Vuntut Gwitchin First Nation Final Agreement

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Chapter 16 - Fish and Wildlife

16.1.0 Objectives

16.1.1
The objectives of this chapter are as follows:

16.1.1.1
to ensure Conservation in the management of all Fish and Wildlife resources and their habitats;

16.1.1.2
o preserve and enhance the renewable resources economy;

16.1.1.3
to preserve and enhance the culture, identity and values of Yukon Indian People;

16.1.1.4
to ensure the equal participation of Yukon Indian People with other Yukon residents in Fish and Wildlife management processes and decisions;

16.1.1.5
to guarantee the rights of Yukon Indian People to harvest and the rights of Yukon First Nations to manage renewable resources on Settlement Land;

16.1.1.6
to integrate the management of all renewable resources;

16.1.1.7
to integrate the relevant knowledge and experience both of Yukon Indian People and of the scientific communities in order to achieve Conservation;

16.1.1.8
to develop responsibilities for renewable resource management at the community level;

16.1.1.9
to honour the Harvesting and Fish and Wildlife management customs of Yukon Indian People and to provide for the Yukon Indian People's ongoing needs for Fish and Wildlife;

16.1.1.10
to deal fairly with all Yukon residents who use Fish and Wildlife resources in the Yukon; and

16.1.1.11
to enhance and promote the full participation of Yukon Indian People in renewable resources management.

16.2.0 Definitions

In this chapter, the following definitions shall apply.

"Basic Needs Level" means the number of harvestable animals of a species negotiated in a Yukon First Nation Final Agreement as a harvest allocation to a Yukon First Nation in its Traditional Territory in accordance with 16.9.0.

"Board" means the Fish and Wildlife Management Board established pursuant to 16.7.0.

"Category 1 Trapline" means a trapline so designated pursuant to 16.11.0.

"Category 2 Trapline" means a trapline not designated as a Category 1 Trapline.

"Council" means a Renewable Resources Council established pursuant to 16.6.0.

"Edible Fish or Wildlife Product" means the flesh or organs of Fish or Wildlife that are used for food by people or domestic animals.

"Furbearer" means any of the following species native to the Yukon: Castor including beaver; Alopex including white fox or arctic fox; Lutra including otter; Lynx including lynx; Martes including martens and fishers; Mustela including weasel and mink; Ondatra including muskrat; Vulpes including red, cross, black and silver fox; Gulo including wolverine; Canis including wolves and coyotes; Marmota including marmots; Tamiasciurus including red squirrel; and Spermophilus including ground squirrels.

"Non-Consumptive Use" means a Use of Fish and Wildlife that does not involve Harvesting.

"Non-Edible By-Product" means the fur, hide, skin, antlers, horns, skeleton or other portions of Fish or Wildlife not used for food but used for other purposes including but not limited to clothing, medicine, domestic or personal decoration, or art.

"Sub-Committee" means the Salmon Sub-Committee established pursuant to 16.7.17.

"Subsistence" means:

(a) the use of Edible Fish or Wildlife Products by a Yukon Indian Person for sustenance and for food for traditional ceremonial purposes including potlatches; and

(b) the use by a Yukon Indian Person of Non-Edible By- Products of harvests 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 a Yukon Indian Person, does not include commercial uses of Edible Fish or Wildlife Products or Non- Edible By-Products.

"Total Allowable Catch" means the total number of Salmon of a particular species and in a particular drainage basin which return to Canadian waters and which, in the manner established by this chapter, are deemed not to be required for Conservation.

"Total Allowable Harvest" means the total number of animals of a Freshwater Fish or Wildlife species which, in the manner established by this chapter, are deemed not to be required for Conservation.

"Use" includes both Harvesting and non-consumptive activities.

16.3.0 General

16.3.1
This chapter sets out powers and responsibilities of Government and Yukon First Nations for the management of Fish and Wildlife and their habitats, while, subject to 16.5.1.1, 16.5.1.2 and 16.5.1.3, respecting the Minister's ultimate jurisdiction, consistent with this chapter, for the management of Fish and Wildlife and their habitats.

16.3.2
The management and Harvesting of Fish, Wildlife and their habitats shall be governed by the principle of Conservation.

16.3.3
The exercise of rights under this chapter is subject to limitations provided for elsewhere in Settlement Agreements and to limitations provided in Legislation enacted for purposes of Conservation, public health or public safety.

16.3.3.1
Any limitation provided for in Legislation pursuant to 16.3.3 must be consistent with this chapter, reasonably required to achieve those purposes and may only limit those rights to the extent necessary to achieve those purposes.

16.3.3.2
Government shall Consult with the affected Yukon First Nation before imposing a limitation pursuant to 16.3.3.

16.3.4
Nothing in this or any other chapter is intended to confer rights of ownership in any Fish or Wildlife.

16.3.5
Canada shall make reasonable efforts to ensure that when issues involving Fish and Wildlife management arise in international negotiations, the interests of affected Yukon First Nations are represented.

16.3.6
Except as provided in this chapter and in Yukon First Nation Final Agreements, nothing shall prevent Yukon residents and others from Harvesting Fish and Wildlife in accordance with Legislation.

16.3.7
Government shall make best efforts to amend the Game Export Act, R.S.C. 1985, c. G-1 to enable the transport of Wildlife products for traditional non-commercial purposes across borders with Alaska, British Columbia and the Northwest Territories.

16.3.8
No tax, duty or such other fees or royalties shall be imposed by Government in respect of the export of Wildlife products under 16.3.7.

16.3.9
Nothing in the Umbrella Final Agreement 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 16.3.3.

16.3.10
For the purposes of application of 16.3.3 to Harvesting rights of Yukon Indian People for migratory birds, Conservation includes considerations related to conservation of Migratory Game Birds indigenous to the Yukon while those Migratory Game Birds are in other jurisdictions.

16.3.11
Notwithstanding anything in this chapter, where there is a conflict between this chapter and the 1987 Canada-USA Agreement on the Conservation of the Porcupine Caribou Herd, the 1985 Porcupine Caribou Management Agreement, or the Treaty between the Government of Canada and the Government of the United States of America concerning Pacific Salmon, those agreements and the Treaty shall prevail to the extent of the conflict. Any amendments to those agreements or the Treaty shall not be construed to diminish or adversely affect the rights of Yukon First Nations or Yukon Indian People under this chapter and Yukon First Nation Final Agreements.

  16.3.12
Nothing in this chapter shall be construed to grant Yukon Indian People 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. 16.3.13 Nothing in this chapter shall be construed to prevent any person from killing Fish and Wildlife for survival in an emergency. Any such kill shall be reported according to requirements established by the Board and shall be without prejudice to any Basic Needs Level or adjusted Basic Needs Level that may be in force from time to time.

16.3.14
Subject to 10.4.0, and except as provided in the Inuvialuit Final Agreement and in the specific provisions for National Parks in the Yukon First Nation Final Agreements for the Vuntut Gwitchin First Nation, the Champagne and Aishihik First Nations, the Kluane First Nation and the White River First Nation, Harvesting and management of Fish and Wildlife within National Parks shall be in accordance with the National Parks Act, R.S.C. 1985, c. N-14.

16.3.14.1
The responsible agencies, the Board and the Councils shall make best efforts to coordinate the management of Fish and Wildlife populations which cross a boundary of a National Park.

16.3.15
It is intended that there not be any duplication in the public management of Fish and Wildlife.

16.3.16
Except as otherwise provided in Laws of General Application, no Person shall waste Edible Fish or Wildlife Products.

16.3.17
In the management of Fish and Wildlife and the harvest allocation of Fish and Wildlife, Non-Consumptive Uses of the resources shall be taken into account.

16.4.0 Yukon Indian People

16.4.1
Subject to a Yukon First Nation Final Agreement, nothing in this chapter affects any right, entitlement or qualification of Yukon Indian People to harvest Fish and Wildlife outside the Yukon. In addition, nothing in this chapter shall preclude negotiations between a Yukon First Nation and Canada, the Government of British Columbia or the Government of the Northwest Territories for rights to harvest Fish and Wildlife within the Yukon First Nation's traditional territory in British Columbia or the Northwest Territories.

  16.4.2
Yukon Indian People shall have the right to harvest for Subsistence within their Traditional Territory, and with the consent of another Yukon First Nation in that Yukon First Nation's Traditional Territory, all species of Fish and Wildlife for themselves and their families at all seasons of the year and in any numbers on Settlement Land and on Crown Land to which they have a right of access pursuant to 6.2.0, subject only to limitations prescribed pursuant to Settlement Agreements.

16.4.3
Yukon Indian People shall have the right to employ within their Traditional Territories traditional and current methods of and equipment for Harvesting pursuant to 16.4.2, or limited pursuant to a Basic Needs Level allocation or pursuant to a basic needs allocation of Salmon, subject to limitations prescribed pursuant to Settlement Agreements

.

16.4.4
Yukon Indian People shall have the right to give, trade, barter or sell among themselves and with beneficiaries of adjacent Transboundary Agreements in Canada all Edible Fish or Wildlife Products harvested by them pursuant to 16.4.2, or limited pursuant to a Basic Needs Level allocation or pursuant to a basic needs allocation of Salmon, in order to maintain traditional sharing among Yukon Indian People and with beneficiaries of adjacent Transboundary Agreements for domestic purposes but not for commercial purposes.

16.4.4.1
Subject to Schedule A - Determination of Basic Needs Allocation for the Drainage Basin of the Yukon River, attached to this chapter, at the request of the Council for Yukon Indians, Government shall enter into negotiations with the Yukon First Nations with a view to amending 16.4.4 and other relevant provisions of the Umbrella Final Agreement as they apply to the commercial trade, barter and sale of Salmon, provided Government has enacted regulations under the Fisheries Act, R.S.C. 1985, c. F-14, or entered into an agreement with an aboriginal people of British Columbia, which regulations or agreement provide for the trade, barter or sale of Salmon, other than in a test fishery, with fewer restrictions than are set out in 16.4.4.

16.4.5
Subject to Laws of General Application, unless otherwise specified in a Yukon First Nation Final Agreement, or as may be agreed to by the parties to the Umbrella Final Agreement, Yukon Indian People 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 pursuant to 16.4.2, or limited pursuant to a Basic Needs Level allocation or pursuant to a basic needs allocation of Salmon.

  16.4.6
The right to harvest pursuant to 16.4.2, or limited pursuant to a Basic Needs Level allocation or pursuant to a basic needs allocation of Salmon includes the right to possess and transport Fish and Wildlife parts and products in the Yukon and in other areas where provided for in Transboundary Agreements.

16.4.7
A Yukon First Nation shall provide to a Yukon Indian Person proof that the Yukon Indian Person is enrolled in that Yukon First Nation's Final Agreement, has been given consent under 16.4.2 or has been allocated a Harvesting opportunity pursuant to a Basic Needs Level allocation for Wildlife or a basic needs allocation of Salmon, as the case may be. 16.4.8 Subject to 16.4.9, a Yukon Indian Person may be required to show proof of any of the matters listed in 16.4.7.

16.4.9
A Yukon Indian Person who is 55 years of age or older at the Effective Date of the Yukon First Nation Final Agreement under which that Yukon Indian Person is enrolled shall not be required to show proof of enrollment under 16.4.7 but shall be required to identify himself or herself where necessary.

16.4.10
Government shall not impose any fee or tax on Yukon Indian People in respect of any permit or license to harvest Fish or Wildlife pursuant to 16.4.2, 16.9.0 or 16.10.1.

16.4.11
Subject to Yukon First Nation Final Agreements, Yukon Indian People shall comply with Laws of General Application when participating in resident or commercial harvesting.

16.4.11.1
Yukon Indian People shall have the right to use leg-hold drowning sets for Furbearer Harvesting unless the Minister, upon recommendation of the Board, determines that such sets are inhumane.

16.5.0 Yukon First Nations

16.5.1
Each Yukon First Nation shall have the following powers and responsibilities. Subject to the terms of each Yukon First Nation's Final Agreement, each Yukon First Nation:

16.5.1.1
may manage, administer, allocate or otherwise regulate the exercise of the rights of Yukon Indian People under 16.4.0 within the geographical jurisdiction of the Council established for that Yukon First Nation's Traditional Territory by,

(a) Yukon Indian People enrolled pursuant to that Yukon First Nation Final Agreement,

(b) other Yukon Indian People who are exercising rights pursuant to 16.4.2, and

(c) except as otherwise provided in a Transboundary Agreement, members of a transboundary claimant group who are Harvesting pursuant to that Transboundary Agreement in that Yukon First Nation's Traditional Territory, where not inconsistent with the regulation of those rights by Government in accordance with 16.3.3 and other provisions of this chapter;

16.5.1.2
shall have the final allocation authority for that Yukon First Nation's Category 1 Traplines;

16.5.1.3
may align, realign or group Category 1 Traplines where such alignments, realignments or groupings do not affect Category 2 Traplines;

16.5.1.4
shall work with the Board and the Council to establish methods to administer Basic Needs Level harvests, including the issuance of permits, licences or tags and the setting of fees;

16.5.1.5
may identify and propose from time to time an adjusted Basic Needs Level for the Yukon First Nation for consideration by the Board;

16.5.1.6
may distribute to Yukon Indian People, or other Yukon residents, any portion of that Yukon First Nation's Basic Needs Level allocation, subject to 16.5.1.7;

16.5.1.7
shall not charge a fee to persons other than Yukon Indian People for Harvesting any of that Yukon First Nation's Basic Needs Level allocation;

16.5.1.8
may manage local populations of Fish and Wildlife within Settlement Land, to the extent coordination with other Fish and Wildlife management programs is not considered necessary by the Board;

16.5.1.9
may participate in management of Fish and Wildlife within the Yukon in the manner set out in this chapter;

16.5.1.10
may make recommendations to the Council on applications for Fish and Wildlife survey and research permits for Government surveys and research within that Yukon First Nation's Settlement Land;

16.5.1.11
shall screen and may approve applications for Fish and Wildlife surveys and research permits for private surveys and research within that Yukon First Nation's Settlement Land;

16.5.1.12
at the request of the Board, the Sub-Committee or the Council, shall provide harvest information either to the Council, the Sub- Committee or the Board or to an officer with lawful authority, as the case may be, including provision of data necessary for verification and in-season management;

16.5.1.13
subject to Chapter 5 - Tenure and Management of Settlement Land and 16.12.0, may charge a fee or obtain a benefit for granting access to its Category A Settlement Land to a Yukon resident or for services other than guiding provided to that Yukon resident in connection with Harvesting Fish and Wildlife on its Category A Settlement Land;

16.5.1.14
subject to Chapter 5 - Tenure and Management of Settlement Land and 16.12.0, may charge a fee or obtain a benefit for granting access to its Settlement Land to a Yukon big game outfitter operating within its big game outfitting area or for services provided to a Yukon big game outfitter in connection with Harvesting of Fish and Wildlife on its Settlement Land; and

16.5.1.15
may delegate or contract the performance of its responsibilities in whole or part to another Yukon First Nation, the Council, Board or Government, provided that the delegate consents.

16.5.2
Nothing in 16.5.1 shall be construed to limit the exercise, consistent with this chapter, of any power of a Yukon First Nation pursuant to that Yukon First Nation's self-government agreement.

16.5.3
A Yukon First Nation shall have standing as an interested party to participate in public proceedings of any agency, board or commission on matters that affect the management and Conservation of Fish, Wildlife and their habitat in its Traditional Territory.

16.5.4
Government shall Consult with a Yukon First Nation prior to taking action on Fish or Wildlife matters which may affect the Yukon First Nation's management responsibilities or the exercise of Harvesting rights under a Settlement Agreement of Yukon Indian People enrolled under that Yukon First Nation Final Agreement.

16.6.0 Renewable Resources Councils

16.6.1
In each Yukon First Nation's Traditional Territory, a Renewable Resources Council shall be established as a primary instrument for local renewable resources management in that Traditional Territory as set out in a Settlement Agreement.

Composition of Councils

16.6.2
Subject to Transboundary Agreements and Yukon First Nation Final Agreements, each Council shall be comprised of six members consisting of three nominees of the Yukon First Nation and three nominees of the Minister.

Specific Provision

16.6.2.1
The Vuntut Gwitchin First Nation and the Minister may each nominate an additional member as an alternate member to the Council.

16.6.2.2
Subject to 16.6.2.3, an alternate member may participate in the work of the Council.

16.6.2.3
An alternate member shall only receive remuneration and travel expenses and may only vote in the absence of a member nominated by the party which nominated the alternate.

16.6.3
Each Council shall determine its own procedures for selecting its chairperson from its membership. The Minister shall appoint the chairperson selected by the Council.

16.6.3.1
In the event that a Council fails to select a chairperson within 30 days of the position being vacant, the Minister shall appoint a chairperson from the membership of the Council after Consultation with the Council. 16.6.4 Unless otherwise provided in a Yukon First Nation Final Agreement, Council members shall be resident within that Traditional Territory.

Specific Provision

16.6.4.1
For the purposes of 16.6.4, a resident is a person who has long term familiarity with the Vuntut Gwitchin First Nation Traditional Territory and its renewable resources and who lives in the Vuntut Gwitchin First Nation Traditional Territory.

16.6.5
Unless otherwise provided in a Yukon First Nation Final Agreement, appointments to a Council shall be for a five year term, except for the initial appointments. One third of the initial appointments shall be made for three years, one third for four years, and one third for five years. Thereafter, the appointments shall be for five years. All appointments to the Council shall be during good behaviour.

16.6.6
Each Council shall make provisions for public involvement in the development of its decisions and its recommendations.

16.6.7
Each Council shall prepare an annual budget, subject to review and approval by Government. The budget shall be in accordance with Government guidelines and may include:

16.6.7.1
remuneration and travel expenses for attendance of Council members at Council meetings;

16.6.7.2
the costs of public hearings and meetings;

16.6.7.3
a budget for research review, public information and other activities; and

16.6.7.4
other items as the Council and Government agree on; and

the approved budget of the Council shall be a charge on Government.

16.6.8
The first annual budget for a Council and a multi-year financial forecast of its operation shall be set out in the implementation plan for that Yukon First Nation Final Agreement.

Powers and Responsibilities of Councils

16.6.9
Each Council, acting in the public interest and consistent with this chapter, may make recommendations to the Minister, the affected Yukon First Nation, the Board and the Sub-Committee on any matter related to Conservation of Fish and Wildlife.

