Vuntut Gwitchin First Nation Final Agreement

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Chapter 10 - Special Management Areas

10.1.0 Objective

10.1.1
The objective of this chapter is to maintain important features of the Yukon's natural or cultural environment for the benefit of Yukon residents and all Canadians while respecting the rights of Yukon Indian People and Yukon First Nations.

10.2.0 Definitions

In this chapter, the following definition shall apply.

"Special Management Area" means an area identified and established within a Traditional Territory pursuant to this chapter and may include:

  1. national wildlife areas;

  2. National Parks, territorial parks, or national park reserves, and extensions thereof, and national historic sites;

  3. special Wildlife or Fish management areas;

  4. migratory bird sanctuaries or a wildlife sanctuary;

  5. Designated Heritage Sites;

  6. watershed protection areas; and

  7. such other areas as a Yukon First Nation and Government agree from time to time.

10.3.0 Establishment of Special Management Areas

10.3.1
Provisions in respect of an existing Special Management Area may be set out in a Yukon First Nation Final Agreement.

10.3.2
Special Management Areas may be established in accordance with the terms of this chapter pursuant to a Yukon First Nation Final Agreement or pursuant to Laws of General Application.

Specific Provision

10.3.2.1
Vuntut National Park shall be established as a Special Management Area and the specific provisions in respect of Vuntut National Park are set out in Schedule A - Vuntut National Park, attached to this chapter.

10.3.2.2
Fishing Branch Ecological Reserve shall be established as a Special Management Area and the specific provisions in respect of Fishing Branch Ecological Reserve are set out in Schedule B - Fishing Branch Ecological Reserve, attached to this chapter.

10.3.2.3
Old Crow Flats Area shall be established as a Special Management Area and the specific provisions in respect of Old Crow Flats Area are set out in Schedule C - Old Crow Flats Area, attached to this chapter.

10.3.3
Except as provided in a Yukon First Nation Final Agreement, where Government proposes to establish a Special Management Area, Government shall refer the proposal to the affected Renewable Resources Council for its review and recommendations.

10.3.4
Government may refer proposals to establish historic territorial parks, national historic sites administered by the Canadian Parks Service or to designate Heritage Sites as Designated Heritage Sites to the Heritage Resources Board established pursuant to 13.5.0 instead of the affected Renewable Resources Council for its review and recommendations.

10.3.5
A Special Management Area may not include Settlement Land without the consent of the affected Yukon First Nation.

10.4.0 Rights and Interests of Yukon First Nations

10.4.1
Where a Special Management Area is proposed to be established which will adversely affect rights of a Yukon First Nation under a Settlement Agreement, Government and the affected Yukon First Nation shall, at the request of either party, negotiate an agreement to:

10.4.1.1
establish any rights, interests and benefits of the affected Yukon First Nation in the establishment, use, planning, management and administration of the Special Management Area; and

10.4.1.2
mitigate adverse effects of the establishment of the Special Management Area on the affected Yukon First Nation.

10.4.2
Agreements negotiated pursuant to 10.4.1:

10.4.2.1
shall address the rights Yukon Indian People have for Harvesting Fish and Wildlife within the Special Management Area;

10.4.2.2
may address the economic and employment opportunities and benefits for the affected Yukon First Nation;

10.4.2.3
may address whether, and on what terms, including provisions on management, Settlement Land may be included in the Special Management Area; and

10.4.2.4
may include such other provisions as Government and the affected Yukon First Nation may agree.

10.4.3
Where Government and the affected Yukon First Nation do not agree on the terms of an agreement pursuant to 10.4.1, the parties may refer the outstanding issues to the dispute resolution process under 26.4.0.

10.4.4
Where mediation under 10.4.3 does not result in agreement, the Government may establish the Special Management Area.

10.4.5
Notwithstanding 6.2.3.2, access by a Yukon Indian Person to a Special Management Area established pursuant to 10.4.4 for Harvesting Fish or Wildlife pursuant to a Settlement Agreement may be limited or prohibited only for reasons of Conservation, public health or public safety.

10.4.6
Government and the affected Yukon First Nation may, at any time after the establishment of a Special Management Area pursuant to 10.4.4, negotiate an agreement pursuant to 10.4.1 in respect of that Special Management Area, in which case 10.4.5 shall no longer apply to that Special Management Area.

10.4.7
Nothing in this chapter shall be construed to derogate from any provision respecting National Parks in the Yukon First Nation Final Agreements for the Champagne and Aishihik First Nations, the Kluane First Nation, the White River First Nation or the Vuntut Gwitchin First Nation.

10.4.8
Any agreement concluded between Government and the affected Yukon First Nation pursuant to 10.4.1 may be amended according to the terms set out in that agreement.

10.4.9
Any agreement concluded between Government and the affected Yukon First Nation pursuant to 10.4.1 may be appended to and form part of that Yukon First Nation's Final Agreement if Government and the Yukon First Nation agree.

10.5.0 Management of Future Special Management Areas

10.5.1
Unless Government otherwise agrees, Government shall be the management authority for Special Management Areas on Non-Settlement Land.

10.5.2
Government shall prepare, or have prepared, a management plan for each Special Management Area established pursuant to a Yukon First Nation Final Agreement after the Effective Date of that Yukon First Nation Final Agreement.

10.5.3
Government shall make best efforts to complete the management plan within five years of the establishment of the Special Management Area.

10.5.4
Government shall review each management plan at least once every 10 years.

10.5.5
The management plan and any proposed amendments thereto shall be referred before approval to the relevant Renewable Resources Council or to the Yukon Heritage Resources Board, as the case may be, for its review and recommendations.

10.5.6
The provisions of 16.8.0 shall apply in respect of the implementation of any recommendations made pursuant to 10.5.5.

10.5.7
Should a management advisory body other than a body referred to in 10.5.5 be established by Government for the purpose of 10.3.3, 10.3.4 or 10.5.5, Yukon First Nation representation shall be 50 percent on any such body unless Government and the affected Yukon First Nation agree otherwise. Any such management advisory body shall have the responsibilities of a Renewable Resource Council or the Heritage Resources Board set out in this chapter.

10.5.8
Except as provided otherwise in this chapter, or in a Yukon First Nation Final Agreement, all National Parks and extensions, national park reserves and extensions and national historic parks and sites shall be planned, established and managed pursuant to the National Parks Act, R.S.C. 1985, c. N-14, other Legislation, the Canadian Parks Service policy and park management plans in effect from time to time.

10.5.9
Where a Special Management Area includes a National Park or its extension or national park reserve or its extension, exploration and development of non-renewable resources shall not be permitted, except in respect of the removal of sand, stone and gravel for construction purposes within the National Park or national park reserve

10.5.10
Where a Special Management Area includes Yukon First Nation Burial Sites or places of religious and ceremonial significance to a Yukon First Nation, the management plan shall be consistent with the provisions of Chapter 13 - Heritage and shall provide for the protection and preservation of the sites or places.

10.6.0 Relationship to the Land Use Planning and Development Assessment Processes

10.6.1
Special Management Areas established after the effective date of Settlement Legislation shall be:

10.6.1.1
consistent with land use plans approved in accordance with Chapter 11 - Land Use Planning; and

10.6.1.2
subject to the provisions of Chapter 12 - Development Assessment.

10.7.0 Fish and Wildlife Management

10.7.1
Fish and Wildlife within Special Management Areas shall be managed in accordance with Chapter 16 - Fish and Wildlife.

SCHEDULE A - VUNTUT NATIONAL PARK

1.0 Objectives

1.1
The objectives of this schedule are as follows:

1.1.1
to recognize Vuntut Gwitchin history and culture, and the rights provided for in this schedule, in the establishment and operation of the Park;

1.1.2
to recognize and protect the traditional and current use of the Park by Vuntut Gwitchin in the development and management of the Park;

1.1.3
to protect for all time a representative natural area of national significance in the Northern Yukon Natural Region, including representative portions of the Old Crow Flats wetlands and the surrounding foothills which contain important waterfowl habitat, critical parts of the Porcupine Caribou range, and archaeological and paleontological resources of international significance;

1.1.4
to encourage public understanding, appreciation and enjoyment of the Park in a manner which leaves it unimpaired for future generations;

1.1.5
to provide economic and employment opportunities and participation for Vuntut Gwitchin in the development, operation and management of the Park;

1.1.6
to recognize that oral history is a valid and relevant form of research for establishing the historical significance of the Heritage Sites and Moveable Heritage Resources in the Park directly related to the history of the Vuntut Gwitchin; and

1.1.7
to recognize the interest of Vuntut Gwitchin in the interpretation of aboriginal place names and Heritage Resources in the Park directly related to the culture of the Vuntut Gwitchin.

2.0 Definitions

In this schedule, the following definitions shall apply.

"Conservation" means the management of the cultural and natural resources of the Park to ensure the protection of the Fish and Wildlife and their habitat and the natural evolution of the ecosystem as a priority while recognizing the traditional and continuing use of the Park's resources by Vuntut Gwitchin. "Council" means the Renewable Resources Council established for the Vuntut Gwitchin First Nation Traditional Territory pursuant to Chapter 16 - Fish and Wildlife.

"Edible Fish or Wildlife Product" has the same meaning as in Chapter 16 - Fish and Wildlife.

"Furbearers" has the same meaning as in Chapter 16 - Fish and Wildlife. "Harvest" and "Harvesting" means gathering, hunting, trapping or fishing in accordance with this schedule.

"Minister" means the Minister of the Government of Canada responsible for the administration of the National Parks Act, R.S.C. 1985, c. N-14.

"Non-edible By-Product" has the same meaning as in Chapter 16 - Fish and Wildlife.

"Northern Yukon National Park" means the existing National Park comprising the western portion of the Yukon North Slope established pursuant to the Inuvialuit Final Agreement.

"Park" means the National Park in the vicinity of Old Crow, Yukon to be named "Vuntut National Park" established in accordance with this agreement and more particularly described as follows:

bounded on the north by the southerly boundary of the Northern Yukon National Park Reserve following the height of land and by the eastward continuation of the height of land; bounded on the west by the Canada-United States of America (Yukon-Alaska) boundary; bounded on the south and east by the left bank of the Old Crow River and the right bank of Black Fox Creek, all as depicted on map "Vuntut National Park, (VNP)", in Appendix B - Maps, which forms a separate volume to this Agreement.

"Park Management Plan" means the management plan described in the National Parks Act, R.S.C. 1985, c. N-14.

"Plants" means all flora in a wild state but does not include Trees.

"Sport Fishing" means angling as defined under the National Parks Act, R.S.C. 1985, c. N-14, but does not include angling for Subsistence by Vuntut Gwitchin. "Subsistence" means:

(a) the use of Edible Fish or Wildlife Products, or edible Plant products, by Vuntut Gwitchin for sustenance and for food for traditional ceremonial purposes including potlatches; and

(b) the use by Vuntut Gwitchin of Non-Edible By-Products of harvests of Fish or Wildlife under (a) for such domestic purposes as clothing, shelter or medicine, and for domestic, spiritual and cultural purposes; but

(c) except for traditional production of handicrafts and implements by Vuntut Gwitchin, does not include commercial uses of:

(i) Edible Fish or Wildlife Products;

(ii) Non-Edible By-Products; or

(iii) edible Plant products.

"Tree" has the same meaning as in Chapter 17 - Forest Resources.

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

3.0 Park Establishment

3.1
Canada shall establish the Park as "Vuntut National Park" pursuant to the National Parks Act, R.S.C. 1985, c. N-14, in accordance with this schedule, on the Effective Date of this Agreement.

3.2
No lands forming part of the Park shall be removed from National Park status without the consent of the Vuntut Gwitchin First Nation.

4.0 Harvesting Rights

4.1
ubject to 4.22, Vuntut Gwitchin shall have the exclusive right to Harvest for Subsistence within the Park, all species of Fish and Wildlife for themselves and their families in all seasons of the year and in any numbers, subject only to limitations prescribed pursuant to this schedule.

4.1.1
Vuntut Gwitchin shall have the right to Harvest edible Plant products for Subsistence within the Park for themselves and their families in all seasons of the year and in any number, subject only to limitations prescribed pursuant to this schedule.

4.2
Except as otherwise provided in this schedule, Harvesting and management of Fish and Wildlife in the Park shall be in accordance with the National Parks Act, R.S.C. 1985, c. N-14.

4.3
Vuntut Gwitchin shall have the right to employ traditional and current methods of, and equipment for, Harvesting pursuant to 4.1, whether limited to an allowable harvest or not, subject to limitations implemented following a recommendation from the Council pursuant to 6.1.2 or 6.1.4, in addition to any other limitations provided in Legislation enacted for purposes of Conservation, public health or public safety.

4.4
Nothing in this schedule shall be construed to grant Vuntut Gwitchin any right to buy, sell, or offer for sale any Migratory Game Bird, Migratory Game Bird's egg or parts thereof not authorized for sale by Legislation.

4.5
Vuntut Gwitchin shall have the right to give, trade, barter or sell among themselves, other Yukon Indian People and beneficiaries of adjacent Transboundary Agreements all Edible Fish or Wildlife Products, and edible Plant products Harvested by them for Subsistence pursuant to 4.1, whether limited to an allowable harvest or not, in order to maintain traditional sharing among Vuntut Gwitchin and other Yukon Indian People, and with beneficiaries of adjacent Transboundary Agreements, for domestic purposes but not for commercial purposes.

4.6
Subject to Laws of General Application, unless otherwise agreed to by the Parties to this Agreement, the Vuntut Gwitchin shall have the right to give, trade, barter, or sell to any person any Non-Edible By-Product of Fish and Wildlife that is obtained from the Harvesting of Furbearers or incidental to Harvesting for Subsistence pursuant to 4.1, whether limited to an allowable harvest or not.

4.7
The right to Harvest for Subsistence pursuant to 4.1, whether limited to an allowable harvest or not, includes the right to possess and transport the parts and products of Fish, Wildlife and edible Plants in the Yukon.

4.8
The exercise of rights under this schedule is subject to limitations provided for elsewhere in this schedule and to limitations provided for in Legislation enacted for purposes of Conservation, public health or public safety.

4.8.1
Any limitation provided for in Legislation pursuant to 4.8 must be consistent with this schedule, and must be reasonably required to achieve those purposes and may only limit those rights to the extent necessary to achieve those purposes.

4.8.2
Government shall Consult with the Vuntut Gwitchin First Nation before imposing a limitation pursuant to 4.8.

4.9
Nothing in this schedule shall be construed as an admission by Government that the Migratory Birds Convention Act, R.S.C. 1985, c. M-7 does not satisfy the terms of 4.8.

4.10
For the purposes of application of 4.8 to Harvesting rights of Vuntut Gwitchin for migratory birds in the Park, "Conservation" includes considerations related to conservation of Migratory Game Birds indigenous to the Yukon while those Migratory Game Birds are in other jurisdictions.

4.11
Where in accordance with this schedule, an allowable harvest in the Park is established for a species of Freshwater Fish or Wildlife, the following provisions shall apply:

4.11.1
the Vuntut Gwitchin First Nation shall decide whether to allocate any part, or all, of that allowable harvest to Vuntut Gwitchin and shall notify the Park superintendent in writing of its decision;

4.11.2
where the Vuntut Gwitchin First Nation decides to allocate part, or all, of that allowable harvest, the notice pursuant to 4.11.1 shall specify the allocation of Freshwater Fish or the number and species of Wildlife to be harvested; and

4.11.3
the right of Vuntut Gwitchin to Harvest Freshwater Fish or Wildlife for which an allowable harvest has been established is contingent upon that person being allocated part of the allowable harvest by the Vuntut Gwitchin First Nation.

4.12
The Vuntut Gwitchin First Nation may manage, administer, allocate or otherwise regulate:

4.12.1
the exercise of rights of Vuntut Gwitchin under 4.0; and

4.12.2
the Harvesting by persons who are beneficiaries of adjacent land claims settlements in Canada who have been granted authorization to Harvest within the Park pursuant to 4.22, where not inconsistent with the regulation of those rights by Government in accordance with 4.8 and other provisions of this schedule.

4.13
The Vuntut Gwitchin First Nation shall establish and maintain a register of harvest information relating to Harvesting in the Park which contains a record of the allocation of Harvesting rights among Vuntut Gwitchin and a record of what is Harvested, and such other harvest information as is prescribed by the Council. 4.13.1 The register of harvest information shall be made available to the Park superintendent on a regular and timely basis in a manner prescribed by the Council.

4.14
Upon the request of a Park warden, or other persons with lawful authority, Vuntut Gwitchin, other than the Elders listed in Appendix "I" of this schedule, who are exercising their Harvesting rights in the Park shall show proof of enrollment under this Agreement.

4.15
The Minister, after Consultation with the Council, may require Vuntut Gwitchin to obtain a permit or licence for Harvesting within the Park but no fee or charge shall be imposed by Government for such permit or licence.

4.15.1
Upon the request of the Vuntut Gwitchin First Nation, the Minister, after Consultation with the Council, may allow the Vuntut Gwitchin First Nation to issue the permits or licences referred to in 4.15.

4.16
The Canadian Parks Service shall offer to the Vuntut Gwitchin First Nation any Fish or Wildlife harvested within the Park for Park management purposes, unless such Fish or Wildlife is required for scientific or Park management purposes or as evidence in a court of law.

4.17
Vuntut Gwitchin shall have the right to retain and maintain existing cabins, and to retain the use of and maintain camps, caches and trails in the Park that are necessary for, and are to be used incidental to, exercising the Harvesting rights provided for in 4.0.

4.18
Subject to 4.19, Vuntut Gwitchin shall have the right to establish or expand cabins, camps, caches and trails in the Park that are necessary for, and are to be used incidental to, the exercise of Harvesting rights provided for in 4.0, provided that the location of such cabins, camps, caches and trails conforms with the Park Management Plan.

4.19
Vuntut Gwichtin proposing to establish a cabin in the Park shall make a request to the Council.

4.19.1
The Council shall consider the request and determine:

4.19.1.1
whether the location of the proposed cabin conforms with the Park Management Plan; and

4.19.1.2
whether the cabin is necessary for the exercise of Harvesting rights provided for in this schedule.

4.19.2
Following consideration of the request, the Council shall make a recommendation to the Park superintendent.

4.19.3
The provisions of 6.3 to 6.7.2 apply to a recommendation of the Council pursuant to 4.19.2.

4.19.4
Subject to limitations prescribed pursuant to 4.8, the Council and the Park superintendent shall approve the request referred to in 4.19, where the cabin conforms to the Park Management Plan and is necessary for the exercise of Harvesting rights provided for in this schedule.

4.20
Vuntut Gwitchin shall have the right, during all seasons of the year, to harvest Trees in the Park for purposes incidental to the exercise of the Harvesting rights provided for in this schedule.

4.21
Vuntut Gwitchin shall not be charged a user fee or similar charge for entry into or use of the Park for non-commercial purposes or to exercise Harvesting rights under 4.0.

4.22
In accordance with 4.23 and 4.24, on the request of the Vuntut Gwitchin First Nation, the Minister may authorize persons who are not Vuntut Gwitchin to Harvest Fish and Wildlife in the Park.

