

18.4
Should there be no fiscal transfer arrangement as contemplated in 18.1 that is in effect at the time, then the Yukon contribution shall be provided for under an agreement to be negotiated by Canada and the Yukon, and shall be based on the stipulations enumerated in 18.1.

19.0 FIRST NATION OF NACHO NYAK DUN REVENUE

19.1
If the First Nation of Nacho Nyak Dun has access to a tax base, the revenue capacity associated with that tax base may be considered in determining the level of funding to be received pursuant to the First Nation of Nacho Nyak Dun self-government financial transfer agreement, provided that:

19.1.1
the revenue capacity associated with the tax base will be subject to offset at a ratio of less than 1:1;

19.1.2
any such revenue capacity shall be excluded entirely from such consideration for a period of two years following the date that the First Nation of Nacho Nyak Dun obtains access to that tax base; and

19.1.3
the tax rate or rates used to measure revenue capacity during a further period beyond the initial two years shall take into account the capability of the First Nation of Nacho Nyak Dun to exploit that tax base.

20.0 LAWS OF CANADA AND THE YUKON

20.1
The First Nation of Nacho Nyak Dun has the power to adopt any Law of the Yukon or Canada as its own law in respect of matters provided for in this Agreement.

20.2
The Statutory Instruments Act, R.S.C. 1985, c. S-22, does not apply to a law enacted by the First Nation of Nacho Nyak Dun.

21.0 PUBLIC REGISTER OF LAWS AND NOTIFICATION PROVISIONS

21.1
The First Nation of Nacho Nyak Dun government shall maintain at its principal administrative offices a register of all laws enacted by the First Nation of Nacho Nyak Dun.

21.2
The First Nation of Nacho Nyak Dun shall enter into negotiations with other Yukon First Nations with a view to concluding an agreement to establish a central registry of constitutions and laws enacted by Yukon First Nations.

21.3
Every law enacted by the First Nation of Nacho Nyak Dun and any amendment thereto and the Constitution and any amendment thereto shall be entered in their entirety into the register forthwith upon approval, adoption or enactment and also shall be forwarded forthwith to the central registry.

21.4
Any person shall have reasonable access to the registries during normal business hours.

21.5
The First Nation of Nacho Nyak Dun shall forward to Government a list of Citizens and any alterations to that list forthwith after they occur.

22.0 FINANCIAL ACCOUNTABILITY

22.1
The First Nation of Nacho Nyak Dun shall prepare, maintain and publish its accounts in a manner consistent with the standards generally accepted for governments in Canada.

23.0 IMPLEMENTATION

23.1
The Parties shall conclude an implementation plan as soon as practicable.

23.2
If the implementation plan has not been completed at the time this Agreement is ratified by the First Nation of Nacho Nyak Dun, the First Nation of Nacho Nyak Dun shall be deemed to have delegated to the Chief and Council of the First Nation of Nacho Nyak Dun the authority to negotiate and approve the implementation plan on behalf of the First Nation of Nacho Nyak Dun.

23.3
The First Nation of Nacho Nyak Dun shall approve the implementation plan before it is approved by Government.

23.4
Canada shall seek approval of the implementation plan at the same time Canada seeks ratification of this Agreement.

23.5
The implementation plan referred to in 23.1 shall be attached to but not form part of this Agreement and it shall be a contract between the Parties, and, to the extent practicable, it shall be co-ordinated with the implementation plan for the Final Agreement.

24.0 DISPUTE RESOLUTION

24.1
If the First Nation of Nacho Nyak Dun and Canada do not agree to the terms of a self-government financial transfer agreement provided for in 16.0, either party may refer the matter to mediation under 26.4.0 of the Final Agreement.

24.2
If the First Nation of Nacho Nyak Dun, Canada, or the Yukon do not agree:

24.2.1
to the calculation of the contribution of the Yukon provided for in 18.1; or,

24.2.2
in the negotiations for the transfer of programs or services provided for in 17.0, any party may refer the matter to mediation under 26.4.0 of the Final Agreement.