16.6.10
Subject to Yukon First Nation Final Agreements, and without restricting 16.6.9, each Council:

16.6.10.1
may make recommendations to the Minister on the need for and the content and timing of Freshwater Fish and Wildlife management plans, including Harvesting plans, Total Allowable Harvests and the allocation of the remaining Total Allowable Harvest, for species other than the species referred to in 16.7.12.2;

16.6.10.2
may make recommendations to the Board regarding local management concerns for the species referred to in 16.7.12.2;

16.6.10.3
may make recommendations to the Salmon Sub-Committee on allocation of commercial and other uses of Salmon and on other matters designated in 16.7.17.12;

16.6.10.4
may identify and recommend to the Board harvest requirements, including harvest requirements within the adjusted Basic Needs Level, within guidelines established in Yukon First Nation Final Agreements;

16.6.10.5
may make recommendations to the Sub-Committee on the need for and the content and timing of Salmon management plans;

16.6.10.6
may establish bylaws under the Wildlife Act, R.S.Y. 1986, c. 178, in accordance with 16.11.0, for the management of Furbearers;

16.6.10.7
may make recommendations to the Minister and affected Yukon First Nation on the management of Furbearers;

16.6.10.8
may make recommendations to the Minister and affected Yukon First Nation, in accordance with 16.11.0, on the use of traplines and the reassignment of all new, vacant and under-utilized traplines;

16.6.10.9
may make recommendations to the Minister on priorities and policies related to enforcement of Legislation and on alternatives to penal sanctions with respect to Fish and Wildlife;

16.6.10.10
may review and make recommendations to the Minister on allocation of and terms and conditions for commercial uses of Wildlife and Fish other than Salmon;

16.6.10.11
may review and make recommendations to the Minister on applications for research permits granted by Government for Fish and Wildlife management-related research activities within the relevant Traditional Territory; and

16.6.10.12
may make recommendations to the affected Yukon First Nation regarding the Yukon First Nation's management of Fish and Wildlife on its Settlement Land pursuant to 16.5.1.8.

Specific Provision

16.6.10.13
shall seek the consent of the Vuntut Gwitchin First Nation before recommending the approval of proposed game farming or game ranching activities in the Vuntut Gwitchin First Nation Traditional Territory, where in the Council's opinion the proposed game farming or game ranching would have an adverse effect on the Harvesting rights of the Vuntut Gwitchin under this Agreement.

16.6.11
Each Council shall be granted status as an interested party to participate in public proceedings of any agency, board or commission on matters that affect the management and Conservation of Fish and Wildlife and their habitats within the relevant Traditional Territory for which that Council was established.

16.6.12
With the consent of the Minister and the affected Yukon First Nations, a Council may merge with other Councils to establish a regional Council with the same powers and responsibilities as a Council.

16.6.13
The Minister shall recommend to the Yukon Legislative Assembly an amendment to the Wildlife Act, R.S.Y. 1986, c. 178 to enable the Council to establish bylaws under the Wildlife Act, R.S.Y. 1986, c. 178 pursuant to 16.6.10.6.

16.6.14
Where the Minister proposes to implement a Total Allowable Harvest which would require the implementation of Basic Needs Level provisions for a species or population in a Traditional Territory in accordance with this chapter, the affected Council may make recommendations to the Minister on alternative measures that could be considered in the place of implementing the Basic Needs Level provisions.

16.6.15
Government shall provide Councils with the results of research under 16.6.10.11.

16.6.16
Where a Council does not carry out one of its responsibilities, the Minister, after giving notice to the Council, may undertake to fulfill that responsibility directly or delegate that responsibility to the Board.

16.6.17
Upon request by the Council, the Minister and the affected Yukon First Nation shall make available to the Council information in their possession reasonably required for the Council to carry out its functions under this chapter.

16.7.0 Fish and Wildlife Management Board

16.7.1
A Fish and Wildlife Management Board shall be established as the primary instrument of Fish and Wildlife management in the Yukon.

Composition of the Board

16.7.2
The Board shall be comprised of six nominees of Yukon First Nations and six nominees of Government.

16.7.3
The Board shall determine its own procedures for selecting its chairperson from its membership. The Minister shall appoint the chairperson selected by the Board.

16.7.3.1
In the event that the Board fails to select a chairperson within 60 days of the position being vacant, the Minister shall appoint a chairperson from the membership of the Board after Consultation with the Board.

16.7.4
The majority of representatives of Government and the majority of representatives of Yukon First Nations shall be Yukon residents.

16.7.5
Appointments to the Board shall be for a five year term, except for the initial appointments. One third of the initial appointments shall be made for three years, one third for four years, and one third for five years. Thereafter, the appointments shall be for five years. All appointments to the Board shall be during good behaviour.

16.7.6
The Board shall make provisions for public involvement in the development of its decisions and its recommendations.

16.7.7
The Board may establish an executive secretariat to provide administrative support to the Board.

16.7.7.1
The administrator of the secretariat shall be the executive secretary, who shall report to the Board and shall provide administrative and other support to the Board and maintain liaison with the Renewable Resources Councils.

16.7.7.2
The Director of Fish and Wildlife for the Yukon shall serve as an advisor to the Board and shall ensure that technical support is provided to the Board.

16.7.8
The Board shall be accountable to Government for its expenditures.

16.7.9
The Board shall prepare an annual budget, subject to review and approval by Government. Such budget shall be in accordance with Government guidelines and may include:

16.7.9.1
remuneration and travel expenses for attendance of Board members at Board and Sub-Committee meetings;

16.7.9.2
the costs of public hearings and meetings;

16.7.9.3
a budget for research review, public information and other activities;

16.7.9.4
the costs of staff and of the operation and maintenance of the office; and

16.7.9.5
other items as the Board and Government agree upon; and the approved budget of the Board and the Sub-Committee shall be a charge on Government.

16.7.10
The first annual budget for the Board and Sub-Committee and a multiyear financial forecast of the Board's and the Sub-Committee's operation shall be set out in the implementation plan for the Umbrella Final Agreement.

Powers and Responsibilities of the Board

16.7.11
The Board, acting in the public interest and consistent with this chapter and taking into consideration all relevant factors including recommendations of the Councils, may make recommendations to the Minister, to Yukon First Nations and to the Councils, on all matters related to Fish and Wildlife management, Legislation, research, policies, and programs.

16.7.12
Without restricting 16.7.11, the Board:

16.7.12.1
may recommend to the Minister policies for the management of Fish and Wildlife and their habitats;

16.7.12.2
may make recommendations to the Minister on the need for and the content and timing of all Yukon Fish and Wildlife management plans for species included in international agreements, threatened species or populations, species or populations declared by the Minister as being of a territorial, national or international interest, and Transplanted Populations and Exotic Species;

16.7.12.3
may review and make recommendations to the Minister and to Yukon First Nations on management plans recommended by the Councils, specifically the population goals and the management options contained within those plans;

16.7.12.4
may, where required by species or population management plans, recommend to the Minister a Total Allowable Harvest for a species listed in 16.7.12.2 in accordance with 16.9.0;

16.7.12.5
may review and recommend to the Minister adjustments to Basic Needs Levels in accordance with 16.9.8;

16.7.12.6
may make recommendations to the Minister on the need for, and on positions on, interjurisdictional agreements that affect the Conservation and Use of Fish and Wildlife resources in the Yukon;

16.7.12.7
after Consultation with the affected Councils, may recommend to the Minister restrictions on methods and practices of harvest for reasons of Conservation, public health, public safety and, in exceptional circumstances, for protection of the renewable resources economy associated with the Use of Fish or Wildlife resources;

16.7.12.8
may, at the request of the Council, assist a Council in the performance of its duties;

16.7.12.9
may, subject to approval of the Minister and the Council, delegate the performance of its responsibilities to a Council; and

16.7.12.10
may, in Consultation with the Councils and subject to Yukon First Nation Final Agreements, identify new opportunities and recommend to the Minister management measures for commercial Uses of Fish and Wildlife.

16.7.13
The Board shall have standing as an interested party to participate in the public proceedings of any agency, board or commission dealing with matters that affect the management and Conservation of Fish and Wildlife and their habitat in the Yukon.

16.7.14
The Board shall communicate to the Councils its recommendations and decisions approved in accordance with 16.8.0 within a reasonable time.

16.7.15
The Board shall meet not less than annually with the chairpersons of the Councils.

16.7.16
Before the amendment or introduction of Legislation for Fish and Wildlife in the Yukon, the Minister shall Consult with the Board on the matters to be addressed in that Legislation.

Salmon Sub-Committee

16.7.17
A Sub-Committee of the Board shall be established as the main instrument of Salmon management in the Yukon.

16.7.17.1
The Board shall assign from its membership one appointee of Yukon First Nations and one appointee of Government to the Sub- Committee.

16.7.17.2
The Minister shall nominate two additional members to the Sub- Committee.

16.7.17.3
For the Yukon River drainage basin, the affected Yukon First Nation shall nominate two members to the Sub-Committee who shall sit on the Sub-Committee when it deals with matters affecting Salmon in the Yukon River drainage basin only.

16.7.17.4
For the Alsek River drainage basin, the affected Yukon First Nation shall nominate two members to the Sub-Committee who shall sit on the Sub-Committee when it deals with matters affecting Salmon in the Alsek River drainage basin only.

16.7.17.5
For the Porcupine River drainage basin, the affected Yukon First Nation shall nominate two members to the Sub-Committee who shall sit on the Sub-Committee when it deals with matters affecting Salmon in the Porcupine River drainage basin only.

16.7.17.6
When the Sub-Committee is dealing with matters affecting more than one of the drainage basins identified in 16.7.17.3 to 16.7.17.5, the members appointed to represent those basins may sit on the Sub-Committee, provided that the total number of votes to be exercised by those members shall not exceed two.

16.7.17.7
Appointments to the Sub-Committee by the Board shall be for the term held by that appointee on the Board.

16.7.17.8
The additional appointments to the Sub-Committee by the Minister and by Yukon First Nations shall be for five years. All appointments to the Sub-Committee shall be during good behaviour.

16.7.17.9
The Board shall appoint a chairperson from the membership of the Sub-Committee. In the event the Board fails to select a chairperson within 60 days of the position being vacant, the Minister shall appoint a chairperson from the membership of the Sub-Committee after Consultation with the Sub-Committee.

16.7.17.10
The Department of Fisheries and Oceans shall provide technical and administrative support to the Sub-Committee as required to determine appropriate plans for Salmon management, and a senior official of the department in the Yukon shall serve the Sub- Committee as Executive Secretary.

16.7.17.11
The Sub-Committee, acting in the public interest and consistent with this chapter and taking into account all relevant factors including recommendations of the Councils, may make recommendations to the Minister and to Yukon First Nations on all matters related to Salmon, their habitats and management, including Legislation, research, policies and programs.

16.7.17.12
Without restricting 16.7.17.11, the Sub-Committee:

(a) may recommend to the Minister policies for the management of Salmon and their habitats;

(b) may make recommendations to the Minister on the need for, and on the content and timing of Salmon Harvesting and management plans in accordance with the terms of this chapter;

(c) may make recommendations to the Minister on the need for, and on a position on, interjurisdictional agreements affecting the Use of Yukon Salmon resources;

(d) may seek, from a Council or the public, input on specific aspects of a Salmon management plan;

(e) subject to Yukon First Nation Final Agreements, may make recommendations to the Minister on new opportunities and proposed management measures for commercial Uses of Salmon;

(f) after Consultation with affected Yukon First Nations, shall make recommendations to the Minister on allocation, in amount and by area, of Salmon to users, in accordance with this chapter; and

(g) may make recommendations on management measures required to best ensure that the basic needs allocation of a Yukon First Nation is met, recognizing that resources available for fisheries management may be limited.

16.7.17.13
Representatives from the Sub-Committee shall form the majority of the Canadian representatives to any Yukon River panel established pursuant to the Treaty between the Government of Canada and the Government of the United States of America concerning Pacific Salmon.

16.7.17.14
The Sub-Committee shall be granted standing as an interested party to participate in the public proceedings of any agency, board or commission dealing with matters that affect the management and Conservation of Salmon or their habitat in the Yukon.

16.7.17.15
The Sub-Committee shall communicate its recommendations and decisions to the Board, and to the Minister in accordance with the provisions of 16.8.0.

16.7.18
Where the Board or the Sub-Committee does not carry out a responsibility, the Minister, after giving notice to the Board or the Sub- Committee as appropriate, may carry out that responsibility.

16.7.19
The Minister shall Consult with and obtain a recommendation of the Board before declaring a species or population to be of territorial, national or international interest under 16.7.12.2.

16.7.20
Upon request by the Board or the Sub-Committee, the Minister and the affected Yukon First Nation shall make available to the Board or the Sub- Committee information in their possession reasonably required for the Board or the Sub-Committee to carry out its functions under this chapter.

16.8.0 Role of Ministers and Yukon First Nations

Implementation of Council, Board and Sub-Committee Decisions

16.8.1
The provisions of 16.8.2 to 16.8.8 apply to decisions and recommendations of the Councils, the Board and the Sub-Committee made to the Minister pursuant only to 10.5.5, 16.3.13, 16.5.1.8, 16.6.10, 16.6.14, 16.7.12, 16.7.17.12, 16.7.19, 16.8.12, 16.9.2, 16.9.8, 16.10.1, 16.10.12, 16.11.10, 17.4.1.2, 17.4.1.3, 17.4.1.5 and 17.4.1.6 and to those recommendations and decisions of the Board, the Councils or the Sub- Committee which may be referred to 16.8.0 in a Yukon First Nation Final Agreement.

16.8.1.1
In 16.8.2 to 16.8.7, Board means the Board, Councils and Sub- Committee.

16.8.2
Unless the Minister directs otherwise, the Board shall forward its recommendations and decisions pursuant to 16.8.1 to the Minister, accompanied by draft regulations where appropriate.

16.8.3
Unless the Minister directs otherwise, all recommendations and decisions of the Board shall be kept confidential until the process in 16.8.4 to 16.8.6 has been completed or the time for the process has expired.

16.8.4
The Minister, within 60 days of the receipt of a recommendation or decision under 16.8.2, may accept, vary, set aside or replace the recommendation or decision. Any proposed variation, replacement or setting aside shall be sent back to the Board by the Minister with written reasons. The Minister may consider information and matters of public interest not considered by the Board.

16.8.4.1
The Minister may extend the time provided in 16.8.4 by 30 days.

16.8.4.2
Nothing in 16.8.4 shall be construed as limiting the application of 16.3.3.

16.8.5
The Board, within 30 days of the receipt of a variation, replacement or setting aside by the Minister pursuant to 16.8.4, shall make a final recommendation or decision and forward it to the Minister with written reasons.

16.8.5.1
The Minister may extend the time provided under 16.8.5.

16.8.6
The Minister, within 45 days of receipt of a final recommendation or decision, may accept or vary it, or set it aside and replace it.

16.8.6.1
In the event that the Minister proposes to vary or to set aside and replace a recommendation of the Board with respect to the determination of a Total Allowable Harvest, the Minister shall make reasonable efforts to reach a consensus with the affected Yukon First Nation on the variation or setting aside and replacement of the recommendation.

16.8.6.2
In the event that the Minister and the affected Yukon First Nation are unable to reach a consensus under 16.8.6.1, the Minister may proceed to vary or set aside and replace the recommendation of the Board with respect to the determination of the Total Allowable Harvest, provided that the Minister is satisfied that the variation or replacement is consistent with the principle of Conservation.

16.8.6.3
The process for seeking consensus with the affected Yukon First Nation shall give due consideration to timing of any statutory or regulatory changes required and to the timing of Harvesting activities.

16.8.6.4
The Minister may extend the time provided in 16.8.6 in order to carry out the requirements of 16.8.6.1 and 16.8.6.2.

16.8.6.5
The Minister shall provide the Board with notice of the Minister's final decision under 16.8.6.

16.8.7
Government shall, as soon as practicable, implement:

16.8.7.1
all recommendations and decisions of the Board that are accepted by the Minister under 16.8.4;

16.8.7.2
all decisions of the Minister under 16.8.6; and

16.8.7.3
subject to 16.8.7.1 and 16.8.7.2, all recommendations or decisions of the Board after the expiry of the time provided in the process set out in 16.8.4 and 16.8.6.

16.8.8
The Minister may refer any matter described in 16.8.1 to the dispute resolution process under 26.4.0 once the procedure set out in 16.8.1 to 16.8.4 has been completed.

Judicial Review of Decisions

16.8.9
All final decisions of the Board, Sub-Committee and Council pursuant to 16.6.10.6 and 16.10.14 shall be final and binding and not subject to appeal or review in any court provided however that an application for judicial review by a Yukon First Nation, Government or any affected Person, shall lie to the Supreme Court of the Yukon upon the grounds that the Board, Sub-Committee or Council:

16.8.9.1
failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;

16.8.9.2
erred in law in making its decision, whether or not the error appears on the face of the record; or

16.8.9.3
based its decision on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it.

16.8.10
An application for judicial review shall be made within 60 days of the decision.

Emergency Action by the Minister

16.8.11
Where it appears to the Minister that there is an emergency which affects the well-being of Fish and Wildlife or their habitat, and where time does not permit Consultation with the Board, Sub-Committee or affected Council, the Minister may take such action as is necessary before Consulting with the Board, Sub-Committee or the affected Council.

16.8.12
Where emergency action has been taken pursuant to 16.8.11, the Minister shall within seven days inform the Board, Sub-Committee or Council and solicit their continuing advice. The Board, Sub-Committee or Council may recommend to the Minister that the emergency action be terminated pending their consideration of the issue.

16.8.13
Notwithstanding 16.3.2, Government may allow a catch of Salmon greater than the Total Allowable Catch in exceptional circumstances.

Referral of Matters by the Minister

16.8.14
The Minister may request that a Council, the Board or the Sub-Committee exercise a Council, Board or Sub-Committee power or responsibility under a Settlement Agreement, as appropriate, and the Council, the Board or the Sub-Committee shall comply with the request within such reasonable time as the Minister requires.

16.9.0 Fish and Wildlife Harvests

16.9.1
Each Yukon First Nation Final Agreement shall set out the manner in which the Total Allowable Harvest shall be shared between Yukon Indian People and other harvesters.

16.9.1.1
When opportunities to harvest Freshwater Fish or Wildlife are limited for Conservation, public health or public safety, the Total Allowable Harvest shall be allocated to give priority to the Subsistence needs of Yukon Indian People while providing for the reasonable needs of other harvesters.

