Vuntut Gwitchin First Nation Final Agreement

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AGREEMENT made this _______ day of _______________________, 1993.

AMONG:

Her Majesty the Queen in Right of Canada as represented by the Prime Minister (hereinafter referred to as "Canada");

AND

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

AND

The Vuntut Gwitchin First Nation as represented by the Chief of the Vuntut Gwitchin First Nation (hereinafter referred to as the "Vuntut Gwitchin First Nation") being the parties to this Vuntut Gwitchin First Nation Final Agreement (hereinafter referred to as "this Agreement").

WHEREAS:

The Vuntut Gwitchin First Nation asserts aboriginal rights, titles and interests with respect to its Traditional Territory;

the Vuntut Gwitchin First Nation wishes to retain, subject to this Agreement, the aboriginal rights, titles and interests it asserts with respect to its Settlement Land; the parties to this Agreement wish to recognize and protect a way of life that is based on an economic and spiritual relationship between Vuntut Gwitchin and the land;

the parties to this Agreement wish to encourage and protect the cultural distinctiveness and social well-being of Vuntut Gwitchin;

the parties to this Agreement recognize the significant contributions of Vuntut Gwitchin and the Vuntut Gwitchin First Nation to the history and culture of the Yukon and Canada;

the parties to this Agreement wish to enhance the ability of Vuntut Gwitchin to participate fully in all aspects of the economy of the Yukon; the Constitution Act, 1982, recognizes and affirms the existing aboriginal rights and treaty rights of the aboriginal peoples of Canada, and treaty rights include rights acquired by way of land claims agreements;

the parties to this Agreement wish to achieve certainty with respect to the ownership and use of lands and other resources of the Vuntut Gwitchin First Nation Traditional Territory;

the parties wish to achieve certainty with respect to their relationships to each other;

the Vuntut Gwitchin First Nation, Canada and the Yukon have authorized their representatives to sign this land claims agreement;

NOW THEREFORE,

in consideration of the terms, exchanges of promises, conditions and provisos contained herein, the parties to this Agreement agree to the following.

Signed at __________, Yukon, the ___ day of _____________, 1993.

 

 

__________________________
Robert Bruce, Jr.
Chief
Vuntut Gwitchin First Nation



________________________
Witness



__________________________
The Right Honourable
Brian Mulroney
Prime Minister of Canada



________________________
Witness



__________________________
John Ostashek
Government Leader of the Yukon



_________________________ Witness

 

AGREEMENT made this _______ day of _______________________, 1993.

AMONG:

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

AND

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

AND

The Vuntut Gwitchin First Nation as represented by the Chief of the Vuntut Gwitchin First Nation (hereinafter referred to as "the Vuntut Gwitchin First Nation")

being the parties to this Vuntut Gwitchin First Nation Final Agreement (hereinafter referred to as "this Agreement").

WHEREAS:

The Vuntut Gwitchin First Nation asserts aboriginal rights, titles and interests with respect to its Traditional Territory;

the Vuntut Gwitchin First Nation wishes to retain, subject to this Agreement, the aboriginal rights, titles and interests it asserts with respect to its Settlement Land;

the parties to this Agreement wish to recognize and protect a way of life that is based on an economic and spiritual relationship between Vuntut Gwitchin and the land;

the parties to this Agreement wish to encourage and protect the cultural distinctiveness and social well-being of Vuntut Gwitchin;

the parties to this Agreement recognize the significant contributions of Vuntut Gwitchin and the Vuntut Gwitchin First Nation to the history and culture of the Yukon and Canada;

the parties to this Agreement wish to enhance the ability of Vuntut Gwitchin to participate fully in all aspects of the economy of the Yukon;

the Constitution Act, 1982, recognizes and affirms the existing aboriginal rights and treaty rights of the aboriginal peoples of Canada, and treaty rights include rights acquired by way of land claims agreements;

the parties to this Agreement wish to achieve certainty with respect to the ownership and use of lands and other resources of the Vuntut Gwitchin First Nation Traditional Territory;

the parties wish to achieve certainty with respect to their relationships to each other;

the Vuntut Gwitchin First Nation, Canada and the Yukon have authorized their representatives to sign this land claims agreement;

NOW THEREFORE,

in consideration of the terms, exchanges of promises, conditions and provisos contained herein, the parties to this Agreement agree to the following.

This Vuntut Gwitchin First Nation Final Agreement has been initialled by the negotiators for the Vuntut Gwitchin First Nation, the Government of Canada and the Government of the Yukon, signifying their intent to recommend the Vuntut Gwitchin First Nation Final Agreement for ratification in accordance with Chapter 2 - General Provisions.

Dated ________________________________, 1992.

 

_________________________
Dave Joe
Negotiator
Vuntut Gwitchin First
Nation



_________________________
Mike Whittington
Negotiator
Government of Canada



_________________________
Shakir Alwarid
Negotiator
Government of the Yukon

This Vuntut Gwitchin First Nation Final Agreement has been initialled by the negotiators for the Vuntut Gwitchin First Nation, the Government of Canada and the Government of the Yukon, signifying their intent to recommend the Vuntut Gwitchin First Nation Final Agreement for ratification in accordance with Chapter 2 - General Provisions.

Dated ________________________________, 1992.



_________________________
Stanley Njootli
Negotiator
Vuntut Gwitchin First
Nation



_________________________
Mike Whittington
Negotiator
Government of Canada

_________________________
Shakir Alwarid
Negotiator
Government of the Yukon






Chapter 1 - Definitions

In the Umbrella Final Agreement, the following definitions shall apply unless otherwise provided in a particular chapter.

"Act" includes ordinance.

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

"Category A Settlement Land" means land which has been identified pursuant to 5.3.1, declared pursuant to 5.12.1.1, or designated pursuant to 7.5.2.8 (a) to be Category A Settlement Land and which has not ceased to be Settlement Land in accordance with 5.11.0.

"Category B Settlement Land" means land which has been identified pursuant to 5.3.1, declared pursuant to 5.12.1.2, or designated pursuant to 7.5.2.8 (b) to be Category B Settlement Land and which has not ceased to be Settlement Land in accordance with 5.11.0.

Specific Provision

"Chief and Council" has the same meaning as in the Vuntut Gwitchin First Nation Constitution.

"Community Boundary" means:

(a) for a municipality or hamlet designated under the Municipal Act, R.S.Y. 1986, c. 119, the boundary as set out in that Act; and

(b) for a community not so designated, until such time as the community is designated a municipality or hamlet pursuant to the Municipal Act, R.S.Y. 1986, c. 119, the boundary as set out in the Yukon First Nation Final Agreement of that Yukon First Nation in whose Traditional Territory the community is located.

"Conservation" means the management of Fish and Wildlife populations and habitats and the regulation of users to ensure the quality, diversity and Long Term Optimum Productivity of Fish and Wildlife populations, with the primary goal of ensuring a sustainable harvest and its proper utilization.

"Construction Materials" includes rock, gravel, sand, marl, clay, earth, silt, pumice, volcanic ash, and materials derived therefrom or occurring as a constituent part thereof used in the construction and maintenance of public roads and other public works.

"Consult" or "Consultation" means to provide:

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

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

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

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

"Crown Land" means land vested from time to time in Her Majesty in Right of Canada, whether the administration and control thereof is appropriated to the Commissioner of the Yukon or not, but does not include Settlement Land.

"Decision Body" means the Government, a Yukon First Nation or both as determined by applying the same test set out in 12.13.0 for determination of the requirement to issue a Decision Document.

"Decision Document" means the document issued by the Decision Body pursuant to 12.6.3 or 12.12.1.

"Designated Heritage Site" means a Heritage Site designated as such pursuant to Laws of General Application.

"Developed Settlement Land" means any Parcel of Settlement Land designated as Developed Settlement Land in a Yukon First Nation Final Agreement or pursuant to 6.1.8 or 7.5.2.9.

"Documentary Heritage Resources" means Public Records or Non-Public Records, regardless of physical form or characteristics, that are of heritage significance, including correspondence, memoranda, books, plans, maps, drawings, diagrams, pictorial or graphic works, photographs, films, microforms, sound recordings, videotapes, machinereadable records, and any copy thereof.

"Effective Date" means the date on which a Yukon First Nation's Final Agreement takes effect.

"Encumbering Right" means every licence, permit or other right, and every right, title or interest described in 5.4.2.

"Existing Mineral Right" means a Mineral Right, other than a right to locate a claim or an unrecorded right to explore for Minerals other than Petroleum, existing at the date the affected land became Settlement Land and includes any renewal or replacement of such a Mineral Right or a new right described in 5.4.2.4.

"Exotic Species" means a vertebrate animal of any species or sub-species that is not indigenous to the Yukon.

"Fee Simple Settlement Land" means land which has been identified pursuant to 5.3.1, declared pursuant to 5.12.1.3, or designated pursuant to 7.5.2.8 (b) to be Fee Simple Settlement Land and which has not ceased to be Settlement Land in accordance with 5.11.0.

"Fish" includes:

(a) portions of fish;

(b) shellfish, crustaceans, marine animals, marine plants and portions thereof;

(c) the eggs, spawn, larvae, spat and juvenile stages of fish, shellfish, crustaceans and marine animals; and

(d) such fish products and by-products as are prescribed pursuant to section 34 of the Fisheries Act, R.S.C. 1985, c. F-14.

"Flooding Right" means the right to expropriate, provided by Laws of General Application and the Umbrella Final Agreement, for constructing, maintaining and operating a hydro-electric or water storage facility.

"Freshwater Fish" means all Fish found in the Yukon other than Salmon, but does not include Exotic Species or Transplanted Population, unless otherwise agreed by the parties to a Yukon First Nation Final Agreement.

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

"Government" means Canada or the Yukon, or both, depending upon which government or governments have responsibility, from time to time, for the matter in question.

Specific Provision

"Gwich'in Transboundary Agreement" means Appendix C to the Gwich'in Final Agreement.

"Gwich'in Tribal Council has the same meaning as in the Gwich'in Transboundary Agreement.

"Harvesting" means gathering, hunting, trapping or fishing in accordance with a Settlement Agreement.

"Heritage Resources" includes Moveable Heritage Resources, Heritage Sites and Documentary Heritage Resources.

"Heritage Site" means an area of land which contains Moveable Heritage Resources, or which is of value for aesthetic or cultural reasons.

"Land Set Aside" means land in the Yukon reserved or set aside by notation in the property records of the Northern Affairs Program, Department of Indian Affairs and Northern Development, for the use of the Indian and Inuit Program for Yukon Indian People.

"Law" includes common law.

"Laws of General Application" means laws of general application as defined by common law.

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

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

"Local Government Services" means those services generally supplied by local government, including but not limited to recreational facilities, water, sewage, waste disposal, and road maintenance.

"Long Term Optimum Productivity" means the productivity required to ensure the long term continuation of a species or population while providing for the needs of Yukon Indian People and other harvesters and non-consumptive users of Fish and Wildlife in the short term.

"Major Highway" means a highway listed in Schedule A of Chapter 15 - Definitions of Boundaries and Measurement of Areas of Settlement Land.

"Migratory Game Birds" has the same meaning as in the Migratory Birds Convention Act, R.S.C. 1985, c. M-7.

"Mineral Right" means any licence, permit or other right to explore for, locate, develop, produce or transport any Minerals other than Specified Substances and to enter on land for those purposes.

"Minerals" means precious and base metals and other non-living, naturally occurring substances, whether solid, liquid or gaseous, and includes coal, Petroleum and Specified Substances.

"Mines" means mines, opened and unopened.

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

"Moveable Heritage Resources" means moveable non-documentary works or assemblies of works of people or of nature that are of scientific or cultural value for their archaeological, palaeontological, ethnological, prehistoric, historic or aesthetic features, including moveable structures and objects.

"National Park" means land described in the schedules to the National Parks Act, R.S.C. 1985, c. N-14 within the Yukon.

"Natural Boundary" means a boundary, at any instant, corresponding to the position of a designated natural feature as it exists at that instant and the boundary position changes with the natural movements of the feature, so long as those movements are gradual and imperceptible from moment to moment.

"Navigable Water" means a stream, river, lake, sea or other body of water, used or capable of being used by the public for navigation by boats, kayaks, canoes, rafts or other small craft, or log booms on a continuous or seasonal basis, and includes any parts thereof interrupted by occasional natural obstructions or bypassed by portages.

"New Mineral Right" means any Mineral Right other than an Existing Mineral Right.

"Non-Settlement Land" means all land and water in the Yukon other than Settlement Land and includes Mines and Minerals in Category B Settlement Land and Fee Simple Settlement Land, other than Specified Substances.

"Oil" means crude oil, regardless of gravity, produced at a well head in liquid form, and any other hydrocarbons except coal and Gas and, without limiting the generality of the foregoing, includes hydrocarbons that may be extracted or recovered from deposits of oil sand, bituminous sand, oil shale or from any other type of deposits on the surface or subsurface.

"Parcel" means any particular portion of Settlement Land.

"Person" means any natural person or artificial entity capable of having rights or obligations and includes Government.

"Petroleum" means Oil or Gas.

Specific Provision

"Primary Use Area" has the same meaning as in the Gwich'in Transboundary Agreement.

"Property Taxes" means all municipal tax and tax on real property but, for greater certainty, does not include income tax, tax on goods and services, sales tax, or tax on transfer of real property.

"Proposed Site Specific Settlement Land" means a parcel of land identified by the notation "S" and a number on maps appended to each Yukon First Nation Final Agreement.

"Public Access for Wildlife Harvesting" means a public right of access set out in 16.12.3.

"Quarry" means a pit, excavation, or other place made by any means for the purpose of removing Construction Materials or a site identified for such purposes, and includes works, machinery, plants, and buildings below or above ground belonging to or used in connection with a Quarry.

"Regulation" includes a regulation or any instrument made in the execution of a power or authority conferred by an Act.

"Reserve" means a Reserve as defined in the Indian Act, R.S.C. 1985, c. I-5.

"Right to Work" includes the right to enter on, use and occupy the land or as much thereof and to such extent as may be necessary for the purpose of the working and extraction of Minerals.

"Road" means a territorial highway designated in section 8(2) of the Highways Regulations O.I.C 1979/79 as amended by O.I.C. 1987/100 and having a prescribed right-of-way width not exceeding 60 metres.

"Salmon" means Pacific Salmon of the species Oncorhynchus nerka including sockeye; Oncorhynchus kisutch including coho; Oncorhynchus gorbuscha including pink; Oncorhynchus keta including chum; and Oncorhynchus tshawytcha including chinook; anadromous whitefish and cisco (Coregonidae spp.); and anadromous Arctic char (Salvelinus alpinus).

Specific Provision

"Secondary Use Area" has the same meaning as in the Gwich'in Transboundary Agreement.

"Settlement Agreement" means a Yukon First Nation Final Agreement or a Transboundary Agreement.

"Settlement Corporation" means a corporation as referred to in 20.4.2.

"Settlement Land" means Category A Settlement Land, Category B Settlement Land or Fee Simple Settlement Land.

"Settlement Legislation" means the Act of Parliament and the Act of the Yukon Legislative Assembly described in 2.4.2.

"Site Specific Settlement Land" means a Parcel of Proposed Site Specific Settlement Land which is described as Site Specific Settlement Land in a plan of survey confirmed in accordance with Chapter 15 - Definition of Boundaries and Measurement of Areas of Settlement Land.

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

"Specified Substances Right" means the right of a Yukon First Nation to take and use, without payment of any royalty, a Specified Substance.

"Surface Rights Board" means the Board established pursuant to 8.1.1.

"Sustainable Development" means beneficial socio-economic change that does not undermine the ecological and social systems upon which communities and societies are dependent.

Specific Provision

"Tetlit Gwich'in" means the collectivity of all Tetlit Gwich'in Persons and, where the context requires, designated Tetlit Gwich'in organizations.

"Tetlit Gwich'in Person" means a Gwich'in who:

(a) resides in the Peel River watershed, including in the community of Fort McPherson, Northwest Territories; or

(b) is descended from an aboriginal person who used or occupied the Peel River watershed on or before December 31, 1921.

"Traditional Territory" means, subject to a Yukon First Nation Final Agreement, with respect to each Yukon First Nation and each Yukon Indian Person enrolled in that Yukon First Nation's Final Agreement, the geographic area within the Yukon identified as that Yukon First Nation's Traditional Territory on the map referred to in 2.9.0.

"Transboundary Agreement" means a land claims agreement with respect to:

(a) any aboriginal claims in a Yukon First Nation's Traditional Territory by the Kaska Dena Council, Tahltan Tribal Council or Taku River Tlingits of British Columbia and the Dene/Metis of the Northwest Territories; and

(b)any aboriginal claims in the Northwest Territories or British Columbia by Yukon Indian People.

"Transplanted Population" means, except as otherwise agreed by the parties to a Yukon First Nation Final Agreement, a population of Freshwater Fish or Wildlife that is intentionally introduced by Government or by an entity other than a Yukon First Nation, anywhere in the Yukon as part of a Freshwater Fish or Wildlife management program.

"Undeveloped Settlement Land" means all Settlement Land not designated Developed Settlement Land and any Settlement Land designated as Undeveloped Settlement Land pursuant to 6.1.8 or 7.5.2.9.

Specific Provision

"Vuntut Gwitchin" means a person, or persons, enrolled under this Agreement in accordance with the criteria established in Chapter 3 - Eligibility and Enrollment. "Vuntut Gwitchin Firm" means an entity which complies with the legal requirements to carry on business in the Yukon and which is either:

(a) a corporation with more than 50 percent of the corporation's voting shares beneficially owned by Vuntut Gwitchin or the Vuntut Gwitchin First Nation;

(b) a co-operative controlled by Vuntut Gwitchin or the Vuntut Gwitchin First Nation;

(c) a sole proprietorship operated by a Vuntut Gwitchin;

(d) a partnership in which at least 50 percent of the partners are Vuntut Gwitchin or the Vuntut Gwitchin First Nation; or

(e) any other legal entity more than 50 percent owned or controlled by the Vuntut Gwitchin First Nation or Vuntut Gwitchin.

