ARCHIVED - Yukon Northern Affairs Program Devolution Transfer Agreement

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Author: Minister of Public Works and Government Services Canada 
Date: 2001 
ISBN: 0-662-31258-9
QS-8611-00-EE-A1

PDF Version   (1.36 Mb, 228 Pages)



Table of Contents


Preamble

Whereas the negotiation of this Agreement was guided by the principles established in the Devolution Protocol Accord of September 23, 1998 signed by Canada, the YTG, the Council of Yukon First Nations, on behalf of its members, the Kwanlin Dun First Nation, the Liard First Nation, and the Kaska Tribal Council, on behalf of the Ross River Dena Council and the Kaska Dena Council;

And Whereas the Crown and the aboriginal peoples of Canada are in a fiduciary relationship;

Now Therefore, in consideration of the terms, exchanges of promises, conditions and provisos contained herein, the Parties agree as follows:

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Definitions

Unless otherwise provided in this Agreement,

Abandoned Site: means

(a) any site listed in Sections C (Sites Requiring Assessment) or D (Sites Requiring Remediation) of the Final Inventory of Sites;
(b) any Newly-Discovered Site or Type II Site in respect of which there is no Operator; or
(c) any Newly-Discovered Site or Type II Site which Canada, the YTG and any Affected First Nation agree is an Abandoned Site pursuant to 6.68.

Active Site: means any site, located either on Settlement Land subject to an Encumbering Right or on Public Land, in respect of which there is an Operator in relation to any agreement for sale, lease, licence, permit or other authorization, right or interest issued, granted or otherwise secured under the Territorial Lands Act (Canada), the Yukon Placer Mining Act (Canada), the Yukon Quartz Mining Act (Canada) or the Yukon Waters Act (Canada).

Affected First Nation: means

(a) in relation to a Type II Site, any First Nation listed as an Affected First Nation in Section F of Appendix H (Inventory of Sites) in relation to that site; or
(b) in relation to any other site,
  (i) any First Nation having a Settlement Agreement whose Settlement Land or rights under a Settlement Agreement may be affected by any Impact at the site;
  (ii) any First Nation without a Settlement Agreement whose land selections in the Yukon, as agreed to by all parties to a land claims negotiation and as described in withdrawal and prohibition orders which are in effect or have been initiated, may be affected by any Impact at the site;
  (iii) any First Nation without a Settlement Agreement whose aboriginal rights, title or interests may be affected by any Impact at the site; or
  (iv) any First Nation that Canada, the YTG and that First Nation agree to be an Affected First Nation in relation to the site.

Agreement: means this Yukon Northern Affairs Program Devolution Transfer Agreement and, unless otherwise provided in this Agreement, includes its appendices.

Appointed NAP Indeterminate Employee: means a NAP Indeterminate Employee who accepts, in accordance with 3.5, the YTG written offer of employment referred to in 3.4.

Appointed NAP Seasonal Indeterminate Employee: means an Appointed NAP Indeterminate Employee who had seasonal employment status immediately prior to the Effective Date.

Aspect: means any component of a site, including any construction, work or substance added to or deposited on a site and any alteration of the natural condition of a site, resulting from authorized or unauthorized human activities.

Base Federal Salary: means the salary, including any supervisory differential and any salary equalization adjustments, paid by Canada to a NAP Indeterminate Employee at that employee's substantive level of appointment, as defined in the Terms and Conditions of Employment Policy (Canada), and as set out in collective agreements between the Treasury Board of Canada and federal public service sector unions, or, for an unrepresented or executive NAP Indeterminate Employee, means the salary paid by Canada to that employee at that employee's substantive level of appointment, as defined in the Terms and Conditions of Employment Policy (Canada), and as determined by the Treasury Board of Canada.

Business Day: means any day from Monday to Friday inclusive, except for any day that is a statutory holiday in the place of receipt of a notice or communication.

CCME Guidelines: means the Canadian Environmental Quality Guidelines, Canadian Council of Ministers of the Environment, 1999, or any other guidelines developed and approved from time to time by the Canadian Council of Ministers of the Environment.

Canada-Yukon Claims Implementation Agreement: means the Bilateral Agreement respecting the Implementation of the Umbrella Final Agreement, the Yukon First Nation Final Agreements and the Yukon First Nation Self-Government Agreements between Canada and the YTG signed on June 24, 1993, as it may be amended from time to time.

Commissioner's Land: means land under the administration and control of the Commissioner of Yukon immediately prior to the Effective Date.

Consult or Consultation: means

(a) to provide to the party to be consulted a notice at least twenty-eight (28) days in advance of a decision on a matter, in sufficient form and detail to allow that party to present its views on the matter; and
(b) full and fair consideration of any views presented by the party consulted in advance of a decision on a matter.

Contained Site: means any site listed in Section G (Contained Sites) of the Final Inventory of Sites or any site at which any Impact has been Remediated by its containment.

Contaminant: means a substance in an amount, concentration or level exceeding the amount, concentration or level prescribed for that substance pursuant to the Environment Act (Yukon).

Development Assessment Legislation: means legislation enacted to implement the development assessment process set out in Chapter 12 of the Umbrella Final Agreement.

DIAND: means the Department of Indian Affairs and Northern Development.

Effective Date: means the date upon which the legislation repealing and replacing the Yukon Act (Canada) in accordance with 2.1(a) comes into effect.

Encumbering Right: means every license, permit or other right, and every right, title or interest described in section 5.4.2 of the Umbrella Final Agreement that was issued, granted or otherwise secured under the Territorial Lands Act (Canada), the Yukon Placer Mining Act (Canada), the Yukon Quartz Mining Act (Canada) or the Yukon Waters Act (Canada).

Entry Year: means the fiscal year of the Effective Date.

Existing Federal Right: means

(a) any agreement for sale, lease, licence, permit, claim or other authorization, right or interest in effect immediately prior to the Effective Date in relation to Public Land that was issued, granted or otherwise secured under the Territorial Lands Act (Canada), the Yukon Placer Mining Act (Canada) or the Yukon Quartz Mining Act (Canada);
(b) any licence or other right in relation to Waters in effect immediately prior to the Effective Date that was issued, granted or otherwise secured under the Yukon Waters Act (Canada);
(c) any renewal after the Effective Date of a claim in effect immediately prior to the Effective Date that was granted pursuant to the Yukon Placer Mining Act (Canada) or the Yukon Quartz Mining Act (Canada);

but does not include:

(e) an "existing federal interest" as defined in the Canada-Yukon Oil and Gas Accord Implementation Act (Canada) on the date this Agreement is signed; and
(f) subject to (d), any renewal after the Effective Date of a right, interest or other authorization referred to in (a), (b) or (c).

Federal Agent Corporation: means an "agent corporation" as defined in subsection 83(1) of the Financial Administration Act (Canada).

Federal Department: means

(a) a department named in Schedule I to the Financial Administration Act (Canada);
(b) a division or branch of the public service of Canada named in Schedule I.1 to that Act; or
(c) a departmental corporation as defined in section 2 of that Act.

Final Inventory of Sites: means the final inventory of sites provided pursuant to 6.15.

Fire Pre-Suppression: means all fire management activities in advance of fire occurrence concerned with the organization, training and management of a fire fighting force and the procurement, maintenance and inspection of improvements, equipment and supplies to ensure effective Fire Suppression.

Fire Suppression: means all activities concerned with controlling and extinguishing a wildfire following its detection.

First Nation: means any Yukon First Nation or any aboriginal group with a Transboundary Agreement or transboundary land claim into the Yukon.

Forest Resources: means plant communities throughout the Yukon consisting predominantly of trees, bushes, shrubs and other woody vegetation, either growing or dead and includes fungi.

Forest Revenues: means revenues other than Reforestation Fees, derived by the YTG from:

(a) a specific tax imposed by the YTG on Forest Resources activities, which for greater certainty, does not include corporate income tax; and
(b) royalties, stumpage fees, licenses, rentals, or other fees or revenues from the exploitation of Forest Resources, which, for greater certainty, does not include any such revenues in respect of an Encumbering Right to be accounted for and paid by the YTG to a First Nation pursuant to the terms of a Settlement Agreement.

Formula Financing Agreement: means the agreement, including its appendix and annexes, between Canada and the YTG signed on April 27, 1999 and in effect from April 1, 1999 to March 31, 2004, or any successor agreement governing the financial arrangements between Canada and the YTG.

French Minority Population: means the estimated number of persons of the French linguistic minority population as determined on the basis of the 1991 census of population or the most recent decennial census of population for which results are published by Statistics Canada, under its method of estimating first official language spoken, described as Method I in Population Estimates by First Official Language Spoken, September 1989.

Future NAP-Related PSTA: means a programs and services transfer agreement concluded after the date this Agreement is signed pursuant to section 17 of a Self- Government Agreement, or pursuant to equivalent provisions of a future Self- Government Agreement, to the extent that it relates to any matters described in Appendix A of a NAP PSTA in respect of which responsibility is to be assumed by a Yukon First Nation.

GEB: means the "gross expenditure base" as described in the Formula Financing Agreement.

Impact: means a hazard to human health or the environment, or a safety hazard.

Inventory of Exclusions: means the final inventory of exclusions provided pursuant to 2.10.

Land Revenues: means revenues, other than Forest Revenues, Mineral Revenues and Reforestation Fees, derived by the YTG in respect of the use of or the sale or disposition of interests in Public Land other than staff housing transferred to the YTG as part of this Agreement, which for greater certainty, does not include corporate income tax and any such revenues in respect of an Encumbering Right to be accounted for and paid by the YTG to a First Nation pursuant to the terms of a Settlement Agreement.

Legislature: means, prior to the Effective Date, the Commissioner in Council and, after the Effective Date, the Legislature of Yukon.

Mineral Resources: means precious and base metals and other non-living, naturally occurring substances, whether solid, liquid or gaseous, including coal, and coal-bed methane but excluding "oil" and "gas" as defined in the Yukon Act (Canada) on the date this Agreement is signed.

