11.1 DEFINITIONS

11.1.1
The following definitions apply in this chapter.

"compensation" means a cash payment, either lump sum or a periodic payment, or non-monetary compensation such as replacement or substitution of damaged or lost property or equipment or relocation or transportation of Tlicho Citizens or equipment to a different harvesting locale or a combination of such elements.

"project" does not include a wildlife harvesting activity or naturalist activity.

11.2 GENERAL

11.2.1
A developer is liable absolutely, without proof of fault or negligence, for the following losses and damage, suffered by a Tlicho Citizen or the Tlicho First Nation as a result of a project wholly or partly in Monfwi Gogha De Niitlee (NWT) in which that developer is engaged:

(a) loss or damage to property or equipment used in wildlife harvesting under 10.1.1 or to wildlife harvested under 10.1.1;

(b) present and future loss of income from wildlife harvesting under 10.1.1; and

(c) present and future loss of wildlife harvested under 10.1.1.

11.2.2
A developer shall not be liable under 11.2.1 for losses suffered by a Tlicho Citizen or the Tlicho First Nation as a result of the establishment of a national park or protected area, or any lawful activity within a national park or protected area, except for direct loss or damage to property or equipment used in wildlife harvesting under 10.1.1 or to wildlife harvested under 10.1.1.

11.2.3
A Tlicho Citizen and the Tlicho Government shall make their best efforts to mitigate any losses or damage referred to in 11.2.1.

11.2.4
If agreement has not been reached between a developer and a Tlicho Citizen or the Tlicho Government with respect to a claim for compensation within 30 days of the submission of a claim in writing by the Tlicho Citizen or the Tlicho Government, either party may refer the dispute for resolution in accordance with chapter 6.

11.2.5
Following a reference under 11.2.4, if an arbitrator is appointed under 6.5, that arbitrator shall determine whether the developer is liable under 11.2.1 and, if so, what compensation to award, and may also

(a) provide for future review of the compensation award, if appropriate;

(b) recommend that the developer, the Tlicho Citizen or the Tlicho Government take or refrain from taking certain action in order to mitigate further loss or damage; and

(c) on review of a previous award, determine whether the developer, the Tlicho Citizen or the Tlicho Government has adopted any mitigative recommendations made under that previous award.

11.2.6
A Tlicho Citizen or the Tlicho Government that refers a dispute respecting a claim for compensation under this chapter for resolution in accordance with chapter 6, cannot exercise any right they might have otherwise had to resolve the dispute in a court.

11.2.7
Nothing in this chapter is intended to limit the ability of the Tlicho Government to negotiate with a developer with respect to compensation for losses in relation to wildlife harvesting, including the process for settling and resolving claims. Any such agreement will be binding on Tlicho Citizens.

11.2.8
Legislation may provide for limits of liability of developers, the burden of proof on claimants, limitation periods for making claims and any other matters not inconsistent with the Agreement.

12.1 GENERAL

12.1.1
The objective of this chapter is to recognize the importance of wildlife and its habitat to the Tlicho First Nation well-being, way of life and land-based economy.

12.1.2
A board to be known as the Wekeezhii Renewable Resources Board is hereby established, as an institution of public government, to perform the functions of wildlife management set out in the Agreement, in Wekeezhii. The Board shall act in the public interest.

12.1.3
Notwithstanding any other provision of the Agreement, the Wekeezhii Renewable Resources Board does not have authority respecting

(a) wildlife or wildlife habitat in a national park; or

(b) fish or fish habitat in Great Slave Lake.

12.1.4
The Wekeezhii Renewable Resources Board and any other authority whose responsibilities include the management of wildlife, wildlife habitat, forests, plants, land or water in Monfwi Gogha De Niitlee (NWT) shall co-ordinate their functions.

12.1.5
In exercising their powers in relation to the management of wildlife, each of the Parties, in respect of Monfwi Gogha De Niitlee (NWT), and the Wekeezhii Renewable Resources Board, in respect of Wekeezhii shall

(a) make management decisions on an ecosystemic basis so as to recognize the interconnection of wildlife with the other components of the physical environment;

(b) apply the principles and practices of conservation;

(c) use the best information available, except that, in the absence of complete information, where there are threats of serious or irreparable damage, lack of complete certainty shall not be a reason for postponing reasonable conservation measures;

(d) monitor and periodically review its management decisions and actions and modify those decisions and actions, on the basis of the results of such monitoring and review; and

(e) consider, where appropriate, public health and public safety issues.

12.1.6
In exercising their powers under this chapter, the Parties and the Wekeezhii Renewable Resources Board shall take steps to acquire and use traditional knowledge as well as other types of scientific information and expert opinion.

12.2 STRUCTURE OF WEKWEETI RENEWABLE RESOURCES BOARD

12.2.1
The Wekeezhii Renewable Resources Board shall have an odd number of members not exceeding nine, one of whom shall be the chairperson.

12.2.2
Excluding the chairperson,

(a) 50 percent of the members of the Wekeezhii Renewable Resources Board shall be appointed by government; and

(b) 50 percent of the members of the Wekeezhii Renewable Resources Board shall be appointed by the Tlicho Government subject to any agreement between the Tlicho Government and another Aboriginal people, including an agreement under 2.7.3 or 2.7.4.

12.2.3
The authorities entitled to appoint members to the Wekeezhii Renewable Resources Board shall consult with each other before making their appointments.

12.2.4
The chairperson shall be nominated by the other members of the Wekeezhii Renewable Resources Board and appointed jointly by the authorities entitled to appoint members of the Board. The members may nominate one of themselves or any other person.

12.2.5
The authorities entitled to appoint members to the Wekeezhii Renewable Resources Board shall endeavour to appoint persons who have knowledge of

(a) wildlife in Wekeezhii, including its harvesting;

(b) wildlife habitat in Wekeezhii;

(c) in relation to (a) and (b), the Aboriginal ways of life of Aboriginal peoples of Wekeezhii; and

(d) the relationship of (a) and (b) to (c).

12.2.6
Wekeezhii Renewable Resources Board members shall not be considered to have a conflict of interest by reason only of being public servants or employees of Aboriginal organizations.

12.2.7
A quorum of the Wekeezhii Renewable Resources Board shall consist of at least three members, including one of the members appointed in accordance with 12.2.2(a) and one of the members appointed in accordance with 12.2.2(b). Subject to this quorum requirement, vacancies shall not prevent the remaining members from acting. The Board may start to operate as soon as members who can constitute a quorum have been appointed.

12.2.8
Each member shall be appointed to hold office for a specific term not to exceed five years. A member may be reappointed.

12.2.9
A member may be removed from office at any time for cause by the authority or authorities which appointed the member.

12.3 ADMINISTRATION

12.3.1
The Wekeezhii Renewable Resources Board shall be accountable to government for its expenditures.

12.3.2
The Wekeezhii Renewable Resources Board shall prepare an annual budget and submit it to government, except that the budget for the first year of operation shall be as set out in the Implementation Plan. The requirement for an annual budget does not prevent government from providing multi-year funding to the Board. Government may approve the budget as submitted or vary it and approve it as varied. The expenses of the Board incurred in accordance with its approved budget shall be a charge on government. The budget shall provide for funds reasonably required to fulfill the mandate of the Board and shall be in accordance with the Government of Canada's Treasury Board guidelines.

12.3.3
The budget of the Wekeezhii Renewable Resources Board may provide for

(a) remuneration and travel expenses for attendance of Board members at Board and committee meetings;

(b) the expenses of public hearings and meetings;

(c) the costs of research, public education and other programs as may be approved by government from time to time; and

(d) the expenses of staff, advisors and consultants and of the operation and maintenance of the office.

12.3.4
The Wekeezhii Renewable Resources Board shall have, subject to its approved budget, such staff, professional and technical advisors and consultants as are necessary for the proper conduct of its affairs.

12.3.5
The Wekeezhii Renewable Resources Board may make by-laws respecting

(a) the calling of meetings of the Board and the conduct of its business at its meetings; and

(b) the establishment of special and standing committees of the Board, the delegation of duties to such committees and the fixing of quorums for meetings of such committees.

12.3.6
The Wekeezhii Renewable Resources Board may make rules respecting consultations to be conducted by it, the procedure for making applications, representations and complaints to it, including the conduct of hearings before it, and generally respecting the conduct of any business before it. The Board shall publish any such rules.

12.3.7
Subject to 12.3.8, the Wekeezhii Renewable Resources Board shall have

(a) the power to summon before it any witnesses and require them to

(i) give evidence, orally or in writing, and on oath or, if they are persons entitled to affirm in civil matters, on solemn affirmation, and

(ii) produce such documents and things as the Board deems requisite to the full investigation of the matters before it; and

(b) the same power to enforce the attendance of witnesses and to compel them to give evidence as is vested in any court of record in civil cases.

12.3.8
The Wekeezhii Renewable Resources Board may not summon before it Ministers of government or the Grand Chief of the Tlicho Government.

12.3.9
The Wekeezhii Renewable Resources Board may consult with government, the Tlicho Government, representatives of other Aboriginal peoples, Tlicho community representatives and the public and may do so by any means including informal meetings or public hearings.

12.3.10
A public hearing may be held by the Wekeezhii Renewable Resources Board where the Board is satisfied that such a hearing is desirable. A public hearing shall be held when the Board intends to recommend or determine a total allowable harvest level in respect of a population or stock of wildlife which has not been subject to a total allowable harvest level within the previous two years. A public hearing may be held at such place or places in Monfwi Gogha De Niitlee (NWT) as the Board may designate.

12.3.11
The Wekeezhii Renewable Resources Board shall establish and maintain a public file for reports, research papers and data received by the Board and for its determinations and recommendations, except that any material furnished on a confidential basis shall not be made public without the consent of the originator.

12.4 POWERS OF WEKWEETI RENEWABLE RESOURCES BOARD

12.4.1
The primary powers of the Wekeezhii Renewable Resources Board are those respecting

(a) wildlife management, as described in 12.5, 12.6 and 12.7;

(b) commercial activities relating to wildlife, as described in 12.10;

(c) forest management, as described in 13.4;

(d) plant management, as described in 14.4; and

(e) protected areas, as described in chapter 16.

12.4.2
The Wekeezhii Renewable Resources Board may, to the extent provided by its approved budget,

(a) monitor wildlife harvesting in Wekeezhii and collect data and conduct or participate in research in relation to such harvesting; and

(b) develop and conduct public education programs respecting wildlife harvesting in Wekeezhii and the management thereof.

12.4.3
Wildlife research and harvesting studies conducted wholly or partly in Wekeezhii or Monfwi Gogha De Niitlee (NWT) by government or by the Wekeezhii Renewable Resources Board or with government assistance shall directly involve the Tlicho Government and Tlicho Citizens to the greatest extent possible and that Government and those Citizens shall cooperate in and assist government or the Board in the context of such research studies.

12.4.4
The Wekeezhii Renewable Resources Board may, to the extent provided by its approved budget, exercise any other powers relating to wildlife harvesting, including those respecting enforcement, assigned to it by a Party.

12.4.5
The Wekeezhii Renewable Resources Board may enter into an agreement with government, or any other entity or person, to receive money to be used by the Board for any purpose described under 12.4.2.

12.5 REVIEW OF PROPOSED WILDLIFE MANAGEMENT ACTIONS

12.5.1
A Party shall, before taking any action for management of wildlife in Wekeezhii, including such actions as set out in a management plan, submit its proposals to the Wekeezhii Renewable Resources Board for review under 12.5.4. These proposals may include provisions respecting such matters as protection or enhancement of habitat, research, identification and reporting requirements, monitoring, total allowable harvest levels, limitations on methods of harvesting and other limitations on harvesting activities, allocations of any total allowable harvest levels, designation of species or stocks at risk and identification of lands where harvesting or access for harvesting is prohibited for safety purposes. The Board may identify types of actions that need not be sent to it for review. In preparing any proposal, a Party shall consult with any other Party or other body with powers to manage any aspect of the proposal.

12.5.2
12.5.1 does not prevent a Party from establishing identification requirements in relation to wildlife harvested, harvesters or persons in possession of wildlife without first submitting them as proposals to the Wekeezhii Renewable Resources Board for review under 12.5.4. In order to facilitate co-ordination, each Party shall consult with the other Parties before establishing such identification requirements.

12.5.3
Any wildlife management plans, limits on wildlife harvesting or regulations respecting wildlife harvesting or other wildlife activities in existence before the effective date remain in effect until replaced, amended or removed under 12.5.

12.5.4
The Wekeezhii Renewable Resources Board shall review a proposal submitted to it under 12.5.1 or 12.11.2. Before making its determination or recommendation under 12.5.5, the Board shall consult with the Party that submitted the proposal and with any other Party or body with powers to manage any aspect of the proposal, including any body with management powers over a national park and, in the case of a proposal respecting wildlife that migrates between Wekeezhii and another area, any body with authority over that wildlife in that other area, with a view to harmonizing the proposal with the actions of such other bodies. If a Party wishes the Board to make its determination or recommendation within a particular period of time, it shall specify that period when submitting its proposal.

12.5.5
The Wekeezhii Renewable Resources Board shall

(a) make a final determination, in accordance with 12.6 or 12.7, in relation to a proposal

(i) regarding a total allowable harvest level for Wekeezhii, except for fish,

(ii) regarding the allocation of portions of any total allowable harvest levels for Wekeezhii to groups of persons or for specified purposes, or

(iii) submitted under 12.11.2 for the management of the Bathurst caribou herd with respect to its application in Wekeezhii; and

(b) in relation to any other proposal, including a proposal for a total allowable harvest level for a population or stock of fish, with respect to its application in Wekeezhii recommend implementation of the proposal as submitted or recommend revisions to it, or recommend it not be implemented.

12.5.6
The Wekeezhii Renewable Resources Board may, without waiting for a proposal from a Party, make the following recommendations or determinations, after consulting with any Party or body with powers to manage any aspect of the subject matter of its recommendation or determination:

(a) recommend actions for management of harvesting in Wekeezhii, including

(i) a total allowable harvest level for any population or stock of fish,

(ii) harvest quotas for wildlife or limits as to location, methods, or seasons of harvesting wildlife, or

(iii) the preparation of a wildlife management plan;

(b) determine a total allowable harvest level for any population of wildlife in Wekeezhii, except for fish, in accordance with 12.6; and

(c) determine the allocation of any total allowable harvest levels for Wekeezhii to groups of persons or for specified purposes, in accordance with 12.7.

12.5.7
The Wekeezhii Renewable Resources Board shall, at the request of a Party, review the way in which rights under 10.1.1, 10.3, 10.4, 13.2 and 14.2 are being exercised and recommend measures to be taken to prevent the use or consumption of wildlife, trees or plants in a manner inconsistent with those provisions.

12.5.8
The Wekeezhii Renewable Resources Board shall forward its determination or recommendation under 12.5.5, 12.5.6, 12.5.7, 13.4.1 or 14.4.1 with written reasons to each Party with powers under its laws to implement the determination or recommendation, indicating the date by which a Party is expected to respond to or implement them, and give public notice of these determinations and recommendations.

12.5.9
Any determination of the Wekeezhii Renewable Resources Board under 12.5.5(a)(i) or (iii) or 12.5.6(b) shall be consistent with any international or domestic intergovernmental agreement given effect by a Party in relation to a population or stock that migrates in or out of Wekeezhii.

12.5.10
Any recommendation of the Wekeezhii Renewable Resources Board under 12.5.5(b) or 12.5.6(a)(ii) regarding methods of harvesting shall be consistent with any international agreement given effect by a Party in relation to humane trapping standards.

12.5.11
Each Party with power under its laws to implement a recommendation of the Wekeezhii Renewable Resources Board made under 12.5.5, 12.5.6, 12.5.7, 13.4.1 or 14.4.1 shall accept, reject or vary such recommendation. In making its decision, each Party shall consult with any other Party or body with power to manage any aspect of the recommendation. Where a Party rejects or varies any recommendation received from the Board, it shall give its decision in writing, with reasons, to the Board and to the other Parties, and shall give public notice of that decision.

12.5.12
Each Party shall, to the extent of its power under legislation or Tlicho laws, establish or otherwise implement

(a) a determination of the Wekeezhii Renewable Resources Board under 12.5.5 or 12.5.6; and

(b) any recommendation of the Board as accepted or varied by it.

12.5.13
If the Wekeezhii Renewable Resources Board fails to make a determination or recommendation under 12.5.5 within any reasonable period of time specified by the Party that submitted the proposal, the Party may, to the extent of its powers under legislation or Tlicho laws, and in accordance with 12.6 and 12.8,

(a) where it is a proposal in respect of which the Board can make a final determination, make the final determination in place of the Board; and

(b) where it is a proposal in respect of which the Board can make a recommendation, exercise those powers without the Board's recommendation.

12.5.14
Notwithstanding 12.5.1, a Party may, to the extent of its powers under legislation or Tlicho laws, take any action for the management of wildlife in Wekeezhii, in an emergency, without waiting for a determination or recommendation of the Wekeezhii Renewable Resources Board, but if it does so the Party shall notify the Board and the other Parties as soon as possible, with reasons for taking such action.

12.5.15
A Party may refer to the Wekeezhii Renewable Resources Board for advice any action or proposal for the management of wildlife or wildlife habitat that will be implemented in Wekeezhii or that may affect wildlife or wildlife habitat in Wekeezhii. The Board may provide advice or may refer the matter back to the Party without advice.

12.6 TOTAL ALLOWABLE HARVEST LEVELS AND OTHER LIMITS

12.6.1
Subject to chapters 15 and 16, a total allowable harvest level for Wekeezhii or Monfwi Gogha De Niitlee (NWT) shall be determined for conservation purposes only and only to the extent required for such purposes.

12.6.2
Subject to 12.6.1 and chapters 15 and 16, limits may not be prescribed under legislation

(a) on the exercise of rights under 10.1.1 or 10.2.1 except for the purposes of conservation, public health or public safety; or

(b) on the right of access under 10.5.1 except for the purposes of safety.

12.6.3
Any limits referred to in 12.6.2 shall be no greater than necessary to achieve the objective for which they are prescribed, and may not be prescribed where there is any other measure by which that objective could reasonably be achieved if that other measure would involve a lesser limitation on the exercise of the rights.

12.6.4
For greater certainty, a Tlicho Citizen does not have to obtain a licence from government to exercise rights under 10.1.1 or 10.3.

12.6.5
In exercising its powers in relation to limits on harvesting, the Wekeezhii Renewable Resources Board shall give priority to

(a) non-commercial harvesting over commercial harvesting; and

(b) with respect to non-commercial harvesting,

(i) Tlicho Citizens and members of an Aboriginal people, with rights to harvest wildlife in Wekeezhii, over other persons, and

(ii) residents of the Northwest Territories over non-residents of the Northwest Territories other than persons described in (i).

12.6.6
In exercising their powers in relation to limits on harvesting, the Parties, in respect of Wekeezhii or Monfwi Gogha De Niitlee (NWT), shall give priority to

(a) non-commercial harvesting over commercial harvesting; and

(b) with respect to non-commercial harvesting,

(i) members of an Aboriginal people, with rights to harvest wildlife in Wekeezhii or Monfwi Gogha De Niitlee (NWT), over other persons, and

(ii) residents of the Northwest Territories over non-residents of the Northwest Territories other than persons described in (i).

12.7 ALLOCATION OF TOTAL ALLOWABLE HARVEST LEVEL BY BOARD

12.7.1
When the Wekeezhii Renewable Resources Board makes an allocation of a total allowable harvest level, it shall allocate

(a) a sufficient portion

(i) for the Tlicho First Nation to exercise its rights to harvest wildlife in Wekeezhii, and

(ii) for any other Aboriginal people to exercise its rights to harvest wildlife in Wekeezhii; and

(b) portions of any remainder of the total allowable harvest level among other groups of persons or for other purposes.