16.9.1.2
The priority in 16.9.1.1 is subject to provisions set out in Yukon First Nation Final Agreements pursuant to 16.9.1 or 16.9.10 and to provisions negotiated subsequently pursuant to 16.9.13.

Specific Provision

16.9.1.3
If Government establishes in accordance with this Agreement a Total Allowable Harvest for moose in the Vuntut Gwitchin First Nation Traditional Territory, Government shall allocate to the Vuntut Gwitchin either:

(a) the first 40 moose in the Total Allowable Harvest and thereafter 80 percent of the remaining Total Allowable Harvest; or

(b) the number of moose required to satisfy the Subsistence needs of the Vuntut Gwitchin,

whichever is less.

16.9.1.4
Where an allowable harvest for moose is established in the Park, the number of moose specified in the notice given by the Vuntut Gwitchin First Nation pursuant to 4.11.2 of Schedule A - Vuntut National Park, attached to Chapter 10 - Special Management Areas, shall, for the purposes of 16.9.1.3, be included in the Total Allowable Harvest for moose in the Vuntut Gwitchin First Nation Traditional Territory.

16.9.1.5
Where, in accordance with this chapter, a Basic Needs Level or harvest allocation is established for a species of Wildlife other than moose, and where an allowable harvest for that species is established in the Park, the number of animals of that species specified in the notice given by the Vuntut Gwitchin pursuant to 4.11.2 of Schedule A - Vuntut National Park, attached to Chapter 10 - Special Management Areas, shall be included in the Total Allowable Harvest for that species in the Vuntut Gwitchin First Nation Traditional Territory, and that Total Allowable Harvest shall be allocated in accordance with the provisions of that Basic Needs Level or harvest allocation.

16.9.1.6
For the purposes of 16.9.1.4 and 16.9.1.5, "Park" has the same meaning as in Schedule A - Vuntut National Park, attached to Chapter 10 - Special Management Areas.

16.9.1.7
The Vuntut Gwitchin First Nation may allocate to the Tetlit Gwich'in any part of the Total Allowable Harvest allocated to the Vuntut Gwitchin First Nation pursuant to 16.9.1.3 in the Secondary Use Area.

16.9.1.8
If there is a special harvesting opportunity established pursuant to 12.4 of the Gwitchin Transboundary Agreement in the Primary Use Area for the Tetlit Gwitchin, the Vuntut Gwitchin may only harvest that species within any part of the special harvesting opportunity allocated to them by the Tetlit Gwitchin.

16.9.2
The Board, pursuant to 16.7.12.4, and the Council, pursuant to 16.6.10.1, may establish, modify or remove Total Allowable Harvests for Freshwater Fish or Wildlife populations from time to time in the Yukon but shall only do so if:

16.9.2.1
required for Conservation, public health or public safety;

16.9.2.2
required due to the inability of various Fish and Wildlife species and populations to meet sustainable yield requirements as determined by scientific research and surveys and the special knowledge of Yukon Indian People; or

16.9.2.3
required to achieve the goals and objectives identified by species and population management plans; and only to the extent reasonably necessary to achieve those ends.

16.9.3
Where, in any year:

16.9.3.1
the maximum harvest allocation for a species of Wildlife negotiated for a Yukon First Nation pursuant to 16.9.1 or 16.9.13 is greater than that Yukon First Nation's Basic Needs Level or its needs, as the case may be; and

16.9.3.2
the maximum harvest allocation to another Yukon First Nation pursuant to its Yukon First Nation Final Agreement is less than that Yukon First Nation's Basic Needs Level or its needs, as the case may be, for that species of Wildlife,

Government, upon the request of the Yukon First Nation described in 16.9.3.1, shall allocate some or all of the maximum harvest allocation as determined by that Yukon First Nation which is surplus to the Basic Needs Level or needs of that Yukon First Nation to the Yukon First Nation described in 16.9.3.2 in the Traditional Territory of the Yukon First Nation described in 16.9.3.1 up to the Basic Needs Level or needs, as the case may be, of the Yukon First Nation described in 16.9.3.2.

16.9.4
The Board, pursuant to 16.7.12.4, or the Council, pursuant to 16.6.10.1, shall recommend to the Minister the allocation of that portion of the Total Allowable Harvest which is not allocated to a Yukon First Nation to satisfy its Basic Needs Level or adjusted Basic Needs Level.

Basic Needs Levels

16.9.5
Each Yukon First Nation Final Agreement shall set out Basic Needs Levels or special Harvesting opportunities for key Freshwater Fish and Wildlife species.

Specific Provision

16.9.5.1
Special Harvesting opportunities for the Vuntut Gwitchin First Nation are set out in 16.9.1.3 to 16.9.1.8 inclusive.

16.9.6
When determining a Basic Needs Level or special Harvesting opportunities for each Yukon First Nation, Government and Yukon First Nations may consider the following:

16.9.6.1
recent and current harvests of the species or population by Yukon Indian People enrolled under that Yukon First Nation Final Agreement;

16.9.6.2
recent and current harvests within the Yukon First Nation's Traditional Territory by other harvesters;

16.9.6.3
current personal consumption estimates of the species or population by Yukon Indian People enrolled under that Yukon First Nation Final Agreement for food;

16.9.6.4
the ability of the species or population to satisfy the Harvesting needs of Yukon Indian People enrolled under that Yukon First Nation Final Agreement as well as other users; and

16.9.6.5
such other factors as the parties may agree.

16.9.7
Government and a Yukon First Nation may agree to conduct a study to define more clearly the factors listed in 16.9.6.

Adjusted Basic Needs Levels

16.9.8
Once a Basic Needs Level has been set pursuant to a Yukon First Nation Final Agreement, the Board may, upon the recommendation of a Council or a Yukon First Nation, review and recommend to the Minister the adjustment of the Basic Needs Level. In reaching its decision about adjusting the Basic Needs Level, the Board shall, in addition to the factors listed in 16.9.6, take into consideration the following factors:

16.9.8.1
human population change within the Traditional Territory;

16.9.8.2
changing patterns of consumption;

16.9.8.3
the cultural and nutritional importance of Fish and Wildlife to Yukon Indian People;

16.9.8.4
the use and Harvesting of Fish and Wildlife for personal use by Yukon residents; and

16.9.8.5
the commercial consumptive and Non-Consumptive Use of Fish and Wildlife.

16.9.9
In any year the adjusted Basic Needs Level may vary upward or downward, but shall not fall below the Basic Needs Level established pursuant to a Yukon First Nation Final Agreement, unless the affected Yukon First Nation consents.

16.9.10
Yukon First Nation Final Agreements may provide for special Harvesting rights for Yukon Indian People for Freshwater Fish. The purpose of the special Harvesting rights shall be to maintain the priority for Yukon Indian People's food fish needs over other uses.

16.9.11
The special Harvesting rights for Freshwater Fish pursuant to 16.9.10 may include the designation of certain lakes as being primarily for food fishing by Yukon Indian People, or such other measures as the parties to a Yukon First Nation's Final Agreement may agree, in absence of any Basic Needs Level.

16.9.12
Where no special Harvesting rights for Freshwater Fish are negotiated pursuant to 16.9.10, Government shall ensure that the food Freshwater Fish needs of Yukon Indian People receive primary consideration in the allocation of Freshwater Fish resources.

16.9.13
Following a Yukon First Nation Final Agreement, a Yukon First Nation and Government may negotiate a Basic Needs Level for a species other than those species where Basic Needs Levels have already been negotiated.

16.9.14
Where a Basic Needs Level is established pursuant to 16.9.10 or 16.9.13, the provisions of 16.9.0 shall apply to the determination and allocation of the Total Allowable Harvest to Yukon First Nations and to other harvesters.

16.9.15
The Basic Needs Level established for a Yukon First Nation shall be without prejudice to the Basic Needs Level of any other Yukon First Nation.

16.9.16
In the event that the Total Allowable Harvest is less than a Basic Needs Level or an adjusted Basic Needs Level, Government, the Yukon First Nation, the Board and the affected Council shall endeavour to rehabilitate the population.

Edible Fish or Wildlife Product Usage

16.9.17
Where the primary reason for Harvesting Wildlife is for purposes other than food, Government and Yukon First Nations shall explore methods of acquiring any edible meat which is a by-product of the harvest to assist in satisfying the needs of Yukon Indian People for food.

16.10.0 Allocation of Salmon Harvest

Total Allowable Catch

16.10.1
The Sub-Committee, pursuant to 16.7.17.12(b), may recommend to the Minister the establishment, modification or removal of the Total Allowable Catch for Salmon from time to time in a drainage basin, but shall do so only if required:

16.10.1.1
for Conservation, public health or public safety;

16.10.1.2
due to the inability of various Salmon species and populations to meet sustainable yield requirements as determined by scientific research and surveys and the special knowledge of Yukon Indian People; or

16.10.1.3
to achieve the goals and objectives identified for Salmon species and populations in Salmon Harvesting and management plans; and

only to the extent reasonably necessary to achieve those ends.

16.10.2
The Sub-Committee, pursuant to 16.7.17.12(f), shall recommend to the Minister, for a drainage basin, the allocation of that portion of the Total Allowable Catch which remains after the basic needs allocations described in this chapter for Yukon First Nations have been made. Basic Needs Allocation Considerations

16.10.3
In negotiating a basic needs allocation, the affected Yukon First Nation and Government shall consider the following:

16.10.3.1
the historical uses and Harvesting patterns of Yukon Indian People and other aboriginal groups;

16.10.3.2
the Harvesting patterns of other residents of the Yukon;

16.10.3.3
changing patterns of consumption;

16.10.3.4
the statistics prepared by the Department of Fisheries and Oceans for the Indian food fishery within each drainage basin for the past five years;

16.10.3.5
the ability of Salmon stocks within a drainage basin to meet the demands of the Yukon First Nations whose Traditional Territories include that drainage basin; and

16.10.3.6
such other factors as the parties may agree.

Basic Needs Allocation of Salmon Fishery to Yukon First Nations

16.10.4
The total basic needs allocation for Yukon First Nations for each species of Salmon in the drainage basin of the Yukon River, and the allocation among the Yukon First Nations of that total basic needs allocation, is set out in Schedule A - Determination of Basic Needs Allocation for the Drainage Basin of the Yukon River, attached to this chapter.

16.10.5
The basic needs allocation among the Yukon First Nations of Salmon set out in Schedule A - Determination of Basic Needs Allocation for the Drainage Basin of the Yukon River, attached to this chapter, may be varied by agreement in writing of all affected Yukon First Nations and Government.

16.10.6
The basic needs allocation for the Champagne and Aishihik First Nations of each species of Salmon in the drainage basin of the Alsek River shall be set out in the Champagne and Aishihik First Nations Final Agreement.

16.10.7
The basic needs allocation for the Vuntut Gwitchin First Nation of each species of Salmon in the drainage basin of the Porcupine River shall be set out in the Vuntut Gwitchin First Nation Final Agreement.

Specific Provision

16.10.7.1
The Vuntut Gwitchin First Nation shall have the exclusive basic needs allocation of Salmon in the drainage basin of the Porcupine River.

16.10.7.2
Subject to 16.10.7.4, for the drainage basin of the Porcupine River, Government shall allocate the first 750 chinook Salmon, the first 900 coho Salmon and the first 6,000 chum Salmon to the Vuntut Gwitchin First Nation.

16.10.7.3
If a total allowable catch is established for either chinook Salmon, coho Salmon or chum Salmon for the drainage basin of the Porcupine River, Government and the Vuntut Gwitchin First Nation shall make best efforts to negotiate a percentage allocation of the total allowable catch for either chinook Salmon, coho Salmon or chum Salmon in accordance with 16.10.3, which percentage will apply to any total allowable catch established thereafter.

16.10.7.4
Government shall allocate chinook Salmon, coho Salmon and chum Salmon to the Vuntut Gwitchin First Nation pursuant to 16.10.7.2 or 16.10.7.3, whichever is the greater.

16.10.8
Unless the affected Yukon First Nations otherwise agree, the basic needs allocation for a drainage basin shall have priority over all other fisheries in the allocation of the Total Allowable Catch. A basic needs allocation shall not be construed as a guarantee by Government that the allocation will actually be harvested by the Yukon First Nation.

16.10.9
Where the Total Allowable Catch is less than what is required to satisfy the basic needs allocations of Yukon First Nations within the Yukon River drainage basin, the Total Allowable Catch shall be distributed among the affected Yukon First Nations on a pro rata basis proportional to their share of the total basic needs allocation for that drainage basin.

16.10.10
Subject to 16.10.11, Government may adjust a Total Allowable Catch because of variations in the anticipated run size but only after Consultation with the Sub-Committee, and any such adjustment may be made in-season.

16.10.11
Where Government proposes to adjust the Total Allowable Catch under 16.10.10 and time does not permit Consultation with the Sub-Committee, Government may make the adjustment but it shall, within seven days, inform the Sub-Committee of the adjustment and solicit its continuing advice.

16.10.12
The Sub-Committee may recommend to the Minister that any adjustment made under 16.10.11 be varied or terminated pending the Sub- Committee's consideration of the issue.

16.10.13
Where:

16.10.13.1
a Total Allowable Catch is less than the total basic needs allocation in a season for the affected Yukon First Nations, and it is subsequently determined that the spawning escapement targets for Conservation were greater than was actually required for Conservation in that season; or

16.10.13.2
subject to an agreement entered into pursuant to 16.10.8, Government allocates Salmon to other fisheries which results in there being insufficient Salmon available to a Yukon First Nation to harvest its basic needs allocation for a drainage basin,

Government shall, in subsequent years, allocate additional Salmon to the affected Yukon First Nations, in proportion to their share of the total basic needs allocation, from any Salmon which are not required for Conservation for that drainage basin, so that, over a six year period, the Yukon First Nations are allocated, on average, their total basic needs allocation.

16.10.14
Where a downstream Yukon First Nation harvests Salmon in excess of its basic needs allocation with the result that an upstream Yukon First Nation does not have available to it sufficient Salmon to meet its basic needs allocation, the Sub-Committee may, in subsequent years, reallocate a portion of the basic needs allocation of the downstream Yukon First Nation to the upstream Yukon First Nation to compensate for the overharvesting of the downstream Yukon First Nation.

Allocation of Commercial Salmon Fishery to the Yukon First Nations

16.10.15
In accordance with 16.10.16, upon ratification of the Umbrella Final Agreement, Government shall issue a number of new additional Yukon commercial Salmon fishing licences to Yukon First Nations whose Traditional Territories include part of the Yukon River drainage basin.

16.10.16
The number of licences to be issued pursuant to 16.10.15 shall be the number equivalent to 26 percent of the Yukon commercial Salmon fishing licences in effect for the Yukon River drainage basin on the day immediately preceding the date of ratification of the Umbrella Final Agreement.

16.10.16.1
Following ratification of the Umbrella Final Agreement, the Yukon First Nations of the Yukon River drainage basin shall notify Government how the licences to be issued pursuant to 16.10.15 are to be allocated between them.

16.10.16.2
Upon receipt of notification pursuant to 16.10.16.1, Government shall issue, without fee, the licences to the affected Yukon First Nations.

16.10.17
The licences issued pursuant to 16.10.15 are not transferable except to another Yukon First Nation whose Traditional Territory includes part of the Yukon River drainage basin.

16.10.18
The allocation of commercial Salmon fishing licences in the drainage basin of the Alsek River for the Champagne and Aishihik First Nations shall be set out in the Champagne and Aishihik First Nations Final Agreement.

16.10.19
The allocation of commercial Salmon fishing licences in the drainage basin of the Porcupine River for the Vuntut Gwitchin First Nation shall be set out in the Vuntut Gwitchin First Nation Final Agreement.

Specific Provision

16.10.19.1
Any commercial Salmon fishing licences and any commercial Salmon sport fishing licences issued by Government for the Porcupine River drainage basin during a period of 15 years following the Effective Date of this Agreement will be issued to the Vuntut Gwitchin First Nation.

16.10.19.2
At the expiry of the period described in 16.10.19.1, if no commercial Salmon fishing licences have been allocated to the Vuntut Gwitchin First Nation for the Porcupine River drainage basin, the Vuntut Gwitchin First Nation shall have the right to be allocated the first two commercial Salmon fishing licences for the Porcupine River drainage basin, and the right to be allocated 50 percent of the number of any new commercial Salmon fishing licences allocated by Government thereafter.

16.10.19.3
If at the expiry of the period described in 16.10.19.1, Government has allocated one commercial Salmon fishing licence to the Vuntut Gwitchin First Nation for the Porcupine River drainage basin, the Vuntut Gwitchin First Nation shall have the right to be allocated the next new commercial Salmon fishing licence allocated by Government and the right to be allocated 50 percent of the number of any new commercial Salmon fishing licences allocated by Government thereafter.

16.10.19.4
If at the expiry of the period described in 16.10.19.1, Government has allocated two or more commercial Salmon fishing licences to the Vuntut Gwitchin First Nation for the Porcupine River drainage basin, the Vuntut Gwitchin First Nation shall have the right to be allocated 50 percent of any new commercial Salmon fishing licences allocated by Government thereafter.

16.10.19.5
At the expiry of the period described in 16.10.19.1, if no commercial Salmon sport fishing licences have been allocated to the Vuntut Gwitchin First Nation for the Porcupine River drainage basin, the Vuntut Gwitchin shall have the right to be allocated the first two commercial Salmon sport fishing licences, and to be allocated 50 percent of the number of any new commercial Salmon sport fishing licences allocated by Government thereafter.

16.10.19.6
If at the expiry of the period described in 16.10.19.1, Government has allocated one commercial Salmon sport fishing licence to the Vuntut Gwitchin First Nation for the Porcupine River drainage basin, the Vuntut Gwitchin First Nation shall have the right to be allocated the next new commercial Salmon sport fishing licence allocated by Government and the right to be allocated 50 percent of the number of any new commercial Salmon sport fishing licences allocated by Government thereafter.

16.10.19.7
If at the expiry of the period described in 16.10.19.1, Government has allocated two or more commercial Salmon sport fishing licences to the Vuntut Gwitchin First Nation for the Porcupine River drainage basin, the Vuntut Gwitchin First Nation shall have the right to be allocated 50 percent of the number of any new commercial Salmon sport fishing licences allocated by Government thereafter.

16.10.19.8
Government shall issue to the Vuntut Gwitchin First Nation a licence allocated to it under 16.10.19.1 to 16.10.19.7 upon application by the Vuntut Gwitchin First Nation, provided that the Vuntut Gwitchin First Nation otherwise satisfies the requirements in effect from time to time applicable to other applicants for the issuance of such a licence for the Porcupine River drainage basin.