Mineral Revenues: means revenues derived by the YTG from:

(a) a specific tax imposed by the YTG on the exploration, production and development of Mineral Resources, Mines and Minerals which, for greater certainty, does not include corporate income tax; and
(b) royalties, licenses, rentals or other fees related to the exploration, production and development of Mineral Resources, Mines and Minerals, which, for greater certainty, does not include any such revenues in respect of an Encumbering Right to be accounted for and paid by the YTG to a First Nation pursuant to the terms of a Settlement Agreement.

Minerals: means precious and base metals and other non-living, naturally occurring substances, whether solid, liquid or gaseous, and includes coal, and "specified substances" as defined in the Umbrella Final Agreement and Appendix C of the Gwich'in Comprehensive Land Claim Agreement, but excludes "oil" and "gas" as defined in the Yukon Act (Canada) on the date this Agreement is signed.

Mines: means mines, opened and unopened.

NAP: means the Northern Affairs Program of DIAND as it relates to the Yukon, including its programs and responsibilities as they exist immediately prior to the Effective Date, but excluding the NAP Waste Management Program.

NAP Indeterminate Employee: means an employee of NAP whose salary is paid through the funds referred to in 7.1 or 7.8 and in respect of whom Canada provides to the YTG the information referred to in 3.3.

NAP PSTA: means any one of the programs and services transfer agreements made on November 19, 1999 between Canada and:

(a) the Champagne and Aishihik First Nations;
(b) the Tr'ondëk Hwëch'in;
(c) the Little Salmon/Carmacks First Nation;
(d) the First Nation of Nacho Nyäk Dun;
(e) the Selkirk First Nation;
(f) the Teslin Tlingit Council; or
(g) the Vuntut Gwitchin First Nation.

NAP PSTA Fire Provisions: means NAP PSTA provisions 7.5 to 7.8 and 10.0, as the latter applies to 7.5 to 7.8, or any equivalent provisions of a Future NAP-Related PSTA made prior to the Effective Date.

NAP Term Employee: means a full-time or part-time employee of NAP who is appointed for a specified period of time and whose employment ceases at the expiration of that specified period.

NAP Waste Management Program: means the program established by DIAND to address safety hazards and hazards to human health and the environment in the Yukon and a successor program or programs, if any.

National Wildlife Area: means

(a) any land under the administration of the Minister of the Environment that is subject to measures imposed under the Canada Wildlife Act (Canada) for the conservation of wildlife; or
(b) any protection area for migratory birds prescribed under the Migratory Birds Convention Act, 1994 (Canada).

New Base Salary: means the sum of a NAP Indeterminate Employee's Base Federal Salary and the environmental allowance and cost of living allowance components of the federal isolated post allowance in effect at the date the offer of employment referred to in 3.4 is made, both calculated at the married rate.

New Contaminant: means a substance which is in an amount, concentration or level exceeding the amount, concentration or level prescribed for that substance pursuant to the Environment Act (Yukon), but does not include:

(a) those substances which are also identified in the CCME Guidelines at the Effective Date, regardless of the level or concentrations prescribed for that substance in the Guidelines; and
(b) those substances that are categorized, in accordance with subsection 73(1) of the Canadian Environmental Protection Act, 1999 (Canada),
  (i) as persistent or bioaccumulative, as defined in the Canadian Environmental Protection Act, 1999 (Canada), or
  (ii) as being inherently toxic to humans or to non-human organisms, as determined by laboratory or other studies.

Newly-Discovered Site: means any site located on Public Land or Settlement Land as defined in 6.1 that is not listed in the Final Inventory of Sites or in Sections E (Type I Sites) and F (Type II Sites) of Appendix H (Inventory of Sites), or any site that is considered a Newly-Discovered Site pursuant to 6.17.

Non-Archival Record: means any Record identified by the National Archives of Canada as having no enduring value for the purposes of the National Archives of Canada Act (Canada) and that is no longer required by Canada.

Non-Resource Revenues: means any revenues derived by the YTG through this Agreement as a result of the Commissioner of Yukon's administration and control of Public Land and rights in respect of Waters, other than Resource Revenues and Reforestation Fees.

Operator: means

(a) the holder of a lease, license, permit or other interest or authorization in respect of a site, other than a mineral claim and any interest therein;
(b) a federal or territorial department, agency or agent corporation for whom land at a site is reserved by entry into the YTG property records; or
(c) any other party legally responsible, otherwise than under this Agreement, for the care, maintenance or abandonment of a site.

PAGE: means the "annual population-adjusted gross expenditure escalator" as described in the Formula Financing Agreement.

Party: means a signatory to this Agreement or a First Nation that provides a notice in accordance with 8.3.

Public Land: means any land and any interest in any land in the Yukon that belongs to Her Majesty in Right of Canada, which, for greater certainty, includes:

(a) Forest Resources;
(b) Mineral Resources and the right to work them;
(c) Mineral Resources reserved from Commissioner's Land and the right to work them;
(d) Mines and Minerals and the Right to Work the Mines and Minerals reserved from Category B Settlement Land and Fee Simple Settlement Land pursuant to sections 5.4.1.2 and 5.4.1.3 of Yukon First Nations Final Agreements;
(e) Mines and Minerals and the Right to Work the Mines and Minerals reserved from Tetlit Gwich'in Yukon Land pursuant to section 3.1.3 of Appendix C of the Gwich'in Comprehensive Land Claim Agreement; and
(f) beds of bodies of water;

but which excludes Commissioner's Land and those lands and beds of bodies of water listed in the Inventory of Exclusions.

Record: includes correspondence, memoranda, electronic mail, books, plans, maps, drawings, diagrams, pictorial or graphic works, photographs, films, microfilms, sound recordings, videotapes, machine readable records, facsimiles, facsimile transmittal records, facsimile activity reports, published material and any other documentary material regardless of physical form or medium.

Record Copied: means a photocopy or other reproduction of a Record provided by Canada to the YTG pursuant to this Agreement, the original of which is retained by Canada.

Record Loaned: means a Record the custody of which is temporarily transferred from Canada to the YTG pursuant to this Agreement.

Record Retention and Disposition Schedule: means a schedule of time periods and methods of disposition established for the retention and disposition of Records.

Record Transferred: means a Record which is permanently transferred from Canada to the YTG pursuant to this Agreement.

Reforestation Fee: means the component of stumpage fees collected and set apart to be used for reforestation in the Yukon, and any other revenues which Canada and the YTG may agree to treat as a Reforestation Fee pursuant to 7.34.

Remediate or Remediation: means the prevention, minimization or mitigation of an Impact through the development and application of a planned approach to make improvements at a site in order to remove, destroy, contain or otherwise reduce availability of contaminants to receptors of concern, and to remove, destroy or contain safety hazards, which improvements may require monitoring and care and maintenance.

Remediated Site: means any site listed in Sections A (Remediated Sites) or G (Contained Sites) of the Final Inventory of Sites or any site in respect of which a notice is provided pursuant to 6.32(c) or (d).

Resource Revenues: means Forest Revenues, Mineral Revenues, Land Revenues and Water Revenues derived by the YTG through this Agreement as a result of the Commissioner's administration and control of Public Land and rights in respect of Waters.

Responsible Party: means the person who had possession, charge or control of a Contaminant or New Contaminant at the time of its release into the natural environment.

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

Self-Government Agreement: means a self-government agreement concluded among a Yukon First Nation, Canada and the YTG pursuant to that Yukon First Nation's Final Agreement.

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

Settlement Land: means any land, or any interest in land, located in the Yukon that belongs to a First Nation pursuant to a Settlement Agreement or a Self-Government Agreement.

Site not Requiring Remediation: means any site listed in Section B (Sites not Requiring Remediation) of the Final Inventory of Sites or any site in respect of which a notice is provided pursuant to 6.32(a).

Site Requiring Assessment: means any site listed in Section C (Sites Requiring Assessment) of the Final Inventory of Sites or any Newly-Discovered Site that is determined to be a Site Requiring Assessment pursuant to 6.24 or 6.28.

Site Requiring Remediation: means any site listed in Section D (Sites Requiring Remediation) of the Final Inventory of Sites or any site that is determined to be a Site Requiring Remediation pursuant to 6.18 or 6.38.1.

Total Population: means the estimated total population as determined by Statistics Canada on the basis of the 1991 census of population or the most recent decennial census of population for which results are published, excluding institutional residents, as defined in Population Estimates by First Official Language Spoken, September 1989.

Transboundary Agreement: means Appendix C of the Gwich'in Comprehensive Land Claim Agreement, the Inuvialuit Final Agreement or any land claims agreement with respect to any aboriginal land claims into the Yukon by the Kaska Dena Council, Tahltan Tribal Council and Taku River Tlingits of British Columbia or the Dene/Metis of the Northwest Territories.

Type I Site: means a site listed in Section E (Type I Sites) of Appendix H (Inventory of Sites).

Type II Site: means a site listed in Section F (Type II Sites) of Appendix H (Inventory of Sites).

Umbrella Final Agreement: means the agreement concluded among Canada, the YTG and the Council for Yukon Indians on May 29, 1993, as it may be amended from time to time.

Waters: means any inland waters on or below the surface of land in the Yukon, whether in a liquid or frozen state, other than waters in an existing national park, national park reserve or National Wildlife Area, or in any future national park, national park reserve or National Wildlife Area, as and when established.

Water Revenues: means revenues derived by the YTG from the sale or disposition of rights in respect of Waters, which, for greater certainty, does not include corporate income tax.

YTG Collective Agreement: means the Collective Agreement Between the Government of Yukon and the Public Service Alliance of Canada in effect at the Effective Date.

Yukon: means the Yukon Territory as defined in the Yukon Act (Canada).

