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.



Chapter 11 - Wildlife Harvesting Compensation

11.1 DEFINITIONS

11.1.1
The following definitions apply in this chapter.

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

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

11.2 GENERAL

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

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

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

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

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

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

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

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

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

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

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

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

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

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






Chapter 12 - Wildlife Harvesting Management

12.1 GENERAL

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

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

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

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

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

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

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

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

(b) apply the principles and practices of conservation;

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

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

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

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

12.2 STRUCTURE OF WEKWEETI RENEWABLE RESOURCES BOARD

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

12.2.2
Excluding the chairperson,

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

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

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

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

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

(a) wildlife in Wekeezhii, including its harvesting;

(b) wildlife habitat in Wekeezhii;

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

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

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

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

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

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

12.3 ADMINISTRATION

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

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

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

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

(b) the expenses of public hearings and meetings;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

12.4 POWERS OF WEKWEETI RENEWABLE RESOURCES BOARD

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

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

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

(c) forest management, as described in 13.4;

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

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

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

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

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

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

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

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

12.5 REVIEW OF PROPOSED WILDLIFE MANAGEMENT ACTIONS

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

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

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

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

12.5.5
The Wekeezhii Renewable Resources Board shall

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

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

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

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

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

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

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

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

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

(iii) the preparation of a wildlife management plan;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

12.6 TOTAL ALLOWABLE HARVEST LEVELS AND OTHER LIMITS

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

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

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

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

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

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

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

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

(b) with respect to non-commercial harvesting,

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

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

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

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

(b) with respect to non-commercial harvesting,

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

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

12.7 ALLOCATION OF TOTAL ALLOWABLE HARVEST LEVEL BY BOARD

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

(a) a sufficient portion

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) with respect to non-commercial harvesting,

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

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

12.8 ALLOCATION OF TOTAL ALLOWABLE HARVEST LEVEL BY GOVERNMENT

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

(a) a sufficient portion

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) with respect to non-commercial harvesting,

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

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

12.9 ALLOCATION BY TLICHO GOVERNMENT

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

12.10 COMMERCIAL ACTIVITIES RELATING TO WILDLIFE

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

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

(b) commercial propagation and husbandry of wildlife;

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

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

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

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

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

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

12.11 MANAGEMENT PLANS FOR MIGRATORY SPECIES

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

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

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

12.12 INTERNATIONAL AND DOMESTIC ARRANGEMENTS

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

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

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

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

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

12.13 GREAT SLAVE LAKE

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

12.14 HARMONIZATION OF LAWS

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

12.15 WILDLIFE MANAGEMENT UNDER FUTURE LAND CLAIMS AGREEMENTS

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

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

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

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

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

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






Chapter 13 - Trees and Forest Management

13.1 GENERAL

13.1.1
13.2 and 13.3 do not apply to Tlicho lands.

13.1.2
Nothing in this chapter shall be construed to

(a) confer rights of ownership of trees;

(b) guarantee the supply of trees;

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

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

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

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

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

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

(b) apply the principles and practices of conservation;

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

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

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

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

13.2 RIGHT TO HARVEST

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

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

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

(c) the making of handicrafts by Tlicho Citizens;

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

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

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

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

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

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

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

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

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

13.3 AUTHORIZATION OF COMMERCIAL HARVESTING

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

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

13.4 FOREST MANAGEMENT

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

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

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

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

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

(iii) provision for forest fire management activities.

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

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

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

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

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






Chapter 14 - Plants

14.1 GENERAL

14.1.1
14.2 and 14.3 do not apply to Tlicho lands.

14.1.2
Nothing in this chapter shall be construed to

(a) confer rights of ownership to plants;

(b) guarantee the supply of any plants;

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

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

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

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

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

(b) apply the principles and practices of conservation;

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

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

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

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

14.2 RIGHT TO HARVEST

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

(a) the making of handicrafts by Tlicho Citizens;

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

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

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

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

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

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

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

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

14.3 AUTHORIZATION OF COMMERCIAL HARVESTING

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

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

14.4 MANAGEMENT OF PLANTS

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

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

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

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

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

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

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

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

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

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

14.5 LEGISLATION

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






Chapter 15 - National Parks

15.1 GENERAL

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

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

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

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

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

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

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

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

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

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

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

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

15.2.3
A Tlicho impact and benefit plan shall

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

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

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

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

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

(a) the National Park Committee;