12.7.2
When the Wekeezhii Renewable Resources Board makes an allocation under 12.7.1(a), it shall consider all relevant factors including, in particular,

(a) current and past usage patterns and harvest levels in the exercise of rights referred to in 12.7.1(a); and

(b) the availability of other populations of wildlife to meet the needs of the Tlicho First Nation or the other Aboriginal people.

12.7.3
When the Wekeezhii Renewable Resources Board makes an allocation under 12.7.1(a), if the total allowable harvest level is not sufficient to allow the Tlicho First Nation and any other Aboriginal peoples to exercise their rights to harvest wildlife in Wekeezhii, it shall allocate the level equitably among the Tlicho First Nation and those peoples.

12.7.4
When the Wekeezhii Renewable Resources Board makes an allocation under 12.7.1(b), of any portion of a total allowable harvest level remaining after an allocation for the Tlicho First Nation and for any other Aboriginal peoples, it shall consider all relevant factors including, in particular,

(a) demand for hunting and sport fishing by residents and non-residents of the Northwest Territories;

(b) demand for commercial harvesting in the Northwest Territories; and

(c) demand by lodge operators and outfitters in Wekeezhii.

12.7.5
When the Wekeezhii Renewable Resources Board makes an allocation under 12.7.1(b) of any portion of a total allowable harvest level remaining after an allocation for the Tlicho First Nation and for other Aboriginal peoples, it shall give priority to

(a) non-commercial harvesting over commercial harvesting; and

(b) with respect to non-commercial harvesting,

(i) residents of the Northwest Territories over non-residents of the Northwest Territories, and

(ii) to the extent provided by legislation, residents of Wekeezhii who rely on wildlife from that area for food for themselves and their families over other persons.

12.8 ALLOCATION OF TOTAL ALLOWABLE HARVEST LEVEL BY GOVERNMENT

12.8.1
When government makes an allocation of a total allowable harvest level for any part of Wekeezhii and Monfwi Gogha De Niitlee (NWT) it shall allocate

(a) a sufficient portion

(i) for the Tlicho First Nation to exercise its rights to harvest wildlife in the area to which the total allowable harvest level applies, and

(ii) for any other Aboriginal people to exercise its rights to harvest wildlife in the area to which the total allowable harvest level applies; and

(b) portions of any remainder of the total allowable harvest level among other groups of persons or for other purposes.

12.8.2
When government makes an allocation under 12.8.1(a), it shall consider all relevant factors, including, in particular,

(a) current and past usage patterns and harvest levels in the exercise of rights referred to in 12.8.1(a); and;

(b) the availability of other populations of wildlife to meet the needs of the Tlicho First Nation or the other Aboriginal people.

12.8.3
When government makes an allocation under 12.8.1(a), if the total allowable harvest level is not sufficient to allow the Tlicho First Nation and any other Aboriginal peoples to exercise their rights to harvest wildlife in the area to which the total allowable harvest level applies, it shall allocate the level equitably among the Tlicho First Nation and those peoples.

12.8.4
When government makes an allocation under 12.8.1(b), of any portion of a total allowable harvest level remaining after an allocation for the Tlicho First Nation and any other Aboriginal peoples, it shall consider all relevant factors including, in particular,

(a) demand for hunting and sport fishing by residents and non-residents of the Northwest Territories;

(b) demand for commercial harvesting in the Northwest Territories; and

(c) demand by lodge operators and outfitters in Wekeezhii and Monfwi Gogha De Niitlee (NWT).

12.8.5
When government makes an allocation under 12.8.1(b) of any portion of a total allowable harvest level remaining after an allocation for the Tlicho First Nation and for other Aboriginal peoples, it shall give priority to

(a) non-commercial harvesting over commercial harvesting; and

(b) with respect to non-commercial harvesting,

(i) residents of the Northwest Territories over non-residents of the Northwest Territories, and

(ii) to the extent provided by legislation, residents of Wekeezhii and Monfwi Gogha De Niitlee (NWT) who rely on wildlife from the area to which the total allowable harvest level applies for food for themselves and their families over other persons.

12.9 ALLOCATION BY TLICHO GOVERNMENT

12.9.1
Any allocation among individuals of the harvesting rights of the Tlicho First Nation shall be the responsibility of the Tlicho Government.

12.10 COMMERCIAL ACTIVITIES RELATING TO WILDLIFE

12.10.1
Recommendations of the Wekeezhii Renewable Resources Board under 12.5.6(a) may include recommendations for regulations respecting the following activities when they take place wholly or partly in Wekeezhii:

(a) operation of commercial establishments and facilities for harvesting of wildlife;

(b) commercial propagation and husbandry of wildlife;

(c) commercial processing, marketing and sale of wildlife and wildlife products;

(d) provision of commercial wildlife guiding and outfitting services; and

(e) operation of commercial camps and lodges for fishing, hunting and naturalist purposes.

12.10.2
Government shall not permit commercial activities relating to wildlife, excluding fish, in Wekeezhii, without the consent of the Tlicho Government, if such activities have not been conducted anywhere in Wekeezhii during the three-year period preceding the proposal to permit the new activity. The Tlicho Government shall be deemed to have consented if it fails to deny its consent within any reasonable time set by the Wekeezhii Renewable Resources Board.

12.10.3
The Parties shall not permit a commercial activity in Wekeezhii for the propagation, cultivation or husbandry of a species of wildlife if, in the opinion of the Wekeezhii Renewable Resources Board, that activity would have a significant adverse affect on wildlife in Wekeezhii.

12.10.4
The Tlicho Government shall consult government before authorizing commercial activities relating to wildlife on Tlicho lands.

12.11 MANAGEMENT PLANS FOR MIGRATORY SPECIES

12.11.1
It is an objective that management plans, respecting wildlife that migrates between Wekeezhii and another area be prepared jointly with any body with authority over that wildlife in that other area. Failure to reach agreement on the application of such a plan outside Wekeezhii does not prevent the Parties from preparing and implementing a plan for Wekeezhii.

12.11.2
Within three years after the effective date or another date agreed to by the Parties, the Parties shall, separately or jointly, to the extent of their powers, prepare a comprehensive proposal for the management of the Bathurst caribou herd and a comprehensive proposal for the management of woodland caribou and submit them to the Wekeezhii Renewable Resources Board for review under 12.5.4

12.11.3
Within the first year after the effective date, the Wekeezhii Renewable Resources Board and the Parties shall meet for the purpose of preparing a comprehensive proposal for the management of the Bathurst caribou herd. The Board shall invite any body with jurisdiction over any part of the caribou range and representatives of any Aboriginal peoples who traditionally harvest the Bathurst Caribou herd to participate.

12.12 INTERNATIONAL AND DOMESTIC ARRANGEMENTS

12.12.1
Prior to adopting positions in relation to international agreements which may affect wildlife or wildlife habitat in Wekeezhii or Monfwi Gogha De Niitlee , government shall consult with

(a) the Wekeezhii Renewable Resources Board, in relation to their effect in Wekeezhii; and

(b) the Tlicho Government, in relation to their effect in Monfwi Gogha De Niitlee.

12.12.2
In respect of wildlife in Wekeezhii or Monfwi Gogha De Niitlee which cross international boundaries, the Government of Canada shall endeavour to include the countries concerned in cooperative conservation and management agreements and arrangements. The Government of Canada shall endeavour to have provisions in such agreements and arrangements respecting joint research objectives and related matters respecting the control of access to such wildlife.

12.12.3
Government shall provide the Tlicho Government with the opportunity to be represented in any Canadian management regimes in respect of wildlife which are established under international or domestic intergovernmental agreements and which affect wildlife in Monfwi Gogha De Niitlee.

12.13 GREAT SLAVE LAKE

12.13.1
The Tlicho Government may nominate at least one member to any governmental body having advisory or management responsibilities with respect to the management of fish or fish habitat in Great Slave Lake.

12.14 HARMONIZATION OF LAWS

12.14.1
The Tlicho Government and the Government of the Northwest Territories will, prior to the enactment of laws in relation to wildlife management, make every reasonable attempt to harmonize those laws to ensure the maximum protection for wildlife in the Northwest Territories.

12.15 WILDLIFE MANAGEMENT UNDER FUTURE LAND CLAIMS AGREEMENTS

12.15.1
Before government concludes a future land claims agreement that would authorize a body ("new body") other than the Wekeezhii Renewable Resources Board, in relation to any part of Wekeezhii, to determine a total allowable harvest level, except for fish, or the allocation of portions of any total allowable harvest level or to make a determination respecting the management of the Bathurst caribou herd,

(a) government shall notify the Tlicho Government that such a provision is being negotiated and provide to the Tlicho Government a reasonable opportunity to conclude an agreement with the representatives of the Aboriginal people to be party to that future land claims agreement respecting how the new body and the Wekeezhii Renewable Resource Board will ensure that all such determinations in relation to that part of Wekeezhii are made jointly by the new body and the board, by only one of them or by another authority;

(b) government shall consider any agreement concluded under (a) and decide whether to approve it; and

(c) the Parties shall amend the Agreement in accordance with any agreement approved under (b) and government shall ensure that the future land claims agreement accords with any agreement approved under (b).

12.15.2
If a future land claims agreement provides a new body has authority in relation to any part of Wekeezhii to make a determination described in 12.15.1, the new body and the Wekeezhii Renewable Resources Board shall, in the absence of an agreement approved under 12.15.1(b), make that determination in relation to that part of Wekeezhii jointly, in accordance with a process agreed to by them.

12.15.3
In the absence of an agreement approved under 12.15.1(b) or where the new body and the Wekeezhii Renewable Resources Board fail to agree on a process under 12.15.2 or to make a determination described in 12.15.1 in relation to that part of Wekeezhii within any reasonable period of time specified by a Party that submitted a proposal for their determination, a Party may, to the extent of its powers under legislation or Tlicho laws to establish or otherwise implement such a determination, make that determination in place of the Board and the new body, in accordance with 12.5 to 12.7.

13.1 GENERAL

13.1.1
13.2 and 13.3 do not apply to Tlicho lands.

13.1.2
Nothing in this chapter shall be construed to

(a) confer rights of ownership of trees;

(b) guarantee the supply of trees;

(c) preclude persons who are not Tlicho Citizens from harvesting trees, except that they may be precluded from doing so by or under legislation;

(d) entitle a Tlicho Citizen or the Tlicho Government to any compensation for damage to or loss of trees or harvesting opportunities; or

(e) derogate from the access right of a Tlicho Citizen under 10.5.1.

13.1.3
Nothing in the Agreement is intended to affect any responsibility of government for the fighting of forest fires.

13.1.4
In exercising their powers in relation to forest management, the Government of the Northwest Territories, the Tlicho Government and the Wekeezhii Renewable Resources Board shall

(a) make management decisions on an ecosystemic basis so as to recognize the interconnection of wildlife with the other components of the physical environment;

(b) apply the principles and practices of conservation;

(c) use the best information available, except that, in the absence of complete information, where there are threats of serious or irreparable damage, lack of complete certainty shall not be a reason for postponing reasonable conservation measures;

(d) monitor and periodically review its management decisions and actions and modify those decisions and actions, on the basis of the results of such monitoring and review; and

(e) consider, where appropriate, public health and public safety issues.

13.1.5
In exercising their powers in relation to forest management, the Government of the Northwest Territories, the Tlicho Government and the Wekeezhii Renewable Resources Board shall take steps to acquire and use traditional knowledge as well as other types of scientific information and expert opinion.

13.2 RIGHT TO HARVEST

13.2.1
Subject to any limitations prescribed by or in accordance with the Agreement and to legislation and Tlicho laws in respect of forest management, land management in a community, conservation, public health, public safety or protection of the environment from significant damage, the Tlicho First Nation has the right to harvest trees, including dead trees, throughout Monfwi Gogha De Niitlee (NWT) at all seasons of the year for

(a) firewood for use by Tlicho Citizens or for community purposes in a Tlicho community;

(b) construction or maintenance of hunting, trapping and fishing camps primarily for use by Tlicho Citizens;

(c) the making of handicrafts by Tlicho Citizens;

(d) use by Tlicho Citizens for traditional, cultural or medicinal purposes;

(e) construction of boats and rafts primarily for use by Tlicho Citizens; and

(f) construction of houses for occupancy by Tlicho Citizens and of buildings in a Tlicho community for community purposes.

13.2.2
The right of the Tlicho First Nation to harvest trees under 13.2.1 does not apply

(a) on lands held in fee simple or subject to an agreement for sale or surface lease;

(b) where it conflicts with any activity carried out under an authorization granted by government, such as a timber licence or permit, a forest management agreement or a land use permit; or

(c) on lands dedicated to military or national security purposes under legislation or in areas temporarily being used for military exercises for the period of such temporary use, after notice of such dedication or use has been given to the Tlicho Government.

13.2.3
If any limitations to the right to harvest trees under 13.2.1 results in Tlicho Citizens and members of any other Aboriginal people being unable to fully exercise their rights to harvest trees, the amount they are allowed to harvest shall be allocated equitably among them.

13.2.4
Subject to any agreement between the Tlicho First Nation and the Inuit of Nunavut, Tlicho Citizens have the right to harvest trees within those areas of Nunavut which they have traditionally used and continue to use for that purpose, on a basis equivalent to the Inuit of Nunavut under Article 5 of the Nunavut Agreement.

13.3 AUTHORIZATION OF COMMERCIAL HARVESTING

13.3.1
The Parties shall not authorize the commercial harvesting of trees in Wekeezhii where in the opinion of the Wekeezhii Renewable Resources Board such commercial harvesting would have a significant adverse effect on wildlife in Wekeezhii.

13.3.2
The Tlicho Government shall be consulted by government prior to government changing any authorization of a commercial tree harvesting operation taking place wholly or partly in Wekeezhii, where the change would allow the conduct of the operation in a different area from that already authorized.

13.4 FOREST MANAGEMENT

13.4.1
The Wekeezhii Renewable Resources Board may, in relation to Wekeezhii but not in relation to a national park, and after consultation with any Party or body with powers respecting forest management, make recommendations to the Parties with respect to

(a) policies and rules in respect of the harvesting of trees; and

(b) plans and policies for forest management which may include

(i) determination of areas of commercial harvesting of trees and the terms and conditions of such harvesting which may include cutting rates, allowable harvests of trees, harvesting methods, reforestation measures and the employment and training of Tlicho Citizens,

(ii) provisions for management agreements with commercial harvesters and land owners, and

(iii) provision for forest fire management activities.

13.4.2
In relation to Wekeezhii but not in relation to a national park, government or the Tlicho Government may consult the Wekeezhii Renewable Resources Board on any matter which affects forest management and shall consult the Board on

(a) draft legislation and Tlicho laws respecting forest management;

(b) land use policies and draft legislation and Tlicho laws where those policies, legislation or laws will likely impact on forest management;

(c) policies respecting forest management research and the evaluation of such research; and

(d) plans for training Tlicho Citizens in forest management.

14.1 GENERAL

14.1.1
14.2 and 14.3 do not apply to Tlicho lands.

(a) confer rights of ownership to plants;

(b) guarantee the supply of any plants;

(c) preclude persons who are not Tlicho Citizens from harvesting plants, except that they may be precluded from doing so by or under legislation;

(d) entitle a Tlicho Citizen or the Tlicho Government to any compensation for damage to or loss of plants or harvesting opportunities; or

(e) derogate from the access right of a Tlicho Citizen under 10.5.1.

14.1.3
In exercising their powers in relation to the management of plants, the Government of the Northwest Territories, the Tlicho Government and the Wekeezhii Renewable Resources Board shall

(a) make management decisions on an ecosystemic basis so as to recognize the interconnection of wildlife with the other components of the physical environment;

(b) apply the principles and practices of conservation;

(c) use the best information available, except that, in the absence of complete information, where there are threats of serious or irreparable damage, lack of complete certainty shall not be a reason for postponing reasonable conservation measures;

(d) monitor and periodically review its management decisions and actions and modify those decisions and actions, on the basis of the results of such monitoring and review; and

(e) consider, where appropriate, public health and public safety issues.

14.1.4
In exercising their powers in relation to the management of plants, the Government of the Northwest Territories, the Tlicho Government and the Wekeezhii Renewable Resources Board shall take steps to acquire and use traditional knowledge as well as other types of scientific information and expert opinion.

14.2 RIGHT TO HARVEST

14.2.1
Subject to any limitations prescribed by or in accordance with the Agreement and to legislation and Tlicho laws in respect of conservation, land management in a community, public health, public safety or protection of the environment from significant damage, the Tlicho First Nation has the right to harvest plants throughout Monfwi Gogha De Niitlee (NWT) at all seasons of the year for

(a) the making of handicrafts by Tlicho Citizens;

(b) use or consumption by Tlicho Citizens for food, medicinal or cultural purposes, and for purposes ancillary to wildlife harvesting under 10.1.1; and

(c) trade or gifts to members of an Aboriginal people of the Northwest Territories, Nunavut or Alberta for their own use or consumption.

14.2.2
The right of the Tlicho First Nation to harvest plants under 14.2.1 does not apply

(a) on lands held in fee simple, subject to an agreement for sale or surface lease;

(b) where it conflicts with any activity carried out under an authorization granted by government such as a timber licence or permit, a forest management agreement or land use permit; and

(c) on lands dedicated to military or national security purposes under legislation or in areas temporarily being used for military exercises for the period of such temporary use, after notice of such dedication or use has been given to the Tlicho Government.

14.2.3
If any limitations to the right to harvest plants under 14.2.1 results in Tlicho Citizens and members of any other Aboriginal people being unable to fully exercise their rights to harvest plants, the amount they are allowed to harvest shall be allocated equitably among them.

14.2.4
Subject to any agreement between the Tlicho First Nation and the Inuit of Nunavut, Tlicho Citizens have the right to harvest plants within those areas of Nunavut which they have traditionally used and continue to use for that purpose, on a basis equivalent to the Inuit of Nunavut under Article 5 of the Nunavut Agreement.

14.3 AUTHORIZATION OF COMMERCIAL HARVESTING

14.3.1
The Parties shall not authorize the commercial harvesting of plants in Wekeezhii where in the opinion of the Wekeezhii Renewable Resources Board such commercial harvesting would have a significant adverse effect on wildlife in Wekeezhii.

14.3.2
The Tlicho Government shall be consulted by government prior to government changing any authorization of a commercial plant harvesting operation taking place wholly or partly in Wekeezhii, where the change would allow the conduct of the operation in a different area from that already authorized.

14.4 MANAGEMENT OF PLANTS

14.4.1
The Wekeezhii Renewable Resources Board may, in relation to Wekeezhii but not in relation to a national park, and after consultation with any Party or body with powers respecting the management of plants, make recommendations to the Parties with respect to

(a) policies and rules in respect of the harvesting of plants; and

(b) plans and policies for plant management which may include

(i) determination of areas of commercial harvesting of plants and the terms and conditions of such harvesting and the employment and training of Tlicho Citizens, and

(ii) provisions for management agreements with commercial harvesters and land owners.

14.4.2
In relation to Wekeezhii but not in relation to a national park, government or the Tlicho Government may consult the Wekeezhii Renewable Resources Board on any matter which affects plant management and shall consult the Board on

(a) draft legislation and Tlicho laws respecting plant management;

(b) land use policies and draft legislation and Tlicho laws where those policies, legislation or laws will likely impact on plant management;

(c) policies respecting plant management research and the evaluation of such research; and

(d) plans for training Tlicho Citizens in plant management.

14.5 LEGISLATION

14.5.1
Government shall consult with the Tlicho Government with respect to the harvesting of plants by Tlicho Citizens before legislating to regulate or prohibit harvesting of plants in Monfwi Gogha De Niitlee (NWT).