Yukon First Nation: means any of Carcross/Tagish First Nation, Champagne and Aishihik First Nations, Tr'ondëk Hwëch'in, Kluane First Nation, Little Salmon/Carmacks First Nation, First Nation of Nacho Nyäk Dun, Selkirk First Nation, Ta'an Kwach'an Council, Teslin Tlingit Council, Vuntut Gwitchin First Nation, White River First Nation, Kwanlin Dun First Nation, Liard First Nation or Ross River Dena Council.

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

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Chapter 1 - General Provisions

 OBJECTIVE

1.1 The objective of the Parties in entering into this Agreement is to provide for the transfer from Canada to the YTG of the resources and responsibilities associated with NAP and to do so in a manner that respects the protection provided by the Constitution of Canada for any existing aboriginal, treaty and other rights of the aboriginal peoples of Canada and that is consistent with Self-Government Agreements and any existing fiduciary duties or obligations of the Crown to aboriginal peoples of Canada.

EFFECTIVE DATE

1.2 The Parties intend the Effective Date to be April 1, 2003.

NEGOTIATION OF SETTLEMENT AND SELF-GOVERNMENT AGREEMENTS

1.3 The Parties hereby acknowledge and confirm their mutual intent to conclude, as a matter of the highest priority in the Yukon, the negotiation of any outstanding Settlement Agreement or Self-Government Agreement.

1.3.1 The Parties further acknowledge and confirm their mutual intent to conclude the negotiations referred to in 1.3 within the policies and mandates given to their respective officials to negotiate such agreements from time to time.

1.3.2 The Parties further acknowledge and confirm their mutual preference to conclude the negotiations referred to in 1.3 without resorting to litigation.

CONSTITUTION OF CANADA

1.4 Nothing in this Agreement shall be construed so as to affect in any manner the Constitution of Canada.

1.5 Nothing in this Agreement shall be construed so as to give the Legislature greater powers than are given to legislatures of the provinces under sections 92, 92A and 95 of the Constitution Act, 1867, with respect to similar classes of subjects described in those sections.

1.5.1 For greater certainty, the Legislature shall not have powers under section 91(24) of the Constitution Act, 1867 to make laws that apply to or in respect of Indians or lands reserved for the Indians, except to the extent that any such powers are:

(a) provided for in a Settlement Agreement or a Self-Government Agreement, or in federal legislation implementing such an agreement;

(b) exercised to give effect to or implement provisions of a Settlement Agreement or a Self-Government Agreement; or

(c) already given the Legislature on the date this Agreement is signed.

FIRST NATIONS' RIGHTS AND INTERESTS

Non-derogation

1.6 Nothing in this Agreement shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

1.7 Nothing in this Agreement shall be construed so as to abrogate or derogate from any fiduciary duty or obligation of the Crown to aboriginal peoples of Canada that may be derived from treaties, constitutional provisions, legislation, common law or express undertakings.

1.8 Nothing in this Agreement shall be construed so as to abrogate or derogate from any other obligation of the Crown or the Government of Canada to the aboriginal peoples of Canada that may be provided by the Constitution of Canada.

1.9 Nothing in this Agreement shall be construed as an admission or acknowledgement by the Crown as to the existence, nature or scope of any aboriginal or treaty right of aboriginal peoples of Canada, or of any fiduciary duty or obligation, or any other constitutional obligation to aboriginal peoples of Canada.

1.10 Nothing in this Agreement shall be construed so as to preclude any of the Parties from advocating before the courts any position on the existence, nature or scope of any aboriginal or treaty right of aboriginal peoples of Canada, or of any fiduciary duty or obligation, or any other constitutional obligation to the aboriginal peoples of Canada.

1.11 Nothing in this Agreement shall be construed so as to limit or fulfil the obligations of Canada or the YTG under Self-Government Agreements, except to the extent that such obligations are fulfilled, in whole or in part, by the funding arrangements referred to in 7.2 to 7.7 in respect of Future NAP-Related PSTA.

Land Protection Measures

1.12 Subject to 1.13, where in the course of a land claims negotiation in the Yukon, the parties to that negotiation agree, and no later than one hundred and twenty (120) days prior to the Effective Date unless a different period of time is agreed upon, Canada shall initiate withdrawal and prohibition orders for the simultaneous repeal and replacement of any existing withdrawal and prohibition orders under the Yukon Quartz Mining Act (Canada), the Yukon Placer Mining Act (Canada) and the Territorial Lands Act (Canada) in respect of land selections of a First Nation, with new withdrawal and prohibition orders under those Acts in respect of all land selections for that First Nation that are agreed upon as such by the parties to the land claims negotiation at that time.

1.13 Prior to initiation by Canada of the orders referred to in 1.12, the parties to the land claims negotiation shall agree upon descriptions of the land selections and to the extent and in the form considered necessary by such parties, upon any rights-of-way, easements, reservations, exceptions, restrictions, special conditions and other interests, applicable to the lands.

1.14 Unless otherwise agreed by the parties to a land claims negotiation, federal withdrawal and prohibition orders which are in effect immediately prior to the Effective Date in respect of land selections shall be replaced pursuant to applicable territorial legislation as of the Effective Date, and shall remain in effect until the earlier of a date five (5) years from the Effective Date or the effective date of the First Nation's Settlement Agreement, unless the parties to the land claims negotiation agree upon another date.

1.15 Where, at least sixty (60) days prior to the Effective Date, the parties to a First Nation land claims negotiation agree upon land selections and where there are no federal withdrawal and prohibition orders in effect with respect to those land selections, the YTG shall, subject to 1.20, give effect on the Effective Date to withdrawal and prohibition orders pursuant to territorial legislation in respect of those land selections and such orders shall remain in effect until the earlier of a date five (5) years from the Effective Date or the effective date of the First Nation's Settlement Agreement, unless the parties to the land claims negotiation agree upon another date.

1.16 Unless otherwise agreed, as soon as practicable after the Effective Date, the YTG shall, subject to 1.20, pass withdrawal and prohibition orders pursuant to applicable territorial legislation in respect of parcels of land agreed to by the parties to the land claims negotiation up to an amount equal to 120% of the difference between the Settlement Land quantum for that First Nation and the amount of land in respect of which there are withdrawal and prohibition orders in effect pursuant to 1.14 and 1.15.

1.17 Withdrawal and prohibition orders in respect of land parcels agreed to under 1.16 shall expire as follows:

(a) in respect of an amount of land which causes the total amount of land withdrawn to be 100% or less of the quantum of Settlement Land for that First Nation, at the same time as the orders made under 1.14 unless the parties to the land claims negotiation agree upon another date; and

(b) in respect of any amount of land which causes the total amount of land withdrawn to be greater than 100% of the quantum of Settlement Land for that First Nation, after a two (2) year period unless the parties to the land claims negotiation agree upon another date.

1.18 The provisions of 1.15 and 1.16 do not apply:

(a) in respect of Commissioner's Lands within municipal boundaries; and

(b) to a First Nation in respect of which Settlement Land negotiations in the Yukon are complete or substantially complete as at the Effective Date.

1.19 Where, following the signing of this Agreement, the parties to a land claims negotiation in the Yukon agree that negotiations of a First Nation's Settlement Land selections in respect of Commissioner's Lands within a municipality are substantially complete, the YTG shall, subject to 1.20, give effect to withdrawal and prohibition orders pursuant to territorial legislation in respect of the land selections which shall remain in effect until the earlier of a date five (5) years from the date of the orders or the effective date of the First Nation's Settlement Agreement, unless the parties to the land claims negotiation agree upon another date.

1.20 Prior to the initiation by the YTG of the orders referred to in 1.15, 1.16 and 1.19, the parties to the land claims negotiations shall agree upon descriptions of the land selections and to the extent and in the form considered necessary by such parties, upon any rights-of-way, easements, reservations, exceptions, restrictions, special conditions and other interests applicable to the lands.

1.21 Unless otherwise agreed, the passage of a withdrawal or prohibition order in respect of any particular land parcel shall not be construed as an agreement to such land parcel becoming Settlement Land.

1.22 Prior to the expiry of any YTG withdrawal and prohibition orders made pursuant to 1.14 to 1.16 and 1.19, the YTG shall Consult with the applicable First Nation regarding the extension or renewal of such orders.

1.23 The passage of any withdrawal and prohibition orders in respect of any land parcel pursuant to this Agreement is without prejudice to the negotiation by the parties to the land claims negotiation of rights-of-way, easements, reservations, exceptions, restrictions, special conditions or other interests applicable to that parcel.

1.24 Any withdrawal and prohibition orders shall be subject to existing interests in the land.

LAND AND WATERS

1.25 Public Land shall remain vested in Her Majesty in right of Canada.

1.26 Subject to any rights in Waters granted by or under any Act of Parliament, the rights in respect of Waters shall remain vested in Her Majesty in right of Canada.

INDEMNIFICATION

1.27 The YTG shall indemnify Canada, or any of its employees or agents, against all costs, charges and expenses, including amounts paid to settle an action or to satisfy a judgement, that may be reasonably incurred in respect of any claim, action or other proceeding brought against Canada, or any of its employees or agents, arising out of any acts or omissions of the YTG, its employees or agents, occurring:

(a) after the Effective Date, in respect of land under the administration and control of the Commissioner of Yukon, except Commissioner's Land;

(b) after the Effective Date, in respect of Existing Federal Rights;

(c) after the Effective Date, in respect of rights in respect of Waters;

(d) in respect of any security assigned to the YTG pursuant to this Agreement;

(e) in respect of Records Loaned, Records Copied or Records Transferred, unless such an act or omission is required pursuant to this Agreement; or

(f) in respect of Remediation work performed pursuant to this Agreement.

1.28 The YTG shall indemnify Canada against all costs, charges and expenses, including amounts paid to settle an action or to satisfy a judgement, that may be reasonably incurred in respect of any claim, action or other proceeding brought against Canada arising out of a failure by the YTG to meet its obligations under this Agreement in respect of NAP Indeterminate Employees and Appointed NAP Indeterminate Employees.