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

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

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

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

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

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

15.3 NATIONAL PARK COMMITTEE

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

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

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

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

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

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

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

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

(a) wildlife management;

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

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

(d) any proposed changes to park boundaries;

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

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

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

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

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

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

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

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

15.4 INTERIM MANAGEMENT GUIDELINES

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

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

15.5 PARK MANAGEMENT PLAN

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

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

15.6 WILDLIFE

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

(a) the other provisions of the Agreement;

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

(c) the principles of conservation; and

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

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

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

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

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

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

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

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

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

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

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

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

15.7 PLANTS AND TREES

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

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

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

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

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

15.8 ECONOMIC AND EMPLOYMENT PROVISIONS

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

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

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

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






Chapter 16 - Protected Areas

16.1 ESTABLISHMENT OR BOUNDARY CHANGES

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

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

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

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

16.2 TERRITORIAL PARK MANAGEMENT PLAN

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

16.3 HARVESTING RIGHTS

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

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

16.4 PROTECTED AREA AGREEMENT

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

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

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

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

(d) any management guidelines or management plan;

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

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

(g) the periodic review of the agreement; and

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

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

16.5 EMERGENCIES

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

16.6 ECONOMIC AND EMPLOYMENT PROVISIONS

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

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

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

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

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






Chapter 17 - Heritage resources

17.1 GENERAL

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

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

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

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

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

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

17.2 MANAGEMENT OF HERITAGE RESOURCES

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

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

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

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

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

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

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

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

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

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

17.2.7
Prior to issuing an archaeological permit, government shall,

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

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

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

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

(b) require consultation with the Tlicho Government;

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

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

17.3 ACCESS TO AND CARE OF TLICHO HERITAGE RESOURCES

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

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

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

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

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

17.3.4
At the request of the Tlicho Government, government shall

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

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

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

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

17.4 BURIAL SITES

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

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

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

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

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

17.5 PLACE NAMES

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

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

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

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

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

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

17.6 EZODZITI

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

17.6.2
Government shall not grant any interests in Ezodziti.

APPENDIX TO CHAPTER 17
DESCRIPTION OF EZODZITI (17.6.1)

Official Description

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

All geographic coordinates are expressed in degrees and minutes.

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

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

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

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

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

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

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

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

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

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

Illustrative Map

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 18 - Tlicho Lands

18.1 TLICHO TITLE

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

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

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

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

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

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

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

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

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

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

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

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

(a) government or a Tlicho community government; or

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

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

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

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

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

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

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

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

18.2 SPECIFIED SUBSTANCES

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

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

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

18.3 CONTAMINATED SITES

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

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

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

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

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

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

18.4 BOUNDARIES AND SURVEYS

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

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

18.4.3
During the survey conducted under 18.4.1,

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

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

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

(a) are not well defined;

(b) do not exist; or

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

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

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

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

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

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

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

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

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

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

18.5 REGISTRATION

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

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

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

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

18.6 ADMINISTRATION OF EXISTING RIGHTS AND INTERESTS

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

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

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

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

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

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

18.7 ROYALTIES AND NON-REFUNDED RENTS

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

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

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

18.8 SHARING OF EXCESS REVENUES FROM TLICHO MINERALS

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

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

Official Description

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

Illustrative Map

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

List of Excluded Parcels

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

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

"NTS" means National Topographic System.

"CLSR" means Canada Lands Surveys Records.

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

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

Certificates
of Title
Lot LTO
Plan
Tlicho
Mapsheet
Excluded
Parcel
NTS
Mapsheet
35152 1001 2378 58 15 85 N/9
35352 1000 2460 59 17 85-O/12
23537 72 381 67 12 85 N/8
35353 1001 2467 67 18 85 N/8
35354 1002 2467 67 19 85 N/8
46165 1006 2468 67 20 85 N/8
49824 1005 2476 67 21 85 N/8
35151 1001 2379 68 13 85-O/5
35150 1000 2379 68 14 85-O/5
20620 12 94 87 11 85 J/12

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

Lease Lot CLSR Plan Tlicho
Mapsheet
Excluded
Parcel
NTS
Mapsheet
3206 1000 69892 26 8 86 B/5
3472 1002 78298 26 8 86 B/5
3037 1000 67592 47 4 85 N/15
3072 1000 67779 78 6 85-O/4
3165 1002 69291 78 7 85-O/4
3671 1000 79618 79 5 85-O/3