15.1 GENERAL

15.1.1
The purpose of establishing a national park to be wholly or partly in Monfwi Gogha De Niitlee (NWT) is to preserve and protect for future generations representative natural areas of national significance, including the wildlife resources of such areas, and to encourage public understanding, appreciation and enjoyment of such areas, while providing for the rights of the Tlicho First Nation under the Agreement to use such areas for the harvesting of wildlife, plants and trees.

15.1.2
The traditional and current use of lands within a national park wholly or partly in Monfwi Gogha De Niitlee (NWT) by the Tlicho First Nation shall be recognized in policies and public information programs and materials.

15.1.3
Park management plans and interim management guidelines for national parks wholly or partly in Monfwi Gogha De Niitlee (NWT) shall respect

(a) Tlicho burial sites and places of religious and ceremonial significance; and

(b) sites of historic and archaeological significance to the Tlicho First Nation.

15.1.4
Except as otherwise provided in the Agreement, a national park wholly or partly in Monfwi Gogha De Niitlee (NWT) shall be planned, established and managed in accordance with the Canada National Parks Act and other legislation, the national parks policy and any interim guidelines or park management plan in effect.

15.1.5
The boundaries of a national park wholly or partly in Monfwi Gogha De Niitlee (NWT) shall not be enlarged except after consultation with the Tlicho Government. 15.1.6 The Minister or the Minister's designate and any National Park Committee shall consult with the Wekeezhii Renewable Resources Board when exercising its powers in relation to any matter in a national park which may affect wildlife or wildlife habitat in a part of Wekeezhii outside the park.

15.1.7
Subject to national parks objectives and policies, wildlife management within a national park wholly or partly in Monfwi Gogha De Niitlee (NWT) shall be compatible with wildlife management elsewhere in Monfwi Gogha De Niitlee (NWT) to the extent possible.

15.1.8
Once established, the boundaries of a national park wholly or partly in Wekeezhii shall not be reduced without the consent of the Tlicho Government.

15.2 TLICHO IMPACT AND BENEFIT PLAN FOR NATIONAL PARK WHOLLY OR PARTLY IN WEKWEETI

15.2.1
Prior to establishment of a national park wholly or partly in Wekeezhii, a Tlicho impact and benefit plan for the proposed park shall be prepared and approved in accordance with 15.2.2.

15.2.2
The Tlicho Government and officials designated by the Minister shall attempt to prepare jointly a Tlicho impact and benefit plan. If they agree on a plan, they shall submit it to the Minister for consideration and approval. If they fail to reach agreement on a plan within 18 months, each party may submit its own plan to the Minister for the Minister's consideration and approval. The Minister may approve a plan that consists of one of the plans submitted to the Minister or of parts of each. The Minister shall give written reasons for a decision. Government and the Tlicho Government shall implement a plan once it has been approved.

15.2.3
A Tlicho impact and benefit plan shall

(a) be consistent with the other provisions of the Agreement;

(b) address the impact of the establishment and development of the park on any affected Tlicho community;

(c) describe the steps that will be taken by government to establish the park; and

(d) describe training opportunities to assist Tlicho Citizens to qualify for employment in the park.

15.2.4
The Tlicho impact and benefit plan may include provisions relating to

(a) the National Park Committee;

(b) the continued use by Tlicho Citizens of camps, cabins and traditional travel routes to exercise the harvesting rights of the Tlicho First Nation in the park;

(c) economic and employment opportunities for Tlicho Citizens and measures which will be adopted to assist Tlicho Citizens to take advantage of such opportunities, in addition to the opportunities provided under 15.2.3(d);

(d) mitigation of potential negative impacts of park establishment on any affected Tlicho community;

(e) routes and locations for public access to the park; and

(f) other impacts and benefits of concern to government or any affected Tlicho community.

15.2.5
A Tlicho impact and benefit plan shall contain provisions providing for a review of the plan not less than once every 10 years after the establishment of the park.

15.3 NATIONAL PARK COMMITTEE

15.3.1
A National Park Committee shall be established for each national park wholly or partly in Wekeezhii at the time the park is established.

15.3.2
The members of a National Park Committee shall select from among themselves a chairperson.

15.3.3
Members of a National Park Committee shall be appointed for a fixed term but a member may be removed from office for cause by the authority which appointed that member.

15.3.4
The Park Superintendent or his or her designate shall sit as an ex-officio, non-voting member of a National Park Committee.

15.3.5
Each member of a National Park Committee shall exercise one vote except that the chairperson shall vote only in the event of a tie.

15.3.6
A National Park Committee may meet as often as necessary, but shall hold at least two meetings annually.

15.3.7
A National Park Committee may establish its own rules of procedures respecting the conduct of its business.

15.3.8
A National Park Committee may advise the Minister or the Minister's designate and agencies of government, as appropriate, with respect to the following matters in relation to the park:

(a) wildlife management;

(b) interim management guidelines and management plans and any amendments to them;

(c) training plans and economic and employment opportunities for Tlicho Citizens associated with the development and operation of the park;

(d) any proposed changes to park boundaries;

(e) issuance of permits for cabins or camps which may be required for the exercise of the harvesting rights of the Tlicho First Nation;

(f) protection of sites of cultural, spiritual or historical significance to the Tlicho First Nation and of sites of archaeological significance;

(g) information and interpretive programs to recognize the traditional use of the park area by the Tlicho First Nation;

(h) research and field work conducted by or for government in the park; and

(i) any other matters which may be referred to the Committee by the Minister or agencies of government.

15.3.9
The Minister shall inform a National Park Committee in writing of reasons for rejection or variance of any advice provided and afford the Committee an opportunity for further consideration of the matter.

15.3.10
When a national park is wholly in Wekeezhii, the National Park Committee shall consist of a number of members appointed by the Minister in consultation with the Government of the Northwest Territories. The Tlicho Government is entitled to nominate 50 percent of the members of the Committee, excluding the chairperson, subject to an agreement between the Tlicho Government and another Aboriginal people, including an agreement under 2.7.3 or 2.7.4.

15.3.11
If the members of a National Park Committee for a park that is wholly in Wekeezhii fail to agree on a chairperson within 60 days of their own appointments or from the date when the position became vacant, the Minister shall select the chairperson from among the members. The authority which nominated the member who was selected as chairperson shall nominate a replacement to the Committee.

15.4 INTERIM MANAGEMENT GUIDELINES

15.4.1
Interim management guidelines for a national park wholly or partly in Wekeezhii shall be prepared by Parks Canada, in consultation with the National Park Committee, within two years of the establishment of the national park.

15.4.2
Interim management guidelines come into effect upon approval by the Minister. Before approving the guidelines, the Minister shall inform the National Park Committee in writing of reasons for rejection or variance of any guideline proposed by the Committee and afford the Committee an opportunity for further consideration of the matter.

15.5 PARK MANAGEMENT PLAN

15.5.1
Within five years of the establishment of a national park wholly or partly in Wekeezhii, Parks Canada shall, in consultation with the National Park Committee, prepare a management plan for the park. The plan shall describe the policies and procedures to manage and protect the park and its resources, and shall replace the interim management guidelines.

15.5.2
A park management plan comes into effect upon approval by the Minister. Before approving the plan, the Minister shall inform the National Park Committee in writing of reasons for rejection or variance of any proposal of the Committee and afford the Committee an opportunity for further consideration of the matter. 15.5.3 A park management plan shall be reviewed and revised as required from time to time and not less than every 10 years after the plan is approved.

15.6 WILDLIFE

15.6.1
A national park wholly or partly in Monfwi Gogha De Niitlee (NWT) shall be managed in a manner which provides for wildlife harvesting by Tlicho Citizens in the park. Such harvesting shall be consistent with

(a) the other provisions of the Agreement;

(b) any interim management guidelines for that park approved under 15.4.2 or any park management plan for that park approved under 15.5.2;

(c) the principles of conservation; and

(d) the use and enjoyment of that park by other persons.

15.6.2
Except for harvesting of wildlife that are furbearers, wildlife harvested by a Tlicho Citizen in a national park wholly or partly in Wekeezhii, including any products thereof, shall be only for that person's own use or consumption or for the use or consumption of that person's spouse, parent or child or for trade or gift to

(a) Tlicho Citizens for their own use or consumption; or

(b) members of another Aboriginal people of the Northwest Territories, Nunavut or Alberta for their own use or consumption.

15.6.3
Subject to 15.6.4, the harvesting of wildlife by a Tlicho Citizen in a national park wholly or partly in Monfwi Gogha De Niitlee (NWT), including their right to trade or to give wildlife away, may be restricted for reasons related to the management of the park. No such restrictions may be established after the effective date except,

(a) where there are interim management guidelines approved under 15.4.2 or a park management plan approved under 15.5.2, through those guidelines or plan; or

(b) where there are no such guidelines or plan, after consultation with the Tlicho Government.

15.6.4
Any restrictions on the harvesting of wildlife by Tlicho Citizens in a national park wholly or partly in Monfwi Gogha De Niitlee (NWT) shall be no more restrictive than on harvesting by any other persons.

15.6.5
Permits may be required for the establishment, in a national park wholly or partly in Monfwi Gogha De Niitlee (NWT), of cabins and camps required for the exercise of the Tlicho First Nation's harvesting rights but not for cabins and camps that existed before the park was established. Such permits shall be issued by the Park Superintendent without charge. Where there are guidelines approved under 15.4.2 or a park management plan approved under 15.5.2, the cabins and camps shall conform to these guidelines or plan.

15.6.6
Harvesting of wildlife in a national park wholly or partly in Wekeezhii shall not be permitted except

(a) by a Tlicho Citizen or a member of another Aboriginal people of the Northwest Territories or Nunavut; or

(b) in the course of a controlled hunt conducted because manipulation of wildlife populations is required.

15.7 PLANTS AND TREES

15.7.1
Plants and trees harvested by a Tlicho Citizen in a national park under chapter 10, 13 or 14 and any product made from them shall only be used within the park.

15.7.2
Subject to 15.7.3, the harvesting of plants or trees by a Tlicho Citizen in a national park wholly or partly in Monfwi Gogha De Niitlee (NWT), including the right to trade or give them away, may be restricted for reasons related to the management of the park. No such restrictions may be established after the effective date except

(a) where there are interim management guidelines approved under 15.4.2 or the park management plan approved under 15.5.2 through these guidelines or plan; or

(b) where there are no such guidelines or plan, after consultation with the Tlicho Government.

15.7.3
Any restrictions on the harvesting of plants or trees by Tlicho Citizens in a national park wholly or partly in Monfwi Gogha De Niitlee (NWT) shall be no more restrictive than on harvesting by any other persons.

15.8 ECONOMIC AND EMPLOYMENT PROVISIONS

15.8.1
The Parties intend that Tlicho Citizens will hold a substantial number of the jobs in a national park wholly in Wekeezhii. To this end, training opportunities, as described in the Tlicho impact and benefit plan, shall be provided to assist Tlicho Citizens to qualify for such employment.

15.8.2
In the event that manipulation of wildlife populations by means of a controlled hunt is required in a national park wholly or partly in Wekeezhii, the Park Superintendent shall notify the Tlicho Government. Tlicho Citizens shall be given consideration, by the Park Superintendent, to conduct the hunt.

15.9 NATIONAL PARK IN VICINITY OF EAST ARM OF GREAT SLAVE LAKE

15.9.1
This chapter, except 15.1.1, 15.1.2, 15.1.3, 15.1.4, 15.1.6, 15.1.7, 15.6.1, 15.6.3, 15.6.4, 15.6.5 and 15.7, does not apply to any national park established within the area withdrawn under Order in Council P.C. 1997-1922.

16.1 ESTABLISHMENT OR BOUNDARY CHANGES

16.1.1
At least one year prior to the establishment of any protected area or to changing the boundaries of an established protected area, government shall consult with

(a) the Tlicho Government, where the area is to be in Monfwi Gogha De Niitlee (NWT); and

(b) the Wekeezhii Renewable Resources Board and any affected Tlicho community government, where the area is to be in Wekeezhii.

16.1.2
Any Party may make a proposal to the other Parties for the designation of areas wholly or partly in Monfwi Gogha De Niitlee (NWT) as protected areas.

16.2 TERRITORIAL PARK MANAGEMENT PLAN

16.2.1
For each territorial park wholly or partly in Monfwi Gogha De Niitlee (NWT) that is larger than 130 hectares and outside a community, the Government of the Northwest Territories may prepare a park management plan describing the policies which will guide the conservation and management of the park and its resources. The Tlicho Government and, where the park is to be wholly or partly in Wekeezhii, the Wekeezhii Renewable Resources Board, shall be invited to participate in the preparation of any such plan. A park management plan comes into effect upon approval by the Minister.

16.3 HARVESTING RIGHTS

16.3.1
Subject to 16.3.2, the harvesting of wildlife, plants and trees in a protected area wholly or partly in Monfwi Gogha De Niitlee (NWT) by Tlicho Citizens, including their right to trade or give them away, may be restricted for reasons related to the management of the protected area. Subject to 16.5.1, no such restrictions may be established after the effective date except through an agreement under 16.4.1 or in accordance with a determination of the Wekeezhii Renewable Resources Board under 16.4.2.

16.3.2
Any restrictions on harvesting by Tlicho Citizens in a protected area wholly or partly in Monfwi Gogha De Niitlee (NWT) shall be no more restrictive than on harvesting by other persons.

16.4 PROTECTED AREA AGREEMENT

16.4.1
An agreement may be negotiated between the Tlicho Government and government in relation to the management of a protected area wholly or partly in Monfwi Gogha De Niitlee (NWT). That agreement may include provisions relating to

(a) protection of sites of cultural, spiritual or historic significance to the Tlicho First Nation or of archaeological significance;

(b) mitigation of potential negative impacts of the establishment of the protected area on affected Tlicho Citizen harvesters and affected residents of Tlicho communities;

(c) participation of the Tlicho Government in management committees or other similar structures relating to the development and administration of the protected area;

(d) any management guidelines or management plan;

(e) the continued use by Tlicho Citizens of camps, cabins and traditional travel routes to exercise the harvesting rights of the Tlicho First Nation in the protected area;

(f) restrictions on the harvesting of wildlife, plants and trees by Tlicho Citizens, including their right to trade or to give them away;

(g) the periodic review of the agreement; and

(h) other matters of concern to the affected residents of Tlicho communities, the Tlicho Government and government.

16.4.2
In the event that an agreement on the restriction of harvesting by Tlicho Citizens under 16.4.1(f) is not concluded within two years of the commencement of negotiations, government or the Tlicho Government may submit its proposal respecting such restrictions to the Wekeezhii Renewable Resources Board for consideration and determination. The Board shall give written reasons for a determination.

16.5 EMERGENCIES

16.5.1
In the event of an emergency for reasons of conservation, government may establish a protected area or change the boundaries of such an area without prior consultation under 16.1.1 or may restrict harvesting of wildlife, plants or trees by Tlicho Citizens in such an area without an agreement under 16.4.1 or a determination of the Wekeezhii Renewable Resources Board under 16.4.2, but shall consult with the Board, the Tlicho Government and any affected Tlicho community government, as soon as possible thereafter, on the necessity of the action and, in the case of the establishment of a new protected area, the terms and conditions to be attached to the management of the area.

16.6 ECONOMIC AND EMPLOYMENT PROVISIONS

16.6.1
It is the objective of the Parties that Tlicho Citizens be employed at all occupational levels in protected areas wholly or partly in Wekeezhii. Government shall identify such employment opportunities in respect of the management of protected areas and shall, if there are any such opportunities, provide appropriate training opportunities for Tlicho Citizens to assist Tlicho Citizens to qualify for such positions. The nature and extent of these employment and training opportunities shall

(a) be set out in the Implementation Plan, for any protected area established before the effective date; or

(b) be set out in an agreement negotiated between government and the Tlicho Government or be confirmed by the Minister under 16.6.2, for any protected area established after the effective date

16.6.2
If government and the Tlicho Government fail to reach an agreement referred to in 16.6.1(b) within 18 months of the identification by government of employment opportunities, the Tlicho Government may submit its proposal for the nature and extent of the employment and training opportunities to the Minister. The Minister shall accept or vary the proposal, giving written reasons to the Tlicho Government for any variance, and shall implement the resulting arrangements for such opportunities.

16.6.3
In the event that manipulation of wildlife populations by means of a controlled hunt is required in a protected area wholly or partly in Wekeezhii, Tlicho Citizens shall be given consideration to conduct the hunt under the supervision of the managers of the protected area.

17.1 GENERAL

17.1.1
Tlicho heritage resources are the cultural patrimony of the Tlicho First Nation.

17.1.2
17.1.1 shall not be interpreted as creating ownership rights for the Tlicho First Nation.

17.1.3
Nothing in this chapter shall limit any entitlement, right, title or interest of the Tlicho Government, the Tlicho First Nation or a Tlicho Citizen available under law in respect of intellectual property.

17.1.4
Where the Tlicho Government identifies an issue of concern arising out of the administration of legislation or government policy in respect of Tlicho heritage resources, the government that enacted the legislation or created the policy will discuss that concern with the Tlicho Government and provide it with written reasons for any decision on how to deal with that concern.

17.1.5
The location of burial sites in Wekeezhii other than burial sites in cemeteries shall, as they become known, be recorded by government. Government shall indicate in that record those sites known to be Tlicho burial sites.

17.1.6
Any dispute as to whether a heritage resource is a Tlicho heritage resource may be referred for resolution in accordance with chapter 6 by government, the Tlicho Government or a person with a right or interest in the resource or site where it is located.

17.2 MANAGEMENT OF HERITAGE RESOURCES

17.2.1
The Tlicho Government shall be the custodian of heritage resources on Tlicho lands.

17.2.2
The Tlicho Government shall notify government when a heritage resource, other than a Tlicho heritage resource, is found on Tlicho lands.

17.2.3
Government shall notify the Tlicho Government when a Tlicho heritage resource is found outside Tlicho lands but in Monfwi Gogha De Niitlee (NWT).

17.2.4
The Tlicho Government shall have an opportunity to be represented on any board, agency or committee established by government with responsibilities restricted to the Northwest Territories that include the administration or protection of Tlicho heritage resources in the Mackenzie Valley.

17.2.5
Within two years after the effective date, to address the potential effect of land use activities on heritage resources in Wekeezhii, representatives of the Parties shall, in consultation with each other, develop guidelines for

(a) conditions that should be attached to a land use permit issued by government or a board established by government in respect of the presence of heritage resources on the lands to which the permit applies; and

(b) the procedure that should be followed where heritage resources are discovered on the lands to which the land use permit applies.

17.2.6
Prior to the issuance of a land use permit by government or a board established by government in Wekeezhii, the government or any such board shall,

(a) forward a copy of the land use permit application to the Tlicho Government and the government agency responsible for heritage resources; and

(b) seek advice concerning the presence of heritage resources on the lands to which the land use permit will apply from the Tlicho Government.

17.2.7
Prior to issuing an archaeological permit, government shall,

(a) in respect of heritage resources on Tlicho lands, ensure that the applicant has obtained the written consent of the Tlicho Government; and

(b) in respect of Tlicho heritage resources elsewhere in Monfwi Gogha De Niitlee (NWT), consult with the Tlicho Government.

17.2.8
All archaeological permits in respect of Tlicho heritage resources in Monfwi Gogha De Niitlee (NWT) shall

(a) specify plans and methods for site protection and restoration, where applicable;

(b) require consultation with the Tlicho Government;

(c) provide for treatment and disposition of materials extracted; and

(d) require submission of a technical report and a non-technical report on the work completed.

17.3 ACCESS TO AND CARE OF TLICHO HERITAGE RESOURCES

17.3.1
It is an objective of the Parties that Tlicho heritage resources which have been removed from the Northwest Territories be available for the benefit, study and enjoyment of Tlicho Citizens and all other residents of the Northwest Territories. The attainment of this objective may include the return of such resources to the Northwest Territories, on a temporary or continuing basis, provided that

(a) appropriate facilities and expertise exist in the Northwest Territories which are capable of maintaining such Tlicho heritage resources for future generations; and

(b) such relocation is compatible with the maintenance of the integrity of public archives and national and territorial heritage resource collections.