1.29 Canada shall indemnify the YTG, or any of its employees or agents, against all costs, charges and expenses, including amounts paid to settle an action or to satisfy a judgement, that may be reasonably incurred in respect of any claim, action or other proceeding brought against the YTG, or any of its employees or agents, arising out of any acts or omissions of Canada, its employees or agents, occurring:

(a) in respect of Public Land or any land the administration and control of which is transferred by Canada to the Commissioner of Yukon after the Effective Date, where the act or omission occurred prior to the date the Commissioner of Yukon received the administration and control of the land;

(b) prior to the Effective Date, in respect of Existing Federal Rights;

(c) prior to the Effective Date, in respect of rights in respect of Waters;

(d) in respect of the taking of administration and control of land from the Commissioner pursuant to 2.15, the making of a prohibition order pursuant to 2.17 or 2.18 or the granting of an application pursuant to 2.25;

(e) in respect of any security required to be assigned to the YTG pursuant to this Agreement;

(f) in respect of Records Loaned, Records Copied or Records Transferred; or

(g) in respect of Remediation work performed pursuant to this Agreement.

1.30 Canada shall indemnify a First Nation, or any of its employees or agents, against all costs, charges and expenses, including amounts paid to settle an action or to satisfy a judgement, that may be reasonably incurred in respect of any claim, action or other proceeding brought against that First Nation, or any of its employees or agents, arising out of any acts or omissions of Canada, its employees or agents, occurring in respect of Remediation work performed pursuant to this Agreement on that First Nation's Settlement Land.

1.31 The YTG shall indemnify a First Nation, or any of its employees or agents, against all costs, charges and expenses, including amounts paid to settle an action or to satisfy a judgement, that may be reasonably incurred in respect of any claim, action or other proceeding brought against that First Nation, or any of its employees or agents, arising out of any acts or omissions of the YTG, its employees or agents, occurring in respect of Remediation work performed pursuant to this Agreement on that First Nation's Settlement Land.

1.32 Canada, the YTG or a First Nation, or any of their employees or agents, shall not be entitled to be indemnified under 1.27 to 1.31 if the claim, action or proceeding was settled out of court without the written consent of the government that is required to provide an indemnity.

INTERPRETATION

General Rules of Interpretation

1.33 There is no presumption that doubtful expressions, terms or provisions in this Agreement shall be resolved in favour of any particular Party.

1.34 In this Agreement:

(a) unless it is otherwise clear from the context, a reference to a "Chapter" or "Appendix" means a Chapter or Appendix of this Agreement;

(b) headings and sub-headings are for convenience only, do not form a part of this Agreement and in no way define, limit, alter or enlarge the scope or meaning of any provision of this Agreement;

(c) unless otherwise provided, a reference to a statute includes every amendment to it, every regulation made under it and amendment made to such regulation, and any successor legislation;

(d) a reference to a Settlement Agreement or a Self-Government Agreement includes every amendment to it;

(e) unless it is otherwise clear from the context, the use of the singular includes the plural and the use of the plural includes the singular; and

(f) where one or more Parties are mentioned in a provision of this Agreement, this shall not be interpreted as implying or inferring any obligation on or acknowledgment by any Party not mentioned in that provision.

Computation of Time

1.35 Sections 26 to 28 of the Interpretation Act (Canada) apply to the computation of time for the purposes of this Agreement.

Inconsistency or Conflict

1.36 In the event of an inconsistency or conflict between this Agreement and a Settlement Agreement or Self-Government Agreement, the Settlement Agreement or Self-Government Agreement shall prevail to the extent of the inconsistency or conflict.

OTHER PROGRAMS

1.37 Nothing in this Agreement shall preclude the YTG from being eligible to participate in any federal programs pertaining to the matters addressed in this Agreement, inclusive of the financial benefits related to such programs, in accordance with applicable program criteria, as such programs may exist from time to time.

1.38 Nothing in this Agreement shall preclude a First Nation from being eligible to participate in any federal or territorial programs pertaining to the matters addressed in this Agreement, inclusive of the financial benefits related to such programs, in accordance with applicable program criteria, as such programs may exist from time to time.

AGREEMENTS BETWEEN THE YTG AND FIRST NATIONS

1.39 Agreements between the YTG and First Nations made pursuant to this Agreement are appended in Appendix B (YTG - First Nations Agreements) and may be amended with the written consent of the YTG and First Nations that are Parties to this Agreement after a fifteen (15) day notice of the intended amendment has been given to Canada.

1.40 Agreements in Appendix B (YTG - First Nations Agreements) and any amendment thereof shall not create any legally enforceable rights, obligations or liabilities binding on Canada without Canada's written consent.

FEDERAL LEGISLATION

1.41 Nothing in this Agreement shall be construed so as to prevent an Act of Parliament from prevailing over territorial legislation to the extent of any conflict between them.

1.41.1 For greater certainty, nothing in this Agreement shall be construed so as to abrogate or derogate from the Northern Pipeline Act (Canada) and, without limiting the generality of the foregoing, the Northern Pipeline Act (Canada) shall apply to Public Land after the Effective Date.

1.41.2 For greater certainty, nothing in this Agreement shall be construed so as to prevent the application of the Dominion Water Power Act (Canada) on land under the administration and control of Canada after the Effective Date.

GENERAL

No Benefits

1.42 No member of the House of Commons shall be admitted to any share or part of this Agreement, or to any benefit to arise from it.

Appropriation

1.43 Financial provisions of this Agreement applicable to Canada are subject to the appropriation of funds by the Parliament of Canada.

1.44 Expenditures by the YTG pursuant to this Agreement are subject to the appropriation of funds by the Legislature.

Execution of Documents

1.45 Each Party shall, at the request of another Party, execute and deliver to the requesting Party any instrument or document or shall do anything that may reasonably be required to carry out its obligations under this Agreement, or to complete any transaction contemplated by this Agreement.

Severability

1.46 Unless otherwise determined by a court of competent jurisdiction, if any provision contained in this Agreement is rendered invalid, illegal or unenforceable by a court of competent jurisdiction in any respect, the validity, legality or enforceability of the remaining provisions shall not in any way be considered by any of the Parties to be affected or impaired.

Amendment

1.47 Unless otherwise provided in this Agreement, the provisions of this Agreement may be amended with the written consent of the Parties.

Jurisdiction of the Court

1.48 The Supreme Court of the Yukon shall have jurisdiction in respect of any action or proceeding arising out of this Agreement.

1.49 Nothing in 1.48 shall be construed so as to limit the jurisdiction of any other court, including the Federal Court of Canada, as may be set forth from time to time in legislation establishing such a court.

Disputes

1.50 In the event of a dispute between any of the Parties in respect of the interpretation, application or implementation of this Agreement, the Parties agree to explore resolution of the dispute through negotiation or other appropriate dispute resolution procedures before resorting to litigation.

NOTICES AND COMMUNICATIONS

1.51 Any notice to be given or communication made to a Party pursuant to this Agreement shall be in writing and shall be effectively given or made if delivered by hand, transmitted by facsimile transmission or sent by registered mail, to the appropriate address or facsimile number set out in Appendix A (Notices and Communications) or to any other address or facsimile number where so notified by that Party.

1.51.1 A notice or communication will be considered to have been received:

(a) if delivered by hand during business hours on a Business Day, upon receipt by a responsible representative of the receiver, and if not delivered during business hours, upon the commencement of business on the next Business Day;

(b) if sent by facsimile transmission during business hours on a Business Day, upon the sender receiving confirmation of the transmission, and if not transmitted during business hours, upon the commencement of business on the next Business Day; or

(c) if mailed by registered post in Canada, five (5) Business Days after posting, except that, in the case of a disruption or an impending or threatened disruption in postal services, every notice or communication shall be delivered by hand or sent by facsimile transmission.

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Chapter 2 - Transfer Of Responsibilities

LEGISLATIVE AUTHORITY

2.1 As soon as practicable after this Agreement is signed by the Parties, Canada shall introduce into Parliament and support, as a government measure, legislation necessary to:

(a) repeal and replace the Yukon Act (Canada) to ensure that the Legislature has the power to make laws with respect to Public Land, Waters, and the disposition of any right or interest in Public Land or of any right in respect of Waters;

(b) repeal the Yukon Placer Mining Act (Canada), the Yukon Quartz Mining Act (Canada) and the Yukon Waters Act (Canada);

(c) make the Territorial Lands Act (Canada) inapplicable in respect of the Yukon;

(d) subject to 2.6, repeal the Yukon Surface Rights Board Act (Canada); and

(e) make consequential amendments to other federal legislation as required.

2.2 Canada shall:

(a) repeal any regulations made under the Yukon Placer Mining Act (Canada), the Yukon Quartz Mining Act (Canada) and the Yukon Waters Act (Canada); and

(b) repeal or make inapplicable in respect of the Yukon any regulations made under the Territorial Lands Act (Canada).

2.3 Prior to the Effective Date, the YTG shall introduce into the Legislature and support, as a government measure, legislation that:

(a) mirrors, to the extent practicable, the Yukon Placer Mining Act (Canada), the Yukon Quartz Mining Act (Canada), the Yukon Waters Act (Canada) and the Territorial Lands Act (Canada); and

(b) makes consequential amendments to other territorial legislation as required.

2.4 The YTG shall make regulations that mirror, to the extent practicable, the regulations made pursuant to the Yukon Placer Mining Act (Canada), the Yukon Quartz Mining Act (Canada), the Yukon Waters Act (Canada) and the Territorial Lands Act (Canada), which are in force and applicable in the Yukon immediately prior to the Effective Date.

2.5 Canada and the YTG shall synchronize the coming into force of their respective legislative measures referred to in 2.1 to 2.4.

2.5.1 For greater certainty, the legislative measures referred to in 2.1(b), (c) and (e) and 2.2 shall come into effect on the date the legislation repealing and replacing the Yukon Act (Canada) in accordance with 2.1(a) comes into effect and the legislative measures referred to in 2.3 and 2.4 shall come into effect immediately thereafter.