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

Claims Tlicho Mapsheet Excluded NTS Mapsheet
F18965; F18966; F28905; F28906;
F50156; F50157; F50158;
57 3 85 N/10
F62482; F67697 67 1 85 N/8
F50124; F52741; F58976 67 2 85 N/8
77037; 77038; 77039; 77040;
77041; 77042; 77043; 77044;
77045; 77046; 77053; 77054;
77055; 77056; 77057; 77058;
77 9 85 N/1
F49075; F58261; F58262 79 5 85-O/3

D. Tlicho mapsheets:

Site Name Tlicho Mapsheet Excluded Parcel NTS Mapsheet
Rayrock Mine Site 66 16 85 N/7
Goldcrest Mine Site 39 22 86 B/3
Goldcrest Mine Site 40 22 86 B/2
Goldcrest Mine Site 50 22 85-O/14
Goldcrest Mine Site 51 22 85-O/15
Norris Lake Site 37 23 86 C/1
Norris Lake Site 38 23 86 B/4
Norris Lake Site 48 23 85 N/16
Norris Lake Site 49 23 85-O/13
Sun-Rose Claim 77 24 85 N/1
Horn Plateau /
Marian Lake Site
66 25 85 N/7
Beaverlodge Lake 10 26 86 D/9

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

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

"NTS" means National Topographic System.

"CLSR" means Canada Lands Surveys Records.

The existing interests are described in the following:

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

File Document
85J/7-16 85 J/7-16-2
85J/10-6 85 J/10-6-5
85 J/11-4 85 J/11-4-2
85 J/13-3 85 J/13-3-7
85 J/13-4 85 J/13-4-14
85K9 - 21 85 K/9-21-5
85 K/16-1 3050
85N/5-3 85 N/5-3-2
85N/8-6 85 N/8-6-4
85 N/8-10 85 N/8-10-2
85 N/14-2 85 N/14-2-2
85 N/15-1 85 N/15-1-3
86A/7-2 86 A/7-2-3
86A/14-1 86 A/14-1-2

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

Lease CLSR Plan NTS Mapsheet
3884 83820 85-O/3
3801 82688 86 B/5
3673 80286 85-O/4
3409 68444 86 B/12
3408 68915 86 B/12
3216 70020MC 86 B/3
3214 70018MC 86 B/3
3210 70638MC 86 B/3
3164 68914 86 B/12

