Tlicho Agreement

Date: Signed August 25, 2003

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Table of Contents




Pronunciation Guide For Terms Used In Agreement

Tlicho
(meaning "Dogrib")

tlee-chon



 

Monfwi Gogha De Niitlee
(it is the traditional area of the Tlicho, described by Chief Monfwi during the signing of Treaty 11 in 1921)

mon-fwee go-ga de-neat-lay





 

Wekeezhii
(the "management area"
of the Agreement)

way-keh-zi





 

Behchoko
(also known as Rae-Edzo)

bay-cho-ko



 

Whati
(also known as Lac La Martre)

what-tea



 

Gameti
(also known as Rae Lakes)

gam-ma-tea



 

Wekweeti
(also known as Snare Lake)

wek-way-tea



 

Ezodziti
(a Taicho heritage area)

eh-zod-ze-tea

 

 






Preamble

TLICHO LAND CLAIMS AND SELF GOVERNMENT AGREEMENT
among
THE TLICHO
and
THE GOVERNMENT OF THE NORTHWEST TERRITORIES
and
THE GOVERNMENT OF CANADA

WHEREAS
the Tlicho is an Aboriginal people of Canada that has used and occupied lands in and adjacent to the Northwest Territories from time immemorial;

WHEREAS
Treaty 11 was signed at Fort Rae on August 22,1921, with Chief Monfwi and Headmen Jermain and Beaulieu representing the Tlicho;

WHEREAS
at the signing of Treaty 11, Chief Monfwi described the traditional Tlicho use area known to the Tlicho as Monfwi Gogha De Niitlee, which area is described in part 1 of the appendix to chapter 1;

WHEREAS
the Tlicho continue to use Monfwi Gogha De Niitlee;

WHEREAS
Wekeezhii, which is described in part 2 of the appendix to chapter 1, has been identified as an area appropriate for the management of resources under the Agreement;

WHEREAS
the Constitution Act, 1982 recognizes and affirms the existing Aboriginal and treaty rights of the Aboriginal peoples of Canada;

WHEREAS
the Parties have negotiated this Agreement in order to define and provide certainty in respect of rights of the Tlicho relating to land, resources and self-government;

NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:






Chapter 1 - Interpretation

1.1 DEFINITIONS

1.1.1
The following definitions apply in the Agreement.

"Aboriginal people" means an Aboriginal people of Canada within the meaning of section 35 of the Constitution Act, 1982.

"Aboriginal person" means a member of an Aboriginal people.

"Aboriginal right" means an Aboriginal right within the meaning of section 35 of the Constitution Act, 1982.

"Agreement" means this land claims and self-government agreement.

"band member" means a person whose name is entered on a band membership list or who is entitled to have his or her name entered on a band membership list and is the subject of an application for entry that has not been withdrawn.

"band membership list" means a list, maintained by the Department of Indian Affairs and Northern Development, of the members of the Dog Rib Rae band, the Wha Ti First Nation band, the Gameti First Nation band or the Dechi Laot'i First Nations band.

"bank" of a body of water means the limit or edge of its bed.

"bed" of a body of water means the land covered so long by water as to wrest it from vegetation, or as to mark a distinct character upon the vegetation where it extends into the water or upon the soil itself.

"burial site" means land containing human remains or land in which evidence of such remains are found.

"child" means a person less than the age of majority under legislation.

"child and family services" means services for

(a) the protection of children from abuse, neglect, harm and any threat thereof, where the primary objective is the safety and well-being of children, having due regard for

(i) any need for intervention,
(ii) the support of families and care givers to provide a safe environment,
(iii) the support of kinship ties and a child's attachment to the extended family, and
(iv) the culture and customs of the Tlicho First Nation; and

(b) the promotion of well-functioning families and of community life.

"conservation" means

(a) the maintenance of the integrity of ecosystems by measures such as the protection and reclamation of wildlife habitat and, where necessary, restoration of wildlife habitat; and

(b) the maintenance of vital, healthy wildlife populations capable of sustaining harvesting under the Agreement.

"consultation" means

(a) the provision, to the person or group to be consulted, of notice of a matter to be decided in sufficient form and detail to allow that person or group to prepare its views on the matter;

(b) the provision of a reasonable period of time in which the person or group to be consulted may prepare its views on the matter, and provision of an opportunity to present such views to the person or group obliged to consult; and

(c) full and fair consideration by the person or group obliged to consult of any views presented.

"contaminated site" means a site where persons have abandoned or disposed of substances of such a nature and in such a manner, quantity or concentration that the substances constitute or are likely to constitute a danger to human life or health or to the environment.

"Crown lands" means lands belonging to Her Majesty in right of Canada.

"date of the Agreement" means the date on which the Agreement is signed by the representatives of the executive of the Dogrib Treaty 11 Council and government.

"developer" means a person or government engaged in a project, including a community, Aboriginal, territorial or federal government.

"direct taxation" has the same meaning, for the purpose of distinguishing between a direct tax and an indirect tax, as in class 2 of section 92 of the Constitution Act, 1867.

"Dogrib Treaty 11 Council" includes any successor organization.

"edible parts" includes, in relation to wildlife, those parts traditionally consumed by Aboriginal peoples for food.

"effective date" means the date on which both territorial and federal settlement legislation have come into force.

"Eligibility Committee" means the Committee referred to in 3.2.

"eligible voter" means, for the purpose of the ratification vote referred to in 4.2.1(b), a legally competent person

(a) who will be at least 19 years of age before the final date of the vote;

(b) who

(i) is, on the date of application or appeal to be put on the Voters List, a band member,

(ii) is of Aboriginal ancestry who resided in and used and occupied any part of Monfwi Gogha De Niitlee on or before August 22, 1921 and who received Treaty 11 benefits,

(iii) was adopted as a child, under the laws of any jurisdiction or under any Tlicho custom, by a person described in (ii), or

(iv) is a descendant of a person described in (ii) or (iii); and

(c) who is not, on the date of application to be put on the Voters List, enrolled under another land claims agreement.

"environment" means the physical environment, including air, land, water, wildlife and heritage resources, and the social and cultural environment, including harvesting of wildlife, plants and trees.

"excess mineral revenues" means the amount by which the revenues the Tlicho Government received in a given year from minerals, other than specified substances, on Tlicho lands exceeded the average per capita income of the Northwest Territories multiplied by the number of Tlicho Citizens in that year.

"expropriating authority" means the Government of Canada or the Government of the Northwest Territories or any other authority authorized by legislation to expropriate land or an interest in land, but does not include the Tlicho Government.

"expropriation" means the compulsory taking of lands or any interest in land.

"federal legislation" means legislation of the Parliament of Canada or legislation made thereunder, but does not include territorial legislation.

"fish" means fish as defined in the Fisheries Act.

"forest management" includes forest conservation, forest fire control, timber management, reforestation, silviculture and management of a forest for wildlife and recreation.

"furbearers" means the following species: beaver (Castor canadensis); white fox or arctic fox (Alopex lagopus); river otter (Lutra canadensis); lynx (Lynx lynx); marten (Martes americana); fisher (Martes pennanti); striped skunk (Mephitis mephitis); ermine (Mustela erminea); least weasel (Mustela nivalis); mink (Mustela vison); muskrat (Ondatra zibethicus); red, cross, black and silver fox (Vulpes vulpes); wolverine (Gulo gulo); wolf (Canis lupus); coyote (Canis latrans); woodchuck (Marmota monax); and red squirrel (Tamiasciurus hudsonicus).

"future land claims agreement" means a land claims agreement that may be concluded after April 1, 2003, between government and an Aboriginal people of Canada other than the Tlicho First Nation.

"gas" means natural gas and includes all substances, other than oil, that are produced in association with natural gas.

"government" means

(a) the Government of Canada;

(b) the Government of the Northwest Territories or its successor or successors; or

(c) both,

depending upon which government or governments have responsibility, from time to time, for the matter in question, and includes any department, agency or official of such a government.

"Gwich'in land claims agreement" means the Comprehensive Land Claim Agreement between Her Majesty the Queen in right of Canada and the Gwich'in signed on April 22, 1992.

"Gwich'in settlement area" means the area defined as "settlement area" in the Gwich'in land claims agreement.

"harvesting" means, in relation to wildlife, hunting, trapping or fishing and, in relation to plants or trees, gathering or cutting.

"heritage resource" means

(a) a site with archaeological, historical or cultural significance and includes a burial site; or

(b) an artifact, object or record of historical or cultural significance and includes human remains and associated grave goods found in a burial site.

"implementation plan" means the plan developed by government and the Dogrib Treaty 11 Council that is referred to in chapter 5.

"independent regulatory agency" means a body established by legislation which, in the exercise of regulatory or licensing powers, is not subject to specific control or direction by government notwithstanding that it may be subject to general direction whether by guidelines, regulations or directives, or that its decisions may be subject to approval, variance or rescission by government and, for greater certainty, does not include the Tlicho Government.

"initial enrolment period" means a period ending two years after the effective date.

"intellectual property" means any intangible property right resulting from intellectual activity in the industrial, scientific, literary, or artistic fields, including, but not limited to, any right relating to patents, copyrights, trademarks, industrial designs, or plant breeders' rights.

"land claims agreement" means a land claims agreement within the meaning of section 35 of the Constitution Act, 1982 and includes an agreement to implement Treaty 8 or 11.

"land right" means any right that relates to or directly or indirectly affects lands, waters, wildlife or other natural resources, and includes any right that might otherwise not be considered to be a land right, but only to the extent such right relates to or directly or indirectly affects lands, waters, wildlife or other natural resources.

"law of Canada" means legislation and the common law.

"legislation" means federal or territorial legislation and, for greater certainty, includes regulations but does not include Tlicho laws.

"legislation of general application" means legislation that, in relation to its application to

(a) individuals, does not apply only to Tlicho Citizens;

(b) representative institutions, does not apply only to the Tlicho Government; and

(c) land, water and other natural resources, does not apply only to the Tlicho lands, or to waters or other resources on or in those lands.

"Mackenzie Valley" comprises the Northwest Territories exclusive of the areas within Wood Buffalo National Park and the Inuvialuit Settlement Region, as that Region is defined in the agreement given effect by the Western Arctic (Inuvialuit) Claims Settlement Act.

"Mackenzie Valley Environmental Impact Review Board" means the board referred to in 22.2.2.

"mineral" means a precious or base metal or other non-living, naturally occurring substance that is, or was, before production, part of land, whether solid, liquid or gaseous, and includes coal, oil and gas, but does not include water.

"mining right" means a right or interest in minerals that are still part of the land, other than specified substances, or a right to explore for or produce minerals other than specified substances.

"Minister" means the Minister of the Government of Canada or of the Government of the Northwest Territories, as the context requires, responsible for the subject matter referred to.

"Monfwi Gogha De Niitlee" comprises the area described in part 1 of the appendix to this chapter.

"Monfwi Gogha De Niitlee (NWT)" means that part of Monfwi Gogha De Niitlee within the Northwest Territories.

"monument" means a device used by a surveyor to mark a boundary in a survey.

"national park" means an area identified as a national park of Canada that is described in a schedule to the Canada National Parks Act.

"National Park Committee" means a committee established in accordance with 15.3.1.

"navigable" means, with respect to a river, lake or other body of water, capable of navigation by boat or other water craft for commercial or non-commercial purposes.

"Norman Wells Proven Area" means the area described in Schedule "A" to the Proven Area Agreement.

"NTS mapsheets" means National Topographic System mapsheets produced by the Government of Canada.

"Nunavut Agreement" means the Agreement Between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada signed on May 25, 1993.

"oil" means crude oil, regardless of gravity, produced at a wellhead in liquid form and any other hydrocarbons except gas and, without limiting the generality of the foregoing, hydrocarbons that may be extracted or recovered from deposits of oil sand, bitumen, bituminous sand, oil shale or from any other types of deposits.

"Parties" means the Parties to the Agreement, namely the Tlicho, as represented by the Tlicho Government, the Government of the Northwest Territories and the Government of Canada.

"permanent resident of Canada" means a person who has the status of a permanent resident of Canada under the Immigration Act.

"plants" means flora, other than trees, in a wild state and includes fungi and algae in a wild state.

"project" means an undertaking, or extension thereof, on land or water and includes the establishment of a national park, a national historic park or site or a territorial park. "proponent" means, for the purpose of 10.6, government or the holder of an interest in land or an authorization to use land.

"protected area" means a site or area of land under the administration and control of and protected by government including such a site or area that is a site with archaeological significance, a historic park or site, a territorial park, a game reserve, a sanctuary, a migratory bird sanctuary or other area established for the protection of wildlife and wildlife habitat, but does not include a national park.

"Proven Area Agreement" means the agreement dated July 21, 1944 between Imperial Oil Limited and His Majesty in Right of Canada, as amended and renewed from time to time.

"Register" means the Tlicho Citizens Register published initially by the Eligibility Committee under 3.3.1(e), as amended from time to time in accordance with 3.4.

"registrar" means, in relation to the Register,

(a) until the designation of a registrar by the Tlicho Government under 3.2.2, the Eligibility Committee; or

(b) the registrar designated by the Tlicho Government under 3.2.2.

"royalty" means any payment, whether in money or in kind, in respect of production of a resource in, on or under the Mackenzie Valley, including the Norman Wells Proven Area, paid or payable to government because the Crown is the owner of the resource prior to the production of the resource, including without limiting the generality of the foregoing, the payment to government under the Frontier Lands Petroleum Royalty Regulations passed pursuant to the Canada Petroleum Resources Act but, for greater certainty, does not include any payment, whether in money or in kind,

(a) to government as owner or part owner of the produced resource, including without limiting the generality of the foregoing, the payment to government pursuant to clause 18 of the Proven Area Agreement;

(b) by way of transfer between governments;

(c) for a service;

(d) for the issuance of a right or interest; or

(e) for the granting of an approval or authorization.

"Sahtu settlement area" means the area defined as "settlement area" in the Comprehensive Land Claim Agreement between Her Majesty the Queen in right of Canada and the Sahtu Dene and Métis signed on September 6, 1993.

"settlement legislation" means the legislation referred to in 4.3.1(c) and 4.3.2(b) that provides the Agreement is approved, given effect and declared valid.

"specified substances" means carving stone, clay, construction stone, diatomaceous earth, earth, flint, gravel, gypsum, limestone, marble, marl, ochre, peat, sand, shale, slate, sodium chloride, soil and volcanic ash.

"Surface Rights Board" means the board referred to in 6.6.1.

"Surveyor General" means the Surveyor General of Canada Lands appointed in the manner authorized by law or a person authorized, by the Minister of the Government of Canada responsible for Canada Lands surveys, to carry out the duties of the Surveyor General.

"territorial legislation" means legislation made by the Northwest Territories legislative assembly or legislation made thereunder.

"territorial park" means an area established under the Territorial Parks Act. "Tlicho" means the Aboriginal people that,

(a) in 1921, was comprised of the persons represented by Chief Monfwi, along with Headmen Jermain and Beaulieu, at the signing of Treaty 11 at Fort Rae on August 22, 1921;

(b) at the time of the ratification vote referred to in 4.2.1(b), was comprised of every person who

(i) was, at that time, a band member,

(ii) was of Aboriginal ancestry, resided in and used and occupied any part of Monfwi Gogha De Niitlee on or before August 22, 1921 and received Treaty 11 benefits,

(iii) was adopted as a child, under the laws of any jurisdiction or under any Tlicho custom, by a person described in (ii), or

(iv) was a descendant of a person described in (ii) or (iii); and

(c) after the effective date, is comprised of all Tlicho Citizens.

"Tlicho burial site" means a burial site that contains or might contain the remains of a Tlicho person, or an ancestor of a Tlicho person, or for which there is evidence that the site did or might have contained such remains, and includes sites indicated as Tlicho burial sites under 17.1.5.

"Tlicho Citizen" means a person whose name is on the Register.

"Tlicho community" means the community of Behchoko (Rae-Edzo), Whati (Lac La Martre), Gameti (Rae Lakes) or Wekweeti (Snare Lake).

"Tlicho community lands" means, in relation to a Tlicho community, the lands in that community other than any parcel to which the Tlicho community government does not hold the fee simple interest.

"Tlicho Constitution" means the Constitution of the Tlicho Government referred to in 7.1.

"Tlicho First Nation" means the Aboriginal people comprised of all Tlicho Citizens.

"Tlicho Government" means the government of the Tlicho First Nation established in accordance with chapter 7.

"Tlicho heritage resource" means a heritage resource which relates to the history or culture of the Tlicho First Nation.

"Tlicho lands" means the lands

(a) vested in the Tlicho Government under 18.1.1; or

(b) in which the fee simple interest is held by the Tlicho Government, if the lands were conveyed to it under 9.5.1 or if the lands have become Tlicho lands under 18.1.10, 20.4.10 or 20.4.12,

but does not include lands that have been the subject of a conveyance under 9.5.2 or 18.1.6 or of an expropriation where the Tlicho Government no longer holds the fee simple interest in the lands or where any other person holds the fee simple interest to any minerals that may be found within, upon or under the lands.

"Tlicho law" means a law enacted by the Tlicho Government.

"Tlicho person" means a person

(a) of Aboriginal ancestry who resided in and used and occupied any part of Monfwi Gogha De Niitlee on or before August 22, 1921 and who received Treaty 11 benefits, or a descendant of such person;

(b) who is a band member, or a descendant of such person; or

(c) who was adopted as a child, under the laws of any jurisdiction or under any Tlicho custom, by a Tlicho person within the meaning of (a) or ( b) or by a Tlicho Citizen, or is a descendant of any such adoptee.

"total allowable harvest level" means, in relation to a population or stock of wildlife, the total amount of that population or stock that may be harvested annually.

"trade" means to barter or buy.

"treaty" means a treaty within the meaning of section 35 of the Constitution Act, 1982.

"Treaty 11 right" means a right under Treaty 11 signed at Fort Rae on August 22, 1921.

"tree" means a woody, perennial plant generally with a single well-defined stem and a more or less definitively formed crown which is found in a wild state in the Northwest Territories, including

(a) Pinus species including Jack Pine and Lodge Pole Pine;

(b) Larix species including Tamarack;

(c) Picea species including White Spruce and Black Spruce;

(d) Abies species including Alpine Fir;

(e) Salix species including Beaked Willow and Pussy Willow;

(f) Populus species including Trembling Aspen and Balsam Poplar;

(g) Betula species including White Birch, Alaska Birch and Water Birch;

(h) Alnus species including Speckled Alder and Mountain Alder; and

(i) Prunus species including Choke Cherry and Pin Cherry.

"Voters List" means the list produced under 4.6.1.

"waste" in relation to the deposit of waste, has the same meaning as in the Northwest Territories Waters Act.

"water" includes ice.

"waterfront lands" means a strip of lands 31 metres wide measured inland from the bank of a navigable river or other navigable water body that can be entered from a navigable river.

"Wekeezhii" comprises the area described in part 2 of the appendix to this chapter.

"Wekeezhii Land and Water Board" means the board referred to in 22.3.2.

"Wekeezhii Renewable Resources Board" means the board established by 12.1.2.

"wildlife" means all ferae naturae in a wild state including fish, mammals and birds.

APPENDIX TO CHAPTER 1

PART 1 DESCRIPTION OF MONFWI GOGHA DE NIITLEE

Official Description

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

All geographic coordinates are expressed in degrees, minutes and seconds.