2.6 The repeal of the Yukon Surface Rights Board Act (Canada) pursuant to 2.1(d) shall come into effect on a date, after the Effective Date, to be fixed by order of the Governor in Council.

2.6.1 Territorial surface rights board legislation shall:

(a) come into effect immediately after the Yukon Surface Rights Board Act (Canada) is repealed; and

(b) be drafted in accordance with 8.5.0 of the Umbrella Final Agreement.

2.6.2 The date upon which the Yukon Surface Rights Board Act (Canada) is to be repealed shall be fixed after Consultation by Canada with the other Parties.

2.7 Following the Effective Date, the YTG shall Consult with Yukon First Nations with respect to any proposed amendment or repeal of the Yukon Act (Canada) provided that Canada consults with the YTG prior to the introduction of any such proposed amendment or repeal in the House of Commons.

LAND AND WATERS

Administration and Control of the Commissioner of Yukon

2.8 As of the date the Yukon Act (Canada) is repealed and replaced in accordance with 2.1(a), the Commissioner of Yukon shall have the administration and control of Public Land and of all rights in respect of Waters, and, without limiting the generality of the foregoing, the Commissioner of Yukon may:

(a) use Public Land, or sell or otherwise dispose of the entire or any lesser interest in Public Land and retain the proceeds of the use, sale or disposition; and

(b) exercise rights in respect of Waters, or sell or otherwise dispose of them and retain the proceeds of their exercise, sale or disposition.

2.8.1 The administration and control of Public Land and of rights in respect of Waters shall be exercised in a manner consistent with the terms and conditions of this Agreement.

2.8.2 The transfer of the administration and control of Public Land and of rights in respect of Waters to the Commissioner of Yukon shall not affect:

(a) the "specified substances right" of a Yukon First Nation in Category B Settlement Land and Fee Simple Settlement Land set out in 5.4.1.2 and 5.4.1.3 of a Yukon First Nation Final Agreement;

(b) the "specified substances right" of the Tetlit Gwich'in in Tetlit Gwich'in Yukon Land set out in 3.1.3 of Appendix C of the Gwich'in Comprehensive Land Claim Agreement;

(c) any existing right or interest in, or any existing trust in respect of, Public Land; or

(d) any existing right in respect of Waters.

Inventory of Exclusions

2.9 Prior to the Effective Date, Canada shall make best efforts to replace parcel descriptions referring to sketch maps within Appendix C (Preliminary Inventory of Exclusions) by metes and bounds or better land descriptions.

2.10 Not later than three (3) months prior to the Effective Date, Canada shall provide to the other Parties a final inventory of exclusions consisting of Appendix C (Preliminary Inventory of Exclusions) which Canada may have varied for the purpose of:

(a) replacing the land description of a parcel contained in Appendix C (Preliminary Inventory of Exclusions) with a more accurate land description;

(b) adding a parcel not included in Appendix C (Preliminary Inventory of Exclusions) which is dedicated to the purposes of a Federal Department or is under the administration of a Federal Agent Corporation;

(c) modifying the land description of a parcel that was not accurately described in Appendix C (Preliminary Inventory of Exclusions) so that it corresponds to the parcel which is dedicated to the purposes of a Federal Department or is under the administration of a Federal Agent Corporation; or

(d) deleting a parcel listed in Appendix C (Preliminary Inventory of Exclusions) not dedicated to the purposes of a Federal Department or not under the administration of a Federal Agent Corporation.

2.11 If, after the Effective Date, it appears that a parcel or part of a parcel of land not included in the Inventory of Exclusions was, on the Effective Date, required for the purposes of a Federal Department or under the administration of a Federal Agent Corporation, the Commissioner of Yukon shall relinquish, pursuant to the Yukon Act (Canada), administration and control of that land to Canada for the benefit of that department or corporation.

2.11.1 Prior to the relinquishment of administration and control of land pursuant to 2.11, Canada shall:

(a) identify to the YTG the intended use of the land to be relinquished; and

(b) Consult with the YTG on the boundaries and quantum of the land to be relinquished and any third party rights that may be affected by the relinquishment.

Access to Land

2.12 The YTG shall grant Canada access to Public Land, at no cost to Canada, to allow Canada to fulfill its commitments under this Agreement and to meet any of its other responsibilities in the Yukon.

Land Reserved for Federal Departments or Federal Agent Corporations

2.13 As of the Effective Date, the YTG shall, by making an entry in its property records, reserve for the use of a Federal Department, or Federal Agent Corporation, any Public Land which, immediately prior to the Effective Date, is reserved for the use of this department or corporation by entry in the federal property records in the custody of the Head of Land Disposition in the Yukon Region Land Resources Division of DIAND at Whitehorse.

2.14 Upon the request of a Federal Department or Federal Agent Corporation for which land is reserved pursuant to 2.13, and subject to 2.14.1, the Commissioner of Yukon shall relinquish, pursuant to the Yukon Act (Canada), administration and control of the land to Canada for the benefit of that department or corporation.

2.14.1 Prior to the relinquishment of administration and control of land under 2.14, Canada shall:

(a) identify to the YTG the intended use of the land to be relinquished; and

(b) Consult with the YTG on the boundaries and quantum of the land to be relinquished and any third party rights that may be affected by the relinquishment.

Administration and Control by Canada

2.15 Canada may take from the Commissioner of Yukon the administration and control of any land where Canada determines it is necessary to do so:

(a) in the national interest, for matters including

(i) national defence or security,

(ii) the establishment of, or changes to the boundaries of a national park, national park reserve, national historic site or other area protected under an Act of Parliament, or

(iii) the creation of infrastructure for transportation or energy-related initiatives;

(b) for the welfare of Indians and Inuit; or

(c) for the conclusion or implementation of a Settlement Agreement.

2.16 Prior to the taking of administration and control of land from the Commissioner of Yukon pursuant to 2.15, Canada shall:

(a) identify to the YTG

(i) the purpose for which the land is being taken, and

(ii) the location and quantum of land being taken; and

(b) except in cases involving national defence or security, Consult with the YTG on the boundaries of land and any third party rights that may be affected by the taking.

Prohibition Orders

2.17 Canada may prohibit the issuance of interests or the authorization of the conduct of activities, under territorial legislation, in or on land under the administration and control of the Commissioner of Yukon as specified in an order, if Canada considers that such a prohibition is required:

(a) before the administration and control of land is taken pursuant to 2.15(a) or (b); or

(b) for the conclusion or implementation of a Settlement Agreement.

2.18 Canada may prohibit any use of Waters or the deposit of waste into Waters, as specified in an order, if Canada considers that:

(a) the use, or the deposit of waste, would be incompatible with or would interfere with a particular undertaking which is in the national interest; or

(b) the prohibition is required for the conclusion or implementation of a Settlement Agreement.

2.19 Canada shall notify the YTG of a proposed prohibition order under 2.17 or 2.18.

2.19.1 Prior to making a prohibition order pursuant to 2.17 or 2.18, Canada shall Consult with the YTG on, as the case may be:

(a) the boundaries and quantum of land to be subject to the proposed prohibition order;

(b) the location of Waters to be subject to the proposed prohibition order; and

(c) the interests, activities or use the issuance or authorization of which would be prohibited by the proposed order.

2.20 After the notification referred to in 2.19 is given, but not earlier than one hundred and twenty (120) days and no later than sixty (60) days before the prohibition order is to be made, Canada shall cause notice of a proposed prohibition order under 2.17 or 2.18 to be published in the Canada Gazette and in a newspaper which, in the opinion of Canada, has a large circulation in the Yukon.

2.21 A proposed prohibition order in respect of which a notice is published pursuant to 2.20 shall temporarily take effect on the day of publication of the notice in the Canada Gazette, for a period of one hundred and twenty days unless, during that period, Canada causes to be published a notice in the Canada Gazette and in a newspaper, which, in the opinion of Canada, has a large circulation in the Yukon, of its intention not to proceed with the order.

2.21.1 The temporary prohibition shall cease to be in effect pursuant to 2.21 upon the publication of the notice of the intention not to proceed in the Canada Gazette.

2.22 Before making a prohibition order pursuant to 2.17 or 2.18, Canada shall consider any representations received within sixty (60) days after the publication of the notice referred to in 2.20.

2.23 No further notice need be given pursuant to 2.19 and 2.20 if the scope of application of the prohibition order is reduced to cover a smaller area or fewer activities than set out in the notice of the proposed order.

2.24 A prohibition order made pursuant to 2.17 or 2.18 may be made for a period of five (5) years or less.

Northern Pipeline

2.25 Canada may grant, with or without conditions, an application made to a person or entity required by territorial legislation to hold a public hearing on the matter if the application is:

(a) for rights or renewal of rights in respect of Waters for the purpose of constructing the pipeline referred to in the Northern Pipeline Act (Canada); or

(b) for permission to expropriate lands or any interest in lands for the purposes of that pipeline if the application is made by a person who holds or has applied for rights in respect of Waters described in (a).

2.25.1 The provisions of 2.25 only apply if the public hearing is not begun within six (6) months after the application is made or is not completed within sixty (60) days after it began, or a decision is not given within forty-five (45) days after the completion of the hearing.

2.25.2 Canada may only grant an application pursuant to 2.25 after consultation with the person or entity required to hold the public hearing.

2.25.3 A decision of Canada to grant an application pursuant to 2.25 shall be deemed to have been made under territorial legislation.

No Cost or Compensation

2.26 The relinquishment of administration and control of land by the Commissioner of Yukon pursuant to 2.11 or 2.14, the taking of administration and control of land by Canada pursuant to 2.15, the prohibition of the issuance of interests in land or of the authorization of the conduct of activities thereon pursuant to 2.17, the prohibition of any use of Waters or deposit of waste into Waters pursuant to 2.18, and the granting of an application pursuant to 2.25 shall be without cost or compensation to the YTG.