17.3.2
Government and the Tlicho Government will work together to attain the objective in 17.3.1.

17.3.3
17.3.1 and 17.3.2 do not apply to human remains and associated grave goods found in Tlicho burial sites.

17.3.4
At the request of the Tlicho Government, government shall

(a) deliver any human remains and associated grave goods that were found in Tlicho burial sites in the Northwest Territories and subsequently removed from the Northwest Territories and are still held by government to the Tlicho Government in accordance with applicable legislation and government policies; and

(b) use reasonable efforts to facilitate the Tlicho Government's access to Tlicho artifacts and human remains of Tlicho ancestry that are held in other public and private collections.

17.3.5
Tlicho Citizens shall be given opportunities for employment at public sites, museums, heritage resource projects, archaeological works and similar public facilities and projects related to Tlicho heritage resources in Monfwi Gogha De Niitlee (NWT), in a manner to be set out in an agreement between government and the Tlicho Government in relation to the site or area where the facility or project is located or, where there is no such agreement, in the management or work plans for the site or facility. The Tlicho Government shall be consulted in the development of such plans.

17.3.6
Where government prepares public information material with respect to protected areas, projects and programs concerning Tlicho heritage resources in Monfwi Gogha De Niitlee (NWT), the Tlicho Government shall be consulted to ensure that appropriate recognition is given to the culture and history of the Tlicho First Nation.

17.4 BURIAL SITES

17.4.1
Immediately upon discovering a burial site in Wekeezhii outside a cemetery, a person shall notify the Tlicho Government and government.

17.4.2
Subject to 17.4.4, a Tlicho burial site on Tlicho lands or in a Tlicho community shall not be surveyed or disturbed without the written consent of the Tlicho Government.

17.4.3
Any person surveying or disturbing a Tlicho burial site shall take appropriate measures to respect the dignity of the site and of any human remains and associated grave goods therein.

17.4.4
A Tlicho burial site on Tlicho lands or in a Tlicho community may be disturbed by police, where authorized by legislation, without the consent of the Tlicho Government, if such disturbance is required in relation to a police investigation.

17.4.5
At the request of one of the Parties, the Parties shall jointly develop procedures for the protection of Tlicho burial sites in Wekeezhii. If they fail to agree on those procedures one of the Parties may refer the matter for resolution in accordance with chapter 6.

17.5 PLACE NAMES

17.5.1
The Tlicho Government may establish its own procedures and policies for place naming within Tlicho lands.

17.5.2
The Tlicho Government may, in consultation with government, name or rename lakes, rivers, mountains and other geographic features and locations wholly within Tlicho lands and Tlicho communities.

17.5.3
Once the Tlicho Government notifies government that it has given a new place name for a lake, river, mountain or other geographic feature or location wholly within Tlicho lands and Tlicho communities, that new name shall be recognized as the official name by government and the Tlicho Government.

17.5.4
Where the Tlicho Government requests government to establish a new official name or change an existing official name of a lake, river, mountain or other geographic feature or location wholly or partly in Wekeezhii that is located wholly or partly outside Tlicho lands, government and the Tlicho Government shall, taking into account the integral role that place names play in the living history of the Tlicho First Nation, attempt to reach an agreement on the official name.

17.5.5
Government will consult the Tlicho Government when considering any proposal to name or rename a lake, river, mountain or other geographic feature or location wholly or partly in Wekeezhii.

17.5.6
Tlicho place names recognized as official under 17.5.3 or 17.5.4 shall be included, to the extent practicable and in accordance with map production specifications of the Government of Canada, on NTS mapsheets when they are revised and on other maps when they are produced or revised by government.

17.6 EZODZITI

17.6.1
The area known as Ezodziti and described in the appendix to this chapter is a heritage resource of historical and cultural significance to the Tlicho First Nation and to all Canadians.

17.6.2
Government shall not grant any interests in Ezodziti.

APPENDIX TO CHAPTER 17
DESCRIPTION OF EZODZITI (17.6.1)

Official Description

Notes: All geographic coordinates are based upon North American Datum of 1927.

All geographic coordinates are expressed in degrees and minutes.

Any references to straight lines means points joined directly on a North American Datum of 1927 Universal Transverse Mercator projected plane surface.

Ezodziti comprises all that area of land in the Northwest Territories described as follows:

Commencing at the point of intersection of latitude 64º45'N and longitude 119º23'W;

thence in an easterly direction following a straight line to the intersection of latitude 64º 45' and longitude 119º 09';

thence in a southeasterly direction following a straight line to the intersection of latitude 64º 38' and longitude 118º 58';

thence in a southeasterly direction following a straight line to the intersection of latitude 64º 29' and longitude 118º 55';

thence in a southeasterly direction following a straight line to the intersection of latitude 64º 25' and longitude 118º 41';

thence in a southerly direction following a straight line to the intersection of latitude 64º 15' and longitude 118º 41';

thence in a northwesterly direction following a straight line to the intersection of latitude 64º 16' and longitude 119º 23'; and

thence in a northerly direction following a straight line to the point of commencement.

Illustrative Map

An illustrative map showing Ezodziti may be found in part 3 of the appendix to chapter 1.

18.1 TLICHO TITLE

18.1.1
The Tlicho Government, on behalf of the Tlicho First Nation, is vested with title, which may be referred to as "Tlicho title", to the lands the boundaries of which are shown on the map described in part 1 of the appendix to this chapter, totalling approximately 39,000 square kilometres, including the mines and minerals that may be found to exist within, upon or under such lands, subject to the interests listed in part 2 of the appendix to this chapter and to any renewals or replacements of such interests and to the interests granted under 18.1.2.

18.1.2
Before the effective date, a person authorized by the Dogrib Treaty 11 Council may, on behalf of the Tlicho Government, execute an agreement for the granting of an interest described in part 3 of the appendix to this chapter. All such interests will come into effect on the effective date and the agreement will bind the Tlicho Government on whose behalf it was executed.

18.1.3
Before the effective date, the chief negotiators may agree in writing to amend part 3 of the appendix to this chapter by adding thereto the descriptions of additional interests, and that part of the appendix shall be deemed to have been amended in accordance with such an amending agreement upon the execution of the amending agreement by the chief negotiators.

18.1.4
During the first year after the effective date, the Parties will amend part 2 of the appendix to this chapter to include any interests granted before the effective date that are still in effect immediately before that date. Any such amendment will be deemed to have been made immediately before the effective date.

18.1.5
In the case of a dispute among the Parties as to whether any interest has been granted before the effective date or is still in effect immediately before that date, one of the Parties may refer the dispute for resolution in accordance with chapter 6. Any interest that an arbitrator determines under chapter 6 to have been granted before the effective date and to still have been in effect immediately before that date shall be deemed to have been included in part 2 of the appendix to this chapter immediately before the effective date.

18.1.6
During the first year after the effective date, the Parties may amend part 2 of the appendix to this chapter to correct an error in the reference to an interest or to remove therefrom an interest that did not exist immediately before the effective date. Any such amendment will be deemed to have been made immediately before the effective date.

18.1.7
Tlicho title is held in the form of fee simple title. The form of title shall not be construed as having the effect of extinguishing any rights recognized and affirmed by section 35 of the Constitution Act, 1982. Title held by the Tlicho Government to Tlicho lands does not include title to water in, on or under the lands.

18.1.8
Unless otherwise provided on the map described in part 1 of the appendix to this chapter or on a registered plan of survey of the boundaries of Tlicho lands,

(a) Tlicho title shall include title to the beds of lakes, rivers and other water bodies wholly contained within the boundaries of Tlicho lands;

(b) where a boundary of Tlicho lands crosses a lake, river or other water body, Tlicho title shall include the portion of the bed of that water body within the boundaries of Tlicho lands; and

(c) Tlicho title shall not include title to the bed of any lake, river or other water body or to any island in a water body where the water body is shown or described as a boundary of Tlicho lands.

18.1.9
Tlicho lands may only be conveyed by the Tlicho Government to

(a) government or a Tlicho community government; or

(b) government or another expropriating authority, in circumstances where that authority could expropriate those lands.

18.1.10
The lands conveyed by the Tlicho Government under 18.1.9 cease to be Tlicho lands and any lands the fee simple title to which is received in exchange that are adjacent to Tlicho lands become Tlicho lands, if the title held by the Tlicho Government includes all the minerals.

18.1.11
18.1.9 shall not be interpreted to prevent the Tlicho Government from granting leases or licences to any person for the use and occupancy of Tlicho lands, or from granting rights to any person to remove natural resources, including minerals, and to own such resources upon removal.

18.1.12
Tlicho lands are not subject to seizure or sale under court order, writ of execution or any other process whether judicial or extra-judicial.

18.1.13
Tlicho lands shall not be mortgaged, charged or given as security.

18.1.14
18.1.12 and 18.1.13 do not apply to any leasehold interest in Tlicho lands or to any mortgage, charge or security granted in respect of such a leasehold interest.

18.1.15
No person may acquire, by prescription, an estate or interest in Tlicho lands.

18.1.16
Subject to chapter 20, any access route across Tlicho lands which is established or improved after the effective date shall, unless the Tlicho Government otherwise agrees, remain Tlicho lands and not be a highway or public road, by operation of law or otherwise.

18.2 SPECIFIED SUBSTANCES

18.2.1
The holder of a mining right listed in part 2 of the appendix to this chapter or that is a renewal or replacement thereof granted by government, has the right to take, use, damage or destroy specified substances in those lands, incidentally in the course of exercising that mining right, but shall, where practicable, exercise such rights so as to minimize interference with the right of the Tlicho Government to work specified substances.

18.2.2
No compensation shall be paid to the Tlicho Government in respect of any specified substances taken, used, damaged or destroyed in accordance with 18.2.1.

18.2.3
Any specified substances taken, used, damaged or destroyed in accordance with 18.2.1 shall be the property of the holder of the mining right referred to in 18.2.1, except that the specified substances that are still on the land that is subject to that mining right when the right terminates become the property of the Tlicho Government.

18.3 CONTAMINATED SITES

18.3.1
Where government undertakes any program respecting the clean-up of contaminated sites on Crown lands in Monfwi Gogha De Niitlee (NWT), the program shall apply to such sites on Tlicho lands that are listed in part 4 of the appendix to this chapter as if the lands were Crown lands.

18.3.2
After the effective date, the Parties may agree that a site not listed in part 4 of the appendix to this chapter existed on the effective date and, upon consent of the Parties, the list in that part of the appendix to this chapter shall be considered to have been amended to include that site.

18.3.3
Any dispute as to whether a contaminated site existed on the effective date may be referred for resolution in accordance with chapter 6 by a Party. If a dispute goes to an arbitrator in accordance with chapter 6 and if the arbitrator confirms that a site existed on the effective date, the list in part 4 of the appendix to this chapter shall be considered to have been amended to include that site.

18.3.4
Government shall be responsible for the costs associated with any clean-up under 18.3.1 on Tlicho lands. This provision shall not prevent government from recovering any costs associated with the clean-up from a person who is liable for these costs.

18.3.5
There shall be no compensation payable for damage which may be caused to Tlicho lands as a result of the clean-up of Tlicho lands under 18.3.1.

18.3.6
Government shall not be liable for any loss or damage to a Tlicho Citizen, to the Tlicho First Nation or to the Tlicho Government from contaminated sites on Tlicho lands whether or not they are known on the effective date. This provision does not affect any obligation of government under 18.3.1 and 18.3.4.

18.4 BOUNDARIES AND SURVEYS

18.4.1
The Government of Canada shall survey the boundaries of Tlicho lands in accordance with the instructions of the Surveyor General and the Canada Lands Survey Act within the time specified in the Implementation Plan.

18.4.2
The Government of Canada shall be responsible for the cost of the survey conducted under 18.4.1.

18.4.3
During the survey conducted under 18.4.1,

(a) those portions of seismic lines and other artificial features used as reference points for the boundaries of Tlicho lands shall be monumented by government sufficiently, as determined by the Surveyor General, to define their location; and

(b) natural features used as reference points for boundaries of Tlicho lands shall be photographed by government.

18.4.4
Where the map described in part 1 of the appendix to this chapter indicates that a part of a boundary of Tlicho lands is defined by reference to natural features but, during the survey conducted under 18.4.1, it is found that the natural features

(a) are not well defined;

(b) do not exist; or

(c) are not located, in relation to other features used as reference points for the boundaries of Tlicho lands, where the map indicates they would be, the Surveyor General shall have the authority, in consultation with the Parties, to mark that part of the boundary on the ground and show it on the plan of survey in a location that reflects as closely as possible the intention of the Parties when the map was finalized.

18.4.5
During the survey conducted under 18.4.1, the Surveyor General, in relation to the boundaries of Tlicho lands adjacent to the Yellowknife Highway as shown on NTS mapsheets 85 J/11, 85 J/12, 85 J/13 and 85 K/9 of the map described in part 1 of the appendix to this chapter, need not follow the exact location of the boundaries as shown on that map but shall mark the boundaries on the ground and show them on the plan of survey so that

(a) the boundary on one side of that highway is parallel to the boundary on the other side of the highway;

(b) the two boundaries are 60 metres apart; and

(c) the highway is approximately centred between the two boundaries to the extent practical.

18.4.6
The Tlicho Government shall be responsible for the cost of surveys associated with the leasing and subdivision of Tlicho lands.

18.4.7
Boundaries of Tlicho lands that are defined by reference to natural features shall change with the movements of the natural features as long as these movements are gradual and imperceptible from moment to moment.

18.4.8
Where there is a dispute respecting the boundary of an interest that is listed in part 2 of the appendix to this chapter or that is a renewal or replacement thereof granted by government between the holder of that interest and the holder of an adjacent interest granted by the Tlicho Government, either holder may refer the dispute to the designated representative of the institution from which it received that interest. Where the representative to whom the dispute was referred and the other designated representative agree, a survey shall be conducted in accordance with their agreement. The plan of survey, upon registration under 18.5, replaces any other description of the boundary. The Minister shall, for the purpose of this provision, designate who is the representative of a government institution.

18.4.9
Where a survey is conducted under 18.4.8 for an interest created by an instrument that is registered at the Land Titles Office for the Northwest Territories, the plan of the survey may, if it is signed by the representatives who agreed to it being conducted, signifying their acceptance of the plan, be submitted by one of those representatives to the Registrar of Land Titles for the Northwest Territories for registration. Upon submission of the plan in the required form, the Registrar shall register it.

18.4.10
Where a survey is conducted under 18.4.8, the plan of survey replaces any other description of the boundary of the interests upon registration if the instrument creating the interest is registered, or, in any other case, upon signing by the representatives. The costs of the survey and of the registration of the plan shall be borne equally by the institutions that granted the interests, each of which may recover its costs from the holder of the interest it granted.

18.5 REGISTRATION

18.5.1
The Government of Canada shall submit to the Registrar of Land Titles for the Northwest Territories, for registration, the plan of survey of the boundaries of Tlicho lands prepared under 18.4.1 as soon as possible after the plan has been signed by representatives of the Parties, signifying their acceptance of it. Upon submission of the plan in the required form, the Registrar shall register it.

18.5.2
The Tlicho Government has a right to obtain a certificate of title of Tlicho lands after the plan of survey prepared under 18.4.1 has been registered, upon making a request in the form prescribed by legislation.

18.5.3
Subject to 18.5.4, upon the registration of the plan of survey prepared under 18.4.1, the surveyed boundaries of Tlicho lands replace the description of the boundaries of Tlicho lands shown on the map described in part 1 of the appendix to this chapter, as of the effective date.

18.5.4
The surveyed boundaries of Tlicho lands adjacent to the Yellowknife Highway replace the description of those boundaries as shown on the map described in part 1 of the appendix to this chapter, as of the date of registration of the plan of survey prepared under 18.4.1.

18.6 ADMINISTRATION OF EXISTING RIGHTS AND INTERESTS

18.6.1
Government shall continue to administer the interests listed in part 2 of the appendix to this chapter and any renewals or replacements thereof granted by government under legislation, as if the lands had not become Tlicho lands. Government shall have the power to grant renewals and replacements for those interests under that legislation, as if the lands had not become Tlicho lands, except that, in the case of an interest that is not a mining right, this power does not extend to a renewal or replacement that would authorize an activity of a type or in a location not authorized by the interest renewed or replaced. For greater certainty, any dispute resolution process in the Crown lands legislation continues to apply to interests listed in part 2 of the appendix to this chapter and their renewals and replacements.

18.6.2
Subject to 18.6.5 and 25.2, government may make discretionary decisions respecting an interest referred to in 18.6.1 on the basis of government's resource management policy, including those respecting royalties, rents and other charges.

18.6.3
Government shall be under no fiduciary obligation to the Tlicho First Nation or to the Tlicho Government in the administration under 18.6.1 or in the decision-making under 18.6.2.

18.6.4
Government shall consult the Tlicho Government before changing legislation under which any interests referred to in 18.6.1 were granted.

18.6.5
Government shall notify the Tlicho Government before making any change in any interests referred to in 18.6.1, including a change to the royalties, rents or other charges that apply to them.

18.6.6
Nothing in 18.1.1 or 18.6.1 shall prevent the holder of an interest referred to in 18.6.1 and the Tlicho Government from agreeing to the termination of the interest, with or without a replacement arrangement between the holder and the Tlicho Government.

18.7 ROYALTIES AND NON-REFUNDED RENTS

18.7.1
Any royalties or non-refunded rents received by government, in respect of the period between the date of the Agreement and the effective date, for an interest listed in part 2 of the appendix to this chapter, shall be accounted for by government and an equal amount paid to the Tlicho Government as soon as practicable after the effective date.

18.7.2
Any royalties or non-refunded rents received by government in respect of the period after the effective date for an interest listed in part 2 of the appendix to this chapter or for any replacement thereof shall be accounted for by government and an equal amount paid to the Tlicho Government as soon as practicable after each calendar year quarter.

18.7.3
Amounts payable by government under 18.7.1 and 18.7.2 and amounts payable to another Aboriginal people under any similar provision in another land claims agreement in the Mackenzie Valley shall not be considered as amounts received by government for the purpose of 25.1.2.

18.8 SHARING OF EXCESS REVENUES FROM TLICHO MINERALS

18.8.1
The Tlicho Government shall share any excess mineral revenues with the Aboriginal people who have completed land claims agreements in the Mackenzie Valley.

APPENDIX TO CHAPTER 18
PART 1 BOUNDARIES OF TLICHO LANDS (18.1.1)

Official Description

The map with the description of the boundaries of Tlicho lands is the map, consisting of 88 mapsheets, numbered 1 to 88, initialled by the Chief Negotiators of the Dogrib Treaty 11 Council, the Government of the Northwest Territories and the Government of Canada, and filed in the Land Titles Office, Northwest Territories Registration District on February 6, 2003 as plan number 3780.

Illustrative Map

An illustrative map showing Tlicho lands may be found in part 3 of the appendix to chapter 1.

List of Excluded Parcels

Notes: The lists in this part are intended to be a snapshot of the excluded parcels as of the effective date, and are included in this appendix for general information only. The official descriptions of the excluded parcels are referenced on the map filed in the Land Titles Office on February 6, 2003 as plan number 3780.

"LTO" means Land Titles Office, Northwest Territories Registration District.

"NTS" means National Topographic System.

"CLSR" means Canada Lands Surveys Records.