"Vuntut Gwitchin First Nation Constitution" has the same meaning as "Constitution" in the self-government agreement for the Vuntut Gwitchin First Nation.

"Waterfront Right-of-Way" means the public right-of-way along Navigable Water described in 5.15.0.

"Wildlife" means a vertebrate animal of any species or sub-species that is wild in the Yukon, but does not include Fish, and does not include Exotic Species or Transplanted Population, unless otherwise agreed by the parties to a Yukon First Nation Final Agreement.

"Yukon First Nation" means one of the following:

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

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

"Yukon First Nation Burial Site" means a place outside a recognized cemetery where the remains of a cultural ancestor of a Yukon Indian Person have been interred, cremated or otherwise placed.

"Yukon First Nation Final Agreement" means a land claims agreement for a Yukon First Nation that includes provisions specific to that Yukon First Nation and incorporates the provisions of the Umbrella Final Agreement.

"Yukon Indian People" means more than one Yukon Indian Person.

"Yukon Indian Person" means a person enrolled under one of the Yukon First Nation Final Agreements in accordance with criteria established in Chapter 3 - Eligibility and Enrollment.






Chapter 2 - General Provisions

2.1.0 The Umbrella Final Agreement

2.1.1
Ratification of the Umbrella Final Agreement by the Yukon First Nations, through the Council for Yukon Indians, and by Canada and the Yukon signifies their mutual intention to negotiate Yukon First Nation Final Agreements in accordance with the Umbrella Final Agreement.

Specific Provision

2.1.1.1
This Agreement is the Yukon First Nation Final Agreement for the Vuntut Gwitchin First Nation, concluded in accordance with 2.1.1.

2.1.2
The Umbrella Final Agreement does not create or affect any legal rights.

2.1.3
A Yukon First Nation Final Agreement shall include the provisions of the Umbrella Final Agreement and the specific provisions applicable to that Yukon First Nation.

2.2.0 Settlement Agreements

2.2.1
Settlement Agreements shall be land claims agreements within the meaning of section 35 of the Constitution Act, 1982.

2.2.2
Nothing in a Yukon First Nation Final Agreement shall affect any aboriginal claim, right, title or interest of a Yukon First Nation claimed in British Columbia or the Northwest Territories.

2.2.3
Settlement Agreements shall not affect the identity of aboriginal people of the Yukon as aboriginal people of Canada.

2.2.4
Subject to 2.5.0, 5.9.0, 5.10.1 and 25.2.0, Settlement Agreements shall not affect the ability of aboriginal people of the Yukon to exercise, or benefit from, any existing or future constitutional rights for aboriginal people that may be applicable to them.

2.2.5
Settlement Agreements shall not affect the rights of Yukon Indian People as Canadian citizens and their entitlement to all of the rights, benefits and protection of other citizens applicable from time to time.

2.2.6
Nothing in Settlement Agreements shall affect the ability of Yukon First Nations or Yukon Indian People to participate in and benefit from, Government programs for status Indians, non-status Indians or native people, as the case may be. Benefits under such programs shall be determined by the general criteria for such programs established from time to time. Programs which apply to Yukon Indian People residing on a Reserve or on Land Set Aside shall not cease only by reason of the fact the land becomes Settlement Land pursuant to a Yukon First Nation Final Agreement.

2.2.7
Except as provided in Chapter 4 - Reserves and Lands Set Aside and Chapter 20 - Taxation, nothing in Settlement Agreements shall affect any rights or benefits Yukon First Nations or Yukon Indian People may have or be entitled to under the Indian Act, R.S.C. 1985, c. I-5.

2.2.8
The parties to the Umbrella Final Agreement shall negotiate the processes for ratification of the Umbrella Final Agreement and the ratification of those processes shall be sought at the same time as ratification of the Umbrella Final Agreement.

2.2.9
Each Yukon First Nation and Government shall negotiate the processes for ratification of that Yukon First Nation's Final Agreement and the ratification of those processes shall be sought prior to or at the same time as ratification of the Yukon First Nation Final Agreement.

Specific Provision

2.2.9.1
The process for ratification of this Agreement is set out in Schedule A - Ratification of the Vuntut Gwitchin First Nation Final Agreement, attached to this chapter.

 

2.2.10
The parties to a Transboundary Agreement shall negotiate the processes for ratification of that Transboundary Agreement and the ratification of those processes shall be sought prior to or at the same time as ratification of the Transboundary Agreement.

2.2.11
The enactment of Settlement Legislation shall be a condition precedent to the validity of Settlement Agreements which are ratified at the same time the Umbrella Final Agreement is ratified.

2.2.12
The passing of an order-in-council shall be a condition precedent to the validity of Yukon First Nation Final Agreements which are ratified subsequent to those Settlement Agreements referred to in 2.2.11.

2.2.13
Except as provided in Transboundary Agreements, nothing in Settlement Agreements shall be construed to affect, recognize or provide any rights under section 35 of the Constitution Act, 1982 for any aboriginal peoples other than Yukon Indian People.

2.2.14
Subject to 2.2.13, no right provided in Settlement Agreements for the benefit of any Person who is not a Yukon Indian Person or a Yukon First Nation shall be construed as a right within the meaning of section 35 of the Constitution Act, 1982.

2.2.15
Settlement Agreements shall be the entire agreement between the parties thereto and there shall be no representation, warranty, collateral agreement or condition affecting those Agreements except as expressed in them.

2.3.0 Amendment

2.3.1
Except where expressly provided in the Umbrella Final Agreement, the provisions of the Umbrella Final Agreement may only be amended with the consent of the parties to the Umbrella Final Agreement.

2.3.2
Consent to any amendment pursuant to 2.3.1 may only be given on the part of:

2.3.2.1
Canada, by the Governor in Council;

2.3.2.2
the Yukon, by the Commissioner in Executive Council; and

2.3.2.3
Yukon First Nations by the following process,

(a) the Council for Yukon Indians shall Consult on all proposed amendments with all Yukon First Nations and shall provide the result of those Consultations to all Yukon First Nations,

(b) an amendment shall only be considered approved by the Yukon First Nations if it is approved by two thirds of the Yukon First Nations which have Yukon First Nation Final Agreements in effect and which represent at least 50 percent of all Yukon Indian People, and

(c) the Council for Yukon Indians shall provide Government with a certified copy of a resolution stating that (a) and (b) have been complied with, and Government shall be entitled to rely on that resolution as conclusive evidence of compliance with (a) and (b).

2.3.3
A Yukon First Nation shall approve an amendment to the provisions of the Umbrella Final Agreement in the same way that it approves amendments to the specific provisions of its Yukon First Nation Final Agreement.

2.3.4
Except where expressly provided in a Yukon First Nation Final Agreement, a specific provision applicable to that Yukon First Nation may only be amended by the parties to that Yukon First Nation Final Agreement.

2.3.5
Consent to any amendment pursuant to 2.3.4 may only be given on the part of:

2.3.5.1
Canada, by the Governor in Council, except where expressly provided in a Yukon First Nation Final Agreement;

Specific Provision

(a) The Minister of Indian Affairs and Northern Development may consent, on behalf of Canada, to any amendment to a specific provision contemplated by 5.3.1, 5.15.1, 5.15.2, 6.1.2 or 6.1.8 of this Agreement and to any amendment to Appendix A - Settlement Land Descriptions, attached to this Agreement.

(b)The Governor in Council may delegate to the Minister of Indian Affairs and Northern Development the authority to consent, on behalf of Canada, to amend other specific provisions of this Agreement

.

2.3.5.2
the Yukon, by the Commissioner in Executive Council, except where expressly provided in a Yukon First Nation Final Agreement; and

Specific Provision

(a) The Yukon Minister responsible for land claims agreements may consent, on behalf of the Yukon, to any amendment to a specific provision contemplated by 5.3.1, 5.15.1, 5.15.2, 6.1.2 or 6.1.8 of this Agreement and to any amendment to Appendix A - Settlement Land Descriptions, attached to this Agreement.

(b) The Commissioner in Executive Council may delegate to the Yukon Minister responsible for land claims agreements the authority to consent, on behalf of the Yukon, to amend other specific provisions of this Agreement. 2.3.5.3 a Yukon First Nation by a process set out in that Yukon First Nation Final Agreement.

 

Specific Provision

(a) Consent to any amendment pursuant to 2.3.4 may only be given on the part of the Vuntut Gwitchin First Nation by a resolution of the Chief and Council.

(b) The Chief and Council shall provide Government with a certified copy of a resolution approved pursuant to 2.3.5.3 (a), and Government shall be entitled to rely on that resolution as conclusive evidence of compliance with 2.3.5.3 (a).

(c) The parties to this Agreement shall Consult the Gwich'in Tribal Council with respect to any amendment to this Agreement which may affect the Tetlit Gwich'in in the Secondary Use Area.

2.3.6
Amendments to a Yukon First Nation Final Agreement shall be published in the Canada Gazette, the Yukon Gazette and the Yukon First Nation registry of laws established pursuant to that Yukon First Nation's selfgovernment agreement.

2.4.0 Settlement Legislation

2.4.1
Upon ratification of the Umbrella Final Agreement, and upon ratification of a Yukon First Nation Final Agreement, Canada shall recommend to Parliament, and the Yukon shall recommend to the Legislative Assembly, Settlement Legislation.

2.4.2
Prior to ratification of the Umbrella Final Agreement, the parties to the Umbrella Final Agreement shall negotiate guidelines for drafting the Act that Canada will recommend to Parliament and the Act that the Yukon will recommend to the Yukon Legislative Assembly, which shall, among other things:

2.4.2.1
approve, give effect to and declare valid those Settlement Agreements which have been ratified at the same time as the Umbrella Final Agreement and enable subsequently ratified Settlement Agreements to be approved, given effect and declared valid by order-in-council;

2.4.2.2
acknowledge that a Settlement Agreement is a land claims agreement within the meaning of section 35 of the Constitution Act, 1982;

2.4.2.3
provide that a Settlement Agreement is binding on third parties; and

2.4.2.4
provide that where there is any doubt in the meaning of Settlement Legislation, any Settlement Agreement may be examined as an aid to interpretation.

2.4.3
Government shall Consult the Council for Yukon Indians during the drafting of Settlement Legislation.

2.5.0 Certainty

2.5.1
In consideration of the promises, terms, conditions and provisos in a Yukon First Nation's Final Agreement:

2.5.1.1
subject to 5.14.0, that Yukon First Nation and all persons who are eligible to be Yukon Indian People it represents, as of the Effective Date of that Yukon First Nation's Final Agreement, cede, release and surrender to Her Majesty the Queen in Right of Canada, all their aboriginal claims, rights, titles, and interests, in and to,

(a) Non-Settlement Land and all other land and water including the Mines and Minerals within the sovereignty or jurisdiction of Canada, except the Northwest Territories, British Columbia and Settlement Land,

(b) the Mines and Minerals within all Settlement Land, and

(c) Fee Simple Settlement Land;

2.5.1.2
that Yukon First Nation and all persons eligible to be Yukon Indian People it represents, as of the Effective Date of that Yukon First Nation's Final Agreement, cede, release and surrender to Her Majesty the Queen in Right of Canada all their aboriginal claims, rights, titles and interests in and to Category A and Category B Settlement Land and waters therein, to the extent that those claims, rights, titles and interests are inconsistent or in conflict with any provision of a Settlement Agreement;

2.5.1.3
that Yukon First Nation and all persons eligible to be Yukon Indian People it represents, as of the Effective Date of that Yukon First Nation's Final Agreement, cede, release and surrender to Her Majesty the Queen in Right of Canada any claims, rights or causes of action which they may ever have had, may now have or may have hereafter, under, or arising out of Treaty 11; and

2.5.1.4
neither that Yukon First Nation nor any person eligible to be a Yukon Indian Person it represents, their heirs, descendants and successors, shall, after the Effective Date of that Yukon First Nation's Final Agreement, assert any cause of action, action for declaration, claim or demand of whatever kind or nature, which they ever had, now have, or may hereafter have against Her Majesty the Queen in Right of Canada, the Government of any Territory or Province, or any person based on,

(a) any aboriginal claim, right, title or interest ceded, released or surrendered pursuant to 2.5.1.1 and 2.5.1.2,

(b) any aboriginal claim, right, title or interest in and to Settlement Land, lost or surrendered in the past, present or future, or

(c) any claim, right or cause of action described in 2.5.1.3.

2.5.2
Nothing in a Settlement Agreement shall be construed as an admission or assertion by that Yukon First Nation or Yukon Indian People that Treaty 11 has any application to or effect on Yukon First Nations or Yukon Indian People.

2.5.3
Government undertakes not to assert that Treaty ll had or has any effect with respect to the rights, titles or interests of a Yukon First Nation or a Yukon Indian Person on Settlement Land.

2.6.0 Interpretation of Settlement Agreements and Application of Law

2.6.1
The provisions of the Umbrella Final Agreement, the specific provisions of the Yukon First Nation Final Agreement and Transboundary Agreement applicable to each Yukon First Nation shall be read together.

2.6.2
Settlement Legislation shall provide that:

2.6.2.1
subject to 2.6.2.2 to 2.6.2.5, all federal, territorial and municipal Law shall apply to Yukon Indian People, Yukon First Nations and Settlement Land;

2.6.2.2
where there is any inconsistency or conflict between any federal, territorial or municipal Law and a Settlement Agreement, the Settlement Agreement shall prevail to the extent of the inconsistency or conflict;

2.6.2.3
where there is any inconsistency or conflict between the provisions of the Umbrella Final Agreement and the specific provisions applicable to a Yukon First Nation, the provisions of the Umbrella Final Agreement shall prevail to the extent of the inconsistency or conflict;

2.6.2.4
where there is any inconsistency or conflict between Settlement Legislation and any other Legislation, the Settlement Legislation shall prevail to the extent of the inconsistency or conflict; and

2.6.2.5
where there is any inconsistency or conflict between the Inuvialuit Final Agreement in effect on the date of ratification of the Umbrella Final Agreement by Yukon First Nations and a Settlement Agreement, the Inuvialuit Final Agreement shall prevail to the extent of the inconsistency or conflict.

2.6.3
There shall not be any presumption that doubtful expressions in a Settlement Agreement be resolved in favour of any party to a Settlement Agreement or any beneficiary of a Settlement Agreement.

2.6.4
Nothing in any Settlement Agreement shall be construed as an admission by Government that Yukon First Nations or Yukon Indian People have any aboriginal rights, title or interests anywhere within the sovereignty or jurisdiction of Canada.

2.6.5
Nothing in a Settlement Agreement shall be construed to preclude any party from advocating before the courts any position on the existence, nature or scope of any fiduciary or other relationship between the Crown and the Yukon First Nations.

2.6.6
Settlement Agreements shall be interpreted according to the Interpretation Act, R.S.C. 1985, c. I-21, with such modifications as the circumstances require.

2.6.7
Objectives in Settlement Agreements are statements of the intentions of the parties to a Settlement Agreement and shall be used to assist in the interpretation of doubtful or ambiguous expressions.

2.6.8
Capitalized words or phrases shall have the meaning assigned in the Umbrella Final Agreement.

2.7.0 Access to Information and Privacy

2.7.1
Notwithstanding any other provision of the Settlement Agreements, Government shall not be required to disclose any information that it is required or entitled to withhold under any Legislation relating to access to information or privacy. Where Government has a discretion to disclose any information, it shall take into account the objectives of the Settlement Agreements in exercising that discretion.

2.8.0 Remedies

2.8.1
Neither Government, the Council for Yukon Indians, a Yukon First Nation, nor any Yukon Indian Person shall have a claim or cause of action in the event any provision of a Settlement Agreement or Settlement Legislation is found to be invalid by a court of competent jurisdiction.

2.8.2
Neither Government, the Council for Yukon Indians, a Yukon First Nation, nor any Yukon Indian Person shall challenge the validity of any provision of a Settlement Agreement or Settlement Legislation.

2.8.3
If any provision of a Settlement Agreement or Settlement Legislation is found by a court of competent jurisdiction to be invalid, the parties thereto shall make best efforts to amend that Agreement or the Settlement Legislation to remedy the invalidity or replace the invalid provision.

2.9.0 Internal Overlap and Transboundary Agreements

2.9.1
Subject to 2.9.2, each Yukon First Nation has provided to Government a map at a scale no smaller than 1:500,000 delineating its Traditional Territory within the Yukon as shown in each Yukon First Nation Final Agreement.

Specific Provision

2.9.1.1.
The map referred to in 2.9.1 is set out as map "Vuntut Gwitchin First Nation Traditional Territory, (VGTT)", in Appendix B - Maps, which forms a separate volume to this Agreement.

2.9.2
Prior to the ratification of the Umbrella Final Agreement by the Yukon First Nations, the Kluane First Nation and the White River First Nation shall provide maps, at a scale no smaller than 1:500,000, of their Traditional Territories, which Traditional Territories shall be delineated within the Traditional Territory map provided by the Kluane First Nation pursuant to 2.9.1.

2.9.3
Prior to the ratification of a Yukon First Nation Final Agreement by the Yukon First Nation, any overlapping claim, right, title and interest, of other Yukon First Nations within its Traditional Territory as delineated pursuant to 2.9.1 or 2.9.2 shall be resolved to the satisfaction of the parties to that Yukon First Nation Final Agreement.