24.3
A dispute respecting this Agreement not described in 24.1 or 24.2 may be referred to mediation under 26.4.0 of the Final Agreement upon agreement of the Parties.

24.4
The parties to a dispute described in 24.1 to 24.3 which is not resolved by mediation under 26.6.0 of the Final Agreement may agree to refer the dispute to arbitration under 26.7.0 of the Final Agreement and the arbitrator shall have the authority provided in 26.7.3 of the Final Agreement to resolve the dispute.

24.5
Subject to 26.8.0 of the Final Agreement, no party may apply to any court for relief in respect of any dispute which has been referred to arbitration under 24.4, except for an application for interim or interlocutory relief where the board has failed to appoint an arbitrator under 26.7.2 of the Final Agreement within 60 days of an application by any party to the dispute.

25.0 COMPATIBLE LAND USE

25.1
In respect of the Settlement Land described in Appendix A and adjacent Non-Settlement Land:

25.1.1
the First Nation of Nacho Nyak Dun, and the Yukon or a municipality within the Traditional Territory, may establish a joint planning structure:

25.1.1.1
to develop or recommend amendments to a territorial, municipal or First Nation of Nacho Nyak Dun community or area development land use plan; or,

25.1.1.2
to carry out other activities to promote compatible land use;

25.1.2
where a proposed land use of Non-Settlement Land may have significant impact on the use of adjacent Settlement Land, the Yukon or the affected municipality, as the case may be, shall Consult with the First Nation of Nacho Nyak Dun for the purpose of resolving an actual or potential incompatibility in land use of the Non-Settlement Land and adjacent Settlement Land;

25.1.3
where a proposed land use of Settlement Land may have a significant impact on the use of adjacent Non- Settlement Land, the First Nation of Nacho Nyak Dun shall Consult with the Yukon or the affected municipality, as the case may be, for the purpose of resolving an actual or potential incompatibility in land use of the Settlement Land and adjacent Non- Settlement Land;

25.1.4
unless otherwise agreed by the First Nation of Nacho Nyak Dun, and the Yukon or the affected municipality, as the case may be:

25.1.4.1
a proposed land use of Non-Settlement Land shall not have a significant adverse impact on the peaceful use and enjoyment of adjacent Settlement Land; and

25.1.4.2
a proposed land use of Settlement Land shall not have a significant adverse impact on the peaceful use and enjoyment of adjacent Non- Settlement Land.

25.2
Where Consultation pursuant to 25.1.2 or 25.1.3 does not resolve an actual or potential incompatibility in land use, the First Nation of Nacho Nyak Dun, the Yukon or the affected municipality, may refer the matter to dispute resolution pursuant to 26.4.0 of the Final Agreement.

25.2.1
The parties to a dispute referred to dispute resolution pursuant to 25.2 which is not resolved by mediation under 26.6.0 of the Final Agreement may agree to refer the dispute to arbitration under 26.7.0 of the Final Agreement.

25.2.2
An arbitrator appointed to hear a dispute pursuant to 25.2 shall have the authority as set out in 26.7.3 of the Final Agreement and the authority to make recommendations to a party to the dispute to:

25.2.2.1
change or vary an existing or proposed land use;

25.2.2.2
modify a land use plan or area development regulation; and

25.2.2.3
prepare a new zoning by-law or amend an existing zoning by-law.

25.2.3
In making a recommendation in respect of a dispute referred to in 25.2, the arbitrator shall not give any more weight to the fact that a territorial, municipal or First Nation of Nacho Nyak Dun community or area development land use plan, which one party has not had an opportunity to participate in developing, is completed than to any other factor to be taken into consideration.

26.0 LOCAL SERVICE AGREEMENTS

26.1
The First Nation of Nacho Nyak Dun may enter into agreements with another Yukon First Nation, a municipality, or Government, to provide for such matters as municipal or local government services, joint planning, zoning or other land use control.