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

Claim NTS Mapsheet
F15351 85-O/6; 85-O/7
F18103 85-O/14
F18822 85-O/14
F19148 85-O/14
F19151 85-O/14
F19152 85-O/14
F19153 85-O/14
F19154 85-O/14
F19155 85-O/14
F25538 86 B/3
F25539 86 B/3
F25542 85-O/14
F25543 85-O/14
F30004 86 B/1
F30011 86 A/6
F30012 86 A/5; 86 A/6
F30013 86 A/5
F30014 86 A/5
F30015 86 A/5
F30016 86 A/5
F30017 86 A/5
F30018 86 A/5
F30019 86 A/4; 86 A/5
F30020 86 A/4; 86 A/5
F30021 86 A/4; 86 A/5
F30022 86 A/4; 86 A/5
F30023 86 A/4; 86 A/5
F30024 86 A/4; 86 A/5
F30025 86 A/3; 86 A/4; 86 A/5; 86 A/6
F30026 86 A/3; 86 A/6
F30027 86 A/5
F30028 86 A/5
F30039 86 A/4; 86 A/5
F30040 86 A/4; 86 A/5
F30041 86 A/4; 86 A/5
F30042 86 A/4; 86 A/5
F30047 86 A/4
F30048 86 A/4
F30049 86 A/4
F30050 86 A/4
F30051 86 A/4
F30052 86 A/4
F30053 86 A/4
F30054 86 A/4
F30055 86 A/4
F30056 86 A/4
F30057 86 A/3; 86 A/4
F30058 86 A/3
F30060 86 A/3; 86 A/4
F30061 86 A/4
F30062 86 A/4
F30063 86 A/4
F30064 86 A/4
F30065 86 A/4
F30066 86 A/4
F30067 86 A/4
F30068 86 A/4
F30069 86 A/4
F30070 86 A/4
F30071 86 B/1
F30075 86 B/1
F30076 86 B/1
F30077 86 B/1
F30078 86 B/1
F30079 86 A/4
F30080 86 A/4
F30081 86 A/4
F30082 86 A/4
F30103 86 B/1
F30602 86 A/6
F30603 86 A/6
F30605 86 A/6
F30606 86 A/6
F30607 86 A/6
F30612 86 A/6
F30613 86 A/6
F30614 86 A/6
F30615 86 A/6
F30616 86 A/6
F31537 86 B/3
F35290 86 B/3
F36821 86 B/3
F36848 86 B/3
F36850 86 B/3
F36865 86 B/3
F37671 85-O/14
F38333 86 C/2
F38334 86 C/3
F39146 86 C/3
F39285 85-O/11
F39299 85-O/6
F39519 85 N/9
F39727 85 N/9
F39728 85-O/13
F39729 85 N/9
F39733 85-O/13
F39736 85-O/12
F41639 85-O/14
F41640 85-O/14
F41642 85-O/14
F42068 85 N/9
F42334 85-O/14
F42345 86 B/3
F42466 86 A/7
F42469 86 A/9; 86 A/10
F42471 86 A/8
F42754 85-O/14
F45704 86 B/3
F45705 86 B/3
F45706 86 B/3
F45707 86 B/3
F45712 86 B/3
F45713 86 B/3
F45725 86 B/3
F45726 86 B/3
F47363 85-O/8
F48984 85-O/6
F48998 85-O/6
F48999 85-O/6
F49000 85-O/6; 85-O/7
F49001 85-O/7
F49002 85-O/7
F49003 85-O/6; 85-O/7
F49004 85-O/6
F49005 85-O/6
F49006 85-O/6
F49007 85-O/6
F49081 85-O/11
F49101 85 N/10
F49154 85 N/10; 85 N/15
F49155 85 N/15
F49156 85 N/15
F49159 85 N/10
F49161 85 N/10
F49494 85 N/10; 85 N/11
F49495 85 N/10
F49496 85 N/10
F49497 85 N/10
F49499 85 N/10
F49500 85 N/10
F49503 85 N/10
F49504 85 N/10
F49508 85 N/7; 85 N/10
F49509 85 N/10; 85 N/15
F49511 85 N/7
F49625 85 N/10; 85 N/11
F50155 85 N/10
F50159 85 N/10
F50932 85-O/6; 85-O/7
F51391 85 N/10
F51392 85 N/10
F51393 85 N/10
F51395 85 N/7
F51396 85 N/7
F51397 85 N/7; 85 N/10
F52707 85-O/6
F52725 85-O/6
F53461 85-O/11
F53462 85-O/7
F53491 85-O/3
F53493 85-O/3
F53529 85-O/7
F53624 85 C/7
F54476 85-O/7
F55377 85-O/11; 85-O/14
F55380 85-O/12
F55381 85-O/14
F55382 85-O/14
F55383 85-O/11; 85-O/14
F55384 85-O/11
F55385 85-O/11
F58120 85-O/10
F58150 85 N/10
F58151 85 N/10
F58152 85 N/10
F58259 85 N/10
F59226 85 N/10
F59360 85 N/10
F59361 85 N/10
F59373 85 N/15
F59384 85 N/15
F59385 85 N/11; 85 N/14
F59433 86 A/7
F59435 86 A/7
F59436 86 A/7
F59437 86 A/7
F59438 86 A/7
F59439 86 A/7
F59440 86 A/7
F59441 86 A/7
F59442 86 A/7; 86 A/8
F59443 86 A/7; 86 A/8
F59444 86 A/7; 86 A/8
F59445 86 A/7; 86 A/8
F59446 86 A/8
F59447 86 A/8
F60051 86 B/3
F61751 85 N/15
F61756 85 N/15
F61757 85 N/15
F61758 85 N/15
F62399 85-O/6
F62403 85-O/6
F62408 85-O/7
F62409 85-O/7
F62410 85-O/7
F62424 85-O/7
F64641 85-O/7
F64642 85-O/7
F64643 85-O/7
F64644 85-O/7
F64645 85-O/7
F64646 85-O/7
F64647 85-O/7
F64648 85-O/7
F64649 85-O/7
F64650 85-O/7
F64651 85-O/7
F64652 85-O/7
F64653 85-O/7
F64654 85-O/7
F64655 85-O/7
F64660 85-O/7
F64661 85-O/7
F64662 85-O/7
F64663 85-O/7
F64664 85-O/7; 85-O/10
F64686 85-O/10
F64687 85-O/10
F64688 85-O/10
F64689 85-O/10
F64692 85-O/10
F64693 85-O/10
F64694 85-O/10
F64696 85-O/10
F64697 85-O/10
F64780 85-O/11
F64802 85-O/5; 85-O/12
F66503 85-O/7
F66504 85-O/7
F66505 85-O/7
F66506 85-O/7
F66509 85-O/7
F66697 85-O/7
F66698 85-O/7
F66699 85-O/7
F66799 85-O/7
F66800 85-O/7
F66868 85-O/7
F66869 85-O/7
F68725 85-O/7
F68726 85-O/7
F68764 85-O/7
F68765 85-O/6; 85-O/7
F68766 85-O/6
F68767 85-O/6
F68768 85-O/6
F68769 85-O/6
F68770 85-O/7
F68803 85-O/10
F68846 86 A/7
N89390 86 B/12
N89391 86 B/12