4.23
Where a request pursuant to 4.22 is on behalf of a person who is not a beneficiary of an adjacent land claims settlement in Canada:

4.23.1
the Vuntut Gwich'in First Nation may recommend to the Minister the terms and conditions under which the authorization should be granted; and

4.23.2
the Minister may grant the authorization on such terms and conditions as the Minister stipulates.

4.24
Where a request pursuant to 4.22 is on behalf of a person who is a beneficiary of an adjacent land claims settlement in Canada and the Minister grants the authorization, that person may Harvest in the Park on the same basis as Vuntut Gwitchin under 4.0.

4.25
The Harvesting of Fish and Wildlife under an authorization granted pursuant to 4.23 or 4.24, shall be subject to the following:

4.25.1
for species for which a Total Allowable Harvest has been established outside the Park, the harvest within the Park by non- Vuntut Gwitchin shall be included in the harvest allocation to the Vuntut Gwitchin First Nation in respect of that species;

4.25.2
caribou harvested shall be counted as part of the allocation, if any, to the Vuntut Gwitchin or the Vuntut Gwitchin First Nation under the 1985 Porcupine Caribou Management Agreement; and

4.25.3
no permit, fee or other charge of any kind may be required or collected by the Canadian Parks Service, the Vuntut Gwitchin First Nation or any Vuntut Gwitchin associated with,

4.25.3.1
requesting authorization from the Minister pursuant to 4.22, or

4.25.3.2
the exercise of Harvesting privileges pursuant to an authorization granted by the Minister under 4.22.

4.26
Notwithstanding anything in this schedule, where there is a conflict between this schedule and the 1987 Canada-USA Agreement on the Conservation of the Porcupine Caribou Herd, or the 1985 Porcupine Caribou Management Agreement, those agreements shall prevail to the extent of the conflict. Any amendments to those agreements shall not be construed to diminish or adversely affect the rights of the Vuntut Gwitchin First Nation or the Vuntut Gwitchin under this schedule.

4.27
Employees, contractors and others employed in the development, operation or maintenance of the Park shall not exercise the Harvesting rights provided for in 4.0 or 5.0 while on duty in the course of employment or while in the course of carrying on business in the Park.

4.28
The Canadian Parks Service and the Yukon shall share information on trapline use and Furbearer management, and on the harvest of other Wildlife, inside the Park and adjacent to the Park in order to coordinate the management of Furbearer populations and other Wildlife.

4.29
Nothing in this schedule is intended to confer rights of ownership in any Fish or Wildlife.

4.30
Except as otherwise provided in Laws of General Application, no Person shall waste Edible Fish and Wildlife Products.

5.0 Trapping in the Park

5.1
Subject to 4.22, Vuntut Gwitchin shall have the exclusive right to Harvest Furbearers within the Park in accordance with this schedule for the purpose of selling the pelts.

5.2
The Vuntut Gwitchin First Nation shall be responsible for allocating trapping opportunities in the Park to Vuntut Gwitchin, and for the alignment, realignment and grouping of individual traplines.

5.3
The Vuntut Gwitchin First Nation shall maintain a register of the allocation of trapping opportunities in the Park, and shall provide a copy of that register to the Park superintendent.

5.4
The Council may make recommendations to the Minister on the management of Furbearers and on seasons, quotas and other matters related to trapping in the Park.

5.5
Subject to this schedule, Vuntut Gwitchin shall comply with Laws of General Application when participating in commercial Harvesting in the Park.

5.5.1
Vuntut Gwitchin shall have the right to use leg-hold drowning sets for Furbearer Harvesting unless the Minister, upon recommendation of the Council, determines that such sets are inhumane.

6.0 Role of the Renewable Resources Council

6.1
The Council may make recommendations to the Minister on all matters pertaining to the development and management of the Park, including:

6.1.1
the management of Heritage Resources within the Park;

6.1.2
routes, methods and modes of access for Harvesting within the Park;

6.1.3
harvest limits and seasons for Harvesting in the Park;

6.1.4
locations and methods of Harvesting within the Park;

6.1.5
matters related to the development or management of the Park forwarded to the Council by the Minister;

6.1.6
proposed Park boundary adjustments;

6.1.7
development of and revisions to the Park Management Plan;

6.1.8
co-ordinating the management of Fish and Wildlife populations which cross the boundary of the Park with the Fish and Wildlife Management Board, affected Renewable Resource Councils and other responsible agencies; and

6.1.9
existing and proposed Legislation relating to the Park.

6.2
The provisions of 6.3 to 6.7.2 apply to recommendations by the Council pursuant to 6.1.1 to 6.1.4.

6.2.1
The provisions of 6.3 to 6.7.3 apply to recommendations made by the Council pursuant to 6.1.5 to 6.1.9.

6.3
Unless the Minister directs otherwise, all recommendations and decisions of the Council shall be kept confidential until the process in 6.4 to 6.7 has been completed or the time for the process has expired.

6.4
The Minister, within 60 days of the receipt of a recommendation of the Council, may accept, vary, set aside or replace the recommendation. Any proposed variation, replacement or setting aside shall be sent back to the Council by the Minister with written reasons. The Minister may consider information and matters of public interest not considered by the Council.

6.4.1
The Minister may extend the time provided in 6.4 by 30 days.

6.4.2
Nothing in 6.4 shall be construed as limiting the application of 4.8.

6.5
The Council within 30 days of the receipt of a variation, replacement or setting aside by the Minister pursuant to 6.4, shall make a final recommendation and forward it to the Minister with written reasons.

6.5.1
The Minister may extend the time provided under 6.5.

6.6
The Minister, within 45 days of receipt of a final recommendation, may accept or vary it, or set it aside and replace it.

6.6.1
The Minister shall provide the Council with notice of the Minister's final decision under 6.6.

6.7
The Government shall, as soon as practicable, implement:

6.7.1
all recommendations of the Council that are accepted by the Minister under 6.4;

6.7.2
all decisions of the Minister under 6.6; and

6.7.3
subject to 6.7.1 and 6.7.2, the recommendations of the Council pursuant to 6.1.1 to 6.1.4, after the expiry of the time provided in the process set out in 6.4 to 6.6.

6.8
Where the Council does not carry out one of its responsibilities, the Minister, after giving notice to the Council, may carry out that responsibility.

6.9
The Council shall make reasonable provisions for public involvement in the development of its recommendations.

6.10
The Park superintendent or his delegate shall meet annually with the Council to Consult on matters relating to the development and management of the Park.

6.10.1
The meeting referred to in 6.10 shall be held in the community of Old Crow, Yukon.

7.0 Park Planning and Management

7.1
Subject to the terms of this schedule, the Park shall be planned and managed according to the National Parks Act, R.S.C. 1985, c. N-14.

7.2
Any management plan or policy for the Park:

7.2.1
shall recognize the rights under this schedule of Vuntut Gwitchin to Harvest for Subsistence;

7.2.2
shall provide for the protection of Fish and Wildlife and their habitat;

7.2.3
shall place particular emphasis on control, timing and location of visitor activities and means of visitor access to the park in order to provide for visitor safety and avoid conflicts with Harvesting activities of the Vuntut Gwitchin;

7.2.4
shall recognize the traditional and current use of the Park by Vuntut Gwitchin;

7.2.5
shall be consistent with the management principles described in 3.1.1, 3.1.3 and 3.1.4 of Schedule C - Old Crow Flats Area, attached to Chapter 10 - Special Management Areas; and

7.2.6
may address other matters pertaining to the management of the Park.

7.3
Government shall ensure that information it issues regarding the Park shall recognize the long association of Vuntut Gwitchin with the area comprising the Park and their past and present use of it.

7.4
Sport Fishing may be permitted in accordance with the National Parks Act, R.S.C. 1985, c. N-14, while recognizing that the right of Vuntut Gwitchin to Harvest Fish in the Park for Subsistence is a higher priority than Sport Fishing.

7.5
Subject to land or facilities being made available in accordance with 7.6, the Canadian Parks Service shall establish the primary visitor reception and information centre and the Park operations centre within the community of Old Crow, Yukon.

7.5.1
The Canadian Parks Service shall Consult with the Council and the Vuntut Gwitchin First Nation before it establishes the primary reception and information centre and the Park operations centre within the community of Old Crow, Yukon.

7.6
The Vuntut Gwitchin First Nation shall make suitable land or facilities available to Government at a fair market price for the establishment of the visitor reception and information centre, the Park operations centre and for housing for Park staff within the community of Old Crow.

7.7
In the event that manipulation of Wildlife populations by way of a controlled hunt is required in the Park, Government shall provide Vuntut Gwitchin with the first opportunity to conduct the hunt in coordination with Park officials, and to use the Wildlife parts and products resulting therefrom in accordance with this schedule.

7.8
Government shall make best efforts to coordinate the management of Fish and Wildlife in the Park with the management of Fish and Wildlife outside the Park by Government and by the Vuntut Gwitchin First Nation on Settlement Land.

8.0 Heritage

8.1
The ownership of Moveable Heritage Resources and Documentary Heritage Resources found in the Park shall be determined in accordance with Chapter 13 - Heritage.

8.2
The Council may make recommendations to the Minister regarding the management of Heritage Resources in the Park.

8.3
In accordance with Government procedures on access to and duplication of records and subject to access to information, protection of privacy and copyright Legislation and to any agreements respecting records or the information contained in them, Government shall provide the Vuntut Gwitchin First Nation with a listing of all Heritage Sites directly related to the culture and heritage of the Vuntut Gwitchin, including information on their location and character, that are located within the Park and which have been documented at the Effective Date of this Agreement.

8.4
In accordance with Government procedures on access to and duplication of records, and subject to access to information, protection of privacy and copyright Legislation and to any agreements respecting records or the information contained in them, Government, within existing budgets, shall facilitate the preparation of an inventory of Moveable Heritage Resources and Heritage Sites within the Park which relate to the Vuntut Gwitchin First Nation.

8.5
Government agrees that the Gwitchin language shall be included, where practicable, in any interpretive displays and signs regarding the history and culture of the Vuntut Gwitchin that may be erected in, or related to, the Park.

8.6
When considering the naming or renaming of places or features located within the Park, the responsible agency shall Consult with the Vuntut Gwitchin First Nation.

8.7
There shall be no access by Park visitors to Vuntut Gwitchin First Nation Burial Sites in the Park without the express written consent of the Vuntut Gwitchin First Nation.

8.8
In the development of the Park Management Plan the Canadian Parks Service shall take into account the cultural and heritage significance of the heritage routes and sites within the Park identified in Schedule A - Heritage Routes and Sites, attached to Chapter 13 - Heritage, and on map "Vuntut Gwitchin Heritage Routes and Sites, (VGHRAS)" in Appendix B - Maps, which forms a separate volume to this Agreement.

9.0 Economic and Employment Opportunities

9.1
Within one year of the establishment of the Park, the Canadian Parks Service, after Consultation with the Vuntut Gwitchin First Nation, shall prepare an impacts and benefits plan which shall:

9.1.1
identify potential businesses and employment opportunities that Vuntut Gwitchin may access associated with the establishment, development and operation of the Park;

9.1.2
identify strategies for Vuntut Gwitchin to take advantage of the economic opportunities identified in 9.1.1; and

9.1.3
identify potential negative impacts of the establishment and long term operation of the Park on the Vuntut Gwitchin and strategies for mitigating these potential negative impacts.

9.2
The Canadian Parks Service shall not issue any licences to operate a business in the Park until the impacts and benefits plan referred to in 9.1 has been completed.

Employment

9.3
The Canadian Parks Service, after Consultation with the Vuntut Gwitchin First Nation, shall establish hiring procedures and policies with the objective that, over a reasonable period of time, at least 50 percent of the public service employment positions in the Park be filled by qualified Vuntut Gwitchin.

9.4
The Canadian Parks Service shall include, where appropriate, criteria for knowledge of Vuntut Gwitchin language, culture, and society and traditional knowledge of the Vuntut Gwitchin First Nation Traditional Territory when establishing specifications for any public service employment position for the Park in the Vuntut Gwitchin First Nation Traditional Territory.

9.5
Nothing in 9.4 shall be construed to mean that criteria included in 9.4 shall be the determining criteria in hiring a person.

Contracts

9.6
The Canadian Parks Service shall provide timely written notice to the Vuntut Gwitchin First Nation of any invitation by the Canadian Parks Service respecting contracts for the provision of goods and services in the Vuntut Gwitchin First Nation Traditional Territory for the development, operation and management of the Park.

9.7
The Canadian Parks Service shall provide the Vuntut Gwitchin with a right of first refusal to accept any contract offered by the Canadian Parks Service for the construction or maintenance of trails or facilities in or related to the Park within the Vuntut Gwitchin First Nation Traditional Territory in the following manner:

9.7.1
the Canadian Parks Service shall provide notice to the Vuntut Gwitchin First Nation specifying the terms and conditions of the contract;

9.7.2
the Vuntut Gwitchin First Nation shall have 30 days from the date the notice in 9.7.1 is received to advise the Park superintendent in writing whether it is exercising its right of first refusal under 9.7;

9.7.3
if the Vuntut Gwitchin First Nation does not exercise its right of first refusal under 9.7, the Canadian Parks Service may offer the contract publicly on the same terms and conditions specified in the notice pursuant to 9.7.1; and

9.7.4
if the contract offered publicly is not accepted, the Canadian Parks Service may re-offer the contract on new terms and conditions in accordance with the procedure set out in 9.7.

9.8
For any contracts tendered publicly by the Canadian Parks Service, other than the contracts referred to in 9.7, the Canadian Parks Service shall include, where appropriate, criteria for:

9.8.1
knowledge of Vuntut Gwitchin language, culture, society or traditional knowledge of the Vuntut Gwitchin First Nation Traditional Territory; and

9.8.2
the employment of Vuntut Gwitchin professional services, the use of Vuntut Gwitchin suppliers, on-the-job training or skills development for Vuntut Gwitchin,

in the specifications for the tendering of contracts related to the procurement of goods and services for the Park.

9.9
Nothing in 9.8 shall be construed to mean that a criterion included in 9.8 shall be the determining criterion in awarding any contract.

9.10
Failure to provide timely written notice pursuant to 9.6 and 9.7 shall not affect the public tender process or the contracts resulting therefrom.

Dog Sled Trips

9.11
The Vuntut Gwitchin First Nation shall have the exclusive opportunity to provide commercial dog sled trips that may be permitted in the Park.

10.0 Other Economic Opportunities

10.1
Where a non-Vuntut Gwitchin makes an application to the Canadian Parks Service for a licence to operate a business in the Park which is permitted under the Park Management Plan and which is not subject to the provisions of 11.0, the Vuntut Gwitchin First Nation shall have, in accordance with the procedures set out in 10.2 to 10.10 the preemptive option to apply for and acquire a licence to operate a business substantially similar to that described in the non-Vuntut Gwitchin application.

10.2
Upon receipt of an application by a non-Vuntut Gwitchin for a licence to operate a business in the Park, the Park superintendent shall:

10.2.1
promptly provide the Vuntut Gwitchin First Nation with written notice of the application, together with a short description of,

10.2.1.1
the nature of business proposed, and

10.2.1.2
in general terms, the geographic location in the Park where the business is proposed to operate; and

10.2.2
advise the applicant in writing that the application will be processed subject to and in accordance with the preemptive option procedures set out in 10.0.

10.3
The Vuntut Gwitchin First Nation shall have 30 days from the date notice is received pursuant to 10.2.1 to advise the Park superintendent in writing whether it is exercising its preemptive option under 10.0.

10.4
If the Vuntut Gwitchin First Nation advises the Park superintendent in writing that it is not exercising its preemptive option, the Park superintendent shall notify the original applicant and the Canadian Parks Service may proceed to process the original application.

10.5
If the Vuntut Gwitchin First Nation fails to advise the Park superintendent in writing within 30 days of receiving notice whether it is exercising its preemptive option, it shall be deemed to have given notice under 10.4 that it is not exercising its preemptive option.

10.6
If the notice given by the Vuntut Gwitchin First Nation pursuant to 10.3 states the Vuntut Gwitchin First Nation is exercising its preemptive option, the following provisions shall apply:

10.6.1
the Vuntut Gwitchin First Nation may, within six months of receiving the notice described in 10.2.1, submit an application to the Park superintendent for a licence to operate a business substantially similar in nature and location to that proposed by the applicant referred to in 10.1; and

10.6.2
the Park superintendent shall notify the original applicant that the Vuntut Gwitchin First Nation intends to exercise its preemptive option under 10.0.

10.7
If the application of the Vuntut Gwitchin First Nation is approved, the Canadian Parks Service shall issue the approved licence to the Vuntut Gwitchin First Nation and shall notify in writing the applicant referred to in 10.2.2 that its application has been declined.

10.8
If the application of the Vuntut Gwitchin First Nation is not approved, the Park superintendent shall notify the applicant referred to in 10.2.2 in writing, and the Canadian Parks Service may proceed to process its application.

10.9
If the Vuntut Gwitchin First Nation fails to submit an application in accordance with 10.6.1, it shall be deemed to have given notice that it is not exercising its preemptive option and the Canadian Parks Service may proceed to process the application of the applicant referred to in 10.2.2.

10.10
Where, after giving notice of its intention to do so, the Vuntut Gwitchin First Nation decides not to exercise its preemptive option, it shall notify the Park superintendent in writing and the Canadian Parks Service may proceed to process the application of the applicant referred to in 10.2.2.

Renewals

10.11
Subject to 10.12, where a non-Vuntut Gwitchin has been granted a licence to operate a business in the Park, the provisions of 10.1 to 10.10 shall not apply to any renewal or replacement of, or annual re-application for, the licence previously granted.

10.12
Where a non-Vuntut Gwitchin applies for a renewal or replacement of, or makes an annual re-application for, a licence to operate a business in the Park and the nature of the business is significantly different from that carried on under the previous licence, the provisions of 10.1 to 10.10 shall apply.

11.0 Limited Entry

11.1
The Canadian Parks Service shall Consult with the Council in deciding whether a quota, and if so, what quota, should be established for licences to operate a business within the Park, and on any terms and conditions that should apply to those licences.

11.2
If the Canadian Parks Service establishes a quota for a business within the Park, the Vuntut Gwitchin First Nation shall have a right of first refusal to acquire new licences to operate such a business as follows:

11.2.1
in the first year that the Canadian Parks Service establishes a quota within the Park, the Canadian Parks Service shall offer to the Vuntut Gwitchin First Nation:

11.2.1.1
the number of licences equal to 50 percent of the quota established by the Canadian Parks Service, less the number of permits or licences which are required to allow existing operations which are held by a Vuntut Gwitchin Firm to operate at their then existing level, or

11.2.1.2
the number of licences which remains after the then existing operators in the Park have received the licences which are required to allow them to operate at their then existing level,

whichever is less; and

11.2.2
in the second year and each year thereafter, Government shall offer to the Vuntut Gwitchin First Nation any new licences issued by the Canadian Parks Service from time to time for opportunities within the Park until the Vuntut Gwitchin First Nation and Vuntut Gwitchin Firms together have been allocated 50 percent of the quota in effect in the Park from time to time for that business.