Specific Provision

2.9.3.1
Provisions respecting the resolution of the overlapping claims, rights, titles and interests of other Yukon First Nations within the Vuntut Gwitchin First Nation Traditional Territory pursuant to 2.9.3 are set out in Schedule B - Resolution of Overlapping Claims, attached to this chapter

2.10.0 Representation and Warranty

2.10.1
Each Yukon First Nation hereby represents and warrants to Government that it represents all Yukon Indian People who may have any aboriginal claims, rights, titles or interests in or to its Traditional Territory.

2.10.2
Each Yukon First Nation hereby indemnifies and forever saves harmless Her Majesty the Queen in Right of Canada from and against all suits and actions, causes of action, claims, demands, and damages, whether known or unknown, by any person eligible to be a Yukon Indian Person represented by the Yukon First Nation referred to in 2.10.1, which that person ever had, now has or may hereafter have against Canada or the Yukon relating to or in any way arising from the claims, rights, titles and interests described in 2.5.0, 5.9.0 and 5.10.1.

2.11.0 General

2.11.1
Except as expressly provided otherwise, any reference in a Settlement Agreement to Legislation, an Act or a provision of an Act includes:

2.11.1.1
that Legislation, Act or provision of an Act, and any Regulations made thereunder, as amended from time to time; and

2.11.1.2
any successor Legislation, Act or provision of an Act.

2.11.2
Successor Legislation includes territorial Legislation which replaces federal Legislation as a consequence of devolution of authority or responsibility from Canada to the Yukon.

2.11.3
For purposes of the application of provisions of the Umbrella Final Agreement to a Yukon First Nation, the then existing name of each Yukon First Nation is substituted for the term "Yukon First Nation" wherever it appears in 2.5.0, 2.10.1, 4.4.0, 5.9.0 and 5.10.1 of the Umbrella Final Agreement.

2.11.4
Except as provided in 2.11.3, for purposes of the application of the provisions of the Umbrella Final Agreement to a Yukon First Nation, each Yukon First Nation Final Agreement and each Transboundary Agreement shall name which of that Yukon First Nation's then existing legal entities is to be substituted for the term "Yukon First Nation" wherever the context requires.

Specific Provision

2.11.4.1
The Vuntut Gwitchin First Nation described in the Legislation giving effect to the self-government agreement for the Vuntut Gwitchin First Nation is the legal entity referred to in 2.11.4.

2.11.5
Any legal entity described in 2.11.4 must have all the capacities, rights, powers and privileges of a natural person, subject to such special provisions as may be set out in that Transboundary Agreement or Yukon First Nation Final Agreement.

2.11.6
The act of acquiring or the holding of any rights, liabilities or obligations by any entity described in 2.11.4, shall not be construed to affect any aboriginal right, title or interest of that Yukon First Nation or any person eligible to be a Yukon Indian Person it represents.

2.11.7
Yukon First Nation Final Agreements may provide for that Yukon First Nation to alter from time to time which of its legal entities shall hold rights, liabilities or obligations pursuant to 2.11.4.

Specific Provision

2.11.7.1
Except in respect of 2.5.0, 2.10.1, 4.4.0, 5.9.0 and 5.10.0, the Vuntut Gwitchin First Nation may cause any of its rights, obligations and liabilities set out in this Agreement to be held, on its behalf, by any legal entity wholly controlled by the Vuntut Gwitchin First Nation, provided any transfer does not adversely affect the exercise of rights, obligations and liabilities set out in this Agreement.

2.11.7.2
The Vuntut Gwitchin First Nation, prior to the Effective Date of this Agreement, shall establish and thereafter maintain a public register identifying all rights, obligations and liabilities held on its behalf pursuant to 2.11.7.1.

2.11.7.3
Government shall not be liable to Vuntut Gwitchin for any damage or loss suffered by Vuntut Gwitchin as a result of the failure of the Vuntut Gwitchin First Nation or any entity referred to in 2.11.7.1 to comply with an obligation under this Agreement.

2.11.8
Government may determine, from time to time, how and by whom any power or authority of Government or a Minister set out in a Settlement Agreement, other than the power to consent to an amendment pursuant to 2.3.0, shall be exercised.

2.11.9
The Supreme Court of the Yukon shall have jurisdiction in respect of any action or proceeding arising out of Settlement Legislation or a Settlement Agreement.

2.11.10
Nothing in a Settlement Agreement shall be construed to limit any jurisdiction the Federal Court of Canada may have from time to time.

2.12.0 Boards

2.12.1
The provisions of 2.12.2 apply to the:

Enrollment Commission;
Yukon Land Use Planning Council;
Regional Land Use Planning Commissions;
Yukon Development Assessment Board;
Yukon Heritage Resources Board;
Yukon Geographical Place Names Board;
Yukon Water Board;
Fish and Wildlife Management Board, including the Salmon Sub-Committee;
Renewable Resources Councils;
Dispute Resolution Board;
Surface Rights Board;
Kluane National Park Management Board; and
any other entity agreed to in a Yukon First Nation Final Agreement.

2.12.2
Unless otherwise provided in a Settlement Agreement, the following provisions shall apply to a Board:

2.12.2.1
a majority of the members nominated by Yukon First Nations or the Council for Yukon Indians, as the case may be, and a majority of the members nominated by Government shall be residents of the Yukon;

2.12.2.2
the Council for Yukon Indians or Yukon First Nations, as the case may be, and Government, shall put forward their nominees within 60 days of a request by the Minister;

2.12.2.3
appointments of Government nominees shall be made by the Minister as soon as practicable;

2.12.2.4
the Minister shall appoint as soon as practicable those persons nominated by Yukon First Nations or the Council for Yukon Indians, as the case may be;

2.12.2.5
in the event of a vacancy, the Board may discharge its duties with such members as have been nominated and appointed;

2.12.2.6
a member shall not be deemed to be in a position of conflict of interest solely by virtue of being a Yukon Indian Person;

2.12.2.7
members may only be removed for cause, provided however that, in addition to the grounds for removal for cause recognized generally in Law, a Board, may specify additional grounds in its procedures;

2.12.2.8
each Board shall prepare an annual budget for review and approval by Government and the approved expenses of the Board shall be a charge on Government;

2.12.2.9
each Board shall consider including in its annual budget funding to allow the Board to provide its members with cross cultural orientation and education, and other training directed to improving its members' ability to carry out their responsibilities, as well as funding for facilities to allow board members to carry out their responsibilities in their traditional languages;

2.12.2.10
each Board may adopt bylaws for its internal management and may make rules governing its procedures consistent with the Umbrella Final Agreement and with any Legislation establishing the Board;

2.12.2.11
appointments to a Board shall be for a three year term except that the term of initial appointments to a Board may, in the discretion of the nominating party, be less than but not exceed three years and any appointment replacing a member whose term has not expired shall only be for the unexpired portion of that term; and

2.12.2.12
members of Boards shall not be delegates of the parties who nominate or appoint them.

SCHEDULE A
RATIFICATION OF THE VUNTUT GWITCHIN FIRST
NATION FINAL AGREEMENT

1.0 General

1.1
Ratification of this Agreement by the Vuntut Gwitchin First Nation in accordance with this schedule shall be considered ratification by all persons eligible to be Yukon Indian People that it represents.

1.2
This Agreement shall be ratified by the Vuntut Gwitchin First Nation before being considered for ratification by Canada and the Yukon.

1.3
Government shall consider the ratification of this Agreement within three months after the publication of its ratification by the Vuntut Gwitchin First Nation or as soon as practicable thereafter.

2.0 Ratification Committee

2.1
A Ratification Committee shall be established with responsibility for conducting the Vuntut Gwitchin First Nation ratification process.

2.2
The Ratification Committee shall consist of three persons, two named by the Vuntut Gwitchin First Nation and one named jointly by Canada and the Yukon.

2.3
The Vuntut Gwitchin First Nation shall prepare a budget for the ratification process, subject to review and approval by Canada. The approved expenses of the Committee shall be a charge on Canada.

3.0 Official Voters List

3.1
The Ratification Committee shall prepare an official voters list which shall be comprised of all persons who are on the Official Enrollment List as of the date 30 days prior to the date of the vote who will be, on the date of the vote, at least 16 years of age and who consent to be on the official voters list.

3.1.1
For the purposes of 3.0, the "Official Enrollment List" means the official enrollment list for the Vuntut Gwitchin First Nation prepared by the Enrollment Commission pursuant to Chapter 3 - Eligibility and Enrollment.

3.1.2
The Ratification Committee shall inform all persons eligible to be on the official voters list of the significance of consenting to be on that list.

3.1.3
Without limiting the measures the Ratification Committee may take to inform persons under 3.1.2, providing notice in writing to each person's last known address shall be sufficient.

3.2
At least two weeks prior to the vote, the Ratification Committee shall publish an official voters list in Old Crow, Whitehorse and other such communities as the Ratification Committee considers necessary.

3.3
he Ratification Committee shall add to the official voters list any person eligible to be on the list who, at any time up to and including the date of the vote, consents to be on the list.

3.4
All persons on the official voters list shall be entitled to vote.

4.0 Information Campaign

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

5.0 Voting Process

5.1
The date or dates for the vote on the ratification of this Agreement shall be determined by the Chief and Council.

5.2
The vote shall be held at Old Crow, Whitehorse and other such places as the Ratification Committee determines necessary.

5.3
The Ratification Committee shall determine the means by which votes shall be cast, which may include mail-in ballots. The Ratification Committee shall make reasonable efforts to provide all eligible voters with a reasonable opportunity to vote. The Ratification Committee may conduct an advance vote.

5.4
The vote shall be held on the same date or dates in all polling locations.

5.5
The date of the vote and the polling locations shall be posted in each community in which a ballot may be cast.

5.6
The vote shall be by secret ballot.

5.7
The appearance, format, and contents of the ballot shall be approved by the parties to this Agreement.

5.8
The Ratification Committee shall receive and tabulate all ballots.

6.0 Ratification of the Agreement by the Vuntut Gwitchin First Nation

6.1
The Vuntut Gwitchin First Nation will have ratified this Agreement if more than:

6.1.1
50 percent of the persons eligible to be on the official voters list consent to be on the list; and

6.1.2
more than 50 percent of the eligible voters cast a ballot approving this Agreement.

6.2
The Ratification Committee shall tabulate and publish figures showing:

6.2.1
the total number of persons eligible to be on the official voters list and the total number of persons who consented to be on the list; and

6.2.2
the total number of ballots cast, the total number of ballots approving this Agreement, the total number not approving this Agreement, the total number of ballots spoiled, and the total number of ballots rejected, but none of these figures shall be tabulated on a community basis or any basis other than the aggregate vote.

6.3
The Ratification Committee shall publish the results referred to in 6.2 in Old Crow and Whitehorse and may publish the results in any other location the Committee determines.

6.4
The Ratification Committee shall prepare and submit to the parties to this Agreement, within two weeks of publication of the results, a report on the carrying out of the Vuntut Gwitchin ratification process.

6.5
After ratification of this Agreement by the Vuntut Gwitchin First Nation but prior to submission of this Agreement for ratification by Canada, the negotiators, on behalf of Government, and the Chief, on behalf of the Vuntut Gwitchin First Nation, may agree:

6.5.1
to minor amendments to the specific provisions of this Agreement;

6.5.2
to amend Appendix A - Settlement Land Descriptions, attached to this Agreement; and

6.5.3
to amend Appendix B - Maps, which forms a separate volume to this Agreement.

7.0 Ratification of the Agreement by Government

7.1
After the Ratification Committee conducts the vote, publishes the results, and reports to the parties under 6.4, and if the results of the vote constitute a ratification of this Agreement by the Vuntut Gwitchin First Nation, this Agreement shall be presented by the Yukon Minister responsible for land claim agreements to the Executive Council for approval, and by the Minister of Indian Affairs and Northern Development to Cabinet for approval.

8.0 Signing of the Agreement

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

SCHEDULE B
RESOLUTION OF OVERLAPPING CLAIMS

1.0 Definitions

In this schedule the following definitions shall apply.

"Overlapping Area" is that part of a Yukon First Nation's Traditional Territory which overlaps the Vuntut Gwitchin First Nation Traditional Territory.

"Overlapping Yukon First Nation" means a Yukon First Nation which has an Overlapping Area.

"Overlapping Yukon First Nation Final Agreement" means the Yukon First Nation Final Agreement for an Overlapping Yukon First Nation.

2.0 Agreements

2.1
The Vuntut Gwitchin First Nation shall make best efforts to reach agreement with each Overlapping Yukon First Nation on a contiguous boundary which eliminates the Overlapping Area.

2.2
An agreement referred to in 2.1 is subject to approval by the other parties to this Agreement.

2.3
At any time at least six months prior to the earliest date when a dispute may be referred to the dispute resolution process pursuant to 3.1, the Vuntut Gwitchin First Nation may agree with an Overlapping Yukon First Nation to establish a panel of elders to consider and make recommendations to those Yukon First Nations on a contiguous boundary which eliminates the Overlapping Area.

2.4
A panel of elders referred to in 2.3 shall make its recommendations in writing no later than the earliest date when a dispute may be referred to the dispute resolution process pursuant to 3.1. The costs of the panel shall be paid by the Yukon First Nations appointing the panel.

2.5
A recommendation of a panel which is accepted by the Vuntut Gwitchin First Nation and the Overlapping Yukon First Nation is subject to approval by the other parties to this Agreement.

2.5.1
Where Canada or the Yukon does not approve the recommendation of a panel under 2.5, it shall give its reasons in writing.

3.0 Dispute Resolution

3.1
In the absence of an approved agreement referred to in 2.2 or 2.5, any party to this Agreement or to an Overlapping Yukon First Nation Final Agreement may, at any time after one year from the Effective Date of this Agreement or the Overlapping Yukon First Nation Final Agreement, whichever occurs later, refer the matter of the establishment of a contiguous boundary to the dispute resolution process under 26.3.0 provided:

3.1.1
that Overlapping Yukon First Nation Final Agreement contains specific provisions substantially the same as this schedule; or

3.1.2
the Vuntut Gwitchin First Nation and the Overlapping Yukon First Nation agree to refer the matter to the dispute resolution process under 26.3.0.

3.2
A person appointed under 26.7.0 to resolve a dispute under 3.1 shall have the power:

3.2.1
to determine a contiguous boundary, in the Overlapping Area, between the Traditional Territories of the Overlapping Yukon First Nation and the Vuntut Gwitchin First Nation, in addition to the other powers provided in Chapter 26 - Dispute Resolution; and

3.2.2
where a recommendation of a panel under 2.4 has been accepted by the affected Yukon First Nations but not accepted by Government, to direct that the costs of the panel under 2.4 be paid by one or more of the parties to the dispute.

3.3
The parties to this Agreement shall, as soon as practicable, amend the Vuntut Gwitchin First Nation Traditional Territory to conform to the boundary described in an approved agreement referred to in 2.2 or 2.5 or an award of a person appointed to resolve a dispute under 3.1.

3.4
The parties to this Agreement may amend the boundary referred to in 3.3, with the consent of the adjacent Yukon First Nation.

4.0 Application of this Agreement in an Overlapping Area

4.1
Only the following provisions of this Agreement shall apply in that part of the Vuntut Gwitchin First Nation Traditional Territory which, from time to time, is included in an Overlapping Area:

4.1.1
Chapter 1 - Definitions,
Chapter 2 - General Provisions,
Chapter 3 - Eligibility and Enrollment,
Chapter 4 - Reserves and Land Set Aside,
Chapter 5 - Tenure and Management of Settlement Land,
Chapter 6 - Access,
Chapter 7 - Expropriation,
Chapter 8 - Surface Rights Board,
Chapter 9 - Settlement Land Amount,
Chapter 11 - Land Use Planning,
Chapter 12 - Development Assessment,
Chapter 14 - Water Management,
Chapter 15 - Definition of Boundaries and Measurement of Areas of Settlement Land
Chapter 18 - Non-Renewable Resources,
Chapter 19 - Financial Compensation,
Chapter 20 - Taxation,
Chapter 21 - Taxation of Settlement Land,
Chapter 23 - Resource Royalty Sharing,
Chapter 24 - Yukon Indian Self-Government,
Chapter 25 - Transboundary Agreements,
Chapter 26 - Dispute Resolution,
Chapter 27 - Yukon Fish and Wildlife Enhancement Trust,
Chapter 28 - Implementation and Training for Settlement Implementation;

4.1.2
Chapter 10 - Special Management Areas, with the exception of 10.3.3 and 10.5.5 which shall not apply;

4.1.3
Chapter 13 - Heritage, with the exception of 13.9.0 and 13.12.1.1 to 13.12.1.6 inclusive which shall not apply;

4.1.4
16.1.0 to 16.4.0 inclusive, 16.5.1.1(a), 16.5.1.8 to 16.5.4 inclusive, 16.7.0, 16.8.0, 16.10.0, 16.11.11 to 16.11.13 inclusive, 16.12.0 to 16.15.0 inclusive and Schedule A - Determination of Basic Needs Allocation for the Drainage Basin of the Yukon River;

4.1.5
16.9.0, with the exception of 16.9.1.3 to 16.9.1.7 inclusive which shall not apply;

4.1.6
Chapter 17 - Forest Resources, with the exception of 17.4.0 and 17.14.2.1 to 17.14.2.8 inclusive which shall not apply; and 4.1.7 Chapter 22 - Economic Development Measures, with the exception of 22.3.3.5, 22.3.3.6, 22.3.6.1, 22.3.6.2 and Schedule A - Economic Measures which shall not apply.