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

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

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

The interests that may be granted under 18.1.2 are:

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

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

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

PART 4 CONTAMINATED SITES (18.3.1; 18.3.2; 18.3.3)

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

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

Site Name Latitude Longitude
Matteberry/Indin/Little Martin 64° 16' 00"N 115° 47' 00"W
Marian/Mayleer Lake 63° 27' 00"N 116° 34' 00"W
Wijinnedi Lake 63° 52' 00"N 115° 15' 00"W

 






Chapter 19 - Access to Tlicho Lands

19.1 GENERAL

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) protect the environment,

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

(iii) conserve wildlife or wildlife habitat, or

(iv) protect Tlicho communities or camps; or

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

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

19.2 NON-COMMERCIAL ACCESS

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

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

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

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

(a) upon prior notice to the Tlicho Government;

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

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

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

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

19.3 EXISTING RIGHTS AND INTERESTS

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

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

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

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

19.4 COMMERCIAL ACCESS

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

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

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

(c) Tlicho lands that are waterfront lands.

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

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

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

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

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

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

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

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

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

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

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

19.5 GOVERNMENT ACCESS

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

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

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

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

(b) 0.1 hectare, for single beacons.

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

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

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

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

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

19.6 ACCESS TO CLEAN UP CONTAMINATED SITES

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

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

19.7 ACCESS TO CONSTRUCTION MATERIALS

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

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

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

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

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

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

19.8 ACCESS TO WINTER ROADS

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

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

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

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

 

Map of Winter Roads Rights of Way

 






Chapter 20 - Expropriation of Tlicho Lands

20.1 GENERAL PRINCIPLE

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

20.2 GENERAL

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

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

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

20.3 CONSENT

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

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

20.4 COMPENSATION

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

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

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

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

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

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

(c) part of a public road;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

20.5 PUBLIC ROADS

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

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

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

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

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






Chapter 21 - Water Rights and Management

21.1 GENERAL

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

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

21.2 TLICHO RIGHTS

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

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

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

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

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

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

21.3 RIGHTS OF GOVERNMENT AND OTHERS

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

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

(a) the protection of wildlife and wildlife habitat;

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

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

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

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

(a) rights of navigation and passage on water;

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

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

21.4 INTERJURISDICTIONAL AGREEMENTS

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

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

21.5 LICENSING

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

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

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

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

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

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

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

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

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

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

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

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

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






Chapter 22 - Land and Water Regulation

22.1 GENERAL

22.1.1
The following principles apply to this chapter:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

22.2 ENVIRONMENTAL IMPACT ASSESSMENT AND REVIEW PROCESS

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

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

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

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

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

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

22.2.7
Legislation may provide

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

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

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

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

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

(a) has not been exempted from assessment; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