SUCCESSOR YTG LEGISLATION

2.27 Section A of Appendix B (YTG-First Nation Agreements) contains an agreement between the YTG and First Nations that are Parties to this Agreement which sets out cooperative working arrangements in respect of the development of a workplan and preparation of successor territorial legislation pertaining to the administration and control of Public Land and the administration and control of rights in respect of Waters.

2.28 The YTG shall Consult with First Nations with Settlement Land in the Yukon pursuant to a Transboundary Agreement regarding development of the legislation referred to in 2.27.

SETTLEMENT AGREEMENT IMPLEMENTATION

2.29 As of the Effective Date, the responsibilities of Canada and the YTG under Settlement Agreements shall be shared as follows:

(a) Canada shall remain responsible for NAP-related matters listed in Section A of Appendix D (Settlement Agreement Implementation);

(b) the YTG shall be responsible for NAP-related matters listed in Section B of Appendix D (Settlement Agreement Implementation); and

(c) the responsibility of Canada and the YTG for any matter not listed in Appendix D (Settlement Agreement Implementation) shall be determined in accordance with Settlement Agreements and Self-Government Agreements.

2.30 Nothing in 2.29 or Appendix D (Settlement Agreement Implementation) shall be construed so as to define, interpret or amend any provision of a Settlement Agreement, or as an admission or acknowledgement of the existence of any obligation under a Settlement Agreement.

ENVIRONMENTAL ASSESSMENT

2.31 Subject to 2.31.2, the YTG shall, prior to the Effective Date, introduce into the Legislature and support as a government measure legislation that mirrors, to the extent practicable, the Canadian Environmental Assessment Act (Canada) and shall have, ready to be made, regulations that mirror, to the extent practicable, regulations made under the Canadian Environmental Assessment Act (Canada).

2.31.1 The territorial mirror legislation and regulations referred to in 2.31 shall be developed in consultation with the Canadian Environmental Assessment Agency and, before the legislation is introduced and the regulations made, shall be approved by the federal Minister of the Environment.

2.31.2 The YTG shall not introduce into the Legislature the territorial mirror legislation referred to in 2.31 if, at the time the YTG would otherwise have introduced it, Development Assessment Legislation is fully in effect.

2.31.3 If Development Assessment Legislation is not fully in effect on the Effective Date, the territorial mirror legislation and regulations referred to in 2.31 shall come into effect on the Effective Date and remain in effect at least until the date at which Development Assessment Legislation comes fully into effect.

2.31.4 If the territorial mirror legislation and regulations referred to in 2.31 are in effect in accordance with 2.31.3, all environmental assessments of NAPrelated projects conducted by DIAND in the Yukon pursuant to the Canadian Environmental Assessment Act (Canada) and the Environmental Assessment Review Process Guidelines Order (Canada) and not completed on the Effective Date shall be completed after the Effective Date by the YTG pursuant to such territorial legislation and regulations.

2.32 If an environmental assessment by panel review is required by the territorial legislation and regulations referred to in 2.31, which are in effect in accordance with 2.31.3, Canada shall consider providing funding support to the YTG in addition to the funding provided pursuant to 7.8 to cover the costs of such an environmental assessment.

2.32.1 Nothing in 2.32 shall be construed so as to create an obligation on Canada to provide additional funding support to the YTG.

2.33 If Development Assessment Legislation is not fully in effect on the Effective Date, the YTG shall, as of the Effective Date, continue NAP-related interim measures implemented by DIAND pursuant to 12.3.6 of the Umbrella Final Agreement which are in place on the Effective Date until Development Assessment Legislation comes fully into effect, unless the YTG and Yukon First Nations affected by any interim measure agree otherwise.

2.33.1 For greater certainty, the provisions of 12.3.6 of the Umbrella Final Agreement continue to apply until the date upon which Development Assessment Legislation comes fully into effect.

2.34 Interim measures implemented pursuant to 12.3.6 of the Umbrella Final Agreement that are continued by the YTG pursuant to 2.33 shall be funded through the on-going funding referred to in 7.1.

2.34.1 Notwithstanding 2.34, Canada shall remain responsible for providing funding to Yukon First Nations for participation in the Band Resource Officer Program until the date upon which Development Assessment Legislation comes fully into effect.

2.34.2 Notwithstanding 2.34, if any interim measure is implemented by Canada pursuant to 12.3.6 of the Umbrella Final Agreement between the date this Agreement is signed and the Effective Date, the agreement establishing that interim measure shall outline how it shall be funded after the Effective Date.

SERVICES IN ENGLISH AND FRENCH

2.35 As of the Effective Date, it shall be prescribed pursuant to the Languages Act (Yukon) that any member of the public has, in the circumstances described in 2.35.1, the right to communicate with, and to receive available services from, any YTG office in English and French, where that office provides, as a result of this Agreement, services to the public of any of the following types:

(a) Public Land services;

(b) Mineral Resources services;

(c) Forest Resources services; or

(d) Waters services.

2.35.1 In relation to the types of services referred to in 2.35, it shall be possible for members of the public to communicate with and to receive services from any YTG office in both English and French where:

(a) the office is, of all YTG offices providing services of that type, the office at which there is, on average over a period of two (2) years, the greatest number of persons using the French language to request services;

(b) the service area of the office has a French Minority Population of at least five thousand (5,000) persons;

(c) the service area of the office has a French Minority Population of at least five hundred (500) persons and,

(i) that French Minority Population is equal to at least five (5) per cent of the Total Population of that service area, or

(ii) at that office, on average over a period of two (2) years, at least five (5) per cent of the demand from the public for services is in the French language; or

(d) the service area of the office has a French Minority Population of at least two hundred (200) persons, that French Minority Population is equal to at least five (5) per cent of the Total Population of that service area, and at that office, on average over a period of two (2) years, at least five (5) per cent of the demand from the public for services is in the French language.

2.36 As of the Effective Date, any legislation referred to in 2.3 and 2.31, or any successor legislation, shall provide that any notice, advertisement or other matter that is required or authorized by or pursuant to such legislation to be published by or under the authority of a YTG institution primarily for the information of the public shall:

(a) wherever possible, be printed in English in at least one publication in general circulation within each region where the matter applies that appears wholly or mainly in English; and be printed in French in at least one publication in general circulation within each region where the matter applies that appears wholly or mainly in French, equal prominence being given to each version; and

(b) where there is no publication in general circulation within a region where the matter applies that appears wholly or mainly in French, be printed in both English and French in at least one publication in general circulation within that region, equal prominence being given to each version.

2.37 As of the Effective Date, any legislation referred to in 2.3 and 2.31, or any successor legislation, shall provide that any instrument directed to or intended for the notice of the public, purporting to be made or issued by or under the authority of a YTG institution pursuant to such legislation, shall be made or issued in both English and French.

2.38 Where the YTG identifies any of its offices providing services with respect to either Public Land, Mineral Resources, Forest Resources or Waters with signs, each sign shall include both English and French, each language being given equal prominence, or be placed together with a similar sign of equal prominence, one being in English, the other in French.

2.39 The complaint mechanism of the Bureau of French Language Services of the YTG, or a successor administrative remedy mechanism established by the YTG or pursuant to territorial legislation, shall apply to communications with and services to the public required to be provided in French pursuant to 2.35 to 2.38.

2.40 Canada's financial transfer to the YTG referred to in 7.1 shall include all of the NAP Yukon and NAP Headquarters resources related to providing communications and services in respect of Public Land, Mineral Resources, Forest Resources and Waters to the public in English and French in the Yukon.

2.41 Where, after the Effective Date, a YTG office that does not come within the circumstances described in 2.35.1(a), does come within any of the circumstances described in 2.35.1(b), (c) or (d), Canada and the YTG shall meet to review whether resources provided to the YTG by Canada pursuant to this Agreement or otherwise for the purpose of providing French language services are adequate to implement 2.35 at that office.

2.42 Nothing in this Agreement shall be construed so as to affect the ability of the Yukon francophone community or its representatives to consult with:

(a) the YTG, either through the Yukon Advisory Committee on French Language Services or any other body, on matters relating to the availability of government communications and services to the public in French; or

(b) Canada and the YTG in respect of the delivery of programs and services in French in the event of any future transfers to the YTG of other programs and services of DIAND.

2.43 Nothing in this Agreement shall be construed so as to prevent the YTG from granting rights in respect of, or providing services in, English and French in addition to the rights and services provided for in 2.35 to 2.39.

TRANSITION

Existing Federal Rights

2.44 Subject to 2.46, any Existing Federal Right shall be administered and governed as of the Effective Date in accordance with territorial legislation.

2.45 As of the Effective Date, the Legislature shall have the power:

(a) to make laws providing for the modification, suspension or cancellation of Existing Federal Rights or any right under them in circumstances where, and to the extent that, prior to the Effective Date, such Existing Federal Rights or any right under them could have been modified, suspended or cancelled; and

(b) without limiting the generality of (a), to make laws that apply to the same extent to Existing Federal Rights as to similar rights and interests issued, granted or otherwise secured under territorial legislation, providing for

(i) the addition of requirements governing the manner in which Existing Federal Rights can be exercised; and

(ii) the modification, suspension or cancellation of Existing Federal Rights or any right under them, except claims granted pursuant to the Yukon Placer Mining Act (Canada) and the Yukon Quartz Mining Act (Canada) for failure to comply with requirements governing the manner in which they can be exercised.