5.0 Other Yukon First Nation Final Agreements

5.1
Where there is an inconsistency or conflict between a provision of this Agreement which applies in an Overlapping Area and a provision of an Overlapping Yukon First Nation Final Agreement which applies in the Overlapping Area, the provision of this Agreement which is inconsistent or in conflict shall not apply, to the extent of the inconsistency or conflict.

5.2
Government shall make best efforts to ensure that provisions substantially the same as this schedule are included in the Yukon First Nation Final Agreement of an Overlapping Yukon First Nation.

5.3
Government shall not agree in an Overlapping Yukon First Nation Final Agreement to provisions which resolve conflicts or inconsistencies between that Yukon First Nation Final Agreement and this Agreement in any manner other than as set out in this schedule, without the consent of the Vuntut Gwitchin First Nation.

6.0 Consultation in the Overlapping Area respecting Renewable Resources

6.1
Government shall Consult with the Vuntut Gwitchin First Nation respecting any matter in an Overlapping Area which may affect the rights of Vuntut Gwitchin or the Vuntut Gwitchin First Nation set out in this Agreement and which apply in an Overlapping Area pursuant to 4.1.






Chapter 3 - Eligibility and Enrollment

3.1.0 Definitions

In this chapter, the following definitions shall apply.

"Adopted Child" means a Person who, while a Minor, is adopted pursuant to Law relating to adoption recognized in Canada or pursuant to aboriginal customs.

"Descendant" means direct descendant by either maternal or paternal line, notwithstanding any intervening adoption and independent of whether any child of the line was born within or outside a marriage.

"Dispute Resolution Board" means the Board established pursuant to 26.5.0.

"Enrollment Commission" means the commission established pursuant to 3.6.0.

"Enrollment Committee" means a committee established pursuant to 3.5.0.

"Minor" means a Person who has not yet reached the age of majority as determined from time to time by the Laws of the Yukon.

"Ordinarily Resident" means a Person who lived or has lived the majority of his life in the Yukon. In making such determination, temporary absences from the Yukon for reasons such as travel, education, medical treatment, military service, or incarceration, shall be considered periods of residence provided the Person was Ordinarily Resident prior to such temporary absences.

"Person" means a natural person.

3.2.0 Eligibility Criteria

3.2.1
Eligibility for enrollment under a Yukon First Nation Final Agreement shall be determined by the process set out in this chapter.

3.2.2
A Person is eligible for enrollment as a Yukon Indian Person under one of the Yukon First Nation Final Agreements if that Person is a Canadian citizen, and:

3.2.2.1
establishes that he is of 25 percent or more Indian ancestry and was Ordinarily Resident in the Yukon between January 1, 1800 and January 1, 1940;

3.2.2.2
establishes that he is a Descendant of a Person living or deceased eligible under 3.2.2.1;

3.2.2.3
establishes that he is an Adopted Child of a Person living or deceased eligible under 3.2.2.1 or 3.2.2.2; or

3.2.2.4
upon application within two years of the Effective Date of a Yukon First Nation Final Agreement to the Enrollment Commission by that Yukon First Nation, is determined by the Enrollment Commission in its discretion, and upon consideration of all relevant circumstances, to have a sufficient affiliation with that Yukon First Nation so as to justify enrollment.

3.2.3
Notwithstanding the requirement for Canadian citizenship in 3.2.2, a Person who is not a Canadian citizen is eligible for enrollment as a Yukon Indian Person under one of the Yukon First Nation Final Agreements if that Person meets one of the criteria set out in 3.2.2.1 to 3.2.2.4.

3.2.4
Enrollment of a Person under 3.2.3 shall not confer on that Person any rights or benefits under the Indian Act, R.S.C. 1985, c. I-5, rights of entry into Canada or of Canadian citizenship.

3.2.5
Any Person eligible for enrollment as a Yukon Indian Person pursuant to 3.2.2 or 3.2.3 is entitled to be enrolled under one, and no more than one, Yukon First Nation Final Agreement.

3.2.6
Where a Person applying for enrollment is eligible for enrollment under more than one Yukon First Nation Final Agreement, the Enrollment Commission shall take into account the wishes of that Person and any affected Yukon First Nation in deciding under which Yukon First Nation Final Agreement that Person will be enrolled.

3.2.7
Membership in a Yukon Indian Band under the Indian Act, R.S.C. 1985, c. I-5 does not necessarily result in eligibility for enrollment under a Yukon First Nation Final Agreement.

3.2.8
A Minor may apply on his own behalf to an Enrollment Committee for enrollment under a Yukon First Nation Final Agreement.

3.3.0 Applications on behalf of Another Person

3.3.1
The Government, Yukon First Nations and Enrollment Committees shall work together to ensure that adoptive parents or legal guardians of Minors eligible for enrollment as a Yukon Indian Person under a Yukon First Nation Final Agreement are made aware of the Minor's eligibility.

3.3.2
Any adult Person may apply to an Enrollment Committee to enroll a Minor under a Yukon First Nation Final Agreement.

3.3.3
Any Person who, by order of a court, aboriginal custom in Canada or pursuant to Legislation, has been vested with the authority to manage the affairs of an adult incapable of managing his own affairs, may apply to an Enrollment Committee to enroll that adult under a Yukon First Nation Final Agreement.

3.4.0 Other Settlements

3.4.1
Subject to 3.4.2, a Person who is enrolled in any other aboriginal land claims settlement in Canada shall not be enrolled as a Yukon Indian Person under any Yukon First Nation Final Agreement.

3.4.2
Any Person who is enrolled as a Yukon Indian Person under a Yukon First Nation Final Agreement and who is also enrolled under another aboriginal land claims settlement in Canada, shall have 60 days to elect between the two settlement agreements following notice in writing from a Yukon First Nation or the Enrollment Commission. If that Person elects to remain enrolled in the other settlement agreement, then that Person shall cease to be enrolled under the Yukon First Nation Final Agreement.

3.4.3
A Person who is enrolled under another aboriginal land claims settlement in Canada is entitled to apply to be enrolled under a Yukon First Nation Final Agreement on the condition that, if accepted for enrollment, that Person shall cease to be enrolled under that other settlement.

3.4.4
Notwithstanding 3.4.1 and 3.4.2, a Minor who is enrolled under any other aboriginal land claims settlement in Canada, and who is eligible for enrollment as a Yukon Indian Person, may elect to be enrolled as a Yukon Indian Person provided such election takes place within two years of the Minor attaining the age of majority, whereupon the Minor ceases to be enrolled under the other settlement.

3.5.0 Enrollment Committees

3.5.1
Each Yukon First Nation shall establish an Enrollment Committee composed of no more than five members of that Yukon First Nation. Each Yukon First Nation shall notify the Enrollment Commission of the composition of its Enrollment Committee and of any changes made in it from time to time.

3.5.2
A Yukon First Nation may join with one or more Yukon First Nations to establish a joint Enrollment Committee to be composed of no more than five members of those Yukon First Nations. The affected Yukon First Nations shall notify the Enrollment Commission of the composition of the joint Enrollment Committee and any changes made in it from time to time.

3.5.3
Each Enrollment Committee shall:

3.5.3.1
establish its own procedures;

3.5.3.2
publish its own procedures;

3.5.3.3
publicize and provide information in respect of the enrollment process to members of the Yukon First Nation;

3.5.3.4
review, update and amend existing Yukon First Nation enrollment lists of that Yukon First Nation;

3.5.3.5
supply application forms to any Person wishing to apply for enrollment and to any Person wishing to make an application pursuant to 3.3.0;

3.5.3.6
decide promptly, upon receiving an application for enrollment, whether such applicant is entitled to be enrolled in accordance with 3.2.0 or 3.4.0 3.5.3.7
prepare an initial list of all Persons who, in its opinion, are entitled to be enrolled in accordance with 3.2.0 or 3.4.0;

3.5.3.8
prepare a list of all applicants who have been refused inclusion on the list of Persons prepared pursuant to 3.5.3.7;

3.5.3.9
provide to the Enrollment Commission the lists prepared pursuant to 3.5.3.7 and 3.5.3.8 together with relevant information and documentation within a reasonable time period established by the Enrollment Commission;

3.5.3.10
provide to the Enrollment Commission amendments to the lists prepared pursuant to 3.5.3.7 and 3.5.3.8 within a reasonable time period established by the Enrollment Commission;

3.5.3.11
notify promptly each applicant, in writing, of the Enrollment Committee's decision respecting his application; and

3.5.3.12
forward to the Enrollment Commission applications which, in its opinion, should be considered by another Enrollment Committee.

3.5.4
If a Yukon First Nation is not represented on an Enrollment Committee or does not establish an Enrollment Committee within three months of a request to do so from the Enrollment Commission, or an Enrollment Committee has not carried out its responsibilities as set out in 3.5.3 within a reasonable time period established by the Enrollment Commission, the Enrollment Commission may exercise any or all of the responsibilities of the Enrollment Committee.

3.5.5
The Enrollment Commission shall not exercise the responsibilities of an Enrollment Committee unless the Enrollment Commission has attempted to assist the Enrollment Committee in the performance of its responsibilities. The Enrollment Commission shall relinquish such responsibilities when the Enrollment Committee demonstrates to the reasonable satisfaction of the Enrollment Commission that it is ready, willing and able to perform its responsibilities.

3.5.6
The Enrollment Commission, in accordance with standards set by it, shall reimburse each Enrollment Committee for its reasonable out-of-pocket expenses incurred over the period of three years from the date of each Enrollment Committee's inception. Each Enrollment Committee shall prepare a budget and submit it for approval to the Enrollment Commission when requested to do so by it.

3.5.7
Where an Enrollment Committee fails or neglects to make a decision in respect of an application for enrollment within 120 days, then that application shall be deemed to have been rejected and a right of appeal lies to the Enrollment Commission.

3.6.0 Enrollment Commission

3.6.1
The Enrollment Commission was established by the parties to the Umbrella Final Agreement on July 1, 1989.

3.6.2
Settlement Legislation shall:

3.6.2.1
give the Enrollment Commission and the Enrollment Committees the powers required to carry out their responsibilities;

3.6.2.2
deem the Enrollment Commission to have had, as of July 1, 1989, the jurisdiction, power and authority provided under the Umbrella Final Agreement, other than those set out in 3.6.2.4;

3.6.2.3
provide for the enforcement after the effective date of Settlement Legislation of any order or decision of the Enrollment Commission in a like manner as an order of the Supreme Court of the Yukon; and

3.6.2.4
provide the Enrollment Commission with the power to direct and compel the production of documents and the attendance of witnesses, with the exception of Ministers of Government, as provided to a Board of Inquiry under the Public Inquiries Act, R.S.Y. 1986, c. 137.

3.6.3
The Enrollment Commission shall be comprised of:

3.6.3.1
one Person nominated by the Council for Yukon Indians and an alternate to act in the absence of the Person so nominated;

3.6.3.2
one Person nominated jointly by Canada and the Yukon and an alternate to act in the absence of the Person so nominated; and

3.6.3.3
one Person and an alternate to act in the absence of that Person, each nominated by the two members nominated under 3.6.3.1 and 3.6.3.2. If the two members are unable to agree on a third member of the Commission, or an alternate, then either may refer the matter of appointment to the dispute resolution process under 26.3.0, or, in the absence of that process, to the Supreme Court of the Yukon.

3.6.4
The Minister shall appoint all Persons nominated pursuant to 3.6.3. In the event of a vacancy, the appropriate party shall promptly make a new nomination, and the Minister shall appoint the new nominee.

3.6.5
The Enrollment Commission:

3.6.5.1
shall establish and publish its own procedures including procedures in respect of appeals from decisions of Enrollment Committees;

3.6.5.2
shall only spend funds allocated to it for the carrying out of its functions and responsibilities in accordance with its approved budget;

3.6.5.3
shall assist Enrollment Committees in carrying out their responsibilities;

3.6.5.4
shall prepare and provide such information and forms as may be necessary to facilitate enrollment through Enrollment Committees;

3.6.5.5
shall refer to the appropriate Enrollment Committee those applications for enrollment which are submitted by Persons directly to the Enrollment Commission and those applications which appear to have been made to an inappropriate Enrollment Committee;

3.6.5.6
shall prepare, certify, publish and advertise the initial official enrollment list for each Yukon First Nation;

3.6.5.7
shall enter on the initial official enrollment lists the name of each Person who, in the opinion of an Enrollment Committee, is entitled to be enrolled as a Yukon Indian Person, provided the Enrollment Commission is satisfied all Persons named are in fact eligible for enrollment in accordance with 3.2.0 or 3.4.0;

3.6.5.8
where it appears to the Enrollment Commission that an applicant recommended by an Enrollment Committee pursuant to 3.5.3.7 is not entitled to be enrolled, the Commission may, on its own motion, institute an appeal pursuant to 3.6.5.9 in respect of that Person's application;

3.6.5.9
shall hear and determine any appeal initiated on its own motion or by an applicant, a Yukon First Nation, the Council for Yukon Indians or Government, arising from any decision of an Enrollment Committee with respect to enrollment and to provide such remedy or remedies as the Enrollment Commission in its absolute discretion deems appropriate;

3.6.5.10
shall hear and determine matters before it in accordance with the principles of natural justice; and

3.6.5.11
shall notify the applicant, Government, Council for Yukon Indians, any affected Yukon First Nation and affected Enrollment Committees of additions to or deletions from official enrollment lists as a result of decisions made by the Enrollment Commission pursuant to 3.6.5.8 and 3.6.5.9.

3.6.6
The Enrollment Commission shall be an independent body, operating at arm's length from the parties to the Settlement Agreements.

3.6.7
Where the Enrollment Commission fails or neglects to make a decision in respect of an appeal pursuant to 3.6.5.9, then that appeal shall be deemed to have been rejected and a right of appeal shall lie to the Supreme Court of the Yukon. The Supreme Court may give direction to the Enrollment Commission and refer the matter back to the Enrollment Commission.

3.6.8
All Persons on the official enrollment list for a Yukon First Nation as of the Effective Date of that Yukon First Nation Final Agreement shall be deemed to be enrolled under that Yukon First Nation Final Agreement, subject to 3.7.0, without further action being required.

3.7.0 Judicial Review

3.7.1
All decisions and orders of the Enrollment Commission shall be final and binding and not subject to appeal or judicial review in any court provided, however, that an application for judicial review by an applicant, a Yukon First Nation, the Council for Yukon Indians or Government, shall lie to the Supreme Court of the Yukon upon the grounds that the Enrollment Commission:

3.7.1.1
failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;

3.7.1.2
erred in law in making its decision or order, whether or not the error appears on the face of the record; or

3.7.1.3
based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it.

3.7.2
The application for a judicial review by an applicant pursuant to 3.7.1 shall be made:

3.7.2.1
in the case of a decision made prior to the Effective Date of the affected Yukon First Nation's Final Agreement, within 60 days of that Yukon First Nation's Final Agreement coming into effect; or

3.7.2.2
in the case of a decision made after the Effective Date of the affected Yukon First Nation's Final Agreement, within 60 days of the decision being made.

3.8.0 Budget

3.8.1
The Enrollment Commission shall prepare an annual budget in respect of its operations and in respect of the operations of the Enrollment Committees and shall submit the proposed annual budget to Canada for approval. Canada shall pay the approved expenses.

3.9.0 Dissolution of Enrollment Committees

3.9.1
The responsibilities of each Yukon First Nation's Enrollment Committee shall cease, except with respect to matters pending before it, two years after the day on which the Yukon First Nation's Final Agreement comes into effect. Upon dissolution, each Enrollment Committee shall deliver all its documents and records to the affected Yukon First Nation.

3.9.2
A joint Enrollment Committee shall deliver to a Yukon First Nation documents and records relating to applications for enrollment under that Yukon First Nation's Final Agreement.

3.9.3
Upon dissolution of an Enrollment Committee the Yukon First Nation shall have the powers and responsibilities to:

3.9.3.1
maintain, update and amend the official enrollment list for that Yukon First Nation after the initial official enrollment list has been published by the Enrollment Commission;

3.9.3.2
deliver to the Yukon the official enrollment list on each anniversary of the dissolution of the Enrollment Committee;

3.9.3.3
decide promptly upon all applications received, and advise all Persons in writing of the Enrollment Commission or the Dispute Resolution Panel's disposition of their application;

3.9.3.4
supply application forms to any Person wishing to apply for enrollment;

3.9.3.5
establish its own procedures;

3.9.3.6
publish its own procedures; and

3.9.3.7
publicize and provide information in respect of the enrollment process to members of the Yukon First Nation.

3.10.0 Continuation of Enrollment

3.10.1
After the dissolution of an Enrollment Committee, a Person seeking enrollment as a Yukon Indian Person, and a Person making application pursuant to 3.3.2 or 3.3.3 shall apply to the appropriate Yukon First Nation which shall determine, according to this chapter, whether such Person or the Person on whose behalf the application is being made, is entitled to be enrolled under its Yukon First Nation Final Agreement.

3.10.2
If the Yukon First Nation rejects the application or fails or refuses to make a decision within 120 days, then an appeal shall lie to either:

3.10.2.1
the Enrollment Commission, if it has not been dissolved pursuant to 3.10.4; or

3.10.2.2
a single arbitrator appointed by the chairperson of the Dispute Resolution Board.

3.10.3
Upon a decision to enroll a Person under 3.10.1, the Yukon First Nation shall provide written notice to Government. Such enrollment shall not come into effect until 30 days following Government's receipt of such notice or, in the event of a dispute, until a determination has been made pursuant to 3.11.0.

3.10.4
The responsibilities of the Enrollment Commission shall cease, except with respect to matters pending before it, on the day two years after the Effective Date of the last Yukon First Nation Final Agreement or 10 years after the effective date of Settlement Legislation, whichever comes first. Upon dissolution, the Enrollment Commission shall deliver all its documents and records to the Dispute Resolution Board.