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

All topographic features hereinafter referred to being according to:

edition 1 of the Fort Reliance NTS mapsheet number 75 K;
edition 1 of the Snowdrift NTS mapsheet number 75 L;
edition 3 of the Walmsley Lake NTS mapsheet number 75 N;
edition 3 of the Artillery Lake NTS mapsheet number 75 O;
edition 1 of the Healey Lake NTS mapsheet number 76 B;
edition 3 of the Aylmer Lake NTS mapsheet number 76 C;
edition 1 of the Contwoyto Lake NTS mapsheet number 76 E;
edition 1 of the Nose Lake NTS mapsheet number 76 F;
edition 3 of the Falaise Lake NTS mapsheet number 85 F;
edition 3 of the Sulphur Bay NTS mapsheet number 85;
edition 3 of the Fort Resolution NTS mapsheet number 85 H;
edition 5 of the Hearne Lake NTS mapsheet number 85 I;
edition 2 of the Rae NTS mapsheet number 85 K;
edition 3 of the Willow Lake NTS mapsheet number 85 L;
edition 3 of the Leith Peninsula NTS mapsheet number 86 E;
edition 3 of the Calder River NTS mapsheet number 86 F;
edition 2 of the Point Lake NTS mapsheet number 86 H;
edition 1 of the Takiyuak Lake NTS mapsheet number 86 I;
edition 2 of the Hepburn Lake NTS mapsheet number 86 J;
edition 2 of the Sloan River NTS mapsheet number 86 K;
edition 2 of the Bulmer Lake NTS mapsheet number 95 I;
edition 1 of the Keller Lake NTS mapsheet number 95 P;
edition 2 of the Johnny Hoe River NTS mapsheet number 96 A; and
edition 3 of the Grizzly Bear Mountain NTS mapsheet number 96 H;

Monfwi Gogha De Niitlee comprises all that area, in the Northwest Territories and Nunavut, described as follows:

commencing at the point of intersection in Great Slave Lake of latitude 61º 35' 15"N and longitude 114º 53' 30"W;

thence northwesterly in a straight line to the intersection of latitude 62º 00' 00"N and longitude 116º 19' 30"W;

latitude 62º 09' 30"N and approximate longitude 118º 47' 30"W;

thence westerly along the sinuosities of the bank of said lake to its intersection with the west bank of an unnamed stream at approximate latitude 62º 14' 45"N and longitude 119º 20' 00"W;

thence northwesterly along the sinuosities of the bank of said stream to its intersection with the south bank of Hornell Lake at approximate latitude 62º 16' 15"N and longitude 119º 19' 30"W;

thence northwesterly along the sinuosities of the bank of said lake to a point at approximate latitude 62º 20' 45"N and longitude 119º 35' 00"W;

thence northwesterly in a straight line to the intersection of latitude 62º 25' 30"N and longitude 120º 00' 00"W;

thence northwesterly in a straight line to the intersection of latitude 62º 39' 45"N and longitude 120º 41' 30"W;

thence northwesterly in a straight line to the intersection of latitude 63º 00' 00"N and longitude 121º 02' 00"W;

thence northerly in a straight line to the intersection of latitude 64º 00' 00"N and longitude 121º 34' 15"W;

thence northerly in a straight line to the intersection of latitude 64º 27' 00"N and longitude 121º 30' 30"W;

thence northeasterly in a straight line to the intersection of latitude 65º 00' 00"N and longitude 120º 25' 00"W;

thence northeasterly in a straight line to the intersection of latitude 65º 55' 15"N and longitude 117º 29' 15"W;

thence northeasterly in a straight line to the intersection of latitude 66º 07' 45"N and longitude 116º 11' 00"W;

thence northeasterly in a straight line to the intersection of latitude 66º 33' 45"N and longitude 114º 27' 00"W;

thence southeasterly in a straight line to the intersection of latitude 65º 57' 30"N and longitude 112º 00' 00"W;

thence southeasterly in a straight line to the north bank of Contwoyto Lake at approximate latitude 65º 51' 15"N and longitude 111º 30' 00"W;

thence southeasterly along the sinuosities of the bank of said lake to a point at approximate latitude 65º 13' 30"N and longitude 109º 45' 00"W;

thence southeasterly in a straight line to the intersection of latitude 64º 35' 00"N and longitude 108º 38' 00"W;

thence southerly in a straight line to the intersection of latitude 64º 08' 30"N and longitude 108º 13' 00"W;

thence southeasterly in a straight line to the bank of Clinton Colden Lake at approximate latitude 64º 04' 15"N and longitude 107º 56' 30"W;

thence southerly in a straight line along longitude 107º 56' 30"W to the opposite bank of that lake at approximate latitude 64º 03' 30"N;

thence southerly along the sinuosities of the bank of said lake to the west bank of Ptarmigan Lake;

thence southerly along the sinuosities of the bank of said lake to the west bank of Lockhart River;

thence southwesterly along the sinuosities of the bank of said river to the west bank of Artillery Lake;

thence southwesterly along the sinuosities of the bank of said lake to its intersection with the north bank of Lockhart River at approximate latitude 62º 53' 30"N and longitude 108º 27' 30"W;

thence southwesterly along the sinuosities of the bank of said river to its intersection with the north bank of Great Slave Lake at approximate latitude 62º 47' 00"N and longitude 108º 58' 00"W;

thence northwesterly in a straight line to the intersection of latitude 62º 47' 15"N and approximate longitude 108º 57' 30"W;

thence westerly along the sinuosities of the bank of Great Slave Lake to a point at approximate latitude 62º 00' 15"N and longitude 113º 23' 30"W;

thence westerly in a straight line to the intersection of latitude 62º 00' 45"N and longitude 113º 26' 15"W;

thence southwesterly in a straight line to the point of commencement.

Illustrative Map

An illustrative map of Monfwi Gogha De Niitlee may be found in part 3 of this appendix.

PART 2 DESCRIPTION OF WEKEEZHII

Official Description

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

All geographic coordinates are expressed in degrees, minutes and seconds.

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

All topographic features hereinafter referred to being according to:

edition 3 of the MacKay Lake NTS mapsheet number 75 M;
edition 3 of the Aylmer Lake NTS mapsheet number 76 C;
edition 3 of the Lac De Gras NTS mapsheet number 76 D;
edition 1 of the Contwoyto Lake NTS mapsheet number 76 E;
edition 1 of the Nose Lake NTS mapsheet number 76 F;
edition 3 of the Sulphur Bay NTS mapsheet number 85 G;
edition 5 of the Yellowknife NTS mapsheet number 85 J;
edition 2 of the Rae NTS mapsheet number 85 K;
edition 3 of the Willow Lake NTS mapsheet number 85 L;
edition 2 of the Wecho River NTS mapsheet number 85 O;
edition 3 of the Carp Lakes NTS mapsheet number 85 P;
edition 2 of the Rivière Grandin NTS mapsheet number 86 D;
edition 3 of the Leith Peninsula NTS mapsheet number 86 E;
edition 1 of the Yanik Lake NTS mapsheet number 86 E/7;
edition 1 of the Fishtrap Lake NTS mapsheet number 86 E/8;
edition 3 of the Calder River NTS mapsheet number 86 F;
edition 2 of the Point Lake NTS mapsheet number 86 H;
edition 2 of the Hepburn Lake NTS mapsheet number 86 J;
edition 2 of the Sloan River NTS mapsheet number 86 K;
edition 1 of the Keller Lake NTS mapsheet number 95 P;
edition 2 of the Johnny Hoe River NTS mapsheet number 96 A;

Wekeezhii comprises all that parcel of land, in the Northwest Territories, described as follows:

commencing at the point of intersection of the west bank of Great Slave Lake with latitude 61º 52' 32"N and approximate longitude 114º 41' 51"W;

thence northwesterly in a straight line to the intersection of the west limit of Yellowknife Highway with latitude 62º 04' 05"N and approximate longitude 116º 19' 14"W;

thence northwesterly in a straight line to the intersection of latitude 62º 17' 33"N and longitude 117º 31' 33"W;

thence northwesterly in a straight line to the intersection of latitude 62º 32' 45"N and longitude 118º 28' 23"W;

thence northwesterly in a straight line to the intersection of latitude 62º 45' 47"N and longitude 119º 37' 48"W;

thence northwesterly in a straight line to the intersection of latitude 62/ 48' 44" N with longitude 119º 45' 09"W;

thence northwesterly in a straight line to the intersection of latitude 62º 50' 42"N and longitude 119º 49' 07"W;

thence northwesterly in a straight line to its intersection with the south boundary of the Sahtu settlement area at the intersection of latitude 64º 01' 00"N with the east bank of an unnamed stream at approximate longitude 121º 14' 30"W;

thence northeasterly along the boundary of the Sahtu settlement area to its intersection with the southwesterly boundary of Nunavut;

thence southeasterly along the boundary of Nunavut to its intersection with approximate latitude 64º 47' 52"N and longitude 108º 42' 57"W;

thence southwesterly in a straight line to the intersection of latitude 64º 19' 28"N with longitude 109º 43' 51"W;

thence southwesterly in a straight line to the intersection of latitude 64º 14' 26"N with longitude 110º 13' 30"W;

thence southwesterly in a straight line to the intersection of the east bank of Courageous Lake with latitude 64º 09' 32"N at approximate longitude 110º 49' 13"W;

thence southerly and easterly along the bank of said lake to its intersection with latitude 64º 06' 41"N and approximate longitude 111º 03' 41"W;

thence southwesterly in a straight line to the intersection of the east bank of an unnamed lake with latitude 63º 47' 56"N at approximate longitude 112º 52' 44"W;

thence southwesterly in a straight line to the intersection of latitude 63º 30' 00"N with longitude 113º 30' 00"W;

thence southwesterly in a straight line to the intersection of latitude 63º 20' 50"N with longitude 114º 10' 11"W;

thence southwesterly in a straight line to the intersection of latitude 62º 32' 29"N with longitude 115º 07' 37"W;

thence southerly in a straight line to the intersection of the westerly bank of Great Slave Lake with latitude 62º 27' 59"N at approximate longitude 115º 15' 19"W;

thence southerly along the said bank of Great Slave Lake to the point of commencement.

Illustrative Map

An illustrative map of Wekeezhii may be found in part 3 of this appendix.

PART 3 ILLUSTRATIVE MAPS

The coloured maps in this part of the appendix are for illustrative purposes only. They are not official descriptions.

Map of Monfwi Gogha De Niitlee

Legend


Monfwi Gogha De Niitlee boundary line

Nunavut boundary line

Sahtu settlement area boundary line

 

Map of Wekeezhii

Legend


Wekeezhii boundary line

Nunavut boundary line

Sahtu settlement area boundary line

 

Map of Monfwi Gogha De Niitlee, Wekeezhii, Tlicho Lands and Ezodziti

Legend


Monfwi Gogha De Niitlee boundary
Wekeezhii boundary
Nunavut boundary
Sahtu settlement area boundary
Tlicho Lands

Ezodziti








Chapter 2 - General Provisions

2.1 STATUS OF AGREEMENT

2.1.1
The Agreement is a land claims agreement within the meaning of section 35 of the Constitution Act, 1982. Unless expressly provided otherwise, no agreement made under or provided for in the Agreement but that is not part of the Agreement is a land claims agreement within the meaning of that section.

2.1.2
Ratification of the Agreement by the Tlicho in accordance with 4.2 and by government in accordance with 4.3 is a condition precedent to the validity of the Agreement and, until such ratification, the Agreement is null and void and of no effect.

2.2 TLICHO RIGHTS AND BENEFITS

2.2.1
Nothing in the Agreement or in the settlement legislation shall remove from the Tlicho First Nation its identity as an Aboriginal people of Canada or, subject to 2.6, affect the ability of Tlicho Citizens to participate in or benefit from any existing or future constitutional rights for Aboriginal people which may be applicable to them.

2.2.2
Nothing in the Agreement shall affect the ability of the Tlicho Government and Tlicho Citizens to participate in and benefit from government programs for status Indians, non-status Indians or Métis, as the case may be. Benefits received under such programs shall be determined by general criteria established from time to time.

2.2.3
When the Tlicho Government applies to government for program funding, the determination by government of the entitlement for funding shall take into account the fact that the Tlicho Government is the legal successor of the Dog Rib Rae Band, the Whati First Nation Band, the Gameti First Nation Band and the Dechi Laot' i First Nations Band.

2.2.4
Nothing in the Agreement shall affect the rights of Tlicho Citizens as Canadian citizens and they shall continue to be entitled to all the rights and benefits of all other Canadian citizens applicable to them from time to time.

2.2.5
Enrolment as a Tlicho Citizen does not affect a person' s identity as an Indian, Inuk or Métis.

2.2.6
Enrolment as a Tlicho Citizen shall not confer any rights or benefits under the Indian Act or a right of entry into Canada or of Canadian citizenship.

2.2.7
The Indian Act does not apply to Tlicho Citizens, except for the purpose of determining whether or not a Tlicho Citizen is an "Indian" under that Act and for the administration of the property of any person where it was being administered by the Minister of Indian Affairs and Northern Development under that Act before the effective date.

2.2.8
Nothing in the Agreement shall be construed to affect hunting, trapping or fishing rights under a Natural Resources Transfer Agreement, or under treaty, in British Columbia, Alberta, Saskatchewan or Manitoba of any person who is eligible to be enrolled as a Tlicho Citizen.

2.2.9
Nothing in the Agreement shall be interpreted so as to limit or extend any authority of the Parties to negotiate and enter into international, national, interprovincial, and interterritorial agreements, but this does not prevent the Tlicho Government from entering into agreements with a federal, provincial or territorial government for the provision of specific programs and services.

2.2.10
Rights and benefits provided under the Agreement for the Tlicho First Nation are vested in Tlicho Citizens collectively and may be exercised by individual Tlicho Citizens subject to any limitations established by or under any provisions of the Agreement, including any limitations established by the Tlicho Government. No Tlicho Citizen has a right to land, money or other benefits under the Agreement unless specifically provided for in the Agreement, or by decision of the Tlicho Government.

2.3 STATUS OF TLICHO LANDS

2.3.1
Tlicho lands are deemed not to be lands reserved for the Indians within the meaning of the Constitution Act, 1867 or reserves within the meaning of the Indian Act.

2.4 INTER-GOVERNMENTAL DEVOLUTION

2.4.1
Nothing in the Agreement shall prejudice the devolution or transfer of responsibility or powers from the Government of Canada to the Government of the Northwest Territories.

2.5 TREATY 11

2.5.1
The historical and cultural importance of Treaty 11 is hereby recognized and there shall be annual meetings to affirm this recognition, to make annual treaty payments and to recognize the importance of the Agreement.

2.6 CERTAINTY

2.6.1
Except as provided in 2.10, the Tlicho will not exercise or assert any Aboriginal or treaty rights, other than

(a) any right set out in the Agreement; or

(b) the Treaty 11 rights respecting annual payments to the Indians and payment of the salaries of teachers to instruct the children of the Indians.

2.6.2
A Tlicho person who is not a Tlicho Citizen will not exercise or assert any Aboriginal or treaty right held by the Tlicho .

2.6.3
For greater certainty,

(a) 2.6.1 prevents a Tlicho Citizen from exercising or asserting any Aboriginal or treaty rights other than those referred to in 2.6.1(a) and (b); and

(b) 2.6.2 does not prevent a Tlicho person who is not a Tlicho Citizen from exercising or asserting any Aboriginal or treaty right held by another Aboriginal people of which that person is a member.

2.6.4
The purpose of 2.6.1 and 2.6.2 is

(a) to enable Tlicho Citizens, the Tlicho First Nation and the Tlicho Government to exercise and enjoy all their rights, authorities, jurisdictions and privileges that are set out in the Agreement;

(b) to enable all other persons and governments to exercise and enjoy all their rights, authorities, jurisdictions and privileges; and

(c) to release all other persons and government of any obligation,

(i) to the Tlicho and Tlicho Citizens, in relation to any right that, under 2.6.1, is not exercisable or assertable, and

(ii) to any Tlicho person who is not a Tlicho Citizen, in relation to any Aboriginal or treaty right held by the Tlicho

as if those rights did not continue to exist.

2.6.5
The Tlicho and the persons who comprise it, prior to or after the effective date, release government and all other persons from all claims, of whatever nature or kind and whether known or unknown, that they ever had, now have or may have in the future, arising from any act or omission that occurred prior to the effective date and that may have affected any land right that was, at the time of the act or omission, an Aboriginal or treaty right held by the Tlicho .

2.6.6
The Tlicho and the persons who comprise it, prior to or after the effective date, release government and all other persons from all claims, of whatever nature or kind and whether known or unknown, that they now have or may have in the future, arising from any act or omission that occurred on or after the effective date and that may have affected any right that, under 2.6.1, is not exercisable or assertable.

2.6.7
In consideration of the rights in the Agreement, the Tlicho Government will indemnify and forever save harmless government from any claim to which 2.6.5 or 2.6.6 applies and that was brought on or after the effective date against government. For greater certainty, the right to be indemnified shall not extend to any claim relating to or in any way arising from the failure of government to carry out its obligations under the Agreement.

2.6.8
The right to be indemnified under 2.6.7 applies only if government vigorously defends the claim and does not compromise or settle it without the consent of the Tlicho Government. The right to be indemnified under 2.6.7 does not apply to any costs incurred by government in such a defence or settlement.

2.6.9
If 2.6.1 or 2.6.2 is not enforceable in relation to a land right, and that

(a) results in the imposition on government or any person of any obligations, related to that right, to the Tlicho or any person who is not to exercise or assert it;

(b) affects the ability of Tlicho Citizens, the Tlicho First Nation or the Tlicho Government to exercise and enjoy all their rights, authorities, jurisdictions and privileges that are set out in the Agreement; or

(c) affects the ability of any other person or government to exercise and enjoy all the rights, authorities, jurisdictions and privileges they would have if that right did not continue to exist,

the Tlicho cede, release and surrender, as of the effective date, that land right to the extent required to achieve the purpose in 2.6.4.

2.6.10
If the continued existence of a land right, that under 2.6.1 or 2.6.2 is not exercisable or assertable,

(a) results in the imposition on government or any person of any obligations, related to that right, to the Tlicho or any person who is not to exercise or assert it;

(b) affects the ability of Tlicho Citizens, the Tlicho First Nation or the Tlicho Government to exercise and enjoy all their rights, authorities, jurisdictions and privileges that are set out in the Agreement; or

(c) affects the ability of any other person or government to exercise and enjoy all the rights, authorities, jurisdictions and privileges they would have if that right did not continue to exist,

the Tlicho cede, release and surrender, as of the effective date, that land right to the extent required to achieve the purpose in 2.6.4.

2.7 OTHER ABORIGINAL PEOPLES

2.7.1
No provision in the Agreement shall be construed to

(a) recognize or provide any Aboriginal or treaty rights for any Aboriginal people other than the Tlicho First Nation; or

(b) affect

(i) any treaty right of any Aboriginal people other than the Tlicho , where the right existed before the provision of the Agreement was in effect, or

(ii) any Aboriginal rights of any Aboriginal people other than the Tlicho .