2.46 Any Existing Federal Right shall continue in full force and effect:

(a) until the Existing Federal Right expires or is surrendered;

(b) unless the holder of the Existing Federal Right and the YTG agree that the Existing Federal Right be cancelled and replaced by a right or interest provided by the YTG;

(c) unless the holder of an Existing Federal Right which is an Encumbering Right and a First Nation agree, and the YTG consents, that the Existing Federal Right be cancelled and replaced by a right or interest provided by the First Nation;

(d) unless the Existing Federal Right or any right under it is modified, suspended or cancelled in circumstances where, and to the extent that, before the Effective Date, the Existing Federal Right or any right under it could have been modified, suspended or cancelled;

(e) unless the Existing Federal Right or any right under it, except a claim granted pursuant to the Yukon Placer Mining Act (Canada) and the Yukon Quartz Mining Act (Canada), is modified, suspended or cancelled pursuant to territorial legislation made in accordance with 2.45(b)(ii); or

(f) unless the Existing Federal Right is expropriated and the right holder is compensated pursuant to territorial legislation.

Security

2.47 On the Effective Date, Canada shall provide to the YTG a list of every security held in relation to Existing Federal Rights, including the following information:

(a) the name of the holder of the Existing Federal Right;

(b) the form and term of security provided;

(c) the amount of security held by Canada on the Effective Date;

(d) the purpose for which security was provided; and

(e) the NAP record number for the Existing Federal Right.

2.48 As soon as practicable after the Effective Date, Canada shall arrange to have the security referred to in 2.47 assigned to the YTG.

2.48.1 The YTG shall administer each security in accordance with the Financial Administration Act (Yukon).

2.48.2 The YTG shall use or return such security in accordance with the purpose, terms and conditions under which it was administered by Canada immediately prior to the Effective Date, as these terms and conditions may be amended from time to time pursuant to territorial legislation after the Effective Date in circumstances where, prior to the Effective Date, they could have been so amended.

2.49 If, after the Effective Date but before a security has been assigned to the YTG pursuant to 2.48, the YTG requires all or part of that security in accordance with the purpose, terms and conditions for which it was provided to Canada, Canada shall ensure that the YTG is provided funds not exceeding the value of that security.

2.49.1 Where funds are provided to the YTG pursuant to 2.49, the amount of the security to be assigned by Canada pursuant to 2.48 shall be reduced accordingly.

NAP-Related Accounts Payable and Receivable

2.50 Subject to the provisions of this Agreement or unless otherwise agreed by Canada and the YTG, Canada shall:

(a) be responsible for all NAP-related accounts which are payable prior to the Effective Date, including accounts for goods and services purchased, leased or obtained by other arrangements; and

(b) retain the management and benefit of all NAP-related accounts which are receivable prior to the Effective Date, including accounts for goods sold or leased.

2.50.1 Prior to the Effective Date, Canada and the YTG shall review procedures for the discharge and collection of all NAP-related accounts which are payable or receivable prior to the Effective Date.

2.51 As of the Effective Date, any security to be provided to Canada by the holder of an Existing Federal Right shall be provided to the YTG and shall be administered by the YTG pursuant to territorial legislation.

2.51.1 If Canada receives any security in relation to an Existing Federal Right after the Effective Date, Canada shall arrange to have it assigned to the YTG.

Applications

2.52 In accordance with territorial legislation, the YTG shall process and dispose of any application made and not disposed of prior to the Effective Date pursuant to the Territorial Lands Act (Canada), the Yukon Placer Mining Act (Canada), the Yukon Quartz Mining Act (Canada) or the Yukon Waters Act (Canada).

2.52.1 For the purposes of territorial legislation, an application referred to in 2.52 shall be deemed to have been made on the date it was made pursuant to the Territorial Lands Act (Canada), the Yukon Placer Mining Act (Canada), the Yukon Quartz Mining Act (Canada) or the Yukon Waters Act (Canada).

2.52.2 On the Effective Date, Canada shall transfer to the YTG:

(a) any land use fee it holds with respect to any application referred to in 2.52 made for a land use permit pursuant to the Territorial Land Use Regulations (Canada); and

(b) any deposit it holds with respect to any application referred to in 2.52 made for a license pursuant to the Yukon Waters Act (Canada).

Royalties, Rentals and Dues

2.53 As of the Effective Date, any royalty, rental, dues, fee or other charge payable to Canada by the holder of an Existing Federal Right is payable to the YTG pursuant to territorial legislation.

2.54 Where Canada collects any royalty, rental, dues, fee or other charge, except an application or service fee or a Reforestation Fee, from the holder of an Existing Federal Right in relation to a period beginning prior to the Effective Date and ending after the Effective Date, Canada shall transfer to the YTG a portion of such royalty, rental, fee, dues or charge in proportion to the length of that period extending after the Effective Date.

2.55 Where the YTG collects any royalty, rental, dues, fee or other charge, except an application or service fee or a Reforestation Fee, from the holder of an Existing Federal Right in relation to a period beginning prior to the Effective Date and ending after the Effective Date, the YTG shall transfer to Canada a portion of such royalty, rental, fee, due or charge in proportion to the length of that period extending prior to the Effective Date.

Proceedings and Enforcement

2.56 Canada shall remain responsible for enforcement actions commenced by Canada prior to the Effective Date pursuant to the Yukon Placer Mining Act (Canada), the Yukon Quartz Mining Act (Canada), the Yukon Waters Act (Canada), or the Territorial Lands Act (Canada) which are before a court, but not yet resolved at the Effective Date.

2.57 As of the Effective Date, the YTG shall be responsible for determining whether to commence or continue enforcement actions, other than those referred to in 2.56, pursuant to the Yukon Placer Mining Act (Canada), the Yukon Quartz Mining Act (Canada), the Yukon Waters Act (Canada) and the Territorial Lands Act (Canada), or the legislation referred to in 2.3.

2.57.1 The YTG shall be given the authority, on a case-by-case basis, to lay and prosecute charges on behalf of the Attorney General of Canada under the Yukon Placer Mining Act (Canada), the Yukon Quartz Mining Act (Canada), the Yukon Waters Act (Canada) or the Territorial Lands Act (Canada).

Board Membership

2.58 The appointment, prior to the Effective Date, of a person to the Yukon Territory Water Board under the Yukon Waters Act (Canada) shall continue after the Effective Date under the territorial legislation mirroring the Yukon Waters Act (Canada) as if that person had been appointed under such territorial legislation.

2.59 The appointment, prior to the Effective Date, of a person to the Yukon Land Use Planning Council or any regional land use planning commission shall continue after the Effective Date in accordance with the terms of that person's appointment to that Council or commission.

Residual Responsibilities

2.60 Residual NAP-related responsibilities of Canada in Yukon include the NAP Waste Management Program, in accordance with the provisions of this Agreement.

Government Arrangements and Agreements

2.61 As of the Effective Date, the YTG shall be bound by, comply with, and have the rights, powers and benefits under the terms and conditions of any agreement listed in Sections A and B of Appendix E (Government Agreements) as these terms and conditions apply to DIAND or Canada immediately prior to the Effective Date.

2.61.1 The YTG may agree in writing with all the parties to an agreement, other than DIAND or Canada, to:

(a) modify, replace or terminate an agreement listed in Section A of Appendix E (Government Agreements); or

(b) modify or replace an agreement listed in Section B of Appendix E (Government Agreements).

2.61.2 The modification, replacement or termination of an agreement referred to in 2.61.1 shall be effective on a day, not earlier than the Effective Date, to be agreed upon by the YTG and the relevant parties to the agreement.

2.61.3 With the written consent of Canada, the YTG may, prior to or after the Effective Date, agree in writing with all the parties to an agreement listed in Section B of Appendix E (Government Agreements) to terminate the agreement.

2.62 The following apply to the Communication Protocol between the Gwich'in Tribal Council and DIAND (Yukon Region) made on May 7, 1999:

(a) any modification to or replacement of such Protocol pursuant to 2.61.1 shall be consistent with section 8.3 of Appendix C of the Gwich'in Comprehensive Land Claim Agreement; and

(b) notwithstanding 2.61, if there is a dispute as to whether consent is required from the Tetlit Gwich'in for a proposed development or activity to be authorized, the matter will be referred for determination by the Minister of Indian Affairs and Northern Development as per section 8.3 of Appendix C of the Gwich'in Comprehensive Land Claim Agreement.

2.63 In respect of international instruments listed in Section C of Appendix E (Government Agreements), Canada shall notify the Government of the United States of America that, as of the Effective Date, the YTG will act in the place of DIAND, and the YTG shall comply with the relevant provisions of those instruments.

2.63.1 Canada may modify, replace or terminate any international instrument listed in Section C of Appendix E (Government Agreements) after Consulting the YTG.

2.64 Canada shall, as soon as practicable after this Agreement is signed, propose to each of the parties to each agreement listed in Section D of Appendix E (Government Agreements) to modify such agreement in order for the YTG to become a party to it.

2.64.1 As of the Effective Date, the YTG shall be bound by, comply with and have the rights, powers and benefits under the terms and conditions of any agreement listed in Section D of Appendix E (Government Agreements) as these terms and conditions apply to Canada in relation to the Yukon immediately prior to the Effective Date.

2.65 The YTG shall consider entering into an agreement on the same subject matter as that of the agreements listed in Section E of Appendix E (Government Agreements) with the parties to any such agreement other than DIAND or Canada.

2.66 Any new arrangement or agreement in relation to NAP made prior to the Effective Date by DIAND or Canada with any federal, territorial or First Nation government body shall be made with the written concurrence of the YTG and shall make provision for its continuation after, or termination upon, the Effective Date.

2.67 If a government arrangement or agreement made in relation to NAP prior to the Effective Date is not disclosed to the YTG before this Agreement is signed, this arrangement or agreement shall:

(a) where the agreement is an international agreement, be treated for the purposes of 2.61 to 2.65 as if it were listed in Section C of Appendix E (Government Agreements); or

(b) otherwise, as agreed upon by Canada and the YTG, be treated for the purposes of 2.61 to 2.65 as if it were listed in Section A, B, D or E of Appendix E (Government Agreements).

2.68 The agreements listed in Appendix E (Government Agreements) do not form part of this Agreement and nothing in this Agreement shall be construed so as to affect their nature, terms and conditions and legal enforceability, except to the extent necessary for the YTG to be bound by or be under an obligation to comply with the commitments and duties of DIAND or Canada, and to have the rights, powers and benefits conferred upon DIAND or Canada under agreements pursuant to 2.61, 2.63 and 2.64.1.