3.11.0 Dispute Resolution

3.11.1
The Dispute Resolution Board shall maintain the confidentiality of the documents and records delivered to it by the Enrollment Commission pursuant to 3.10.4.

3.11.2
Upon the dissolution of the Enrollment Commission, the Dispute Resolution Board, in addition to its powers and duties under Chapter 26 - Dispute Resolution, shall have the following powers and duties:

3.11.2.1
to establish and publish its own procedures, including procedures in respect of appeals from decisions of a Yukon First Nation respecting eligibility and enrollment under this chapter;

3.11.2.2
the chairperson of the Dispute Resolution Board shall appoint a single arbitrator to hear and determine an appeal from any decision of a Yukon First Nation with respect to enrollment and to provide such remedy or remedies as the arbitrator in his discretion deems appropriate;

3.11.2.3
to direct and compel the production of documents and the attendance of witnesses with the exception of Ministers of Government, as provided to a Board of Inquiry under the Public Inquiries Act, R.S.Y. 1986, c.137;

3.11.2.4
to hear and determine matters before it arising under this chapter in accordance with the principles of natural justice;

3.11.2.5
powers necessarily incidental to the discharge of the arbitrator's duties in considering matters under this chapter;

3.11.2.6
to notify the applicant, Government, the Council for Yukon Indians and the affected Yukon First Nations of additions to or deletions from official enrollment lists as a result of decisions made by the arbitrator; and

3.11.2.7
to carry out any other responsibilities assigned to the Enrollment Commission under this chapter.

3.11.3
Any affected Yukon First Nation, Government, and any other affected Person shall be entitled to be a party in respect of an appeal or application for judicial review under this chapter.

3.11.4
Any decision or order of the arbitrator shall be enforceable in a like manner as an order of the Supreme Court of the Yukon.

3.11.5
All decisions of the arbitrator shall be subject to judicial review in the same manner as provided in 3.7.0.

3.12.0 Public Access

3.12.1
Any Person may examine the official enrollment list maintained by an Enrollment Committee or Yukon First Nation during its usual business hours.






Chapter 4 - Reserves and Land Set Aside

4.1.0 Reserves

4.1.1
Yukon First Nation Final Agreements shall set out whether a Reserve is to be:

4.1.1.1
retained as a Reserve to which all the provisions of the Indian Act, R.S.C. 1985, c. I-5 shall continue to apply, unless otherwise provided in the Legislation giving effect to that Yukon First Nation's self-government agreement, and except as provided in Chapter 2 - General Provisions and Chapter 20 - Taxation; or

4.1.1.2
selected as Settlement Land and cease to be a Reserve.

4.1.2
Settlement Legislation shall provide that the Indian Act, R.S.C. 1985, c. I-5 shall cease to apply to any Reserve identified pursuant to 4.1.1.2 as of the Effective Date of the Yukon First Nation Final Agreement of the Yukon First Nation for which the land had been set apart as a Reserve.

4.2.0 Land Set Aside

4.2.1
Government shall make best efforts to identify all Land Set Aside and to disclose to the Yukon First Nations before ratification of the Umbrella Final Agreement by the Yukon First Nations all information, maps and documents that Government has in its possession respecting Land Set Aside.

4.2.2
Unless otherwise agreed in a Yukon First Nation Final Agreement, Yukon First Nations shall select Land Set Aside containing improvements as Settlement Land, and may select any other Land Set Aside as Settlement Land.

4.2.3
The reservation or notation with respect to all Land Set Aside selected pursuant to 4.2.2 shall be cancelled by the Department of Indian Affairs and Northern Development.

4.2.4
Subject to 4.2.2, reservations or notations with respect to Land Set Aside which is not selected by a Yukon First Nation shall be cancelled by the Department of Indian Affairs and Northern Development whether or not the Land Set Aside was identified under 4.2.1

4.3.0 Selection of Additional Land

4.3.1
Before a final land selection is signed by the negotiators for a Yukon First Nation Final Agreement, the parties thereto shall identify:

4.3.1.1
all Reserves which are to become Settlement Land;

4.3.1.2
all Reserves to be retained by any Yukon First Nation; and

4.3.1.3
all Land Set Aside to be selected as Settlement Land by any Yukon First Nation, which shall be selected in accordance with 9.5.0.

4.3.2
Yukon First Nations may select as Settlement Land, in accordance with 4.3.3, additional land so that the total of the land identified under 4.3.1 and of the additional land equals 60 square miles (155.40 square kilometres).

4.3.3
The additional land under 4.3.2 shall be:

4.3.3.1
selected in accordance with 9.4.0 and 9.5.0; and

4.3.3.2
primarily allocated to the Yukon First Nations which do not retain Reserves or obtain Settlement Land under 4.1.1 or 4.2.2.

4.3.4
The Umbrella Final Agreement as initialled by the negotiators March 31, 1990, contemplated that the Yukon First Nations and Government would agree on the allocation of the land identified under 4.3.2 prior to ratification of the Umbrella Final Agreement by the Yukon First Nations.

4.3.5
The Yukon First Nations and Government have agreed to the allocation of the 60 square miles (155.40 square kilometres) referred to in 4.3.2, and the allocation of that amount among the Yukon First Nations is set out in Schedule A - Allocation of Settlement Land Amount attached to Chapter 9 - Settlement Land Amount.

4.3.6
Notwithstanding 4.3.2, a Yukon First Nation Final Agreement may identify other Reserves which Government and the Yukon First Nation agree exist in that Yukon First Nation's Traditional Territory.

4.3.7
A Reserve described in 4.3.6 shall be retained as a Reserve subject to 4.1.1.1, or selected as Settlement Land.

4.4.0 Release

4.4.1
In the event that after the Effective Date of a Yukon First Nation's Final Agreement there is determined to be a Reserve set aside for that Yukon First Nation other than a Reserve identified pursuant to 4.3.1 or 4.3.6, the Yukon First Nation for which that Reserve was set aside agrees to surrender all its interest absolutely and unconditionally to Her Majesty in Right of Canada.

4.4.2
Unless otherwise agreed in a Yukon First Nation Final Agreement, each Yukon First Nation and all persons eligible to be Yukon Indian People it represents, their heirs, descendants and successors, release Government as of the Effective Date of that Yukon First Nation's Final Agreement, from any and all suits, actions, causes of actions, claims, demands and charges, whether known or unknown, which the Yukon First Nation and all persons eligible to be Yukon Indian People it represents, their heirs, descendants and successors ever had, now have or may hereafter have against Government relating to or in any way arising out of:

4.4.2.1
any Reserve described in 4.4.1; and

Specific Provision

(a) The release described in 4.4.2 does not apply to any Reserve there may be at Rampart House, as defined in Schedule B - Rampart House Historic Site and Lapierre House Historic Site, attached to Chapter 13 - Heritage, until May 31, 1996.

4.4.2.2
any Land Set Aside not identified pursuant to 4.2.1.






Chapter 5- Tenure and Management of Settlement Land

5.1.0 Definitions

In this chapter, the following definitions shall apply.

"Land Titles Office" means the Land Titles Office for the Yukon Land Registration District or its successor. "Royalty" means any amount, paid in money or in kind, in respect of Mines and Minerals produced by a Person holding an Existing Mineral Right, but not including any payment made for a service, for the creation of special purposes funds, for the issuance of a right or interest or for the granting of an approval or authorization, any payment required regardless of the ownership of the Mines and Minerals, or any payment for incentives.

5.2.0 General

5.2.1
Nothing in Settlement Agreements shall be construed as affecting any aboriginal claim, right, title or interest in and to Settlement Land, except to the extent that they are inconsistent with the Settlement Agreements.

5.2.2
Nothing in this chapter constitutes an admission by Government that an aboriginal claim, right, title or interest can co-exist with the rights described in 5.4.1.1(a) and 5.4.1.2, or with a treaty.

5.2.3
Each Yukon First Nation shall register in the Land Titles Office as soon as practicable its title to Fee Simple Settlement Land and its fee simple title in the Mines and Minerals in and under Category A Settlement Land.

5.2.4
No fee or charge shall be payable in respect of the initial registration by a Yukon First Nation of its title to Fee Simple Settlement Land and its fee simple title in the Mines and Minerals in and under Category A Settlement Land.

5.2.5
Nothing in this chapter shall be construed to preclude a Yukon First Nation or Yukon Indian People from acquiring or holding interests in Non- Settlement Land.

5.2.6
Settlement Land shall be deemed not to be lands reserved for Indians within the meaning of section 91(24) of the Constitution Act, 1867, nor a Reserve.

5.2.7
Government shall have no obligation or liability in respect of Settlement Land, or in respect of any dealings with Settlement Land by any Person, by virtue of any property interest Government may have as a result of the regime of tenure established under 5.4.1.1(a) and 5.4.1.2.

5.3.0 Maps and Descriptions

5.3.1
Maps, and legal descriptions where available, of Settlement Land for each Yukon First Nation, and descriptions setting out any reservations, exceptions, restrictions, easements, rights-of-way or special conditions that the parties to a Yukon First Nation Final Agreement agree apply to a Parcel of Settlement Land shall be annexed to and form part of that Yukon First Nation Final Agreement, and shall identify the Category A, Category B, Fee Simple Settlement Land and Proposed Site Specific Settlement Land of that Yukon First Nation.

Specific Provision

5.3.1.1
The descriptions of Settlement Land for the Vuntut Gwitchin First Nation required by 5.3.1 are set out in Appendix A - Settlement Land Descriptions, attached to this Agreement.

5.3.1.2
The maps referred to in 5.3.1 are set out in Appendix B - Maps, which forms a separate volume to this Agreement.

5.3.2
The boundaries of the Settlement Land of a Yukon First Nation shall be defined pursuant to Chapter 15 - Definition of Boundaries and Measurement of Areas of Settlement Land.

5.3.3
Plans of survey confirmed in accordance with Chapter 15 - Definition of Boundaries and Measurement of Areas of Settlement Land shall be deposited in the Land Titles Office and any system established under 5.5.1.4 applicable to the Settlement Land dealt with in the survey.

5.3.4
Plans of survey confirmed under Chapter 15 - Definition of Boundaries and Measurement of Areas of Settlement Land replace for all purposes any prior map or description of a Parcel of Settlement Land dealt with by the survey.

5.3.5
The deposition of a plan of survey under 5.3.3 shall not be construed to affect any aboriginal right, title or interest of a Yukon First Nation or any person eligible to be a Yukon Indian Person it represents.

5.3.6
The designation of a Parcel of Settlement Land by the letters "C", "S" and "R" is for convenience only and has no legal effect.

5.4.0 Settlement Land

5.4.1
A Yukon First Nation shall have by virtue of this chapter:

5.4.1.1
for Category A Settlement Land,

(a) the rights, obligations and liabilities equivalent to fee simple excepting the Mines and Minerals and the Right to Work the Mines and Minerals, and

(b) fee simple title in the Mines and Minerals, and the Right to Work the Mines and Minerals;

5.4.1.2
for Category B Settlement Land the rights, obligations and liabilities equivalent to fee simple reserving therefrom the Mines and Minerals and the Right to Work the Mines and Minerals but including the Specified Substances Right; and

5.4.1.3
for Fee Simple Settlement Land, fee simple title reserving therefrom the Mines and Minerals and the Right to Work the Mines and Minerals but including the Specified Substances Right.

5.4.2
The rights and titles described in 5.4.1 of a Yukon First Nation in Settlement Land are subject to the following exceptions and reservations:

5.4.2.1
any right, title or interest less than the entire fee simple therein existing at the date the land became Settlement Land;

5.4.2.2
any licence, permit and other right issued by Government for the use of land or other resources existing at the date the land became Settlement Land;

5.4.2.3
any renewal or replacement of a right, title or interest described in 5.4.2.1 or a licence, permit or other right described in 5.4.2.2;

5.4.2.4
any new licence, permit or other right in respect of,

(a) Petroleum which may be granted as of right to a Person holding a right, title or interest described in 5.4.2.1, 5.4.2.2 or 5.4.2.3, and

(b) Mines and Minerals which may be granted pursuant to the Yukon Quartz Mining Act, R.S.C. 1985, c. Y-4 or the Yukon Placer Mining Act, R.S.C. 1985, c. Y-3 to a Person holding a right, title or interest described in 5.4.2.1, 5.4.2.2 or 5.4.2.3;

5.4.2.5
any right-of-way, easement, reservation, exception, restriction, or special condition agreed to by the parties to a Yukon First Nation Final Agreement and set out therein pursuant to 5.3.1;

5.4.2.6
the Public Access for Wildlife Harvesting;

5.4.2.7
any Waterfront Right-of-Way;

5.4.2.8
the Flooding Right identified pursuant to 7.8.0;

5.4.2.9
the rights granted to Government in a Quarry identified pursuant to 18.2.0; and

5.4.2.10
any reservation agreed to pursuant to 5.7.4.2.

5.5.0 Yukon First Nation Management Powers

5.5.1
Subject to its Settlement Agreement, each Yukon First Nation, as owner of Settlement Land, may exercise the following powers of management in relation to its Settlement Land:

5.5.1.1
to enact bylaws for the use of and occupation of its Settlement Land;

5.5.1.2
to develop and administer land management programs related to its Settlement Land;

5.5.1.3
to charge rent or other fees for the use and occupation of its Settlement Land; and

5.5.1.4
to establish a system to record interests in its Settlement Land.

5.6.0 Administration by Government

5.6.1 For the purposes of 5.6.0, "Encumbering Right" means every licence, permit or other right, and every right, title or interest described in 5.4.2.

5.6.2
Subject to 6.3.6, Government shall continue to administer every Encumbering Right including granting renewals or replacements described in 5.4.2.3 and new rights described in 5.4.2.4 in the public interest and in accordance with the Legislation which would apply if Settlement Land were Crown Land.

5.6.3
Where Category A Settlement Land is subject to an Existing Mineral Right or to a surface lease, existing at the date the affected land became Settlement Land, held by a Mineral Right holder, Government shall account for and pay to the affected Yukon First Nation as soon as practicable from time to time:

5.6.3.1
any Royalty received by Government for production after the date the land became Settlement Land in respect of that Existing Mineral Right; and

5.6.3.2
any non-refunded rents received by Government which were payable after the date the land became Settlement Land in respect of that Existing Mineral Right and of any surface lease, existing at the date the affected land became Settlement Land, held by a Mineral Right holder.

5.6.4
Where Category B Settlement Land or Fee Simple Settlement Land is subject to a surface lease, existing at the date the affected land became Settlement Land, held by a Mineral Right holder, Government shall account for and pay to the affected Yukon First Nation as soon as practicable from time to time, any non-refunded rents received by Government which were payable after the date the land became Settlement Land in respect of that existing surface lease held by the Mineral Right holder.

5.6.5
Subject to 5.6.3, 5.6.4 and 5.6.6, Government shall retain for its own benefit any fees, charges or other payments received in respect of any Encumbering Right.

5.6.6
Where Settlement Land is subject to a timber harvesting agreement existing at the date the land becomes Settlement Land, Government may agree in the Yukon First Nation Final Agreement to account for and pay to the affected Yukon First Nation any stumpage fee in respect of that timber harvesting agreement received by Government which is payable after the date the land becomes Settlement Land.

5.6.7
Government shall not have any fiduciary obligation to a Yukon First Nation for the exercise of any discretionary or other power in relation to the administration of any Encumbering Right.

5.6.8
Government shall indemnify and forever save harmless the Yukon First Nations from and against all suits and actions, causes of action, claims, demands, and damages by any Person arising from the continuing administration of the Encumbering Right by Government.

5.6.9
Government shall Consult with the affected Yukon First Nation before exercising any discretion to renew or replace an Encumbering Right, to issue a new Encumbering Right, or to set any Royalty, rent or fee described in 5.6.3, 5.6.4 and 5.6.6.

5.6.10
If Legislation is amended to authorize Government to increase the term permitted for an Encumbering Right, Government shall not increase the term of that Encumbering Right pursuant to that amendment without the prior consent of the affected Yukon First Nation.

5.6.11
Subject to the consent of the Minister, a Yukon First Nation and the holder of an Encumbering Right may agree that the right be cancelled and replaced by an interest provided by the Yukon First Nation.

5.6.12
The Minister may only refuse to consent under 5.6.11 if:

5.6.12.1
the holder of the Encumbering Right is in default of any obligation to Government or has outstanding unsatisfied liabilities to Government pursuant to the interest;

5.6.12.2
the Encumbering Right was granted under the Yukon Quartz Mining Act, R.S.C. 1985, c. Y-4 and there is no "Certificate of Improvements" issued thereunder or equivalent certificate issued under any successor Legislation;

5.6.12.3
the Encumbering Right is a claim granted under the Yukon Placer Mining Act, R.S.C. 1985, c. Y-3 and there is no plan of survey of the claim approved in accordance with that Act or equivalent approval under successor Legislation; or

5.6.12.4
there is a Person claiming an interest in the Encumbering Right.

5.7.0 Disclosure of Government Interests in Settlement Land

5.7.1
Government shall make best efforts to disclose to each Yukon First Nation, before its final land selections are signed by the negotiators for its Yukon First Nation Final Agreement, which, if any, of those lands are:

5.7.1.1
under the management, charge and direction of any department of Government listed in Schedule I of the Financial Administration Act, R.S.C. 1985, c. F-11, other than the Department of Indian Affairs and Northern Development, or of any entity in Schedule II or III of that Act;

5.7.1.2
subject to reservations made in the land records of the Northern Affairs Program, Department of Indian Affairs and Northern Development;

5.7.1.3
under the administration and control of the Commissioner and,

(a) under the management, charge and direction of any department of the Yukon as defined in the Financial Administration Act, R.S.Y. 1986, c. 65,

(b) subject to a reservation and notation made in the land records of the Lands Branch, Department of Community and Transportation Services, or

(c) occupied by any department of the Yukon as defined in the Financial Administration Act, R.S.Y. 1986, c. 65; or

5.7.1.4
any other land occupied by any department of the Yukon as defined in the Financial Administration Act, R.S.Y. 1986, c. 65.