26.2
Any agreement entered into pursuant to 26.1 respecting a municipal or local government service shall:

26.2.1
ake into account the cost of providing that service;

26.2.2
provide for a process to resolve disputes which arise in respect of the agreement or the provision of the service; and

26.2.3
provide that the parties to such agreement, and their respective corporations, as the case may be, shall pay similar rates for user-pay municipal or local government services as are paid by property owners in the same or similar communities.

27.0 REGIONAL OR DISTRICT STRUCTURES

27.1
The First Nation of Nacho Nyak Dun and Government may agree to develop a process for consulting affected residents regarding the establishment of common administrative and planning structures for part or all of the Traditional Territory.

27.2
Where affected residents have been consulted through a process developed pursuant to 27.1 and the First Nation of Nacho Nyak Dun or Government is satisfied that affected residents support the establishment of a common administrative and planning structure, the First Nation of Nacho Nyak Dun or Government, as the case may be, may request the other party to enter into negotiations respecting the establishment of a common administrative and planning structure.

27.3
In the negotiations referred to in 27.2, the First Nation of Nacho Nyak Dun and Government may agree to establish a common administrative and planning structure within part or all of the Traditional Territory.

27.4
A common administrative and planning structure established pursuant to 27.3 shall:

27.4.1
remain under the control of all residents of the Traditional Territory or any agreed upon portion of the Traditional Territory; and

27.4.2
include direct representation by the First Nation of Nacho Nyak Dun.

27.5
The First Nation of Nacho Nyak Dun and Government may agree to delegate responsibilities to a common administrative and planning structure established pursuant to 27.3.

27.6
An agreement pursuant to 27.3 to establish a common administrative and planning structure may include provisions respecting:

27.6.1
the detailed powers and responsibilities of the common administrative and planning structure;

27.6.2
the exact manner by which the common administrative and planning structure shall be created;

27.6.3
a process to ensure that the common administrative and planning structure is accountable to all residents of the Traditional Territory or to all residents in any agreed upon portion of the Traditional Territory;

27.6.4
the manner in which the representatives to a common administrative and planning structure shall be selected or elected;

27.6.5
a detailed implementation plan;

27.6.6
financial and cost-sharing arrangements; and

27.6.7
such other matters as the First Nation of Nacho Nyak Dun and Government may agree.

28.0 MAYO COMMUNITY LANDS

28.1
In respect of the Settlement Land described in Part 1 of Appendix B, the First Nation of Nacho Nyak Dun shall not exercise its powers to enact laws in relation to the matters described in Part 2 of Appendix B, unless otherwise agreed by the First Nation of Nacho Nyak Dun and, Government or the Village of Mayo, whichever has responsibility for the matter in question.

29.0 MCQUESTEN RESERVE

29.1
In 29.0, "McQuesten Lands" means the lands in the Indian Act. R.S.C. 1985, c.l-5 reserve described as McQuesten No. 3.

29.2
On the Effective Date, title to the McQuesten Lands shall be vested in the First Nation of Nacho Nyak Dun for the use and benefit of its Citizens.

29.3
The First Nation of Nacho Nyak Dun's title to the McQuesten Lands shall be the same as if the McQuesten Lands were Category A Settlement Land within the meaning of the Final Agreement.

29.4
Subject to 29.5, on the Effective Date, the First Nation of Nacho Nyak Dun's title to the McQuesten Lands shall continue to be subject to any lawful rights or interests of third parties to which the McQuesten Lands are subject immediately prior to the Effective Date.

29.5
On the Effective Date, all rights and interests in the McQuesten Lands of Canada and of the Indian Act, R.S.C. 1985, c. 1-5, Nacho Nyak Dun Indian Band shall cease to exist.

29.6
Canada shall be held harmless by the First Nation of Nacho Nyak Dun for the vesting of the McQuesten Lands in the First Nation of Nacho Nyak Dun in accordance with 29.0.

29.7
The Indian Act. R.S.C. 1985, c. 1-5 shall cease to apply to the McQuesten Lands and this Agreement shall apply to the McQuesten Lands as if they were Settlement Land.