2.7.2
If a superior court of a province or territory, the Federal Court of Canada or the Supreme Court of Canada finally determines that 2.7.1 has the effect of rendering a provision of the Agreement wholly or partially inoperative or ineffective because that provision of the Agreement would otherwise affect any right referred to in 2.7.1(b),

(a) upon notice by a Party, the Parties shall enter into negotiations for the amendment of the Agreement in order to resolve any problems caused by that provision being inoperable or ineffective and to provide new or replacement rights that are equivalent to or compensate for any rights of Tlicho Citizens, the Tlicho First Nation or the Tlicho Government that would have been enjoyed under the provision; and

(b) if the Parties fail to reach agreement on an amendment under (a) within 90 days of the notice, a Party may refer the matter for resolution in accordance with chapter 6.

2.7.3
Notwithstanding any other provision in the Agreement, the Tlicho Government may, pursuant to an agreement with another Aboriginal people, agree to share with that Aboriginal people rights held by Tlicho Citizens, the Tlicho First Nation or the Tlicho Government under this Agreement, provided that no such sharing agreement shall affect the rights held by persons or peoples who are not party to that sharing agreement.

2.7.4
If an Aboriginal people reaches an agreement with the Tlicho Government and with government to modify the authority or structure of the Wekeezhii Renewable Resource Board or the Wekeezhii Land and Water Board, the Parties shall amend the Agreement accordingly.

2.8 INTERPRETATION

2.8.1
The Agreement shall be the entire agreement and there is no representation, warranty, collateral agreement or condition affecting the Agreement except as provided by the Agreement.

2.8.2
Unless otherwise provided in the Agreement and to the extent consistent with the Agreement, legislation shall apply to the Tlicho Government, Tlicho Citizens and Tlicho lands, waters in, on or under Tlicho lands and resources on or in such lands and waters.

2.8.3
Where there is any inconsistency or conflict between the provisions of the settlement legislation or the Agreement and the provisions of any other legislation or Tlicho laws, the provisions of the settlement legislation or the Agreement, as the case may be, shall prevail to the extent of the inconsistency or conflict.

2.8.4
Where there is any inconsistency or conflict between the settlement legislation and the Agreement, the Agreement shall prevail to the extent of the inconsistency or conflict.

2.8.5
The Agreement may be examined as an aid to interpretation where there is any doubt in respect of the meaning of any legislation or Tlicho laws implementing the provisions of the Agreement.

2.8.6
There shall not be any presumption that doubtful expressions in the Agreement be interpreted in favour of any one of the Parties.

2.8.7
Except where a specific year and chapter number are included, citation of legislation refers to the legislation as amended from time to time and includes successor legislation.

2.8.8
Notwithstanding any provision of the Agreement, government may authorize any body or person to act on its behalf, or may identify, or change the identification of, which of its Ministers is responsible for the subject matter of a provision, by legislation or an order of the Governor in Council, in respect of the Government of Canada, or the Commissioner in Executive Council, in respect of the Government of the Northwest Territories.

2.8.9
For greater certainty, inclusion in a list in part 2 of the appendix to chapter 9 or in part 2 of the appendix to chapter 18 of an interest does not correct any defect in the interest that may exist immediately before the effective date, except that if a listed interest relating to land under the control of the Governor in Council was granted under territorial legislation it shall be deemed to have been under the administration and control of the Commissioner of the Northwest Territories at the time of the grant.

2.9 VALIDITY OF AGREEMENT

2.9.1
None of the Parties or the Tlicho Government shall challenge the validity of any provision of the Agreement.

2.9.2
Subject to 2.6, none of the Parties or the Tlicho Government shall have a claim or cause of action based on a finding that any provision of the Agreement is invalid.

2.9.3
If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the Parties shall make best efforts to amend the Agreement to remedy the invalidity or replace the invalid provision.

2.10 AMENDMENT

2.10.1
Except as provided in 2.10.9, 9.1.4, 9.1.8, 9.6.3, 18.1.3, 18.1.5 and 18.3.3, the Agreement may only be amended with the consent of the Parties as evidenced by

(a) in respect of the Government of Canada,

(i) an order of the Governor in Council, or

(ii) in the case of an amendment to part 1 of the appendix to chapter 1, of an amendment under 9.1.5, 9.1.6, 9.6.2, 18.1.4, 18.1.6, 18.3.2 or of an amendment to 19.8 or to the appendix to chapter 19, the signature of the Deputy Minister of Indian Affairs and Northern Development;

(b) in respect of the Government of the Northwest Territories,

(i) an order of the Commissioner in Executive Council,

(ii) in the case of an amendment to part 1 of the appendix to chapter 1, the signature of the Deputy Minister of Aboriginal Affairs,

(iii) in the case of an amendment under 9.1.5, 9.1.6, 18.1.4 or 18.1.6 or of an amendment to 19.8 or to the appendix to chapter 19, the signature of the Deputy Minister of Municipal and Community Affairs, or

(iv) in the case of an amendment under 9.6.2 or 18.3.2, the signature of the Deputy Minister of the Department of Resources, Wildlife and Economic Development; and

(c) in respect of the Tlicho , as provided for in the Tlicho Constitution.

2.10.2
If the Tlicho Government proposes the exercise, by Tlicho Citizens, the Tlicho First Nation or the Tlicho Government, of a right that is not a land right and that is not set out in the Agreement, the Parties shall enter into discussions to determine what their interests are in relation to the proposed right. The Parties may, after these discussions, agree to enter into negotiations for the amendment of the Agreement to incorporate the proposed right.

2.10.3
If the Parties do not agree to enter into negotiations within 90 days of receipt under 2.10.2 by government of the proposed right or do not consent to the text of the amendment within one year of agreement to enter into negotiations or such longer period set by the Parties, the Tlicho Government may apply to the Supreme Court of the Northwest Territories for a decision on whether the proposed right is an Aboriginal right of the Tlicho First Nation. Government has the status of a party in any such application. 2.10.4 The Tlicho Government may not make an application under 2.10.3 if it has already made an application in relation to the same or another proposed right within the preceding five years.

2.10.5
If the highest court in which an application under 2.10.3 is considered confirms the existence of an Aboriginal right of the Tlicho First Nation, the Parties shall enter into negotiations to incorporate the right into the Agreement.

2.10.6
If the Parties fail to consent to the text of an amendment within one year of the decision by the highest court in which an application under 2.10.3 is considered, or such longer period set by the Parties, the Tlicho Government may submit the issue, as to the text of the amendment, for resolution in accordance with chapter 6.

2.10.7
Subject to 2.10.8, an arbitrator under 6.5 is limited to drafting the text to fit the language and format of the Agreement, after consultation with the Parties,

(a) in order to describe the nature and scope of the right, as confirmed by the court; and

(b) where the right includes a law-making power, in order to confirm that

(i) the law-making power is concurrent with that of government,

(ii) a federal law of overriding national importance prevails over any conflict between it and a Tlicho law made under that power, to the extent of the conflict,

(iii) a provision of federal legislation that implements an obligation of the Government of Canada under an international agreement prevails over any conflict between it and a Tlicho law made under that power, to the extent of the conflict,

(iv) except where provided otherwise by the court, federal legislation other than that referred to in (ii) or (iii) prevails over any conflict between it and a Tlicho law made under that power, to the extent of the conflict,

(v) a provision of territorial legislation that implements an obligation of the Government of Canada under an international agreement prevails over any conflict between it and a Tlicho law made under that power, to the extent of the conflict, and

(vi) except where provided otherwise by the court, a Tlicho law made under that power prevails over any conflict between it and territorial legislation other than that referred to in (v), to the extent of the conflict.

2.10.8
The arbitrator shall not include in the draft text any financing obligations for any of the Parties notwithstanding any finding of the court.

2.10.9
The Agreement shall be considered to be amended in accordance with the text drafted by the arbitrator. The amendment shall be deemed to have been made 30 days after the release of the arbitrator' s decision.

2.10.10
For the purpose of 2.10.7(b)(ii), a federal law of overriding national importance includes a federal law that relates to preservation of peace, order and good government, that relates specifically to the criminal law, human rights or the protection of health and safety of all Canadians or that is essential to national security.

2.10.11
For the purpose of 2.10.2, the tax treatment of Tlicho Citizens will be deemed to be set out in the Agreement.

2.10.12
For the purpose of 2.10.2, a right that is a law-making power shall be considered to be set out in the Agreement where the power is in relation to any of the following:

(a) businesses, occupations and activities on Tlicho lands;

(b) intoxicants, weapons and dangerous substances on Tlicho lands;

(c) Tlicho language and culture of the Tlicho First Nation;

(d) traditional Tlicho medicine;

(e) heritage resources;

(f) training and education, except post-secondary education;

(g) social assistance, child and family services, guardianship, trusteeship and adoption;

(h) wills, intestacy and administration of estates;

(i) marriage;

(j) taxation; and

(k) enforcement of Tlicho laws.

2.11 CONSULTATION ON LEGISLATION

2.11.1
Government shall consult the Dogrib Treaty 11 Council or, when it is established, the Tlicho Government, in the planning of the institutions established by or under chapters 12 and 22 and the preparation of the settlement legislation and other legislation proposed to implement the provisions of the Agreement, including the preparation of any amendments to such legislation.

2.12 DISCLOSURE OF INFORMATION

2.12.1
Subject to 2.12.3, but notwithstanding any other provision of the Agreement, neither government, including the Tlicho community governments, nor the Tlicho Government is required to disclose any information that it is required or entitled to withhold under any legislation or Tlicho law relating to access to information or privacy.

2.12.2
Where government, including a Tlicho community government, or the Tlicho Government has a discretion to disclose any information, it shall take into account the objects of the Agreement in exercising that discretion.

2.12.3
Notwithstanding any legislation relating to access to information or privacy, government shall provide a Tlicho community government access to any information under its control, other than federal Cabinet documents or territorial Executive Council documents, that is required for the administration, by the Tlicho community government, of an interest listed in part 2 of the appendix to chapter 9 or a lease granted under 9.1.3.

2.13 DEPOSIT OF AGREEMENT

2.13.1
The Minister of Indian Affairs and Northern Development shall cause a copy of the Agreement and of any amendments thereto, including any instrument giving effect to an amendment, to be deposited in

(a) the Library of Parliament;

(b) the legislative library of the Government of the Northwest Territories;

(c) the main office of the Tlicho Government;

(d) the library of the Department of Indian Affairs and Northern Development that is situated in the National Capital Region;

(e) the office of the Registrar of Land Titles for the Northwest Territories;

(f) the regional office of the Department of Indian Affairs and Northern Development that is situated in the Northwest Territories; and

(g) such other places as the Minister deems necessary.

2.14 JURISDICTION OF COURTS

2.14.1
Subject to chapter 6, the Supreme Court of the Northwest Territories shall have exclusive jurisdiction in respect of any action or proceeding respecting the interpretation or application of the Agreement including the jurisdiction of the following bodies:

(a) the Wekeezhii Renewable Resources Board;

(b) the Surface Rights Board;

(c) the Mackenzie Valley Environmental Impact Review Board; and

(d) the Wekeezhii Land and Water Board.

2.14.2
The Supreme Court of the Northwest Territories shall have exclusive jurisdiction to review, on a question of law or jurisdiction,

(a) an enrolment appeal decision under 3.5; and

(b) a decision of an arbitrator under 6.5.

2.14.3
The Supreme Court of the Northwest Territories shall have exclusive jurisdiction for probate and administration of estates of Tlicho Citizens resident in the Northwest Territories at the time of death.

2.14.4
For greater certainty, no Tlicho law shall be interpreted to affect the inherent jurisdiction of the Supreme Court of the Northwest Territories with respect to children and legally incompetent persons.

2.14.5
Unless otherwise agreed by government and the Tlicho Government,

(a) the Territorial Court or a justice of the peace with authority in the Northwest Territories shall have jurisdiction to hear and determine proceedings for violations of Tlicho laws and to impose sanctions for such violations;

(b) in relation to a civil matter arising under Tlicho laws, the Supreme Court or Territorial Court of the Northwest Territories, if it has jurisdiction to hear and determine a similar civil matter arising under the laws of the Government of Canada or the Government of the Northwest Territories, shall have jurisdiction to hear and determine that matter arising under Tlicho laws, except where the Tlicho laws provide for it to be heard and determined other than by a court;

(c) the Supreme Court of the Northwest Territories shall have jurisdiction to review on a question of law or jurisdiction a final decision of a trustee or an administrative board, commission or tribunal or other body established by the Tlicho Government or, where Tlicho laws so provide, to hear and determine an appeal of such a decision;

(d) the Supreme Court of the Northwest Territories shall have jurisdiction to hear and determine a challenge to the validity of a Tlicho law or provision thereof; and

(e) in relation to a matter arising under Tlicho laws other than one described in any of (a) to (d), the Supreme Court or Territorial Court of the Northwest Territories or a justice of the peace with authority in the Northwest Territories, if that Court or justice has jurisdiction to hear and determine a similar matter arising under the laws of Canada or the Government of the Northwest Territories, shall have jurisdiction to hear and determine that matter arising under Tlicho laws, except where the Tlicho laws provide for it to be heard and determined other than by a court.

2.15 CHARTER OF RIGHTS AND FREEDOMS

2.15.1
The Canadian Charter of Rights and Freedoms applies to the Tlicho Government in respect of all matters within its authority.






Chapter 3 - Enrolment

3.1 ELIGIBILITY CRITERIA

3.1.1
Subject to 3.1.2, a person is eligible to be enrolled as a Tlicho Citizen if

(a) that person is

(i) a Tlicho person, and

(ii) a Canadian citizen or permanent resident of Canada;

(b) that person is a Tlicho person but as a result of adoption as a child became a citizen of a country other than Canada; or

(c) that person is

(i) accepted pursuant to the community acceptance process in the Tlicho Constitution, and

(ii) a Canadian citizen or permanent resident of Canada.

3.1.2
A person is not eligible to be enrolled as a Tlicho Citizen while that person is enrolled under another land claims agreement.

3.2 ELIGIBILITY COMMITTEE AND REGISTRAR

3.2.1
The Eligibility Committee shall be composed of six persons appointed as follows:

(a) four persons appointed by the Dogrib Treaty 11 Council except that any appointments after the effective date are to be made by the Tlicho Government; and

(b) two persons appointed by the Deputy Minister of Indian Affairs and Northern Development.

3.2.2
Before the end of the initial enrolment period, the Tlicho Government shall designate a person or group of persons as the registrar.

3.2.3
The Eligibility Committee is dissolved upon the designation of the person or group of persons, as registrar, by the Tlicho Government under 3.2.2. From the effective date, until it is dissolved, the Eligibility Committee shall perform the functions of the registrar. If it is dissolved while any appeal under 3.4 is pending, the Committee shall finalize its decision on the appeal as if it had not been dissolved.

3.2.4
The Eligibility Committee and the registrar shall determine its own procedures and rules which shall be in accordance with the principles of natural justice.

3.3 INITIAL TLICHO CITIZENS REGISTER

3.3.1
The Eligibility Committee shall,

(a) as soon as possible after the ratification vote referred to in 4.2.1(b), prepare information respecting eligibility to be enrolled as a Tlicho Citizen and make that information available to eligible persons;

(b) set the dates during which applications may be made to be put on the initial Tlicho Citizens Register and by which appeals under 3.3.4 may be made;

(c) receive and consider applications for persons to be put on the initial Tlicho Citizens Register;

(d) after all appeals under 3.3.4 have been dealt with, prepare a list of names of each person

(i) for whom an application to be put on the initial Tlicho Citizens Register has been received by the Committee,

(ii) who is eligible to be enrolled as a Tlicho Citizen under 3.1.1(a) or (b), and

(iii) who is not enrolled under another land claims agreement;

(e) by the effective date, publish the list prepared under (d), as the initial Tlicho Citizens Register; and

(f) provide copies of the initial Tlicho Citizens Register to the Dogrib Treaty 11 Council and to government.

3.3.2
For the purpose of enrolment in the initial Tlicho Citizens Register, to be considered a Tlicho person under (b) of the definition of "Tlicho person" in 1.1.1, a person must,

(a) at the date of application for such enrolment, be a band member; or

(b) be a descendant of a person referred to in (a).

3.3.3
Where the person to be enrolled in the initial Tlicho Citizens Register is a child or is legally incompetent, the application must be made by that person's parent, guardian or legal representative.

3.3.4
An appeal, in writing, may be made to the Eligibility Committee within the period set by it under 3.3.1(b) by any person whose application for enrolment in the initial Tlicho Citizens Register was rejected.

3.3.5
The Eligibility Committee shall give its decision on an appeal under 3.3.4 in writing to the appellant prior to publishing the initial Tlicho Citizens Register.

3.4 MAINTENANCE OF TLICHO CITIZENS REGISTER AFTER EFFECTIVE DATE

3.4.1
The registrar shall prepare information respecting the Register and the eligibility criteria required to be enrolled as a Tlicho Citizen and make that information available to persons eligible to be enrolled as Tlicho Citizens.

3.4.2
After the effective date, the registrar shall add to the Register the name of each person eligible to be enrolled as a Tlicho Citizen, and shall remove from the Register the name of any person and make corrections to the name of any person on the Register, upon application by

(a) that person, if he or she is not a child and is legally competent;

(b) the parent or guardian of that person, if he or she is a child; or

(c) the legal representative of that person, if he or she is legally incompetent.

3.4.3
After the effective date, the registrar shall remove the names of the following persons from the Register:

(a) a person who is dead;

(b) a person who is not a Canadian citizen or permanent resident of Canada, except where that person is eligible under 3.1.1(b);

(c) a person enrolled under another land claims agreement; and

(d) a person enrolled by mistake or on the basis of false or misleading supporting documentation.

3.4.4
A person's name shall not be removed under 3.4.3(b), (c) or (d) unless the person or, if that person is a child or is legally incompetent, his or her parent, where that parent has lawful authority to represent that person, or guardian or legal representative, has been given an opportunity to be heard.

3.4.5
For the purpose of enrolment in the Register under 3.4.2, to be considered as a Tlicho person under (b) of the definition of "Tlicho person" in 1.1.1, a person must,

(a) immediately before the effective date, have been a band member; or

(b) be a descendant of a person referred to in (a).

3.4.6
Any person whose application under 3.4.2 is refused or whose name is removed from the Register under 3.4.3 may, within 60 days of notice of such decision, appeal in writing to the registrar.

3.4.7
The registrar shall give notice in writing of the reasons for any decision to refuse an application under 3.4.2 or to remove a name from the Register under 3.4.3 and of the right to appeal, including the period for making an appeal,

(a) in the case of refusal to enrol, to the person from whom the application was received,and

(b) in the case of removal from the Register, to the person whose name was removed and any person who applied for its removal.

3.4.8
The registrar shall maintain a record of every person whose application under 3.4.2 is refused or whose name is removed from the Register under 3.4.3.

3.4.9
The registrar shall provide each Tlicho Citizen with proof of enrolment on the Register.

3.4.10
The registrar shall publish the Register at least once a year.

3.4.11
The registrar shall send to government and the Tlicho Government a copy of each annual publication of the Register as well as a notice of any alteration to the Register as soon as it is made.

3.4.12
The registrar shall provide to every person reasonable access to the Register and, on request, a copy of it or any part thereof. The registrar may impose a reasonable fee for copies.