The boundaries of the excluded parcels are described in the following:

A. Certificates of Title registered in the Land Titles Office, Northwest Territories Registration District:

B. mining leases filed in the Mining Recorders Office, Department of Indian Affairs and Northern Development, Government of Canada, in Yellowknife:

C. mining claims recorded in the Mining Recorders Office, Department of Indian Affairs and Northern Development, Government of Canada, in Yellowknife:

D. Tlicho mapsheets:

PART 2 EXISTING INTERESTS (9.2.1; 18.1.1; 18.1.4; 18.1.5; 18.1.6; 18.2.1; 18.6.1; 18.7.1; 18.7.2; 19.3.1)

Notes: The lists in this part are intended to be a snapshot of the existing interests as of the effective date.

"NTS" means National Topographic System.

"CLSR" means Canada Lands Surveys Records.

The existing interests are described in the following:

A. documents on file with Land Administration, Department of Indian Affairs and Northern Development, Government of Canada, in Yellowknife:

B. mining leases filed in the Mining Recorders Office, Department of Indian Affairs and Northern Development, Government of Canada, in Yellowknife:

C. mining claims recorded in the Mining Recorders Office, Department of Indian Affairs and Northern Development, Government of Canada, in Yellowknife:

D. easement for Northwest Territories Power Corporation transmission line to Snare Rapids as shown on CLSR Plans numbered 41834, 41835, 41836, 41837, 42176 and 42177.

PART 3 NEW INTERESTS WITH TLICHO GOVERNMENT (18.1.2; 18.1.3)

Note: "LTO" means Land Titles Office, Northwest Territories Registration District.

The interests that may be granted under 18.1.2 are:

A. the following agreements with the Northwest Territories Power Corporation:

Lease of Lot 1000, Quad 85N/9, LTO Plan 2289
Interplant Powerline Easement
Interplant Roadway Easement
Inundation Easement
Spillway Road and Powerline Agreement

B. leases with the Government of the Northwest Territories in respect of the areas described in documents 85 K/9-23-2, 85 N/14-1-2 and 85 N/15-2-2 on files numbered 85 K/9-23, 85 N/14-1 and 85 N/15-2 respectively with Land Administration, Department of Indian Affairs and Northern Development, Government of Canada, in Yellowknife.

PART 4 CONTAMINATED SITES (18.3.1; 18.3.2; 18.3.3)

Notes: The list in this part is intended to be a snapshot of the existing contaminated sites as of the effective date.

The geographic coordinates are based upon North American Datum of 1927 and are expressed in degrees, minutes and seconds.

19.1 GENERAL

19.1.1
Except as provided in this chapter, or by the law of Canada that applies to lands held in fee simple, persons who are not Tlicho Citizens may only enter, cross or stay on Tlicho lands and waters overlying such lands with the agreement of the Tlicho Government. Any person, other than a person exercising rights under 19.5.1 or 19.5.4, who contravenes any provision of this chapter shall be considered to be a trespasser.

19.1.2
Unless otherwise provided in an agreement with the Tlicho Government, persons exercising a right of access to Tlicho lands and waters overlying such lands do so at their own risk and have no right of action against the Tlicho Government, the Tlicho First Nation or a Tlicho Citizen for loss suffered or damage arising therefrom, except where such loss or damage results from a danger negligently created by the Tlicho Government, the Tlicho First Nation or any Tlicho Citizen.

19.1.3
Where a person has a right of access under more than one provision in this chapter, that person may have access pursuant to the least restrictive applicable provision.

19.1.4
The rights provided in this chapter are subject to any restrictions or prohibitions established by or under legislation or by or under Tlicho laws imposing conditions agreed to by government in accordance with 19.1.9, conditions allowed by 19.2.3 or conditions established in accordance with chapter 6 where that process is expressly provided for by this chapter.

19.1.5
Subject to restrictions that may be imposed under the Agreement or legislation, a person may exercise a right of access by any mode of transport.

19.1.6
Unless otherwise provided in an agreement with the Tlicho Government, the exercise of the rights of access under 19.2.1, 19.4.1, 19.4.5 and 19.5.1 is subject to the condition that the person exercising the right of access

(a) does not cause any significant damage to Tlicho lands, and is responsible for any such damage;

(b) does not commit any mischief on Tlicho lands; and

(c) does not significantly interfere with the use and peaceable enjoyment of Tlicho lands by a Tlicho Citizen or the Tlicho First Nation.

19.1.7
Except for compensation payable for significant damage under 19.1.6(a), and unless otherwise provided by legislation enacted after consultation with the Tlicho Government, there shall be no rental, fee, charge or other compensation payable for the exercise of the rights of access under 19.2.1, 19.3.1, 19.3.2, 19.4.1, 19.4.5, 19.5.1, 19.5.3, 19.5.4, 19.5.6, 19.5.8, 19.5.9, 19.8.1 and 19.8.2 or for any cost incurred by the Tlicho Government in relation to the access.

19.1.8
The Tlicho Government may not establish conditions for the exercise of access rights under this chapter, except conditions agreed to by government in accordance with 19.1.9, conditions allowed by 19.2.3 or conditions established in accordance with chapter 6 where that process is expressly provided for by this chapter. This provision is not intended to restrict the establishment of any conditions agreed to by a person to whom such conditions would apply.

19.1.9
Subject to 19.1.10 and 19.1.11, the Tlicho Government may establish conditions for the exercise of access rights under 19.2.1, 19.4.1, 19.4.5, 19.5.1, 19.8.1 or 19.8.2 that are agreed to by government or, failing such agreement, that are established in accordance with chapter 6. Where government and the Tlicho Government do not reach agreement on the establishment of a proposed condition, the Tlicho Government may refer the dispute for resolution in accordance with chapter 6.

19.1.10
Conditions established in accordance with 19.1.9, whether through agreement with government or the process set out in chapter 6, may only consist of

(a) the identification of specific areas or locations, seasons of the year or times of the day in respect of which the access rights may not be exercised in order to

(i) protect the environment,

(ii) avoid conflict with harvesting by the Tlicho Citizens or with other uses of the land by the Tlicho Citizens,

(iii) conserve wildlife or wildlife habitat, or

(iv) protect Tlicho communities or camps; or

(b) requirements for notice or registration by persons exercising the access rights.

19.1.11
Conditions may not be established in accordance with 19.1.9, whether through agreement with government or the process set out in chapter 6, for the exercise of access rights in relation to law enforcement, investigations or inspections under the law of Canada.

19.2 NON-COMMERCIAL ACCESS

19.2.1
Subject to 19.1.6, 19.1.9 and 19.2.2 to 19.2.5, any person has a right of access to Tlicho lands and waters overlying such lands.

19.2.2
The right of access under 19.2.1 does not include the right to engage in any commercial activity or to establish any permanent or seasonal camp or structure on Tlicho lands.

19.2.3
Subject to 10.1.1(b), to Tlicho laws that also apply to Tlicho Citizens and to legislation, a person exercising the right of access under 19.2.1 may harvest wildlife, trees and plants.

19.2.4
Except where 19.2.5 applies, if the right of access under 19.2.1 is exercised for the purpose of reaching adjacent lands or waters to exercise a right, interest or privilege on those adjacent lands or waters, such as to go to or from a place of work or to or from a place of recreation, it shall, where practicable, take place

(a) upon prior notice to the Tlicho Government;

(b) on a route identified for that purpose by the Tlicho Government in accordance with any restrictions specified by it; or

(c) on a route being used for such access on a regular basis, whether year round or intermittently, if the exercise of such access does not cause significant alteration in the use of the route.

19.2.5
Where, in the course of exercising the right of access under 19.2.1, a person enters or leaves a Tlicho community, that person shall, to the extent possible, use a route that is being used for such access on a regular basis, whether year round or intermittently, and shall not cause significant alteration in the use of the route.

19.2.6
Any person may access Tlicho lands and waters overlying such lands without prior notice in an emergency.

19.3 EXISTING RIGHTS AND INTERESTS

19.3.1
Subject to 19.3.3, the holder of an interest in an excluded parcel listed in part 1 of the appendix to chapter 18 or the holder of an interest listed in part 2 of the appendix to chapter 18, including a renewal or replacement, has a right of access to Tlicho lands and waters overlying such lands to allow the exercise of that interest.

19.3.2
Subject to 19.3.3, the holder of a land use permit granted by the Mackenzie Valley Land and Water Board before the effective date has a right of access to Tlicho lands and waters overlying such lands to allow the exercise of that permit.

19.3.3
Where the exercise of the right of access under 19.3.1 or 19.3.2 involves any activity of a type or in a location not authorized at the effective date, the exercise of that right of access is subject to the agreement of the Tlicho Government or, failing such agreement, to conditions established in accordance with chapter 6. Where the person with the right of access and the Tlicho Government do not reach agreement on conditions for the exercise of that right of access, the person with the right of access may refer the dispute for resolution in accordance with chapter 6, but may not exercise it until the dispute has been resolved.

19.3.4
The rights of access under 19.3.1 and 19.3.2 extend to any employee, client or guest of the holder of the right or interest.

19.4 COMMERCIAL ACCESS

19.4.1
Subject to 19.1.6, 19.1.9, 19.4.2 and 19.4.3, any person has, for travel by water in the course of conducting a commercial activity, a right of access to

(a) any navigable river that overlies Tlicho lands and any other navigable water body that overlies Tlicho lands where the other water body can be entered from a navigable river;

(b) portages on Tlicho lands associated with a navigable river or other navigable water body that can be entered from a navigable river; and

(c) Tlicho lands that are waterfront lands.

19.4.2
The right of access under 19.4.1 must be exercised using the most direct route and by minimizing use of the portages and waterfront lands.

19.4.3
The right of access under 19.4.1 to portages on Tlicho lands and to Tlicho lands that are waterfront lands

(a) is subject to prior notice being given to the Tlicho Government; and

(b) does not include the right to engage in any commercial activity, other than an activity that is necessarily incidental to travel, or to establishing any permanent or seasonal camp or structure.

19.4.4
Where a person is unable to comply with the conditions set out in 19.1.6, 19.4.2 and 19.4.3, that person has a right of access to the places listed in 19.4.1 for the purpose of travelling by water in the course of conducting a commercial activity, with the agreement of the Tlicho Government or, failing such agreement, on conditions established in accordance with chapter 6. Where the person with the right of access and the Tlicho Government do not reach agreement on conditions for the exercise of that right of access, the person with the right of access may refer the dispute for resolution in accordance with chapter 6, but may not exercise it until the dispute has been resolved.

19.4.5
Subject to 19.1.6 and 19.1.9, any person who requires access to Tlicho lands or to waters overlying such lands to reach adjacent lands or waters for commercial purposes has a right to such access provided that

(a) the access is of a casual and insignificant nature and prior notice is given to the Tlicho Government; or

(b) the route is being used for such access on a regular basis, whether year round or intermittently and the exercise of such access does not result in a significant alteration in the use of the route.

19.4.6
Subject to 19.4.7 and 19.4.8, where a person is unable to comply with the conditions applicable to the right of access under 19.4.5, that person has a right of access to Tlicho lands or to waters overlying such lands to reach adjacent lands or waters for a commercial purpose with the agreement of the Tlicho Government or, failing such agreement, on conditions established in accordance with chapter 6. Where the person with the right of access and the Tlicho Government do not reach agreement on conditions for the exercise of that right of access, the person with the right of access may refer the dispute for resolution in accordance with chapter 6, but may not exercise it until the dispute has been resolved.

19.4.7
Failing agreement with the Tlicho Government, a person shall not exercise the right of access under 19.4.6 unless that access has been established in accordance with chapter 6 as being reasonably required.

19.4.8
Any conditions for access under 19.4.6 established in accordance with chapter 6 shall ensure that such access is by a suitable route least harmful to the Tlicho First Nation and Tlicho Citizens.

19.5 GOVERNMENT ACCESS

19.5.1
Subject to 19.1.6, 19.1.9 and 19.5.2, agents, employees, contractors of government, members of the Canadian Forces and peace officers have a right of access to Tlicho lands and waters overlying such lands and to use natural resources incidental to such access to deliver and manage government programs and services, to carry out duties under the law of Canada and to respond to emergencies. Government shall give prior notice of such access to the Tlicho Government when it is reasonable to do so.

19.5.2
Except as provided by 19.5.3, 19.5.9 or 19.8.1, if government requires the continuous use or occupancy of Tlicho lands for more than two years, the Tlicho Government may require government to acquire an interest in the lands for that purpose by agreement or under chapter 20.

19.5.3
Government may establish, on Tlicho lands, after consultation with the Tlicho Government prior to the start of a navigation season, navigational aids and safety devices along the shorelines of navigable waters provided that the area occupied by each such navigational aid or safety device does not exceed

(a) two hectares, for range markers and buoy transits; or

(b) 0.1 hectare, for single beacons.

19.5.4
The Department of National Defence and the Canadian Forces have a right of access to Tlicho lands and waters overlying such lands for military manoeuvres with the agreement of the Tlicho Government or, failing agreement, on conditions established in accordance with chapter 6. Where the Minister of National Defence and the Tlicho Government do not reach agreement on conditions for the exercise of that right of access, the Minister of National Defence may refer the dispute for resolution in accordance with chapter 6, but that Department and those Forces may not exercise it until the dispute has been resolved. 19.5.5 Nothing in 19.5.4 is intended to limit the authority of the Minister of National Defence under section 257 of the National Defence Act, R.S. 1985, c. N-5.

19.5.6
Any person authorized under legislation to provide to the public electrical power, telecommunications services or similar public utilities, other than pipelines for the transmission of hydrocarbons, shall have a right of access to Tlicho lands and waters overlying such lands to carry out assessments, surveys and studies in relation to the proposed services, provided they consult with the Tlicho Government prior to exercising such right.

19.5.7
Unless otherwise provided in an agreement with the Tlicho Government, where access under 19.5.6 results in damage to Tlicho lands or interference with the use of and peaceable enjoyment of Tlicho lands by the Tlicho First Nation or a Tlicho Citizen, the person exercising the right shall, notwithstanding 19.1.7, compensate the Tlicho Government, in the case of damage to Tlicho lands, or the Tlicho Citizens whose use or peaceable enjoyment has been interfered with in an amount agreed to by the Tlicho Government and that person or, failing such agreement, in an amount determined in accordance with chapter 6. Where the person with the right of access under 19.5.6 and the Tlicho Government do not reach agreement on the amount of compensation offered, the Tlicho Government may refer the dispute for resolution in accordance with chapter 6.

19.5.8
A Tlicho community government has a right of access, with the agreement of the Tlicho Government or, failing agreement, on terms established in accordance with chapter 6, to locate, maintain and operate, on Tlicho lands, water intake facilities for the purpose of providing water for community purposes. For greater certainty, this right of access includes the right to use waters overlying Tlicho lands for that purpose. Where the Tlicho community government and the Tlicho Government do not reach agreement on the terms of this right of access, the Tlicho community government may refer the matter for resolution in accordance with chapter 6.

19.5.9
Government may establish stream gauges and fuel caches, on Tlicho lands, after consultation with the Tlicho Government.

19.6 ACCESS TO CLEAN UP CONTAMINATED SITES

19.6.1
Where the clean-up under 18.3.1 of a contaminated site on or surrounded by Tlicho lands is conducted by government or by a person, including the Tlicho Government, under contract with or funded by government, the government or person conducting the clean-up shall, for that purpose, have a right of access to the Tlicho lands and waters overlying such lands and a right to use specified substances or other natural resources on Tlicho lands to the extent necessary to conduct the clean-up.

19.6.2
There shall be no rental, fee, charge or other compensation payable for the exercise of the right of access or for the use of specified substances or other natural resources under 19.6.1 or for any cost incurred by the Tlicho Government in relation to the resources or access.

19.7 ACCESS TO CONSTRUCTION MATERIALS

19.7.1
Subject to 19.7.2, the Tlicho Government shall provide, to any person, government or a Tlicho community government, supplies of, and permit access to, sand, gravel, clay and other like construction materials on Tlicho lands and shall permit that person or government access to Tlicho lands for the purpose of obtaining such supplies.

19.7.2
The Tlicho Government is not obliged to supply materials under 19.7.1 where the materials are to be used on lands other than Tlicho lands unless there is no alternative source of supply reasonably available in an area closer to those other lands.

19.7.3
Subject to 19.7.4, the Tlicho Government is entitled to be paid for the value of materials supplied under 19.7.1 and for the exercise of access under that provision.

19.7.4
The Tlicho Government is not entitled to be paid for materials supplied or the exercise of access under 19.7.1 or for any cost incurred by the Tlicho Government in relation to those materials or for the access if the materials are to be used, for a public purpose, on Tlicho lands or in a Tlicho community or for a public road bordering Tlicho lands or a Tlicho community.

19.7.5
If the government or the person seeking the supply of the materials under 19.7.1 and the Tlicho Government do not agree on a condition respecting the supply of, or access to, the materials or on the application of 19.7.2 or 19.7.4, the government or person may refer the matter for resolution in accordance with chapter 6.

19.7.6
Any conflict between the use of construction materials by a person, government or Tlicho community government under 19.7.1 and the use of construction materials by the Tlicho Government or Tlicho Citizens, may be referred by that person, government, the Tlicho community government or the Tlicho Government for resolution in accordance with chapter 6.

19.8 ACCESS TO WINTER ROADS

19.8.1
Subject to 19.1.9, agents, employees and contractors of the Government of the Northwest Territories have a right of access without charge to Tlicho lands and waters overlying those lands, for the purpose of establishing and building the Gamètì and Whatì winter roads whose approximate locations are shown on the map in the appendix to this chapter and for the purpose of managing, controlling, varying and closing up those roads.

19.8.2
Subject to 19.1.9, any person has a right to travel on the winter roads referred to 19.8.1 in accordance with territorial legislation in respect of public highways.

19.8.3
Territorial legislation in respect of public highways apply to the winter roads referred to in 19.8.1 as if they were Crown lands. In the event that there is a conflict between territorial legislation in respect of public highways and laws of the Tlicho Government, the territorial legislation in respect of public highways prevails to the extent of the conflict.

APPENDIX TO CHAPTER 19 MAP SHOWING APPROXIMATE LOCATION OF GAMETI AND WHATI WINTER ROADS (19.8.1)

Map of Winter Roads Rights of Way

20.1 GENERAL PRINCIPLE

20.1.1
It is of fundamental importance to maintain the quantum and integrity of Tlicho lands. Therefore, as a general principle, such lands shall not be expropriated, but if expropriation is necessary, the minimum interest required shall be taken.

20.2 GENERAL

20.2.1
Before proceeding with expropriation of Tlicho lands, an expropriating authority shall discuss with the Tlicho Government the need for expropriation and shall attempt to negotiate with it an agreement for the transfer of the required interest, including its location, extent and nature.

20.2.2
Tlicho lands may be expropriated by an expropriating authority in accordance with legislation as modified by the provisions of this chapter.

20.2.3
Nothing in this chapter is intended to eliminate or duplicate any legislative requirement for a public hearing or inquiry into the necessity of an expropriation.

20.3 CONSENT

20.3.1
Expropriation of Tlicho lands shall require the consent of the Governor in Council where expropriation is under an Act of Parliament, or the Executive Council of the Government of the Northwest Territories where expropriation is under an Act of the Northwest Territories. The Governor in Council or the Executive Council, as the case may be, shall consider the principle in 20.1.1 and shall not give such consent unless the Governor in Council or the Executive Council, as the case may be, is satisfied that there is no other reasonable alternative to the expropriation.

20.3.2
Notice of the intention of an expropriating authority to seek the consent of the Governor in Council or the Executive Council, as the case may be, shall be given to the Tlicho Government by the expropriating authority.

20.4 COMPENSATION

20.4.1
An expropriating authority shall offer, as compensation for Tlicho lands, alternative lands wholly in Wekeezhii that are of equivalent significance and value as the expropriated lands, that are available and that are adjacent to Tlicho lands. Where the expropriating authority offers alternate lands the subsurface of which is held by government, government shall provide the subsurface.

20.4.2
Subject to 20.4.3, to the extent the expropriating authority has no alternative lands as compensation shall be in money. Compensation may be a combination of such lands and money.