12.0 Conditions

12.1
Except as otherwise provided by the procedure set out in 10.0 and 11.0, the granting, renewal, replacement, annual re-application for and revocation of licences to operate a business within the Park shall be done in accordance with the National Parks Act, R.S.C. 1985, c. N-14 and with any generally applicable criteria established from time to time for such licences.

12.2
The Vuntut Gwitchin First Nation may enter into joint ventures or other arrangements with other Persons to use a licence allocated to the Vuntut Gwitchin First Nation pursuant to 10.0 or 11.0.

12.3
The Vuntut Gwitchin First Nation shall apply to the Canadian Parks Service for a licence within one year of the offer of the licence under 11.0.

12.3.1
A licence in respect of which a right of first refusal has lapsed under 12.3 shall not be considered a licence offered to the Vuntut Gwitchin First Nation under 11.0.

12.4
The Canadian Parks Service shall issue to the Vuntut Gwitchin First Nation a licence offered to it under 11.0 upon application of the Vuntut Gwitchin First Nation provided that the Vuntut Gwitchin First Nation satisfies the requirements in effect from time to time applicable to other applicants for the issuance of the licence.

12.5
renewal or assignment of a licence shall not be considered a new licence for the purpose of the calculation of the licences required to be offered under 11.0.

12.6
Nothing in 11.0 shall be construed to obligate the Canadian Parks Service to replace any licence obtained by the Vuntut Gwitchin First Nation under the provisions of 11.0 which the Vuntut Gwitchin First Nation has sold or assigned.

12.7
Nothing in 11.0 shall be construed to prevent the Vuntut Gwitchin First Nation or a Vuntut Gwitchin from acquiring additional licences through the normal regulatory process in the Park.

12.8
Any party to this Agreement may refer any dispute respecting the application of 9.0, 10.0 or 11.0 to the dispute resolution process under 26.4.0.

12.9
Where mediation under 26.4.0 does not result in agreement, the Minister may decide the issue.

APPENDIX "I"
LIST OF ELDERS
VUNTUT GWITCHIN FIRST NATION

BLAKE
Elizabeth
 

BRUCE
Ellen
 

BRUCE
Robert
Thomas

CADZOW
Horace
 

CARNEY
Eunice
 

CARROLL
Nellie
 

CHARLIE
Alfred
R

CHARLIE SR
Charlie
Peter

CHARLIE
Fanny
 

ABEL (CHITZI)
Sarah
 

CUMMINGS
Frances
Ellen

FROST
Clara
 

FROST
Donald
Arthur

GREENLAND
Garnet
Douglas

HEAPS
Myra
Jane

HENRY
Katherine
 

JOSIE
Tally
R(Dolly) Myra

JOSIE
Edith
Iradrute

KASSI
Mary
 

KYIKAVICHIK
John
Joe

KYIKAVICHIK
Sarah
 

KENDI
Martha
 

KUNNIZZI
Mary
 

LENNOX
Margaret
Victoria Jean

LINKLATER
Effie
Mary

LINKLATER
Emily
 

MACDONALD
Neil
Kenneth

MARTIN
REliza
 

MOSES
Caroline
 

NETRO
Hannah
 

NETRO
Mary
 

 
Kenneth
 

NUKON
Richard
(Dick)

PETERSON
Victor
 

REYNOLDS
Helen
 

SMITH
Tabitha
 

TIZYA
Andrew
 

TIZYA
Clara
 

TIZYA
John
 

TIZYA
Martha
 

TIZYA
Mary
 

TIZYA
Moses
 

TIZYA
Peter
 

THOMAS
Charlie
 

THOMAS
Lydia
 

VANELTSI
Lucy
 

WARD
Doris
Nellie

KOE
Julia
 

KUNNIZZI
Eliza
 

KUNNIZZI
Isaac
Joseph

LORD
Rowena
 

THOMAS
Abraham
 

THOMAS
Effie
Emma

TIZYA
Peter
(John)

VITTREKWA
Mary
 

SCHEDULE B - FISHING BRANCH ECOLOGICAL RESERVE

1.0 Establishment

1.1
The boundaries of the Fishing Branch Ecological Reserve (the "Ecological Reserve") shall be as set out on map, "Fishing Branch Ecological Reserve, (FBER)", in Appendix B - Maps, which forms a separate volume to this Agreement.

1.2
Canada shall transfer to the Commissioner of the Yukon the administration and control of the land comprising the Ecological Reserve, excluding the mines and minerals and the right to work the mines and minerals, as soon as practicable following the Effective Date of this Agreement.

1.3
As soon as practicable following the transfer of land under 1.2, the Yukon shall establish the Ecological Reserve pursuant to the Parks Act, R.S.Y. 1986, c. 126.

1.4
No land forming part of the Ecological Reserve shall be removed from ecological reserve status under the Parks Act, R.S.Y. 1986, c. 126, without the consent of the Vuntut Gwitchin First Nation.

2.0 Fish and Wildlife

2.1
Vuntut Gwitchin shall have the right to harvest Fish and Wildlife in the Ecological Reserve in accordance with their Harvesting rights pursuant to Chapter 16 - Fish and Wildlife.

3.0 Mines and Minerals

3.1
Government shall withdraw the mines and minerals within the Ecological Reserve from locating, prospecting and mining under 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, and from exploration and development under the Canada Petroleum Resources Act, R.S.C. 1985 (2nd Supp.), c. 36.

4.0 Management Plan

4.1
Government and the Vuntut Gwitchin First Nation shall jointly prepare a management plan for the Ecological Reserve and recommend it to the Minister within two years of the Effective Date of this Agreement.

4.2
The management plan shall be consistent with the following management principles:

4.2.1
to manage the Ecological Reserve and Parcels R-5A and S-3A1 as an ecological unit;

4.2.2
to recognize and protect the traditional and current use of the Ecological Reserve by Vuntut Gwitchin;

4.2.3
to protect the full diversity of Wildlife populations, particularly Salmon and grizzly bear;

4.2.4
to protect the habitat from activities which may reduce the capacity of the Ecological Reserve to support Wildlife; and

4.2.5
to preserve the integrity of the natural landforms, geology, hydrology and special features of the Ecological Reserve.

4.3
The management plan shall include recommendations respecting the regulation of land use in the Ecological Reserve for the purpose of minimizing land use conflicts and negative environmental impacts of activities in the Ecological Reserve.

4.4
The development of the management plan shall include a process for public consultation.

4.5
If Government and the Vuntut Gwitchin First Nation are unable to agree on part or all of the management plan, they shall recommend to the Minister that part of the management plan which has been prepared, if any, and, at the same time, jointly refer the outstanding matters to the Minister in writing.

4.6
The Minister shall:

4.6.1
accept, vary or set aside the recommendations made pursuant to 4.1 or 4.5; and

4.6.2
consider and decide the outstanding matters referred pursuant to 4.5, within 60 days of the receipt of the recommendation or referral.

4.7
The Minister may extend the time provided in 4.6 by 30 days.

4.8
The Minister shall forward his decision under 4.6 to the Vuntut Gwitchin First Nation in writing.

5.0 Implementation

5.1
The Yukon shall manage the Ecological Reserve in accordance with the Parks Act, R.S.Y. 1986, c. 126, and the management plan for the Ecological Reserve approved by the Minister under 4.6.

6.0 Review of the Management Plan

6.1
The management plan shall be reviewed jointly by Government and the Vuntut Gwitchin First Nation not later than five years after its initial approval and at least every 10 years thereafter.

7.0 Management of Adjacent Parcels

7.1
The Vuntut Gwitchin First Nation shall manage Parcels R-5A and S-3A1 in a manner consistent with the principles in 4.2.

8.0 Habitat Protection Area

8.1
If Government proposes the establishment of a habitat protection area pursuant to the Wildlife Act, R.S.Y. 1986, c. 178, in the area surrounding the Ecological Reserve, the Vuntut Gwitchin First Nation shall consent to the establishment of the habitat protection area, provided that the habitat protection area is established in accordance with Chapter 10 - Special Management Areas.

8.2
Nothing in 8.1 is intended to allow Government to include Vuntut Gwitchin First Nation Settlement Land in a proposed habitat protection area or to allow Government to affect the rights under this Agreement of Vuntut Gwitchin or the Vuntut Gwitchin First Nation within the area proposed to be included in the habitat protection area except in accordance with 10.4.0.

8.3
If Government establishes a habitat protection area pursuant to 8.1, Government shall manage the habitat protection area in accordance with the following objectives:

8.3.1
to protect the Fishing Branch River;

8.3.2
to maintain the long term viability at natural population levels of grizzly bear (Ursus arctos) which concentrate seasonally at Bear Cave Mountain; and

8.3.3
to manage the Ecological Reserve and the habitat protection area as an ecological unit.

SCHEDULE C - OLD CROW FLATS AREA

1.0 Establishment

1.1
The provisions of this schedule shall apply to the Old Crow Flats Area (the "Area") as of the Effective Date of this Agreement.

1.2
The boundaries of the Area are set out on map "Old Crow Flats Area, (OCFA)", in Appendix B - Maps, which forms a separate volume to this Agreement.

1.3
No Non-Settlement Land within the Area shall be removed from the application of this schedule without the consent of the Vuntut Gwitchin First Nation.

1.4
No Settlement Land within the Area shall be removed from the application of this schedule without the consent of Government.

2.0 Fish and Wildlife

2.1
In that part of the Area which is outside of Vuntut National Park, Vuntut Gwitchin shall have the right to harvest Fish and Wildlife in accordance with their Harvesting rights pursuant to Chapter 16 - Fish and Wildlife.

2.2
In that part of the Area which is within Vuntut National Park, Vuntut Gwitchin shall have the right to harvest Fish and Wildlife in accordance with their Harvesting rights pursuant to Schedule A - Vuntut National Park, attached to Chapter 10 - Special Management Areas.

3.0 Management Principles

3.1
Government and the Vuntut Gwitchin First Nation shall manage the Area so as:

3.1.1
to strive to maintain the integrity of the Area as one ecological unit;

3.1.2
to recognize and protect the traditional and current use of the Area by Vuntut Gwitchin, while recognizing the changing values and priorities of Vuntut Gwitchin in contemporary Canadian society;

3.1.3
to protect and conserve Fish and Wildlife, and Fish and Wildlife habitat, of national, international and local significance, in particular migratory birds and the Porcupine Caribou Herd and their habitats;

3.1.4
to protect the full diversity of Fish and Wildlife populations and their habitats from activities which could reduce the land's capability to support Fish and Wildlife; and

3.1.5
to recognize the ownership by the Vuntut Gwitchin First Nation of Parcels R-1A and R-10A.

4.0 Existing Oil and Gas Rights and Interests

4.1
Canada shall terminate any oil and gas rights or interests existing in the Area at the Effective Date of this Agreement or as soon as practicable thereafter.

4.1.1
If Canada has not, as of the Effective Date of this Agreement, terminated all oil and gas rights and interests existing in the Area, the moratorium on the exercise of the oil and gas rights and interests not terminated shall continue until Canada has terminated those rights or interests.

5.0 Management Plan

5.1
Government and the Vuntut Gwitchin First Nation shall jointly prepare a management plan for that part of the Area which is outside Vuntut National Park, which is consistent with the management principles in 3.0, and which shall be recommended to Government and the Vuntut Gwitchin First Nation for approval.

5.1.1
The park management plan for Vuntut National Park prepared pursuant to Schedule A - Vuntut National Park, attached to Chapter 10 - Special Management Areas, shall be the management plan for that portion of the Area within Vuntut National Park.

5.2
The development of the management plan shall include a process for public consultation.

5.3
Government and the Vuntut Gwitchin First Nation shall make best efforts to approve a management plan within five years of the Effective Date of this Agreement.

5.4
The management plan approved by both Government and the Vuntut Gwitchin First Nation shall be the "Approved Management Plan" for the purposes of this schedule.

5.5
The Approved Management Plan shall include recommendations to implement the management principles set out in 3.0.

6.0 Mines and Minerals

6.1
Neither Government nor the Vuntut Gwitchin First Nation shall issue any right or interest in the Mines or Minerals in that part of the Area outside of Vuntut National Park until there is an Approved Management Plan, or until January 2, 2012, whichever occurs first.

6.2
Where there is an Approved Management Plan, Government and the Vuntut Gwitchin First Nation may issue rights and interests in the Mines and Minerals in that part of the Area outside of Vuntut National Park, provided that such issuance is consistent with the Approved Management Plan.

6.3
Where there is no Approved Management Plan and the time period described in 6.1 has not expired, the Vuntut Gwitchin First Nation may issue rights and interests in the Mines and Minerals in Settlement Land in the Area provided:

6.3.1
the Vuntut Gwitchin First Nation and Government agree to the issuance of the right or interest; and

6.3.2
the issuance is consistent with the management principles in 3.0.

6.4
Where there is no Approved Management Plan and the time period described in 6.1 has not expired, Government may issue rights and interests in the Mines and Minerals in Non-Settlement Land in that part of the Area outside of Vuntut National Park, provided:

6.4.1
Government and the Vuntut Gwitchin First Nation agree to the issuance of the right or interest; and

6.4.2
the issuance is consistent with the management principles in 3.0.

7.0 Implementation and Review

7.1
Until there is an Approved Management Plan, Government and the Vuntut Gwitchin First Nation shall manage their lands in the Area in a manner consistent with the management principles in 3.0.

7.2
Once there is an Approved Management Plan, Government and the Vuntut Gwitchin First Nation shall each manage their land in that part of the Area outside Vuntut National Park according to the Approved Management Plan.

7.3
Unless Government and the Vuntut Gwitchin First Nation otherwise agree, Government and the Vuntut Gwitchin First Nation shall review the Approved Management Plan five years after its initial approval and every 10 years thereafter.






Chapter 11 - Land Use Planning

11.1.0 Objectives

11.1.1
The objectives of this chapter are as follows:

11.1.1.1
to encourage the development of a common Yukon land use planning process outside community boundaries;

11.1.1.2
to minimize actual or potential land use conflicts both within Settlement Land and Non-Settlement Land and between Settlement Land and Non- Settlement Land;

11.1.1.3
to recognize and promote the cultural values of Yukon Indian People;

11.1.1.4
to utilize the knowledge and experience of Yukon Indian People in order to achieve effective land use planning;

11.1.1.5
to recognize Yukon First Nations' responsibilities pursuant to Settlement Agreements for the use and management of Settlement Land; and

11.1.1.6
to ensure that social, cultural, economic and environmental policies are applied to the management, protection and use of land, water and resources in an integrated and coordinated manner so as to ensure Sustainable Development.

11.2.0 Land Use Planning Process

11.2.1
Any regional land use planning process in the Yukon shall:

11.2.1.1
subject to 11.2.2, apply to both Settlement and Non-Settlement Land throughout the Yukon;

11.2.1.2
be linked to all other land and water planning and management processes established by Government and Yukon First Nations minimizing where practicable any overlap or redundancy between the land use planning process and those other processes;

11.2.1.3
provide for monitoring of compliance with approved regional land use plans;

11.2.1.4
provide for periodic review of regional land use plans;

11.2.1.5
provide for procedures to amend regional land use plans;

11.2.1.6
provide for non-conforming uses and variance from approved regional land use plans in accordance with 12.17.0;

11.2.1.7
establish time limits for the carrying out of each stage of the process;

11.2.1.8
provide for public participation in the development of land use plans;

11.2.1.9
allow for the development of sub-regional and district land use plans;

11.2.1.10
provide for planning regions which, to the extent practicable, shall conform to the boundaries of Traditional Territories;

11.2.1.11
provide, to the extent practicable, for decisions of the Yukon Land Use Planning Council and the Regional Land Use Planning Commissions to be made by consensus; and

11.2.1.12
apply to the process of establishing or extending National Parks and national historic parks and commemorating new national historic sites.

11.2.2
This chapter shall not apply to:

11.2.2.1
national park reserves established or national historic sites commemorated prior to Settlement Legislation, National Parks or national historic parks once established, or national historic sites once commemorated;

11.2.2.2
subdivision planning or local area planning outside of a Community Boundary; or

11.2.2.3
subject to 11.2.3, land within a Community Boundary.

11.2.3
In the event a Community Boundary is altered so as to include within a Community Boundary any land subject to an approved regional land use plan, the regional land use plan shall continue to apply to such land until such time as a community plan is approved for such land.

11.3.0 Yukon Land Use Planning Council

11.3.1
The Land Use Planning Policy Advisory Committee established by the "Agreement on Land Use Planning in Yukon", dated October 22, 1987, shall be terminated as of the effective date of Settlement Legislation and replaced by the Yukon Land Use Planning Council on the same date.

11.3.2
The Yukon Land Use Planning Council shall be made up of one nominee of the Council for Yukon Indians and two nominees of Government. The Minister shall appoint the nominees.

11.3.3
The Yukon Land Use Planning Council shall make recommendations to Government and each affected Yukon First Nation on the following:

11.3.3.1
land use planning, including policies, goals and priorities, in the Yukon;

11.3.3.2
the identification of planning regions and priorities for the preparation of regional land use plans;

11.3.3.3
the general terms of reference, including timeframes, for each Regional Land Use Planning Commission;

11.3.3.4
the boundary of each planning region; and

11.3.3.5
such other matters as Government and each affected Yukon First Nation may agree.

11.3.4
The Yukon Land Use Planning Council may establish a secretariat to assist the Yukon Land Use Planning Council and Regional Land Use Planning Commissions in carrying out their functions under this chapter.

11.3.5
The Yukon Land Use Planning Council shall convene an annual meeting with the chairpersons of all Regional Land Use Planning Commissions to discuss land use planning in the Yukon.

11.4.0 Regional Land Use Planning Commissions

11.4.1
Government and any affected Yukon First Nation may agree to establish a Regional Land Use Planning Commission to develop a regional land use plan.

11.4.2
Settlement Agreements shall provide for regionally based Regional Land Use Planning Commissions with one third representation by nominees of Yukon First Nations, one third representation by nominees of Government, and one third representation based on the demographic ratio of Yukon Indian People to the total population in a planning region.

Specific Provision

11.4.2.1
Subject to 11.4.2.5, any Regional Land Use Planning Commission established for a planning region which includes any part of the Vuntut Gwitchin First Nation Traditional Territory shall be composed of one-third nominees of the Vuntut Gwitchin First Nation and the other Yukon First Nations whose Traditional Territories are included in the planning region, one-third nominees of Government, and one-third nominees appointed in accordance with 11.4.2.2.

11.4.2.2
Subject to 11.4.2.5, Government, the Vuntut Gwitchin First Nation and the other Yukon First Nations whose Traditional Territories are included in the planning region shall agree on who may nominate each of the last one-third of the nominees to the Regional Land Use Planning Commission referred to in 11.4.2.1 based upon the demographic ratio of Yukon Indian People to the total population in the planning region.

11.4.2.3
Subject to 11.4.2.5, the Vuntut Gwitchin First Nation and the other Yukon First Nations whose Traditional Territories are included in the planning region shall determine the Yukon First Nation nominees to the Regional Land Use Planning Commission.