3.5 ENROLMENT APPEAL PROCESS AFTER EFFECTIVE DATE

3.5.1
Subject to 3.5.2, between the effective date and the date the Eligibility Committee is dissolved, appeals under 3.4.6 shall be heard by an appeal panel, composed of three persons appointed by the Eligibility Committee, at least two of whom are appointed on the recommendation of the Tlicho Government.

3.5.2
The appeal panel shall complete its consideration of any appeal commenced but not completed before the dissolution of the Eligibility Committee.

3.5.3
By the effective date, the Eligibility Committee shall establish procedures and rules for appeals to the appeal panel established under 3.5.1, and the panel may amend those procedures and rules.

3.5.4
At the same time it designates a registrar under 3.2.2, the Tlicho Government shall establish an enrolment appeal process.

3.5.5
The principles of natural justice shall apply to the enrolment appeal process.

3.5.6
A decision on an appeal shall be made within 60 days of receipt of the appeal.

3.6 COSTS

3.6.1
The Government of Canada shall, until the end of the initial enrolment period, pay the costs incurred, in accordance with an approved budget, by the Eligibility Committee and its appeal panel and by the Tlicho Government registrar and its appeal body.

3.6.2
The Eligibility Committee and, where applicable, the Tlicho Government shall prepare an operations budget for each year in the initial enrolment period and submit it to the Government of Canada. The Government of Canada may approve the budget as prepared or vary it and approve it as varied. The budget shall provide for funds reasonably required to fulfill the mandates of the Committee, the Tlicho Government registrar, where applicable, and their appeal panel or body and shall be in accordance with the Government of Canada's Treasury Board guidelines.

3.6.3
After the initial enrolment period, the Tlicho Government shall bear the costs of the enrolment process, including the costs of its enrolment appeal process.






Chapter 4 - Ratification Process

4.1 GENERAL

4.1.1
Once the Agreement has been initialled by the chief negotiators, it shall be submitted by them to their principals for ratification in accordance with this chapter.

4.1.2
Government shall consider the Agreement as soon as possible after approval by the Dogrib Treaty 11 Council under 4.2.1(a).

4.1.3
The Agreement shall be signed by the Grand Chief and the executive of the Dogrib Treaty 11 Council and by government as soon as possible after they have been authorized to sign.

4.1.4
The Government of the Northwest Territories shall recommend to the Legislative Assembly that the Agreement be approved, given effect and declared valid by territorial legislation.

4.1.5
After the federal Minister has signed the Agreement, the Government of Canada shall recommend the federal bill for settlement legislation to Parliament. The federal settlement legislation shall provide that the Agreement is approved, given effect and declared valid.

4.2 RATIFICATION BY TLICHO

4.2.1
Tlicho ratification shall consist of

(a) approval of the Agreement by the Dogrib Treaty 11 Council;

(b) approval of the Agreement by a majority of the persons whose names are on the Voters List through a ratification vote held in accordance with these provisions; and

(c) signing of the Agreement by the executive of the Dogrib Treaty 11 Council as authorized through the ratification vote.

4.3 RATIFICATION BY GOVERNMENT

4.3.1
Government of the Northwest Territories ratification shall consist of

(a) approval of the Agreement by the Executive Council;

(b) signing of the Agreement by the Minister authorized by the Executive Council; and

(c) the coming into force of territorial settlement legislation.

4.3.2
Government of Canada ratification shall consist of

(a) signing of the Agreement by the Minister; and

(b) the coming into force of federal settlement legislation.

4.3.3
The federal settlement legislation shall be brought into force by a date set by a federal order in council, after consultation with the Dogrib Treaty 11 Council, and that date shall be more than two weeks after the order is made. The territorial settlement legislation shall be brought into force on the same date as the federal settlement legislation.

4.4 PRELIMINARY VOTERS LIST

4.4.1
The Eligibility Committee shall

(a) set the date or dates of the Tlicho ratification vote;

(b) prepare and distribute information respecting the Tlicho ratification vote, including eligibility for voting;

(c) receive and consider applications from persons to be put on the voters list;

(d) prepare a preliminary list of every person who applies to have his or her name put on the Voters List and who is an eligible voter;

(e) set the date by which appeals under 4.5.1 must be made, which shall be at least 45 days after the publication of the preliminary voters list, and specify that date on that list; and

(f) publish the preliminary voters list in each Tlicho community, in Yellowknife and in any other location it considers appropriate.

4.5 APPEALS

4.5.1
An appeal, in writing, may be made to the Eligibility Committee within the period set by it under 4.4.1(e),

(a) by a person whose name is not on the preliminary voters list to have his or her name included in the Voters List whether or not the person applied before the publication of the preliminary Voters List;

(b) by a person whose name is on the preliminary voters list to prevent the name of another person being included in the Voters List on the basis of ineligibility; and

(c) by a person whose name is on the preliminary voters list to prevent his or her name from being included in the Voters List.

4.5.2
The Eligibility Committee shall, in respect of an appeal under 4.5.1,

(a) hear it in the manner it considers appropriate;

(b) in the case of an appeal under 4.5.1(b), give the person alleged to be ineligible an opportunity to be heard;

(c) make its decision on the evidence available, which may include unsworn written statements and hearsay evidence; and

(d) prior to publishing the Voters List, give its decision in writing to the appellant and, in the case of an appeal under 4.5.1(b), to the person alleged to be ineligible.

4.5.3
The Eligibility Committee shall grant an appeal made under 4.5.1(c).

4.5.4
The Eligibility Committee shall, whether or not an appeal has been made, correct any errors in the preliminary voters list, other than those that can be raised under 4.5.1(a) or (b), where those errors are brought to its attention within the period set by it under 4.4.1(e).

4.5.5
A decision of the Eligibility Committee under 4.5 is final.

4.6 VOTERS LIST

4.6.1
The Eligibility Committee shall, at least 30 days before the first day of the Tlicho ratification vote at the polling stations, revise the preliminary voters list in accordance with its decisions under 4.5 and produce it as the Voters List.

4.7 INFORMATION CAMPAIGN

4.7.1
The Eligibility Committee shall be responsible for affording eligible voters a reasonable opportunity to review the substance and details of the Agreement.

4.7.2
The Eligibility Committee shall organize community meetings to provide eligible voters an opportunity to discuss the Agreement with representatives of the Dogrib Treaty 11 Council and government.

4.8 TLICHO RATIFICATION VOTE

4.8.1
The Eligibility Committee shall establish rules, consistent with these provisions, for the conduct of the ratification vote, including the establishment of polling stations. These rules may provide for advance voting by means other than voting at polling stations.

4.8.2
The ratification vote shall be held on the same date or dates in all of the polling stations.

4.8.3
The date or dates of the ratification vote and the location of the polling stations shall be made public.

4.8.4
The ratification vote shall be by secret ballot.

4.8.5
The form and contents of the ballot shall be approved by the chief negotiators.

4.8.6
The Eligibility Committee shall receive and tabulate all ballots and publish the results in each Tlicho community, in Yellowknife and in any other location it considers appropriate, showing

(a) the total number of ballots cast;

(b) the total number of ballots approving the Agreement;

(c) the total number of ballots not approving the Agreement; and

(d) the total number of ballots spoiled or rejected.






Chapter 5 - Implementation

5.1 IMPLEMENTATION PLAN

5.1.1
The implementation plan shall, in relation to the initial 10-year period following the effective date,

(a) identify the obligations and activities required to implement the Agreement;

(b) identify who is responsible for the activities;

(c) identify how the activities will be carried out;

(d) identify time frames for the activities;

(e) identify, in relation to the implementation of the Agreement, funding obligations of the Parties, including funding for capital projects;

(f) identify the employment opportunities for Tlicho Citizens to participate in the implementation of the Agreement; and

(g) address other matters agreed to by government and the Dogrib Treaty 11 Council.

5.1.2
The implementation plan is not part of the Agreement.

5.1.3
The implementation plan does not create legal obligations binding on the Parties, except to the extent that the plan expressly provides otherwise for funding obligations.

5.1.4
The list of obligations and activities set out in the implementation plan is without prejudice to the right of any Party to assert that additional obligations or activities are required to implement the Agreement.

5.1.5
The implementation plan may provide that funding for certain identified activities may be made available prior to effective date.

5.2 IMPLEMENTATION COMMITTEE

5.2.1
Within two months of the effective date, an Implementation Committee shall be established.

5.2.2
The Implementation Committee shall consist of three persons: one person representing and designated by the Government of Canada; one person representing and designated by the Government of the Northwest Territories; and one person representing and designated by the Tlicho Government.

5.2.3
Decisions of the Implementation Committee shall be by unanimous agreement.

5.2.4
The Implementation Committee shall oversee the implementation of the Agreement by

(a) monitoring the status of the implementation plan;

(b) revising activities and funding levels identified in the implementation plan, to the extent authorized by the plan;

(c) attempting to resolve implementation issues, without in any way affecting the application of chapter 6;

(d) making recommendations to the Parties respecting the implementation of the Agreement beyond the initial 10-year period; and

(e) providing the Parties with an annual report on the implementation of the Agreement.

5.2.5
Each Party shall be responsible for the costs of the participation of its representative to the Implementation Committee.

5.2.6
The Government of Canada shall be responsible for publishing the annual report.






Chapter 6 - Dispute Resolution

6.1 GENERAL

6.1.1
Before invoking a court process to resolve a dispute of the following type, a party to the dispute shall, in accordance with any rules of the administrator, attempt to resolve the dispute through discussion and by mediation under 6.4:

(a) any matter which the Agreement stipulates may be resolved in accordance with this chapter;

(b) a dispute between government and the Tlicho Government concerning the interpretation or application of the Agreement; or

(c) any matter which an agreement between government and the Tlicho Government stipulates may be resolved in accordance with this chapter or may be dealt with under 6.4.

6.1.2
Where a Tlicho Citizen has a right of action in relation to the Agreement, the Tlicho Government may, with the consent of the Tlicho Citizen, bring that action on behalf of the Tlicho Citizen.

6.1.3
The parties to a dispute referred to in 6.1.1 may at any time resolve their dispute by an agreement in writing. Notification of any such agreement shall be provided to a Party who is not a party to the dispute and to the administrator when mediation or arbitration is underway.

6.1.4
During discussions under 6.1.1 and mediation under 6.4, all communications concerning the dispute shall be "without prejudice". For the purposes of such discussions or mediation, the parties to a dispute shall treat documents or communications as confidential unless they agree otherwise. The report of a mediator shall be confidential unless the parties to the dispute agree otherwise.

6.1.5
Where the mediation process under 6.4 applies to a matter, no other mediation process provided by law applies, and where the arbitration process under 6.5, 6.6 or 6.7 applies to a matter, no other arbitration process provided by law applies.

6.2 APPOINTMENT OF DISPUTE RESOLUTION ADMINISTRATOR

6.2.1
As soon as possible after the effective date, the Parties shall jointly appoint a dispute resolution administrator and a deputy to act as administrator during any period while the administrator is unable to act. The Parties shall fill any vacancy without delay.

6.2.2
In the absence of an administrator and deputy administrator, a judge of the Supreme Court of the Northwest Territories shall on application of one of the Parties exercise the functions of the administrator under 6.4 and 6.5, until one is appointed under 6.2.1.

6.2.3
The term of appointment of the administrator and the deputy shall be six years and the administrator and the deputy may be reappointed.

6.2.4
The administrator or the deputy may be removed for cause by joint decision of the Parties.

6.2.5
The administrator and the deputy shall be remunerated at a rate set by government for time worked which shall be within the range set by government for public servants performing equivalent functions, and shall be paid for reasonable expenses incurred by them that are consistent with Treasury Board guidelines for public servants.

6.2.6
The administrator, in consultation with the Parties, shall prepare an annual budget and submit it to government. Government may approve the budget as submitted or vary it and approve it as varied. The budget shall provide for the funds reasonably required to fulfill the mandate of the administrator and the deputy, including those required to pay remuneration and expenses under 6.2.5.

6.2.7
Costs incurred by the administrator and the deputy in accordance with the approved budget, including their remuneration and expenses, shall be a charge on government.

6.3 GENERAL FUNCTIONS OF ADMINISTRATOR

6.3.1
The administrator shall

(a) from time to time, invite each of the Parties to provide, within a period specified by the administrator, a list of recommended candidates to act as mediators and arbitrators;

(b) in accordance with 6.3.2, establish and maintain from the lists a roster of no more than 12 persons;

(c) in consultation with the Parties, establish rules for mediation, including rules setting criteria for determining whether there have been adequate attempts to resolve a dispute by discussion for the purpose of 6.1.1 and 6.4.1;

(d) in consultation with the Parties, establish rules for arbitration, which shall provide for an expeditious and, where appropriate, informal process;

(e) in accordance with 6.4 and 6.5, appoint mediators and arbitrators; and

(f) maintain a public record of arbitration decisions.

6.3.2
The administrator shall identify the persons on the lists who the administrator considers to have a familiarity with the circumstances of the Parties and their relationships or with analogous circumstances and relationships, and to have the skills and abilities to act as mediators and arbitrators. The administrator shall notify each Party of any person recommended by it who does not meet this standard and give an opportunity for it to recommend an additional candidate. The administrator shall put on the roster all those on a list who meet the standard except that if there are more than 12 such persons, the administrator shall put on the roster the 12 best qualified.

6.3.3
If there are no persons on the roster or none who are available, upon receipt of a request for mediation or arbitration, the administrator shall, after consultation with the parties to the dispute, appoint a person as mediator or arbitrator who the administrator considers to have the skills and abilities to act as the mediator or arbitrator for the matter in dispute.

6.4 MEDIATION

6.4.1
The administrator shall not accept a request for mediation from a party to a dispute until that party has, in accordance with any rules of the administrator, attempted to resolve that dispute by discussion.

6.4.2
Subject to 6.4.1, the administrator shall appoint a mediator agreed to by the parties to a dispute or, in the absence of agreement, from the roster or under 6.3.3, upon receiving a request from a party to a dispute in respect of

(a) any matter which the Agreement stipulates shall or may be resolved in accordance with this chapter;

(b) a dispute between government and the Tlicho Government concerning the interpretation or application of the Agreement; or

(c) any matter which an agreement between government and the Tlicho Government stipulates shall or may be resolved in accordance with this chapter or shall or may be dealt with under 6.4.

6.4.3
The mediator shall, without delay, consult with the parties to the dispute and arrange for the commencement of the mediation.

6.4.4
Unless the parties to the dispute agree otherwise, the mediation shall be held in the Northwest Territories.

6.4.5
The mediation shall be concluded within a period of four hours from its commencement unless the parties to the dispute and the mediator agree to an extension.

6.4.6
Subject to 6.2.7, all costs of mediating a dispute, including the remuneration and expenses of the mediator, but excluding the costs incurred by the parties to the dispute, shall be shared equally among the parties to the dispute, unless provided otherwise in the Agreement or in the Implementation Plan. Each party to the dispute is responsible for the costs incurred by it.

6.4.7
Upon termination of the mediation proceedings, the mediator shall submit a mediation report, including the degree to which the parties to the dispute reached any agreement, to

(a) the parties to the dispute;

(b) the administrator;

(c) the Surface Rights Board, in the case of a dispute that would be referred to that Board under 6.6; and

(d) the Wekeezhii Land and Water Board, in the case of a dispute that would be referred to that Board under 6.7.

6.5 ARBITRATION

6.5.1
The administrator shall not accept a request to arbitrate from a party to a dispute until that party has, in accordance with any rules of the administrator, participated in mediation conducted in accordance with 6.4.

6.5.2
Subject to 6.5.1, the administrator shall appoint an arbitrator agreed to by the parties to the dispute or, in the absence of agreement, from the roster or under 6.3.3, upon receiving a request from a party to a dispute in respect of

(a) any matter which the Agreement stipulates shall or may be resolved in accordance with this chapter, except the matters required by 6.6.1 or 6.7.1 to be referred to the Board identified in 6.6 or 6.7 or by 6.8.1 to be referred to an arbitration committee appointed under the National Energy Board Act;

(b) a dispute between government and the Tlicho Government concerning the interpretation or application of the Agreement where the parties to the dispute agree in writing to be bound by an arbitration decision in accordance with this chapter; or

(c) a matter which an agreement between government and the Tlicho Government stipulates shall or may be resolved in accordance with this chapter.

6.5.3
Unless the parties to the dispute otherwise agree, a person who has acted as mediator in a dispute cannot act as an arbitrator for that dispute.

6.5.4
A Party that is not a party to the dispute may participate in any arbitration as a party to the dispute.

6.5.5
An arbitrator may allow any person that is not a party to the dispute, on application and on such terms as the arbitrator may order, to participate, as an intervener, in an arbitration if, in the opinion of the arbitrator, the interest of that person may be directly affected by the arbitration.

6.5.6
Subject to the rules of the administrator and the other provisions of the Agreement and to the provisions of an agreement referred to in 6.5.2(c), and in addition to any other powers provided by the Agreement, the arbitrator may, in relation to any matter before the arbitrator,

(a) determine all questions of procedure, including the method of giving evidence;

(b) make an award, including interim relief;

(c) provide for the payment of interest and costs;

(d) subpoena witnesses;

(e) administer oaths or affirmations to witnesses;

(f) refer questions of law to the Supreme Court of the Northwest Territories; and

(g) correct clerical errors in the arbitration decisions.

6.5.7
A decision of an arbitrator shall be conclusive and binding on the parties to the dispute and shall not be challenged by appeal or review in any court except on the ground that the arbitrator has erred in law or exceeded his or her jurisdiction.

6.5.8
Subject to 6.2.7, each party to a dispute shall bear its own costs and an equal share of the other costs of the arbitration including the remuneration and expenses of the arbitrator, except where the arbitrator decides to impose the responsibility for costs on just one or some of the parties to the dispute or to distribute it among those parties in a different manner.

6.5.9
Any intervener shall bear its own costs.

6.5.10
A party to the dispute may, after the expiration of 14 days from the date of the release of an arbitration decision or order or from the date provided in the decision for compliance, whichever is later, file in the Registry of the Supreme Court of the Northwest Territories a copy of the decision or order and the decision or order shall be entered as if it were a decision or order of the Court, and on being entered shall be deemed, for all purposes except for an appeal from it, to be an order of the Supreme Court of the Northwest Territories and enforceable as such.

6.5.11
Where requested by a party to a dispute, any information provided by that party shall be kept confidential among the parties to the dispute, the arbitrator and its agents.

6.5.12
In respect of an access order for Tlicho lands, 6.6.5 to 6.6.9 apply to the arbitrator as if the arbitrator was the Surface Rights Board and to an order of the arbitrator as if it were an access order from that Board.

6.6 SURFACE RIGHTS BOARD

6.6.1
If a Surface Rights Board is established by legislation as an institution of public government with jurisdiction over matters relating to access and compensation in an area larger than, but which includes, all Tlicho lands, and that jurisdiction accords with the provisions set out in 6.6, the matters specified in 19.3.3, 19.4.4, 19.4.6, 19.4.7 and 19.5.7 shall be referred by a party to the dispute to the Board for resolution instead of to the administrator for resolution by arbitration under 6.5.

6.6.2
Members of the Surface Rights Board shall be residents of the Northwest Territories. When dealing with Tlicho lands, the Board shall act through a panel of its members at least one of whom shall be a resident of Monfwi Gogha De Niitlee (NWT).