(a) Upon the request of the Vuntut Gwitchin First Nation or Government, the Sub-Committee shall review and make recommendations to the Minister on the requirements in effect from time to time for the issuance of a licence under 16.10.19.8.

16.10.19.9
A licence issued to the Vuntut Gwitchin First Nation under 16.10.19.8 shall not be transferable.

16.10.19.10
A reissued licence shall not be considered a new licence for the purposes of calculating the number of licences required to be allocated to the Vuntut Gwitchin First Nation pursuant to 16.10.19.2 to 16.10.19.7.

16.10.19.11
Government shall issue, without

16.10.20
Nothing in a Settlement Agreement prevents a Yukon Indian Person or a Yukon First Nation from acquiring a commercial Salmon or commercial sport fishing licence through the normal regulatory process, including, where applicable, the payment of licence fees, and such licences shall not be considered to be part of the allocation allocated under 16.10.15 or 16.10.16.

16.11.0 Trapline Management and Use

16.11.1
Yukon First Nation Final Agreements shall set out the manner in which Government, Councils, the Board and Yukon First Nations participate in the regulation, management and Use of Furbearers, including the manner in which local bylaws approved by the Council will be implemented.

General Guidelines for the Councils

16.11.2
In establishing local criteria for the management and Use of Furbearers in accordance with 16.6.10.6 and 16.6.10.7, the Councils shall provide for:

16.11.2.1
the maintenance and enhancement of the Yukon's wild fur industry and the Conservation of the fur resource; and

16.11.2.2
the maintenance of the integrity of the management system based upon individual trapline identity, including individual traplines within group trapping areas.

Trapline Allocation Formula

16.11.3
Subject to 16.11.4, the overall allocation of traplines in each Yukon First Nation's Traditional Territory shall be approximately 70 percent held by Yukon Indian People and aboriginal people who are beneficiaries of Transboundary Agreements and approximately 30 percent held by other Yukon residents.

16.11.3.1
Subject to 16.11.3.2, 16.11.3.3 and 16.11.3.4, where the realization of the overall allocation in a Yukon First Nation's Traditional Territory pursuant to 16.11.3 would require that more traplines be allocated to Yukon Indian People, the acquisition of those additional traplines shall be completed within 25 years of the Effective Date of that Yukon First Nation's Final Agreement, unless the parties to the Yukon First Nation's Final Agreement otherwise agree.

16.11.3.2
Nothing in 16.11.3 shall be construed to require a person holding a trapline to sell or relinquish the trapline.

16.11.3.3
Nothing in 16.11.3 shall be construed to prevent a person holding a trapline, at the Effective Date of the Yukon First Nation Final Agreement of that Yukon First Nation in whose Traditional Territory the trapline is located, from transferring such trapline to a qualified member of the trapper's immediate family.

16.11.3.4
The Renewable Resources Council established for the Traditional Territory of a Yukon First Nation described in 16.11.3 shall establish additional criteria for the process by which the transition to the target set out in 16.11.3 is to be achieved, including transfers of traplines other than those pursuant to 16.11.3.3, which also may be permitted notwithstanding 16.11.3.1.

16.11.4
The Yukon First Nation Final Agreements for the Vuntut Gwitchin First Nation, the Champagne and Aishihik First Nations, the Teslin Tlingit Council, the Kluane First Nation, the Little Salmon/Carmacks First Nation and the Ross River Dena Council shall set out the overall allocation of traplines including their designation as Category 1 or Category 2 in those Yukon First Nations' Traditional Territories.

Specific Provision

16.11.4.1
The Vuntut Gwitchin First Nation shall retain the Vuntut Gwitchin group trapline.

16.11.5
Except as provided in 16.11.4, where, in a Yukon First Nation's Traditional Territory, the overall percentage of traplines held by Yukon Indian People and aboriginal people who are beneficiaries of Transboundary Agreements is less than 70, that Yukon First Nation's Final Agreement shall set out the process by which the Yukon First Nation or a Yukon Indian Person enrolled under that Yukon First Nation's Final Agreement may acquire additional traplines in order to raise the overall percentage to 70.

16.11.6
Up to 70 percent of the traplines in the Traditional Territory of a Yukon First Nation may be designated as Category 1 Traplines.

16.11.7
Category 1 Traplines shall be identified in a schedule to the Yukon First Nation's Final Agreement.

Specific Provision

16.11.7.1
The Category 1 Trapline in the Vuntut Gwitchin First Nation Traditional Territory is identified in Schedule B - Category 1 Traplines attached to this chapter.

16.11.8
A trapline shall be designated Category 1 only with the written consent of the registered holder of that trapline.

16.11.9
Where less than 70 percent of the traplines within a Yukon First Nation's Traditional Territory are designated as Category 1 pursuant to 16.11.7, that Yukon First Nation's Final Agreement shall set out the process by which additional traplines may be designated as Category 1 Traplines.

Trapline Allocation Process

16.11.10
The Council shall regularly review the use of traplines and make recommendations to the Minister and Yukon First Nations on the assignment and reassignment of all new, vacant and under-utilized traplines pursuant to criteria that it establishes in accordance with 16.6.10.6 and 16.6.10.7, as follows:

16.11.10.1
new and vacant traplines shall be assigned with regard to criteria established by the Council and, to the extent possible, in accordance with 16.11.3;

16.11.10.2
additional criteria for the allocation of Category 1 Traplines may be established by a Yukon First Nation;

16.11.10.3
Category 1 Traplines may be temporarily assigned to other qualified Yukon residents, but such assignment shall not alter the Category 1 status of the trapline;

Specific Provision

(a) The Vuntut Gwitchin First Nation may temporarily allocate its trapping opportunities within the Secondary Use Area to the Tetlit Gwich'in, but such allocation shall not alter the Category 1 status of the trapline.

16.11.10.4
upon mutual agreement between the trappers concerned, and with the approval of the Council, the Yukon First Nation and the Minister, a trade may be arranged between Category 1 and Category 2 Traplines, with consequent re-designation of the status of the traplines;

16.11.10.5
the Yukon and the Council shall maintain a register of Category 1 and Category 2 Traplines, and the Yukon First Nation shall also maintain a register of Category 1 Traplines;

16.11.10.6
for Category 1 Traplines, the final allocation authority shall rest with the Yukon First Nation;

16.11.10.7
for Category 2 Traplines, the final allocation authority shall rest with the Minister;

16.11.10.8
a Yukon First Nation, Government or any affected Person may refer any dispute arising out of 16.11.10 to the dispute resolution process under 26.4.0; and

16.11.10.9
a Yukon First Nation Final Agreement may set out additional provisions for trading Category 1 and Category 2 Traplines.

Interim Protection

16.11.11
The parties to the Umbrella Final Agreement agree not to reduce the number of traplines currently held by Yukon Indian People in a Yukon First Nation's Traditional Territory until the Effective Date of the Yukon First Nation Final Agreement, provided the Yukon First Nation Final Agreement is ratified before May 29, 1994 or within 24 months of commencement of negotiation of that Yukon First Nation Final Agreement, whichever comes sooner.

Trapline Development

16.11.12
Subject to 6.6.0 and Laws of General Application, holders, other than Yukon Indian People, of traplines on Settlement Land may construct and occupy, on Settlement Land, such cabins as are necessary for the reasonable use and enjoyment of traplines, and may cut necessary trails on their traplines.

Compensation

16.11.13
Yukon Indian People holding traplines whose Furbearer Harvesting opportunities will be diminished due to other resource development activities shall be compensated. Government shall establish a process following the Effective Date of the Yukon First Nation's Final Agreement for compensation, including designation of the Persons responsible for compensation.

16.11.13.1
Nothing in 16.11.13 shall be construed to affect a Yukon Indian Person's right to compensation pursuant to Law before the process in 16.11.13 is established.

Government Access

16.11.14
The designation of a trapline as Category 1 shall not restrict access by Government, in accordance with the provisions of the Umbrella Final Agreement, to that trapline to handle or collect animals for scientific or management reasons.

16.12.0 Access for Wildlife Harvesting on Settlement Land

16.12.1
Any trapper whose trapline is wholly or partially on Settlement Land shall continue to exercise all rights as a trapper to his or her existing trapline without fee in accordance with Settlement Agreements and Laws of General Application and bylaws established by the Council.

16.12.2
Where a Category 2 Trapline lies wholly or in part on Settlement Land, the holder of the trapline shall elect either to:

16.12.2.1
retain that portion of the trapline on Settlement Land and exercise the rights pursuant to 16.12.1;

16.12.2.2
make the trapline available for exchange for another trapline; or

16.12.2.3
sell that portion of the trapline on Settlement Land to the affected Yukon First Nation.

16.12.3
Subject to 16.12.4 and 16.12.10, any Person has a right of access to enter and stay on Undeveloped Category B Settlement Land without the consent of the affected Yukon First Nation for the purpose of noncommercial Harvesting of Fish and Wildlife, if permitted by, and in accordance with Laws which apply to lands under the administration and control of the Commissioner.

16.12.4
The Minister of the Yukon responsible for Fish and Wildlife may, on his own initiative or at the request of a person or entity holding title to any Parcel which is or was Category B Settlement Land from which the Public Access for Wildlife Harvesting is reserved, release and discharge the Public Access for Wildlife Harvesting in respect of that Parcel in whole or in part on such terms and conditions as he decides.

16.12.5
Subject to Settlement Agreements, and notwithstanding a Yukon First Nation's ownership of the Bed of waterbodies set out in Chapter 5 - Tenure and Management of Settlement Lands, Government reserves the right to manage the fishery and to determine who may fish in those waterbodies which are adjacent to a Waterfront Right-of-Way.

16.12.6
Where a Yukon First Nation owns the Bed of a waterbody and there is no adjacent Waterfront Right-of-Way, that Yukon First Nation has an exclusive right to fish in that portion of the Bed of the waterbody owned by the Yukon First Nation unless otherwise agreed in Settlement Agreements.

16.12.7
An outfitting concession holder has the right of access to cross and to make necessary stops on Settlement Land to reach that outfitting area without the consent of the affected Yukon First Nation. The outfitting concession holder's right of access shall include the right to erect temporary camps and to graze horses incidental to such access, and to travel over the land with employees and clients and their equipment but shall not include the right to hunt thereon or to erect any permanent camp thereon.

16.12.8
Yukon First Nations whose final land selections may adversely affect existing outfitting concessions shall negotiate with the outfitting concession holder to determine terms and conditions that can be established to mitigate any impact on the outfitting concession.

16.12.9
To the extent the impact of final land selections on existing outfitting concessions cannot be resolved through negotiations between the outfitting concession holder and a Yukon First Nation, Government will compensate the outfitting concession holder for provable loss caused by the concession holder's inability to use Settlement Land within that concession area for outfitting. Provable loss shall be defined prior to the enactment of Settlement Legislation.

16.12.10
The rights of access provided by 16.12.3 and 16.12.7 are subject to the conditions that there shall be no:

16.12.10.1
significant damage to Settlement Land or to improvements on Settlement Land;

16.12.10.2
mischief committed on Settlement Land;

16.12.10.3
significant interference with the use and peaceful enjoyment of its Settlement Land by the Yukon First Nation;

16.12.10.4
fee or charge payable to the affected Yukon First Nation other than that provided for in 16.5.1.13 and 16.5.1.14; or

16.12.10.5
compensation for damage other than significant damage.

16.12.11
A Person who fails to comply with the conditions in 16.12.10.1, 16.12.10.2 or 16.12.10.3 shall be considered a trespasser with respect to that incident of access.

16.13.0 Training and Education

16.13.1
The parties to the Umbrella Final Agreement shall immediately investigate the needs, opportunities and structures required to ensure the adequate development of human resources needed by Yukon First Nations and other Yukon residents in renewable resources management and related economic development opportunities. The parties to the Umbrella Final Agreement agree to design the structures necessary to develop these human resources.

16.13.2
The Yukon shall provide trapper training programs, designed in collaboration with Yukon First Nations and the Councils, for Yukon Indian People as required from time to time, to encourage effective involvement of trappers in the management and development of traplines. Unless the Yukon otherwise decides, these training programs shall be provided for 10 years from the enactment of Settlement Legislation.

16.13.3
Government and Yukon First Nations shall cooperate in providing crosscultural orientation and education for Board, Sub-Committee and Council members.

16.14.0 Implementation Provisions

16.14.1
Canada shall recommend to Parliament the repeal of section 19(3) of the Yukon Act, R.S.C. 1985, c. Y-2 upon the enactment of Settlement Legislation.

16.15.0 Harvest Support Program

16.15.1
The parties to the Umbrella Final Agreement agree to complete a feasibility study on the design of a Harvesting support program in the Yukon prior to Settlement Legislation.

SCHEDULE A
DETERMINATION OF BASIC NEEDS ALLOCATION FOR
THE DRAINAGE BASIN OF THE YUKON RIVER

1.0 Definitions

In this schedule, the following definitions shall apply.

"Contractor" means the contractor appointed pursuant to 3.7.

"Minister" means the Minister of Fisheries and Oceans.

"Study" means the Yukon River Drainage Basin Salmon Harvest Study.

"Yukon First Nation" and "Yukon First Nations" have the same meaning as in Chapter 1 - Definitions, but do not include the Liard First Nation.

2.0 General

2.1
A basic needs allocation required by 16.10.4 shall be determined for each Yukon First Nation in accordance with 3.0 or 4.0.

2.2
Harvesting of Salmon pursuant to 16.4.2 by Yukon Indian People enrolled under the Yukon First Nation Final Agreement of a Yukon First Nation for which a basic needs allocation for Salmon has been established shall thereafter be limited to the basic needs allocation.

2.3
The provisions of 16.4.4.1 shall not apply to a Yukon First Nation until every Yukon First Nation's basic needs allocation has been established.

3.0 Yukon River Drainage Basin Salmon Harvest Study

3.1
The Council for Yukon Indians and the Minister shall jointly cause the Study to be carried out.

3.2
The purpose of the Study is to determine for each Yukon First Nation, the arithmetic average of the actual annual harvest of all species of Salmon in the drainage basin of the Yukon River by persons eligible to be enrolled as Yukon Indian People under the Final Agreement of a Yukon First Nation.

3.3
Subject to 3.4, the actual annual harvest for the study shall be determined during a five year period.

3.4
If, during the Study, the exercise of the right under 16.4.2 to harvest Salmon for Subsistence is actually limited pursuant to 16.3.3, the Contractor will, at the request of the Salmon Sub-Committee, eliminate from the Study the year in which the limitation occurs and the Study will be extended by one year, provided that the Study shall be completed in no more than eight years regardless of the number of years which are eliminated under this provision.

3.5
The Council for Yukon Indians and the Minister shall negotiate terms of reference for the Study within six months after the effective date of Settlement Legislation, failing which, either party may refer any outstanding matter to the dispute resolution process under 26.3.0.

3.6
The terms of reference for the Study shall include:

3.6.1
an initial one year period during which the Contractor is to assist the Yukon First Nations, Government and other interested parties to prepare for the Study so as to best ensure the accuracy of the Study;

3.6.2
a requirement that the Contractor consider how to balance the change over time in the population of a Yukon First Nation with the factors listed in 16.10.3 in a better way than is reflected in 3.9.1;

3.6.3
the other requirements of this schedule; and

3.6.4
such other provisions as the parties may agree.

3.7
The Council for Yukon Indians and the Minister shall, within four months after completing the terms of reference, jointly appoint an independent contractor to carry out the Study, and, failing agreement, either party may refer the matter of the appointment to arbitration under 26.7.0.

3.8
An arbitrator acting pursuant to 3.7 shall appoint an independent contractor in accordance with the terms of reference and any bidding criteria the parties have agreed to.

3.9
The basic needs allocation for Salmon for a Yukon First Nation shall be determined in accordance with 3.9.1 or 3.9.2.

3.9.1
The basic needs allocation for Salmon for a Yukon First Nation shall be the greater of:

3.9.1.1
the arithmetic average of the actual annual harvest of Salmon for the years of the Study which are not eliminated pursuant to 3.4, plus 10 percent of that number; and

3.9.1.2
the percentage of the Total Allowable Catch which is equal to the basic needs allocation determined under 3.9.1.1 divided by the Total Allowable Catch arithmetically averaged over the years of the Study which are not eliminated pursuant to 3.4.

3.9.2
If, within three months of the release of the results of the Study, a Yukon First Nation so requests, the Minister and the Yukon First Nation will negotiate with a view to agreeing to make changes to 3.9.1 to balance better the change over time in population of the Yukon First Nation with the factors listed 16.10.3, and each party will consider in negotiations the recommendations of the contractor referred to in 3.6.2 and the factors described in 16.10.3.

3.9.3
If, after one year following the request to negotiate, the parties have not reached agreement, either party may, within a further 30 days, refer any outstanding matter to the dispute resolution process under 26.4.0.

3.9.4
If no agreement is reached under 3.9.2, no reference to dispute resolution is made under 3.9.3, or no agreement is reached within four months following a reference to dispute resolution, the basic needs allocation for the Yukon First Nation shall be as set out in 3.9.1.

4.0 Negotiation of a Basic Needs Allocation

4.1
The Minister and a Yukon First Nation, at the request of the Yukon First Nation, may, at any time before the end of the second year of the Study, negotiate a basic needs allocation for Salmon for that Yukon First Nation in accordance with 16.10.3, and thereafter the Study shall no longer include that Yukon First Nation.

SCHEDULE B
CATEGORY 1 TRAPLINES

1.0 List of Category 1 Traplines in the Vuntut Gwitchin First Nation Traditional Territory

1.1
The following is the list of Category 1 Traplines in the Vuntut Gwitchin First Nation Traditional Territory:

1.1.1
Vuntut Gwitchin group trapline.

 




Chapter 17 - Forest Resources

17.1.0 Definitions

In this chapter, the following definitions shall apply.

"Forest Resources Management" includes forest conservation, reforestation and silviculture.

"Forest Resources" includes all flora in a wild state.

"Tree" means a single-stemmed perennial woody plant in a wild state.

17.2.0 General

17.2.1
Subject to its Settlement Agreement, each Yukon First Nation shall own, manage, allocate and protect the Forest Resources on its Settlement Land.