11.4.2.4
Failing agreement under 11.4.2.2 or determination under 11.4.2.3, Government, the Vuntut Gwitchin First Nation or any Yukon First Nation whose Traditional Territory is included in the planning region may refer the matter to the dispute resolution process under 26.3.0.

11.4.2.5
The representation from a transboundary claimant group on a Regional Land Use Planning Commission shall be set out in the transboundary claimant group's Transboundary Agreement.

11.4.3
The majority of nominees of Yukon First Nations and the majority of nominees of Government on a Regional Land Use Planning Commission shall be Yukon residents with a long term familiarity with the region or regions being planned.

11.4.4
Each Regional Land Use Planning Commission shall prepare and recommend to Government and the affected Yukon First Nation a regional land use plan within a timeframe established by Government and each affected Yukon First Nation.

11.4.5
In developing a regional land use plan, a Regional Land Use Planning Commission:

11.4.5.1
within its approved budget, may engage and contract technical or special experts for assistance and may establish a secretariat to assist it in carrying out its functions under this chapter;

11.4.5.2
may provide precise terms of reference and detailed instructions necessary for identifying regional land use planning issues, for conducting data collection, for performing analyses, for the production of maps and other materials, and for preparing the draft and final land use plan documents;

11.4.5.3
shall ensure adequate opportunity for public participation;

11.4.5.4
shall recommend measures to minimize actual and potential land use conflicts throughout the planning region;

11.4.5.5
shall use the knowledge and traditional experience of Yukon Indian People, and the knowledge and experience of other residents of the planning region;

11.4.5.6
shall take into account oral forms of communication and traditional land management practices of Yukon Indian People;

11.4.5.7
shall promote the well-being of Yukon Indian People, other residents of the planning region, the communities, and the Yukon as a whole, while having regard to the interests of other Canadians;

11.4.5.8
shall take into account that the management of land, water and resources, including Fish, Wildlife and their habitats, is to be integrated;

11.4.5.9
shall promote Sustainable Development; and

11.4.5.10
may monitor the implementation of the approved regional land use plan, in order to monitor compliance with the plan and to assess the need for amendment of the plan.

11.5.0 Regional Land Use Plans

11.5.1
Regional land use plans shall include recommendations for the use of land, water and other renewable and non-renewable resources in the planning region in a manner determined by the Regional Land Use Planning Commission.

11.6.0 Approval Process for Land Use Plans

11.6.1
A Regional Land Use Planning Commission shall forward its recommended regional land use plan to Government and each affected Yukon First Nation.

11.6.2
Government, after Consultation with any affected Yukon First Nation and any affected Yukon community, shall approve, reject or propose modifications to that part of the recommended regional land use plan applying on Non-Settlement Land.

11.6.3
If Government rejects or proposes modifications to the recommended plan, it shall forward either the proposed modifications with written reasons, or written reasons for rejecting the recommended plan to the Regional Land Use Planning Commission, and thereupon:

11.6.3.1
the Regional Land Use Planning Commission shall reconsider the plan and make a final recommendation for a regional land use plan to Government, with written reasons; and

11.6.3.2
Government shall then approve, reject or modify that part of the plan recommended under 11.6.3.1 applying on Non-Settlement Land, after Consultation with any affected Yukon First Nation and any affected Yukon community.

11.6.4
Each affected Yukon First Nation, after Consultation with Government, shall approve, reject or propose modifications to that part of the recommended regional land use plan applying to the Settlement Land of that Yukon First Nation.

11.6.5
If an affected Yukon First Nation rejects or proposes modifications to the recommended plan, it shall forward either the proposed modifications with written reasons or written reasons for rejecting the recommended plan to the Regional Land Use Planning Commission, and thereupon:

11.6.5.1
the Regional Land Use Planning Commission shall reconsider the plan and make a final recommendation for a regional land use plan to that affected Yukon First Nation, with written reasons; and

11.6.5.2
the affected Yukon First Nation shall then approve, reject or modify the plan recommended under 11.6.5.1, after Consultation with Government.

11.7.0 Implementation

11.7.1
Subject to 12.17.0, Government shall exercise any discretion it has in granting an interest in, or authorizing the use of, land, water or other resources in conformity with the part of a regional land use plan approved by Government under 11.6.2 or 11.6.3.

11.7.2
Subject to 12.17.0, a Yukon First Nation shall exercise any discretion it has in granting an interest in, or authorizing the use of, land, water or other resources in conformity with the part of a regional land use plan approved by that Yukon First Nation under 11.6.4 or 11.6.5.

11.7.3
Nothing in 11.7.1 shall be construed to require Government to enact or amend Legislation to implement a land use plan or to grant an interest in, or authorize the use of, land, water or other resources.

11.7.4
Nothing in 11.7.2 shall be construed to require a Yukon First Nation to enact or amend laws passed pursuant to self-government Legislation to implement a land use plan or to grant an interest in, or authorize the use of, land, water or other resources.

11.8.0 Sub-Regional and District Land Use Plans

11.8.1
Sub-regional and district land use plans developed in a region which has an approved regional land use plan shall conform to the approved regional land use plan.

11.8.2
The provisions of an approved regional land use plan shall prevail over any existing sub-regional or district land use plan to the extent of any inconsistency.

11.8.3
Subject to 11.8.4 and 11.8.5, a Yukon First Nation may develop a subregional or district land use plan for Settlement Land and Government may develop a sub-regional or district land use plan for Non-Settlement Land.

11.8.4
If Government and a Yukon First Nation agree to develop a sub-regional or district land use plan jointly, the plan shall be developed in accordance with the provisions of this chapter.

11.8.5
If Government and a Yukon First Nation do not agree to develop a subregional or district land use plan jointly, only 11.8.1 and 11.8.2 of this chapter shall apply to the development of the plan.

11.9.0 Funding

11.9.1
Each Regional Land Use Planning Commission, after Consultation with each affected Yukon First Nation, shall prepare a budget for the preparation of the regional land use plan and for carrying out its functions under this chapter and shall submit that budget to the Yukon Land Use Planning Council.

11.9.2
The Yukon Land Use Planning Council shall, on an annual basis, review all budgets submitted under 11.9.1 and, after Consultation with each affected Regional Land Use Planning Commission, propose a budget to Government for the development of regional land use plans in the Yukon and for its own administrative expenses.

11.9.3
Government shall review the budget submitted under 11.9.2 and shall pay those expenses which it approves.

11.9.4
If Government initiates the development of a sub-regional or district land use plan by a planning body, the planning body established to prepare that plan shall prepare a budget for the preparation of the plan which shall be subject to review by Government, and Government shall pay those expenses which it approves.

Specific Provision

11.10.0 All-weather Road Connecting with the Community of Old Crow

11.10.1
Government shall not construct on Crown Land an all-weather road which connects with the community of Old Crow, as defined in 21.2.5.2, before there is an approved regional, sub-regional or district land use plan which includes recommendations on the need for, the planning of and the siting of that road.

11.10.2
Government shall request the participation of the Vuntut Gwitchin First Nation in the preparation of any land use plan referred to in 11.10.1.

11.10.3
If Government and the Vuntut Gwitchin First Nation do not agree on the composition of a planning body to prepare the plan referred to in 11.10.1, or on the terms of reference for the planning body, either Government or the Vuntut Gwitchin First Nation may refer the matter to the dispute resolution process under 26.3.0.

11.10.4
If, following one year after the request to participate referred to in 11.10.2, Government and the Vuntut Gwitchin First Nation have not agreed on the composition of a planning body to prepare the plan referred to in 11.10.1, or on the terms of reference for the planning body, and if the matter has not been referred to the dispute resolution process under 26.3.0, Government may proceed with the preparation of the plan referred to in 11.10.1.

 

 




Chapter 12 - Development Assessment

12.1.0 Objective

12.1.1
The objective of this chapter is to provide for a development assessment process that:

12.1.1.1
recognizes and enhances, to the extent practicable, the traditional economy of Yukon Indian People and their special relationship with the wilderness Environment;

12.1.1.2
provides for guaranteed participation by Yukon Indian People and utilizes the knowledge and experience of Yukon Indian People in the development assessment process;

12.1.1.3
protects and promotes the well-being of Yukon Indian People and of their communities and of other Yukon residents and the interests of other Canadians;

12.1.1.4
protects and maintains environmental quality and ensures that Projects are undertaken consistent with the principle of Sustainable Development;

12.1.1.5
protects and maintains Heritage Resources;

12.1.1.6
provides for a comprehensive and timely review of the environmental and socio-economic effects of any Project before the approval of the Project;

12.1.1.7
avoids duplication in the review process for Projects and, to the greatest extent practicable, provides certainty to all affected parties and Project proponents with respect to procedures, information requirements, time requirements and costs; and

12.1.1.8
requires Project proponents to consider the environmental and socioeconomic effects of Projects and Project alternatives and to incorporate appropriate mitigative measures in the design of Projects.

12.2.0 Definitions

In this chapter, the following definitions shall apply.

"Designated Office" means a community or regional office of Government, an office of a Yukon First Nation or another office identified pursuant to the Development Assessment Legislation in accordance with Yukon First Nation Final Agreements and for the purposes set out in 12.6.0.

"Development Assessment Legislation" means Legislation enacted to implement the development assessment process set out in this chapter.

"Environment" means the components of the Earth and includes:

(a) air, land and water;
(b) all layers of the atmosphere;
(c) all organic and inorganic matter and living organisms; and
(d) the interacting natural systems that include components referred to in (a),(b) and (c).

"Existing Project" means an enterprise or activity or class of enterprises or activities which has been undertaken or completed in the Yukon which is not exempt from screening and review.

"Independent Regulatory Agency" means an agency established by Government that is identified in the Development Assessment Legislation which issues a licence, permit or other authorization, the terms and conditions of which are not subject to variation by Government.

"Plan" means a plan, program, policy or a proposal that is not a Project.

"Project" means an enterprise or activity or class of enterprises or activities to be undertaken in the Yukon which is not exempt from screening and review.

"YDAB" means the Yukon Development Assessment Board established pursuant to Development Assessment Legislation.

12.3.0 Development Assessment Legislation

12.3.1
Government shall implement a development assessment process consistent with this chapter by Legislation.

12.3.2
The parties to the Umbrella Final Agreement shall negotiate guidelines for drafting Development Assessment Legislation and these drafting guidelines shall be consistent with the provisions of this chapter.

12.3.3
Failing agreement on guidelines, Government shall Consult with the Council for Yukon Indians and with Yukon First Nations during the drafting of the Development Assessment Legislation.

12.3.4
Government shall recommend to Parliament or the Legislative Assembly, as the case may be, the Development Assessment Legislation consistent with this chapter as soon as practicable and in any event no later than two years after the effective date of Settlement Legislation.

12.3.5
Canada shall recommend to Parliament necessary amendments to existing Legislation including, but not limited to, the Yukon Quartz Mining Act, R.S.C. 1985, c. Y-4, Yukon Placer Mining Act, R.S.C. 1985, c. Y-3, Territorial Lands Act, R.S.C. 1985, c. T-7 and Northern Inland Waters Act, R.S.C. 1985, c. N-25, to ensure its conformity with the Development Assessment Legislation.

12.3.6
Prior to the enactment of Development Assessment Legislation, the parties to the Umbrella Final Agreement shall make best efforts to develop and incorporate in the implementation plan provided for in 12.19.1, interim measures for assessing a Project which shall be consistent with the spirit of this chapter and within the existing framework of Law and regulatory agencies.

12.4.0 Scope

12.4.1
Subject to this chapter, the following matters are subject to the development assessment process:

12.4.1.1
Projects and significant changes to Existing Projects; and

12.4.1.2
in accordance with 12.8.0,

(a) a proposed enterprise or activity located outside the Yukon with significant adverse environmental or socio-economic effects in the Yukon,

(b) temporary shutdown, abandonment or decommissioning of an Existing Project,

(c) Plans,

(d) Existing Projects,

(e) development assessment research, or

(f) studies of environmental or socio-economic effects that are cumulative regionally or over time.

12.4.2
YDAB and each Designated Office shall consider the following matters when carrying out their functions:

12.4.2.1
the need to protect the special relationship between Yukon Indian People and the Yukon wilderness Environment;

12.4.2.2
the need to protect the cultures, traditions, health and lifestyles of Yukon Indian People and of other residents of the Yukon;

12.4.2.3
the need to protect the rights of Yukon Indian People pursuant to the provisions of Settlement Agreements;

12.4.2.4
the interests of Yukon residents and Canadians outside the Yukon;

12.4.2.5
alternatives to the Project or alternative ways of carrying out the Project that avoid or minimize significant adverse environmental or socioeconomic effects;

12.4.2.6
measures for mitigation of and compensation for significant adverse environmental and socio-economic effects;

12.4.2.7
any significant adverse effect on Heritage Resources;

12.4.2.8
the need for a timely review of the Project;

12.4.2.9
the need to avoid duplication and, to the greatest extent practicable, provide certainty to all affected parties and Project proponents with respect to procedures, information requirements, time requirements, and costs; and

12.4.2.10
any other matters provided for in the Development Assessment Legislation.

12.5.0 Entry Point

12.5.1
Development Assessment Legislation shall provide criteria for classification of Projects and Existing Projects for determining their entry point to the development assessment process and further criteria for identifying exemptions from the process.

12.5.2
The entry point shall be either a Designated Office or YDAB.

12.6.0 Designated Office

12.6.1
In accordance with the Development Assessment Legislation, a Designated Office:

12.6.1.1
shall screen and may review Projects;

12.6.1.2
shall establish information requirements for Project proponents;

12.6.1.3
shall ensure that interested parties have the opportunity to participate in the assessment process;

12.6.1.4
shall make written recommendations to a Decision Body that a Project that has not been referred to YDAB be allowed to proceed, be allowed to proceed subject to any terms and conditions, or not be allowed to proceed;

12.6.1.5
may refer a Project to YDAB;

12.6.1.6
may determine the type of screening or review of a Project by that Designated Office;

12.6.1.7
may establish procedures pursuant to which a screening or review shall be conducted by that Designated Office;

12.6.1.8
may make written recommendations to a Decision Body that a Project audit or monitoring of effects be undertaken; and

12.6.1.9
may exercise any other powers and shall carry out any other duties provided for in the Development Assessment Legislation.

12.6.2
A Designated Office shall maintain a public registry in accordance with the Development Assessment Legislation.

12.6.3
Subject to 12.13.4.2, upon receipt of a recommendation from a Designated Office, a Decision Body shall, in a Decision Document, accept, vary, or reject the recommendations of that Designated Office.

12.7.0 Yukon Development Assessment Board

12.7.1
A Yukon Development Assessment Board shall be established pursuant to the Development Assessment Legislation.

12.7.2
YDAB shall be composed of an Executive Committee and an additional number of members determined in the Development Assessment Legislation.

12.7.3
The Executive Committee shall be composed of one member nominated by the Council for Yukon Indians, one member nominated by Government, and the chairperson of YDAB.

12.7.4
The Minister shall, after Consultation with the other members of the Executive Committee, appoint the chairperson of YDAB.

12.7.5
The Minister shall appoint the additional number of persons to YDAB, so that in total, excluding the chairperson, one half the members of YDAB are nominees of the Council for Yukon Indians and one half the members of YDAB are nominees of Government.

12.8.0 YDAB Powers and Responsibilities

12.8.1
In accordance with the Development Assessment Legislation, YDAB:

12.8.1.1
shall establish rules for its procedures;

12.8.1.2
shall in accordance with 12.9.0 and 12.10.0 ensure that a mandatory screening or review of a Project and a screening or review of a Project referred to it pursuant to this chapter are conducted and that written recommendations are made to a Decision Body concerning any significant adverse environmental or socio-economic effects of the Project;

12.8.1.3
may make written recommendations to a Decision Body that Project audits or effects monitoring be undertaken;

12.8.1.4
shall upon request by Government, or with the consent of Government, upon request from a Yukon First Nation,

(a) conduct a review,
(b) review a temporary shut down, abandonment, decommissioning or significant change,
(c) conduct an audit, or
(d) monitor effects, of a Project or an Existing Project, as the case may be;

12.8.1.5
may review Plans which may have significant adverse environmental or socio-economic effects in the Yukon, upon request of Government or, with the consent of Government, upon request by a Yukon First Nation;

12.8.1.6
shall notify Designated Offices and other relevant review bodies and agencies of a Project and of any decision to conduct a review of the Project;

12.8.1.7
may in accordance with 12.9.0 and 12.10.0 hold joint reviews with other bodies;

12.8.1.8
may upon request by Government or, with the consent of Government, upon request by a Yukon First Nation, undertake studies of environmental or socio-economic effects that are cumulative regionally or over time, or undertake development assessment research;

12.8.1.9
may upon request by Government or, with the consent of Government, upon request by a Yukon First Nation, review an enterprise or activity located outside of the Yukon which has significant adverse environmental or socio-economic effects on the Yukon;

12.8.1.10
may agree to review upon request by a Yukon First Nation and at the expense of that Yukon First Nation, any activity set out in 12.8.1.5, 12.8.1.8, and 12.8.1.9, without the consent of Government; and

12.8.1.11
may exercise any other powers and shall carry out any

12.8.2
YDAB shall establish structures and procedures to carry out its administrative functions.

12.8.3
YDAB shall maintain a public registry in accordance with the Development Assessment Legislation.

12.9.0 Executive Committee Powers

12.9.1
In accordance with the Development Assessment Legislation, the Executive Committee:

12.9.1.1
shall, before exercising any of its functions relating to the screening or review of a Project, satisfy itself that the Project proponent has,

(a) Consulted with affected communities,
(b) taken into consideration the matters identified in 12.4.2, and
(c) adhered to the procedural rules established by YDAB;

12.9.1.2
subject to 12.9.2, shall determine that a Project will be reviewed by a panel of YDAB or shall recommend to a Decision Body in writing with reasons that a Project not be reviewed by a panel;

12.9.1.3
shall, where it has recommended that a Project not be reviewed by a panel, make written recommendations to the Decision Body that the Project be allowed to proceed, be allowed to proceed subject to any terms and conditions, or not be allowed to proceed;

12.9.1.4
shall, where a review of a Project is to be conducted by a panel, determine whether the significant adverse environmental or socioeconomic effects of the Project will be,

(a) primarily on Settlement Land,
(b) primarily on Non-Settlement Land, or
(c) on both Settlement Land and Non-Settlement Land but not primarily on either Settlement Land or Non-Settlement Land;

12.9.1.5
where a review of a Project is to be conducted by a panel, establish terms of reference for the panel, and appoint a chairperson for the panel;

12.9.1.6
shall issue an annual report; and

12.9.1.7
may exercise any other power and shall carry out any other duty set out in the Development Assessment Legislation.

12.9.2
Subject to 12.9.4, the Executive Committee shall establish a panel to conduct a public review of a Project if:

12.9.2.1
it determines that the Project may have significant adverse environmental or socio-economic effects in the Yukon or outside the Yukon;

12.9.2.2
it determines that the Project causes or is likely to cause significant public concern in the Yukon;

12.9.2.3
it determines that the Project involves technology which is controversial in the Yukon or for which the effects are unknown; or

12.9.2.4
it determines that the Project, while not generating significant adverse environmental or socio-economic effects by itself, may contribute significantly to cumulative adverse environmental or socio-economic effects in the Yukon.