6.6.3
The costs of the Surface Rights Board incurred in accordance with an approved budget shall be a charge on government. The Board shall prepare an annual budget and submit it to government. Government may approve the budget as submitted or vary it and approve it as varied.

6.6.4
The Surface Rights Board shall not accept a request to resolve a dispute in relation to the matters referred to in 6.6.1 from a party to a dispute until that party has participated in mediation conducted in accordance with 6.4.

6.6.5
The Surface Rights Board may, with respect to an access order for Tlicho lands,

(a) establish, as a condition of access, a requirement to pay compensation for the use of the lands including compensation for unforeseen damage that may result from the access;

(b) grant the order before any compensation for such access has been determined;

(c) establish, as a condition of access, the right of the Tlicho Government to verify that the access is being exercised in accordance with any applicable condition established by the Agreement or the Board;

(d) periodically review the order or any conditions, including compensation;

(e) terminate the order, after a hearing, where the lands are no longer being used for the purpose authorized; and

(f) award costs.

6.6.6
In determining compensation payable in respect of access to Tlicho lands, the Surface Rights Board shall consider all relevant factors, including

(a) the market value of the land;

(b) loss of use of the land to Tlicho Citizens;

(c) effect on wildlife harvesting;

(d) adverse effect of the use upon lands retained by Tlicho Citizens;

(e) damage which may be caused to the land used;

(f) nuisance, inconvenience and noise;

(g) the cultural and other special value of the land to the Tlicho First Nation;

(h) the cost associated with any inspection rights established by the Surface Rights Board as a condition of access; and

(i) such other factors as may be provided for in the legislation establishing the Board, but shall not consider the reversionary value of the land after the use terminates, or any entry fee payable.

6.6.7
Any conditions set by the Surface Rights Board in an access order shall be consistent with any conditions established for the activity in question by a regulatory authority and, in the event of a conflict between them, the latter shall prevail.

6.6.8
Where an access order for Tlicho lands is granted before compensation is determined, a hearing to determine compensation shall be held not later than 30 days from the date of the access order.

6.6.9
Where any preconditions to a right of access have been satisfied, the Surface Rights Board has discretion only with respect to the conditions on which the access may be exercised and cannot refuse to issue the access order.

6.7 WEKEEZHII LAND AND WATER BOARD

6.7.1
The matters specified in 19.7.5, 19.7.6 and 21.5.4, except for a dispute on the amount of any payment for the value of the materials supplied or for the exercise of access, shall be referred by a party to the dispute to the Wekeezhii Land and Water Board for resolution instead of to the administrator for resolution by arbitration under 6.5.

6.7.2
The Wekeezhii Land and Water Board shall not accept a request to resolve a dispute from a party to a dispute in relation to the matters referred to in 6.7.1 until that party has participated in mediation conducted in accordance with 6.4.

6.7.3
A decision of the Wekeezhii Land and Water Board on a dispute accepted by it for resolution shall be conclusive and binding on the parties to the dispute and shall not be challenged by appeal or review in any court except on the ground that the Wekeezhii Land and Water Board has erred in law or exceeded its jurisdiction.

6.8 NATIONAL ENERGY BOARD ACT EXPROPRIATION

6.8.1
A dispute as to compensation for Tlicho lands expropriated under the National Energy Board Act shall be referred to an arbitration committee appointed under that Act instead of to the administrator for resolution by arbitration under 6.5 except that the committee shall include at least one nominee of the Tlicho Government.

6.8.2
An arbitration committee shall not be appointed under the National Energy Board Act for a dispute referred to in 6.8.1 until the parties to the dispute have participated in mediation conducted in accordance with 6.4 or negotiation in accordance with that Act.






Chapter 7 - Tlicho Government

7.1 TLICHO CONSTITUTION

7.1.1
The Tlicho Government is established at the effective date. The Constitution for that Government shall be approved by the Dogrib Treaty 11 Council before the ratification vote referred to in 4.2.1(b).

7.1.2
In addition to anything else necessary in relation to the Tlicho Government, the Tlicho Constitution shall provide for

(a) governing bodies and the exercise of their powers and duties and their composition, membership and procedures;

(b) protections for Tlicho Citizens and for other persons to whom Tlicho laws apply, by way of rights and freedoms no less than those set out in the Canadian Charter of Rights and Freedoms;

(c) a system of political and financial accountability to Tlicho Citizens;

(d) the challenging of the validity of Tlicho laws by any person directly affected by such laws and the quashing of invalid laws;

(e) implementation of the principle that persons directly affected by any programs or services delivered by any Tlicho Government institution should have an opportunity to participate in the decision making process with respect to the management and delivery of those programs and services;

(f) the possibility that persons who are not Tlicho Citizens may be appointed or elected as members of Tlicho Government institutions; and

(g) amendment of the Constitution by Tlicho Citizens.

7.1.3
The governing body of the Tlicho Government that exercises its law making powers and its primary executive functions will include at least

(a) a Grand Chief elected at large by eligible Tlicho Citizens;

(b) the Chief of each Tlicho community government; and

(c) one representative from each Tlicho community elected by the residents of that community.

7.1.4
To the extent of any conflict between the Tlicho Constitution and the Agreement, the Agreement prevails.

7.1.5
Every person shall have reasonable access to a copy of the Tlicho Constitution during normal business hours, and, upon request, the Tlicho Government shall provide, at cost, copies of the Constitution.

7.2 GENERAL POWERS

7.2.1
The Tlicho Government is a legal entity with the legal capacity of a natural person, including but not limited to, the ability to

(a) enter into contracts or agreements;

(b) acquire and hold property, including real property, or any interest therein, sell or otherwise dispose of property or any interest therein;

(c) raise, invest, expend and borrow money;

(d) sue or be sued;

(e) form corporations or any other legal entities; and

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

7.2.2
For greater certainty, the Tlicho Government may establish trusts and administrative boards, commissions and tribunals and other bodies to perform functions identified in Tlicho laws.

7.3 DELEGATION

7.3.1
The Tlicho Government may delegate any of its powers, except the power to enact laws, to

(a) a body or official established by a Tlicho law;

(b) government, including a department, agency or office of government;

(c) a board or other public body established by legislation; or

(d) a Tlicho community government or other municipal government.

7.3.2
A delegation under 7.3.1 must be in writing and, if under 7.3.1(b), (c) or (d), must be agreed to by the delegate.

7.3.3
The Tlicho Government has the capacity to enter into agreements to receive powers, including powers to enact laws, by delegation.

7.4 LAW MAKING POWERS

7.4.1
The Tlicho Government has the power to enact laws in relation to

(a) the structure of the Tlicho Government and its internal management; and

(b) the management and exercise of rights and benefits provided under the Agreement to Tlicho Citizens, to the Tlicho First Nation or to the Tlicho Government including those related to harvesting of wildlife, plants and trees.

7.4.2
The Tlicho Government has the power to enact laws in relation to the use, management, administration and protection of Tlicho lands and the renewable and non-renewable resources found thereon, including, for greater certainty, laws respecting

(a) the granting of interests in Tlicho lands and the expropriation of such interests by the Tlicho Government;

(b) land use plans for Tlicho lands;

(c) businesses, occupations and activities of a local nature on Tlicho lands;

(d) the control or prohibition of the transport, sale, manufacture, possession or use of weapons and dangerous substances on Tlicho lands;

(e) the control or prohibition of the transport, sale, possession or use of intoxicants on Tlicho lands; and

(f) the requirement for an authorization from the Wekeezhii Land and Water Board for use of Tlicho lands where legislation provides an exemption from such a requirement.

7.4.3
The Tlicho Government has the power to enact laws in relation to the following matters:

(a) who may harvest fish in waters on Tlicho lands;

(b) which Tlicho Citizens may harvest fish in Monfwi Gogha De Niitlee ;

(c) use of waters on Tlicho lands to promote fishery opportunities or activities such as aquaculture, fish stocking, fish hatcheries, trophy fish harvesting or catch and release fishing;

(d) limits, other than total allowable harvest levels, on any species or stock of fish which may be harvested,

(i) by any person, in waters on Tlicho lands, and

(ii) by Tlicho Citizens in Monfwi Gogha De Niitlee ;

(e) limits on when fish harvesting may occur, including non-quota limitations such as limits on location, methods, quantities and seasons,

(i) in relation to any person, in waters on Tlicho lands, and

(ii) in relation to Tlicho Citizens, in Monfwi Gogha De Niitlee ;

(f) restrictions on the type of equipment or gear that may be used for fish harvesting, including methods of use and identification of gear and harvested fish

(i) by any person, in waters on Tlicho lands, and

(ii) in relation to Tlicho Citizens, in Monfwi Gogha De Niitlee ;

(g) identification designating

(i) any person who is authorized to harvest fish in waters on Tlicho lands, and

(ii) a Tlicho Citizen who is authorized to harvest fish in Monfwi Gogha De Niitlee ;

(h) identification of fish transported outside Tlicho lands or Monfwi Gogha De Niitlee by Tlicho Citizens;

(i) fish allocations received from the Wekeezhii Renewable Resources Board; and

(j) other items in regard to fish management as agreed to by the Tlicho Government and government and confirmed in legislation.

7.4.4
The Tlicho Government has the power to enact laws in relation to

(a) protection of spiritual and cultural beliefs and practices of Tlicho Citizens and protection and promotion of the Tlicho language and of the culture of the Tlicho First Nation;

(b) the use of Tlicho language in operations of the Tlicho Government and standards for the Tlicho language;

(c) the practice of traditional medicine of Tlicho Citizens, including the certification of such practitioners;

(d) heritage resources on Tlicho lands or in Tlicho communities;

(e) training by the Tlicho Government for Tlicho Citizens;

(f) social assistance, including social housing, for Tlicho Citizens on Tlicho lands or in a Tlicho community, provided that such laws provide for standards, including standards for equitable access, portability and availability of appeal mechanisms;

(g) child and family services for Tlicho Citizens on Tlicho lands or in a Tlicho community, provided that such laws provide for standards, including standards for the application of the principle of acting in the best interests of the child;

(h) guardianship and trusteeship of adult Tlicho Citizens on Tlicho lands or in a Tlicho community, except in relation to persons who are subject to the Mental Health Act, provided that such laws provide for standards, including standards for the application of the principles of natural justice and the promotion of the safety and well-being of those persons;

(i) adoption, in the Northwest Territories, by a Tlicho Citizen of a child who is a Tlicho Citizen provided that such laws provide for adoption in accordance with the principle of acting in the best interests of the child and are consistent with any territorial legislation of general application requiring consent or notification of a biological parent;

(j) education, except post-secondary, for Tlicho Citizens in Tlicho communities or on Tlicho lands, including the teaching of the Tlicho language and the history and culture of the Tlicho First Nation but not including the certification of teachers;

(k) pre-schooling and early childhood development programs for Tlicho Citizens in Tlicho communities or on Tlicho lands;

(l) wills, intestacy and administration of estates of Tlicho Citizens resident in the Northwest Territories at the time of death;

(m) certification of persons to teach the Tlicho language and the history and culture of the Tlicho First Nation;

(n) solemnization of marriage on Tlicho lands or in a Tlicho community, including conditions under which individuals appointed by the Tlicho Government may solemnize marriages; and

(o) provision of services to Tlicho Citizens by the Tlicho Government for the resolution of disputes by processes other than courts.

7.4.5
The Tlicho Government has the power to enact laws for Tlicho Government purposes in relation to direct taxation of Tlicho Citizens on Tlicho lands or in a Tlicho community.

7.4.6
The powers to enact laws in relation to any of the matters set out in 7.4.1 to 7.4.5 includes the power to enact laws for the enforcement of those laws, including laws

(a) establishing powers of search, seizure, arrest and detention;

(b) providing for the appointment of enforcement officers and identifying their specific duties; and

(c) providing for the imposition of fines, imprisonment or other sanctions of a type authorized by legislation, or for the imposition of other sanctions consistent with the culture and customs of the Tlicho First Nation.

7.5 LIMITATIONS AND CONDITIONS

7.5.1
The power to enact laws in relation to the matters set out in 7.4.2 does not include the power to enact laws authorizing the use of water or the deposit of waste in water.

7.5.2
The only laws that may be enacted under 7.4 in relation to fish and fish habitat are those set out in 7.4.3.

7.5.3
7.5.1 and 7.5.2 do not restrict any power under 7.4.1 or 7.4.2 to enact laws respecting habitat for wildlife other than fish.

7.5.4
The power to enact laws in relation to the matters set out in 7.4.4(d) does not include the power to enact laws affecting private property rights in heritage resources.

7.5.5
The Government of the Northwest Territories shall develop, and amend as necessary, core principles and objectives for social assistance, social housing, child and family services, guardianship and trusteeship of adults and pre-schooling and early childhood development. In developing these principles and objectives, the Government of the Northwest Territories shall consult the Tlicho Government. Standards established by the Government of the Northwest Territories and Tlicho Government shall be compatible with these core principles and objectives.

7.5.6
The Tlicho Government shall provide to the Government of the Northwest Territories notice of adoptions under 7.4.4(i) laws and of marriages under 7.4.4(n) laws.

7.5.7
Curriculum, examination and other standards established under 7.4.4(j) shall be designed with the objective of permitting transfers of students between and within provincial and territorial school systems at a similar level of achievement and enabling qualified students to gain admission to provincial and territorial post-secondary education systems.

7.5.8
The power to enact laws in relation to the matters set out in 7.4.4(o) does not include the power to require persons to submit to any dispute resolution process without their consent.

7.5.9
Except where expressly applicable only to Tlicho Citizens, the power to enact laws in relation to the matters set out in 7.4 includes the power to enact laws that are applicable to persons who are not Tlicho Citizens.

7.5.10
The power to enact laws in relation to the matters set out in 7.4 does not include the power to enact laws

(a) regulating professions or certifying trades or occupations;

(b) authorizing the manufacture of intoxicants;

(c) preventing any person from exercising a right of access under chapter 19 or imposing any conditions on the exercise of such rights, 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 in chapter 19;

(d) imposing any conditions on the exercise of an interest listed in part 2 of the appendix to chapter 18, or any renewals, replacements, transfers or extensions of term thereof;

(e) establishing a permitting system for the use of the surface of Tlicho land;

(f) relating to broadcasting or telecommunications or to intellectual property;

(g) conferring the status of a corporation on a body;

(h) that are criminal laws or in relation to criminal procedure;

(i) establishing a court;

(j) providing for the imposition of fines or imprisonment beyond general limits provided for summary conviction offences in the Criminal Code for which no specific punishment is provided; or

(k) providing for the imposition of sanctions, other than those of a type authorized by legislation, on a person who is not a Tlicho Citizen without that person's consent.

7.5.11
For greater certainty, the power to enact laws in relation to the matters set out in 7.4.5 shall not limit the power of government or a Tlicho community government to impose or levy taxes or enact laws in respect of taxation.

7.5.12
Any Tlicho law enacted in relation to the matters set out in 7.4.5 is subject to the obligations of the Government of Canada under international treaties, conventions and protocols respecting taxation.

7.5.13
Before enacting a law in relation to the matters set out in 7.4.2, the Tlicho Government shall consult with government.

7.5.14
Before enacting a law in relation to a matter set out in 7.4.4(d) that is applicable in a Tlicho community or a law that applies to Tlicho land that is under water and is adjacent to a Tlicho community, the Tlicho Government shall consult with the Tlicho community government.

7.5.15
Before enacting a law in relation to a matter set out in any of 7.4.4(f) to (l), the Tlicho Government shall consult with the Government of the Northwest Territories.

7.5.16
When the Government of the Northwest Territories is of the opinion that a Tlicho law in relation to a matter set out in any of 7.4.4(f) to (l) has rendered territorial legislation partially inoperative, unreasonably alters the character of the legislation, or makes it unduly difficult to administer that legislation, the Government of the Northwest Territories, including a community government, may amend its legislation.

7.6 JUDICIAL PROCEEDINGS

7.6.1
The Tlicho Government has standing in any judicial proceedings, including any other dispute resolution proceedings, to act on behalf of any individual Tlicho Citizen, except where that Tlicho Citizen objects, or on behalf of the Tlicho First Nation with respect to rights or benefits under the Agreement.

7.6.2
The Tlicho Government has standing in any judicial proceedings in which custody of a child who is a Tlicho Citizen is in dispute, and the court will take judicial notice of Tlicho laws and will consider any evidence and representations in respect of the culture and customs of the Tlicho First Nation in addition to any other matters it is required by law to consider. The participation of the Tlicho Government in such judicial proceedings will be in accordance with the applicable rules of court and will not affect the ability of the court to control its process.

7.6.3
When the courts of the Northwest Territories are enforcing Tlicho laws, the courts shall give consideration to the culture and customs of the Tlicho First Nation.

7.6.4
The Tlicho Government is responsible for the prosecution of violations of Tlicho laws before the courts of the Northwest Territories and for appeals or other judicial proceedings with respect to such prosecutions, and will ensure that such prosecutions are consistent with the common law standards required for similar types of offences in Canada taking into account the culture and customs of the Tlicho First Nation.

7.6.5
The Tlicho Government is responsible for enforcing sanctions provided for violations of Tlicho laws other than those referred to in 7.6.6.

7.6.6
The Government of the Northwest Territories is responsible for enforcing sanctions provided for violations of Tlicho laws where the sanctions are fines, imprisonment and other sanctions of a type provided for in legislation.

7.6.7
An agreement may be concluded in respect of the enforcement of Tlicho laws, of legislation in relation to Tlicho Citizens or of legislation in relation to Tlicho lands by the Tlicho Government and government.

7.7 CONFLICT OF LAWS

7.7.1
Unless otherwise provided in the Agreement, the powers of the Tlicho Government to enact laws are concurrent with those of government.

7.7.2
In the case of conflict between federal legislation of general application and a Tlicho law, the federal legislation prevails to the extent of the conflict and in the case of conflict between any other federal legislation and a Tlicho law, the Tlicho law prevails to the extent of the conflict.

7.7.3
Except where provided otherwise in the Agreement, in the case of conflict between territorial legislation of general application and a Tlicho law, the Tlicho law prevails to the extent of the conflict.

7.7.4
In the case of conflict between a Tlicho law and a provision of territorial legislation that implements an obligation of the Government of Canada under an international agreement, the provision of the territorial legislation prevails to the extent of the conflict.

7.8 REGISTER OF TLICHO LAWS

7.8.1
The Tlicho Government shall maintain, at its principal administrative offices, a register on which it shall enter the text of all Tlicho laws, including any amendment to those laws.

7.8.2
Every person shall have reasonable access to the register during normal business hours.

7.8.3
The Tlicho Government upon request shall provide, at cost, copies of Tlicho laws.

7.9 COORDINATION OF PROGRAM AND SERVICE DELIVERY

7.9.1
Government and the Tlicho Government shall exercise their respective powers, to the extent practicable, in a manner that coordinates the delivery of programs and services provided to Tlicho Citizens and to all residents of the Northwest Territories.