29.8
The Final Agreement shall apply to the McQuesten Lands as if they were Category A Settlement Land within the meaning of the Final Agreement.

29.9
The McQuesten Lands shall continue to be lands reserved for the Indians within the meaning of Class 24 of Section 91 of the Constitution Act, 1867.

29.10
Subject to 29.4, the First Nation of Nacho Nyak Dun shall have full power to dispose of the McQuesten Lands and any rights or interests therein, but shall not do so except in accordance with the procedure established in the Constitution.

29.11
Canada shall be held harmless by the First Nation of Nacho Nyak Dun for the management by the First Nation of Nacho Nyak Dun of the McQuesten Lands after the Effective Date.

29.12
The vesting of the McQuesten Lands and all other matters agreed to in 29.0 shall be provided for in Self-Government Legislation and shall take effect by virtue of Self-Government Legislation and not by virtue of the Indian Act, R.S.C. 1985, c. 1-5. For greater certainty, Self-Government Legislation shall provide that the provisions of the Indian Act, R.S.C. 1985, c. 1-5 respecting the surrender and conveyance of lands in a "reserve" are inapplicable to the McQuesten Lands.

29.13
The ratification process under 4.1.3 shall include provision for a ratification instrument that will expressly state that the ratification of this Agreement by the First Nation of Nacho Nyak Dun signifies approval of the vesting of the McQuesten Lands in the First Nation of Nacho Nyak Dun and authorizes Canada to take necessary measures to effect the change in the status of the McQuesten Lands.

29.14
Self-Government Legislation shall provide that Canada is authorized to take necessary measures to effect the change in the status of the McQuesten Lands.