5.7.2
For the purpose of 5.7.1 and 5.7.4, "disclose" means to provide Territorial Resource Base Maps at a scale of 1:20,000 or l:30,000 or Community Reference Plans indicating thereon the land described in 5.7.1 and accompanied by a list describing:

5.7.2.1
the department or entity having management, charge or direction of the land in 5.7.1.1;

5.7.2.2
the nature of the reservation in 5.7.1.2; and

5.7.2.3
the department having management, charge and direction of, or occupying, the land in 5.7.1.3(a) or (c), or 5.7.1.4 or the nature of the reservation in 5.7.1.3(b).

5.7.3
The obligation set out in 5.7.1 does not apply where the information described in 5.7.1 is publicly available in the Land Titles Office.

5.7.4
If Government or a Yukon First Nation becomes aware of any information described in 5.7.1 which has not been disclosed prior to that Yukon First Nation ratifying its Yukon First Nation Final Agreement and which is not publicly available in the Land Titles Office, that party shall provide the other with the information, whereupon Government shall declare

5.7.4.1
that:

(a) the department or entity does not have the management, charge or direction of the land,

(b) the reservation is cancelled, or

(c) the Commissioner does not have administration and control of the land,

as the case may be, and, as of the date of the declaration, the Settlement Land shall not be subject to such management, charge or direction, reservation or administration and control and no compensation shall be payable to the Yukon First Nation; or

5.7.4.2
in the cases of 5.7.1.2 or 5.7.1.3(b), that, with the agreement of the affected Yukon First Nation, the land described in 5.7.1.2 or 5.7.l.3(b) remains Settlement Land subject to the reservation and, as of the date of the declaration, Government shall provide compensation as determined pursuant to 7.5.0 to the Yukon First Nation for any diminution in the value of the Settlement Land resulting from the continuation of the reservation after the date of the declaration, and the Settlement Land shall be subject to the reservation.

5.7.5
For the purposes of 5.7.1 and 5.7.4:

5.7.5.1
Government in 5.7.1.1 means Canada;

5.7.5.2
Government in 5.7.1.2 means the Government for whose benefit the reservation was made; and

5.7.5.3
Government in 5.7.1.3 means the Yukon.

5.8.0 Beds of Waterbodies

5.8.1
Unless otherwise provided in the description referred to in 5.3.1, the portions of the Bed of a lake, river or other waterbody within the boundaries of a Parcel of Settlement Land shall be Settlement Land.

5.8.2
Unless otherwise provided in the description referred to in 5.3.1, the Bed of a lake, river or other waterbody which is contiguous with a boundary of a Parcel of Settlement Land shall not be Settlement Land.

5.9.0 Interests in Settlement Land - Less than Entire Interest in 5.4.1

5.9.1
Upon and subsequent to the happening of any of the following events:

5.9.1.1
the registration in the Land Titles Office of any interest in a Parcel of Settlement Land, less than the entire interest set out in 5.4.1.1(a) or 5.4.1.2;

5.9.1.2
the expropriation of any interest in a Parcel of Settlement Land, less than the entire interest set out in 5.4.1.1(a) or 5.4.1.2;

5.9.1.3
the granting of any interest in a Parcel of Settlement Land less than the entire interest in 5.4.1.1(a) or 5.4.1.2 to any Person not enrolled under that Yukon First Nation Final Agreement; or

5.9.1.4
the declaration of a reservation in a Parcel by Government pursuant to 5.7.4.2,

the interest registered, expropriated or granted or the reservation declared, as the case may be, shall take priority for all purposes over:

5.9.1.5
any aboriginal claims, rights, titles and interests of the Yukon First Nation and all persons eligible to be Yukon Indian People it represents, their heirs, descendants and successors; and

5.9.1.6
the right to harvest described in 16.4.2,

in or to the Parcel referred to in 5.9.1.1, 5.9.1.2, 5.9.1.3 and 5.9.1.4, as the case may be.

5.9.2
Each Yukon First Nation and all persons who are eligible to be Yukon Indian People it represents, their heirs, descendants and successors undertake not to exercise or assert:

5.9.2.1
any aboriginal claim, right, title or interest; or

5.9.2.2
any right to harvest described in 16.4.2, in or to any Parcel referred to in 5.9.1.1, 5.9.1.2, 5.9.1.3 and 5.9.1.4 which aboriginal claim, right, title or interest or right to harvest described in 16.4.2 is in conflict or inconsistent with the interest described in 5.9.1.1, 5.9.1.2 and 5.9.1.3, or the reservation declared in 5.9.1.4, as the case may be.

5.10.0 Interests in Settlement Land - Entire Interest

5.10.1
Each Yukon First Nation and all persons eligible to be Yukon Indian People it represents, shall be deemed to have ceded, released and surrendered to Her Majesty the Queen in Right of Canada all their aboriginal claims, rights, titles and interests, in and to the Parcels described hereunder and waters therein upon the happening of any of the following events:

5.10.1.1
the registration in the Land Titles Office of the fee simple title in that Parcel of Settlement Land;

5.10.1.2
the expropriation of the fee simple title in that Parcel of Settlement Land; or

5.10.1.3
the granting of the fee simple interest in that Parcel of Settlement Land.

5.10.2
A Yukon First Nation shall be deemed to have been granted immediately before the happening of an event described in 5.10.1.1, 5.10.1.2 or 5.10.1.3 for that Parcel:

5.10.2.1
if Category A Settlement Land, fee simple title excepting the Mines and Minerals and the Right to Work the Mines and Minerals, subject to,

(a) the reservations and exceptions set out in 5.4.2, other than 5.4.2.6, and

(b) the reservations to the Crown and exceptions which apply to a grant of federally administered Crown Land under the Territorial Lands Act, R.S.C. 1985, c. T-7 other than the reservations set out in paragraphs 13(a) and (b) and 15(a) of that Act; and

5.10.2.2
if Category B Settlement Land, fee simple title reserving to the Crown therefrom the Mines and Minerals and the Right to Work the Mines and Minerals but including the Specified Substances Right, subject to,

(a) the reservations and exceptions set out in 5.4.2, and

(b) the reservations to the Crown and exceptions which apply to a grant of federally administered Crown Land under the Territorial Lands Act, R.S.C. 1985, c. T-7 other than the reservations set out in paragraphs 13(a) and (b) and 15(a) of that Act.

5.10.3
The interest in Fee Simple Settlement Land set out in 5.4.1.3 shall be deemed to be subject to the reservations to the Crown and exceptions which would apply to a grant of federally administered Crown Land under the Territorial Lands Act, R.S.C. 1985, c. T-7, other than the reservations set out in paragraphs 13(a) and (b) and 15(a) of that Act, upon the happening of either of the following events:

5.10.3.1
the expropriation of the fee simple title in a Parcel of Settlement Land; or

5.10.3.2
the granting by a Yukon First Nation of its fee simple title in that Parcel of Settlement Land.

5.11.0 Land Ceasing to be Settlement Land

5.11.1
Except for purposes of Chapter 23 - Resource Royalty Sharing, where a Yukon First Nation becomes divested, either voluntarily or involuntarily, of all its interest in land set out in 5.4.1.1(a) in a Parcel of Category A Settlement Land, but retains some or all of its interest in the Mines and Minerals in that Parcel, that Parcel and the retained interest in the Mines and Minerals in that Parcel shall cease to be Settlement Land.

5.11.2
Where a Yukon First Nation becomes divested, either voluntarily or involuntarily, of all its interest in land set out in 5.4.1.1(a), 5.4.1.2 or 5.4.1.3 in a Parcel of Settlement Land, that Parcel shall cease to be Settlement Land.

5.12.0 Reacquisition

5.12.1
Where land which is or was subject to the operation of 5.10.0 is reacquired by a Yukon First Nation in fee simple, whether including or excluding the Mines and Minerals, that Yukon First Nation may declare the land to be Settlement Land and thereafter the land shall be Settlement Land of the following category:

5.12.1.1
Category A Settlement Land when Mines and Minerals are included and the land had previously been Category A Settlement Land;

5.12.1.2
Category B Settlement Land when Mines and Minerals other than Specified Substances are not included and the land had previously been Category B Settlement Land; or

5.12.1.3
Fee Simple Settlement Land when Mines and Minerals other than Specified Substances are not included and the land had previously been Fee Simple or Category A Settlement Land, except that the cession, release and surrender of any aboriginal claim, right, title or interest in respect of the land shall not be affected.

5.13.0 Deregistration

5.13.1
A Yukon First Nation may deregister a Parcel of Category A Settlement Land which is registered in the Land Titles Office and is free and clear of any interest in land recognized in Law, other than:

5.13.1.1
he reservations and exceptions set out in 5.4.2; and

5.13.1.2
the reservations to the Crown and exceptions which apply to a grant of federally administered Crown Land under the Territorial Lands Act, R.S.C. 1985, c. T-7 other than the reservations set out in paragraphs 13(a) and (b) or 15(a) of that Act.

5.13.2
A Yukon First Nation may deregister a Parcel of Category B Settlement Land which is registered in the Land Titles Office and is free and clear of any interest in land recognized in Law other than:

5.13.2.1
the reservations and exceptions set out in 5.4.2; and

5.13.2.2
the reservations to the Crown and exceptions which apply to a grant of federally administered Crown Land under the Territorial Lands Act, R.S.C. 1985, c. T-7.

5.13.3
Deregistration pursuant to 5.13.1 and 5.13.2 shall not affect the cession, release and surrender of any aboriginal claim, right, title or interest in respect of that Parcel.

5.14.0 Proposed Site Specific Settlement Land

5.14.1
Subject to 5.14.2, the provisions of 2.5.0 and 5.4.1 shall not apply to Proposed Site Specific Settlement Land, and Proposed Site Specific Settlement Land shall not be considered Settlement Land for any purpose.

5.14.2
Subject to 5.14.3, the provisions of 2.5.0 shall apply to Proposed Site Specific Settlement Land and 5.4.1 shall apply to Site Specific Settlement Land on the same date the plan of survey is confirmed in accordance with Chapter 15 - Definition of Boundaries and Measurement of Areas of Settlement Land, and the Site Specific Settlement Land shall thereupon be Settlement Land for all purposes.

5.14.3
Where there is more than one Parcel of Site Specific Settlement Land to be selected in one or more Parcels of Proposed Site Specific Settlement Land bearing the same "S" number, 5.14.2 shall not apply until the plan of the last Parcel of Site Specific Settlement Land in the last Parcel of Proposed Site Specific Settlement Land bearing the same "S" number has been confirmed in accordance with Chapter 15 - Definition of Boundaries and Measurement of Areas of Settlement Land.

5.14.4
Any orders made under the Territorial Lands Act, R.S.C. 1985, c. T-7, the Yukon Quartz Mining Act, R.S.C. 1985, c. Y-4, the Yukon Placer Mining Act, R.S.C. 1985, c. Y-3 or the Lands Act, R.S.Y. 1986, c. 99 withdrawing Proposed Site Specific Settlement Land on the Effective Date of the Yukon First Nation's Final Agreement shall be continued until the provisions of 2.5.0 apply to that land.

5.15.0 Waterfront Right-of-Way

5.15.1
Unless otherwise agreed in a Yukon First Nation Final Agreement on a case by case basis, there shall be a Waterfront Right-of-Way 30 metres in width measured landward from the Natural Boundaries within Settlement Land of all Navigable Waters which abut or are within Settlement Land.

Specific Provision

5.15.1.1
Any exception to the Waterfront Right-of-Way referred to in 5.15.1 is set out as a special condition in Appendix A - Settlement Land Descriptions, attached to this Agreement.

5.15.2
The uses allowed upon and the width of the Waterfront Right-of-Way may be varied in a Yukon First Nation Final Agreement to accommodate special circumstances.

Specific Provision

5.15.2.1
Any variation referred to in 5.15.2 is set out as a special condition in Appendix A - Settlement Land Descriptions, attached to this Agreement.

5.15.3
Subject to 6.1.6, any Person has a right of access without the consent of the affected Yukon First Nation to use a Waterfront Right-of-Way for travel and for non-commercial recreation including camping and sport fishing, and to use standing dead or deadfall firewood incidental to such use.

5.15.4
Except for hunting Migratory Game Birds if permitted by and in accordance with Law, the right of access in 5.15.3 shall not be construed to permit Harvesting Wildlife at any time on Category A or Fee Simple Settlement Land.

5.15.5
Any Person has a right of access to use a Waterfront Right-of-Way for commercial recreation purposes with the consent of the affected Yukon First Nation or failing consent, with an order of the Surface Rights Board setting out the terms and conditions of the access.

5.15.6
The Surface Rights Board shall not make an order under 5.15.5 unless the Person seeking access satisfies the Board that:

5.15.6.1
such access is reasonably required; and

5.15.6.2
such access is not also practicable and reasonable across Crown Land.

5.15.7
Subject to 5.15.8, no Person shall establish any permanent camp or structure on a Waterfront Right-of-Way without the consent of Government and the affected Yukon First Nation.

5.15.8
A Yukon First Nation has a right to establish a permanent camp or structure on a Waterfront Right-of-Way on its Settlement Land, provided that:

5.15.8.1
the permanent camp or structure does not substantially alter the public right of access under 5.15.3; or

5.15.8.2
there is a reasonable alternate public right of access for the purposes set out in 5.15.3.

5.15.9
Any dispute as to whether the conditions set out in 5.15.8.1 and 5.15.8.2 are met may be referred to the Surface Rights Board by Government or the affected Yukon First Nation.

5.15.10
For purposes of 5.15.9, the Surface Rights Board shall have all the powers of an arbitrator under 26.7.3.

5.16.0 Notations for Hydro-electric and Water Storage Projects

5.16.1
Government shall identify to Yukon First Nations, before final land selections are signed by the negotiators for all parties to a Yukon First Nation Final Agreement, those areas proposed for future hydro-electric and water storage projects.

5.16.2
When land identified pursuant to 5.16.1 forms part of Settlement Land, a notation shall be made in the description of that land pursuant to 5.3.1 that such land is proposed for hydro-electric and water storage projects.

5.16.3
If any Parcel of Settlement Land bearing the notation referred to in 5.16.2 is registered in the Yukon Land Titles Office, the notation shall be noted on the title by way of caveat.

5.16.4
Chapter 7 - Expropriation shall apply to the expropriation of any land bearing such notation or caveat.






Chapter 6 - Access

6.1.0 General

6.1.1
Laws of General Application in respect of access to and use incidental thereto, of privately held land shall apply to Settlement Land, except as altered by a Settlement Agreement.

6.1.2
Government and a Yukon First Nation may agree in a Yukon First Nation Final Agreement or from time to time after the Effective Date of a Yukon First Nation Final Agreement to amend, revoke or reinstate a right of access provided by a Settlement Agreement to address special circumstances in respect of a specific Parcel of Settlement Land.

6.1.3
A Yukon First Nation owes the same duty of care to a Person exercising a right of access on Undeveloped Settlement Land pursuant to Settlement Agreements as the Crown owes to a Person on unoccupied Crown Land.

6.1.4
Nothing in this chapter imposes an obligation on a Yukon First Nation or Government to manage or maintain any trail or other route of access.

6.1.5
Any Person may enter upon Settlement Land in an emergency but when damage is caused, the Person shall report to the affected Yukon First Nation the location thereof as soon as practicable thereafter and shall be liable for significant damage to Settlement Land or to any improvement on Settlement Land as a result of the entry.

6.1.6
A right of access provided by 5.15.3, 6.3.1 and 6.3.2 is subject to the conditions that there shall be no:

6.1.6.1
significant damage to Settlement Land or to improvements on Settlement Land;

6.1.6.2
mischief committed on Settlement Land;

6.1.6.3
significant interference with the use and peaceful enjoyment of Settlement Land by the Yukon First Nation;

6.1.6.4
fee or charge payable to the affected Yukon First Nation; or

6.1.6.5
compensation for damage other than for significant damage.

6.1.7
A Person who fails to comply with the conditions in 6.1.6.1, 6.1.6.2, or 6.1.6.3 shall be considered a trespasser with respect to that incident of access.

6.1.8
Government and a Yukon First Nation may agree from time to time to designate Undeveloped Settlement Land to be Developed Settlement Land and Developed Settlement Land to be Undeveloped Settlement Land.

Specific Provision

6.1.8.1
The designation of Vuntut Gwitchin First Nation Settlement Land as Developed Settlement Land as of the Effective Date of this Agreement is set out in Appendix A - Settlement Land Descriptions, attached to this Agreement.

6.1.9
Subject to Chapter 7 - Expropriation, unless the affected Yukon First Nation otherwise agrees, any route of access on Settlement Land which may be established or improved after the Effective Date of the affected Yukon First Nation's Final Agreement shall remain Settlement Land and shall not be designated by operation of law or otherwise, as a highway or public road, notwithstanding that the route is established or improved:

6.1.9.1
for the benefit of any Person; or

6.1.9.2
using funds or other resources provided directly or indirectly by Government for the establishment or improvement of such route.

6.2.0 Access to Crown Land

6.2.1
A Yukon Indian Person has and a Yukon First Nation has a right of access without the consent of Government to enter, cross and stay on Crown Land and to use Crown Land incidental to such access for a reasonable period of time for all non-commercial purposes if:

6.2.1.1
the access is of a casual and insignificant nature; or

6.2.1.2
the access is for the purpose of Harvesting Fish and Wildlife in accordance with Chapter 16 - Fish and Wildlife.