7.9.2
Where one of the Parties is of the opinion that there may be or has been a serious disruption in the delivery of a program or service on Tlicho lands or in a Tlicho community, then, on 60 days notice by one of the Parties, the Parties will enter into discussions for the purpose of reaching agreement on whether there has been a disruption and if so, on how best to deal with it, including any cost-sharing arrangements. During the course of these discussions, the Parties shall consider

(a) the impact of the disruption on the delivery of the program or service;

(b) the options for maintaining the delivery, financing and administration of the program or service; and

(c) the potential cost implications of such options for each of the Parties.

7.9.3
Government and the Tlicho Government may enter into agreements to coordinate the delivery of programs and services or to otherwise harmonize program and service delivery, including arrangements for information sharing, record-keeping, methods of ensuring comparability of standards, cooperation in negotiation of inter-jurisdictional agreements, and any other measures as agreed.

7.10 INTERGOVERNMENTAL SERVICES AGREEMENTS

7.10.1
The Agreement shall not come into effect until the first intergovernmental services agreement, negotiated by government and the Dogrib Treaty 11 Council and as submitted by the chief negotiators to their principals during the ratification process, has been signed.

7.10.2
The first intergovernmental services agreement referred to in 7.10.1 and any subsequent agreement shall, where practicable, provide for the delivery of a type of program or service to all persons on Tlicho lands or in a Tlicho community by a single mechanism.

7.10.3
The primary objective of an intergovernmental services agreement is

(a) to provide for the management, administration and delivery of health, education, welfare, family or other social programs and services to persons other than Tlicho Citizens on Tlicho lands or in a Tlicho community and to Tlicho Citizens; and

(b) to be the instrument through which government and the Tlicho Government exercise their authorities over these types of programs and services and assume responsibility and accountability for their delivery,

in a manner that respects and promotes the Tlicho language and the culture and way of life of the Tlicho First Nation.

7.10.4
An intergovernmental services agreement may include a description of the principal elements of any legislation or Tlicho laws governing the types of programs and services covered by it and shall include

(a) a description of the manner in which Tlicho language and the culture and way of life of the Tlicho First Nation will be respected and promoted;

(b) a description of the manner in which the programs and services will be delivered, including any role to be played by government, by the Tlicho Government, by any institution of government, including, for greater certainty, a Tlicho community government, by any institution of the Tlicho Government or by any joint institution;

(c) provisions implementing the principle that persons affected by an intergovernmental services agreement should have an opportunity to participate in the decision making process with respect to the management and delivery of the programs and services covered by it, provided that, in the case of programs and services delivered by an institution of government or of the Tlicho Government or by a joint institution of both, this principle shall be implemented by providing an appropriate opportunity for those persons to be represented on that institution;

(d) provisions for the resolution of disputes; and

(e) provisions for its periodic review, a process for its amendment and a process, including appropriate notice periods, for its renewal or replacement.

7.10.5
The first intergovernmental services agreement shall be in effect for a period of 10 years from the effective date, unless another time period is set out in that agreement and may, upon its expiration, be renewed or replaced by another intergovernmental services agreement on all or any of the types of programs and services covered by the first agreement.

7.10.6
Unless the Parties otherwise agree, at least two years prior to the expiration date of an intergovernmental services agreement, the Parties shall give notice to each other as to whether they wish to negotiate a renewal or replacement agreement.

7.10.7
During the negotiation of an intergovernmental services agreement after the first one, the Parties shall review the financing agreement referred to in 7.11 to determine whether any amendments are required to the financing agreement in relation to financing in support of the intergovernmental services agreement.

7.10.8
Intergovernmental services agreements shall not form part of the Agreement.

7.10.9
An intergovernmental services agreement shall bind the Tlicho Government, the Government of the Northwest Territories and the Government of Canada as parties.

7.10.10
Where government provides a health, education, welfare, family or other social program or service in the Northwest Territories, it shall provide the program or service

(a) to Tlicho Citizens in a community in the Northwest Territories at a level comparable to that at which it is provided to all persons resident in that community; and

(b) in each Tlicho community at a level comparable to that at which it is provided in a similar community in the Northwest Territories.

7.10.11
In the absence of an intergovernmental services agreement in relation to any health, education, welfare, family or other social program or service provided to the residents of the Northwest Territories, the Parties shall exercise their powers, to the extent practicable, so as to

(a) minimize duplication and other inefficiencies in the delivery of such a program or service; and

(b) take advantage of opportunities for administrative harmonization and sharing of facilities in the delivery of such a program or service.

7.11 FINANCING AGREEMENTS

7.11.1
The Agreement shall not come into effect before the signing of the first financing agreement by the Government of Canada and the Dogrib Treaty 11 Council as submitted by the chief negotiators for the Government of Canada and the Dogrib Treaty 11 Council to their principals.

7.11.2
The first financing agreement shall be for a term of at least five years from the effective date and may be renewed or replaced by another financing agreement.

7.11.3
The following are objectives for the negotiation of a financing agreement:

(a) the Tlicho Government and its institutions be able to

(i) fulfill any role identified for them in an intergovernmental services agreement made under 7.10 in relation to the programs and services covered by that agreement so that those programs and services are provided at levels reasonably comparable to those generally prevailing in the Northwest Territories, and

(ii) exercise any other powers of the Tlicho Government under the Agreement; and

(b) the Parties be guided by their commitment to an effective central government in the Northwest Territories with the ability

(i) to continue to deliver its programs and services to all residents of the Northwest Territories, and

(ii) to effect economic and fiscal policies on a territory-wide basis.

7.11.4
In negotiating a financing agreement, the following shall be taken into account:

(a) the capacity of the Tlicho Government to generate revenues from its own sources;

(b) diseconomies of scale which impose higher operating or administrative costs on the Tlicho Government;

(c) opportunities for economies, including the possibilities for cooperative or joint arrangements among government, Tlicho community governments and the Tlicho Government for the management and delivery of programs or services;

(d) other financing provided to the Tlicho Government;

(e) geographic distribution of the population receiving services covered by the financing agreement from the Tlicho Government;

(f) the prevailing fiscal policies of government;

(g) the costs to government of managing and delivering a particular program or service for which the Tlicho Government is assuming responsibility;

(h) the desirability of funding arrangements that are reasonably stable and predictable; and

(i) such other matters as government and the Tlicho Government may agree.

7.11.5
To assist in the negotiation of a financing agreement, government and the Tlicho Government shall disclose all relevant information required for those negotiations.

7.11.6
A financing agreement shall set out

(a) the amounts of money to be provided by government towards the cost of establishing and operating the Tlicho Government and its institutions including any role identified for it or them under an intergovernmental services agreement made under 7.10;

(b) the mechanism for the transfer of money provided by government;

(c) financial accountability provisions, including those respecting reporting and audit;

(d) provisions for the exchange of information required to administer the financing agreement;

(e) procedures for negotiating a subsequent financing agreement;

(f) procedures for the resolution of disputes; and

(g) any other relevant matters.

7.11.7
Subject to 7.11.8, the Tlicho Government and Tlicho Citizens may continue to access federal and territorial program financing in accordance with program authorities and conditions in effect from time to time.

7.11.8
Notwithstanding 2.2.2, a financing agreement may provide that, in consideration of the money to be provided under it, the Tlicho Government and Tlicho Citizens are not eligible for specified program financing.

7.11.9
Monies to be provided under a financing agreement shall be paid out of such monies as may be appropriated by Parliament or the Legislature of the Northwest Territories for those purposes.

7.11.10
Financing agreements shall not form part of the Agreement.

7.11.11
A financing agreement shall bind government and the Tlicho Government as parties.

7.11.12
The levels of financing provided pursuant to a financing agreement may be adjusted annually according to a formula set out in the financing agreement.

7.12 GENERAL OBLIGATIONS

7.12.1
Except where expressly agreed by the Parties, nothing in this chapter creates or implies or can be used by any Party to create for another Party or for any other jurisdiction any financing obligations or any obligations to provide programs and services.

7.13 INTERNATIONAL LEGAL OBLIGATIONS

7.13.1
The following definition applies in 7.13.

"international treaty" means an agreement governed by international law and concluded in written form

(a) between States; or

(b) between one or more States and one or more international organizations,

whether that agreement is embodied in a single instrument or in two or more related instruments and whatever its particular designation.

7.13.2
Prior to consenting to be bound by an international treaty that may affect a right of the Tlicho Government, the Tlicho First Nation or a Tlicho Citizen, flowing from the Agreement, the Government of Canada shall provide an opportunity for the Tlicho Government to make its views known with respect to the international treaty either separately or through a forum.

7.13.3
Where the Government of Canada informs the Tlicho Government that it considers that a law or other exercise of power of the Tlicho Government causes Canada to be unable to perform an international legal obligation, the Tlicho Government and the Government of Canada shall discuss remedial measures to enable Canada to perform the international legal obligation. Subject to 7.13.4, the Tlicho Government shall remedy the law or other exercise of power to the extent necessary to enable Canada to perform the international legal obligation.

7.13.4
Where the Government of Canada and the Tlicho Government disagree over whether a law or other exercise of power of the Tlicho Government causes Canada to be unable to perform an international legal obligation, the dispute shall be resolved pursuant to 6.4 and 6.5, except that 6.5.4, 6.5.5 and 6.5.10 shall not apply in the resolution of such a dispute. If the arbitrator, having taken into account all relevant considerations including any reservations and exceptions available to Canada, determines that the law or other exercise of power of the Tlicho Government does not cause Canada to be unable to perform the international legal obligation, the Government of Canada shall not take any further action for this reason aimed at changing the Tlicho Government law or other exercise of power. If the arbitrator, having taken into account all relevant considerations including any reservations and exceptions available to Canada, determines that the Tlicho Government law or other exercise of power causes Canada to be unable to perform the international legal obligation, the Tlicho Government shall remedy the law or other exercise of power to enable Canada to perform the international legal obligation. The resolution of a dispute pursuant to this paragraph is without prejudice to the application of 7.13.6.

7.13.5
The Government of Canada shall consult the Tlicho Government in the development of positions taken by Canada before an international tribunal where a law or other exercise of power of the Tlicho Government has given rise to an issue concerning the performance of an international legal obligation of Canada. Canada's positions before the international tribunal shall take into account the commitment of the Parties to the integrity of this Agreement.

7.13.6
Notwithstanding 7.13.4, if there is a finding of an international tribunal of nonperformance of an international legal obligation of Canada attributable to a law or other exercise of power of the Tlicho Government, the Tlicho Government shall, at the request of the Government of Canada, remedy the law or action to enable Canada to perform the international legal obligation consistent with the compliance of Canada.

7.13.7
For greater certainty, reference to Canada's international legal obligations in the Agreement includes those that are in force on or after the effective date.

7.14 TRANSITIONAL

7.14.1
On the effective date, the Dogrib Treaty 11 Council, the Dog Rib Rae band, the Whati First Nation band, the Gameti First Nation band and the Dechi Laoti First Nations band cease to exist and are succeeded by the Tlicho Government.

7.14.2
On the effective date, the assets and liabilities of the bands referred to in 7.14.1 become the assets and liabilities of the Tlicho Government.

7.14.3
Any monies held by the Government of Canada for the use and benefit of the bands referred to in 7.14.1 shall be transferred to the Tlicho Government as soon as practicable after the effective date.

7.14.4
On the effective date,

(a) any assets or liabilities of the Dogrib Treaty 11 Council become the assets and liabilities of the Tlicho Government; and

(b) the Executive of the Dogrib Treaty 11 Council that is in office immediately before that date becomes the governing body of the Tlicho Government until replaced in accordance with the Tlicho Constitution.






Chapter 8 - Tlicho Community Governments

8.1 ESTABLISHMENT OF TLICHO COMMUNITY GOVERNMENTS

8.1.1
The Tlicho community governments of Behchoko, Whati, Gameti and Wekweeti must be established by territorial legislation.

8.1.2
The legislation establishing the Tlicho community governments shall be consistent with the Agreement and shall

(a) set out the powers of the Tlicho community governments and provide for the election procedures to be followed by Tlicho community governments, including those for by-elections to fill vacated positions;

(b) provide for the structures and administration of the Tlicho community governments and for their dissolution in accordance with 8.8;

(c) provide for transitional arrangements respecting existing community governments in the Tlicho communities, including the transfer of their assets and assumption of their liabilities and, where necessary, their dissolution;

(d) delineate the boundary of each Tlicho community;

(e) provide for any necessary authority of the Minister with respect to the operational and financial accountability of the Tlicho community governments;

(f) provide for the cancellation of any certificate of title issued before the effective date for a parcel of land that has become Tlicho community land;

(g) provide for the issuance of a new certificate of title for an interest listed in part 2 of the appendix to chapter 9 where a certificate of title for that interest was issued before the effective date;

(h) provide for the requirements for the issuance of certificates of title for Tlicho community land and for the registration of instruments related to Tlicho community land;

(i) provide for public access to roads and government access to Tlicho community land;

(j) provide the powers required for the Tlicho community government to administer Tlicho community land; and

(k) provide the powers required for the Tlicho community government to enter into municipal services agreements.

8.1.3
The chief municipal electoral officer in the Northwest Territories shall conduct the elections of the first Chiefs and councillors for the Tlicho community governments.

8.1.4
The provisions of the legislation establishing the Tlicho community governments will come into force on the effective date, except that any provisions in it respecting the first elections may come into force earlier.

8.1.5
Any Chief or councillors of a Tlicho community government elected before the effective date will not be considered to be in office before the effective date.

8.1.6
The Government of the Northwest Territories shall obtain the consent of the Tlicho Government before introducing any bill to amend the legislation referred to in 8.1.1.

8.2 STRUCTURE OF TLICHO COMMUNITY GOVERNMENTS

8.2.1
A Tlicho community government shall be comprised of a Chief and an even number of councillors. No Tlicho community government shall have fewer than four councillors. The maximum number of councillors for each Tlicho community government shall be determined in relation to the number of residents in the community, including children, as confirmed by the most recent census conducted before the election of the councillors, as follows:

Number of Tlicho Community Residents Maximum Number of Councillors Maximum Number of Councillors
Less than 200 4
200 - 299 6
300 - 499 8
500 - 999 10
1,000 or more 12

8.2.2
The legislation establishing the Tlicho community governments

(a) shall define residency in a Tlicho community or in Monfwi Gogha De Niitlee (NWT), for the purposes of 8.2.1, 8.2.3 and 8.2.4;

(b) may provide eligibility criteria, for Tlicho community government elections, that are the same as the criteria provided generally for elections of other community governments in the Northwest Territories;

(c) may provide the grounds and the process for removing a Chief or a councillor from office that are the same as is provided generally for other community governments in the Northwest Territories;

(d) may provide for a candidate for Chief or for candidates for councillor seats to be confirmed in office without an election where there is only one candidate for Chief or the number of candidates for councillor seats does not exceed the number of vacancies;

(e) may provide for a periodic census for the purpose of 8.2.1; and

(f) may provide for the appointment, by at least half of the councillors, of a councillor to act as Chief in the absence of the Chief.

8.2.3
A person is an eligible voter in a Tlicho community if that person

(a) is a Canadian citizen or permanent resident of Canada;

(b) is resident in the community for at least the six months immediately preceding the vote;

(c) is at least 18 years of age on the day of the vote; and

(d) has been resident in Monfwi Gogha De Niitlee (NWT) for at least the two years immediately preceding the vote.

8.2.4
The Chief of a Tlicho community government must be a Tlicho Citizen who is at least 18 years of age, has been resident in the community for at least the two years immediately preceding the vote, and is nominated and elected by Tlicho Citizens who are eligible voters. If a councillor is appointed to act as Chief in the absence of the Chief, that councillor must be a Tlicho Citizen.

8.2.5
A councillor of a Tlicho community government must be an eligible voter who is nominated and elected by eligible voters.

8.2.6
Subject to 8.2.7, in an election for a Tlicho community government, those candidates with the most votes shall be elected as councillors.

8.2.7
No more than half of the council seats may be filled by candidates who are not Tlicho Citizens and the remaining seats shall be filled by the candidates with the most votes among those who are Tlicho Citizens.

8.3 DELEGATION

8.3.1
A Tlicho community government may delegate any of its powers, except powers to enact laws, to

(a) a public body or office established by a law of that community government;

(b) the Tlicho Government or a body or office established by a Tlicho law;

(c) government, including a department, agency or office of government; or

(d) a public body established by legislation.

8.3.2
A delegation under 8.3.1 must be in writing and, if under (b), (c) or (d), must be agreed to by the delegate.

8.3.3
A Tlicho community government has the capacity to enter into agreements to receive powers, including powers to enact laws, by delegation. The delegation agreement may include powers exercisable outside the community and powers to enact laws applicable outside the community.

8.3.4
Where the Tlicho Government has delegated authority to a Tlicho community government to deliver programs for which government funding would be available to the Tlicho Government if it were delivering the programs, the Tlicho community government shall be treated as though the Tlicho Government had made the application to government for program funding.

8.3.5
When applying to government for funding under 8.3.4, a Tlicho community government shall be treated as a separate entity for purposes of calculating the entitlement to and quantum of funding.

8.4 POWERS TO ENACT LAWS

8.4.1
Legislation shall provide a Tlicho community government with the powers to enact laws relating to

(a) the operation and internal management of the Tlicho community government;

(b) the borrowing of money by the Tlicho community government;

(c) the administration of and the granting of interests in Tlicho community lands; and

(d) the following matters in the Tlicho community:

(i) management, use and protection of lands, including land use planning,

(ii) public order, peace and safety,

(iii) housing for residents,

(iv) by-law enforcement,

(v) intoxicants,

(vi) local transportation,

(vii) business licensing and regulation,

(viii) gaming and recreational contests, and

(ix) other matters of a local or private nature, including taxation.

8.4.2
For greater certainty, a Tlicho community government shall not have the power to enact laws that are criminal laws or in relation to criminal procedures.

8.5 INCONSISTENCY OR CONFLICT

8.5.1
In the case of any inconsistency or conflict between federal legislation and laws enacted by a Tlicho community government, the federal legislation prevails to the extent of the inconsistency or conflict.

8.5.2
In the case of any conflict between a Tlicho law and legislation establishing a Tlicho community government, the legislation establishing the Tlicho community government prevails to the extent of the conflict.

8.5.3
Except where otherwise provided in the Agreement, in the case of any inconsistency or conflict between laws enacted by a Tlicho community government and other territorial legislation, the other territorial legislation prevails to the extent of the inconsistency or conflict.

8.5.4
For greater certainty, in the case of conflict between a Tlicho law and a law enacted by a Tlicho community government, the Tlicho law prevails to the extent of the conflict.

8.6 PROGRAMS AND SERVICES

8.6.1
A Tlicho community government may enter into agreements with government, other community governments in Monfwi Gogha De Niitlee (NWT), the Tlicho Government or bodies of a type identified in the legislation establishing the Tlicho community governments to deliver, administer and manage programs and services for residents of a Tlicho community.

8.6.2
Programs and services delivered and managed by a Tlicho community government shall be funded at levels comparable to funding levels for similar programs and services in other communities in the Northwest Territories. Where the Tlicho community government and the Government of the Northwest Territories do not reach agreement on comparable funding levels, the Tlicho Government may refer, for resolution under chapter 6, the question as to whether the method used for determining comparable funding levels is equitable.

8.7 EXPANSION OF TLICHO COMMUNITY BOUNDARIES

8.7.1
The boundary of a Tlicho community may, in accordance with applicable legislation and the appendix to this chapter, be expanded.