SELECTION	LEGAL DESCRIPTION
C-2FS	Lot 6, Group 1004, Plan 54006 CLSR, 1214 LTO, (FB 13494 CLSR);
C-3FS	Lots 28, 29 and 30, Block 2, Townsite of Mayo, Plan 17544 CLSR, 21592 LTO;
C-4FS	Lot 31, Block 4, Townsite of Mayo, Plan 67077 CLSR, 59667 LTO;
C-5B	Unsurveyed;
C-6B	Unsurveyed;
C-9FS	Lot 9, Group 1004, Plan 54006 CLSR, 1214 LTO, (FB 13494 CLSR);
C-10FS	Lot 1053, Quad 105 M/12, Plan 71665 CLSR, 88-139 LTO and Lots 33, 34, 35, and 39, Group 1004, Plan FB 19560 CLSR;
C-11FS	Lots 16 and 17, Block 4, Townsite of Mayo, Plan 17544 CLSR, 21592 LTO;
C-12FS	Lots 6, 7 and 8, Block 4, Townsite of Mayo, Plan 17544 CLSR, 21592 LTO;
C-13FS	Lots 1, 2, 3, 4, 5, and 6, Block 9, Townsite of Mayo, Plan 17544 CLSR, 21592 LTO;
C-14FS	Portion of Lot 32, Group 1004. Plan 53871 CLSR, 19409 LTO;
C-15FS	Lot 1055, Quad 105 M/12, Plan 71899 CLSR, 89-24 LTO, subject to the transfer of title to the First Nation of Nacho Nyak Dun;
C-16B	Portion of Lot 46, Group 1004, Plan 53829 CLSR, 23456 LTO, (FB 20604 CLSR);
C-17B	Lot 94, Group 1004, Plan 51735 CLSR, 26354 LTO;
C-18B	Easterly portion of Parcel A of Lot 78, Group 1004, Plan 42389 CLSR, 21237 LTO;
C-19FS	Lot 84A, Group 1004, Plan 42389 CLSR, 21237 LTO;
C-20FS	Lot 26, Group 1004, Plan 53871 CLSR, 19409 LTO;
C-21B	Lot 95, Group 1004, Plan 51735 CLSR, 26354 LTO;
C-22B	Lot 1065, Quad 105 M/12, Plan______ CLSR.______ LTO:
C-23FS	Lots 14 and 15, Block 3, Townsite of Mayo, Plan 17544 CLSR, 21592 LTO;
C-24FS	Lots 6 and 7, Block 3, Townsite of Mayo, Plan 17544 CLSR, 21592 LTO;
C-25FS	Lots 1 and 2, Block 2, Townsite of Mayo, Plan 17544 CLSR, 21592 LTO, subject to the transfer of title to the First Nation of Nacho Nyak Dun;
C-26FS	Part of Lot 27 and Lots 28, 29 and 30, Block 1, Townsite of Mayo, Plan 28481 CLSR, 12544 LTO;
C-27FS	Lots 19 and 20, Block 25, Plan 31438 CLSR, 14104 LTO and Lots 32, 33, 34 and 35, Block 25, Townsite of Mayo, Plan 67556 CLSR, 62158 LTO;
C-28FS	Lot 25, Block 26, Townsite of Mayo, Plan 67247 CLSR, 60805 LTO;
C-29FS	Lots 7, 8 and 9, Block 16, Townsite of Mayo, Plan 28481 CLSR, 12544 LTO;
C-30FS	Lot 30, Block 26, Townsite of Mayo, Plan 67247 CLSR, 60805 LTO;
C-31FS	Lots 27 and 28, Block 26, Townsite of Mayo, Plan 67247 CLSR, 60805 LTO;
C-32FS	Lots 2 and 3, Block 33, Townsite of Mayo, Plan 50642 CLSR, 24315 LTO;
C-33-FS	Unsurveyed, subject to the transfer of interest to the First Nation of Nacho Nyak Dun;
C-34FS	Lots 11, 12, 13 and 14, Block 12, Townsite of Mayo, Plan 17544 CLSR, 21592 LTO, subject to the transfer of title to the First Nation of Nacho Nyak Dun;
C-35FS	Lot 31, Block 13, Townsite of Mayo, Plan 67077 CLSR, 59667 LTO;
C-36FS	Lots 31, 32, 33, 34, 35 and 36, Block 23, Townsite of Mayo, Plan 67247 CLSR, 60805 LTO;
C-37FS	Lots 15, 16, 17, 18, 19, 20 and 21, Block 27, Townsite of Mayo, Plan 31438 CLSR, 14104 LTO;
C-38FS	Lots 24, 25, 26, 27 and 28. Block 24, Townsite of Mayo, Plan 67247 CLSR, 60805 LTO;
C-41FS	Lots 26, 27, 28, 29 and 30, Block 9, Townsite of Mayo, Plan 17544 CLSR, 21592 LTO;
C-44F	Lots 22, 23 and 24, Block 4, Townsite of Mayo, Plan 17544 CLSR, 21592 LTO;
C-45FS	Lots 37 and 38, Block 23, Townsite of Mayo, Plan 67556 CLSR, 62158 LTO;
C-46FS	Lots 40, 41 and 42, Block 23, Townsite of Mayo, Plan 67556 CLSR, 62158 LTO;
C-48B	Unsurveyed;
C-53FS	Lot 84B, Group 1004, Plan 42389 CLSR, 21237 LTO; and
C-54B	Portion of Parcel A, Lot 78, Group 1004, Plan 42389 CLSR, 21237 LTO.