22.2.18
Subject to 22.2.19, where

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

22.3 WEKEEZHII LAND AND WATER BOARD

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

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

22.3.3
Excluding the chairperson,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

22.4 LAND AND WATER BOARD FOR LARGER AREA

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

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

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

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

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

22.5 LAND USE PLANNING

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

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

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

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

22.6 LAND OR WATER MANAGEMENT UNDER FUTURE LAND CLAIMS AGREEMENT

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

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

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

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

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

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






Chapter 23 - Subsurface Resources

23.1 DEFINITIONS

23.1.1
The following definitions apply in this chapter.

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

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

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

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

23.2 CONSULTATION

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

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

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

23.2.2
The consultations conducted under 23.2.1 shall include

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

(b) impact on wildlife harvesting and mitigative measures;

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

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

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

(f) expansion or termination of activities;

(g) a process for future consultations; and

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

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

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

23.3 OIL AND GAS EXPLORATION RIGHTS

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

23.4 MAJOR MINING PROJECTS

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

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

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

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

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

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

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

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

(a) safety, health and hygiene;

(b) language of the workplace;

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

(d) implementation and enforceability.

23.5 DEVOLUTION OF MINERALS

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

23.6 LEGISLATION

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

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

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






Chapter 24 - Financial Payments

24.1 CAPITAL TRANSFER PAYMENTS

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

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

24.2 NEGOTIATION LOANS REPAYMENTS

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

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

24.3 LOANS AGAINST CAPITAL TRANSFER

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

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

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

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

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

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

APPENDIX TO CHAPTER 24

PART 1 CAPITAL TRANSFER PAYMENTS SCHEDULE (24.1.1)

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

Date Payment
Effective Date $ 1,266,738
First anniversary of effective date $ 2,533,476
Second anniversary of effective date $ 3,800,213
Third anniversary of effective date $ 5,066,951
Fourth anniversary of effective date $ 6,333,689
Fifth anniversary of effective date $ 7,600,427
Sixth anniversary of effective date $ 8,867,164
Seventh anniversary of effective date $10,133,902
Eighth anniversary of effective date $11,400,640
Ninth anniversary of effective date $12,667,378
Tenth anniversary of effective date $13,934,115
Eleventh anniversary of effective date $15,200,853
Twelfth anniversary of effective date $16,467,591
Thirteenth anniversary of effective date $17,734,329
Fourteenth anniversary of effective date $19,001,066
Total Payments $152,008,531

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

1. In these Instructions,

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

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

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

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

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

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

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

where "DR" is 5.075 percent,

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

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

PART 2 NEGOTIATION LOANS REPAYMENTS SCHEDULE (24.2.1; 24.3.4)

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

Date Repayment
Effective Date $ 1,266,738
First anniversary of effective date $ 2,533,476
Second anniversary of effective date $ 3,800,213
Third anniversary of effective date $ 5,066,951
Fourth anniversary of effective date $ 6,333,689
Fifth anniversary of effective date $ 7,600,427
Sixth anniversary of effective date $ 1,324,307
Total Payments $27,925,800

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

1. In these Instructions,

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

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

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

Dogrib Treaty 11 Council negotiation
loans

$ 14,939,927.52

 

Dene Nation negotiation loans
(portion being 20.858 percent)

$ 5,677,081.34


 

Métis Association negotiation loans
(portion being 20.858 percent)

$ 2,984,268.00


 

Total

$ 23,601,276.86

 

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

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

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

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






Chapter 25 - Mineral Royalties

25.1 SHARE OF MINERAL ROYALTIES

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

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

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

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

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

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

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

25.2 CONSULTATION

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

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






Chapter 26 - Economic Measures

26.1 PROGRAMS FOR ECONOMIC DEVELOPMENT

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

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

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

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

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

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

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

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

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

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

26.2 STRATEGIC ECONOMIC DEVELOPMENT INVESTMENT FUND

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

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

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

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

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

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

(b) training and education of Tlicho Citizens;

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

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

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

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

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

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

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

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

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

26.3 GOVERNMENT EMPLOYMENT AND CONTRACTS

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

(a) the Government of Canada shall follow its contracting procedures and approaches intended to maximize local, regional and Aboriginal employment and business opportunities, including the provision of opportunities for potential contractors to become familiar with bidding systems; and

(b) the Government of the Northwest Territories shall follow its preferential contracting policies, procedures and approaches intended to maximize local, regional and northern employment and business opportunities.

26.3.2
The Government of the Northwest Territories shall consult with the Tlicho Government when developing modifications to its preferential contracting policies, procedures and approaches.