8.8 DISSOLUTION OR RELOCATION

8.8.1
The agreement of the Parties is required before a Tlicho community government is dissolved or before a Tlicho community is relocated.

8.8.2
An agreement under 8.8.1 shall, subject to chapter 9, make provision for all assets and liabilities of the Tlicho community government.

8.8.3
In the agreement under 8.8.1, the Parties shall describe the amendment to the Agreement required to reflect the dissolution of any Tlicho community government or the relocation of any Tlicho community.

8.8.4
The dissolution or relocation is not effective until the amendment to the Agreement referred to in 8.8.3 is consented to under 2.10.

8.9 ESTABLISHMENT OF NEW TLICHO COMMUNITY GOVERNMENTS

8.9.1
A new Tlicho community shall only be established by agreement among the Parties and by the enactment of territorial legislation. The legislation shall be consistent with the Agreement and shall set out the powers of the government for that community and provide for its administration and structures. A new Tlicho community shall only be established adjacent to Tlicho lands.

8.9.2
In the agreement under 8.9.1, the Parties shall describe the amendment to the Agreement required to reflect the establishment of a Tlicho community government.

8.9.3
The establishment of a new Tlicho community is not effective until the amendment to the Agreement referred to in 8.9.2 is consented to in accordance with 2.10.

APPENDIX TO CHAPTER 8
PROCESS FOR EXPANSION OF
THE BOUNDARY OF A TLICHO COMMUNITY (8.7.1)

  1. The territorial Minister may not expand the boundary of a Tlicho community except at the written request of the Tlicho community government.

  2. The consent of the Tlicho Government is required where the expansion of the boundary would be into an area containing Tlicho lands.

  3. Before requesting the territorial Minister to expand the boundary of a Tlicho community into an area containing Tlicho lands, the Tlicho community government shall discuss with the Tlicho Government the need for the expansion and shall attempt to negotiate an agreement with the Tlicho Government for the conveyance of the Tlicho lands required for the expansion.

  4. Where the territorial Minister receives a request from a Tlicho community government but decides not to expand the boundary of the community, the Minister shall provide written reasons to the community government for that decision.





Chapter 9 - Tlicho Community Lands

9.1 TITLE

9.1.1
Subject to 9.1.2, title to all lands in a Tlicho community, other than the parcels described in part 1 of the appendix to this chapter or in the documents listed in that part, but including lands not so described that are in the community and are adjacent to or under any water body, is, on the effective date, vested in fee simple in the Tlicho community government.

9.1.2
The title referred to in 9.1.1

(a) does not include title to the mines and minerals, other than specified substances;

(b) is subject to any interests listed in part 2 of the appendix to this chapter in relation to that community, to any renewals of those interests and, where there is a right of replacement, to any replacement of those interests, and does not affect any encumbrances in respect of those interests; and

(c) is subject to any leases granted under 9.1.3.

9.1.3
Before the effective date, a person authorized by the Dogrib Treaty 11 Council may, on behalf of a Tlicho community government, execute an agreement for the granting of a lease described in part 3 of the appendix to this chapter. All such leases will come into effect on the effective date and the agreement will bind the Tlicho community government on whose behalf it was executed.

9.1.4
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 leases, 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.

9.1.5
During the first year after the effective date, the Parties will, following consultation with the affected Tlicho community government, amend part 2 of the appendix to this chapter to include any interests granted before the effective date that are in effect immediately before that date.

9.1.6
During the first year after the effective date, the Parties may amend part 1 or part 2 or the appendix to this chapter to

(a) correct an error in the description of a parcel described in part 1 or in a document listed in that part or of an interest listed in part 2;

(b) include in part 1 the description of a parcel held, immediately before the effective date, in fee simple or the description of a document containing the description of such a parcel;

(c) remove from part 1 the description of a parcel not held in fee simple immediately before the effective date or the description of a document containing the description of such a parcel; or

(d) remove from part 2 an interest that did not exist immediately before the effective date.

9.1.7
An amendment under 9.1.5 or 9.1.6 shall be deemed to have been made immediately before the effective date.

9.1.8
In the case of a dispute among the Parties as to whether any interest, renewal or replacement 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.

9.1.9
For greater certainty, a Tlicho community government may not acquire, by agreement or by expropriation, the fee simple interest in any mines or minerals, other than specified substances, but may, without any approval by government, acquire fee simple title in any part of a parcel that is adjacent to or under a water body in that community.

9.1.10
Upon acquisition by a Tlicho community government of the fee simple interest of any part of a parcel in that community that is described in part 1 of the appendix to this chapter or described in a document listed in that part, that land becomes Tlicho community land.

9.1.11
After the effective date, government shall not grant any new mining rights within the boundary of a Tlicho community.

9.1.12
The powers and obligations of the lessor or any representative of the lessor in relation to a lease listed in part 2 of the appendix to this chapter shall be assumed by the Tlicho community government to whose land the lease relates or by any other territorial official or body identified by the legislation establishing the Tlicho community governments. 9.1.13 Territorial legislation applies to a lease listed in part 2 of the appendix to this chapter instead of any federal legislation cited in the lease.

9.1.14
The Supreme Court of the Northwest Territories shall assume any jurisdiction confirmed for the Federal Court in a lease listed in part 2 of the appendix to this chapter.

9.2 NEW OR EXPANDED TLICHO COMMUNITIES

9.2.1
Subject to 9.2.2, the fee simple title to any Tlicho land in a Tlicho community that was established or whose boundary was expanded after the effective date shall be conveyed to the Tlicho community government or to government for subsequent conveyance to the Tlicho community government, in accordance with 18.1.9 or expropriated for that Tlicho community in accordance with chapter 20. The title to these Tlicho community lands is subject to any interests listed in part 2 of the appendix to chapter 18, to any interests granted by the Tlicho Government since the effective date and to any renewals or replacements of such interests.

9.2.2
The mines and minerals, other than specified substances, and the right to work them, in the Tlicho lands conveyed or expropriated under 9.2.1 shall be vested in government.

9.3 LIMITS ON ALIENATION OF TLICHO COMMUNITY LANDS

9.3.1
It is important to maintain the integrity of Tlicho community lands. Therefore, as a general principle, such lands shall not be expropriated, but if expropriation is necessary, the minimum interest required shall be taken.

9.3.2
Tlicho community lands may be expropriated by an expropriating authority in accordance with legislation.

9.3.3
Before proceeding with the expropriation of Tlicho community lands, an expropriating authority shall discuss with the Tlicho community 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.

9.3.4
Subject to 9.3.5 and 9.3.6, a Tlicho community government may not convey the fee simple interest in Tlicho community lands or grant an interest in the lands for a term exceeding 99 years, including any period of renewal, or that arises more than 99 years after the grant is made.

9.3.5
9.3.6 does not apply to conveyances or grants to an expropriating authority in place of expropriation.

9.3.6
Subject to 9.3.7, if authorized by the majority of those voting in a referendum conducted by a community government, that government may,

(a) grant an interest less than fee simple in Tlicho community lands for a term exceeding 99 years or that arises more than 99 years after the grant is made; or

(b) after the 20th anniversary of the effective date, convey the fee simple interest in Tlicho community lands.

9.3.7
Only persons qualified to vote for councillors of the community government may vote in the referendum referred to in 9.3.6.

9.4 RIGHT TO ACQUIRE GOVERNMENT LANDS

9.4.1
Where government has determined it no longer requires land that it holds in a Tlicho community, it shall make an offer to convey fee simple title to that land or whatever lesser title it holds, excluding mines and minerals that are not specified substances, to the Tlicho community government and shall not convey such an interest in those lands to any other person or government.

9.4.2
The Tlicho community government is not liable for the payment of any consideration in respect of the value of lands conveyed to it under 9.4.1, but is liable for any costs incurred by government to effect the conveyance. If there are any improvements on the lands, government may, before conveyance of title to the Tlicho community government, grant an interest, less than fee simple, in relation to the improvements, and the title of the Tlicho community government will be subject to that interest.

9.4.3
Notwithstanding 9.4.1 and 9.4.2, government is not obliged to convey title to the land referred to in 9.4.1 if the land had been acquired by government from the Tlicho community government upon payment of consideration or compensation, unless government is paid by the Tlicho community government for the value of that consideration or compensation.

9.4.4
Any dispute as to the amount to be paid to government under 9.4.3 may be referred by the Tlicho community government for resolution in accordance with chapter 6.

9.5 DISSOLUTION OR RELOCATION

9.5.1
Fee simple title to Tlicho community lands and to mines and minerals held by government in, on or under those lands shall, upon dissolution of the Tlicho community government or, in the case of the relocation of a Tlicho community, upon confirmation by government that the Tlicho community government is no longer responsible for those lands, be conveyed by government to the Tlicho Government, and those lands shall become Tlicho lands. Such title is subject to any interests in such lands identified in the transfer documentation and to any renewals, replacements, transfers or extensions of term of such interests.

9.5.2
Unless otherwise agreed by the Parties, the Tlicho Government shall convey to government the fee simple title in Tlicho lands of equivalent value to the lands conveyed to the Tlicho Government under 9.5.1. If the lands conveyed under 9.5.1 are improved, and the substitute lands are unimproved, the Tlicho Government may pay for the value of those improvements with money instead of with land.

9.5.3
Any dispute as to the value, for the purpose of 9.5.2, of the lands conveyed to government, of substitute lands or of improvements, may be referred by a Party for resolution in accordance with chapter 6.2

9.6 CONTAMINATED SITES

9.6.1
Where government undertakes any program respecting the clean-up of contaminated sites on Crown lands wholly or partly in Monfwi Gogha De Niitlee (NWT), the program shall apply to such sites on Tlicho community lands that are listed in part 4 of the appendix to this chapter as if the lands were Crown lands.

9.6.2
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 so as to include that site.

9.6.3
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 so as to include that site.

9.6.4
Government shall be responsible for the costs associated with any clean-up of a contaminated site under 9.6.1 on Tlicho community lands.

9.6.5
9.6.4 shall not prevent government from recovering any costs associated with the cleanup from a person who is liable for these costs.

9.6.6
There shall be no compensation payable for damage which may be caused to Tlicho community lands as a result of the clean-up of a contaminated site on Tlicho community lands under 9.6.1.

9.6.7
Government shall not be liable for any loss or damage to residents of a Tlicho community or to the Tlicho community government from contaminated sites on Tlicho community lands whether or not they are known at the time the ratification process commenced.

9.6.8
9.6.7 does not affect any obligation of government under 9.6.1 or 9.6.4.

9.7 PROPERTY TAX ASSISTANCE

9.7.1
On the effective date, the Government of Canada shall pay to the Tlicho Government $85,000 (2002$). This payment was calculated as a portion of the payments in lieu of taxes that the Government of Canada would have made over the 10 years following effective date for lands in Tlicho communities that were, immediately before the effective date, reserved in the name of the Indian Affairs Branch for Indian Housing and occupied by Tlicho Citizens, if title to those lands had not been vested in the Tlicho community governments. The Tlicho Government shall, in its sole discretion, determine how to use the payment.

9.7.2
For greater certainty, nothing in 9.7.1 affects any liability under legislation for the payment of property taxes assessed in relation to the lands referred to in 9.7.1.

APPENDIX TO CHAPTER 9

PART 1 EXCLUDED PARCELS (9.1.1; 9.1.6)

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

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

The excluded parcels are:

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

Location: Rae (Behchoko)

Certificates of Title Lot Block/Group/Quad LTO Plan
20654 1 Block 4 1620
20655 2 Block 4 1620
20656 6 Block 4 1620
27763 7 Block 4 1620
22210 3 Block 15 1866
22182 4 Block 15 1866
21665 5 Block 15 1866
21705 11 Block 15 1866
3762 6   97
27275 13 Block 15 2060
27186 20 Block 21 2060
25213 21 Block 21 2060
33169 37743   312
19884 Ptu 5-2   312
33714 22 Block 15 2404
34007 23 Block 15 2404
33716 24 Block 15 2404
53016 1000 Quad 85 J/13 2536
11624 8 Block 15 1866

 

Location: Edzo (Behchoko)

Certificates of Title Lot Block/Group/Quad LTO Plan
23519 2 Group 963 562
54216 120   584
9867 382   1095

 

Location: Frank Channel (Behchoko)

Certificates of Title Lot Block/Group/Quad LTO Plan
6099 905 Group 964 648

 

Location: Wha Ti (Whati)

Certificates of Title Lot Block/Group/Quad LTO Plan
5621 35   600
53694 45   3622
51909 56   3622
51908 57   3622
52551 1000 Quad 85 N/3 2360
52552 Road   2360
53017 69   3622

 

Location: Rae Lakes (Gameti)

Certificates of Title Lot Block/Group/Quad LTO Plan
52249 1000 Quad 86 C/3 2284
52250 Road   2284
53018 1   2869

 

B. Yellowknife Highway No. 3, being a 60-metre wide highway that is centred longitudinally on the centre line of that highway, within the boundaries of the Tlicho community of Behchoko.

C. the Rae access road, being:

(i) a 60-metre wide highway that is centred longitudinally on the centre line of that highway, from Yellowknife Highway No. 3 to Road, LTO Plan 1803; and

(ii) that portion of the Rae access road in Road, LTO Plan 1803; Road, LTO Plan 1486; and Road, LTO Plan 1866.

D. North Arm Territorial Park, as described in:

(i) document number 119-SK-019 on file with Land Administration, Department of Municipal and Community Affairs, Government of the Northwest Territories, in Yellowknife under file number 119-SK-019; and

(ii) Lot 1, Group 963, LTO Plan 378 and Lot 1-1, Group 963, LTO Plan 430.

E. Wekweti (Wekweeti) Airport, being Lot 1000, Quad 86B/1, LTO Plan 3674.

F. Wekweti (Wekweeti) airport access road, being Roads R1, R2, R3 and R4, Quad 86B/1, LTO Plan 3674.

G. Lot 9, Block 20, LTO Plan 2060 and Lot 14, Block 21, LTO Plan 2060 in Rae (Behchoko).

H. Lots 109, 110 and 111, LTO Plan 584 and Road, LTO Plan 562 in Edzo (Behchoko).

I. Lots 55 and 93, LTO Plan 3622 in Wha Ti (Whati).

J. Frank Channel Bridge area, as described in document number 116-SK-013 on file with Land Administration, Department of Municipal and Community Affairs, Government of the Northwest Territories, in Yellowknife under file number 116-SK-013.

K. Mosquito Creek Bridge area, as described in document number 119-SK-037 on file with Land Administration, Department of Municipal and Community Affairs, Government of the Northwest Territories, in Yellowknife under file number 119-SK-037.

PART 2 EXISTING INTERESTS LESS THAN FEE SIMPLE (9.1.2 (b); 9.1.5; 9.1.6; 9.1.8; 9.1.12; 9.1.13; 9.1.14)

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

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:

Location: Frank Channel (Behchoko)

File Document
85 J/13-24 85 J/13-24-5
85 J/13-26 85 J/13-26-5
85 J/13-30 3900

 

Location: Marian Lake (Behchoko)

File Document
85 K/16-1 3050

 

Location: Wha Ti (Whati)

File Document
85 N/3-44 85 N/3-44-2
85 N/3-45 5155
85 N/3-46 5170
85 N/3-47 5143
85 N/3-48 5022
85 N/3-52 5145
85 N/3-58 4567
85 N/3-61 4692
85 N/3-62 5083
85 N/3-63 3847
85 N/3-65 85 N/3-65-2
85 N/3-66 85 N/3-66-2
85 N/3-67 5180
85 N/3-68 5183
85 N/3-69 5178
85 N/3-77 85 N/3-77-2
85 N/3-81 4790
85 N/3-82 4791
85 N/3-83 4792
85 N/3-84 5008
85 N/3-85 4523
85 N/3-86 5074
85 N/3-87 5024
85 N/3-88 5144
85 N/3-89 4627
85 N/3-90 5121
85 N/3-91 5023
85 N/3-92 5122
85 N/3-93 5021
85 N/3-94 5025
85 N/3-95 5026
85 N/3-96 5099
85 N/3-97 5166
85 N/3-98 5167
85 N/3-99 5168
85 N/3-100 5123
85 N/3-101 5133
85 N/3-102 4693
85 N/3-103 4562
85 N/3-104 5172
85 N/3-105 5169
85 N/3-106 85 N/3-106-2
85 N/3-107 85 N/3-107-2
85 N/3-108 85 N/3-108-2
85 N/3-109 85 N/3-109-2

 

Location: Rae Lakes (Gameti)

File Document
86 C/3-9 5141
86 C/3-10 5031
86 C/3-11 4574
86 C/3-14 5096
86 C/3-15 5033
86 C/3-16 4728
86 C/3-21 5184
86 C/3-27 5035
86 C/3-28 5142
86 C/3-29 5034
86 C/3-30 5036
86 C/3-31 3952
86 C/3-32 5076
86 C/3-33 5032
86 C/3-38 86 C/3-38-2
86 C/3-40 86 C/3-40-2
86 C/3-44 86 C/3-44-2
86 C/3-45 86 C/3-45-2
86 C/3-46 86 C/3-46-2

 

Location: Snare Lake (Wekweeti)

File Document
86 B/1-24 5134
86 B/1-25 5176
86 B/1-26 5175
86 B/1-27 5016
86 B/1-28 4494
86 B/1-29 5027
86 B/1-30 5028
86 B/1-31 5029
86 B/1-32 5030
86 B/1-33 5173

 

B. documents on file with Land Administration, Department of Municipal and Community Affairs, Government of the Northwest Territories, in Yellowknife:

Location: Rae (Behchoko)