20.4.3
Where an expropriating authority has no alternative lands as described in 20.4.1, government shall provide lands to the expropriating authority by sale or otherwise providing that government has lands that are wholly in Wekeezhii, that are available and that are adjacent to Tlicho lands.

20.4.4
For the purpose of 20.4.1, land is not available to be provided as alternative lands if it is

(a) subject to a lease or an agreement for sale unless the expropriating authority and the person holding that interest consent;

(b) occupied or used by the expropriating authority or a Tlicho community government or required for such future occupation or use;

(c) part of a public road;

(d) within 31 metres of a boundary of Wekeezhii; or

(e) for any other reason considered unavailable by an arbitrator under 6.5 or arbitration committee under 6.8.

20.4.5
For the purpose of 20.4.3, land held by government is not available to be provided as alternative lands if it is

(a) subject to an agreement for sale or a lease unless government and the person holding that interest consent;

(b) occupied or used by government or a Tlicho community government or required for such future occupation or use; or

(c) land described in 20.4.4(c), (d) or (e).

20.4.6
The expropriating authority or government shall, when offering alternative lands to the Tlicho Government, identify any existing third party rights or interests.

20.4.7
In determining the value of Tlicho lands for the purpose of compensation or the value of alternative lands, the value of the lands for the purpose of harvesting of wildlife and the cultural or other special value to the Tlicho First Nation shall be taken into account.

20.4.8
In the event the Tlicho Government and the expropriating authority do not agree on compensation for Tlicho lands, the matter shall be referred for resolution in accordance with chapter 6.

20.4.9
The arbitrator under 6.5 or the arbitration committee under 6.8 may make an award of alternative land described in 20.4.1 if accepted by the Tlicho Government, of money or of any combination thereof and, where appropriate, of costs and interest.

20.4.10
Any lands, the fee simple title to which is expropriated under this chapter, shall no longer be Tlicho lands even where not all of the minerals are expropriated. Alternative lands, the fee simple title to which is acquired by the Tlicho Government under this chapter, if the lands are adjacent to Tlicho lands and if the title held by the Tlicho Government includes all the minerals, become Tlicho lands. The title held by the Tlicho Government in alternative lands that are Tlicho lands shall be subject to any interests of any third party that exist at the date the lands vest in the Tlicho Government and in respect of which the Tlicho Government has been notified by that date. When the lands become Tlicho lands, part 2 of the appendix to chapter 18 shall be deemed to include such interests.

20.4.11
Where Tlicho lands which have been expropriated are, in the opinion of the expropriating authority, no longer required, the Tlicho Government may reacquire such lands at a price to be established by the expropriating authority. The expropriating authority may not dispose of the lands for a price less than that at which they were offered to the Tlicho Government.

20.4.12
Lands reacquired by the Tlicho Government under 20.4.11 shall, if government agrees and the title held by the Tlicho Government includes all the minerals, become Tlicho lands.

20.4.13
Where government and the Tlicho Government agree, the determination of the amount of compensation to be paid for expropriated land may be deferred, but when this determination is made, it shall be based on the value of the expropriated land at the time it was expropriated.

20.5 PUBLIC ROADS

20.5.1
Notwithstanding 20.4 and any legislation, government may expropriate Tlicho lands in accordance with 20.1 to 20.3 for use as a public road without compensation to the Tlicho Government.

20.5.2
No lands expropriated under 20.5.1 may be used for any purpose other than a public road without the payment of compensation in accordance with 20.4.

20.5.3
Any dispute between government and the Tlicho Government as to the location of a public road for which Tlicho lands are to be expropriated under 20.5.1 may be referred by a Party for resolution in accordance with chapter 6.

20.5.4
Where any lands expropriated under 20.5.1 or conveyed without compensation to government for a public road under 18.1.9 are no longer needed for a public road, government shall grant back to the Tlicho Government the fee simple interest in those lands and those lands become Tlicho lands.

20.5.5
The amount of land expropriated under 20.5.1 or conveyed without compensation to government for a public road under 18.1.9 and not granted back to the Tlicho Government under 20.5.4 shall not exceed, at any time, 150 square kilometres.

21.1 GENERAL

21.1.1
The use of water and the deposit of waste in Monfwi Gogha De Niitlee (NWT) are subject to legislation.

21.1.2
The property in water in Wekeezhii may be determined by legislation, and nothing in the Agreement shall be construed as granting the Tlicho Government, a Tlicho Citizen or the Tlicho First Nation property rights in respect of water.

21.2 TLICHO RIGHTS

21.2.1
Subject to the other provisions of the Agreement, the Tlicho First Nation has the exclusive right to use or deposit waste in waters which are on or flow through Tlicho lands when such waters are on or flowing through Tlicho lands. This does not prevent persons who are not Tlicho Citizens from using such waters or from depositing waste in such waters with the consent of the Tlicho Government.

21.2.2
For greater certainty, any condition on the use of waters or the deposit of waste in waters which are on or flow through Tlicho lands that is imposed under legislation, including by an authorization issued by the Wekeezhii Land and Water Board, prevails over any conflicting condition imposed by the Tlicho First Nation or the Tlicho Government by or under any authority recognized in the Agreement, including Tlicho laws.

21.2.3
Subject to any use of water, deposit of waste or activity referred to in 21.3.2 or 21.3.3 that is authorized by law, including by an authorization issued by the Wekeezhii Land and Water Board or by another competent water authority, the Tlicho First Nation has the right to have waters which are on or flow through or are adjacent to Tlicho lands remain substantially unaltered as to quality, quantity and rate of flow when such waters are on or flow through or are adjacent to Tlicho lands.

21.2.4
Subject to legislation of general application and Tlicho laws and, in relation to water that is on lands vested in another Aboriginal people under a land claims agreement, limitations set under that agreement that are of the same type as those that apply in relation to water on Tlicho lands, a Tlicho Citizen has the right to use water in Monfwi Gogha De Niitlee (NWT), without licence, permit or other authorization, for the harvesting of wildlife under 10.1.1, including transportation relating thereto, or for Tlicho heritage, cultural or spiritual purposes.

21.2.5
The Tlicho Government has a cause of action against any person in respect of any use of water, deposit of waste or other activity not authorized by law which substantially alters the quality, quantity or rate of flow of waters which are on or flow through or are adjacent to Tlicho lands, with such remedies as if the Tlicho Government had riparian rights.

21.2.6
For the purposes of 21.2.3 or 21.2.5, the Tlicho Government shall have standing at all times in a court of competent jurisdiction to seek a declaration respecting the authority of any person to alter the quality, quantity or rate of flow of water.

21.3 RIGHTS OF GOVERNMENT AND OTHERS

21.3.1
Subject to the other provisions of the Agreement except 21.2.1, government and persons who are not Tlicho Citizens having a right or interest granted by government in respect of Tlicho lands the exercise of which requires the use of water or the deposit of waste in water, shall have the right to use or deposit waste in water which is on or flowing through Tlicho lands when such water is on or flowing through Tlicho lands, without the consent of the Tlicho Government.

21.3.2
Notwithstanding the ownership of beds of certain water bodies by the Tlicho Government, government retains the right, without the consent of the Tlicho Government, to use water for fighting fires and to protect and manage and use water and beds of such water bodies, for public purposes. Those public purposes include

(a) the protection of wildlife and wildlife habitat;

(b) the protection of water supplies including community water supplies from contamination and degradation;

(c) research with respect to water quality and water quantity; and

(d) flood control and protection of navigation and transportation.

21.3.3
Unless otherwise provided for in legislation, the consent of the Tlicho Government is not required in relation to, and the rights of the Tlicho First Nation under 21.2.1 and 21.2.3 shall not interfere with

(a) rights of navigation and passage on water;

(b) use of water by any person for emergency or domestic purposes; or

(c) any right of access provided for in the Agreement.

21.4 INTERJURISDICTIONAL AGREEMENTS

21.4.1
Government shall use its best efforts to negotiate agreements with territorial or provincial governments which manage drainage basins any part of which are in Wekeezhii for the management of water in the drainage basin.

21.4.2
Government shall consult with the Tlicho Government with respect to the formulation of government positions on the management of water in a drainage basin before negotiating an agreement under 21.4.1.

21.5 LICENSING

21.5.1
The Wekeezhii Land and Water Board shall not authorize a use of water or a deposit of waste that, in its opinion, is likely to alter substantially the quality, quantity or rate of flow of waters on or flowing through or adjacent to Tlicho lands, when such waters are on or flowing through or adjacent to Tlicho lands, unless the Board considers that

(a) there is no alternative which could reasonably satisfy the requirements of the applicant; and

(b) there are no reasonable measures whereby the applicant could avoid the alteration.

21.5.2
The Wekeezhii Land and Water Board shall not authorize a use of water or a deposit of waste anywhere in Wekeezhii which, in its opinion, will likely substantially alter the quality, quantity or rate of flow of waters on or flowing through or adjacent to Tlicho lands, when such waters are on or flowing through or adjacent to Tlicho lands, unless the applicant for the authorization has entered into an agreement with the Tlicho Government to compensate the Tlicho First Nation for loss or damage which may be caused by such alteration, or the Board has accepted a referral to resolve a dispute on the compensation under 6.7.

21.5.3
Where a use of water or a deposit of waste is proposed outside Wekeezhii, but within the Northwest Territories or Nunavut, which, in the opinion of the Wekeezhii Land and Water Board, will likely substantially alter the quality, quantity or rate of flow of water on or flowing through or adjacent to Tlicho lands, when such waters are on or flowing through or are adjacent to Tlicho lands, the use of water or the deposit of waste shall not be authorized by the competent water authority unless the applicant has entered into an agreement with the Tlicho Government to compensate the Tlicho First Nation for loss or damage which may be caused by such alteration, or the Board has accepted a referral to resolve a dispute on the compensation under 6.7.

21.5.4
If the Tlicho Government and the applicant for an authorization for a use of water or deposit of waste described in 21.5.2 or 21.5.3 do not reach an agreement on compensation within the time limit established by the Wekeezhii Land and Water Board, either party may refer the matter of compensation for resolution under chapter 6.

21.5.5
Compensation determined by the Wekeezhii Land and Water Board under 6.7 in respect of a use of water or a deposit of waste described in 21.5.2 or 21.5.3 may be in the form of a lump sum or periodic cash payment or non-monetary compensation such as replacement or substitution of damaged or lost property or equipment or relocation or transportation of Tlicho Citizens or equipment to a different harvesting locale or a combination of such forms of compensation.

21.5.6
In determining, under 6.7, the amount of compensation payable to the Tlicho Government in respect of a use of water or deposit of waste described in 21.5.2 or 21.5.3, the Wekeezhii Land and Water Board shall consider

(a) the effect of the use of water or deposit of waste on the use by Tlicho Citizens of water on or adjacent to Tlicho lands;

(b) the effect of the use of water or deposit of waste on Tlicho lands, taking into account any cultural or special value of the lands to the Tlicho First Nation;

(c) the nuisance, inconvenience and noise caused by the use of water or deposit of waste to Tlicho Citizens on Tlicho lands;

(d) the effect of the use of water or deposit of waste on the harvesting of wildlife by Tlicho Citizens; and

(e) subject to legislation, such other factors as the Board may consider relevant.

22.1 GENERAL

22.1.1
The following principles apply to this chapter:

(a) an integrated system of land and water management should apply to the Mackenzie Valley; and

(b) the regulation of land and water in Wekeezhii and in adjacent areas should be co-ordinated.

22.1.2
Legislation shall require the Mackenzie Valley Environmental Impact Review Board, the Wekeezhii Land and Water Board and any land use planning body for Wekeezhii or part thereof to co-ordinate their activities with each other and, in relation to Wekeezhii, with the following bodies: any body managing national parks, including any National Park Committee, Parks Canada in relation to the management of national historic sites administered by it, any management committee or similar structure established for a protected area, the Wekeezhii Renewable Resources Board, any surface rights board and any new body referred to in 22.6.1.

22.1.3
The costs of the Mackenzie Valley Environmental Impact Review Board and the Wekeezhii Land and Water Board incurred in accordance with their approved budgets shall be a charge on government. Each board shall prepare an annual budget and submit it to government except that the budget for the first year of operation shall be as set out in the implementation plan. The requirement for an annual budget does not prevent government from providing multi-year funding to the Boards. Government may approve the budget as submitted or vary it and approve it as varied. The budget shall provide for funds reasonably required to fulfill the mandate of each Board and shall be in accordance with the Government of Canada's Treasury Board guidelines.

22.1.4
The budget of the Mackenzie Valley Environmental Impact Review Board and the Wekeezhii Land and Water Board may include

(a) remuneration and travel expenses for attendance of Board members at board and committee meetings;

(b) the expenses of public hearings and meetings; and

(c) the expenses of staff, advisors and consultants and of the operation and maintenance of the office.

22.1.5
Legislation may provide for the reallocation of functions among the Mackenzie Valley Environmental Impact Review Board, the Wekeezhii Land and Water Board and any land use planning body for Wekeezhii established under 22.5.3, provided that environmental assessment and review shall remain with the Mackenzie Valley Environmental Impact Review Board as set out in 22.2.

22.1.6
The Mackenzie Valley Environmental Impact Review Board and the Wekeezhii Land and Water Board may establish their own rules of procedure in accordance with legislation.

22.1.7
In exercising their powers, the Mackenzie Valley Environmental Impact Review Board and the Wekeezhii Land and Water Board shall consider traditional knowledge as well as other scientific information where such knowledge or information is made available to the Boards.

22.1.8
The Mackenzie Valley Environmental Impact Review Board and the Wekeezhii Land and Water Board shall have, subject to their approved budgets, such staff, professional and technical advisors and consultants as are necessary for the proper conduct of their affairs and the boards may share such staff or advisors between themselves.

22.1.9
All information in the possession of a government department or agency or the Tlicho Government relevant to a matter before the Mackenzie Valley Environmental Impact Review Board or the Wekeezhii Land and Water Board shall be provided, upon request, to such board.

22.1.10
The legislation implementing the provisions of this chapter shall provide for a method of monitoring the cumulative impact of the uses of land and water and deposits of waste on the environment in the Mackenzie Valley and for periodic, independent, environmental audits which shall be made public.

22.1.11
If any body is established by legislation to carry out the monitoring and audit functions under 22.1.10 in the Mackenzie Valley, the Tlicho Government shall be entitled to a meaningful role in such body and such role shall be set out in legislation.

22.1.12
If the monitoring or audit functions referred to in 22.1.10 are carried out in Wekeezhii by a department of government, the department shall do so in consultation with the Tlicho Government.

22.1.13
Where the Mackenzie Valley Environmental Impact Review Board or the Wekeezhii Land and Water Board has the authority to enter into contracts or similar arrangements, the Tlicho Government shall not be disqualified from entering into such contracts or arrangements with the Boards solely because nominees or appointees of the Tlicho Government are members of such boards.

22.2 ENVIRONMENTAL IMPACT ASSESSMENT AND REVIEW PROCESS

22.2.1
The process of environmental impact assessment and review as set out in 22.2 applies to every proposed project that is wholly or partly in the Mackenzie Valley, except for proposed projects that are wholly in a community unless they would be likely to have a significant impact on air, water or renewable resources. For greater certainty, that process does not apply to a proposed project no part of which is in the Mackenzie Valley.

22.2.2
The Environmental Impact Review Board established by legislation to implement the environmental impact assessment and review provisions of the Gwich'in land claims agreement shall be the Mackenzie Valley Environmental Impact Review Board referred to in the Agreement.

22.2.3
50 percent of the members of the Mackenzie Valley Environmental Impact Review Board, excluding the chairperson, shall be nominees of Aboriginal peoples and 50 percent shall be nominees of government. At least one member of the Board shall be a nominee of the Tlicho Government.

22.2.4
Where the Mackenzie Valley Environmental Impact Review Board is required to make a decision which may affect an area in Nunavut or the Northwest Territories that is adjacent to the Mackenzie Valley and that is being used by an Aboriginal people and is within the settlement area of that people under its land claims agreement, that people shall have the right to have representation on the Board. Subject to 22.2.3, the Board shall determine how to implement this provision.

22.2.5
Subject to any quorum requirements set out in legislation, vacancies in the membership of the Mackenzie Valley Environmental Impact Review Board shall not prevent the remaining members from acting.

22.2.6
No authorization that would have the effect of allowing a proposed project to proceed shall be issued in respect of the proposal until any assessment required under 22.2.10 and any review required because of a determination of the Mackenzie Valley Environmental Impact Review Board under 22.2.12 or a direction of the Minister under 22.2.13 have been completed.

22.2.7
Legislation may provide

(a) for proposed projects or classes thereof which are exempt from the process of environmental impact assessment and for the amendment of any such exemptions; and

(b) for a preliminary screening of proposed projects by any government department or board or the Tlicho Government in order to determine whether any assessment is required.

22.2.8
Legislation shall provide that a proposed project which would otherwise be exempt from assessment may be assessed by the Mackenzie Valley Environmental Impact Review Board if, in the opinion of the Board, it is considered to be of special environmental concern by reason of its cumulative effects or otherwise.

22.2.9
A proposed project that has not been exempted from assessment and is wholly or partly in or may have an impact in Monfwi Gogha De Niitlee (NWT) may be referred for assessment to the Mackenzie Valley Environmental Impact Review Board by the Tlicho Government or any governmental authority, or by the Board on its own motion whether or not a preliminary screening has been conducted and notwithstanding the results of any such screening.

22.2.10
A proposed project shall be assessed by the Mackenzie Valley Environmental Impact Review Board, in order to determine whether it will likely have a significant adverse impact on the environment or will likely be a cause of significant public concern, where that project

(a) has not been exempted from assessment; and

(b) has been the subject of a preliminary screening by a body that determined an assessment is required or has been referred for assessment under 22.2.9.

22.2.11
Before completing its assessment of a proposed project that is wholly or partly on Tlicho lands, the Mackenzie Valley Environmental Impact Review Board shall consult with the Tlicho Government.

22.2.12
As a result of its assessment, the Mackenzie Valley Environmental Impact Review Board shall

(a) when the proposed project is not likely in its opinion to have a significant adverse impact on the environment or is not likely in its opinion to be a cause of significant public concern, determine that an environmental impact review is not required;

(b) when the proposed project is likely in its opinion to have a significant adverse impact on the environment or is likely in its opinion to be a cause of significant public concern, determine that an environmental impact review is required; or

(c) when the proposed project is likely in its opinion to have a significant adverse impact on the environment or is likely in its opinion to be a cause of significant public concern, recommend that the authorizations impose such measures it considers necessary to prevent the significant adverse impact.

22.2.13
Notwithstanding a determination by the Mackenzie Valley Environmental Impact Review Board that an environmental impact review is not required, the Minister may direct that such a review be conducted. The Minister shall consult the Tlicho Government before making such a decision if the proposed project is wholly or partly on Tlicho lands.

22.2.14
Subject to 22.2.15, an environmental impact review shall be conducted by a panel of the Mackenzie Valley Environmental Impact Review Board, in respect of a proposed project determined by the Board to be wholly in the Mackenzie Valley, where

(a) the Board has determined under 22.2.12(b) that a review is required; or

(b) the Minister has directed under 22.2.13 that a review be conducted.

22.2.15
Where a public review of a proposed project determined by the board to be wholly in the Mackenzie Valley is to be conducted under the Canadian Environmental Assessment Act, the Minister of the Environment and the Mackenzie Valley Environmental Impact Review Board shall consult each other and shall establish a joint review panel in place of separate review panels.