26.3.3
When the Government of the Northwest Territories intends to carry out activities which give rise to employment and other economic opportunities and elects to enter into contracts with respect to those activities without going to public tender,

(a) where the activity will be on Tlicho lands, Tlicho entities or Citizens shall be given the first opportunity to negotiate such contracts, provided they satisfy all criteria, including any qualifications particular to the contract, and price; and

(b) where the activity will be in a Tlicho community, the Government of the Northwest Territories shall consult with the Tlicho community government to determine the most suitable corporation, business or person to achieve the financial, affirmative action, training and economic objectives of the activity.

26.3.4
If there is no suitable corporation, business or person to achieve the financial, affirmative action, training and economic objectives of the activity referred to in 26.3.3(b), the Government of the Northwest Territories will proceed to another process such as a public tender call, a request for proposals or an invitational tender.

26.3.5
In 26.3.3, "Tlicho entity" means an entity which complies with the legal requirements to carry on business in the Northwest Territories and which is

(a) a corporation with more than 50 percent of the corporation's voting shares beneficially owned by Tlicho Citizens or the Tlicho Government;

(b) a co-operative controlled by Tlicho Citizens or the Tlicho Government;

(c) a sole proprietorship operated by a Tlicho Citizen; or

(d) a partnership in which at least 50 percent of the partners are Tlicho Citizens or the Tlicho Government.

26.4 GENERAL

26.4.1
It is intended that this chapter be implemented through programs and policies which are in place from time to time without imposing any additional financial obligation on government.






Chapter 27 - Taxation

27.1 DEFINITIONS

27.1.1
The following definitions apply in this chapter.

"designated improvement" means, in relation to Tlicho lands and Tlicho community lands,

(a) a residence of a Tlicho Citizen;

(b) an improvement, all or substantially all of which is used for a public purpose or a purpose ancillary or incidental to the public purpose including, but not limited to,

(i) a public governance or administration building, public meeting building, public hall, public school or other public educational institution, teacher's residence, public library, public health facility, public care facility, public seniors home, public museum, place of public worship, manse, fire hall, police facility, court, correction facility, public recreation facility, public park or an improvement used for Tlicho cultural or spiritual purposes, or

(ii) a work of public convenience constructed or operated for the benefit of the Tlicho Government, a Tlicho community government, occupiers of Tlicho lands or Tlicho community lands or persons visiting or in transit through Tlicho lands or Tlicho community lands, including a public utility work, a public work used to treat or deliver water or as part of a public sewer system, a public road, a public bridge, a public drainage ditch, traffic signals, street lights, a public sidewalk, and a public parking lot; and

(c) an improvement that is used primarily for the management, protection or enhancement of a natural resource, other than an improvement that is used primarily in harvesting or processing a natural resource for profit.

"federal Income Tax Act" means the Income Tax Act, R.S. 1985 (5th supp), c. 1.

"Income Tax Act" means the federal Income Tax Act and the territorial Income Tax Act, R.S.N.W.T. 1988, c.I-1.

"Tlicho capital" means

(a) the capital transfer payments made under 24.1.1;

(b) any money loaned under 24.3;

(c) payments made under 25.1.1 up to an aggregate maximum of $4.172 million;

(d) payments made under the first financing agreement referred to in 7.11 which are paid on the effective date;

(e) the payment made under 26.2;

(f) the payment made under 9.7.1; and

(g) all other cash, assets and liabilities transferred to, or recognized as owned by, the Tlicho Government under the Agreement.

27.1.2
In the definition of "designated improvement" in 27.1.1, "public" does not include the provision of property or services primarily for the purpose of profit.

27.1.3
Subject to 27.1.2, in the definition of "designated improvement" in 27.1.1, "public" includes a purpose related solely to the Tlicho First Nation or the Tlicho Government.

27.2 LEGISLATION

27.2.1
Nothing in the Agreement or in the settlement legislation, except any provision giving effect to the taxation agreement referred to in 27.5.1, limits any entitlement of the Tlicho Government to any taxation benefit available to it under any other legislation.

27.3 TLICHO LANDS AND TLICHO CAPITAL

27.3.1
No tax or other similar charge is payable by the Tlicho Government in relation to

(a) the recognition of ownership of Tlicho lands by the Tlicho Government under 18.1.1 or the acquisition by it of lands that, upon acquisition, become Tlicho lands; or

(b) the receipt by the Tlicho Government of Tlicho capital.