12.9.3
Subject to 12.9.4, the Executive Committee shall establish a panel to conduct:

12.9.3.1
a public review of a Project, subject to 12.9.3.2, where a Decision Body rejects the Executive Committee's recommendation that the Project not be publicly reviewed by a panel; or

12.9.3.2
a public review or other form of review as Government or a Yukon First Nation may require, where Government or a Yukon First Nation requests a review pursuant to 12.8.0.

12.9.4
The Development Assessment Legislation shall provide for the avoidance of duplication of any public review by a federal environmental assessment panel and YDAB, or by the Inuvialuit Environmental Impact Review Board and YDAB, either by requiring a public review only by one of those bodies or a public review by a joint body.

12.9.5
Where it is proposed by Government in accordance with 12.9.4 that a Project be reviewed publicly by a federal environmental assessment panel instead of by YDAB, consent of the affected Yukon First Nation shall be required before the federal environmental assessment panel is established.

12.9.6
If the consent pursuant to 12.9.5 is not provided within 30 days of a request from the Minister responsible for the federal environmental assessment panel, that Minister may require the Project be reviewed publicly by the federal environmental assessment panel instead of YDAB provided that:

12.9.6.1
that Minister shall appoint members to a panel in accordance with that Minister's practice and at least one quarter of the panel members shall be appointed from a list of nominees given to that Minister by the Council for Yukon Indians and at least one quarter from a list of nominees given to that Minister by the Yukon. Members of YDAB are eligible to be appointed to the panel; and

12.9.6.2
the recommendations made by the panel to that Minister shall be deemed to be written recommendations of YDAB within the meaning of 12.12.0. Such recommendations shall be referred to the Decision Body, to be dealt with in accordance with 12.12.0, 12.13.0 and 12.14.0 as if they were recommendations of YDAB, except that 12.12.1.2 does not apply.

12.10.0 Panels of YDAB

12.10.1
Where the Executive Committee determines that the primary significant adverse environmental or socio-economic effects of a Project are on Settlement Land, two thirds of the members of a panel shall be members nominated to YDAB by the Council for Yukon Indians and one third of the members of the panel shall be members nominated to YDAB by Government.

12.10.2
Where the Executive Committee determines that the primary significant adverse environmental or socio-economic effects of a Project are on Non- Settlement Land, two thirds of the members of a panel shall be members nominated to YDAB by Government and one third of the members of the panel shall be members nominated to YDAB by the Council for Yukon Indians.

12.10.3
Where the Executive Committee determines that the significant adverse environmental or socio-economic effects of a Project are on both Settlement Land and Non-Settlement Land but not primarily on either Settlement Land or Non-Settlement Land, apart from the chairperson, one half of the members of the panel shall be members nominated to YDAB by the Council for Yukon Indians and one half of the members of the panel shall be members nominated to YDAB by Government.

12.10.4
For the purposes of 12.10.0, "Settlement Land" may, if so provided in a Transboundary Agreement, include land in the Yukon held by that transboundary claimant group pursuant to its Transboundary Agreement.

12.11.0 Panel Powers

12.11.1
In accordance with the Development Assessment Legislation, a panel established pursuant to 12.10.0 to review a Project:

12.11.1.1
shall determine the information required from the Project proponent, the manner in which the review shall be conducted, a review schedule, and Yukon First Nation, public and local, territorial and federal government involvement in the review and such other matters as the panel considers appropriate;

12.11.1.2
shall make written recommendations to a Decision Body that a Project be allowed to proceed subject to terms and conditions or not be allowed to proceed;

12.11.1.3
may make written recommendations to a Decision Body that Project audits or effects monitoring be undertaken; and

12.11.1.4
may exercise any power and shall carry out any other responsibility set out in the Development Assessment Legislation.

12.11.2
Written recommendations and reports of a panel shall be deemed to be written recommendations and reports of YDAB.

12.12.0 YDAB Recommendations

12.12.1
Upon receipt of written recommendations and reports from YDAB a Decision Body shall:

12.12.1.1
accept the recommendations in their entirety in writing in a Decision Document;

12.12.1.2
refer the recommendations back to YDAB for further consideration; or

12.12.1.3
subject to 12.13.4.2, subsequent to the reconsideration by YDAB, accept the recommendations, vary the recommendations, or reject the recommendations in writing in a Decision Document.

12.12.2
Where a Decision Body rejects or varies the recommendations of YDAB, the Decision Body shall provide written reasons to YDAB which shall be available to the public.

12.13.0 Determination of the Decision Body

12.13.1
Where a Project is located wholly or partially on Settlement Land, a Decision Document is required from:

12.13.1.1
a Yukon First Nation, where the Yukon First Nation is empowered by Yukon First Nation self-government Legislation or Settlement Agreements to require its approval or other authorization, other than for access to Settlement Land as provided in Settlement Agreements; or

12.13.1.2
a Yukon First Nation, where the Project does not require a Decision Document from Government; and

12.13.1.3
Government, where the Project involves the Right to Work Mines and Minerals on Category B or Fee Simple Settlement Land, or where the Project requires an approval or other authorization from Government.

12.13.2
Where a Project is located wholly or partially on Non-Settlement Land, a Decision Document is required from Government.

12.13.3
Government and the Yukon First Nation shall Consult with each other before issuing a Decision Document for a Project where Decision Documents for the Project are required from both Decision Bodies.

12.13.4
Where a Decision Document is required from both Decision Bodies and the Project involves the Right to Work Mines and Minerals on Category B or Fee Simple Settlement Land:

12.13.4.1
the Decision Bodies shall endeavour to make the terms and conditions of their Decision Document conform;

12.13.4.2
notwithstanding 12.6.3 and 12.12.1.3, the Decision Bodies may only reject or vary the terms and conditions contained in the recommendations of YDAB or a Designated Office on the grounds that, to accomplish the objectives of this chapter, any of the terms and conditions are,

(a) insufficient to achieve an acceptable level of environmental and socio-economic impacts in the Yukon,
(b) more onerous than necessary to achieve an acceptable level of environmental and socio-economic impact in the Yukon, or
(c) so onerous as to undermine the economic viability of a Project; and

12.13.4.3
where the terms and conditions of the Decision Documents conflict, Government and the Yukon First Nation shall, subject to 12.14.8, exercise any discretion in granting an interest in, or authorizing the use of land, water, or other resources, in conformity with the terms and conditions of the Decision Document issued by Government.

12.14.0 Implementation of Decision Document

12.14.1
Government shall:

12.14.1.1
subject to 12.14.8, exercise any discretion in granting an interest in, or authorizing the use of land, water, or other resources in conformity with the terms and conditions of a Decision Document issued by Government; and

12.14.1.2
not issue any approval, authorization or, subject to Development Assessment Legislation under 12.19.2.14, provide financial assistance to a proponent with respect to a Project prior to issuing a Decision Document.

12.14.2
Nothing in 12.13.4.3 or 12.14.1.1 shall be construed to require Government to enact or amend Legislation to implement a Decision Document issued by Government or to require Government to grant an interest in or authorize the use of land, water or other resources. 12.14.3 A Yukon First Nation shall:

12.14.3.1
subject to 12.13.4.3 and 12.14.8, exercise any discretion in granting an interest in, or authorizing the use of, land, water, or other resources in conformity with the terms and conditions of a Decision Document issued by the Yukon First Nation; and

12.14.3.2
not issue any approval, authorization or, subject to Development Assessment Legislation under 12.19.2.14, provide financial assistance to a proponent with respect to a Project prior to issuing a Decision Document.

12.14.4
Nothing in 12.13.4.3 or 12.14.3.1 shall be construed to require a Yukon First Nation to enact or amend laws passed pursuant to self-government Legislation to implement a Decision Document issued by the Yukon First Nation or as requiring the Yukon First Nation to grant an interest in or authorize the use of land, water or other resources.

12.14.5
Where the Project proponent requires a licence, permit, or other authorization from the National Energy Board or other Independent Regulatory Agency identified in the Development Assessment Legislation under 12.19.2.13, the Decision Body shall send the Decision Document to the National Energy Board or other Independent Regulatory Agency.

12.14.6
An Independent Regulatory Agency other than the National Energy Board, in issuing a licence, permit or other authorization for a Project shall endeavour to make the terms and conditions of such authorization conform, to the extent practicable, with the terms and conditions of a Decision Document issued by Government for the Project.

12.14.7
The National Energy Board, in issuing a licence, permit or other authorization for a Project, shall take into consideration the terms and conditions of a Decision Document issued by Government for the Project. 12.14.8 Where there is a conflict between the terms and conditions of a Decision Document for a Project and the terms and conditions of a licence, permit, or other authorization for the Project issued by the National Energy Board or other Independent Regulatory Agency, the terms and conditions of the licence, permit, or other authorization for the Project issued by the National Energy Board or other Independent Regulatory Agency, as the case may be, shall prevail to the extent of the conflict.

12.14.9
Where the terms and conditions of a licence, permit or other authorization for a Project issued by the National Energy Board or other Independent Regulatory Agency vary from those in a Decision Document issued by Government, that agency shall provide written reasons for such variance to the Decision Body.

12.15.0 Monitoring and Enforcement

12.15.1
Nothing in this chapter shall be construed to affect Government's responsibility for the compliance monitoring of Projects.

12.15.2
YDAB may make recommendations under 12.9.1.3 to a Decision Body that Project audits or effects monitoring be undertaken.

12.15.3
Upon request by YDAB, a Decision Body shall provide to YDAB information obtained through effects monitoring undertaken after the acceptance by the Decision Body of a recommendation made pursuant to 12.15.2.

12.15.4
YDAB may issue reports, including recommendations to a Decision Body, based on the review of the results of effects monitoring studies.

12.15.5
The Development Assessment Legislation may provide for the enforcement of Decision Documents.

12.15.6
YDAB may recommend to a Decision Body that YDAB or any other body hold a public hearing if YDAB determines that the terms and conditions of a Decision Document issued by that Decision Body may have been violated.

12.15.7
If the recommendation of YDAB pursuant to 12.15.6 is accepted by the Decision Body, then YDAB or the other body shall hold a public hearing.

12.15.8
After a body holds a public hearing under 12.15.7, the body may make recommendations to the Decision Body in respect of the disposition of the matter.

12.16.0 Transboundary Impacts

12.16.1
Government shall make best efforts to negotiate with other relevant jurisdictions, in Consultation with affected Yukon First Nations, agreements or cooperative arrangements that provide for development assessments equivalent to the screening and review requirements in the Yukon for enterprises or activities located outside the Yukon that may have significant adverse environmental or socio-economic effects on the Yukon.

12.16.2
The representation of transboundary claimant groups on the YDAB shall be as established in Transboundary Agreements and, in any case, the proportion of Government nominees on a panel shall be as provided in this chapter.

12.16.3
Prior to the enactment of Settlement Legislation, the parties to the Umbrella Final Agreement shall make best efforts to resolve any conflict and avoid any duplication in North Yukon between the development assessment process provided pursuant to this chapter and the environmental impact screening and review process provided pursuant to the Inuvialuit Final Agreement.

12.17.0 Relationship to Land Use Planning

12.17.1
Where YDAB or a Designated Office receives a Project application in a region where a regional land use plan is in effect, YDAB or the Designated Office, as the case may be, shall request that the Regional Land Use Planning Commission for the planning region determine whether or not the Project is in conformity with the approved regional land use plan.

12.17.2
Where a Regional Land Use Planning Commission is preparing a regional land use plan, YDAB or a Designated Office, as the case may be, shall provide the Regional Land Use Planning Commission with the information it has on any Project in the planning region for which a review is pending and shall invite the Regional Land Use Planning Commission to make representations to the panel or the Designated Office.

12.17.3
Where a panel is reviewing a Project and a Regional Land Use Planning Commission has determined pursuant to 12.17.1 that the Project does not conform with an approved regional land use plan, the panel shall consider the regional land use plan in its review, invite the relevant Regional Land Use Planning Commission to make representations to the panel and make recommendations to the Decision Body that conform so far as possible to the approved regional plan.

12.17.4
Where a Decision Document states that a non-conforming Project may proceed, the Project proponent may proceed with the Project if permitted by and in accordance with Law.

12.17.5
The Development Assessment Legislation shall set out the relationship between the issuance of a Decision Document for a Project that has not been assessed by YDAB and the grant of a variance from a regional land use plan or the amendment of the land use plan.

12.18.0 Funding

12.18.1
Each Designated Office, after Consultation with the affected Yukon First Nation, shall prepare a budget respecting its responsibilities under the Development Assessment Legislation and this chapter and shall submit that budget to YDAB or to Government, whichever is designated by Government from time to time.

  12.18.2
YDAB shall, on an annual basis, review all budgets submitted to it under 12.18.1 and shall prepare an annual budget for its responsibilities and for those of each Designated Office under the Development Assessment Legislation and this chapter for review and approval by Government. The approved expenses of YDAB and the Designated Offices shall be a charge on Government.

12.19.0 Implementation

12.19.1
Government, in Consultation with the Yukon First Nations, shall prepare a detailed plan:

12.19.1.1
providing for the planning and implementation of the Development Assessment Legislation which addresses the involvement of Yukon First Nations; and

12.19.1.2
providing for the application of the Development Assessment Legislation until Yukon First Nation Final Agreements have been negotiated.

12.19.2
Development Assessment Legislation may provide the following:

12.19.2.1
criteria for classification of Projects for the determination of the entry point to the development assessment process;

12.19.2.2
classification of Projects for which screening and review by YDAB is mandatory;

12.19.2.3
criteria to determine the significance of adverse environmental or socio-economic effects;

12.19.2.4
the type of Plan which YDAB may review without a request by Government or Yukon First Nations;

12.19.2.5
criteria for the classes of enterprises or activities which are exempt from screening and review;

12.19.2.6
the role of YDAB, Yukon First Nations, Government, Project proponents or other participants in the provision of participant funding in reviews of Projects;

12.19.2.7
the ability of the Minister to identify a Designated Office for a type of Project;

12.19.2.8
the manner in which a Designated Office conducts a review;

12.19.2.9
time limits for activities or functions of YDAB, Designated Offices, the Minister and Yukon First Nations;

12.19.2.10
procedural requirements for Project proponents and other participants;

12.19.2.11
public participation in the review of Projects;

12.19.2.12
the process for joint reviews by YDAB and other bodies;

12.19.2.13
a listing of Independent Regulatory Agencies;

12.19.2.14
conditions respecting the provision of financial assistance to a proponent prior to assessment of a Project; and

12.19.2.15
any other matter required to implement the development assessment process.

12.19.3
A comprehensive review of the development assessment process by the parties to the Umbrella Final Agreement shall be completed five years after the enactment of Development Assessment Legislation.

12.19.4
Nothing in this chapter shall be construed to prevent Government, in Consultation with Yukon First Nations, from acting to improve or enhance socio-economic or environmental procedures in the Yukon in the absence of any approved detailed design of the development assessment process.

12.19.5
Nothing in this chapter shall be construed to affect any existing development assessment process in the Yukon prior to the Development Assessment Legislation coming into effect.

 




Chapter 13 - Heritage

13.1.0 Objectives

13.1.1
The objectives of this chapter are as follows:

13.1.1.1
to promote public awareness, appreciation and understanding of all aspects of culture and heritage in the Yukon and, in particular, to respect and foster the culture and heritage of Yukon Indian People;

13.1.1.2
to promote the recording and preservation of traditional languages, beliefs, oral histories including legends, and cultural knowledge of Yukon Indian People for the benefit of future generations;

13.1.1.3
to involve equitably Yukon First Nations and Government, in the manner set out in this chapter, in the management of the Heritage Resources of the Yukon, consistent with a respect for Yukon Indian values and culture;

13.1.1.4
to promote the use of generally accepted standards of Heritage Resources management, in order to ensure the protection and conservation of Heritage Resources;

13.1.1.5
to manage Heritage Resources owned by, or in the custody of, Yukon First Nations and related to the culture and history of Yukon Indian People in a manner consistent with the values of Yukon Indian People, and, where appropriate, to adopt the standards of international, national and territorial Heritage Resources collections and programs;

13.1.1.6
to manage Heritage Resources owned by, or in the custody of, Government and related to the culture and history of Yukon Indian People, with respect for Yukon Indian values and culture and the maintenance of the integrity of national and territorial Heritage Resources collections and programs;

13.1.1.7
to facilitate reasonable public access, except where the nature of the Heritage Resource or other special circumstances warrant otherwise;

13.1.1.8
to identify and mitigate the impact of development upon Heritage Resources through integrated resource management including land use planning and development assessment processes;

13.1.1.9
to facilitate research into, and the management of, Heritage Resources of special interest to Yukon First Nations;

13.1.1.10
to incorporate, where practicable, the related traditional knowledge of a Yukon First Nation in Government research reports and displays which concern Heritage Resources of that Yukon First Nation;

13.1.1.11
to recognize that oral history is a valid and relevant form of research for establishing the historical significance of Heritage Sites and Moveable Heritage Resources directly related to the history of Yukon Indian People; and

13.1.1.12
to recognize the interest of Yukon Indian People in the interpretation of aboriginal Place Names and Heritage Resources directly related to the culture of Yukon Indian People.

13.2.0 Definitions

In this chapter, the following definitions shall apply.

"Non-Public Records" means all Documentary Heritage Resources other than Public Records.

"Place Names" includes Yukon Indian place names.

"Public Records" means records held by any department or agency or public office of any level of Government, and records which were formerly held by any such department, agency or public office.

13.3.0 Ownership and Management

13.3.1
Each Yukon First Nation shall own and manage Moveable Heritage Resources and non-Moveable Heritage Resources and Non-Public Records, other than records which are the private property of any Person, found on its Settlement Land and on those Beds of waterbodies owned by that Yukon First Nation.

13.3.2
Subject to 13.3.5 to 13.3.7, each Yukon First Nation shall own and manage ethnographic Moveable Heritage Resources and Documentary Heritage Resources that are not Public Records and that are not the private property of any Person, that are found in its respective Traditional Territory and that are directly related to the culture and history of Yukon Indian People.

13.3.2.1
If more than one Yukon First Nation asserts ownership of a Heritage Resource pursuant to 13.3.2, they shall attempt to resolve the matter among themselves, and, failing resolution, any one of them may refer the matter to the Yukon Heritage Resources Board which shall determine ownership of the Heritage Resource in dispute.

13.3.3
Subject to 13.3.5 to 13.3.7, Moveable Heritage Resources and Documentary Heritage Resources which are not ethnographic resources directly related to the culture and history of Yukon Indian People and which are found on Non-Settlement Land shall be owned by Government.

13.3.4
Public Records, wherever they are found, shall be owned and managed by the Government by which they were created or held.

13.3.5
In the event that a Moveable Heritage Resource found on Non-Settlement Land in a Traditional Territory cannot be readily identified as an ethnographic object directly related to the culture and history of Yukon Indian People, that object shall be held in custody by Government until the nature of the object has been determined.