22.2.16
When a Mackenzie Valley Environmental Impact Review Board panel is to conduct a review under 22.2.14 or a joint panel is to conduct a review under 22.1.15,

(a) if the Board determines that the proposed project is wholly in Wekeezhii and is likely to have a significant adverse impact only in Wekeezhii, the Tlicho Government shall be entitled to nominate 50 percent of the members of the panel;

(b) if the Board determines that the proposed project is likely to have a significant adverse impact that is predominately in Wekeezhii, the Tlicho Government shall be entitled to nominate to the panel the number of members that, together with the number of members, if any, entitled to be nominated by any other Aboriginal peoples under land claims agreements, constitutes 50 percent of the members of the panel but in any event the Tlicho Government is entitled to nominate at least two; and

(c) in all other cases, if the Board determines that the proposed project is partly in or is likely to have a significant adverse impact in Wekeezhii, the Tlicho Government shall be entitled to nominate at least one member of the panel.

22.2.17
The entitlement of the Tlicho Government under 22.2.16(a) or (b) is subject to any agreement between the Tlicho Government and another Aboriginal people, including an agreement under 2.7.3 or 2.7.4.

22.2.18
Subject to 22.2.19, where

(a) the Mackenzie Valley Environmental Impact Review Board has determined that a proposed project is partly but not wholly within the Mackenzie Valley but that it is partly in Wekeezhii or may have an impact in Wekeezhii, and

(b) the Board has determined under 22.2.12(b) that a review is required or the Minister has directed under 22.2.13 that a review be conducted,

the Board shall enter into an agreement for the establishment of a joint review panel with any person or body with responsibility to review the environmental impacts of the aspects of the project outside the Mackenzie Valley, or with the Minister of Environment if such a review is authorized under the Canadian Environmental Assessment Act.

22.2.19
The review of the environmental impacts of the aspects of a proposed project referred to in 22.2.18 that are in the Mackenzie Valley shall be conducted by a panel of the Mackenzie Valley Environmental Impact Review Board, if

(a) there is no person or body with responsibility to review the environmental impacts of the aspects of the project outside the Mackenzie Valley and no authorization for such a review under the Canadian Environmental Assessment Act; or

(b) no agreement is concluded under 22.2.18, within a period set under legislation, on the establishment of a joint review panel.

22.2.20
To the extent possible, the Mackenzie Valley Environmental Impact Review Board shall co-ordinate any review under 22.2.19 with any person or body with responsibility to review the environmental impacts of the aspects of the proposed project outside the Mackenzie Valley.

22.2.21
Where an environmental impact review is to be conducted by a joint panel established under an agreement concluded under 22.2.18 or by a Mackenzie Valley Environmental Impact Review Board panel under 22.2.19,

(a) the Tlicho Government shall be entitled to nominate at least one member of the panel; and

(b) the Tlicho Government and the representatives of any other Aboriginal people whose utilization of land and water resources is primarily in the area where the project will be located or may have an impact shall be entitled to nominate at least 50 percent of the members of the panel, not including the chairperson.

22.2.22
A Mackenzie Valley Environmental Impact Review Board panel may include, in addition to members of the Board, persons appointed by the Board because of their special expertise.

22.2.23
When a Mackenzie Valley Environmental Impact Review Board panel or a joint review panel is reviewing a proposed project that is wholly or partly on Tlicho lands, it shall consult the Tlicho Government.

22.2.24
Where a public review of a proposed project that is partly in or may have an impact in Wekeezhii is to be conducted by a review panel under the Canadian Environmental Assessment Act, the panel shall consult the Tlicho Government throughout the review.

22.2.25
The members of the Mackenzie Valley Environmental Impact Review Board and of any review panel referred to in 22.2 shall be free of any conflict of interest relative to the proposed project, except that no member shall be disqualified solely on the ground of being a Tlicho Citizen.

22.2.26
An environmental impact review conducted by a review panel referred to in 22.2 shall have regard to

(a) the protection of the existing and future economic, social and cultural well-being of the residents and communities in the Mackenzie Valley;

(b) the protection of the environment from significant adverse impact from the proposed project;

(c) in cases where the proposed project will likely result in a significant adverse impact on the environment, the need for mitigative or remedial measures; and

(d) the importance of conservation to the Tlicho First Nation well-being and way of life.

22.2.27
An environmental impact review conducted by a Mackenzie Valley Environmental Impact Review Board panel or a joint review panel referred to in 22.2 shall include

(a) the submission by the proponent of an impact statement in accordance with any guidelines established by the Board or the panel;

(b) such analysis by the Board or the panel as is considered appropriate;

(c) public consultation or hearings in affected communities; and

(d) a report resulting from the review to each Minister and independent regulatory agency and, where the proposed project is to be located on Tlicho lands, to the Tlicho Government with a recommendation that the project be approved, with or without conditions, or rejected.

22.2.28
A copy of the report referred to in 22.2.27(d) shall be provided, on request, to any member of the public, upon payment of any reasonable fee imposed under legislation to cover the cost of providing the copy.

22.2.29
Each Minister and independent regulatory agency and, where the proposed project is to be wholly or partly on Tlicho lands, the Tlicho Government,

(a) shall consider a recommendation of the Mackenzie Valley Environmental Impact Review Board under 22.2.12(c) and of a review panel in the report referred to in 22.2.27(d); and

(b) may accept the recommendation, may refer the recommendation back for further consideration except where the panel is a joint panel or may, after consulting with the Board or panel as the case may be, accept the recommendation with modifications or reject the recommendation.

22.2.30
In making a decision under 22.2.29 in relation to a proposed project that is wholly or partly in or may have an impact in Wekeezhii, the importance of the conservation of the lands, waters and wildlife of Wekeezhii shall be taken into account.

22.2.31
In considering a recommendation of the Mackenzie Valley Environmental Impact Review Board under 22.2.12(c) or of a review panel in the report referred to in 22.2.27(d), a Minister, the Tlicho Government or an independent regulatory agency may consider information not before the Board or panel, as the case may be, and matters of public interest not considered by it. Any new facts bearing on the environmental impact of the proposed project considered by a Minister, the Tlicho Government or an independent regulatory agency shall be identified by it in consultation with the Board.

22.2.32
Subject to 22.2.33, any decision of a Minister, the Tlicho Government or an independent regulatory agency under 22.2.29 shall be implemented by it and by each department or agency, including any community government, for which it is responsible, to the extent of its authority under legislation or Tlicho laws.

22.2.33
For greater certainty, an independent regulatory agency is not bound by any decision under 22.2.29 of the Minister responsible for it.

22.2.34
Legislation shall provide the Mackenzie Valley Environmental Impact Review Board with the power to subpoena witnesses and documents in carrying out its responsibilities.

22.2.35
Written reasons, which shall be public, shall be given for all decisions and recommendations under 22.2.

22.2.36
All parts of the process under 22.2 shall be carried out in a timely manner.

22.3 WEKEEZHII LAND AND WATER BOARD

22.3.1
In 22.3, "land" means the surface of land.

22.3.2
A board, to be called the Wekeezhii Land and Water Board, shall be established, on the effective date, by legislation, as an institution of public government, to regulate the use of land and water and the deposit of waste throughout Wekeezhii except in a national park or a national historic park or site administered by Parks Canada. To the extent a community government has and exercises any power to regulate the use of land, the Board shall not have authority to regulate the use of land in that community. The legislation may provide for any matter not specified in this chapter in a manner consistent with this chapter. The legislation may provide that the Board has only administrative powers for an initial period, not to exceed six months but, during any such period, 22.3.9 to 22.3.12 and 22.4 apply to the board or panel exercising the substantive powers respecting land and water in Wekeezhii.

22.3.3
Excluding the chairperson,

(a) 50 percent of the members of the Wekeezhii Land and Water Board shall be appointed by government; and

(b) the Tlicho Government shall be entitled to appoint 50 percent of the members of the Wekeezhii Land and Water Board, subject to any agreement between the Tlicho Government and another Aboriginal people, including an agreement under 2.7.3 or 2.7.4.

22.3.4
Where the Wekeezhii Land and Water Board is required to make a decision which may affect an area in Nunavut or the Northwest Territories that is adjacent to Wekeezhii and that is being used by an Aboriginal people and is within the settlement area of that people under its land claims agreement, that people shall have the right to have representation on the Board. Notwithstanding 22.3.3(b) but subject to 22.3.3(a), the Board shall determine how to implement this provision provided that at least one member is appointed by the Tlicho Government.

22.3.5
The authorities entitled to appoint members to the Wekeezhii Land and Water Board shall consult with each other before making their appointments.

22.3.6
The chairperson shall be nominated by the other members of the Wekeezhii Land and Water Board and appointed jointly by the authorities entitled to appoint members of the Board. The members may nominate one of themselves or any other person.

22.3.7
A quorum of the Wekeezhii Land and Water Board shall consist of at least three members, including one of the members appointed in accordance with 22.3.3(a) and one of the members appointed in accordance with 22.3.3(b).

22.3.8
Subject to the requirements of 22.3.7, vacancies shall not prevent the remaining members from acting, and the Board may start to operate as soon as members who can constitute a quorum have been appointed.

22.3.9
The objective of the Wekeezhii Land and Water Board is to provide for conservation, development and utilization of the land and water resources of Wekeezhii in a manner that will provide the optimum benefit therefrom generally for all Canadians but in particular for present and future residents of Wekeezhii. In exercising its powers, the Board shall take into account the importance of conservation to the Tlicho First Nation well-being and way of life.

22.3.10
To the extent provided by legislation, the decisions of the Wekeezhii Land and Water Board are subject to policy directions from the Minister and, in relation to the use of water or the deposit of waste, the approval of the Minister. Legislation shall provide that, in relation to the use of Tlicho lands, the decisions of the Board are subject to policy directions from the Tlicho Government, to the extent compliance with those directions do not require the Board to exceed its approved budget. The policy directions from the Minister and the Tlicho Government will not apply to applications pending when the directions are given.

22.3.11
If there is a conflict between a policy direction from the Tlicho Government and one from the Minister, the policy direction from the Tlicho Government prevails.

22.3.12
Legislation applicable to the Wekeezhii Land and Water Board prevails over any conflicting policy direction from the Minister or the Tlicho Government.

22.3.13
Legislation shall provide the Wekeezhii Land and Water Board with the power to subpoena witnesses and documents in carrying out its responsibilities.

22.3.14
The Wekeezhii Land and Water Board shall have the power to

(a) issue, amend or renew authorizations and the terms and conditions attaching thereto for all uses of land and water and all deposits of waste, including those incidental to the exercise of subsurface rights;

(b) oversee compliance with its decisions through inspections or otherwise, provided there shall be no duplication of the compliance system as between the Wekeezhii Land and Water Board and other government agencies or departments;

(c) enforce or secure compliance with its decisions by the suspension or cancellation of authorizations and such other methods as may be provided by legislation;

(d) establish policies and guidelines applicable to its authorizations;

(e) hold public consultations and hearings in communities in relation to any matter within its jurisdiction;

(f) establish procedures for the conduct of its business, including public hearings; and

(g) propose changes to legislation or Tlicho laws in respect of the use of land or water or the deposit of waste to government, including a community government, or the Tlicho Government.

22.3.15
Before enacting legislation regulating the use of land or water or the deposit of waste that applies to any part of Wekeezhii or Monfwi Gogha De Niitlee (NWT) or any amendments to such legislation, government, including any community government, shall consult with the Tlicho Government in relation to its application in Monfwi Gogha De Niitlee (NWT) and the Wekeezhii Land and Water Board in relation to its application in Wekeezhii. Before giving any policy direction to the Board or enacting any laws, in respect of the use of Tlicho lands, the Tlicho Government shall consult with government and the Board. Before giving any policy direction to the Board, the Minister shall consult with the Tlicho Government and the Board.

22.3.16
The Wekeezhii Land and Water Board and government, including a Tlicho community government, must exercise any discretionary powers relating to the use of land that they may have under legislation in a manner consistent with any Tlicho laws made under 7.4.2 including any conditions on the use of Tlicho lands provided in a land use plan or otherwise.

22.3.17
Subject to any Tlicho laws made under 7.4.2 in respect of the use of Tlicho lands, legislation or Tlicho community government laws may provide for the exemption from any requirement for an authorization from the Wekeezhii Land and Water Board of particular uses of land or water or deposits of waste.

22.3.18
Legislation shall provide for reasonable notice to affected communities and to the Tlicho Government of any application to the Wekeezhii Land and Water Board for an authorization for the use of land or water or deposit of waste in Wekeezhii.

22.3.19
The Wekeezhii Land and Water Board shall consult with the Tlicho Government before issuing, amending or renewing any authorization in relation to Tlicho lands or waters overlying those lands.

22.3.20
Legislation may provide for the co-ordination of the activities of the Wekeezhii Land and Water Board with other governmental bodies with responsibilities for the regulation of the use of land or water or the deposit of waste.

22.4 LAND AND WATER BOARD FOR LARGER AREA

22.4.1
Where legislation establishes any other land and water board with jurisdiction in an area larger than but including Wekeezhii ("the larger board"), it shall assume the powers and responsibilities of the Wekeezhii Land and Water Board. The provisions of the Agreement applicable to the Wekeezhii Land and Water Board apply to the larger board except 22.3.3, 22.3.4 and 22.3.6 to 22.3.9.

22.4.2
At least one member of the larger board shall be an appointee of the Tlicho Government.

22.4.3
Where legislation provides for regional panels of the larger board, the legislation shall provide that the Wekeezhii Land and Water Board becomes a regional panel for Wekeezhii. For greater certainty, 22.3 continues to apply to that panel except that its jurisdiction may be restricted to activities no part of which is outside Wekeezhii and that have no impact outside Wekeezhii.

22.4.4
The objective of the larger board is to provide for the conservation, development and utilization of the land and water resources of the area for which it is responsible in a manner that will provide the optimum benefit therefrom generally for all Canadians but in particular for present and future residents of that area. In exercising its powers, the board shall take into account the importance of conservation to the Tlicho First Nation well being and way of life.

22.4.5
Where the larger board is required to make a decision which may affect an area in Nunavut or the Northwest Territories that is adjacent to the area over which that board has jurisdiction and that is being used by an Aboriginal people and is within the settlement area of that people under its land claims agreement, that people shall have the right to have representation on the board. Subject to 22.4.2, the larger board shall determine how to implement this provision provided that the proportion of government nominees, not including the chairperson, is maintained at 50 percent of the board membership.

22.5 LAND USE PLANNING

22.5.1
Government may establish a mechanism for the preparation, approval and implementation of a land use plan that applies to all parts of Wekeezhii, other than Tlicho lands, national parks and lands in a community.

22.5.2
Government, the Tlicho Government and the Tlicho community governments shall consult with each other during the preparation of land use plans for any part of Wekeezhii with a view to sharing information and harmonizing their plans.

22.5.3
The Parties may, by agreement, establish a land use planning body and a mechanism for the preparation, approval and implementation of a land use plan that applies to all of Wekeezhii other than national parks.

22.5.4
Upon the approval of a land use plan applicable to any part of Wekeezhii, government, the Tlicho Government and the Tlicho community governments and their departments and agencies, including the Wekeezhii Land and Water Board, shall exercise their powers in relation to Wekeezhii in accordance with the plan.

22.6 LAND OR WATER MANAGEMENT UNDER FUTURE LAND CLAIMS AGREEMENT

22.6.1
Before government concludes a future land claims agreement that would authorize a body ("new body") other than the Wekeezhii Land and Water Board or the larger board referred to in 22.4.1 to regulate any use of land or water or deposit of waste in a part of Wekeezhii,

(a) government shall notify the Tlicho Government that such a provision is being negotiated and provide to the Tlicho Government a reasonable opportunity to conclude an agreement with the representatives of the Aboriginal people to be party to that future land claims agreement respecting how the new body and that board will ensure that all their decisions for that use of land or water or deposit of waste in that part of Wekeezhii are made jointly by the new body and the board, by only one of them or by another authority;

(b) government shall consider any agreement concluded under (a) and decide whether to approve it; and

(c) the Parties shall amend the Agreement in accordance with any agreement approved under (b) and government shall ensure that the future land claims agreement accords with any agreement approved under (b).

22.6.2
If a future land claims agreement provides that a new body has authority to regulate any use of land or water or deposit of waste in a part of Wekeezhii, the new body and the Wekeezhii Land and Water Board or the larger board referred to in 22.4.1, as the case may be, shall, in the absence of an agreement approved under 22.6.1(b), make their decisions for that use of land or water or deposit of waste in that part of Wekeezhii jointly, in accordance with a process agreed to by them.

22.6.3
In the absence of an agreement approved under 22.6.1(b) or where the new body and the Wekeezhii Land and Water Board or the larger board referred to in 22.4.1, as the case may be, fail to agree on a process under 22.6.2 or to make a decision described in 22.6.2 within any reasonable amount of time specified in accordance with legislation, the larger board referred to in 22.4.1 shall make that decision.

23.1 DEFINITIONS

23.1.1
The following definitions apply in this chapter.

"development" means the stage after a decision to go into production has been made, but before actual production commences.

"major mining project" means a project, wholly or partly in Monfwi Gogha De Niitlee (NWT), related to the development or production of minerals, other than specified substances, oil or gas, that will employ an average of at least 50 persons annually for the first five years in Monfwi Gogha De Niitlee (NWT) and for which more than $50 million (1998$) will be expended in capital costs.

"production" means the removal and taking ownership of minerals, other than specified substances, but does not include removal for assay or testing purposes.

"proponent" means a developer engaged in a major mining project.

23.2 CONSULTATION

23.2.1
Any person who, in relation to Crown land wholly or partly in Monfwi Gogha De Niitlee (NWT) or Tlicho lands subject to a mining right administered by government under 18.6.1, proposes to

(a) explore for or produce or conduct an activity related to the development of minerals, other than specified substances and oil and gas, if an authorization for the use of land or water or deposit of waste is required from government or a board established by government to conduct these activities; or

(b) explore for or produce or conduct an activity related to the development of oil or gas, shall consult the Tlicho Government.

23.2.2
The consultations conducted under 23.2.1 shall include

(a) environmental impact of the activity and mitigative measures;

(b) impact on wildlife harvesting and mitigative measures;

(c) location of camps and facilities and other related site specific planning concerns;

(d) maintenance of public order including liquor and drug control;

(e) employment of Tlicho Citizens, business opportunities and contracts, training orientation and counselling for employees who are Tlicho Citizens, working conditions and terms of employment;

(f) expansion or termination of activities;

(g) a process for future consultations; and

(h) any other matter agreed to by the Tlicho Government and the person consulting that government.

23.2.3
The consultations conducted under 23.2.1 are not intended to result in any obligations in addition to those required by legislation.

23.2.4
No consultation is required under 23.2.1 where negotiations have been conducted in accordance with 23.4.1.

23.3 OIL AND GAS EXPLORATION RIGHTS

23.3.1
Prior to opening any lands wholly or partly in Monfwi Gogha De Niitlee (NWT) for oil and gas exploration, government shall consult the Tlicho Government on matters related to that exploration, including benefits plans and other terms and conditions to be attached to rights issuance.

23.4 MAJOR MINING PROJECTS

23.4.1
Government shall ensure that the proponent of a major mining project that requires any authorization from government and that will impact on Tlicho Citizens is required to enter into negotiations with the Tlicho Government for the purpose of concluding an agreement relating to the project. This obligation comes into effect one year after the effective date. In consultation with the Dogrib Treaty 11 Council or the Tlicho Government, government shall, no later than one year after the effective date, develop the measures it will take to fulfill this obligation, including the details as to the timing of such negotiations in relation to any governmental authorization for the project.

23.4.2
The Tlicho Government and the proponent may agree that negotiation of an agreement under 23.4.1 is not required.

23.4.3
Negotiation of an agreement under 23.4.1 shall be guided by the principles that its provisions will

(a) be consistent with and promote the cultural goals of the Tlicho First Nation;

(b) be related to the impacts of the project on Tlicho Citizens;

(c) not place an excessive burden on the proponent and undermine the viability of the project; and

(d) avoid duplication of matters included in an authorization for the project.