17.2.2
The Minister shall Consult with the affected Renewable Resources Councils:

17.2.2.1
prior to establishing a new policy likely to significantly affect Forest Resources Management, allocation or forestry practices; and

17.2.2.2
prior to recommending to Parliament or the Legislative Assembly, as the case may be, Legislation concerning Forest Resources in the Yukon.

17.2.3
Nothing in this chapter applies to a National Park, a national park reserve or a national historic site administered by the Canadian Parks Service.

17.3.0 Forest Resources Harvesting

17.3.1
Subject to this chapter:

17.3.1.1
Yukon Indian People shall have the right, during all seasons of the year, to harvest Forest Resources on Crown Land for purposes incidental to the exercise of their traditional pursuits of hunting, fishing, trapping and gathering;

17.3.1.2
each Yukon First Nation shall have the right, during all seasons of the year, to harvest Trees on Crown Land to a maximum of 500 cubic metres per calendar year to provide for non-commercial community purposes; and

17.3.1.3
Yukon Indian People shall have the right during all seasons of the year to harvest Forest Resources on Crown Land incidental to the practice of their traditional customs, culture and religion or for the traditional production of handicrafts and implements.

17.3.2
The rights provided by 17.3.1 are subject to Legislation enacted for reasons of Forest Resources Management, land management, Conservation, protection of the environment, and for public health and public safety.

17.3.3
For the purposes of 17.3.1, where Legislation referred to in 17.3.2 requires the issuance of a permit or licence, such permit or licence issued to a Yukon Indian Person or a Yukon First Nation, as the case may be, shall be without fee.

17.3.4
The rights set out in 17.3.1 do not apply to Crown Land:

17.3.4.1
where the exercise of a right conflicts with the carrying out of any activity authorized by Government;

17.3.4.2
that is subject to a surface lease or an agreement for sale, unless the Person, other than Government, holding such interest consents; or

17.3.4.3
where access by the public is limited or prohibited.

17.3.5
Yukon Indian People may dispose of Trees harvested pursuant to 17.3.1 by way of gift, trade, barter or sale to other Yukon Indian People and to aboriginal people who are beneficiaries of Transboundary Agreements for the purposes described in 17.3.1.

17.3.6
Nothing in 17.3.1 shall be construed to:

17.3.6.1
confer a right of ownership of Forest Resources upon a Yukon Indian Person or a Yukon First Nation;

17.3.6.2
guarantee the supply of Forest Resources to a Yukon Indian Person or Yukon First Nation;

17.3.6.3
preclude any Person from harvesting Forest Resources on Crown Land if permitted by and in accordance with Laws of General Application; or

17.3.6.4
entitle Yukon Indian People or a Yukon First Nation to any priority of use, or right to any compensation for damage to, or loss of, Forest Resources or harvesting opportunities on Crown Land.

17.4.0 Renewable Resources Councils

17.4.1
A Renewable Resources Council may make recommendations to the Minister and the affected Yukon First Nation with respect to Forest Resources Management on Settlement Land and Non-Settlement Land within that Yukon First Nation's Traditional Territory, including:

17.4.1.1
the coordination of Forest Resources Management throughout the Yukon and in the relevant Traditional Territory;

17.4.1.2
the need for, and the content and timing of, Forest Resources inventories and management plans;

17.4.1.3
the policies, programs and Legislation which affect Forest Resources;

17.4.1.4
proposals for Forest Resources research;

17.4.1.5
forest fire suppression plans, including the human, technical and financial resources required, the definition and establishment of priority zones for fire fighting and procedures for the monitoring, periodic review and amendment of the plans;

17.4.1.6
the allocation and use of Forest Resources for commercial purposes, including the terms and conditions of tenure, standards of operation, rates of harvest and means of access to Forest Resources;

17.4.1.7
employment opportunities and training requirements in Forest Resources Management and commercial Forest Resources harvesting;

17.4.1.8
measures for the control of forest pests and diseases; and

17.4.1.9
other matters relating to the protection and management of Forest Resources.

17.4.2
Upon request by a Renewable Resources Council, the Minister and a Yukon First Nation may make available to the Council information in their possession with respect to the following:

17.4.2.1
Forest Resources inventories;

17.4.2.2
Forest Resources Management plans;

17.4.2.3
proposals for Forest Resources research; or

17.4.2.4
information on policies and programs related to Forest Resources.

17.4.3
Renewable Resources Councils shall cooperate with each other and with Yukon First Nations in matters of common concern and shall explore means of coordinating their activities.

17.4.4
Yukon First Nations shall cooperate with each other and with Renewable Resources Councils in matters of common concern and shall explore means of coordinating their activities.

17.4.5
A Renewable Resources Council may submit a budget for costs of carrying out its responsibilities under this chapter as a part of the budget submitted under 16.6.7.

17.5.0 Forest Resources Management Plans

17.5.1
The Minister may prepare, approve and implement plans for Forest Resources Management on Non-Settlement Land.

17.5.2
A Yukon First Nation may prepare, approve and implement plans for Forest Resources Management on its Settlement Land.

17.5.3
After Consultation with Yukon First Nations, the Minister shall establish the order in which plans for Forest Resources Management are to be developed. The Minister shall Consult with Yukon First Nations prior to changing the order established.

17.5.4
The timing for the development of Forest Resources Management plans for each Yukon First Nation's Traditional Territory shall be addressed in Yukon First Nation Final Agreements.

Specific Provision

17.5.4.1
Government, in consultation with the Vuntut Gwitchin First Nation and the Renewable Resources Council for the Vuntut Gwitchin First Nation Traditional Territory, shall determine the timing for the development of Forest Resource Management plans within the Vuntut Gwitchin First Nation Traditional Territory.

17.5.5
When developing Forest Resources Management plans, the Minister and the Yukon First Nations shall take into account the following:

17.5.5.1
the principle of sustainable use of Forest Resources;

17.5.5.2
the principle of an integrated and balanced approach to the management and protection of interests in and uses of Forest Resources in a watershed;

17.5.5.3
the principle of integrated Forest Resources Management on Settlement Land and Non-Settlement Land;

17.5.5.4
the Forest Resources harvesting and management customs of Yukon Indian People;

17.5.5.5
Fish and Wildlife Harvesting rights and management plans as set out in Chapter 16 - Fish and Wildlife;

17.5.5.6
the knowledge and experience both of the Yukon Indian People and scientific communities in Forest Resources Management and use; and

17.5.5.7
the principle of implementing the plan on a watershed basis.

17.5.6
A Forest Resources Management plan may provide guidelines in respect of:

17.5.6.1
Forest Resources pest and disease control;

17.5.6.2
standards for the use of Forest Resources;

17.5.6.3
terms, conditions and areas for the harvesting of Forest Resources; and 17.5.6.4
such other matters as the Yukon First Nation or the Minister may request.

17.5.7
The Minister shall consider whether a management inventory of Trees is necessary on Non-Settlement Land for the preparation of a Forest Resources Management plan.

17.5.8
If the Minister considers that a management inventory pursuant to 17.5.7 is necessary, the Minister shall complete the inventory before the development of the Forest Resources Management plan.

17.5.9
The Minister shall make available to each Yukon First Nation, before its final land selections are signed by the negotiators for its Yukon First Nation Final Agreement, all information that Government possesses concerning any inventory of Trees on land available for selection by that Yukon First Nation.

17.6.0 Relationship between Forest Resources Management and Other Processes

17.6.1
A Forest Resources Management plan and a forest fire management plan shall be consistent with any approved regional land use plans.

17.6.2
ukon First Nations and Government shall manage, allocate and protect their respective Forest Resources in a manner consistent with any recommendations approved in accordance with Chapter 12 - Development Assessment.

17.7.0 Forest Resources Pest and Disease Control

17.7.1
Where Forest Resources are threatened by pests or diseases a Yukon First Nation shall Consult the Minister before applying or permitting the application of pesticides and herbicides on Settlement Land.

17.7.2
Where Forest Resources are threatened by pests or diseases the Minister shall Consult the affected Yukon First Nation before applying pesticides and herbicides on Crown Land within that Yukon First Nation's Traditional Territory.

17.7.3
Where a pest or disease affects Forest Resources on Settlement Land, Government and the affected Yukon First Nation shall take such action as they may agree to control the problem.

17.7.4
The application of pesticides or herbicides pursuant to 17.7.1, 17.7.2, and

17.7.3
shall be subject to Chapter 12 - Development Assessment.

17.7.5
In emergency situations, nothing in 17.7.1 to 17.7.4 shall be construed to restrict the Minister's authority to control pests or diseases which threaten Forest Resources.

17.8.0 Forest Resources Protection

17.8.1
Nothing in this chapter shall be construed to obligate Government to fight forest fires.

17.8.2
Government shall Consult with each Yukon First Nation on general priorities for fighting forest fires on that Yukon First Nation's Settlement Land and on adjacent Non-Settlement Land.

17.8.3
For a period of five years after the Effective Date of a Yukon First Nation Final Agreement, Government shall continue to fight forest fires on that Yukon First Nation's Settlement Land:

17.8.3.1
in accordance with Government policy from time to time for fighting forest fires on Crown Land in the Yukon; and

17.8.3.2
within the financial and other resources available to Government from time to time for fighting forest fires on Crown Land in the Yukon.

17.8.4
Government may take any action it considers necessary on Settlement Land for control or extinguishment of forest fires. Where practicable, Government shall give notice to the affected Yukon First Nation prior to taking such action.

17.9.0 Third Party Interests

17.9.1
Unless otherwise agreed in a Yukon First Nation Final Agreement, where Settlement Land includes land to which a timber harvesting agreement applies:

17.9.1.1
on the Effective Date of a Yukon First Nation's Final Agreement; or

17.9.1.2
where the land becomes Settlement Land after the Effective Date of a Yukon First Nation's Final Agreement, on the date the land is transferred to the Yukon First Nation,

the holder of the agreement shall be entitled to exercise all rights granted by or pursuant thereto as if the land had not become Settlement Land.

17.10.0 Access

17.10.1
The holder of a commercial timber permit on Settlement Land which was in existence on the Effective Date of a Yukon First Nation Final Agreement shall have a right of access to use Settlement Land covered by the permit for purposes related to the commercial timber permit without the consent of the affected Yukon First Nation. The terms and conditions of the right of access shall be determined by the Minister as if that land had not become Settlement Land.

17.10.2
The holder of a commercial timber permit shall have a right of access to cross and make necessary stops on Settlement Land to reach adjacent land or to reach Settlement Land subject to that commercial timber permit with the consent of the affected Yukon First Nation or, failing consent, with an order of the Surface Rights Board setting out terms and conditions.

17.10.3
Where Settlement Land is subject to a timber harvesting agreement, the holder of the timber harvesting agreement shall have a right of access, including the right to construct new access, to use Settlement Land subject to the timber harvesting agreement for purposes related to that agreement without the consent of the affected Yukon First Nation. The terms and conditions of any right of access shall be determined by the Minister as if that land had not become Settlement Land.

17.10.4
The holder of a timber harvesting agreement shall have a right of access to cross and make necessary stops on Settlement Land to reach the adjacent land or to reach Settlement Land subject to the timber harvesting agreement with the consent of the affected Yukon First Nation, or failing consent, with an order of the Surface Rights Board setting out terms and conditions.

17.10.5
The Surface Rights Board shall not make an order for access pursuant to 17.10.2 and 17.10.4, unless the holder seeking access satisfies the Board that:

17.10.5.1
such access is reasonably required; and

17.10.5.2
such access is not also practicable and reasonable across Crown Land.

17.11.0 Application of Access Rights on Developed Settlement Land

17.11.1
Subject to 17.11.2, the provisions of 17.10.0 do not apply to Developed Settlement Land.

17.11.2
Where a commercial timber permit or the timber harvesting agreement described in 17.10.0 is on a Parcel of Developed Settlement Land, any right of access provided under 17.10.0 applies on that Parcel.

17.12.0 Conditions of Access

17.12.1
The rights of access provided by 17.10.1 and 17.10.3 are subject to the conditions that there shall be no:

17.12.1.1
unnecessary damage to Settlement Land or significant damage to improvements on Settlement Land;

17.12.1.2
mischief committed on Settlement Land;

17.12.1.3
unnecessary interference with the use and peaceful enjoyment by the Yukon First Nation of its Settlement Land;

17.12.1.4
fee or charge payable to the affected Yukon First Nation; or

17.12.1.5
compensation for damage other than unnecessary damage to Settlement Land or significant damage to improvements on Settlement Land.

17.12.2
A person who fails to comply with the conditions in 17.12.1.1, 17.12.1.2 and 17.12.1.3 shall be considered a trespasser with respect to that incident of access.

17.13.0 Other Access Rights

17.13.1
Nothing in this chapter shall be construed to prevent the holder of a commercial timber permit or timber harvesting agreement from exercising a right of access pursuant to a Settlement Agreement.

17.14.0 Economic Opportunities

17.14.1
Government shall, at the time it publicly invites tenders for Forest Resources Management or forest protection within a Yukon First Nation's Traditional Territory, provide a written notice of the tender to that Yukon First Nation.

17.14.2
When negotiating a Yukon First Nation Final Agreement, the parties to that Yukon First Nation Final Agreement shall address economic opportunities for the Yukon First Nation in the management, protection and harvesting of Forest Resources.

Specific Provision

17.14.2.1
Nothing in this Agreement shall be construed to affect the ability of the Vuntut Gwitchin First Nation to apply for or obtain a commercial timber permit on Non-Settlement Land or to negotiate a timber harvesting agreement with Government in accordance with Laws of General Application.

17.14.2.2
Government shall provide written notice to the Vuntut Gwitchin First Nation of any invitation for public tenders for contracts associated with silviculture within the Vuntut Gwitchin First Nation Traditional Territory.

17.14.2.3
The Vuntut Gwitchin First Nation shall have the first opportunity to accept any fixed term contract offered by Government associated with silviculture within the Vuntut Gwitchin First Nation Traditional Territory.

17.14.2.4
Any failure to provide written notice pursuant to 17.14.2.2 shall not affect the public tender process or the contract awards resulting therefrom. 17.14.2.5
Any failure to provide a first opportunity pursuant to 17.14.2.3 shall not affect any fixed term contract entered into associated with silviculture within the Vuntut Gwitchin First Nation Traditional Territory.

17.14.2.6
Government shall include a criterion for Vuntut Gwitchin employment in any contract opportunities associated with silviculture in the Vuntut Gwitchin First Nation Traditional Territory.

17.14.2.7
In evaluating any competitive proposal, bid or tender for the management of forest resources in the Vuntut Gwitchin First Nation Traditional Territory, the Government shall include among the factors for consideration, Vuntut Gwitchin employment and Vuntut Gwitchin ownership or equity investment in the firm or its subcontractors submitting the proposal, bid or tender.

17.14.2.8
Nothing in 17.14.2.6 or 17.2.7 shall be construed to mean that the inclusion of Vuntut Gwitchin employment or Vuntut Gwitchin ownership or equity investment shall be the determining criteria in the award of any contract.

17.14.2.9
Where Government requires Extra Fire Fighters to fight fires within the Vuntut Gwitchin First Nation Traditional Territory, it shall, where practicable, hire Vuntut Gwitchin.

(a) For the purposes of 17.14.2.9, "Extra Fire Fighters" means personnel, other than regular employees or seasonally employed crews, hired on a casual basis for fire fighting activities.

17.14.2.10
The areas identified on map "Commercial Forestry Reserves for the Use of the Community of Old Crow, (VGCFR)", in Appendix B - Maps, which forms a separate volume to this Agreement, shall be notated for commercial forestry reserves for the use of the community of Old Crow.

(a) The areas referred to in 17.14.2.10 may be deleted or adjusted and new areas may be added from time to time with the agreement of Government and the Vuntut Gwitchin First Nation.

 




Chapter 18 - Non-Renewable Resources

18.1.0 Specified Substances

18.1.1
A Yukon First Nation having a Specified Substances Right and a Person having a Mineral Right shall exercise those rights so far as practicable in a manner that the exercise of one right does not interfere with the exercise of the other right.

18.1.2
In the event that there is conflict between the exercise of the Specified Substances Right and the exercise of the Mineral Right, either the Yukon First Nation or the Person having the Mineral Right may apply to the Surface Rights Board.

18.1.3
Subject to 18.1.4, on an application under 18.1.2, the Surface Rights Board shall make an order specifying the terms and conditions of exercising either the Specified Substances Right or the Mineral Right or both so as to reduce such interference as far as practicable and, to the extent that interference with the exercise of the Specified Substances Right cannot be avoided, the Board shall give priority to the Person having the Mineral Right subject only to the payment of compensation to the Yukon First Nation for:

18.1.3.1
interference with the exercise of the Specified Substances Right; and

18.1.3.2
loss of opportunity to exercise the Specified Substances Right, taking into account the associated production cost incurred by the Person holding the Mineral Right.

18.1.4
The holder of an Existing Mineral Right is not required to pay compensation under 18.1.3.

18.1.5
Subject to any order of the Surface Rights Board issued pursuant to 18.1.3, any Person exercising a Mineral Right has a right to take, use, encounter, damage or destroy any Specified Substance incidental to the exercise of that Mineral Right without compensation to a Yukon First Nation.

18.1.6
Subject to 18.1.7, any Specified Substance taken, used, encountered, damaged or destroyed under 18.1.5 shall become the property of the Person exercising the Mineral Right.

18.1.7
A Person who has acquired a property interest in any Specified Substance pursuant to 18.1.6 is deemed to have forfeited all his proprietary rights therein upon expiry or termination of his Mineral Right, and thereafter the Yukon First Nation shall have the right to take and use that Specified Substance without compensation to that Person.

18.2.0 Quarries

18.2.1
In 18.2.0, the following definition shall apply.

"Government" includes the agents and contractors of Government.

18.2.2
Government shall endeavour to identify any Quarry required for public purposes within each Yukon First Nation's Traditional Territory before the final land selections for that Yukon First Nation have been signed by the negotiators to that Yukon First Nation Final Agreement.

18.2.3
Where reasonable and practicable to do so, Government shall endeavour to locate any Quarry on Non-Settlement Land.

18.2.4
Where reasonable and practicable to do so, Government shall endeavour to eliminate the use of Quarry sites on Settlement Land by locating an alternative Quarry on Non-Settlement Land.