SELECTION	LEGAL DESCRIPTION
C-3FS	Lots 28, 29 and 30, Block 2, Townsite of Mayo, Plan 17544 CLSR, 21592 LTO;
C-4FS	Lot 31, Block 4, Townsite of Mayo, Plan 67077 CLSR, 59667 LTO;
C-11FS	Lots 16 and 17, Block 4, Townsite of Mayo, Plan 17544 CLSR, 21592 LTO;
C-12FS	Lots 6, 7 and 8, Block 4, Townsite of Mayo, Plan 17544 CLSR, 21592 LTO;
C-13FS	Lots 1, 2, 3, 4, 5, and 6, Block 9, Townsite of Mayo, Plan 17544 CLSR, 21592 LTO;
C-23FS	Lots 14 and 15, Block 3, Townsite of Mayo, Plan 17544 CLSR, 21592 LTO;
C-24FS	Lots 6 and 7, Block 3, Townsite of Mayo, Plan 17544 CLSR, 21592 LTO;
C-25FS	Lots 1 and 2, Block 2, Townsite of Mayo, Plan 17544 CLSR, 21592 LTO, subject to the transfer of title to the First Nation of Nacho Nyak Dun;
C-26FS	Part of Lot 27 and Lots 28, 29 and 30, Block 1, Townsite of Mayo, Plan 28481 CLSR, 12544 LTO;
C-27FS	Lots 19 and 20, Block 25, Plan 31438 CLSR, 14104 LTO and Lots 32, 33, 34 and 35, Block 25, Townsite of Mayo, Plan 67556 CLSR, 62158 LTO;
C-28FS	Lot 25, Block 26, Townsite of Mayo, Plan 67247 CLSR, 60805 LTO;
C-29FS	Lots 7, 8 and 9, Block 16, Townsite of Mayo, Plan 28481 CLSR, 12544 LTO;
C-30FS	Lot 30, Block 26, Townsite of Mayo, Plan 67247 CLSR, 60805 LTO;
C-31FS	Lots 27 and 28, Block 26, Townsite of Mayo, Plan 67247 CLSR, 60805 LTO;
C-32FS	Lots 2 and 3, Block 33, Townsite of Mayo, Plan 50642 CLSR, 24315 LTO;
C-34FS	Lots 11, 12, 13 and 14, Block 12, Townsite of Mayo, Plan 17544 CLSR, 21592 LTO, subject to the transfer of title to the First Nation of Nacho Nyak Dun;
C-35FS	Lot 31, Block 13, Townsite of Mayo, Plan 67077 CLSR, 59667 LTO;
C-36FS	Lots 31, 32, 33, 34, 35 and 36, Block 23, Townsite of Mayo, Plan 67247 CLSR, 60805 LTO;
C-37FS	Lots 15, 16, 17, 18, 19, 20 and 21, Block 27, Townsite of Mayo, Plan 31438 CLSR, 14104 LTO;
C-38FS	Lots 24, 25, 26, 27 and 28, Block 24, Townsite of Mayo, Plan 67247 CLSR, 60805 LTO;
C-41FS	Lots 26, 27, 28, 29 and 30, Block 9, Townsite of Mayo, Plan 17544 CLSR, 21592 LTO;
C-44FS	Lots 22, 23 and 24, Block 4, Townsite of Mayo, Plan 17544 CLSR, 21592 LTO;
C-45FS	Lots 37 and 38, Block 23, Townsite of Mayo, Plan 67556 CLSR, 62158 LTO; and
C-46FS	Lots 40, 41 and 42, Block 23, Townsite of Mayo, Plan 67556 CLSR, 62158 LTO.

 

The First Nation of Nacho Nyak Dun powers referred to in 28.1 are those powers enumerated in:

13.3.5;
13.3.8;
13.3.9;
13.3.10;
13.3.11;
13.3.16;
13.3.17;
13.3.18;
13.3.19;
13.3.20; and
13.3.21.

1.0 DEFINITIONS

1.1

In this schedule the following definitions shall apply:

"Official Enrollment List" means the official enrollment list for the First Nation of Nacho Nyak Dun prepared by the Enrollment Commission pursuant to Chapter 3 of the Final Agreement;

"Official Voters List" means the official voters list prepared by the Ratification Committee pursuant to 4.1 of Schedule A to Chapter 2 of the Final Agreement;

"Ratification Committee" means the Ratification Committee established pursuant to 3.1 of Schedule A to Chapter 2 of the Final Agreement.

2.0 GENERAL

2.1
Ratification of this Agreement by the First Nation of Nacho Nyak Dun, in accordance with this schedule, shall be considered ratification by all persons eligible to be Citizens.