13.3.6
If the object in 13.3.5 is determined by the Yukon Heritage Resources Board to be:

13.3.6.1
an ethnographic object directly related to the culture and history of Yukon Indian People, it shall be owned and managed by the Yukon First Nation in whose Traditional Territory it was found; or

13.3.6.2
an ethnographic object not directly related to the culture and history of Yukon Indian People, or to be a palaeontological or an archaeological object, it shall be owned and managed by Government.

13.3.7
Where the Board is unable to reach a majority decision under 13.3.6, the issue of whether the ethnographic object is directly related to the culture and history of the Yukon Indian People shall be referred to the dispute resolution process under 26.3.0.

13.3.8
Agreements may be entered into by Government and Yukon First Nations with respect to the ownership, custody or management of Heritage Resources.

13.4.0 General

13.4.1
As the Heritage Resources of Yukon Indian People are underdeveloped relative to non-Indian Heritage Resources, priority in the allocation of Government program resources available from time to time for Yukon Heritage Resources development and management shall, where practicable, be given to the development and management of Heritage Resources of Yukon Indian People, until an equitable distribution of program resources is achieved.

13.4.2
Once an equitable distribution of program resources is achieved, Heritage Resources of Yukon Indian People shall continue to be allocated an equitable portion of Government program resources allocated from time to time for Yukon Heritage Resources development and management.

13.4.3
Government, where practicable, shall assist Yukon First Nations to develop programs, staff and facilities to enable the repatriation of Moveable and Documentary Heritage Resources relating to the culture and history of Yukon Indian People which have been removed from the Yukon, or are retained at present in the Yukon, where this is consistent with the maintenance of the integrity of national or territorial collections.

13.4.4
A Yukon First Nation or a Yukon Indian Person who is an owner of a Heritage Resource may transfer the ownership or custody of the Heritage Resource to another Yukon First Nation or to another aboriginal person.

13.4.5
Government shall Consult Yukon First Nations in the formulation of Legislation and related Government policies on Heritage Resources in the Yukon.

13.4.6
Yukon First Nation Final Agreements may include provisions in respect of territorial heritage parks or sites, heritage rivers, heritage routes, heritage buildings, special management areas for Heritage Resources, for other sites or areas of unique cultural or heritage significance, or for other such heritage matters.

Specific Provision

13.4.6.1
The heritage routes and sites in the Vuntut Gwitchin First Nation Traditional Territory identified in Schedule A - Heritage Routes and Sites, attached to this chapter, and on map "Vuntut Gwitchin Heritage Routes and Sites, (VGHRAS)", in Appendix B - Maps, which forms a separate volume to this Agreement, are recognized as having cultural and heritage significance to the Vuntut Gwitchin and the Vuntut Gwitchin First Nation.

13.4.6.2
In developing a land use plan which includes all or part of the Vuntut Gwitchin First Nation Traditional Territory, a Regional Land Use Planning Commission shall take into account the cultural and heritage significance of the heritage routes and sites identified in Schedule A - Heritage Routes and Sites, attached to this chapter, and on map "Vuntut Gwitchin Heritage Routes and Sites, (VGHRAS)", in Appendix B - Maps, which forms a separate volume to this Agreement.

13.4.6.3
In carrying out their functions under Chapter 12 - Development Assessment, the Yukon Development Assessment Board and Designated Offices shall consider any significant adverse effect on the heritage routes and sites identified in Schedule A - Heritage Routes and Sites, attached to this chapter, and on map "Vuntut Gwitchin Heritage Routes and Sites, (VGHRAS)", in Appendix B - Maps, which forms a separate volume to this Agreement.

13.4.6.4
Nothing in 13.4.6.1 to 13.4.6.3 shall be construed as an obligation or commitment by Government or the Vuntut Gwitchin First Nation to maintain the identified heritage routes or sites or to guarantee that the heritage routes or sites will continue to exist in their current state.

13.4.6.5
The Rampart House historic site and the Lapierre House historic site shall be established as Designated Heritage Sites, and the specific provisions in respect of the Rampart House historic site and the Lapierre House historic site are set out in Schedule B - Rampart House Historic Site and Lapierre House Historic Site, attached to this chapter.

13.4.7
Any granting of access to the public, third parties or Government to Settlement Land shall not divest the Yukon First Nation of the ownership or management of Heritage Resources on Settlement Land.

13.4.8
In accordance with Government procedures on access to and duplication of records, and subject to access to information, protection of privacy and copyright Legislation and to any agreements respecting records or the information contained in them, Government, within existing budgets, shall facilitate the preparation of an inventory of Moveable Heritage Resources and Heritage Sites which relate to Yukon First Nations.

13.5.0 Yukon Heritage Resources Board

13.5.1
A Yukon Heritage Resources Board, comprised of 10 members and composed of equal numbers of appointees nominated by the Council for Yukon Indians, and of appointees nominated by Government, shall be established to make recommendations respecting the management of Moveable Heritage Resources and Heritage Sites to the Minister and to Yukon First Nations.

13.5.2
The Board shall operate in the public interest.

13.5.3
The Board may make recommendations to the Minister and to Yukon First Nations on:

13.5.3.1
the management of non-documentary Heritage Resources;

13.5.3.2
means by which the traditional knowledge of Yukon Indian Elders may be considered in the management of Moveable Heritage Resources and Heritage Sites in the Yukon;

13.5.3.3
means by which the traditional languages of Yukon First Nations can be recorded and preserved;

13.5.3.4
the review, approval, amendment or repeal of regulations pursuant to heritage Legislation pertaining to Moveable Heritage Resources and Heritage Sites in the Yukon;

13.5.3.5
the development and revision of a strategic plan for the preservation and management of Moveable Heritage Resources and Heritage Sites in the Yukon;

13.5.3.6
the development, revision and updating of a manual including definitions of ethnographic, archaeological, palaeontological and historic resources, to facilitate the management and interpretation of these resources by Government and Yukon First Nations, such manual to be developed by Yukon First Nations and Government;

13.5.3.7
the development, revision and updating of the inventory of Yukon Indian Heritage Resources provided for in 13.4.8;

13.5.3.8
means by which public awareness and appreciation of Moveable Heritage Resources and Heritage Sites may be fostered;

13.5.3.9
designation of Heritage Sites as Designated Heritage Sites; and

13.5.3.10
any other matter related to Heritage Resources of the Yukon.

13.5.4
In modifying or rejecting recommendations of the Board, Government or Yukon First Nations shall provide the Board with one opportunity to resubmit recommendations for the approval of Government or Yukon First Nations.

13.6.0 National Parks and National Historic Sites

13.6.1
The management of Heritage Resources in National Parks, in Kluane National Park Reserve and in national historic sites administered by the Canadian Parks Service shall be as set out in the relevant Yukon First Nation Final Agreement.

13.7.0 Research

13.7.1
Research or interpretative reports produced by Government or its agents regarding Yukon Heritage Resources shall be made available to the affected Yukon First Nation.

13.7.2
Where feasible, research reports in 13.7.1 or portions thereof, shall be made available to the public, recognizing that some reports may be restricted due to the sensitive nature of the information contained therein.

13.8.0 Heritage Sites

13.8.1
Ownership and management of Heritage Sites in a Yukon First Nation's Traditional Territory shall be addressed in that Yukon First Nation Final Agreement.

Specific Provision

13.8.1.1
The ownership of land in the Vuntut Gwitchin First Nation Traditional Territory is not affected by reason of that land being a Heritage Site or a Designated Heritage Site.

13.8.1.2
The following provisions shall apply to the management of Heritage Sites:

(a) if, as of the Effective Date of this Agreement, Government has a prepared written inventory of sites within the Vuntut Gwitchin First Nation Traditional Territory identified by Government as Heritage Sites, Government shall make a copy of the written inventory available to the Vuntut Gwitchin First Nation;

(b) when requested by the Vuntut Gwitchin First Nation, Government shall consider protection within existing Legislation for a period of time of a Heritage Site directly related to the culture and heritage of Vuntut Gwitchin which is on Non-Settlement Land, Category B Settlement Land or Fee Simple Settlement Land within the Vuntut Gwitchin First Nation Traditional Territory, pending a decision by the Minister whether to designate the Heritage Site as a Designated Heritage Site;

(c) Government shall Consult with the Vuntut Gwitchin First Nation regarding the terms and conditions of the temporary protection which might apply to the Heritage Site; and

(d) Government shall advise the Vuntut Gwitchin First Nation when land within the Vuntut Gwitchin First Nation Traditional Territory is identified by Government as a proposed Designated Heritage Site.

13.8.1.3
The Vuntut Gwitchin First Nation and Government may enter into agreements with respect to the ownership and management of Designated Heritage Sites.

13.8.1.4
Management plans for Designated Heritage Sites directly related to the culture and heritage of Vuntut Gwitchin may provide for the use of the Gwitchin language in interpretive displays and signage.

13.8.2
Government and the affected Yukon First Nation shall consider the land use activities of other resource users in the management of interpretive and research activities at Heritage Sites.

13.8.3
Government and the affected Yukon First Nation shall institute a permit system for research at any site which may contain Moveable Heritage Resources.

Specific Provision

13.8.3.1
Government shall Consult the Vuntut Gwitchin First Nation before issuing a permit for research at a Heritage Site which is directly related to the culture and heritage of Vuntut Gwitchin in the Vuntut Gwitchin First Nation Traditional Territory.

13.8.4
Access to Designated Heritage Sites shall be controlled in accordance with the terms of site management plans which have been reviewed by the Board, and approved and implemented by Government or the affected Yukon First Nation.

13.8.5
Government and the affected Yukon First Nation, when controlling access to Designated Heritage Sites, shall consider:

13.8.5.1
the interests of permitted researchers;

13.8.5.2
the interest of the general public; and

13.8.5.3
the requirements of special events and traditional activities.

13.8.6
Except as otherwise provided in this chapter, the protection of Heritage Resources in or discovered on Non-Settlement Land, either by accident or otherwise, during construction or excavation shall be provided for in Laws of General Application.

13.8.7
Procedures to deal with the accidental discovery of Heritage Resources on Settlement Land shall be provided in each Yukon First Nation's Final Agreement.

Specific Provision

13.8.7.1
A Person who accidentally discovers a Heritage Resource on Settlement Land of the Vuntut Gwitchin First Nation shall take such steps as are reasonable in all circumstances to safeguard the Heritage Resource and shall report as soon as practicable that discovery to the Vuntut Gwitchin First Nation.

13.8.7.2
A Person described in 13.8.7.1 who is not exercising a right of access or a right to use Settlement Land of the Vuntut Gwitchin First Nation provided for in this Agreement may only continue to disturb a Heritage Site or Moveable Heritage Resource with the consent of the Vuntut Gwitchin First Nation.

13.8.7.3
A Person described in 13.8.7.1 who is exercising a right of access or a right to use Settlement Land of the Vuntut Gwitchin First Nation provided for in this Agreement shall not further disturb a Heritage Site or a Moveable Heritage Resource unless permitted by Laws of General Application and that Person obtains:

(a) the consent of the Vuntut Gwitchin First Nation; or

(b) failing consent, an order of the Surface Rights Board setting out the terms and conditions of further disturbing of the Heritage Site or the Moveable Heritage Resource.

13.8.7.4
The Vuntut Gwitchin First Nation shall report, as soon as practicable, to Government the discovery of any Documentary Heritage Resource reported to the Vuntut Gwitchin First Nation under 13.8.7.1.

13.8.7.5
Government and the Vuntut Gwitchin First Nation shall attempt to agree whether a Documentary Heritage Resource described in 13.8.7.4 is a Public Record or a Non-Public Record, and, failing agreement, either may refer the matter to the dispute resolution process under 26.3.0.

13.8.7.6
If a Documentary Heritage Resource is a Non-Public Record, the Vuntut Gwitchin First Nation shall make reasonable efforts to determine if it is privately owned.

13.9.0 Yukon First Nation Burial Sites

13.9.1
Government and Yukon First Nations shall each establish procedures to manage and protect Yukon First Nation Burial Sites which shall:

13.9.1.1
restrict access to Yukon First Nation Burial Sites to preserve the dignity of the Yukon First Nation Burial Sites;

13.9.1.2
where the Yukon First Nation Burial Site is on Non-Settlement Land, require the joint approval of Government and the Yukon First Nation in whose Traditional Territory the Yukon First Nation Burial Site is located for any management plans for the Yukon First Nation Burial Site; and

13.9.1.3
provide that, subject to 13.9.2, where a Yukon First Nation Burial Site is discovered, the Yukon First Nation in whose Traditional Territory the Yukon First Nation Burial Site is located shall be informed, and the Yukon First Nation Burial Site shall not be further disturbed.

13.9.2
Where a Person discovers a Yukon First Nation Burial Site in the course of carrying on an activity authorized by Government or a Yukon First Nation, as the case may be, that Person may carry on the activity with the agreement of the Yukon First Nation in whose Traditional Territory the Yukon First Nation Burial Site is located.

13.9.3
In the absence of agreement under 13.9.2, the Person may refer the dispute to arbitration under 26.7.0 for a determination of the terms and conditions upon which the Yukon First Nation Burial Site may be further disturbed.

13.9.4
Any exhumation, examination, and reburial of human remains from a Yukon First Nation Burial Site ordered by an arbitrator under 13.9.3 shall be done by, or under the supervision of, that Yukon First Nation.

13.9.5
Except as provided in 13.9.2 to 13.9.4, any exhumation, scientific examination and reburial of remains from Yukon First Nation Burial Sites shall be at the discretion of the affected Yukon First Nation.

13.9.6
The management of burial sites of a transboundary claimant group in the Yukon shall be addressed in that Transboundary Agreement.

13.10.0 Documentary Heritage Resources

13.10.1
Public Records shall be managed in accordance with Laws of General Application.

13.10.2
In accordance with Government policies and procedures on access to and duplication of records, and subject to access to information, protection of privacy and copyright Legislation and to agreements respecting the records, Government shall make available to a Yukon First Nation, for copying, Documentary Heritage Resources in Government custody relating to that Yukon First Nation.

13.10.3
Yukon First Nations shall be Consulted in the formulation of any Legislation and related Government policy on Documentary Heritage Resources in the Yukon relating to Yukon Indian People.

13.10.4
Government shall, where practicable, Consult and cooperate with the affected Yukon First Nations on the management of Documentary Heritage Resources in the Yukon relating to Yukon Indian People.

13.10.5
Government shall Consult and cooperate with Yukon First Nations in the preparation of displays and inventories of Documentary Heritage Resources in the Yukon relating to the Yukon Indian People.

13.10.6
Provisions for Consultation and cooperation between Government and Yukon First Nations on the management of Documentary Heritage Resources by Yukon First Nations may be included in a Yukon First Nation Final Agreement.

13.10.7
Government and Yukon First Nations may work cooperatively with Yukon Indian Elders on the interpretation of Documentary Heritage Resources relating to Yukon Indian People.

13.10.8
Yukon First Nations shall own all Documentary Heritage Resources found on Settlement Land other than Public Records or records which are the private property of any Person.

13.11.0 Place Names

13.11.1
There shall be a Yukon Geographical Place Names Board consisting of six people and composed of equal numbers of appointees nominated by the Council for Yukon Indians and appointees nominated by Government.

13.11.2
When considering the naming or renaming of places or features located within the Traditional Territory of a Yukon First Nation, or when acting with a federal agency where joint jurisdiction over the naming of the place or feature exists, the Yukon Geographical Place Names Board shall Consult with that Yukon First Nation.

13.11.3
A Yukon First Nation may name or rename places or geographical features on Settlement Land and such place names shall be deemed to be approved by the Yukon Geographical Place Names Board.

13.11.4
Traditional aboriginal place names shall be included, to the extent practicable and in accordance with map production specifications of Canada, on revised maps of the National Topographic Series.

13.12.0 Economic Opportunities

13.12.1
Economic opportunities, including training, employment and contract opportunities for Yukon Indian People at Designated Heritage Sites and other facilities related to Heritage Resources, shall be considered in Yukon First Nation Final Agreements.

Specific Provision

13.12.1.1
Government shall provide written notice to the Vuntut Gwitchin First Nation of any invitation for public tenders for contracts associated with the management of a Designated Heritage Site directly related to the history or culture of Yukon Indian People within the Vuntut Gwitchin First Nation Traditional Territory.

13.12.1.2
Where the Yukon requires extra personnel to carry out work on the LaPierre House Designated Heritage Site or the Ramparts House Designated Heritage Site, the Yukon shall hire Vuntut Gwitchin who are qualified and available.

13.12.1.3
The Vuntut Gwitchin First Nation shall have the first opportunity to accept any fixed term contract offered by Government associated with the managment of a Designated Heritage Site directly related to the history and culture of Yukon Indian People within the Vuntut Gwitchin First Nation Traditional Territory.

13.12.1.4
Any failure to provide written notice pursuant to 13.12.1.1 shall not affect the public tender process or the contract awards resulting therefrom.

13.12.1.5
Any failure to provide a first opportunity pursuant to 13.12.1.3 shall not affect any fixed term contract entered into associated with the management of a Designated Heritage Site directly related to the history or culture of Yukon Indian People within the Vuntut Gwitchin First Nation Traditional Territory.

13.12.1.6
Government shall include in any contract opportunities associated with the managment of a Designated Heritage Site directly related to the history and culture of Yukon Indian People in the Vuntut Gwitchin First Nation Traditional Territory:

(a) a criterion for Vuntut Gwitchin employment; and

(b) a criterion for special Vuntut Gwitchin knowledge or experience related to the Heritage Site.

13.12.1.7
Nothing in 13.12.1.6 shall be construed to mean that a criterion for Vuntut Gwitchin employment or special knowledge or experience shall be the determining criterion in awarding any contract.

SCHEDULE A
HERITAGE ROUTES AND SITES

The following routes and sites, which are also identified by number on map "Vuntut Gwitchin Heritage Routes and Sites, (VGHRAS)", in Appendix B - Maps, which forms a separate volume to this Agreement, are the routes and sites referred to in 13.4.6.1 to 13.4.6.4 inclusive.

Routes:

  1. Old Crow to Whitestone Village.
  2. Old Crow to Fort McPherson via Salmon Cache and Lapierre House.
  3. Whitestone Village to Johnson Village.
  4. Johnson Village to La Chute via Whitefish Lake.
  5. Whitestone Village route connecting with the Old Crow - Fort McPherson route (route 2) at the western approach to the Northwest Territories border.
  6. Whitestone Village route connecting with the Old Crow - Fort McPherson route (route 2) via Upper Stony Creek.
  7. Old Crow to Rampart House.
  8. Old Crow to Herschel Island.
  9. Old Crow to Fish Hole Creek (Canoe River) fishing hole.
  10. Old Crow to Johnson Village via White Snow Mountain

Sites:

  1. Caribou fence on Thomas Creek at its headwaters.
  2. Caribou fence on Thomas Creek at part way down to Crow Flats.
  3. Caribou fence on Timber Creek.
  4. Caribou fence on Black Fox Creek.
  5. Fishing Hole on Fish Hole Creek (Canoe River).
  6. Fishing Hole on the Babbage River.
  7. Fishing Hole on the Firth River.