File Document
106-SK-029 2069T
106-SK-017 2518T
106-21-6 2759T
106-12-4 2823T
106-SK-010 2996T
106-SK-011 3099T
106-16-10 3464T
106-16-1 3531T
106-8-20 3895T
106-7-22 3896T
106-7-6 4020T
106-6-9 4021T
106-6-8 4022T
106-7-20 4023T
106-6-23 4024T
106-6-18 4025T
106-6-17 4026T
106-8-12 4027T
106-13-5 4028T
106-1-2 4029T
106-SK-002 4693T
106-6-26 4791T
106-6-10 4988T
106-7-4 4989T
106-7-1 5047T
106-7-21 5048T
106-7-16 5049T
106-8-8 5050T
106-6-6 5087T
106-7-10 5088T
106-7-13 5089T
106-7-14 5090T
106-8-10 5183T
106-7-12 5186T
106-6-28 5292T
106-6-12 5293T
106-6-13 5299T
106-7-18 5318T
106-6-40 5401T
106-3-16 5431T
106-21-4 5688T
106-3-2 5689T
106-2-29 5736T
106-7-5 5740T
106-2-26 5761T
106-SK-025 5878T
106-6-33 6052T
106-20-1 6112T
106-18-11 6161T
106-6-24 6218T
106-7-11 6251T
106-8-11 6253T
106-20-3 6427T
106-12-2 6507T
106-17-1 6664T
106-13-7 6740T
106-13-15 6827T
106-13-2 6828T
106-13-3 6829T
106-13-6 6830T
106-14-2 6831T
106-14-3 6832T
106-14-8 6833T
106-14-5 6834T
106-14-6 6835T
106-14-7 6836T
106-10-15 6837T
106-10-14 6838T
106-10-4 6839T
106-10-13 6840T
106-10-12 6841T
106-8-19 6842T
106-8-18 6843T
106-8-15 6845T
106-8-14 6846T
106-8-13 6847T
106-5-13 6848T
106-5-11 6849T
106-5-10 6850T
106-5-9 6851T
106-5-8 6852T
106-5-7 6853T
106-5-6 6854T
106-5-5 6855T
106-5-4 6856T
106-5-3 6857T
106-5-2 6858T
106-3-29 6859T
106-2-28 6860T
106-2-27 6861T
106-17-8 6889T
106-15-14 7261T
106-7-3 7309T
106-7-19 7310T
106-4-8 7374T
106-6-1 7375T
106-18-10 7726T
106-17-7 7729T
106-17-2 7730T
106-18-1 7731T
106-18-9 7732T
106-3-1 7886T
106-4-9 7894T
106-23-5 8167T
106-10-16 8381T
106-6-34 8396T
106-3-14 8410T
106-6-25 8411T
106-7-15 8414T
106-8-22 8415T
106-8-7 8419T
106-8-26 8459T
106-23-6 8466T
106-23-3 8467T
106-18-14 8635T
106-18-16 8657T
106-7-2 8896T
106-8-21 8982T
106-15-2 9165T
106-5-16 9265T
106-18-15 9355T
106-23-4 9356T
106-SK-051 9706T
106-2-8 9863T
106-6-30 10137T
106-2-3 10244T
106-16-2 10352T
106-22-13 10474T
106-10-7 10475T
106-6-29 10499T
106-15-15 10600T
106-18-4 10687T
106-18-2 10688T
106-22-1 10887T
106-6-38 11242T
106-8-17 11243T
106-22-6 11244T
106-2-5 11245T
106-10-5 11246T
106-22-4 11247T
106-22-8 11248T
106-22-9 11249T
106-22-11 11250T
106-18-6 15053T
106-18-7 15054T
106-18-8 15055T
106-SK-123 15107T
106-11-5 15340T
106-6-7 15402T
106-22-2 15404T
106-SK-087 15406T
106-11-4 15408T
106-8-9 15409T
106-24-11 15410T
106-24-17 15411T
106-17-5 15412T
106-6-35 15413T
106-25-2 15414T
106-24-15 15415T
106-2-30 15416T
106-6-42 15417T
106-6-36 15418T
106-24-18 15420T
106-24-16 15421T
106-26-1 15422T
106-17-4 15423T
106-18-5 15424T
106-24-9 15436T
106-2-10 15437T
106-25-6 15441T
106-25-9 15560T
106-25-4 15561T
106-22-7 23002T
106-25-7 23005T
106-24-7 23006T
106-17-3 23012T
106-24-12 23030T
106-23-19 23043T
106-8-1 23046T
106-12-6 23048T
106-14-9 23053T
106-22-3 23054T
106-SK-125 23057T
106-2-2 23067T
106-24-1 23084T
114-47 23085T
106-25-3 23088T
106-23-12 23089T
106-23-15 23090T
106-23-18 23091T
106-23-14 23092T
106-25-10 23093T
106-23-16 23094T
106-24-13 23098T
106-24-14 23100T
106-23-9 23101T
106-23-10 23102T
106-23-17 23103T
106-6-41 23108T
106-SK-001 23119T
106-23-13 23141T
106-24-3 23146T
106-SK-006 23153T
106-23-11 23171T
106-24-2 23177T
106-24-4 23192T
106-15-19 23193T
106-8-25 23194T
106-16-4 23210T
106-SK-022 23234T
000-NWTPC 23231T
000-NWTPC 23236T
000-NWTPC 23237T
000-NWTPC 23238T
106-11-10 23261T
106-20-2 23262T
106-20-4 23263T
106-SK-179 23264T
106-12-3 23265T
106-SK-180 23266T
106-SK-181 23267T
106-SK-182 23268T
106-SK-176 23269T
106-SK-183 23270T
106-13-10 R02-054
106-SK-090 R94-032
106-SK-122 106-SK-122

Location: Edzo (Behchoko)

File Document
119-365 2748T
119-100-1 3053T
119-356 3082T
119-360 3087T
119-362 3246T
119-363 3709T
119-121 3715T
119-334 4002T

119-296

4307T
119-294 4310T
119-143 5155T
119-339 5214T
 

119-136

5215T
119-292 5737T
119-SK-001 5739T
119-306 5913T
119-246 6013T
119-379 6384T
119-305 7022T
119-336 7398T
119-368 7399T
119-299 7400T
119-340 7401T
119-337 7402T
119-146 7403T
119-370 7608T
119-301 7824T
119-250 8096T
119-112 8098T
119-144 8100T
119-369 8462T
119-254 8545T
119-255 8546T
119-132 8547T
119-367 8548T
119-353 8669T
119-147 9029T
119-333 9032T
119-338 9149T
119-293 9163T
119-359 9272T
119-258 9350T
119-354 9774T
119-341 9816T
119-138 9823T
119-389 9840T
119-391 9841T
119-390 9842T
119-135 10255T
119-378 10684T
119-118 11187T
119-113 11188T
119-251 11189T
119-295 11190T
119-SK-025 15097T
119-297 15376T
119-131 15378T
119-133 15380T
119-140 15391T
119-393 15403T
119-398 15407T
119-134 15562T
119-335 17727T
119-298 17732T
119-252 23000T
119-392 23033T
119-253 23060T
119-141 23064T
119-307 23068T
119-256 23124T
119-361 23127T
119-257 23134T
119-372 23157T
119-358 23158T
119-SK-032 23161T
119-384 23167T
119-364 23174T
119-139 23175T
119-115 23180T
119-387 23181T
119-119 23206T
119-373 23219T
119-114 23230T
119-355 23233T
119-142 23241T
119-145 23242T

 

Location: Frank Channel (Behchoko)

File Document
116-SK-001A 8103T
116-SK-006 8550T
116-SK-005 8551T
116-SK-001 8552T
116-SK-008 23009T

 

Location: Wha Ti (Whati)

File Document
114-47 23085T
114-SK-035 85 N/3-65-2
114-SK-037 85 N/3-66-2
114-SK-025 4790
114-SK-030 4791
114-SK-032 4792
114-SK-034 5008
114-SK-098 5172
114-92 5180
114-SK-085 85 N/3-108-2

PART 3 NEW LEASES WITH TLICHO COMMUNITY GOVERNMENTS (9.1.3; 9.1.4)

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

A. leases with the Government of the Northwest Territories in respect of the areas described in the following files on file with Land Administration, Department of Municipal and Community Affairs, Government of the Northwest Territories, in Yellowknife:

Location: Rae (Behchoko)

106-SK-064
106-2-4

 

Location: Edzo (Behchoko)

119-137
119-221
119-235
119-SK-009
119-376
119-377
119-SK-25-1
119-SK-8-2
119-SK-010

 

Location: Frank Channel (Behchoko)

116-8-3

 

Location: Wha Ti (Whati)

114-67
114-72
114-SK-14
114-SK-47
114-SK-027
114-SK-96A
114-49
114-52
114-86

 

Location: Rae Lakes (Gameti)

120-SK-09
120-SK-007
120-SK-004
120-SK-011
120-SK-042
120-SK-068

Location: Snare Lake (Wekweeti)

135-SK-5-2
135-SK-007
135-SK-023

B. leases with the Northwest Territories Housing Corporation in respect of the areas described in the following documents on file with Land Administration, Department of Municipal and Community Affairs, Government of the Northwest Territories, in Yellowknife:

Location: Rae (Behchoko)

File Document
106-16-10 3464T
106-7-6 4020T
106-6-9 4021T
106-6-8 4022T
106-7-20 4023T
106-6-23 4024T
106-6-18 4025T
106-6-17 4026T
106-8-12 4027T
106-13-5 4028T
106-6-10 4988T
106-7-4 4989T
106-7-1 5047T
106-7-21 5048T
106-7-16 5049T
106-8-8 5050T
106-6-6 5087T
106-7-10 5088T
106-7-13 5089T
106-7-14 5090T
106-6-28 5292T
106-6-12 5293T
106-6-40 5401T
106-7-5 5740T
106-6-33 6052T
106-18-11 6161T
106-6-24 6218T
106-7-11 6251T
106-8-11 6253T
106-17-1 6664T
106-13-15 6827T
106-13-2 6828T
106-13-3 6829T
106-13-6 6830T
106-14-2 6831T
106-14-3 6832T
106-14-8 6833T
106-14-5 6834T
106-14-6 6835T
106-14-7 6836T
106-10-15 6837T
106-10-14 6838T
106-10-4 6839T
106-10-13 6840T
106-10-12 6841T
106-8-19 6842T
106-8-18 6843T
106-8-15 6845T
106-8-14 6846T
106-8-13 6847T
106-5-13 6848T
106-5-11 6849T
106-5-10 6850T
106-5-9 6851T
106-5-8 6852T
106-5-7 6853T
106-5-6 6854T
106-5-5 6855T
106-5-4 6856T
106-5-3 6857T
106-5-2 6858T
106-3-29 6859T
106-2-28 6860T
106-2-27 6861T
106-17-8 6889T
106-7-3 7309T
106-7-19 7310T
106-18-10 7726T
106-17-7 7729T
106-17-2 7730T
106-18-1 7731T
106-18-9 7732T
106-23-6 8466T
106-23-3 8467T
106-18-14 8635T
106-18-16 8657T
106-18-15 9355T
106-23-4 9356T
106-18-4 10687T
106-18-2 10688T
106-24-16 15421T
106-17-4 15423T
106-22-3 23054T
106-23-16 23094T
106-24-13 23098T
106-11-10 23261T
106-20-2 23262T
106-20-4 23263T
106-12-3 23265T

 

Location: Wha Ti (Whati)

File Document
114-SK-035 85 N/3-65-2
114-SK-037 85 N/3-66-2
114-SK-025 4790
114-SK-030 4791
114-SK-032 4792
114-SK-034 5008
114-SK-098 5172
114-92 5180
114-SK-085 85 N/3-108-2

 

Location: Rae Lakes (Gameti)

File Document
120-SK-015 5032
120-SK-050 5184

 

C. leases with the Northwest Territories Housing Corporation in respect of the following parcels:

Location: Rae (Behchoko)

File Lot Block LTO Plan
106-SK-179 23 8 2047
106-SK-180 5 12 2062
106-SK-181 8 13 2062
106-SK-182 9 13 2062
106-SK-176 2 21 2062
106-SK-183 8 19 2062
106-13-10 10 13 2062

 

D. lease with the Government of Canada in respect of the parcel in Rae Lakes (Gameti) shown on the sketch on file 86 C/3-6 with Land Administration, Department of Indian Affairs and Northern Development, Government of Canada, in Yellowknife.

PART 4 CONTAMINATED SITES (9.6.1, 9.6.2; 9.6.3)

Note: No contaminated sites identified as of the effective date.






Chapter 10 - Wildlife Harvesting Rights

10.1 WILDLIFE HARVESTING

10.1.1
Subject to any limitations prescribed by or in accordance with the Agreement, the Tlicho First Nation has

(a) the right to harvest all species of wildlife including, for greater certainty, bird eggs, throughout Monfwi Gogha De Niitlee at all times of the year; and

(b) the exclusive right to harvest wildlife that are furbearers on Tlicho lands or in a Tlicho community at all times of the year.

10.1.2
The right of the Tlicho First Nation under 10.1.1(a) is subject to any right under a land claims agreement of another Aboriginal people to harvest wildlife, that are furbearers, in a community other than a Tlicho community or on lands vested in that other Aboriginal people.

10.1.3
10.1.1(b) does not prevent a person, who has the consent of the Tlicho Government, from harvesting furbearers on Tlicho lands or in a Tlicho community.

10.1.4
Subject to legislation, persons who are not Tlicho Citizens may hunt, but not trap or, for greater certainty, snare, wolves and coyotes in a Tlicho community.

10.1.5
Subject to any agreement between the Tlicho First Nation and the Inuit of Nunavut, Tlicho Citizens have the right to harvest wildlife 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.

10.1.6
Nothing in this chapter shall be construed to

(a) confer rights of ownership of wildlife; or

(b) guarantee the supply of wildlife.

10.2 HARVESTING METHODS

10.2.1

Subject to any limitations prescribed by or in accordance with the Agreement, in exercising a right under 10.1.1, a Tlicho Citizen has the right to employ any methods of harvesting and, for that purpose, to possess and use any equipment.

10.3 TRADE AND GIFTS

10.3.1
A Tlicho Citizen has the right to trade with or give to other Tlicho Citizens for their own consumption, and members of an Aboriginal people of the Northwest Territories, Nunavut or Alberta for their own consumption, edible parts of wildlife harvested under 10.1.1 including, for greater certainty, bird eggs.

10.3.2
Subject to 15.6 and 16.3, a Tlicho Citizen has the right to make gifts to any persons, for their own consumption, of edible parts of wildlife harvested under 10.1.1.

10.3.3
Subject to 15.6 and 16.3, a Tlicho Citizen has the right to trade with or give to any persons, non-edible parts of wildlife harvested under 10.1.1 including, for greater certainty, down and other feathers.

10.4 POSSESSION AND TRANSPORTATION

10.4.1
A Tlicho Citizen has the right to possess and transport anywhere in Canada the edible and non-edible parts of wildlife harvested under 10.1.1 including, for greater certainty, bird eggs, down and other feathers, and is not required to obtain a licence from government to exercise this right but is subject to any identification requirements established by legislation or Tlicho laws.

10.5 RIGHT OF ACCESS

10.5.1
Subject to limitations which may be prescribed by or in accordance with the Agreement and, in relation to 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 on Tlicho lands, a Tlicho Citizen has the right of access to all lands in Monfwi Gogha De Niitlee for the purpose of harvesting wildlife under 10.1.1.

10.5.2
The right of access under 10.5.1 includes the right to

(a) establish and maintain hunting, trapping and fishing camps established primarily for use by Tlicho Citizens; and

(b) use plants and trees for purposes ancillary to wildlife harvesting under 10.1.1 except, in the case of trees, where the use of trees 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.

10.5.3
The right of access under 10.5.1 does not extend to

(a) lands that are dedicated to military or national security purposes under legislation or 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;

(b) an area of land not exceeding 10 hectares that is

(i) fenced or otherwise identified as an area within which access for harvesting is not permitted, and

(ii) held under a surface lease or in fee simple or subject to an agreement for sale or reserved by government in the name of any department or agency of government; or

(c) lands that have, since the effective date, been held under a surface lease or in fee simple or subject to an agreement for sale.

10.5.4
The exercise by a Tlicho Citizen of the right of access under 10.5.1 on lands owned in fee simple or subject to an agreement for sale or a surface lease, is subject to 10.5.5, to any restrictions agreed to or imposed under 10.6 and to the following conditions:

(a) the Tlicho Citizen shall not cause any significant damage to the lands, and shall be responsible for any such damage;

(b) the Tlicho Citizen shall not commit any mischief on the lands;

(c) the Tlicho Citizen shall not significantly interfere with the occupier's use and peaceable enjoyment of the lands; and

(d) the Tlicho Citizen shall not, without the consent of the owner or occupier, establish any permanent or seasonal camp or structure or cut or use any wood other than dead wood.

10.5.5
Unless otherwise provided for in an agreement with the owner or occupier or, in the case of Crown land, government, a Tlicho Citizen exercises the right of access under 10.5.1 at his or her own risk and has no right of action against the owner, occupier or government for loss suffered or damage arising therefrom, except where such loss or damage results from a danger negligently created by the owner, occupier or government, as the case may be.

10.5.6
The exercise of the right to harvest under 10.1.1 and the right of access under 10.5.1 in a community is subject to laws for purposes of safety.

10.6 CONFLICT BETWEEN AUTHORIZED USE OF LAND AND HARVESTING ACTIVITIES

10.6.1
If, in relation to land that is not Tlicho land and to which the right of access under 10.5.1 applies, a proponent believes that there may be a conflict between the use of the land by the proponent and the harvesting activities of Tlicho Citizens and that the right of access or the harvesting activities of Tlicho Citizens should be consequently restricted, the proponent shall discuss the conflict with the Tlicho Government and attempt to conclude an agreement with respect to the proponent's use of the land and the nature and extent of restrictions of the access right or of the harvesting activities that may be necessary to avoid the conflict.

10.6.2
The Tlicho Government or the proponent may refer a dispute as to a proposed restriction for resolution in accordance with chapter 6.

10.6.3
Subject to 10.6.4, if no reference for resolution of a dispute is made under 10.6.2, no agreement has been reached and the proponent has made adequate attempts to resolve the dispute in accordance with criteria set by rules established under 6.3.1(c), after giving the Tlicho Government 10-days notice, the proponent may impose a restriction proposed during the discussions conducted under 10.6.1.

10.6.4
If the Tlicho Government refers a dispute as to a proposed restriction for resolution in accordance with chapter 6,

(a) within the 10-day notice period, the proponent cannot impose the restriction unless and until the restriction is agreed to or confirmed in accordance with chapter 6; and

(b) after the 10-day notice period, any restriction imposed by the proponent under 10.6.3 remains in effect unless and until removed in accordance with chapter 6.

10.6.5
If a dispute as to a proposed restriction is referred for resolution in accordance with chapter 6 and an arbitrator is appointed under 6.5, the arbitrator shall determine whether there is a conflict between the use of land by the proponent and the harvesting activities of Tlicho Citizens, and if so, make an order confirming the nature, extent, duration and conditions of the restriction on the right of access under 10.5.1 or on the harvesting activities of Tlicho Citizens required to allow the proposed use. A restriction confirmed by an order of an arbitrator shall be effective from the date ordered by the arbitrator.

10.7 COMMERCIAL ACTIVITIES RELATING TO WILDLIFE

10.7.1
Government shall consult the Tlicho Government before authorizing the commercial harvesting of fish or other wildlife in Monfwi Gogha De Niitlee (NWT) if such harvesting has not been permitted during the three-year period preceding the proposal to permit the new harvesting, or before granting new or additional licenses for the commercial harvesting of fish or other wildlife in Monfwi Gogha De Niitlee (NWT).

10.7.2
No person may harvest wildlife for commercial purposes on Tlicho lands without the authorization of the Tlicho Government.

10.7.3
Where government authorizes the commercial harvesting of a species of wildlife in Monfwi Gogha De Niitlee (NWT), the Tlicho Government has the power to authorize the commercial harvesting of that species on Tlicho lands

10.7.4 The Tlicho Government shall have the exclusive right to be licensed to

(a) commercially harvest free roaming muskox or bison on Tlicho lands;

(b) provide guiding services and harvesting opportunities on Tlicho lands with respect to free-roaming muskox or bison; and

(c) conduct commercial activities, other than harvesting, with respect to species other than free-roaming muskox and bison, on Tlicho lands,

and to assign any rights under such licenses to others.

10.8 LEASE OF CROWN LAND TO TLICHO GOVERNMENT

10.8.1
Government shall, upon request and at reasonable rent, lease such lands in Wekeezhii to the Tlicho Government or its designate, as in the opinion of government are reasonably necessary to allow the exercise of the rights under any licences relating to wildlife held by that Government or its designate.

10.9 EMERGENCIES

10.9.1
Nothing in the Agreement prevents any person from killing wildlife for survival in an emergency or to defend or protect persons or property.