6.2.2
A Yukon Indian Person has and a Yukon First Nation has a right of access without the consent of Government to cross and make necessary stops on Crown Land to reach adjacent Settlement Land for commercial purposes if:

6.2.2.1
the access is of a casual and insignificant nature; or

6.2.2.2
the route used is a traditional route of Yukon Indian People or of a Yukon First Nation or is generally recognized and is being used for access on a regular basis, whether year round or intermittently, and the exercise of the right of access does not result in a significant alteration in the use being made of that route.

6.2.3
A right of access in 6.2.1 or 6.2.2 does not apply to Crown Land:

6.2.3.1
which is subject to an agreement for sale or a surface licence or lease except,

(a) to the extent the surface licence or lease permits public access, or

(b) where the holder of the interest allows access; or

6.2.3.2
where access or use by the public is limited or prohibited.

6.2.4
A right of access provided by 6.2.1 or 6.2.2 shall be subject to the conditions that there shall be no:

6.2.4.1
significant damage to the land or to improvements on the land;

6.2.4.2
mischief committed on the land;

6.2.4.3
significant interference with the use and peaceful enjoyment of the land by other Persons;

6.2.4.4
fee or charge payable to Government; or

6.2.4.5
compensation for damage other than significant damage.

6.2.5
A Yukon Indian Person or Yukon First Nation who fails to comply with the conditions in 6.2.4.1, 6.2.4.2 or 6.2.4.3 shall forfeit the rights provided in 6.2.1 or 6.2.2, as the case may be, with respect to that incident of access.

6.2.6
A Yukon First Nation or any Person to whom rights have been granted by a Yukon First Nation in respect of the exploration or development of Mines and Minerals in Category A Settlement Land shall have the same rights of access to Non-Settlement Land and the use thereof incidental to such access as any other Person has for the same purpose.

6.2.7
Government shall not alienate Crown Land abutting any block of Settlement Land so as to deprive that block of Settlement Land of access from adjacent Crown Land or from a highway or public road.

6.2.8
Nothing in this chapter shall be construed so as to deprive Yukon Indian People or a Yukon First Nation of the rights or privileges of access to Crown Land available to the public.

6.3.0 General Access

6.3.1
A Person has a right of access, without the consent of the affected Yukon First Nation, to enter, cross and make necessary stops on Undeveloped Settlement Land to reach adjacent Non-Settlement Land for commercial and non-commercial purposes if:

6.3.1.1
the access is of a casual and insignificant nature; or

6.3.1.2
the route used is generally recognized and was being used for access on a regular basis, whether year round or intermittently, either,

(a) prior to public notification of the final land selection for that Yukon First Nation's Final Agreement, or

(b) where the land becomes Settlement Land after the Effective Date of the Yukon First Nation Final Agreement, on the date the land became Settlement Land, on the condition that the exercise of the right of access does not result in a significant alteration being made of that route.

6.3.2
A Person has a right of access without the consent of the affected Yukon First Nation to enter, cross and stay on Undeveloped Settlement Land for a reasonable period of time for all non-commercial recreational purposes.

6.3.3
Where no right of access is provided by a Settlement Agreement, a Person has a right of access to enter, cross and make necessary stops on Undeveloped Settlement Land to reach adjacent land for commercial and non-commercial purposes with the consent of the Yukon First Nation or, failing consent, with an order of the Surface Rights Board setting out the terms and conditions of access

6.3.4
The Surface Rights Board shall not make an order under 6.3.3 unless the Person seeking access satisfies the Board that:

6.3.4.1
such access is reasonably required; and

6.3.4.2
such access is not also practicable and reasonable across Crown Land.

6.3.5
Subject to 6.3.6 and 5.6.0, the holder of a licence, permit or other right of access to or across Settlement Land for commercial or non-commercial purposes, which was in existence either:

6.3.5.1
on the Effective Date of the Yukon First Nation's Final Agreement; or

6.3.5.2
where the land becomes Settlement Land after the Effective Date of a Yukon First Nation's Final Agreement, on the date the land became Settlement Land, shall be entitled to exercise the rights granted by the licence, permit or other right of access including those granted by a renewal or replacement thereof as if the land had not become Settlement Land.

6.3.6
Any change in the terms or conditions relating to access of a licence, permit or other right of access described in 6.3.5, other than a renewal or replacement thereof shall require the consent of the affected Yukon First Nation or, failing consent, an order of the Surface Rights Board setting out the terms and conditions of access.

6.3.7
A Yukon First Nation or any Person may refer a dispute concerning the interpretation, application or alleged violation of 6.3.1, 6.3.2 or of any condition established pursuant to 6.6.0 affecting 6.3.1 or 6.3.2 to the Surface Rights Board for resolution.

6.3.8
The parties to a Yukon First Nation Final Agreement may agree therein to limit the application of 6.3.1.2 in respect of any particular route.

6.3.9
Nothing in this chapter shall be construed to provide a right to harvest Fish and Wildlife.

6.4.0 Government Access

6.4.1
Government, its agents and contractors shall have a right of access to enter, cross and stay on Undeveloped Settlement Land and use natural resources incidental to such access to deliver, manage and maintain Government programs and projects, including but not limited to the necessary alterations of land and watercourses by earthmoving equipment for routine and emergency maintenance of transportation corridors.

6.4.2
Person authorized by Law to provide utilities for public purposes including electricity, telecommunications and municipal services shall have a right of access to enter, cross and stay on Undeveloped Settlement Land to carry out site investigations, assessments, surveys and studies in relation to proposed services after Consultation with the affected Yukon First Nation prior to exercising such access.

6.4.3
The right of access provided in 6.4.1 and 6.4.2 shall be subject to the conditions that there shall be no:

6.4.3.1
mischief committed on the Settlement Land;

6.4.3.2
fee or charge payable to the affected Yukon First Nation; or

6.4.3.3
unnecessary interference with the use and peaceful enjoyment of its Settlement Land by the Yukon First Nation.

6.4.4
Any Person exercising a right of access pursuant to 6.4.1 and 6.4.2 shall be liable only for significant damage to Settlement Land and any improvements on Settlement Land caused by the exercise of such right of access. Significant damage does not include necessary alteration of Settlement Land or watercourses required to maintain transportation corridors referred to in 6.4.1.

6.4.5
The right of access provided in 6.4.1 and 6.4.2 may be exercised:

6.4.5.1
for a period of no more than 120 consecutive days for any single program or project without the consent of the affected Yukon First Nation except that notice, where reasonable, shall be given; and

6.4.5.2
for a period of more than 120 consecutive days with the consent of the affected Yukon First Nation or, failing consent, with an order of the Surface Rights Board setting out the terms and conditions of access.

6.4.6
The Surface Rights Board shall not make an order under 6.4.5.2 unless the Person seeking access satisfies the Board that:

6.4.6.1
such access is reasonably required; and

6.4.6.2
such access is not also practicable and reasonable across Crown Land.

6.4.7
Nothing in this chapter shall be construed to limit the lawful authority of Government to carry out inspections and enforce Law on Settlement Land.

6.5.0 Military Access

6.5.1
In addition to the right of access provided by 6.4.1, the Department of National Defence has a right of access to Undeveloped Settlement Land for military manoeuvres with the consent of the affected Yukon First Nation with respect to contact persons, areas, timing, environmental protection, protection of Wildlife and habitat, land use rent, and compensation for damage caused to Settlement Land and improvements and personal property thereon, or, failing consent, with an order of the Surface Rights Board as to terms and conditions with respect to such matters.

6.5.2
Nothing in 6.5.1 shall be construed to limit the authority of the Department of National Defence to enter, cross, stay on or use Undeveloped Settlement Land in accordance with the National Defence Act, R.S.C. 1985, c. N-5.

6.5.3
Government shall give reasonable advance notice of military exercises or operations to inhabitants of any area to be affected.

6.6.0 Conditions of Access

6.6.1
If a Yukon First Nation wishes to establish terms and conditions for the exercise of a right of access provided:

6.6.1.1
by 5.15.3, 6.3.1, 6.3.2, 16.11.12, 18.3.1, 18.4.1 or 18.4.2; or

6.6.1.2
by 6.4.1 or 6.4.2 where the right of access is for a period of no more than 120 consecutive days,

the Yukon First Nation and Government shall attempt to negotiate the terms and conditions.

6.6.2
Failing agreement pursuant to 6.6.1, the Yukon First Nation may refer the matter to the Surface Rights Board. The Surface Rights Board may establish terms and conditions only for the exercise of a right of access which specify seasons, times, locations, method or manner of access.

6.6.3
Unless Government and the affected Yukon First Nation otherwise agree, a condition established pursuant to 6.6.2 affecting the exercise of a right of access shall be established only to:

6.6.3.1
protect the environment;

6.6.3.2
protect Fish and Wildlife or their habitat;

6.6.3.3
reduce conflicts with traditional and cultural uses of Settlement Land by the Yukon First Nation or a Yukon Indian Person; or

6.6.3.4
protect the use and peaceful enjoyment of land used for communities and residences.

6.6.4
A condition established pursuant to 6.6.2 affecting the exercise of a right of access shall not:

6.6.4.1
restrict law enforcement or any inspection authorized by Law;

6.6.4.2
impose a fee or charge for the exercise of that right of access; or

6.6.4.3
unreasonably restrict that right of access.






Chapter 7 - Expropriation

7.1.0 Objective

7.1.1
The objective of this chapter is, in recognition of the fundamental importance of maintaining the geographic integrity of Settlement Land, to ensure that development requiring expropriation shall avoid Settlement Land where possible and practicable.

7.2.0 Definitions

In this chapter, the following definitions shall apply.

"Affected Yukon First Nation" means the Yukon First Nation whose Settlement Land is being acquired or expropriated by an Authority pursuant to this chapter.

"Authority" means Government or any other entity authorized by Legislation to expropriate Land.

"Cost of Construction" for a proponent in respect of a hydro-electric or water storage project means the cost of construction of civil structures; cost of reservoir and site clearing; cost of construction of access; electrical and mechanical costs; cost of construction of transmission to grid; design, including the cost of socioeconomic and environmental studies required for the project application; and, engineering and construction management costs.

"Land" includes any interest in land recognized in Law.

"Settlement Land" includes any interest in Settlement Land recognized in Law.

7.3.0 General

7.3.1
This chapter applies only to the expropriation of an interest in Settlement Land recognized in Law and held by a Yukon First Nation.

7.4.0 Procedures for Expropriation

7.4.1
An Authority shall negotiate with the Affected Yukon First Nation the location and extent of Settlement Land to be acquired or expropriated.

7.4.2
Subject to this chapter, an Authority may expropriate Settlement Land in accordance with Laws of General Application.

7.4.3
When agreement of the Affected Yukon First Nation pursuant to 7.4.1 is not obtained, the following procedures shall apply:

7.4.3.1
any expropriation of Settlement Land shall require the approval of the Governor in Council or the Commissioner in Executive Council as the case may be;

7.4.3.2
notice of the intention of any Authority to seek approval under 7.4.3.1 shall be given to the Affected Yukon First Nation by the Authority; and

7.4.3.3
notice of the intention shall not be given until the public hearing process under 7.6.0 or the public hearing in accordance with Legislation has been completed.

7.5.0 Procedures for Compensation

7.5.1
An Authority shall negotiate with the Affected Yukon First Nation compensation for Settlement Land being expropriated or acquired, pursuant to this chapter.

7.5.2
hen the agreement of the Affected Yukon First Nation pursuant to 7.5.1 is not obtained, the following provisions shall apply:

7.5.2.1
the Surface Rights Board shall determine any dispute over compensation upon an application by either the Authority or Affected Yukon First Nation, except where the expropriation is pursuant to the National Energy Board Act, R.S.C. 1985, c. N-7;

7.5.2.2
compensation ordered by the Surface Rights Board may be,

(a) upon request by the Affected Yukon First Nation, and, if available and identified by the Affected Yukon First Nation, Land of the Authority within the Traditional Territory of the Affected Yukon First Nation,

(b) money,

(c) other forms of compensation, or

(d) any combination of above;

7.5.2.3
when the Affected Yukon First Nation requests Land to be all or part of the compensation, the Surface Rights Board shall,

(a) determine whether the Authority holds Land identified by the Affected Yukon First Nation which is within its Traditional Territory and whether that Land is available,

(b) determine the value, in accordance with 7.5.2.7, of the Authority's Land which is available,

(c) order the Authority to transfer to the Affected Yukon First Nation the amount of available Land necessary to provide compensation, and

(d) subject to 7.5.2.4, where Land transferred to the Affected Yukon First Nation pursuant to 7.5.2.3(c) and 7.5.2.4(c) is not sufficient to provide compensation in Land as requested, order the balance of compensation to be in the form of 7.5.2.2(b), or (c), or both;

7.5.2.4
if the expropriating Authority is not Government and the Surface Rights Board has determined there is not sufficient available Land for the purposes of 7.5.2.3,

(a) the Board shall so notify Government and thereafter Government shall be a party to the proceedings,

(b) the Board shall determine whether Government holds available Land which is contiguous to the Settlement Land and within the Affected Yukon First Nation's Traditional Territory, whether that Land is available and if so the value of that available Land in accordance with 7.5.2.7,

(c) the Board shall order Government to transfer to the Affected Yukon First Nation available Land up to the value, which in addition to the value of Land provided under 7.5.2.3, is necessary to provide compensation in Land as requested by the Affected Yukon First Nation under 7.5.2.3, and

(d) the Authority shall pay to Government the value of the Land provided under 7.5.2.4 (c) and all costs of Government associated with the transfer;

7.5.2.5
the Surface Rights Board shall consider the matters set out in 8.4.1 when assessing the value of expropriated Settlement Land;

7.5.2.6
Land is not available for the purposes of 7.5.2.3 or 7.5.2.4, if it is,

(a) Land subject to an agreement for sale or a lease containing an option to purchase, unless both Government and the Person holding such an interest in the Land consent,

(b) Land subject to a lease, unless both Government and the lessee consent,

(c) a highway or highway right-of-way,

(d) Land within 30 metres of the boundary line between the Yukon and Alaska, the Yukon and Northwest Territories, and the Yukon and British Columbia,

(e) Land determined by the Surface Rights Board to be occupied or used by the expropriating Authority, any federal or territorial department or agency, or by a municipal government except with the consent of that expropriating Authority, department, agency or municipal government,

(f) Land determined by the Surface Rights Board to be required for future use by the expropriating Authority, any federal or territorial department or agency, or by a municipal government except with the consent of that expropriating Authority, department, agency or municipal government,

(g) Land which the Surface Rights Board determines would, if provided to a Yukon First Nation, unreasonably limit the expansion of Yukon communities,

(h) Land which the Surface Rights Board determines would, if provided to a Yukon First Nation, unreasonably limit access for any Person to Navigable Water or highways, or

(i) such other Land as the Surface Rights Board in its discretion determines is not available;

7.5.2.7
in determining the value of the Land to be provided by an Authority, the Surface Rights Board shall consider, in addition to the market value of the Land,

(a) the value of Fish and Wildlife Harvesting and of gathering to the Affected Yukon First Nation,

(b) any potential effect of the Land to be provided by an Authority upon other Settlement Land of the Affected Yukon First Nation,

(c) any cultural or other special value of the Land to the Affected Yukon First Nation, and

(d) such other factors as may be permitted by the Legislation establishing the Board;

7.5.2.8
Land provided or ordered as compensation under this chapter, which is within the Traditional Territory of the Affected Yukon First Nation, shall be transferred to the Affected Yukon First Nation in fee simple and shall, in accordance with 7.5.2.9, be designated as,

(a) Category A Settlement Land when Mines and Minerals are included, or

(b) Category B Settlement Land or Fee Simple Settlement Land when Mines and Minerals are not included;

7.5.2.9
prior to making an order under 7.5.2.3(c) or 7.5.2.4(c), the designation of Land under 7.5.2.8(b), and the designation of the acquired Land as Developed Settlement Land or Undeveloped Settlement Land shall be determined,

(a) by agreement between the Affected Yukon First Nation and Government, or

(b) failing agreement, by the Surface Rights Board; and 7.5.2.10 the designation of Land provided as compensation shall not affect any surrender in respect of such Land.

7.5.3
Nothing in this chapter prevents the Authority and the Affected Yukon First Nation from agreeing that Land outside of the Traditional Territory of the Affected Yukon First Nation be part of compensation for expropriation. Land outside the Affected Yukon First Nation's Traditional Territory shall not become Settlement Land, unless otherwise agreed to by Government, the Affected Yukon First Nation and the Yukon First Nation in whose Traditional Territory the Land is located.

7.6.0 Public Hearings

7.6.1
Where an Affected Yukon First Nation objects to an expropriation, there shall be a public hearing in respect of the location and extent of the Land to be acquired. The procedure for the public hearing shall include the following:

7.6.1.1
notice to the Affected Yukon First Nation and the public;

7.6.1.2
an opportunity for the Affected Yukon First Nation and the public to be heard;

7.6.1.3
discretion in the holder of the hearing to award costs, including interim costs, to the Affected Yukon First Nation; and

7.6.1.4
the preparation and submission of a report by the hearing panel to the Minister.

7.6.2
Nothing in this chapter shall be construed to eliminate or duplicate any legislative requirement for a public hearing in respect of expropriation.

7.7.0 Expropriation pursuant to the National Energy Board Act

7.7.1
Where Settlement Land is expropriated pursuant to the National Energy Board Act, R.S.C. 1985, c. N-7, this chapter applies except that the powers of the Surface Rights Board shall be exercised by the board, committee, panel or other body authorized by the National Energy Board Act, R.S.C. 1985, c. N-7 to settle disputes in respect of expropriation.