18.2.5
Where Government has not identified adequate Quarries for public purposes before the final land selections have been signed by the negotiators to that Yukon First Nation Final Agreement, that Yukon First Nation Final Agreement shall set out:

18.2.5.1
a time period for further identification of any Quarry on Settlement Land which, unless the parties to that Yukon First Nation Final Agreement otherwise agree, shall be two years from the Effective Date of the Yukon First Nation Final Agreement;

Specific Provision

(a) The time period for further identification under 18.2.5.1 is two years from the Effective Date of this Agreement.

18.2.5.2
the area within the Traditional Territory that is subject to further identification of Quarries on Settlement Land; and

Specific Provision

(a) The areas of Vuntut Gwitchin First Nation Settlement Land which are subject to further identification of Quarries pursuant to 18.2.5.2 are the following:

i) R-6A; and

ii) R-8A

as identified in Appendix A - Settlement Land Descriptions, attached to this Agreement and in Appendix B - Maps, which forms a separate volume to this Agreement.

18.2.5.3
a process for Consultation with the Yukon First Nation in the further identification of Quarries on Settlement Land.

Specific Provision

(a) Government shall Consult with the Vuntut Gwitchin First Nation in the further identification of Quarries on Vuntut Gwitchin First Nation Settlement Land pursuant to 18.2.5.

18.2.6
Unless otherwise provided in a Yukon First Nation Final Agreement, the following terms and conditions respecting a Quarry on Settlement Land identified under 18.2.2 or 18.2.5 shall apply:

18.2.6.1
Government shall have the exclusive use of Quarries and the right to take any Construction Materials required from such Quarries without the agreement of or compensation for such use or taking to the affected Yukon First Nation;

18.2.6.2
Government shall use a Quarry in accordance with commonly accepted land use standards and shall endeavour to minimize interference with other uses of the Settlement Land;

18.2.6.3
on ending its use of a Quarry, Government shall, if required by the affected Yukon First Nation, restore the Quarry in accordance with commonly accepted land use standards including, as appropriate, cleanup, drainage, erosion control, re-contouring, overburden replacement, and replanting of vegetation so that the Quarry will blend in with the local landscape and vegetation; and

18.2.6.4
where a dispute arises over the use or restoration of a Quarry by Government, either Government or the affected Yukon First Nation may refer the dispute to the Surface Rights Board.

18.2.7
Where Government needs a Quarry and no suitable alternative Quarry is available on Non-Settlement Land in the surrounding area, a Yukon First Nation shall allow Government to establish and work a Quarry on Settlement Land which has not been identified under 18.2.2 or 18.2.5 and take Construction Materials required for public purposes from the Quarry under such terms and conditions as may be agreed by Government and the affected Yukon First Nation including compensation to that Yukon First Nation for the Construction Materials taken.

18.2.8
If the Yukon First Nation and Government are unable to reach agreement on Government's need for a Quarry or on whether there is a suitable alternative Quarry or on the terms and conditions for Government's use of a Quarry under 18.2.7 within 30 days of Government's request for the use of the Quarry, Government or the affected Yukon First Nation may refer the dispute to the Surface Rights Board.

18.2.9
When the Surface Rights Board determines that Government does not need a Quarry on Settlement Land or that a suitable alternative on Non- Settlement Land is available, the Surface Rights Board shall deny Government the right to work the Quarry.

18.2.10
Unless Government and the affected Yukon First Nation otherwise agree, Government may use Construction Materials removed from a Quarry on Settlement Land only for public purposes either within the Yukon or no further than 30 kilometres beyond the boundaries of the Yukon.

18.3.0 Access to Settlement Land for an Existing Mineral Right

18.3.1
Subject to 6.6.0, any Person having an Existing Mineral Right, whether on Settlement Land or on Non-Settlement Land, has a right of access, for purposes of exercising that right, to cross and make necessary stops on Settlement Land without the consent of the affected Yukon First Nation if:

18.3.1.1
the access is of a casual and insignificant nature; or

18.3.1.2
the route used is generally recognized and was being used for access on a regular basis, whether year round or intermittently, either,

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

(b) where the land becomes Settlement Land after the Effective Date of the Yukon First Nation Final Agreement, on the date the land became Settlement Land,

on the condition that the exercise of the right of access does not result in a significant alteration being made of that route.

18.3.2
Any Person having an Existing Mineral Right on Settlement Land has a right of access, for purposes of exercising that right, to use that Parcel of Settlement Land without the consent of the affected Yukon First Nation, where provided by Laws of General Application.

18.3.3
Any Person having an Existing Mineral Right on Settlement Land who does not have a right of access to Settlement Land under 18.3.1, or a right of access included in the right described in 5.4.2, has a right of access, for purposes of exercising that right, to cross and make necessary stops on Settlement Land with the consent of the affected Yukon First Nation or failing consent, with an order of the Surface Rights Board setting out the terms and conditions of access.

18.3.4
Any Person having an Existing Mineral Right on Non-Settlement Land who does not have a right of access to Settlement Land under 18.3.1, or a right of access included in the right described in 5.4.2, has a right of access, for purposes of exercising that right, to cross and make necessary stops on Settlement Land with the consent of the affected Yukon First Nation or failing consent, with an order of the Surface Rights Board setting out the terms and conditions.

18.3.5
The Surface Rights Board shall not make an order under 18.3.4 unless the Person seeking access satisfies the Board that:

18.3.5.1
the access is reasonably required; and

18.3.5.2
such access is not also practicable and reasonable across Crown Land.

18.3.6
If the Surface Rights Board makes an order under 18.3.3 or 18.3.4, it may order compensation as a term or condition of access only if a private owner of land in similar circumstances would be entitled to compensation, and then only to the same extent.

18.4.0 Access to Settlement Land for a New Mineral Right

18.4.1
Subject to 6.6.0, any Person having a New Mineral Right on Category B or Fee Simple Settlement Land or on Non-Settlement Land has a right of access, for purposes of exercising that New Mineral Right, to cross and make necessary stops on Settlement Land without the consent of the affected Yukon First Nation if:

18.4.1.1
the access is of a casual and insignificant nature; or

18.4.1.2
the route used is generally recognized and was being used for access on a regular basis, whether year round or intermittently, either,

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

(b) where the land becomes Settlement Land after the Effective Date of the Yukon First Nation Final Agreement, on the date the land became Settlement Land,

on the condition that the exercise of the right of access does not result in a significant alteration being made of that route.

18.4.2
Subject to 6.6.0, any Person having a New Mineral Right on Category B or Fee Simple Settlement Land has a right of access, for purposes of exercising that New Mineral Right, to use that Parcel of Settlement Land without the consent of the affected Yukon First Nation if the exercise of the right of access does not require the use of heavy equipment or methods more disruptive or damaging to the land than hand labour methods.

18.4.3
Any Person having a New Mineral Right on Category B or Fee Simple Settlement Land who does not have a right of access under 18.4.1 or 18.4.2, or a right of access included in the right described in 5.4.2, has a right of access, for purposes of exercising that New Mineral Right, to use, cross and make necessary stops on Settlement Land with the consent of the affected Yukon First Nation or failing consent, with an order of the Surface Rights Board setting out the terms and conditions of access.

18.4.4
Any Person having a New Mineral Right on Non-Settlement Land who does not have a right of access under 18.4.1, or a right of access included in a right described in 5.4.2, has a right of access, for purposes of exercising that New Mineral Right, to cross and make necessary stops on Settlement Land with the consent of the affected Yukon First Nation or failing consent, with an order of the Surface Rights Board setting out the terms and conditions of access.

18.4.5
The Board shall not make an order pursuant to 18.4.4 unless the Person seeking access satisfies the Board that:

18.4.5.1
the access is reasonably required; and

18.4.5.2
the access is not also practicable and reasonable across Crown Land.

18.5.0 Application of Access Rights on Developed Settlement Land

18.5.1
Subject to 18.5.2, the provisions of 18.3.0 and 18.4.0 do not apply to Developed Settlement Land.

18.5.2
Where the Mineral Right described in 18.3.0 or 18.4.0 is on a Parcel of Developed Settlement Land, any right of access provided under 18.3.0 or 18.4.0 applies on that Parcel.

18.6.0 Conditions of Access

18.6.1
The rights of access provided by 18.3.1. and 18.4.1 are subject to the conditions that there shall be no:

18.6.1.1
significant damage to the Settlement Land or to improvements on the Settlement Land;

18.6.1.2
mischief committed on the Settlement Land;

18.6.1.3
significant interference with the use and peaceful enjoyment of the Settlement Land by the Yukon First Nation;

18.6.1.4
permanent structure erected on the Settlement Land;

18.6.1.5
fee or charge payable to the affected Yukon First Nation; or

18.6.1.6
compensation for damage other than for significant damage.

18.6.2
The rights of access provided by 18.3.2 and 18.4.2 are subject to the conditions that there shall be no:

18.6.2.1
unnecessary damage to the Settlement Land or significant damage to improvements on the Settlement Land;

18.6.2.2
mischief committed on the Settlement Land;

18.6.2.3
unnecessary interference with the use and peaceful enjoyment of the Settlement Land by the Yukon First Nation;

18.6.2.4
fee or charge payable to the affected Yukon First Nation; or

18.6.2.5
compensation for damage other than unnecessary damage to the Settlement Land or for significant damage to improvements on the Settlement Land.

18.6.3
A Person who fails to comply with the conditions in 18.6.1.1, 18.6.1.2, 18.6.1.3, 18.6.1.4, 18.6.2.1, 18.6.2.2 or 18.6.2.3 shall be considered a trespasser with respect to that incident of access.

18.7.0 Other Access Rights

18.7.1
Nothing in this chapter shall be construed to prevent the holder of a Mineral Right from exercising a right of access pursuant to a Settlement Agreement.

 




Chapter 19 - Financial Compensation

19.1.0 Definitions

In this chapter, the following definitions shall apply.

"1989 Aggregate Value" means the amount set out in 19.2.1.

"Adjusted Final Share" means with respect to each Yukon First Nation,

(i) if the Yukon First Nation's Final Agreement is signed within two years of the effective date of Settlement Legislation, the greater of A or B, where:

A equals that Yukon First Nation's Unadjusted Final Share multiplied by P multiplied by Q, where,

P equals (1.04)N, where N is the number of years from August 15, 1989 to the most recent anniversary of August 15 prior to the date of signature of that Yukon First Nation's Final Agreement, and

Q equals 1.00 plus (0.04 multiplied by F and divided by 365), where F is the number of days from the most recent anniversary of August 15 prior to the date of signature of that Yukon First Nation's Final Agreement, to the date of signature of that Yukon First Nation's Final Agreement, and

B equals that Yukon First Nation's Unadjusted Final Share multiplied by the value of the Final Domestic Demand Implicit Price Index for the latest quarter prior to the signature of that Yukon First Nation's Final Agreement, and divided by the value of the Final Domestic Demand Implicit Price Index for the third quarter of 1989;

(ii) if the Yukon First Nation's Final Agreement is signed later than two years after the effective date of Settlement Legislation, the greater of C or D, where:

C equals that Yukon First Nation's Unadjusted Final Share multiplied by R multiplied by S, where,

R equals (1.04)M, where M is the number of years from August 15, 1989 to the most recent anniversary of August 15 prior to the second anniversary of the effective date of Settlement Legislation, and

S equals 1.00 plus (0.04 multiplied by G and divided by 365), where G is the number of days from the most recent anniversary of August 15 prior to the second anniversary of the effective date of Settlement Legislation, to the second anniversary of the effective date of Settlement Legislation, and

D equals that Yukon First Nation's Unadjusted Final Share multiplied by the value of the Final Domestic Demand Implicit Price Index for the third quarter of the year of the second anniversary of the effective date of Settlement Legislation, and divided by the value of the Final Domestic Demand Implicit Price Index for the third quarter of 1989.

For the purposes of this definition, the value of the Final Domestic Demand Implicit Price Index for any quarter shall be deemed to be the latest published value, at the time of the Yukon First Nation's Final Agreement, of the Final Domestic Demand Implicit price Index for that quarter.

"Average Discount Rate" means the arithmetic mean of the 15-year amortized Consolidated Revenue Fund Lending Rates for each month for the period commencing on the first day of the month of the signing of the First Yukon First Nation Final Agreement, and ending on the second anniversary of such day (25 months).

"Consolidated Revenue Fund Lending Rate" means the rate of that name established from time to time by the Department of Finance, Canada.

"First Yukon First Nation Final Agreement" means the Yukon First Nation Final Agreement signed between Canada, the Yukon and a Yukon First Nation on a date prior to which no Yukon First Nation Final Agreement has been signed.

"Loans" means:

the loans made by Canada to the Council for Yukon Indians or to the Yukon First Nations for the purpose of providing grants to Yukon Indian Elders pursuant to the 1984 Agreement-in-Principle with respect to providing Interim Benefits to Yukon Indian Elders, and any interest that has accrued thereon; and

loans made by Canada to the Council for Yukon Indians or a Yukon First Nation for the purpose of negotiating all agreements-in-principle and Settlement Agreements, and any interest that has accrued thereon.

"Unadjusted Final Share" means, for each Yukon First Nation, that Yukon First Nation's share of the 1989 Aggregate Value, determined according to Schedule A -Apportionment of the 1989 Aggregate Value attached to this chapter.

19.2.0 Financial Compensation

19.2.1
The 1989 Aggregate Value shall be $242.673 million. This amount is the financial compensation for all comprehensive claims in Canada by Yukon Indian People whether they are settled or not at the time of a Yukon First Nation Final Agreement.

19.2.2
Upon the Effective Date, each Yukon First Nation shall be entitled to its Adjusted Final Share payable as in 19.3.0 and 19.4.0.

19.3.0 Schedule of Payments Prior to the Determination of the Average Discount Rate

19.3.1
For each Yukon First Nation which signs a Yukon First Nation Final Agreement prior to the determination of the Average Discount Rate, a preliminary schedule of payments shall be appended to its Yukon First Nation Final Agreement and shall be calculated by Canada as follows:

19.3.1.1
the schedule shall consist of 15 consecutive equal annual payments which shall have a present value on the date of the signature of the Yukon First Nation Final Agreement equal to the Adjusted Final Share;

19.3.1.2
the first payment of the schedule shall be on the date of the signature of the Yukon First Nation Final Agreement;

19.3.1.3
following the first payment, there shall be 14 consecutive equal annual payments on the anniversary dates of the signature of the Yukon First Nation Final Agreement;

19.3.1.4
for purposes of computing the present value of the payments to a Yukon First Nation under the preliminary schedule of payments, the discount rate shall be the arithmetic mean of the 15-year amortized Consolidated Revenue Fund Lending Rates for each month starting the month of the signature of the First Yukon First Nation Final Agreement and ending the month prior to the signature of that Yukon First Nation Final Agreement, or if that rate is not available, the latest available rate; and

19.3.1.5
for purposes of computing the present value of the payments in the preliminary schedule of the First Yukon First Nation Final Agreement, the discount rate shall be the 15-year amortized Consolidated Revenue Fund Lending Rate for the month prior to the signature of that Yukon First Nation Final Agreement or if that rate is not available, the latest available rate.

Specific Provision

19.3.1.6
The preliminary schedule of payments is set out in Schedule B - Preliminary Schedule of Payments, attached to this chapter.

19.3.2
For each Yukon First Nation to which 19.3.1 applies:

19.3.2.1
subject to 19.3.2.3 and 19.3.2.4, Canada shall make the first payment on the Effective Date, and the amount of the payment shall be as established in 19.3.1 adjusted from the date of signature of the Yukon First Nation Final Agreement, to the date of payment by using the rate, compounded annually, calculated in 19.3.1.4 or 19.3.1.5, as the case may be;

19.3.2.2
following the first payment and until the second anniversary of the date of signature of the First Yukon First Nation Final Agreement, Canada shall make the subsequent yearly payments at the dates and in the amounts set out in the preliminary schedule of payments for that Yukon First Nation;

19.3.2.3
a Yukon First Nation Final Agreement may provide for an advance on the first payment to be made to the Yukon First Nation on the date of signature of the Yukon First Nation's Final Agreement; and

19.3.2.4
where an advance payment has been made pursuant to 19.3.2.3, Canada shall pay any balance of the first payment to the Yukon First Nation adjusted from the date of signature of the Yukon First Nation Final Agreement, to the date of payment by using the rate, compounded annually, calculated in 19.3.1.4 or 19.3.1.5, as the case may be.

Specific Provision

19.3.2.5
On the date of the signature of the this Agreement, Canada shall pay to the Vuntut Gwitchin First Nation an advance on the first payment to be made to the Vuntut Gwitchin First Nation, which advance shall be for the sum of $1,000,000.

19.3.3
For each Yukon First Nation to which 19.3.1 applies, Canada shall make its annual payments after the second anniversary of the signature of the First Yukon First Nation Final Agreement in accordance with a final schedule of payments to be calculated by Canada in the following manner.

19.3.3.1
An interim schedule shall be calculated as follows:

(a) the schedule shall consist of l5 consecutive equal annual payments commencing on the date of the signature of that Yukon First Nation's Final Agreement; and

(b) the payments in the schedule shall have a present value on the date of signature of the Yukon First Nation Final Agreement equal to the Adjusted Final Share, calculated using the Average Discount Rate.

19.3.3.2
If payments calculated under the interim schedule are greater than the corresponding payments in the preliminary schedule of payments, the final schedule of payments shall be calculated by Canada as follows:

(a) the schedule shall consist of 15 consecutive equal annual payments commencing on the date of the signature of that Yukon First Nation's Final Agreement;

(b) from the first payment until the most recent payment made prior to the calculation of the final schedule of payments, each payment in the final schedule shall be identical to the corresponding payment in the preliminary schedule;

(c) except for the next annual payment following the calculation of the final schedule of payments, each subsequent payment shall be identical to the corresponding payment of the interim schedule; and

(d) the amount of the next annual payment following calculation of the final schedule of payments shall be such that the present value of all payments in the final schedule of payments, calculated in the same manner as described in 19.3.3.1(b), shall equal the present value described in 19.3.3.1(b).

19.3.3.3
If payments calculated under the interim schedule defined in 19.3.3.1 are less than the corresponding payments in the preliminary schedule of payments, the final schedule of payments shall be calculated by Canada as follows:

(a) the final schedule shall consist of 15 consecutive equal annual payments commencing on the date of the signature of that Yukon First Nation's Final Agreement;

(b) from the first payment until the most recent payment actually made prior to the calculation of the final schedule of payments, each payment in the final schedule shall be identical to the corresponding payment in the preliminary schedule;

(c) the amount of the next payment following the calculation of the final schedule shall be calculated by reducing the amount of the corresponding payment of the interim schedule by the amount necessary to satisfy 19.3.3.3 (e).