SCHEDULE B
RAMPART HOUSE HISTORIC SITE AND
LAPIERRE HOUSE HISTORIC SITE

1.0 Definitions

1.1
In this schedule, the following definitions shall apply.

"Lapierre House" means the land described as Lapierre House Historic Site on map "Lapierre House Historic Site, (LHHS)", in Appendix B - Maps, which forms a separate Historic Site volume to this Agreement, excluding the mines and minerals and the right to work the mines and minerals.

"Rampart House" means the land described as Rampart House Historic Site on map "Rampart House Historic Site, (RHHS)", in Appendix B - Maps, which forms a separate volume to this Agreement, excluding the mines and minerals and the right to work the mines and minerals.

2.0 Establishment

2.1
Canada shall transfer to the Yukon the administration and control of Lapierre House and Rampart House excepting that part of Rampart House situated within 60 feet of the Canada - United States of America (Yukon-Alaska) boundary and excepting any part of Lot 1, Group 1301, Plan 35102 CLSR, 1221 LTO to which fee simple title has been raised.

2.2
The Yukon shall cause fee simple title to Lapierre House and to that part of Rampart House transferred pursuant to 2.1 to be raised in the names of the Commissioner of the Yukon Territory and the Vuntut Gwitchin First Nation as tenants in common as soon as practicable following the transfer set out in 2.1.

2.2.1
Nothing in this schedule shall be construed to affect the ability of the Vuntut Gwitchin First Nation to make a claim to the Minister of Indian Affairs and Northern Development that there is a Reserve set aside for the Vuntut Gwitchin First Nation at Rampart House.

2.3
The Yukon shall establish Rampart House and Lapierre House as historic sites under the Historic Resources Act, S.Y. 1991, c. 8, as soon as practicable following the raising of the fee simple title pursuant to 2.2.

2.4
No land forming part of Rampart House or Lapierre House shall be removed from historic site status under the Historic Resources Act, S.Y. 1991, c. 8, without the consent of the Vuntut Gwitchin First Nation.

3.0 Management

3.1
A management committee shall be established for Rampart House and Lapierre House, with three appointees of the Vuntut Gwitchin First Nation and three appointees of Government.

3.2
Government and the Vuntut Gwitchin First Nation shall prepare jointly a management plan for Rampart House and a management plan for Lapierre House.

3.3
The preparation of the management plans shall be guided by the following principles:

3.3.1
the protection, conservation and interpretation of the Heritage Resources at Rampart House and Lapierre House in accordance with national and international standards;

3.3.2
the recognition and protection of the traditional and current use of Rampart House and Lapierre House by the Vuntut Gwitchin; and

3.3.3
the encouragement of public awareness of and appreciation for the natural and cultural resources of Rampart House and Lapierre House.

3.4
The management plans shall address:

3.4.1
the traditional and current use by the Vuntut Gwitchin;

3.4.2
the nature and status of resources at Rampart House and Lapierre House;

3.4.3
historic buildings;

3.4.4
archaeological resources;

3.4.5
burial sites;

3.4.6
public access;

3.4.7
land use impacts;

3.4.8
the conditions of third-party use of Rampart House and Lapierre House;

3.4.9
research on the Heritage Resources of Rampart House and Lapierre House; and

3.4.10
such other matters as Government and the Vuntut Gwitchin First Nation may agree upon.

3.5
The development of the management plans shall include a process for public consultation.

3.6
Government and the Vuntut Gwitchin First Nation shall make best efforts to complete the management plans within five years of the Effective Date of this Agreement.

3.7
Government and the Vuntut Gwitchin First Nation shall refer each proposed management plan to the Yukon Heritage Resources Board for its review and recommendations.

4.0 Approval and Review of the Management Plans

4.1
The Minister and the Vuntut Gwitchin First Nation shall jointly approve the management plan for Rampart House and the management plan for Lapierre House.

4.2
If the Minister and the Vuntut Gwitchin First Nation are unable to agree on the terms of a management plan, the Minister or the Vuntut Gwitchin First Nation may refer the dispute to the dispute resolution process under 26.3.0.

4.3
Government and the Vuntut Gwitchin First Nation shall review each management plan no later than 10 years after its initial approval and not less than every 10 years thereafter.

4.4
Government and the Vuntut Gwitchin First Nation shall refer any proposed amendment to the management plan for Rampart House or the management plan for Lapierre House to the Yukon Heritage Resources Board for its review and recommendations.

5.0 Implementation

5.1
Except as otherwise provided in this schedule, Government and the Vuntut Gwitchin First Nation shall manage Rampart House in accordance with the Historic Resources Act, S.Y. 1991, c. 8, and the management plan for Rampart House approved by the Minister and the Vuntut Gwitchin First Nation.

5.2
Except as otherwise provided in this schedule, Government and the Vuntut Gwitchin First Nation shall manage Lapierre House in accordance with the Historic Resources Act, S.Y. 1991, c. 8, and the management plan for Lapierre House approved by the Minister and the Vuntut Gwitchin First Nation.

6.0 Mines and Minerals

6.1
Government shall withdraw the mines and minerals within Rampart House and Lapierre House from locating, prospecting and mining under 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, and from exploration and development under the Canada Petroleum Resources Act, R.S.C. 1985 (2nd Supp.) , c. 36.

 




Chapter 14 - Water Management

14.1.0 Objective

14.1.1
The objective of this chapter is to maintain the Water of the Yukon in a natural condition while providing for its sustainable use.

14.2.0 Definitions

In this chapter, the following definitions shall apply.

"Board" means the Water Board established for the Yukon pursuant to Laws of General Application.

"Domestic Use" has the same meaning as in the Northern Inland Waters Act, R.S.C. 1985, c. N-25.

"Licence" means a licence issued pursuant to the Northern Inland Waters Act, R.S.C. 1985, c. N-25.

"Traditional Use" means the Use of Water, without substantially altering the quality, quantity or rate of flow, including seasonal rate of flow, by a Yukon Indian Person for trapping and non-commercial Harvesting, including transportation relating to such trapping and Harvesting or for traditional heritage, cultural and spiritual purposes.

"Use" includes the deposit of Waste into Water.

"Waste" has the same meaning as in the Northern Inland Waters Act, R.S.C. 1985, c. N-25.

"Water" has the same meaning as "waters" in the Northern Inland Waters Act, R.S.C. 1985, c. N-25.

14.3.0 General

14.3.1
The property in Water in the Yukon shall be determined by Laws of General Application.

14.3.2
Nothing in this chapter shall derogate from the ability of any Person to use Water for a Domestic Use in accordance with Laws of General Application.

14.4.0 Water Board

14.4.1
The Council for Yukon Indians shall nominate one-third of the members of the Board.

14.4.2
The Minister, in Consultation with the Board, shall appoint a chairperson and vice-chairperson from among the Board's members.

14.5.0 Water Rights of Yukon First Nations

14.5.1
Subject to Laws of General Application, a Yukon Indian Person shall have the right to use Water for a Traditional Use in the Yukon.

14.5.2
Notwithstanding Laws of General Application and 14.5.5, no Licence, fee or charge shall be required for a Traditional Use in the Yukon.

14.5.3
Nothing in 14.5.1 shall be construed to grant a priority of Use or a right to compensation.

14.5.4
Notwithstanding 14.3.1, and subject to the provisions of the Umbrella Final Agreement, a Yukon First Nation shall have the exclusive right to use Water which is on or flowing through its Settlement Land when such Water is on or flowing through its Settlement Land.

Specific Provision

14.5.4.1
The exclusive right of the Vuntut Gwitchin First Nation to use Water referred to in 14.5.4 is subject to 10.3.1 of the Gwich'in Transboundary Agreement.

14.5.5
A Yukon First Nation's Use of Water under 14.5.4 is subject to Laws of General Application, provided that the Board shall not:

14.5.5.1
refuse to issue a Licence for a Use by the Yukon First Nation; or

14.5.5.2
impose terms and conditions in a Licence that are inconsistent with any terms and conditions of a Yukon First Nation assignment pursuant to 14.5.7,

unless the Board is satisfied that such Water Use will:

14.5.5.3
substantially alter the quantity, quality or rate of flow, including seasonal rate of flow, of Water; or

14.5.5.4
result in a deposit of Waste prohibited by the Northern Inland Waters Act, R.S.C. 1985, c. N-25.

14.5.6
Unless otherwise authorized by Law, a Yukon First Nation's Use of Water under 14.5.1 to 14.5.4 shall be subject to:

14.5.6.1
public navigation and passage on Water;

14.5.6.2
the Use of Water for emergency purposes;

14.5.6.3
any hunting, trapping or fishing by the public; and

14.5.6.4
any right of access set out in a Settlement Agreement.

14.5.7
A Yukon First Nation may assign in whole or in part a right to use Water set out in 14.5.4 and an assignee's Use of Water shall be subject to 14.5.5 and 14.5.6.

14.5.8
Nothing in this chapter shall be construed to derogate from a Yukon First Nation's or a Yukon Indian Person's Use of Water on Non-Settlement Land in accordance with Law.

14.6.0 Government's Management Powers

14.6.1
Notwithstanding a Yukon First Nation's ownership of certain Beds of waterbodies, Government has the right to protect and manage Water and Beds of waterbodies, and to use Water incidental to that right, throughout the Yukon for:

14.6.1.1
management, protection and research in respect of Fish and Wildlife and their habitats;

14.6.1.2
protection and management of navigation and transportation, establishment of navigation aids and devices, and dredging of the Beds of Navigable Waters;

14.6.1.3
protection of Water supplies from contamination and degradation;

14.6.1.4
emergency purposes, including fighting fires and flood and icing control;

14.6.1.5
research and sampling of Water quality and quantity; and

14.6.1.6
other such Government public purposes.

14.7.0 Water Rights of Other Parties on Settlement Land

14.7.1
Subject to 14.12.0, any Person who has a right or interest in Settlement Land, except an interest in land granted by the Yukon First Nation, has the right to use Water incidental to the exercise of that right or interest in Settlement Land, if permitted by and in accordance with Laws of General Application.

14.7.2
Where the Board licenses a Water Use to a Person referred to in 14.7.1, the term of that Licence shall not extend beyond the term of the right or interest in Settlement Land.

14.7.3
A Person holding a Licence pursuant to the Northern Inland Waters Act, R.S.C. 1985, c. N-25 or a licence pursuant to the Dominion Water Power Act, R.S.C. 1985, c. W-4 for Water on or flowing through Settlement Land when such Water is on or flowing through Settlement Land, which licence was in existence on the date the land became Settlement Land, shall retain the rights thereunder as if the land had not become Settlement Land.

14.7.4
Where the term of a licence described in 14.7.3 is five years or more, the licensee shall have the right to apply to the Board for a renewal or replacement of the licence. The Board shall require that written notice of the application be given, in a form satisfactory to the Board, to the affected Yukon First Nation, and shall provide the affected Yukon First Nation an opportunity to be heard concerning terms and conditions to be attached to the renewal or replacement for the protection of the interest of the Yukon First Nation.

14.7.5
Unless a Person has a right of access without the consent of the affected Yukon First Nation, a Person requiring the use of Settlement Land other than the Parcel covered by that Person's interest under 14.7.1 in order to exercise a right to use Water under 14.7.1 and 14.7.3 has a right of access to use that Settlement Land with the consent of the affected Yukon First Nation or, failing consent, an order of the Surface Rights Board setting out terms and conditions of access.

14.7.6
The Surface Rights Board shall not make an order under 14.7.5 unless the Person seeking access satisfies the Surface Rights Board that:

14.7.6.1
such access is reasonably required; and

14.7.6.2
such access is not also practicable and reasonable across Crown Land.

14.7.7
Nothing in this chapter shall be construed to limit the Board's ability to refuse to issue a Licence to a Person referred to in 14.7.0.

14.7.8
After three years from the Effective Date of a Yukon First Nation Final Agreement and only in respect to the term following the expiry of that three year period, a Person holding a Licence described in 14.7.3 shall be liable to pay compensation under the provisions of this chapter to the Yukon First Nation in respect of the exercise of such Licence, and shall be subject to the provisions of 14.11.0 and 14.12.0.

14.8.0 Protection of Quantity, Quality and Rate of Flow of Water

14.8.1
Subject to the rights of Water users authorized in accordance with this chapter and Laws of General Application, a Yukon First Nation has the right to have Water which is on or flowing through or adjacent to its Settlement Land remain substantially unaltered as to quantity, quality and rate of flow, including seasonal rate of flow.

14.8.2
A Yukon First Nation shall not use Water which is on or flowing through or adjacent to its Settlement Land so as to substantially alter the quantity, quality or rate of flow, including seasonal rate of flow, except to the extent that such Water Use is authorized in accordance with 14.5.5 and is in conformity with the terms and conditions of any Water Licence granted to the Yukon First Nation.

14.8.3
The Board shall not grant a Licence that interferes with the rights provided in favour of a Yukon First Nation in 14.8.1 unless:

14.8.3.1
notice, in a form prescribed by the Board, of receipt of an application has been given to the affected Yukon First Nation; and

14.8.3.2
the Board is satisfied that,

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

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

14.8.4
In deciding whether to grant a Licence that interferes with the rights provided in favour of a Yukon First Nation in 14.8.1, the Board shall consider:

14.8.4.1
the effect of the Water Use on Fish, Wildlife and their habitats;

14.8.4.2
the effect of the Water Use on the Yukon First Nation or on a Yukon Indian Person enrolled pursuant to that Yukon First Nation Final Agreement; and

14.8.4.3
means of mitigating the interference.

14.8.5
If the Board grants a Licence that interferes with the rights provided in favour of a Yukon First Nation in 14.8.1, the Board shall order the licensee to pay compensation for loss or damage to the affected Yukon First Nation in accordance with 14.12.0.

14.8.6
A Yukon First Nation may apply to the Board to obtain an order for compensation from any Person not licensed by the Board and using Water in a manner not contrary to Laws of General Application, and the Board may order that compensation be paid where such Use substantially alters the quality, quantity or rate of flow, including seasonal rate of flow, of Water which is on or flowing through or is adjacent to its Settlement Land.

14.8.7
In deciding whether to issue a Licence, and in setting the terms and conditions of any Licence issued, the decision of the Board shall not conflict with a Decision Document that a Decision Body is empowered to implement.

14.8.8
A Yukon First Nation has a cause of action against any Person in respect of any Use of Water in violation of the terms and conditions of a Licence to use Water or contrary to Laws of General Application, which violation or contrary Use substantially alters the quality, quantity or rate of flow, including seasonal rate of flow, of Water which is on or flowing through or is adjacent to its Settlement Land, with such remedies as if the Yukon First Nation had riparian rights.

14.8.9
A Yukon First Nation shall have standing at all times in a court of competent jurisdiction in the Yukon to seek a declaration as to whether any Person substantially altering the quantity, quality or rate of flow, including seasonal rate of flow, of Water in that Yukon First Nation's Traditional Territory has lawful authority to do so.

14.8.10
In any civil court proceeding pursuant to 14.8.8 or 14.8.9, if the Yukon First Nation proves that the defendant who is in violation of a Water Licence is substantially altering the quality, quantity or rate of flow, including seasonal rate of flow, at the place in the body of Water where the defendant's Use of Water is taking place, then the onus shall rest on the defendant to prove that such Use of Water is not substantially altering the quality, quantity or rate of flow, including seasonal rate of flow, at any place downstream where the Yukon First Nation has the exclusive right to Use Water pursuant to 14.5.4 and the Yukon First Nation alleges there is a substantial alteration to the quality, quantity or rate of flow, including seasonal rate of flow of the Water.

14.8.11
In any civil court proceeding brought by a Person using Water in accordance with Laws of General Application against a Yukon First Nation on grounds that the Yukon First Nation is using Water contrary to this chapter or Laws of General Application, if the Person proves that the Yukon First Nation in violation of a Water Licence is substantially altering the quality, quantity or rate of flow, including seasonal rate of flow, at the place in the body of Water where the Yukon First Nation's Use of Water is taking place, then the onus shall rest on the Yukon First Nation to prove that such Use of Water is not substantially altering the quality, quantity or the rate of flow, including seasonal rate of flow, at any place downstream where the Person is using Water and that Person alleges there is a substantial alteration of the quality, quantity or rate of flow, including seasonal rate of flow of the Water.

14.9.0 Protection of Yukon First Nation Traditional Uses on Non-Settlement Land

14.9.1
Before granting a Licence in any drainage basin in the Yukon that causes substantial alteration in the quality, quantity or rate of flow, including seasonal rate of flow, of Water so as to adversely affect a Traditional Use by a Yukon Indian Person in that Yukon Indian Person's Traditional Territory, the Board shall:

14.9.1.1
give notice, in a form prescribed by the Board, of receipt of an application to the affected Yukon First Nation; and

14.9.1.2
upon request of the affected Yukon First Nation, consider whether,

(a) there is an alternative which could reasonably satisfy the requirements of the applicant while avoiding any adverse effect on the Traditional Use, and

(b) there are reasonable measures whereby the applicant could avoid the adverse effect.

14.9.2
A licensee who substantially alters the quality, quantity or rate of flow, including seasonal rate of flow, of Water in violation of a Licence or contrary to Law in a manner which causes loss or damage arising from an interference with a Traditional Use by a Yukon Indian Person within that Yukon Indian Person's Traditional Territory shall be liable to pay compensation pursuant to 14.12.0 for such loss or damage thereby caused to that Yukon Indian Person.

14.10.0 Interjurisdictional Agreements

14.10.1
Government shall make best efforts to negotiate Water management agreements with other jurisdictions which share drainage basins with the Yukon.

14.10.2
Government shall Consult with affected Yukon First Nations with respect to the formulation of Government positions on the management of Water in a shared drainage basin within those Yukon First Nations' Traditional Territories in negotiating an agreement pursuant to 14.10.1.

14.11.0 Water Use Disputes

14.11.1
A Yukon First Nation may apply to the Board to determine whether:

14.11.1.1
there is an alternative that will reasonably satisfy the requirements of a licensee without interfering with the right of the Yukon First Nation to have Water which is on or flowing through or adjacent to its Settlement Land remain substantially unaltered as to quantity, quality or rate of flow, including seasonal rate of flow;

14.11.1.2
measures can be taken to avoid interference with Water rights referred to in 14.11.1.1 and Uses of Water of the Yukon First Nation;

14.11.1.3
the Water licensee is in compliance with the terms and conditions of a Licence;

14.11.1.4
the terms and conditions of a Licence need to be reviewed due to unforeseen impacts on the Yukon First Nation; or

14.11.1.5
the Yukon First Nation is entitled to compensation under the provisions of this chapter.

14.11.2
In addition to any other powers available to the Board, on application being made to the Board under 14.11.1, the Board may make an order amending, suspending or cancelling the Licence, or deciding that the Yukon First Nation is entitled to compensation by the licensee, or a combination of the foregoing.