7.7.2
The board, committee, panel or other body referred to under 7.7.1 shall include at least one nominee of the Affected Yukon First Nation.

7.8.0 Expropriation for Hydro-electric and Water Storage Projects

7.8.1
Government may identify on maps described in 5.3.1 no more than 10 sites for a hydro-electric or water storage project in the Yukon.

7.8.2
Sites shall be identified pursuant to 7.8.1 in a Yukon First Nation's Traditional Territory before that Yukon First Nation's final land selection is signed by the negotiators to that Yukon First Nation's Final Agreement.

7.8.3
An Authority exercising a Flooding Right over Settlement Land identified pursuant to 7.8.1 and 7.8.2 shall pay compensation to the Affected Yukon First Nation for improvements only, provided the sum of such compensation to all Affected Yukon First Nations for that hydro-electric or water storage project shall not exceed three percent of the Cost of Construction of the project.

7.8.4
An Authority exercising a Flooding Right over Settlement Land, other than for those sites identified pursuant to 7.8.1 and 7.8.2, shall pay compensation pursuant to this chapter except that in assessing compensation for Land and improvements, the Surface Rights Board shall not consider 8.4.1.8 or 7.5.2.7(c) and the sum of such compensation to all Affected Yukon First Nations for all improvements shall not exceed three percent of the Cost of Construction of that hydro-electric or water storage project.






Chapter 8 - Surface Rights Board

8.1.0 General

8.1.1
A Surface Rights Board ("the Board") shall be established pursuant to Legislation enacted no later than the effective date of Settlement Legislation.

8.1.2
The Minister shall appoint an even number of persons, no greater than 10, to the Board, one-half of which shall be nominees of the Council for Yukon Indians.

8.1.3
In addition to the persons appointed pursuant to 8.1.2, the Minister shall appoint, upon the recommendation of the Board, an additional person as a member of the Board who shall serve as chairperson.

8.1.4
The Surface Rights Board Legislation shall provide that:

8.1.4.1
applications to the Board shall be heard and decided by panels of three members of the Board;

8.1.4.2
where an application is in respect of Settlement Land, one member of the panel shall be a member nominated to the Board by the Council for Yukon Indians;

8.1.4.3
notwithstanding 8.1.4.1 and 8.1.4.2, any dispute may be heard and decided by one member of the Board, with the consent of the parties to the dispute; and

8.1.4.4
any order of a panel referred to in 8.1.4.1 or of one member referred to in 8.1.4.3 shall be considered an order of the Board.

8.1.5
To the extent an order of the Board is in conflict with:

8.1.5.1
a Decision Document that the Decision Body is empowered to implement; or

8.1.5.2
any requirement imposed pursuant to any Legislation regulating the activity for which the access is obtained, but not the access itself, the Decision Document or the requirement shall prevail to the extent of that conflict whether the order was issued before or after the Decision Document or requirement.

8.1.6
Amendments to the Yukon Quartz Mining Act, R.S.C. 1985, c. Y-4 and the Yukon Placer Mining Act, R.S.C. 1985, c. Y-3 shall be made to conform with the provisions of this chapter.

8.1.7
An order of the Board shall be enforceable in the same manner as if it were an order of the Supreme Court of the Yukon.

8.1.8
A right of access to Settlement Land under an interim order shall not be exercised until the Person relying upon the interim order has paid to the affected Yukon First Nation, and to any affected interest holder designated by the Board, an entry fee, plus any interim compensation ordered by the Board.

8.1.9
Before any matter is referred to the Board, the parties to any proceeding pursuant to 8.2.1 shall first attempt to negotiate an agreement.

8.2.0 Jurisdiction of the Board

8.2.1
The Board shall have jurisdiction to hear and determine:

8.2.1.1
ny matter referred to the Board by a Settlement Agreement;

8.2.1.2
on Non-Settlement Land, a dispute between a Person, other than Government, with an interest or right in the surface and a Person, other than Government, with a right of access to or interest in the Mines and Minerals therein and thereunder; and

8.2.1.3
such other matters as may be set out in the Legislation establishing the Board.

8.3.0 Powers and Responsibilities of the Board

8.3.1
In any proceeding before the Board pursuant to 8.2.1, it shall have the following powers and responsibilities:

8.3.1.1
to establish the terms and conditions of a right of access or use referred to the Board, whether or not compensation is included;

8.3.1.2
to award compensation for the exercise of a right of access or use of the surface, and for damage resulting from access or use of the surface, and from the activities of the Person having the interest in the Mines and Minerals and to specify the time and method of payment thereof subject to exceptions, limitations and restrictions set out in a Settlement Agreement, and to determine the amount of such compensation;

8.3.1.3
to determine compensation for Settlement Land expropriated and to carry out the responsibilities set out in Chapter 7 - Expropriation;

8.3.1.4
to determine, where required by a Settlement Agreement, whether access is reasonably required and whether that access is not also practicable and reasonable across Crown Land;

8.3.1.5
to designate the route of access on Settlement Land determined least harmful to the interest of the affected Yukon First Nation while being reasonably suitable to the Person wishing access;

8.3.1.6
to award costs, including interim costs;

8.3.1.7
to grant an interim order in respect of any matter in 8.3.1.1, 8.3.1.2, 8.3.1.3 or 8.3.1.5 where the Board has not heard all the evidence or completed its deliberation in respect of that matter;

8.3.1.8
except for a matter in respect of expropriation or acquisition of Settlement Land under Chapter 7 - Expropriation, to review periodically, any order of the Board, upon application by any party to the proceedings, where there has been a material change since the Board made the order;

8.3.1.9
after a review is completed under 8.3.1.8, to affirm, amend or terminate any order of the Board;

8.3.1.10
to prescribe rules and procedures to govern any negotiations required before a matter is referred to the Board; and

8.3.1.11
such additional powers and responsibilities as may be set out in the Legislation establishing the Board.

8.3.2
An order of the Board may include:

8.3.2.1
the hours, days and times of the year during which access or use of the surface may be exercised;

8.3.2.2
notice requirements;

8.3.2.3
limitations on the location of use and the route of access;

8.3.2.4
limitations on equipment;

8.3.2.5
abandonment requirements and restoration work;

8.3.2.6
a requirement to provide security in the form of a letter of credit, guarantee or indemnity bond, insurance or any other form of security satisfactory to the Board;

8.3.2.7
rights of inspection or verification;

8.3.2.8
a requirement to pay the entry fee payable to the affected Yukon First Nation;

8.3.2.9
a requirement to pay to the affected Yukon First Nation the compensation determined;

8.3.2.10
limitations on the number of Persons and on the activities which may be carried out by Persons; and

8.3.2.11
such other terms and conditions as may be permitted by the Legislation establishing the Board.

8.4.0 Compensation

8.4.1
In determining the amount of compensation for the affected Yukon First Nation for access to, use of, or expropriation of Settlement Land, the Board shall consider:

8.4.1.1 the market value of the interest in the Settlement Land;

8.4.1.2
any loss of use, loss of opportunity, or interference with the use of the Settlement Land;

8.4.1.3
any impact on Fish and Wildlife Harvesting within Settlement Land;

8.4.1.4
any impact on Fish and Wildlife and their habitat within Settlement Land;

8.4.1.5
any impact upon other Settlement Land;

8.4.1.6
any damage which may be caused to the Settlement Land;

8.4.1.7
any nuisance, inconvenience, and noise;

8.4.1.8
any cultural or other special value of the Settlement Land to the affected Yukon First Nation;

8.4.1.9
the expense associated with the implementation of any order of the Board; and

8.4.1.10
such other factors as may be permitted by the Legislation establishing the Board,

but shall not:

8.4.1.11
decrease the compensation on account of any reversionary interest remaining in the Yukon First Nation or any entry fee payable;

8.4.1.12
ncrease the compensation on account of any aboriginal claim, right, title or interest; or

8.4.1.13
increase the compensation by taking into account the value of Mines and Minerals on or under Category B or Fee Simple Settlement Land.

8.4.2
The Surface Rights Board Legislation shall set out the authority of the Board to establish the entry fee and shall set out the parameters for establishment of the entry fee.

8.4.3
If an interim order for access is granted before all matters have been determined, a hearing in respect of all these outstanding matters shall be commenced no later than 30 days from the date of the interim order as the case may be.

8.5.0 Legislation

8.5.1
The parties to the Umbrella Final Agreement shall negotiate guidelines for drafting Surface Rights Board Legislation and these drafting guidelines shall be consistent with the provisions of this chapter.

8.5.2
Failing agreement on guidelines, Government shall Consult with the Council for Yukon Indians and with Yukon First Nations during the drafting of the Surface Rights Board Legislation.






Chapter 9 - Settlement Land Amount

9.1.0 Objective

9.1.1
The objective of this chapter is to recognize the fundamental importance of land in protecting and enhancing a Yukon First Nation's cultural identity, traditional values and life style, and in providing a foundation for a Yukon First Nation's self-government arrangements.

9.2.0 Yukon Settlement Land Amount

9.2.1
Subject to the Umbrella Final Agreement, the total amount of Settlement Land for the requirements of all Yukon First Nations shall not exceed 16,000 square miles (41,439.81 square kilometres).

9.2.2
The total amount shall contain no more than 10,000 square miles (25,899.88 square kilometres) of Category A Settlement Land.

9.3.0 Yukon First Nations' Settlement Land Amount

9.3.1
he amount of Settlement Land to be allocated to each Yukon First Nation has been determined in the context of the overall package of benefits in the Umbrella Final Agreement.

9.3.2
The Umbrella Final Agreement as initialled by the negotiators on March 31, 1990, contemplated that the Yukon First Nations and Government would agree to the allocation of Settlement Land amounts described in 9.2.0 for each Yukon First Nation by May 31, 1990, and in the absence of such agreement, Government, after consultation with the Council for Yukon Indians, would determine that allocation.

9.3.3
In the absence of the agreement referred to in 9.3.2, Government, after consultation with the Council for Yukon Indians, has determined the allocation of Settlement Land among the Yukon First Nations and that allocation is set out in Schedule A - Allocation of Settlement Land Amount attached to this chapter.

9.3.4
The land allocation determined under 9.3.3 for Yukon First Nations which do not have a Yukon First Nation Final Agreement may be varied by agreement in writing of all affected Yukon First Nations and Government.

9.3.5
Negotiation of final Settlement Land selections for a Yukon First Nation shall not commence until the allocation pursuant to 9.3.2 or 9.3.3 is determined.

9.3.6
A Yukon First Nation Final Agreement shall identify and describe Settlement Land for that Yukon First Nation.

9.4.0 Land Negotiation Restrictions

9.4.1
Privately owned land, land subject to an agreement for sale or land subject to a lease containing an option to purchase is not available for selection as Settlement Land, unless the Person holding such an interest in the land consents.

9.4.2
Unless otherwise agreed to in a Yukon First Nation Final Agreement, the following land is not available for selection as Settlement Land:

9.4.2.1 except as provided in 9.4.1, land under lease, subject to the leaseholder's interest;

9.4.2.2
land occupied by or transferred to any department or agency of the federal, territorial or municipal government;

9.4.2.3
land reserved in the property records of Northern Program, Department of Indian Affairs and Northern Development, except land reserved for that Department's Indian and Inuit Program, in favour of a Yukon First Nation or a Yukon Indian Person;

9.4.2.4
a highway or highway right-of-way as defined in the Highways Act, S.Y. 1991, c. 7, but in no case shall a highway right-of-way have a width greater than 100 metres; and

9.4.2.5
the border reserve constituting any land within 30 metres of the boundary line between the Yukon and Alaska, the Yukon and Northwest Territories, and the Yukon and British Columbia.

9.5.0 Balanced Selection

9.5.1
To establish a balanced allocation of land resource values, the land selected as Settlement Land shall be representative of the nature of the land, the geography and the resource potential within each Yukon First Nation's Traditional Territory, and the balance may vary among Yukon First Nations' selections in order to address their particular needs.

9.5.2
The selection of Site Specific Settlement Land shall not be restricted solely to traditional use and occupancy, but may also address other needs of Yukon First Nations.

9.5.3
The sizes of Site Specific Settlement Land may vary depending on the geography and needs of individual Yukon First Nations.

9.5.4
Except as otherwise agreed on a case by case basis, Settlement Land may only be selected by a Yukon First Nation within its Traditional Territory.

9.5.5
Land selections shall allow for reasonable expansion by Yukon First Nations and other Yukon communities.

9.5.6
Land selections on both sides of a major waterway or Major Highway should be avoided, but may be considered with each Yukon First Nation on a case by case basis to ensure final land selections provide a balanced selection and reasonable access for all users.

9.5.7
A Yukon First Nation may select land to address needs including, but not limited to the following:

9.5.7.1
hunting areas;

9.5.7.2
fishing areas;

9.5.7.3
trapping areas;

9.5.7.4
habitat areas and protected areas;

9.5.7.5
gathering areas;

9.5.7.6
historical, archaeological or spiritual areas;

9.5.7.7
areas of residence or occupancy;

9.5.7.8
access to waterbodies and use of waterbodies;

9.5.7.9
agriculture or forestry areas;

9.5.7.10
areas of economic development potential; and

9.5.7.11
wilderness areas.

9.5.8
Settlement Land may abut a right-of-way of a highway or road.

9.5.9
Settlement Land may abut Navigable Water and non-Navigable Water notwithstanding any Waterfront Right-of-Way that may be identified pursuant to Chapter 5 - Tenure and Management of Settlement Land.

9.6.0 Crown and Settlement Land Exchange

9.6.1
A Yukon First Nation and Government may agree to exchange Crown Land for Settlement Land and may agree that Crown Land exchanged for Settlement Land will be Settlement Land provided that any such agreement shall not affect the cession, release and surrender of any aboriginal claim, right, title or interest in respect of that Crown Land.

Specific Provision

9.6.1.1
If Government decides, after Consultation with the Vuntut Gwitchin First Nation, that it no longer needs for airport purposes all or part of the lands described in Reservation 116012-0000-00030, it shall give notice of that decision to the Vuntut Gwitchin First Nation which notice shall fully describe the lands which Government no longer requires (the "Land").

9.6.1.2
The Vuntut Gwitchin First Nation may, within 90 days of receiving the notice set out in 9.6.1.1, give notice to Government that it wishes to obtain all or part of the Land as Fee Simple Settlement Land in exchange for Settlement Land of equivalent value, and as soon as practicable thereafter Government and the Vuntut Gwitchin First Nation shall enter into negotiations with a view to concluding such an exchange.

9.6.1.3
If, within 120 days of commencing negotiations pursuant to 9.6.1.2, Government and the Vuntut Gwitchin First Nation fail to reach agreement on the terms and conditions of the proposed exchange, either party may refer any outstanding matter between the parties to the dispute resolution process under 26.3.0.

9.6.1.4
n arbitrator appointed under 26.7.0 to resolve a dispute referred pursuant to 9.6.1.3 shall have, in addition to the other powers provided under Chapter 26 - Dispute Resolution, the power to determine the Settlement Land to be exchanged for that portion of the Land which the Vuntut Gwitchin First Nation has given notice that it wishes to obtain.

9.6.1.5
Unless otherwise agreed by the parties to the negotiations under

9.6.1.2,
any land determined by an arbitrator pursuant to 9.6.1.4 must be suitable for Government use for airport purposes.

SCHEDULE A
ALLOCATION OF SETTLEMENT LAND AMOUNT

  Cat. A Fee Simple & Cat. B
  Sq. Miles Sq. Km* Sq. Miles Sq. Km*
Carcross/Tagish
First Nation
400 1036.00 200 518.00
Champagne and Aishihik
First Nations
475 1230.24 450 1165.49
Dawson First Nation 600 1553.99 400 1036.00
Kluane First Nation 250 647.50 100 259.00
Kwanlin Dun
First Nation
250 647.50 150 388.50
Liard First Nation 930 2408.69 900 2330.99
Little Salmon/Carmacks
First Nation
600 1553.99 400 1036.00
First Nation of
Nacho Nyak Dun
930 2408.69 900 2330.99
Ross River Dena Council 920 2382.79 900 2330.99
Selkirk First Nation 930 2408.69 900 2330.99
Ta'an Kwach'an Council 150 388.50 150 388.50
Teslin Tlingit Council 475 1230.24 450 1165.49
Vuntut Gwitchin First
Nation
2990 7744.06 -- --
White River First
Nation
100 259.00 100 259.00
TOTAL 10000 25899.88 6000 15539.93

 

  Total Allocation under 4.3.4
  Sq. Miles Sq. Km* Sq. Miles Sq. Km*
Carcross/Tagish
First Nation
600 1553.99 2.90 7.51
Champagne and Aishihik
First Nations
925 2395.74 12.17 31.52
Dawson First Nation 1000 2589.99 3.29 8.52
Kluane First Nation 350 906.50 2.63 6.81
Kwanlin Dun
First Nation
400 1036.00 2.62 6.79
Liard First Nation 1830 4739.68 2.63 6.81
Little Salmon/Carmacks
First Nation
1000 2589.99 3.27 8.47
First Nation of
Nacho Nyak Dun
1830 4739.68 3.58 9.27
Ross River Dena Council l820 4713.78 2.75 7.12
Selkirk First Nation 1830 4739.68 2.62 6.79
Ta'an Kwach'an Council 300 777.00 3.21 8.31
Teslin Tlingit Council 925 2395.74 12.88 33.36
Vuntut Gwitchin First
Nation
2990 7744.06 2.74 7.10
White River First
Nation
200 518.00 2.72 7.04
TOTAL 16000 41439.81 60.00 155.40

* Conversion to square kilometres is approximate