2.2
This Agreement shall be ratified by the First Nation of Nacho Nyak Dun before being considered for ratification by Canada and the Yukon.

2.3
The First Nation of Nacho Nyak Dun shall prepare a budget for the ratification process subject to review and approval by Canada. The approved expenses shall be a charge on Canada.

3.0 SPECIAL MEETING OF THE ASSEMBLY

3.1
The Chief and the First Nation Council of Nacho Nyak Dun shall, when they determine the information campaign described in 4.0 has been successfully completed, call a meeting of the Assembly to consider this Agreement, which shall be the same meeting as called to consider the First Nation of Nacho Nyak Dun Final Agreement.

3.2
If the Assembly approves this Agreement, the Ratification Committee shall conduct the voting process described in 5.0.

3.3
The Chief and First Nation Council of Nacho Nyak Dun shall provide the Ratification Committee and Government with a resolution certifying that the provisions of 3.1 and 3.2 have been complied with and Government and the Ratification Committee shall be entitled to rely on that resolution as conclusive evidence of compliance with 3.1 and 3.2.

4.0 INFORMATION CAMPAIGN

4.1
The Ratification Committee shall be responsible for affording eligible voters a reasonable opportunity to review the substance and details of this Agreement through the use of a communications strategy which may include videos, information booklets, community visits, door to door visits and accurate map reproductions.

5.0 VOTING PROCESS

5.1
All persons who are on the Official Voters List shall be entitled to vote.

5.2
The voting process for ratification of this Agreement shall be the same as that determined for ratification of the Final Agreement pursuant to 6.0 of Schedule A to Chapter 2 of the Final Agreement, including:

5.2.1
the date or dates, the location and the methods of the vote and any advance vote;

5.2.2
the posting of notices; and

5.2.3
the tabulation of all ballots.

5.3
The appearance, format, and contents of the ballot shall be approved by the Parties to this Agreement.

6.0 RATIFICATION OF THIS AGREEMENT BY THE FIRST NATION OF NACHO NYAK DUN

6.1
The First Nation of Nacho Nyak Dun shall be considered to have ratified this Agreement if:

6.1.1
the Chief and First Nation Council of Nacho Nyak Dun call a meeting of the Assembly pursuant to 3.1;

6.1.2
the Assembly approves this Agreement pursuant to 3.2; and

6.1.3
no less than fifty percent plus one of the eligible voters cast a ballot approving this Agreement pursuant to 5.0.

6.2
The Ratification Committee shall tabulate and publish figures showing the total number of ballots cast, the total number of ballots approving this Agreement, the total number not approving this Agreement, the total number of ballots spoiled, and the total number of ballots rejected. The Ratification Committee shall publish these results in the communities in which the Official Voters List was published pursuant to 4.2 of Schedule A to Chapter 2 of the Final Agreement and may publish the results in such other locations as the Ratification Committee determines.

6.3
The Ratification Committee shall prepare and submit to the Parties to this Agreement, within two weeks of publication of the results, a report on the carrying out of its responsibilities in this ratification process.

7.0 RATIFICATION OF THIS AGREEMENT BY GOVERNMENT

7.1
After the Ratification Committee conducts the vote, publishes the results, and reports to the Parties under 6.3, and if the results of the vote constitute a ratification of this Agreement by the First Nation of Nacho Nyak Dun, this Agreement shall, within three months of its ratification by the First Nation of Nacho Nyak Dun or as soon as practicable thereafter, be considered by Government for ratification. 7.2 After ratification of this Agreement by the First Nation of Nacho Nyak Dun but prior to submission of this Agreement for ratification by Canada, the negotiators, on behalf of Government, and the Chief, on behalf of the First Nation of Nacho Nyak Dun, may agree to minor amendments to this Agreement.

8.0 SIGNING OF THIS AGREEMENT

8.1
This Agreement shall be signed by representatives of the First Nation of Nacho Nyak Dun, Canada and the Yukon as soon as practicable after ratification by Government.