14.11.3
Where an application under 14.11.1 is being considered by the Board and prior to the Board's decision thereon, the Board may make an interim order restraining the Water licensee from exercising such rights with respect to Water as are specified in the interim order and containing such terms and conditions as the Board may determine including the payment of interim compensation.

14.11.4
The Board may require a Water licensee to provide evidence of financial responsibility in a form satisfactory to the Board, including cash deposit, letter of credit, performance bond or other form of financial instrument conditioned on due performance by the Water licensee of the provisions of the Licence, including provisions, terms and conditions and orders of the Board relating to abandonment, reclamation and restoration of the environment.

14.11.5
A Yukon Indian Person may apply to the Board to determine whether he is entitled to compensation pursuant to 14.9.2.

14.11.6
Where the Board pursuant to 14.11.5 determines that a Yukon Indian Person is entitled to compensation, the Board may exercise the powers set out in 14.11.2, 14.11.3 and 14.11.4.

14.12.0 Compensation

14.12.1
Compensation to be paid to a Yukon First Nation or a Yukon Indian Person pursuant to this chapter shall only be for provable loss or damage to the Yukon First Nation or Yukon Indian Person.

14.12.2
The amount and terms of compensation set out in 14.12.1 shall be determined by the Board.

14.12.3
When determining the amount and terms of compensation to be paid to a Yukon First Nation pursuant to this chapter, the Board shall consider:

14.12.3.1
the effect of the Water Use on the Yukon First Nation's Use of Water on or adjacent to its Settlement Land;

14.12.3.2
the effect of the Water Use on the Yukon First Nation's Settlement Land, taking into account any cultural or special value of the land to the Yukon First Nation;

14.12.3.3
the nuisance, inconvenience and noise caused by the Water Use to the Yukon First Nation on Settlement Land;

14.12.3.4
the increment of the Water alteration caused by the Water Use;

14.12.3.5
the cost of mitigation and restoration of the Settlement Land;

14.12.3.6
the duration of any of the above; and

14.12.3.7
any other factors set out in the Northern Inland Waters Act, R.S.C. 1985, c. N-25.

14.12.4
In a determination, pursuant to 14.12.3, of compensation payable to a Yukon First Nation, the loss or damage suffered by the Yukon First Nation for activity contrary to 14.8.1 shall include the loss or damage suffered by a Yukon Indian Person enrolled under that Yukon First Nation Final Agreement, but shall not include loss or damage compensable pursuant to 14.9.2.

14.12.5
In determining loss or damage suffered by a Yukon Indian Person under 14.12.4, the Board shall consider:

14.12.5.1
the effect of the Water Use on the Yukon Indian Person's Use of Water on or adjacent to the affected Yukon First Nation's Settlement Land;

14.12.5.2
the effect of the Water Use on Fish and Wildlife Harvesting by the Yukon Indian Person enrolled under that Yukon First Nation Final Agreement;

14.12.5.3
the increment of the Water alteration caused by the Water Use;

14.12.5.4
the duration of any of the above; and

14.12.5.5
any other factors set out in the Northern Inland Waters Act, R.S.C. 1985, c. N-25.

14.12.6
When determining the amount and terms of compensation to be paid to a Yukon Indian Person pursuant to 14.9.2, the Board shall consider:

14.12.6.1
subject to 14.12.6.2, the effect of the unlawful Use of Water on the Yukon Indian Person's Traditional Use of Water in that Yukon Indian Person's Traditional Territory;

14.12.6.2
the effect of the unlawful Use of Water on a Yukon Indian Person's Traditional Use in relation to traditional heritage, culture and spiritual purposes, but only on or adjacent to the Settlement Land of the Yukon First Nation under whose Yukon First Nation Final Agreement that Yukon Indian Person is enrolled;

14.12.6.3
the incremental effect of the unlawful Use of Water on the Yukon Indian Person's Traditional Use;

14.12.6.4
the cost to the Yukon Indian Person of mitigation of damage caused to Settlement Land and restoration of Settlement Land for the Traditional Use;

14.12.6.5
the duration of any of the above; and

14.12.6.6
any other factors set out in the Northern Inland Waters Act, R.S.C. 1985, c. N-25.

14.12.7
The Board may order periodic or lump sum compensation or both.

14.12.8
The Board may, on application, review and amend a compensation order from time to time to take into account changing circumstances.

14.12.9
he Board may award costs including interim costs and such costs may exceed costs which a court could award in a legal proceeding.

14.12.10
An order of the Board for compensation or for costs pursuant to 14.12.0 shall be enforceable as if it were an order of the Supreme Court of the Yukon.

 




Chapter 15 - Definition of Boundaries and Measurement of Areas of Settlement Land

15.1.0 Definitions

In this chapter, the following definitions shall apply.

"Artificial Boundary" means a boundary formed by a straight line or curve of prescribed radius joining points established on the ground by Monuments.

"Monument" means any device authorized by the Surveyor General to mark a boundary in a legal survey executed under some statutory authority.

"Offset Natural Boundary" means a sinuous boundary parallel to the sinuosities of a Natural Boundary at a prescribed perpendicular distance from the Natural Boundary.

"Ordinary High Water Mark" of a body of water means the limit or edge of its bed and in the case of non-tidal waters it may be called "the bank" or "the limit of the bank".

"Rural Settlement Land" means the lands identified by the notation "R" on maps appended to each Yukon First Nation Final Agreement.

"Settlement Land Committee" means a committee described in 15.3.0.

"Special Management Area" means a Special Management Area as defined in 10.2.0.

"Surveyor General" means the Surveyor General of Canada Land appointed in the manner authorized by Law or a person authorized by the Minister of Energy, Mines and Resources to carry out any or all of the duties of the Surveyor General.

"UTM Grid" means the Universal Transverse Mercator projection system grid lines shown on map sheets of the National Topographic Series published by the Surveys, Mapping and Remote Sensing Sector of the Department of Energy, Mines and Resources. For greater certainty, the UTM Grid datum shall be the reference datum existing at the time of compilation of each particular map sheet.

15.2.0 Administration of Surveys of Settlement Land

15.2.1
The boundaries of Settlement Land shall be surveyed in accordance with the instructions of the Surveyor General and dealt with by an official plan confirmed pursuant to the Canada Lands Surveys Act, R.S.C. 1985, c. L-6.

15.2.2
The boundaries of Special Management Areas may be shown on an administrative or explanatory plan authorized and approved by the Surveyor General pursuant to the Canada Lands Surveys Act, R.S.C. 1985, c. L-6, without a full survey of the boundaries.

15.2.3
Standards of accuracy, techniques and specifications for the survey of Settlement Land shall be in accordance with the Manual of Instructions for the Survey of Canada Lands and other general or specific instructions issued by the Surveyor General from time to time.

15.2.4
The Surveyor General shall have the discretion to adjust boundaries of Settlement Land in order to reduce survey costs, subject to agreement of the Settlement Land Committee.

15.2.5
The Surveyor General has statutory responsibility for and control over all legal surveys arising out of Settlement Agreements.

15.2.6
Canada may establish, as necessary, either prior to or in conjunction with Settlement Legislation, control survey monuments along unsurveyed Major Highways and in the vicinity of Settlement Land in order to expedite the efficient survey of Settlement Land. The method of establishment of and specifications for density and accuracy of control survey monuments shall be decided by the Surveys, Mapping and Remote Sensing Sector, Department of Energy, Mines and Resources.

15.2.7
Subject to 15.6.7, Canada shall pay the full cost of surveying all Settlement Land pursuant to 15.2.1, and pay the full cost of describing and depicting Special Management Areas as necessary.

15.2.8
The cost of subsequent surveys of Settlement Land shall be the responsibility of the Yukon First Nation.

15.2.9
Final decisions and ultimate responsibility concerning survey of Settlement Land rests with Canada and such decisions shall be taken in Consultation with the Yukon and the Council for Yukon Indians.

15.2.10
Surveys of Settlement Land shall be effected as soon as resources will allow.

15.3.0 Settlement Land Committees

15.3.1
There shall be established with each Yukon First Nation, no later than one month after the signing of its Yukon First Nation Final Agreement, a Settlement Land Committee, comprised of one representative appointed by the Surveyor General to be chairperson, no more than two representatives appointed by Government and no more than two representatives appointed by the Yukon First Nation.

15.3.2
Subject to 15.3.1, where interests in Parcels of Settlement Land are currently under the administration and control of Canada, the Minister of Indian Affairs and Northern Development shall appoint a Government representative.

15.3.3
Subject to 15.3.1, where interests in Parcels of Settlement Land are currently under the administration and control of the Yukon, the Yukon shall appoint a Government representative.

15.3.4
Each Settlement Land Committee shall, in accordance with the principles described in 15.3.5, be responsible for:

15.3.4.1
the identification and selection of Site Specific Settlement Land out of Proposed Site Specific Settlement Land;

15.3.4.2
determining priorities for the survey of all Settlement Land; and

15.3.4.3
indication to the Surveyor General of portions of boundaries, if any, of those Special Management Areas which should be considered for definition by survey in order to better serve the mutual interests of the Yukon First Nation and the public.

15.3.5
In determining priorities for the identification and selection of Site Specific Settlement Land and for the survey of all Settlement Land, the Settlement Land Committee shall have regard to the following principles:

15.3.5.1
the priorities of the Yukon First Nation;

15.3.5.2
efficiency and economy; and

15.3.5.3
the necessity to clarify boundaries because of imminent public or private development on adjacent lands.

15.3.6
To the extent practicable, between the Effective Date of each Yukon First Nation Final Agreement and the date of confirmation of a plan of survey of any particular Parcel of Settlement Land or Site Specific Settlement Land, Yukon Indian People shall not be precluded from the interim use and enjoyment of that Parcel by reason only that a plan of survey of that Parcel has not been confirmed.

15.3.7
During the period described in 15.3.6:

15.3.7.1
each Settlement Land Committee shall receive requests relating to the use and enjoyment of Proposed Site Specific Settlement Land by Yukon Indian People;

15.3.7.2
each Settlement Land Committee shall determine whether it is practicable to give effect to such requests and shall recommend to Canada or the Yukon, as the case may be, that it take such steps as the Committee considers appropriate; and

15.3.7.3
Government undertakes to take such steps as it considers practicable to give effect to the recommendations of the Settlement Land Committee.

15.3.8
Where a Settlement Land Committee does not reach agreement under 15.3.4.1 or 15.3.4.2, Government, the affected Yukon First Nation or the Committee may refer the matter to the dispute resolution process under 26.3.0.

15.3.9
Where the dispute arises under 15.3.4.1, the arbitrator shall select either the final position proposed by Government or the final position proposed by the affected Yukon First Nation.

15.4.0 Selection of Boundaries of Settlement Land

15.4.1
Boundaries of Settlement Land or Special Management Areas shall be:

15.4.1.1
Artificial Boundaries;

15.4.1.2
Natural Boundaries, including but not limited to the Ordinary High Water Mark of Water, and well-defined heights of land; or

15.4.1.3
a combination of 15.4.1.1 and 15.4.1.2.

15.4.2
Where Natural Boundaries are used, the following provisions shall apply:

15.4.2.1
except as agreed to by the parties to a Yukon First Nation Final Agreement, Natural Boundaries of Settlement Land along Navigable Water and non-Navigable Water shall be located on the Ordinary High Water Mark;

Specific Provision (a) Any exception to 15.4.2.1 for Vuntut Gwitchin First Nation Settlement Land is set out in Appendix A - Settlement Land Descriptions, attached to this Agreement.

15.4.2.2
Natural Boundaries, except Natural Boundaries of bodies of water as set out in 15.4.3, shall move with the various natural processes of erosion and accretion, and where an offset Natural Boundary is prescribed, it is also deemed to move and vary according to this natural movement of the Natural Boundary; and

15.4.2.3
where a Natural Boundary of Settlement Land involves a height of land which, in the opinion of the Surveyor General, is not well defined and where there is a requirement to establish all or part of that boundary by field survey, the Surveyor General shall have the authority to replace the sinuosities of the height of land by a series of monumented Artificial Boundaries closely approximating its mean position.

15.4.3
Where alteration of a natural river or lake is proposed for hydro-electric or other development purposes and such alteration affects a boundary or boundaries, any resurveys required for the proper redefinition of Settlement Land shall be undertaken at the cost of the proponent of the development.

15.4.4
At the time of field survey of boundaries of Settlement Land, recognition shall be given to the map features and grid lines as shown on maps comprising an Appendix to each Yukon First Nation's Final Agreement.

15.4.4.1
Notwithstanding any subsequently discovered inaccuracies in the plotting of features or improvements from which the location of Proposed Site Specific Settlement Land was determined, for the purposes of 5.14.0, the actual location of the Proposed Site Specific Settlement Land shall be determined by its actual proximity or relationship to this feature or improvement.

15.4.5
Each Settlement Land Committee shall indicate and identify any critical features intended to be enclosed in Settlement Land.

15.5.0 Monumentation of Boundaries of Settlement Land

15.5.1
The boundaries of Settlement Land shall be defined by Monuments placed in accordance with applicable regulations and instructions of the Surveyor General and in particular at the following locations:

15.5.1.1
all points of deflection of Artificial Boundaries and at intervals to be specified by the Surveyor General;

15.5.1.2
all terminal points where an Artificial Boundary intersects an Artificial Boundary or Natural Boundary and, in the case of intersection with a Natural Boundary of a body of water, the Monuments shall be set back from the Natural Boundary on the Artificial Boundary at a reasonable and safe distance from the said Natural Boundary; and

15.5.1.3
all intersections of Artificial Boundaries with the prescribed limits of a surveyed or unsurveyed Major Highway, a Road or other right-of-way, established on each side of the Major Highway, Road or right-of-way.

15.6.0 Measurement of Areas of Settlement Land

15.6.1
The Surveyor General shall have the discretion to adjust the boundaries agreed to in each Yukon First Nation's Final Agreement in order to achieve the total land area agreed upon in such Yukon First Nation Final Agreement in accordance with 15.6.2.

15.6.2
The calculation of the total area of Settlement Land for each Yukon First Nation shall commence with Settlement Land within a Community Boundary and proceed in increasing Parcel size to the Site Specific Settlement Land and Rural Settlement Land. Any adjustment of boundaries of Settlement Land required shall be to the boundary or to those boundaries as agreed upon in the Yukon First Nation Final Agreement.

Specific Provision

15.6.2.1
The adjustment boundaries for Vuntut Gwitchin First Nation Settlement Land are identified in Appendix A - Settlement Land Descriptions, attached to this Agreement.

15.6.3
The areas of surveyed Settlement Land shall be calculated using plane surveying methods.

15.6.4
The areas of larger Special Management Areas shall be computed using UTM Grid lines or lines between coordinate points as boundaries. The areas shall be computed on the map projection plane for the area and shall be transformed by calculation to the mean ground elevation for each parcel. The maps utilized shall be the most accurate maps available in the opinion of the Surveyor General.

15.6.5
The area of larger Parcels of Rural Settlement Land having numerous Natural Boundaries shall be determined by ground survey techniques or by utilizing the most accurate maps or aerial photographs available, or by any combination of the foregoing which, in the opinion of the Surveyor General, will give satisfactory accuracy. The areas calculated by plane survey or graphical methods or a combination of the two shall be calculated at mean ground elevation for the Parcel concerned.

15.6.6
Prior to the confirmation of an official plan by the Surveyor General or the approval of an administrative or explanatory plan, written approval from the Yukon First Nation shall be obtained by the Settlement Land Committee to ensure that the Yukon First Nation is satisfied that the Parcel as surveyed conforms either to the area originally selected or as modified by the Surveyor General pursuant to 15.2.4 and 15.6.1. The plan and a copy of the surveyor's report shall be reviewed by the Settlement Land Committee for conformance with the original land selection before recommending it to the Yukon First Nation.

15.6.7
If the Yukon First Nation rejects the recommendation by the Settlement Land Committee, the disagreement shall be referred to the dispute resolution process under 26.3.0, and the Surveyor General or his representative shall have standing as a party to the dispute. The resulting decision may direct that the costs of a resurvey be borne by one or more of the parties to the dispute.

15.6.8
After resolution of any disagreement pursuant to 15.6.7, the plan shall be returned directly to the Surveyor General for confirmation.

15.6.9
The determination and delineation of a Yukon First Nation's total land area pursuant to 15.6.0 shall be final and shall be governed by the Artificial and Natural Boundaries thereby established, notwithstanding:

15.6.9.1
any discrepancy subsequently discovered between computed areas and areas enclosed by those boundaries; or

15.6.9.2
any changes to the areas of Settlement Land caused by the gradual and imperceptible movements of Natural Boundaries.

15.7.0 Employment and Economic Opportunities

15.7.1
Where employment in surveying of Settlement Land is generated as a direct consequence of a Yukon First Nation Final Agreement, the parties to the Yukon First Nation Final Agreement shall negotiate as part of that Yukon First Nation Final Agreement, the participation of Yukon Indian People who have appropriate qualifications or experience, in such employment, and the determination of such qualifications and experience.

Specific Provision

15.7.1.1
In evaluating any competitive proposal, bid or tender for the survey of Vuntut Gwitchin First Nation Settlement Land, the Government shall include among the factors for consideration Vuntut Gwitchin employment and Vuntut Gwitchin investment in the firm submitting the proposal, bid or tender, and in any subcontractor to that firm.

15.7.1.2
The determination of the qualifications and experience appropriate for the survey of Vuntut Gwitchin First Nation Settlement Land shall be set out in the economic development opportunities plan required by 22.3.1.

(a) Government and the Vuntut Gwitchin First Nation may agree on the determination of qualifications and experience appropriate for the survey pending the completion of the economic development opportunities plan required by 22.3.1.

15.7.1.3
Nothing in 15.7.1.1 shall be construed to mean that the criterion for Vuntut Gwitchin employment or ownership or equity investment shall be the determining criteria in the award of any contract.

15.7.2
Where economic opportunities and benefits are associated with the survey of Settlement Land, Yukon First Nations shall have access to these opportunities and benefits. Any contract issued for the survey of Settlement Land shall contain the condition that Yukon Indian People and Yukon First Nation businesses with the necessary qualifications and experience shall be given first consideration in providing technical and support services associated with the contract. A list of Yukon First Nation businesses and Yukon Indian People interested in providing such services to potential contractors for such surveys of a Yukon First Nation's Settlement Land shall be included with all requests for proposals, and documentary proof the Yukon First Nation's businesses and Yukon Indian People were given first consideration shall form part of a contractor's proposal.

SCHEDULE A - MAJOR HIGHWAYS

Yukon Highway # 1   Alaska Highway
Yukon Highway # 2   Klondike Highway
Yukon Highway # 3   Haines Road
Yukon Highway # 4   Campbell Highway
Yukon Highway # 5   Dempster Highway
Yukon Highway # 6   Canol Road
Yukon Highway # 7   Atlin Road
Yukon Highway # 8   Tagish Road
Yukon Highway # 9   Top of the World Highway (Dawson - Boundary Road)
Yukon Highway # 10   Nahanni Range Road
Yukon Highway # 11   Silver Trail
Yukon Highway # 37   Cassiar Road