If the result of this calculation is 50 percent or more than the payment under the preliminary schedule of payments, the payment shall be that amount. If the result of this calculation is less than 50 percent of the payment under the preliminary schedule of payments, the payment shall be 50 percent of the preliminary schedule of payments and in this case, the same operation shall apply to the calculation of the amount of the next following payment and to any further payments, if necessary, until the condition in 19.3.3.3(e) is satisfied;

(d) each payment subsequent to the payments in 19.3.3.3(c) shall be identical to the corresponding payment in the interim schedule; and

(e) the present value of all payments in the final schedule of payments, calculated in the same manner as described in 19.3.3.1(b), shall equal the present value described in 19.3.3.1(b).

19.4.0 Schedule of Payments After the Determination of the Average Discount Rate

19.4.1
For each Yukon First Nation which signs a Yukon First Nation Final Agreement on or after the determination of the Average Discount Rate, Canada shall, subject to 19.4.2, make its annual payment in accordance with a final schedule of payments to be appended to its Yukon First Nation Final Agreement and calculated by Canada as follows:

19.4.1.1
the schedule shall consist of 15 consecutive equal annual payments which shall have a present value on the date of the signature of the Yukon First Nation Final Agreement equal to the Adjusted Final Share;

19.4.1.2
the first payment of the schedule shall be on the date of the signature of the Yukon First Nation Final Agreement;

19.4.1.3
following the first payment, there shall be 14 consecutive equal annual payments on the anniversary dates of the signature of the Yukon First Nation Final Agreement; and

19.4.1.4
for purposes of computing the present value of the payments in the schedule, the discount rate shall be the Average Discount Rate.

19.4.2
For each Yukon First Nation to which 19.4.1 applies:

19.4.2.1
subject to 19.4.2.3 and 19.4.2.4, Canada shall make the first payment on the Effective Date, and the amount of the payment shall be as established in 19.4.1 adjusted from the date of signature of the Yukon First Nation Final Agreement to the date of payment by using the Average Discount Rate compounded annually;

19.4.2.2
following the first payment Canada shall make payments on the dates and in the amounts provided in 19.4.1;

19.4.2.3
a Yukon First Nation Final Agreement may provide for an advance on the first payment to be made on the date of signature of the Yukon First Nation's Final Agreement; and

19.4.2.4
where an advance payment has been made pursuant to 19.4.2.3, Canada shall pay any balance of the first payment to the Yukon First Nation adjusted from the date of signature of the Yukon First Nation Final Agreement, to the date of payment by using the Average Discount Rate, compounded annually.

19.4.3
If Canada is unable to make the second or the following payments on the date of the anniversary of the signature of the Yukon First Nation Final Agreement pursuant to 19.4.2.2, the second or the following payments shall be adjusted as in 19.4.2.1 so as to satisfy 19.4.1.1.

19.5.0 Loans

19.5.1
The Loans made to the Council for Yukon Indians prior to the date of signature of the First Yukon First Nation Final Agreement shall be prorated among the Yukon First Nations on the basis of Schedule A - Apportionment of the 1989 Aggregate Value attached to this chapter.

19.5.2
The Yukon First Nation which signs the First Yukon First Nation Final Agreement shall be liable only for its share of the Loans described in 19.5.1 and for Loans made directly to it, if any.

19.5.3
Loans made at any time after the date of signature of the First Yukon First Nation Final Agreement, shall be apportioned equally among the remaining Yukon First Nations that have not signed a Yukon First Nation Final Agreement.

19.5.4
A Yukon First Nation which signs its Yukon First Nation Final Agreement shall be liable for the following, unless otherwise agreed by Canada and that Yukon First Nation:

19.5.4.1
its share under 19.5.1;

19.5.4.2
the aggregate of its shares apportioned under 19.5.3; and

19.5.4.3
any Loans made directly to it.

19.5.5
Each Yukon First Nation Final Agreement shall set out the outstanding amount for which that Yukon First Nation is liable and shall establish a schedule of repayments commencing at the date of signature of that Yukon First Nation Final Agreement.

Specific Provision

19.5.5.1
The outstanding amount for which the Vuntut Gwitchin First Nation is liable is $ 5,647,807, and the schedule of repayments is set out in Schedule C - Repayment of Loan Amounts, attached to this chapter.

19.5.6
The schedule of repayments of amounts due and payable by a Yukon First Nation of Loans and interest due and payable pursuant to 19.5.7 shall provide that:

19.5.6.1
the amount of the first payment shall be 20 percent of the amount set out in 19.5.6.5;

19.5.6.2
the amount of the second payment shall be 40 percent of the amount set out in 19.5.6.5;

19.5.6.3
the amount of the third payment shall be 60 percent of the amount set out in 19.5.6.5;

19.5.6.4
the amount of the fourth payment shall equal 80 percent of the amount set out in 19.5.6.5;

19.5.6.5
the amount of the fifth to the eleventh payment shall be equal;

19.5.6.6
the amount of the twelfth payment shall equal 80 percent of amount set out in 19.5.6.5;

19.5.6.7
the amount of the thirteenth payment shall equal 60 percent of the amount set out in 19.5.6.5;

19.5.6.8
the amount of the fourteenth payment shall equal 40 percent of the amount set out in 19.5.6.5; and

19.5.6.9
the amount of the fifteenth payment shall equal 20 percent of the amount set out in 19.5.6.5.

19.5.7
The unpaid balance of the amounts of the Loans due and payable by a Yukon First Nation shall bear interest at the rate of six percent per annum calculated annually and not in advance from the date of the signature of that Yukon First Nation Final Agreement to the date of final repayment.

19.5.8
Canada shall set off against and deduct from each payment to be made to a Yukon First Nation pursuant to this chapter, the amount of repayment of the Loans to be made by that Yukon First Nation in accordance with the schedule of repayments referred in 19.5.6.

19.6.0 Loans Against Adjusted Final Share

19.6.1
At any time after three years from the effective date of Settlement Legislation, a Yukon First Nation may request a loan from Canada against the unpaid balance of its Adjusted Final Share.

19.6.2
The Minister of Finance may, at his discretion, negotiate with the Yukon First Nation the amount and terms and condition of the requested loan.

19.7.0 Advance Against Final Compensation

19.7.1
The Council for Yukon Indians acknowledges the receipt of $1 Million on May 29, 1989 as an advance on the 1988 Aggregate Value established in the 1989 Agreement-in-Principle.

19.7.2
The 1989 Aggregate Value set out in 19.2.1 was calculated by multiplying the 1988 Aggregate Value set out in the 1989 Agreement-in-Principle with the Council for Yukon Indians, by 1.0504, and subtracting from that amount $1 Million multiplied by 1.02

SCHEDULE A
APPORTIONMENT OF THE 1989 AGGREGATE VALUE

The apportionment of the 1989 Aggregate Value among the Yukon First Nations is:

Carcross/Tagish First Nation
    $17,687,553
 
Champagne and Aishihik First Nations
      27,523,936

Dawson First Nation
      21,811,002

Kluane First Nation
      10,016,557

Kwanlin Dun First Nation
      21,396,353

Liard First Nation
      24,598,361

Little Salmon/Carmacks First Nation
      15,568,239

First Nation of Vuntut Gwitchin
      14,554,654

Ross River Dena Council
      14,347,330

Selkirk First Nation
      16,604,860

Ta'an Kwach'an Council
      12,274,087

Teslin Tlingit Council
      18,655,066

Vuntut Gwitchin First Nation
      19,161,859

White River First Nation
       8,473,143

1989 Aggregate Value
$242,673,000

SCHEDULE B
PRELIMINARY SCHEDULE OF PAYMENTS

Date Payments
On the date of signing the Agreement $2,402,204
On the first anniversary of the date of
signing the Agreement
$2,402,204
On the second anniversary of the date of
signing the Agreement
$2,402,204
On the third anniversary of the date of
signing the Agreement
$2,402,204
On the fourth anniversary of the date of
signing the Agreement
$2,402,204
On the fifth anniversary of the date of
signing the Agreement
$2,402,204
On the sixth anniversary of the date of
signing the Agreement
$2,402,204
On the seventh anniversary of the date of
signing the Agreement
$2,402,204
On the eighth anniversary of the date of
signing the Agreement
$2,402,204
On the ninth anniversary of the date of
signing the Agreement
$2,402,204
On the tenth anniversary of the date of
signing the Agreement
$2,402,204
On the eleventh anniversary of the date of
signing the Agreement
$2,402,204
On the twelfth anniversary of the date of
signing the Agreement
$2,402,204
On the thirteenth anniversary of the date of
signing the Agreement
$2,402,204
On the fourteenth anniversary of the date of signing the Agreement $2,402,204


SCHEDULE C
REPAYMENT OF LOAN AMOUNTS

Payments   Date
First Payment* $151,299 on the date of signing of the Agreement
Second Payment $302,599 on the first anniversary of the date of signing the Agreement
Third Payment $453,898 on the second anniversary of the date of signing the Agreement
Fourth Payment $605,198 on the third anniversary of the date of signing the Agreement
Fifth Payment $756,497 on the fourth anniversary of the date of signing the Agreement
Sixth Payment $756,497 on the fifth anniversary of the date of signing the Agreement
Seventh Payment $756,497 on the sixth anniversary of the date of signing the Agreement
Eighth Payment $756,497 on the seventh anniversary of the date of signing the Agreement
Ninth Payment $756,497 on the eighth anniversary of the date of signing the Agreement
Tenth Payment $756,497 on the ninth anniversary of the date of signing the Agreement
Eleventh Payment $756,497 on the tenth anniversary of the date of signing the Agreement
Twelfth Payment $605,198 on the eleventh anniversary of the date of signing the Agreement
Thirteenth Payment $453,898 on the twelfth anniversary of the date of signing the Agreement
Fourteenth Payment $302,599 on the thirteenth anniversary of the date of signing the Agreement
Fifteenth Payment $151,299 on the fourteenth anniversary of the date of signing the Agreement

* The first payment of this loan repayment schedule shall be made on the Effective Date and the amount of the payment shall be adjusted from the date of signing of the Agreement to the Effective Date using an interest rate of 6% per annum, compounded annually.

 




Chapter 20 - Taxation

20.1.0 Definitions

In this chapter, the following definitions shall apply.

"Income Tax Act" means the federal Income Tax Act, S.C. 1970-71-72, c. 63 and the Income Tax Act, R.S.Y. 1986, c. 90, except as provided in 20.2.1, 20.4.11 and 20.4.18, 20.4.21, 7 of Schedule A and 1 of Schedule B.

"Minister" means the Minister of National Revenue or the Minister's delegate.

20.2.0 General

20.2.1
Words and phrases used in this chapter shall be deemed to have the same meaning as in the federal Income Tax Act, S.C. 1970-71-72, c. 63.

20.2.2
Unless otherwise provided herein, the provisions of the Income Tax Act shall apply to the provisions of this chapter with such modifications as the circumstances require.

20.2.3
Unless otherwise provided herein, no provision in this chapter shall be construed to limit the application of the Income Tax Act.

20.2.4
The Income Tax Act shall be amended as required to provide for the implementation and enforcement of the provisions of this chapter.

20.3.0 Instalments of Compensation and Other Payments

20.3.1
There shall be no federal, territorial or municipal tax or other similar charges exigible in respect of, or reduction to the capital cost or adjusted cost base of property acquired as a result of, the receipt by a Yukon First Nation, or the receipt by a Settlement Corporation that may be reasonably considered to be such a receipt, of the following amounts:

20.3.1.1
any payments made pursuant to 19.3.0 and 19.4.0;

20.3.1.2
any payments for property tax assistance made pursuant to 20.7.0;

20.3.1.3
any payments made pursuant to 20.6.5 and 20.6.6; and

20.3.1.4
any loan against the Adjusted Final Share described in 19.6.0.

20.3.2
Except as provided in 20.4.11 to 20.4.17 inclusive, there shall be no federal, territorial or municipal tax or other similar charges exigible from a Settlement Corporation.

20.3.3
Any income earned on an amount described in 20.3.1 received by a Person other than a Settlement Corporation shall be subject to federal, territorial or municipal tax or other similar charges as exigible under Laws of General Application.

20.4.0 Settlement Corporations

20.4.1
Each Yukon First Nation, alone or together with one or more other Yukon First Nations may create one or more Settlement Corporations, the main purpose of which shall be to carry out permitted activities and make permitted investments in accordance with this chapter, on condition that the Yukon First Nation complies with notification requirements set out from time to time by the Minister.

Description

20.4.2
A Settlement Corporation shall be a corporation without share capital, shall have a fiduciary obligation towards each member of the Yukon First Nation or Nations for which it was created, and shall be created and operated such that all or substantially all of its activities are for the general benefit of its members.

20.4.3
No contributions shall be made to a Settlement Corporation other than contributions made by:

20.4.3.1
a Yukon First Nation for which the Settlement Corporation was created; and 20.4.3.2
another Settlement Corporation created for the Yukon First Nation.

20.4.4
The aggregate amount of property contributed by a Yukon First Nation to one or more Settlement Corporations shall not exceed the sum of the payments received by the Yukon First Nation as described in 20.3.1.1 and shall be contributed to the Settlement Corporations no later than five years after receipt of the last payment referred to in 20.3.1.1 by the Yukon First Nation.

Disbursement Requirements

20.4.5
A Settlement Corporation shall be subject to the disbursement rules, including the disbursement excess rules, applicable to public foundations under the Income Tax Act with such modifications as are required. Such rules shall not apply to a Settlement Corporation or its disbursements during the 15 years commencing on the date of payment by Canada of the first payment referred to in 19.3.0 to any of the Yukon First Nations for which that Settlement Corporation was created.

20.4.6
For the purposes of 20.4.5, the amount of any transfer or loan by a Settlement Corporation on activities permitted under Schedule A - Permitted Activities for Settlement Corporations attached to this chapter shall be considered to be a gift made to a qualified donee.

Qualified Investments

20.4.7
Subject to 20.4.8 and 20.4.9, a Settlement Corporation shall restrict its investments to those:

20.4.7.1
made in the course of carrying on the activities permitted in Schedule A - Permitted Activities for Settlement Corporations attached to this chapter; or

20.4.7.2
described in Schedule B - Qualified Investments attached to this chapter, as that Schedule is amended from time to time by agreement among the Yukon First Nation, the Minister of Finance of Canada and the Yukon.

20.4.8
Notwithstanding 20.4.9, no Settlement Corporation, either alone or as part of a group that includes another Settlement Corporation or a Yukon First Nation, shall control directly or indirectly, in any manner whatever, a corporation or other entity which carries on a business or whose primary activity is the making of investments, except to realize on a security held by the Settlement Corporation, in which case its controlling interest shall be disposed of within a reasonable period not to exceed two years.

20.4.9
A Settlement Corporation shall not invest in a partnership or a trust other than a small business investment limited partnership, a small business investment trust or a trust that is described in Schedule B - Qualified Investments attached to this chapter.

20.4.10
A Settlement Corporation may borrow money from time to time to finance the acquisition of qualified investments or otherwise to enable it to carry out its operations and may repay the borrowed money and interest thereon.

Taxation of Settlement Corporations

20.4.11
In addition to 20.4.17, a Settlement Corporation shall be liable to pay the tax under Part XI of the federal Income Tax Act, S.C. 1970-71-72, c. 63 as if that Part were stated to be specifically applicable to Settlement Corporations.

20.4.12
For the purposes of the Income Tax Act, the taxable income of a Settlement Corporation for a taxation year shall be deemed to be an amount equal to the aggregate of the following amounts:

20.4.12.1
the amount of any income derived during the year by the Settlement Corporation from property, including any gain from the disposition of the property, other than property that is a qualified investment described in Schedule B - Qualified Investments attached to this chapter or that is acquired in the course of a carrying on a permitted activity under Schedule A - Permitted Activities for Settlement Corporations attached to this chapter;

20.4.12.2
any amounts contributed or otherwise paid to the Settlement Corporation during that year, other than amounts,

(a) received from a Yukon First Nation or another Settlement Corporation as described in 20.3.1 and that are within the limitations contained in 20.4.3, or

(b) included in computing taxable income for the year under 20.4.12.1 or 20.4.12.3; and

20.4.12.3
any amounts described in 20.4.13, 20.4.14, 20.4.19 and 20.4.22.

20.4.13
For the purposes of 20.4.12, if a Settlement Corporation makes a transfer or loan as part of an activity that is not permitted by Schedule A - Permitted Activities for Settlement Corporations attached to this chapter and such transfer or loan is made after the time referred to in 20.4.16, an amount equal to the amount of the transfer or the loan, divided by (1-A), shall be an amount referred to in 20.4.12.3 for the taxation year in which the loan or the transfer was made, where A is the aggregate of the federal and the Yukon tax rates applicable to public Corporations for that year before deducting the Yukon territorial abatement and including any surtaxes.

20.4.14
For the purposes of 20.4.12, if any time before the time referred to in 20.4.16, a Settlement Corporation makes a transfer or loan as part of an activity that is not permitted by Schedule A - Permitted Activities for Settlement Corporations attached to this chapter, where the Minister is satisfied having regard to all the circumstances that the Settlement Corporation did not take reasonable steps to correct the situation within the six-month period from receipt of written notice from the Minister of the non-permitted activity, the amount of the transfer or loan shall be an amount referred to in 20.4.12.3 in the taxation year of the Settlement Corporation in which the six-month period ends.

20.4.15
Where an activity referred to in 20.4.14 cannot, in the opinion of the Minister, be corrected, the Minister may waive the necessity of correction. 20.4.16 The time referred to in 20.4.13 or 20.4.14 shall be the later of five years after the date of signature of the Yukon First Nation Final Agreement of the Yukon First Nation for which it was created or the Yukon First Nation that made the first contribution to the Settlement Corporation, if created for more than one Yukon First Nation (in 20.4.16 the "relevant Yukon First Nation") and the time of receipt at which the sum of the payments received by the relevant Yukon First Nation equals at least one-third of the sum of the payments which it is entitled to receive pursuant to 19.3.0 and 19.4.0.

20.4.17
The tax payable for a taxation year by a Settlement Corporation upon its taxable income deemed by 20.4.12 shall be that percentage of its taxable income that is the maximum federal and Yukon territorial tax rate applicable to a public corporation for the year, plus any surtaxes to which public corporations may be liable for the year, and shall be determined without any deduction.