27.3.2
No tax or other similar charge is payable by the Tlicho Government in respect of its interest in Tlicho lands on which there is no improvement or on which there is no improvement other than a designated improvement.

27.3.3
27.3.2 does not affect the taxation of a person, other than the Tlicho Government, in respect of an interest in Tlicho lands.

27.3.4
No capital gains tax applies in respect of compensation received by the Tlicho Government for Tlicho lands expropriated in accordance with chapter 20 or conveyed under 18.1.9(b).

27.3.5
For the purpose of the Income Tax Act, Tlicho land will be deemed to have been acquired by the Tlicho Government on the date the land became Tlicho land, at a cost equal to its fair market value on that date.

27.4 TLICHO COMMUNITY LANDS AND OTHER ASSETS

27.4.1
No tax or other similar charge is payable by a Tlicho community government in relation to the transfer or recognition of ownership of all land, cash, other assets or liabilities transferred to, or recognized as owned by, a Tlicho community government under the Agreement.

27.4.2
No tax or other similar charge is payable by the Tlicho community government in respect of its interest in Tlicho community lands on which there is no improvement or on which there is no improvement other than a designated improvement.

27.4.3
27.4.2 does not affect the taxation of a person, other than the Tlicho community government, in respect of an interest in Tlicho community lands.

27.4.4
No capital gains tax applies in respect of compensation received by the Tlicho community government for Tlicho community lands expropriated in accordance with 9.3.

27.4.5
For the purpose of the Income Tax Act, Tlicho community lands will be deemed to have been acquired by the Tlicho community government on the date the land became Tlicho community lands, at a cost equal to its fair market value on that date.

27.5 TAXATION AGREEMENTS

27.5.1
On or before the approval of the Agreement under 4.2.1(a), government and the Dogrib Treaty 11 Council shall sign an agreement in relation to the tax treatment of the Tlicho Government, Tlicho corporations and Tlicho capital trusts. The settlement legislation shall include provisions giving effect to this taxation agreement.

27.5.2
From time to time, at the request of the Tlicho Government, government may enter into negotiations and attempt to conclude a taxation agreement with the Tlicho Government in relation to the following matters:

(a) the manner in which taxation by the Tlicho Government will be coordinated with existing federal and territorial tax systems; and

(b) the extent to which the Tlicho Government may enact laws for the direct taxation of persons on Tlicho lands or in Tlicho communities who are not Tlicho Citizens.

27.5.3
It is an objective that, in negotiating a taxation agreement referred to in 27.5.2, the Parties be guided by their commitment to an effective central government in the Northwest Territories with the ability

(a) to continue to deliver its programs and services to all residents of the Northwest Territories; and

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

27.5.4
A taxation agreement referred to in 27.5.1 or 27.5.2 does not form part of the Agreement.

27.6 AGREEMENTS FOR EQUIVALENT BENEFITS

27.6.1
Where government provides, in legislation or in or under a land claims agreement or a self-government agreement, tax powers or exemptions to another Aboriginal group in the Northwest Territories that are of greater benefit to that group than those provided to the Tlicho First Nation or the Tlicho Government by this chapter or by chapter 7 or by a taxation agreement referred to in 27.5, government, at the request of the Tlicho Government, will negotiate and make best efforts to reach an agreement with the Tlicho Government to provide equivalent benefits for the Tlicho First Nation, taking into account the particular circumstances of the other Aboriginal group.






Signature Page for Tlicho Agreement

Signature page for Tlicho Agreement

Tlicho Agreement signed on August 25, 2003
at Rae-Edzo (behchoko), Northwest Territoires, by

FOR THE TLICHO

 

__________________________
Grand Chief
Dogrib Treaty 11 Council

__________________________
Chief
Dog Rib Rae Band

__________________________
Chief
Wha Ti First Nation

__________________________
Chief
Gameti First Nation Band

__________________________
Chief
Dechi Laot'i First Nation Band

 

FOR THE GOVERNMENT OF THE NORTHWEST TERRITORIES

 

__________________________
Minister of Aboriginal Affairs

 

FOR THE GOVERNMENT OF CANADA

__________________________
Minister of Indien Affairs and Northern Development