23.4.4
An agreement concluded under 23.4.1 may include any matter connected with the project that could have an adverse impact on Tlicho lands or Tlicho Citizens or that could reasonably confer a benefit on Tlicho Citizens. Without limiting the generality of the foregoing, the following matters, in addition to those listed in 23.2.2, shall be considered appropriate for negotiation and inclusion in an agreement:

(a) safety, health and hygiene;

(b) language of the workplace;

(c) access, by Tlicho Citizens, to any facility constructed for the project such as an airstrip or a road; and

(d) implementation and enforceability.

23.5 DEVOLUTION OF MINERALS

23.5.1
The Government of the Northwest Territories shall involve the Tlicho Government in the development and implementation of any Northern Accord on oil and gas development in the Northwest Territories which is negotiated in accordance with the enabling agreement, dated September 5, 1988, between the Government of Canada and the Government of the Northwest Territories, or any other agreement under which jurisdiction over minerals, other than specified substances, may be transferred from the Government of Canada to the Government of the Northwest Territories.

23.6 LEGISLATION

23.6.1
Government shall consult the Tlicho Government in relation to any proposed legislation which

(a) regulates the exploration, development or production of minerals, other than specified substances, in Monfwi Gogha De Niitlee (NWT); or

(b) establishes requirements for issuance of mining rights in Monfwi Gogha De Niitlee (NWT).

24.1 CAPITAL TRANSFER PAYMENTS

24.1.1
The Government of Canada shall make capital transfer payments to the Tlicho Government in accordance with the Capital Transfer Payments Schedule set out in part 1 of the appendix to this chapter.

24.1.2
The Government of Canada is discharged from all undertakings and obligations, if any, to the Tlicho First Nation in respect of the Norman Wells Proven Area.

24.2 NEGOTIATION LOANS REPAYMENTS

24.2.1
The Tlicho Government shall make negotiation loan repayments to the Government of Canada in accordance with the Negotiation Loans Repayments Schedule set out in part 2 of the appendix to this chapter.

24.2.2
The Government of Canada will set off and deduct from a payment made under 24.1.1 the amount of a repayment to be made under 24.2.1 on the same date.

24.3 LOANS AGAINST CAPITAL TRANSFER

24.3.1
At any time after the third anniversary of the effective date, the Tlicho Government may request a loan from the Government of Canada against the then unpaid balance of the capital transfer under 24.1.1.

24.3.2
The Government of Canada, as represented by the Minister of Finance, may decide, at its discretion, whether to grant a request, under 24.3.1, for a loan. The Minister may negotiate the terms and conditions of a loan subject to the requirements in 24.3.3 to 24.3.6.

24.3.3
The Tlicho Government shall pay, at the time of a loan under 24.3.2, an amount on any outstanding balance of negotiation loans referred to in 24.2.1 which will reduce the outstanding balance of those loans by the same proportion as the amount loaned under 24.3.2 bears to the unpaid balance of the capital transfer amounts payable under 24.1.1.

24.3.4
The amount paid by the Tlicho Government under 24.3.3 shall be credited to the final payments set out in part 2 of the appendix to this chapter.

24.3.5
The repayment schedule for a loan granted under 24.3.2 shall be sufficient to ensure that the unpaid balance of the capital transfer under 24.1.1, at the time of the loan request or at anytime thereafter, is no less than the total of the unpaid balances of the loans referred to in 24.2.1 and the loans granted under 24.3.2 and any administrative fees and interest payable.

24.3.6
The Government of Canada may set off and deduct from a payment to be made under 24.1.1 the amount of a repayment due on the same date from the Tlicho Government in relation to a loan granted under 24.3.2.

APPENDIX TO CHAPTER 24

PART 1 CAPITAL TRANSFER PAYMENTS SCHEDULE (24.1.1)

Note: The Capital Transfer Payments Schedule will be finalized by the effective date in accordance with the instructions hereunder.

Instructions for Finalizing Part 1 of the Appendix: Capital Transfer Payments Schedule

1. In these Instructions,

"FDDIPI" means the Final Domestic Demand Implicit Price Index for Canada published by Statistics Canada.

"final calculation date" means the date confirmed by the chief negotiators which is intended to be not less than 14 days prior to the effective date.

"transition date" means the date which is 15 months after the date of the Agreement.

2. On the final calculation date, each provisional amount entered in the Schedule will be adjusted by

(a) multiplying it by the latest available quarterly FDDIPI at the final calculation date and dividing the product by the FDDIPI for the second quarter of 2002; andThe Capital Transfer Payments

(b) if, the period between the date of the Agreement and the effective date exceeds 15 months, multiplying the amount resulting from (a) by

(1 + DR)Y x (1 + [DR x d/365])

where "DR" is 5.075 percent,

where "Y" is the number of complete years between the transition date and the final calculation date, and

where "d" is the number of days remaining in the period between the transition date and the final calculation date, after deducting the complete years in that period that have been taken into account in the determination of "Y".

PART 2 NEGOTIATION LOANS REPAYMENTS SCHEDULE (24.2.1; 24.3.4)

Note: The Negotiation Loans Repayments Schedule will be finalized by the effective date in accordance with the instructions hereunder.

Instructions for Finalizing Part 2 of the Appendix: Negotiation Loans Repayments Schedule

1. In these Instructions,

"final Total" means the Total set out in 2 increased by the amount of interest accrued between September 4, 2002 and the effective date.

"final calculation date" has the same meaning as in part 1 of the appendix to this chapter.

2. The amounts of the negotiation loans (principal plus accrued interest) to be repaid under 24.2.1, as at December 31, 2002, are as follows:

Total $ 23,601,276.86On the final calculation date, the amount of each repayment will be inserted in this schedule, having been calculated on the basis of the following:

(a) a repayment shall be made on the effective date and on each anniversary thereof until the net present value of the repayments equals the final Total;

(b) each repayment other than the final repayment shall be equal to the amount of the payment to be made under 24.1.1 on the same date, and the last repayment shall be equal to the amount needed to retire the loans but not greater than the amount of the payment to be made under 24.1.1 on the same date; and

(c) the discount rate used in calculating the net present value in (a) shall be the rate described as "DR" in 2(b) of the Instructions to part 1 of the appendix to this chapter.

25.1 SHARE OF MINERAL ROYALTIES

25.1.1
Government shall pay to the Tlicho Government, in relation to each calendar year, an amount equal to

(a) 10.429 percent of the first $2.0 million of mineral royalties received by government in that year; and

(b) 2.086 percent of any additional mineral royalties received by government in that year.

25.1.2
Amounts payable by government under this chapter shall be calculated on the basis of amounts due to and received by government in respect of minerals produced after the date of the Agreement.

25.1.3
Payments remitted to the Tlicho Government shall be in quarterly instalments.

25.1.4
Government shall annually provide to the Tlicho Government a statement indicating the basis on which mineral royalties were calculated for the preceding year.

25.1.5
On the request of the Tlicho Government, government shall request the Auditor General to verify the accuracy of the information in the annual statements.

25.2 CONSULTATION

25.2.1
Government shall consult with the Tlicho Government on any proposal specifically to alter by legislation the mineral royalty payable to government.

25.2.2
Where government consults outside government on any proposed changes to the fiscal regime which will affect the mineral royalty payable to government, it shall also consult with the Tlicho Government.

26.1 PROGRAMS FOR ECONOMIC DEVELOPMENT

26.1.1
Government economic development programs in Monfwi Gogha De Niitlee (NWT) shall take into account the following objectives:

(a) that the traditional economy of the Tlicho First Nation should be maintained and strengthened; and

(b) that the Tlicho First Nation should be economically self-sufficient.

26.1.2
To achieve the objectives in 26.1.1, government shall take such measures as it considers reasonable, in light of its fiscal responsibility and economic objectives, including:

(a) support of the traditional economy of the Tlicho First Nation and of individual harvesters and promotion of the marketing of renewable resource products and native manufactured goods;

(b) assistance in the development of commercially viable businesses and enterprises of the Tlicho Citizens, and when necessary, identification of possible sources of financial assistance;

(c) provision of business and economic training and educational assistance to Tlicho Citizens so that they may be able to participate more effectively in the northern economy; and

(d) encouragement of the employment of Tlicho Citizens, including employment in major projects and developments, in the public service and in public agencies. Accordingly, government shall prepare plans for the training and employment of Tlicho Citizens, including the development of measures to recognize the special need of Tlicho Citizens for pre-employment training in basic skills. Government shall review job qualifications and recruitment procedures to remove inappropriate requirements in respect of cultural factors, experience, or education.

26.1.3
Where government proposes economic development programs related to the objectives in 26.1.1, government shall consult with the Tlicho Government.

26.1.4
Government shall meet with the Tlicho Government not less than once every three years to review the effectiveness of programs relating to the objectives in 26.1.1 and the measures in 26.1.2.

26.2 STRATEGIC ECONOMIC DEVELOPMENT INVESTMENT FUND

26.2.1
The Government of Canada shall pay to the Tlicho Government $5,000,000 on or as soon as practicable after the effective date. The Tlicho Government shall establish a fund with these monies which will be known as the Tlicho Government Strategic Economic Development Investment Fund (the "Fund").

26.2.2
The Fund shall be kept segregated from other money of the Tlicho Government provided that the Tlicho Government may deposit other monies into the Fund.

26.2.3
The Tlicho Government shall prepare and approve the Terms of Reference for the Fund ("Terms of Reference") and shall provide a copy of the Terms of Reference and any amendments to the Government of Canada.

26.2.4
Subject to 26.2.5, monies in the Fund may be invested in any kind of property, real, personal or mixed, but in so doing, the Tlicho Government shall exercise the judgement and care that a person of prudence, discretion and intelligence would exercise as a trustee of the property of others.

26.2.5
Monies in the Fund shall be used in accordance with the Terms of Reference and may be used only for purposes of

(a) economic development of Tlicho Citizens and the Tlicho Government;

(b) training and education of Tlicho Citizens;

(c) costs of administering the Fund, including the audits and reports required by 26.2; and

(d) costs of preparation, approval and amendment of the Terms of Reference.

26.2.6
The Tlicho Government shall cause the Fund to be audited annually by an independent auditor who is a member in good standing of the Canadian Institute of Chartered Accountants and the audit shall be presented each year to an annual gathering held in accordance with the Tlicho Constitution.

26.2.7
The Tlicho Government shall prepare an annual report comparing the activities of the Fund with the Terms of Reference, and the report shall be presented each year to the same annual gathering where the audit is presented.

26.2.8
The Tlicho Government shall provide to the Government of Canada a copy of the audit and report prepared pursuant to 26.2.6 and 26.2.7, respectively.

26.2.9
At any time after the Tlicho Government has expended over $5,000,000 for the purposes listed in 26.2.5, the Tlicho Government may terminate the Fund by a resolution of the Tlicho Government and any monies remaining in the Fund at that time shall be dealt with in accordance with that resolution. For greater certainty, upon termination of the Fund, 26.2.2 to 26.2.8 no longer apply.

26.2.10
Upon termination of the Fund, the Tlicho Government shall prepare an audit and a report for the period of time between the last annual audit and report described in 26.2.6 and 26.2.7 and the termination of the Fund and shall present the audit and report, together with the resolution of the Tlicho Government terminating the Fund, to the next annual gathering held in accordance with the Tlicho Constitution.

26.2.11
The Tlicho Government shall provide a copy of the audit and report referred to in 26.2.10, together with a certified copy of the resolution of the Tlicho Government terminating the Fund, to the Government of Canada.

26.2.12
For greater certainty, nothing in 26.2 creates an individual interest in the Fund.

26.3 GOVERNMENT EMPLOYMENT AND CONTRACTS

26.3.1
Where government carries out public activities wholly or partly in Monfwi Gogha De Niitlee (NWT) which give rise to employment or other economic opportunities and government elects to enter into contracts with respect to those activities,

(a) the Government of Canada shall follow its contracting procedures and approaches intended to maximize local, regional and Aboriginal employment and business opportunities, including the provision of opportunities for potential contractors to become familiar with bidding systems; and

(b) the Government of the Northwest Territories shall follow its preferential contracting policies, procedures and approaches intended to maximize local, regional and northern employment and business opportunities.

26.3.2
The Government of the Northwest Territories shall consult with the Tlicho Government when developing modifications to its preferential contracting policies, procedures and approaches.

26.3.3
When the Government of the Northwest Territories intends to carry out activities which give rise to employment and other economic opportunities and elects to enter into contracts with respect to those activities without going to public tender,

(a) where the activity will be on Tlicho lands, Tlicho entities or Citizens shall be given the first opportunity to negotiate such contracts, provided they satisfy all criteria, including any qualifications particular to the contract, and price; and

(b) where the activity will be in a Tlicho community, the Government of the Northwest Territories shall consult with the Tlicho community government to determine the most suitable corporation, business or person to achieve the financial, affirmative action, training and economic objectives of the activity.

26.3.4
If there is no suitable corporation, business or person to achieve the financial, affirmative action, training and economic objectives of the activity referred to in 26.3.3(b), the Government of the Northwest Territories will proceed to another process such as a public tender call, a request for proposals or an invitational tender.

26.3.5
In 26.3.3, "Tlicho entity" means an entity which complies with the legal requirements to carry on business in the Northwest Territories and which is

(a) a corporation with more than 50 percent of the corporation's voting shares beneficially owned by Tlicho Citizens or the Tlicho Government;

(b) a co-operative controlled by Tlicho Citizens or the Tlicho Government;

(c) a sole proprietorship operated by a Tlicho Citizen; or

(d) a partnership in which at least 50 percent of the partners are Tlicho Citizens or the Tlicho Government.

26.4 GENERAL

26.4.1
It is intended that this chapter be implemented through programs and policies which are in place from time to time without imposing any additional financial obligation on government.

27.1 DEFINITIONS

27.1.1
The following definitions apply in this chapter.

"designated improvement" means, in relation to Tlicho lands and Tlicho community lands,

(a) a residence of a Tlicho Citizen;

(b) an improvement, all or substantially all of which is used for a public purpose or a purpose ancillary or incidental to the public purpose including, but not limited to,

(i) a public governance or administration building, public meeting building, public hall, public school or other public educational institution, teacher's residence, public library, public health facility, public care facility, public seniors home, public museum, place of public worship, manse, fire hall, police facility, court, correction facility, public recreation facility, public park or an improvement used for Tlicho cultural or spiritual purposes, or

(ii) a work of public convenience constructed or operated for the benefit of the Tlicho Government, a Tlicho community government, occupiers of Tlicho lands or Tlicho community lands or persons visiting or in transit through Tlicho lands or Tlicho community lands, including a public utility work, a public work used to treat or deliver water or as part of a public sewer system, a public road, a public bridge, a public drainage ditch, traffic signals, street lights, a public sidewalk, and a public parking lot; and

(c) an improvement that is used primarily for the management, protection or enhancement of a natural resource, other than an improvement that is used primarily in harvesting or processing a natural resource for profit.

"federal Income Tax Act" means the Income Tax Act, R.S. 1985 (5th supp), c. 1.

"Income Tax Act" means the federal Income Tax Act and the territorial Income Tax Act, R.S.N.W.T. 1988, c.I-1.

"Tlicho capital" means

(a) the capital transfer payments made under 24.1.1;

(b) any money loaned under 24.3;

(c) payments made under 25.1.1 up to an aggregate maximum of $4.172 million;

(d) payments made under the first financing agreement referred to in 7.11 which are paid on the effective date;

(e) the payment made under 26.2;

(f) the payment made under 9.7.1; and

(g) all other cash, assets and liabilities transferred to, or recognized as owned by, the Tlicho Government under the Agreement.

27.1.2
In the definition of "designated improvement" in 27.1.1, "public" does not include the provision of property or services primarily for the purpose of profit.

27.1.3
Subject to 27.1.2, in the definition of "designated improvement" in 27.1.1, "public" includes a purpose related solely to the Tlicho First Nation or the Tlicho Government.

27.2 LEGISLATION

27.2.1
Nothing in the Agreement or in the settlement legislation, except any provision giving effect to the taxation agreement referred to in 27.5.1, limits any entitlement of the Tlicho Government to any taxation benefit available to it under any other legislation.

27.3 TLICHO LANDS AND TLICHO CAPITAL

27.3.1
No tax or other similar charge is payable by the Tlicho Government in relation to

(a) the recognition of ownership of Tlicho lands by the Tlicho Government under 18.1.1 or the acquisition by it of lands that, upon acquisition, become Tlicho lands; or

(b) the receipt by the Tlicho Government of Tlicho capital.

27.3.2
No tax or other similar charge is payable by the Tlicho Government in respect of its interest in Tlicho lands on which there is no improvement or on which there is no improvement other than a designated improvement.

27.3.3
27.3.2 does not affect the taxation of a person, other than the Tlicho Government, in respect of an interest in Tlicho lands.

27.3.4
No capital gains tax applies in respect of compensation received by the Tlicho Government for Tlicho lands expropriated in accordance with chapter 20 or conveyed under 18.1.9(b).

27.3.5
For the purpose of the Income Tax Act, Tlicho land will be deemed to have been acquired by the Tlicho Government on the date the land became Tlicho land, at a cost equal to its fair market value on that date.

27.4 TLICHO COMMUNITY LANDS AND OTHER ASSETS

27.4.1
No tax or other similar charge is payable by a Tlicho community government in relation to the transfer or recognition of ownership of all land, cash, other assets or liabilities transferred to, or recognized as owned by, a Tlicho community government under the Agreement.

27.4.2
No tax or other similar charge is payable by the Tlicho community government in respect of its interest in Tlicho community lands on which there is no improvement or on which there is no improvement other than a designated improvement.

27.4.3
27.4.2 does not affect the taxation of a person, other than the Tlicho community government, in respect of an interest in Tlicho community lands.

27.4.4
No capital gains tax applies in respect of compensation received by the Tlicho community government for Tlicho community lands expropriated in accordance with 9.3.

27.4.5
For the purpose of the Income Tax Act, Tlicho community lands will be deemed to have been acquired by the Tlicho community government on the date the land became Tlicho community lands, at a cost equal to its fair market value on that date.

27.5 TAXATION AGREEMENTS

27.5.1
On or before the approval of the Agreement under 4.2.1(a), government and the Dogrib Treaty 11 Council shall sign an agreement in relation to the tax treatment of the Tlicho Government, Tlicho corporations and Tlicho capital trusts. The settlement legislation shall include provisions giving effect to this taxation agreement.

27.5.2
From time to time, at the request of the Tlicho Government, government may enter into negotiations and attempt to conclude a taxation agreement with the Tlicho Government in relation to the following matters:

(a) the manner in which taxation by the Tlicho Government will be coordinated with existing federal and territorial tax systems; and

(b) the extent to which the Tlicho Government may enact laws for the direct taxation of persons on Tlicho lands or in Tlicho communities who are not Tlicho Citizens.

27.5.3
It is an objective that, in negotiating a taxation agreement referred to in 27.5.2, the Parties be guided by their commitment to an effective central government in the Northwest Territories with the ability

(a) to continue to deliver its programs and services to all residents of the Northwest Territories; and

(b) to effect economic and fiscal policies on a territory-wide basis.

27.5.4
A taxation agreement referred to in 27.5.1 or 27.5.2 does not form part of the Agreement.

27.6 AGREEMENTS FOR EQUIVALENT BENEFITS

27.6.1
Where government provides, in legislation or in or under a land claims agreement or a self-government agreement, tax powers or exemptions to another Aboriginal group in the Northwest Territories that are of greater benefit to that group than those provided to the Tlicho First Nation or the Tlicho Government by this chapter or by chapter 7 or by a taxation agreement referred to in 27.5, government, at the request of the Tlicho Government, will negotiate and make best efforts to reach an agreement with the Tlicho Government to provide equivalent benefits for the Tlicho First Nation, taking into account the particular circumstances of the other Aboriginal group.