Revocation of Settlement Corporation Status

20.4.18
Where the Minister is of the opinion that a Settlement Corporation has failed to comply with any provision in this chapter, the Minister may notify the Settlement Corporation in writing and if the Settlement Corporation does not address the default to the satisfaction of the Minister within 100 days after the registered mailing of such notice, the Minister may revoke the status of the corporation as a Settlement Corporation subject to the same right of appeal as that applicable in respect of a revocation of the registration of a registered charity as set out in the federal Income Tax Act, S.C. 1970-71-72, c. 63.

20.4.19
If the Minister revokes the status of a Settlement Corporation, the taxation year of the Settlement Corporation that would otherwise have included the time of revocation shall be deemed to end immediately before that time and the Settlement Corporation shall be deemed to have disposed of all its assets immediately before the time that is immediately before that time for proceeds of disposition equal to the fair market value thereof at that time and to have reacquired such assets at that time at a cost equal to such fair market value and, for the purposes of 20.4.12, an amount equal to the amount by which such fair market value exceeds the aggregate of:

20.4.19.1
amounts that may reasonably be considered to have been otherwise included in computing the taxable income of the Settlement Corporation in a taxation year under 20.4.12; and

20.4.19.2
amounts that may reasonably be considered to be a portion of the total amount of the payments to the relevant Yukon First Nation described in 20.3.1.1 that have been contributed to the Settlement Corporation by a Yukon First Nation or is deemed to be so contributed by virtue of 20.4.24, shall be an amount deemed to be an amount referred to in 20.4.12.3 for the year.

20.4.20
For the purposes of 20.4.18, the distribution of any amount that may reasonably be considered to be payments referred to in 20.3.1 by a Settlement Corporation to Yukon Indian People shall not be considered as a cause for the revocation of the status of a Settlement Corporation.

20.4.21
Where a Settlement Corporation (in 20.4.21, the "transferor") has made a transfer or loan of any of its property, directly or indirectly or by means of a trust or by any other means whatever, to one or more Settlement Corporations or any other Person or partnership (in 20.4.21, the "transferee") and the Minister in the circumstances is satisfied that the main reason for the transfer or loan, but for this provision, is to avoid the payment of tax under 20.4.11 to 20.4.17, the transferor and the transferee shall be subject to the rules in section 160 of the federal Income Tax Act, S.C. 1970-71-72, c. 63 with such modifications as are required, provided that the Minister gives notice to the transferor and the transferee of the Minister's intention to apply this provision to a particular loan or transfer within two years of the end of the taxation year in which the particular transfer or loan was made.

Winding-Up

20.4.22
Where a Settlement Corporation commences to be wound-up or liquidated or commences proceedings to be granted articles of continuance or similar corporate constitutional documents in a jurisdiction outside Canada, the taxation year of the Settlement Corporation that would otherwise have included the time of such commencement shall be deemed to end immediately before that time and the Settlement Corporation shall be deemed to have disposed of all its assets immediately before the time that is immediately before that time for proceeds of disposition equal to the fair market value thereof at that time and to have reacquired such assets immediately after the time at a cost equal to such fair market value and, for the purposes of 20.4.12, an amount equal to the amount by which such fair market value exceeds the aggregate of:

20.4.22.1
amounts that may reasonably be considered to have been otherwise included in computing the taxable income of the Settlement Corporation in a taxation year under 20.4.12;

20.4.22.2
amounts that may reasonably be considered to be a portion of the total amount of the payments to the relevant Yukon First Nation described in 20.3.1.1 that have been contributed to the Settlement Corporation by a Yukon First Nation or are deemed to be so contributed by virtue of 20.4.24; and

20.4.22.3
amounts paid or transferred on activities permitted under Schedule A - Permitted Activities for Settlement Corporations attached to this chapter by the Settlement Corporation within 24 months of the end of the year, shall be deemed to be an amount that is referred to in 20.4.12.3 for the year.

Taxation of Yukon Indian People or Yukon Indian Organizations

20.4.23
There shall be no federal, territorial or municipal tax or other similar charge payable by a Yukon Indian Person, a Yukon First Nation, or any corporation or entity controlled, directly or indirectly in any manner whatever, by one or more Yukon Indian People or Yukon First Nations (collectively the recipient), on amounts disbursed or distributed to a recipient in accordance with Schedule A - Permitted Activities for Settlement Corporations attached to this chapter, except for 11 and 12(e) of that Schedule, other than amounts disbursed or distributed to a recipient as consideration for value provided to the Settlement Corporation by that recipient.

20.4.24
For the purposes of this chapter, where a particular property is contributed by one Settlement Corporation (the "transferor" in 20.4.24) to one or more Settlement Corporations (the "transferee" in 20.4.24) the transferor and the transferee shall each file a copy of a joint designation with their tax returns for the year of the transfer designating an amount, if any, in respect of the property so transferred. After the time of the transfer, in applying the provisions of this chapter including, without limiting 20.4.24 to the transferor or any transferee, the designated amount shall be deemed to be a contribution received by the transferee from a Yukon First Nation and shall reduce the amount that would otherwise be the amount of contributions received by the transferor from the Yukon First Nation, provided that the designated amount shall not exceed:

20.4.24.1
the amount of contributions received by the transferor at any time before the transfer of the particular property from the Yukon First Nation; and 20.4.24.2 the amount of any deemed contributions received by the transferor from the Yukon First Nation by virtue of 20.4.24.

20.5.0 Acquisition and Disposition of Real Property

20.5.1
The cost of acquisition to a Yukon Indian Person or to a Yukon First Nation of any real property, including Settlement Land, other than depreciable property, transferred to it by Canada pursuant to a Settlement Agreement shall, for the purposes of the Income Tax Act, be deemed to be an amount equal to the fair market value thereof at the earlier of the time at which title to such land or property or both is registered in the name of the Yukon Indian Person or the Yukon First Nation and the time at which any right or interest in such property is acquired by the Yukon Indian Person or Yukon First Nation.

20.5.2
Where any real property, including Settlement Land, acquired under the Settlement Agreement, other than depreciable property, is disposed of by a Yukon First Nation (in 20.5.2, the "transferor"):

20.5.2.1
to a Yukon Indian Person (in 20.5.2 the "transferee"), and such real property has not previously been disposed of by any organization to another Yukon Indian Person; or

20.5.2.2
within 10 years of the transfer of Settlement Land to the Yukon First Nation, to another Yukon First Nation (the transferee),

the real property shall, for the purposes of the Income Tax Act, be deemed to have been disposed of by the transferor for proceeds of disposition equal to the greater of the amount that would otherwise be the proceeds of disposition and the adjusted cost base to the transferor of the real property at that time and to have been acquired by the transferee at a cost equal to the amount at which it was deemed to have been disposed.

Depreciable Property

20.5.3
The rules of 20.5.2 shall apply to depreciable property with such modifications as the circumstances require.

20.5.4
In the event that Yukon First Nations have income from, or proceeds from the disposition of, any Canadian resource property relating to Settlement Land, an amount of such income or proceeds equal to the amount if any, by which $20 million exceeds the aggregate of amounts of such income or proceeds previously received by any Yukon First Nation, shall be exempt from all federal, territorial or municipal tax or other similar charge or levy. Taxes on Transfer of Settlement Land

20.5.5
No federal, territorial or local government tax, or other similar charges shall be payable in respect of the transfer or registration of the initial title to Fee Simple Settlement Land and the title to the Mines and Minerals of Category A Settlement Land.

20.5.6
Registration pursuant to the Land Titles Act, R.S.C. 1985, c. L-5, of the initial title of Category A and Category B Settlement Land and subsequent registrations of all Settlement Land shall be subject to the schedule of fees or taxes under such Act.

20.6.0 Taxation Principles

20.6.1
As of the third anniversary of the effective date of Settlement Legislation, section 87 of the Indian Act, R.S.C. 1985, c. I-5, shall not apply to:

20.6.1.1
the interest in a Reserve or surrendered land in the Yukon of any Indian, Yukon First Nation or Band;

20.6.1.2
the personal property situated on a Reserve in the Yukon of any Indian, Yukon First Nation or Band; and

20.6.1.3
the personal property situated on a Reserve outside the Yukon of a Yukon First Nation or a Yukon Indian Person resident in the Yukon, and the residency shall be defined in the regulations established pursuant to 20.6.3.

20.6.2
For all purposes of section 87 of the Indian Act, R.S.C. 1985, c. I-5, all settlement benefits and proceeds arising from the use and disposition of settlement benefits and any income of a Yukon Indian Person or a Yukon First Nation attributable directly or indirectly thereto shall be deemed not to be situated on a Reserve.

20.6.3
Settlement Legislation shall provide that Government, after Consultation with the Council for Yukon Indians, may make such amendments to statutes or regulations as are necessary for the purpose of giving effect to and enforcing provisions of 20.6.1 and 20.6.2.

20.6.4
The provisions of 20.6.0 shall not be construed to affect the authority of Parliament to amend or repeal section 87 of the Indian Act, R.S.C. 1985, c. I-5.

20.6.5
In 20.6.5, the Adjusted Value means the greater of the amount calculated in (a) or (b) multiplied by the value of the Final Domestic Demand Implicit Price Index for the latest quarter prior to the third anniversary of the effective date of Settlement Legislation and divided by the value of the Final Domestic Demand Implicit Price Index for the second quarter of 1990:

(a) $12.6 million multiplied by 1.03,

(b) $12.6 million multiplied by the value of the Final Domestic Demand Implicit Price Index for the second quarter of 1990 and divided by the value of the Final Domestic Demand Implicit Price Index for the third quarter of 1989.

20.6.5.1
As soon as practicable after the third anniversary of the effective date of Settlement Legislation, Canada shall pay to each Yukon First Nation its share of the Adjusted Value prorated on the same basis as in Schedule A - Apportionment of the 1989 Aggregate Value attached to Chapter 19 - Financial Compensation.

20.6.6
In 20.6.6, the Adjusted Value means the greater of the amount calculated in (a) or (b) multiplied by the value of the Final Domestic Demand Implicit Price Index for the latest quarter prior to the third anniversary of the effective date of Settlement Legislation and divided by the value of the Final Domestic Demand Implicit Price Index for the second quarter of 1990:

(a) $13.97 million multiplied by 1.03,

(b) $13.97 million multiplied by the value of the Final Domestic Demand Implicit Price Index for the second quarter of 1990 and divided by the value of the Final Domestic Implicit Price Index for the third quarter of 1989.

20.6.6.1
Upon the third anniversary of the effective date of Settlement Legislation, each Yukon First Nation shall be entitled to its share of the Adjusted Value as established pursuant to 20.6.7.

20.6.6.2
Canada shall make its annual payment in accordance with a schedule of payments to be calculated by Canada as follows,

(a) the schedule shall consist of 10 consecutive equal annual payments which shall have a present value on the third anniversary of the effective date of Settlement Legislation equal to each Yukon First Nation's share of the Adjusted Value as determined pursuant to 20.6.6.1,

(b) the first payment shall be on the third anniversary of the effective date of Settlement Legislation,

(c) following the first payment, there shall be nine consecutive equal annual payments on the anniversary date of the effective date of Settlement Legislation, and

(d) for purposes of computing the present value of the payments in the schedule, the discount rate shall be the nine-year amortized Consolidated Revenue Fund Lending Rate for the month prior to the third anniversary of the effective date of Settlement Legislation.

20.6.6.3
Canada shall make the first payment to each Yukon First Nation as soon as practicable after the third anniversary of the effective date of Settlement Legislation. The amount of the first payment shall be as established in 20.6.6.2 adjusted from the third anniversary of the effective date of Settlement Legislation to the date of payment by using the rate described in 20.6.6.2 (d), compounded annually.

20.6.7
The Council for Yukon Indians and the Yukon First Nations have agreed that the annual amount described in 20.6.6.2 is to be allocated among the Yukon First Nations on the same basis as the apportionment of the 1989 Aggregate Value described in Schedule A - Apportionment of the 1989 Aggregate Value attached to Chapter 19 - Financial Compensation.

20.6.8
The moratorium on collection of taxes shall be rescinded on the third anniversary of the effective date of Settlement Legislation.

20.6.9
There shall be remission orders sponsored by the Minister of Indian Affairs and Northern Development and by the Yukon eliminating liability for all taxes not collected under the moratorium on collection of taxes, on the third anniversary of the effective date of Settlement Legislation.

20.7.0 Property Tax Assistance

20.7.1
During a 10-year transitional period beginning with the year following the year in which a Yukon First Nation Final Agreement is signed, Canada shall assist that Yukon First Nation with the payment of Property Taxes on any Settlement Land of that Yukon First Nation that are subject to Property Taxes while owned by that Yukon First Nation, net of any homeowner's grants. The assistance shall be 100 percent in year one, decreasing by 10 percentage points per year, to 10 percent in year 10. During such time, Canada shall have the same rights in respect of any assessment of taxes as a property owner.

20.8.0 Administration and Enforcement

Responsible Department

20.8.1
The Minister shall be responsible for the administration and enforcement of the provisions of this chapter that relate to income taxation and to that end the Minister may seek the advice of the Minister of Indian Affairs and Northern Development and the Office of Superintendent of Financial Institutions with respect to any matter arising out of these provisions.

Report

20.8.2
Every Settlement Corporation shall produce every year a report in a form acceptable to the Minister from a public accountant who has audited the Settlement Corporation providing the Minister with the information required to administer the provisions of this chapter.

SCHEDULE A
PERMITTED ACTIVITIES FOR SETTLEMENT CORPORATIONS

1.
For the purposes of this schedule a low income person is a person whose total family income is less than 75 percent of the average of all households in the Yukon as published in the last available Statistics Canada Census publication. Program Funding and Administration

2.
Supplementing existing federally or territorially funded programs relating to child care, adoption, alcohol and drug abuse, hospital construction or upgrading, medical, dental and mental health care, justice and similar programs and initiating, funding and administering new programs in those areas.

Housing and Municipal and Local Taxes Assistance

3.
Funding or providing:

a) low interest or no interest mortgages or other loans to low income people to enable them to acquire freehold or leasehold interests in residential properties in the Yukon;

b) grants or forgivable loans to low income people to enable them to make down payments on conventional purchases of residential properties in the Yukon;

c) funds for the construction, operation and administration of subsidized cooperative or communal housing for low income people in the Yukon;

d) funds for the renovation or repair of residential properties owned or leased by low income people in the Yukon; and

e) financial assistance to low income people to enable them to pay municipal or other local taxes on improved Settlement Land.

Municipal Services Upgrading

4.
Funding and administering municipal services and utilities upgrading programs for the benefit of Yukon Indian People.

Yukon First Nation Assistance

5.
Funding to Yukon First Nations for reasonable management and personnel costs. Education and Training

6.
Funding and providing:

a) courses for non-native and native teachers and other instructors to enable them to conduct courses in native culture, language and similar areas;

b) training for Yukon Indian elders to enable them to participate in the delivery of native culture and language instructional programs;

c) native studies, culture and language programs for "school age" and adult people;

d) scholarships and reimbursement of other expenses for juvenile and adult Yukon Indian People to enable them to attend conventional educational institutions within and outside the Yukon;

e) vocational training and similar programs and facilities for youth and adults within and outside the Yukon;

f) native language and cultural education teaching and research programs; and

g) training for justices of the peace and other persons employed in connection with the implementation of an Indian justice program.

Economic Development

7.
Providing loans at a rate of interest not to exceed the prescribed rate in effect at the time of the making of the loan for the purpose of computing employee benefits from low interest loans, under the federal Income Tax Act, S.C. 1970-71-72, c. 63, loan guarantees or minority equity investment to Persons or entities, other than a corporation which is controlled, directly or indirectly, by one or more Settlement Corporations, engaged in the promotion of economic development opportunities for Yukon Indian People within the Yukon provided that:

a) the Persons or entities are unable to borrow at normal commercial rates from ordinary commercial lenders or government financial programs without guarantees provided by the Settlement Corporation; and

b) the Settlement Corporation may not acquire a controlling equity interest in an entity except by way of realization of its security in which case its controlling interest in the entity shall be disposed of within a reasonable period, not to exceed two years, of its acquisition.

Commercial Fishing

8.
Providing loans or equity to Persons or entities for the creation and operation of fish enhancement programs and a fishing enterprise for the benefit of Yukon Indian People provided that such loans meet the requirements set out in Article 7 of this Schedule.

Traditional Harvesting and Cultural Activities

9.
Providing loans or equity to Persons or entities for traditional harvesting and cultural activities including manufacture of handicrafts, arts and crafts, hunting, fishing and trapping and like pursuits provided that:

a) the Person or entities are unable to borrow at normal commercial rates from ordinary commercial lenders without guarantees provided by the Settlement Corporation;

b) the Settlement Corporation may not acquire a controlling equity interest in any entity except by way of realization of its security in which case its controlling interest in the entity shall be disposed of within one year of its acquisition; and

c) the Settlement Corporation does not contract to receive a rate of return on any such loan greater than the normal commercial rate of return for similar investments.

Recreational Lands and Facilities

10.
Funding and administering parks and other recreational facilities such as skating rinks, arenas, libraries, assembly halls and similar municipal facilities that are not for commercial use.

Elders Assistance Program

11.
Providing funding to confer benefits on Yukon Indian People who are at least 65 years of age at the Effective Date of the Yukon First Nation Final Agreement or who turn 65 within the five years following the Effective Date of the Yukon First Nation Final Agreement, provided such benefits do not exceed $3000 per individual per year in 1988 dollars indexed in the same manner as Canada old age security.

Other Permitted Costs and Disbursements by a Settlement Corporation

12.

a) settlement costs;

b) costs to implement the Settlement Agreements;

c) payment of reasonable administrative costs not to exceed five percent of the assets of the Settlement Corporation annually for the first five years after the effective date of Settlement Legislation and three percent per year thereafter;

d) transfers to other Settlement Corporations or to registered charities;

e) transfers to a low income Yukon Indian Person; and

f) within the first 15 years of a Yukon First Nation Final Agreement, capital distributions to Yukon Indian People not exceeding a total of $3,000 per person in 1988 dollars to be indexed by the Consumer Price Index.

13.
A Settlement Corporation may borrow money from time to time to carry out activities under this Schedule and may repay the borrowed money and interest thereon.

SCHEDULE B

QUALIFIED INVESTMENTS

1.
Qualified investments for a trust governed by a Registered Retirement Savings Plan within the meaning of section 146 (1)(g) of the federal Income Tax Act, S.C. 1970-71-72, c. 63.