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Chapter 3 - Human Resources

TERMS AND CONDITIONS OF EMPLOYMENT

3.1 As of the Effective Date, the Public Service Act (Yukon), related territorial human resource legislation and YTG policies, the YTG General Administration Manual and, subject to the provisions of this Chapter, the YTG Collective Agreement or the YTG Policy and Procedures Manual Section "M", as the foregoing may exist from time to time, shall apply as appropriate to all Appointed NAP Indeterminate Employees.

YTG COLLECTIVE AGREEMENT

3.2 Canada and the YTG acknowledge that agreement of the parties to the YTG Collective Agreement must be obtained for any amendments to that agreement that are required to implement the provisions of this Chapter.

OFFERS OF EMPLOYMENT

3.3 In respect of each indeterminate full-time, part-time or seasonal NAP employee to whom Canada will send a notice of alternative delivery initiative pursuant to Part VII of federal work force adjustment agreements, Canada shall, with the written consent of that employee, provide to the YTG the most current of the following information in respect of that employee:

(a) full name;

(b) mailing address;

(c) social insurance number;

(d) marital status;

(e) substantive level to which that employee has been appointed, as defined in the Public Service Terms and Conditions of Employment Policy (Canada);

(f) position title, position number and description of duties and functions of that employee, at that employee's substantive level;

(g) office location;

(h) full-time, part-time or seasonal status;

(i) Base Federal Salary, benefits and allowances;

(j) hours of work and hourly rated amount;

(k) amount of supervisory differential, if any;

(l) amount of salary equalization adjustment, if any;

(m) amount of environmental and cost of living components of the federal isolated post allowance calculated at the married rate; and

(n) compulsory and voluntary deductions.

3.3.1 The information referred to in 3.3 shall be provided by Canada to the YTG prior to the Effective Date on a date agreed upon by Canada and the YTG, which date shall provide sufficient time for the YTG to comply with 3.4.

3.4 Approximately six (6) months prior to the Effective Date, the YTG shall make a written offer of employment to each NAP Indeterminate Employee.

3.4.1 The YTG shall deliver the written offer of employment to each NAP Indeterminate Employee by hand or by registered mail to the mailing address of that employee provided to the YTG pursuant to 3.3.

3.4.2 The YTG shall offer to each NAP Indeterminate Employee:

(a) a position the duties and functions of which match as closely as possible the description of duties and functions provided pursuant to 3.3(f);

(b) an annual salary not less than that employee's New Base Salary;

(c) having full-time employment status, employment with the YTG as a full-time regular employee;

(d) having part-time employment status, employment with the YTG as a part-time regular employee at the same full-time equivalency; and

(e) having seasonal employment status, employment with the YTG as a seasonal auxiliary employee with employment tenure equivalent to that of a YTG regular employee under the Public Service Act (Yukon), and, for greater certainty, following the Effective Date,

 (i) that employee will not be considered to have been permanently released from his or her employment with the YTG by reason only that he or she has not actively worked in his or her auxiliary position for a period of twelve months, or such other period as provided from time to time for this purpose in the YTG Collective Agreement, and

 (ii) priority over that employee in the order of layoff will not be given to any regular employee working in the same group, at the same level, performing similar functions and requiring similar qualifications by reason only that such an employee is a regular employee.

3.4.3 Canada shall issue a notice of alternative delivery initiative pursuant to Part VII of federal work force adjustment agreements to each NAP Indeterminate Employee dated the same date as the YTG written offer of employment made to that employee pursuant to 3.4.

3.5 Each NAP Indeterminate Employee shall have sixty (60) calendar days from the date of notice of alternative delivery initiative to respond in writing to the offer of employment referred to in 3.4.

3.6 As soon as practicable after a NAP Indeterminate Employee accepts the offer of employment referred to in 3.4, and not later than thirty (30) days prior to the Effective Date, Canada shall, with the written consent of that employee, provide to the YTG:

(a) a statement of the amount of earned and unused federal vacation leave to be credited to that employee pursuant to 3.27;

(b) the amount of sick leave to be credited to that employee pursuant to 3.34; and

(c) a report of that employee's prior federal service as of immediately prior to the Effective Date, including continuous federal service, continuous federal employment and federal service relevant for the purpose of calculating vacation leave and vacation pay.

3.7 On the date agreed upon pursuant to 3.3.1, Canada shall, in respect of any NAP Indeterminate Employee who will be subject to a probationary period immediately prior to the Effective Date, inform the YTG of the date of termination of probation for that employee.

3.8 Canada shall advise the YTG of all changes to the information provided by Canada pursuant to 3.3, 3.6 and 3.7 that occur prior to the Effective Date as soon as practicable after any such change occurs.

3.9 As soon as practicable after the Effective Date, Canada shall provide the YTG with a record of pensionable service in respect of each Appointed NAP Indeterminate Employee.

3.10 The YTG shall be entitled to rely on information provided by Canada pursuant to 3.3 and 3.6 to 3.9 in meeting its obligations under this Chapter in respect of NAP Indeterminate Employees and Appointed NAP Indeterminate Employees.

3.11 The YTG shall treat the information provided by Canada pursuant to 3.3 and 3.6 to 3.9 in accordance with the Access to Information and Protection of Privacy Act (Yukon).

3.12 Prior to the Effective Date, the YTG shall use the information provided by Canada pursuant to 3.3 and 3.6 to 3.8 only for the purposes of making the offers of employment referred to in 3.4 and for the purposes of creating personnel files for Appointed NAP Indeterminate Employees.

3.12.1 For greater certainty, if a NAP Indeterminate Employee refuses the offer of employment referred to in 3.4, the YTG shall protect the confidentiality of information provided by Canada under 3.3, 3.7 and 3.8 in respect of that employee by retaining and disposing of such information in accordance with territorial legislation.

CONTINUITY OF EMPLOYMENT

Probationary Period

3.13 Subject to 3.14, an Appointed NAP Indeterminate Employee shall not be subject to a probationary period with respect to the position to which that employee is first appointed by the YTG.

3.14 Where an Appointed NAP Indeterminate Employee is subject to a probationary period as a NAP employee immediately prior to the Effective Date, that employee shall be subject to, with respect to the position to which that employee is first appointed by the YTG, a probationary period not longer than the remainder of that probationary period.

Anniversary Date and Performance Increments

3.15 For the purposes of the YTG Collective Agreement and the YTG Policy and Procedures Manual Section "M", the anniversary date of an Appointed NAP Indeterminate Employee shall be the Effective Date.

3.16 As of the Effective Date, the entitlement of an Appointed NAP Indeterminate Employee to performance increments shall be determined pursuant to the YTG Collective Agreement or the YTG Policy and Procedure Manual Section "M".

Yukon Bonus

3.17 As of the Effective Date, the entitlement of any Appointed NAP Indeterminate Employee to claim a Yukon Bonus shall be determined pursuant to the YTG Collective Agreement or the YTG Policy and Procedures Manual Section "M" on the basis of that employee's combined continuous federal service and continuous service with the YTG after the Effective Date.

3.18 For greater certainty, any Appointed NAP Indeterminate Employee who is not an Appointed NAP Seasonal Indeterminate Employee and who has completed two (2) or more years of continuous federal service on the Effective Date shall be entitled to claim, as of the Effective Date and within a twelve (12) month period from that date, a first Yukon Bonus.

3.19 An Appointed NAP Seasonal Indeterminate Employee who has completed two (2) or more years of continuous federal service on the Effective Date shall be entitled to claim:

(a) within a twelve (12) month period from the Effective Date, a first Yukon Bonus, which shall be prorated in accordance with the number of regular hours worked in that employee's last season of employment with Canada in proportion to nineteen hundred and fifty (1950) hours; and

(b) as of the date immediately following the end of each subsequent seasonal work assignment with the YTG and within a twelve (12) month period from that date, a subsequent Yukon Bonus, which shall be prorated in accordance with the number of regular hours worked in that employee's seasonal work assignment in proportion to nineteen hundred and fifty (1950) hours.

3.20 An Appointed NAP Seasonal Indeterminate Employee who has not completed two (2) or more years of continuous federal service on the Effective Date shall be entitled to claim:

(a) as of the date immediately following the end of the seasonal work assignment during which that employee completes two (2) years of combined continuous federal service and continuous service with the YTG after the Effective Date, and within a twelve (12) month period from that date, a first Yukon Bonus, which shall be prorated in accordance with the number of regular hours worked in that employee's seasonal work assignment in proportion to nineteen hundred and fifty (1950) hours; and

(b) as of the date immediately following each subsequent seasonal work assignment of continuous service with the YTG and within a twelve (12) month period from that date, a subsequent Yukon Bonus, which shall be prorated in accordance with the number of regular hours worked in that employee's seasonal work assignment in proportion to nineteen hundred and fifty (1950) hours.

3.21 An Appointed NAP Seasonal Indeterminate Employee shall not be entitled to claim more than one Yukon Bonus with respect to the same period of service.

Vacation Leave, Long Service Vacation Leave and Vacation Pay

3.22 As of the Effective Date, the entitlement of any Appointed NAP Indeterminate Employee to vacation leave or vacation pay shall be determined pursuant to the YTG Collective Agreement or the YTG Policy and Procedures Manual Section "M" on the basis of that employee's combined continuous federal service and continuous service with the YTG after the Effective Date.

3.22.1 Notwithstanding 3.22, the vacation leave or vacation pay accrual rate for an Appointed NAP Indeterminate Employee shall be no less than the accrual rate to which that employee would be entitled immediately prior to the Effective Date if that accrual rate were determined by combining:

(a) the federal service of that employee that is relevant for that purpose prior to the Effective Date; and

(b) that employee's continuous service with the YTG after the Effective Date.

3.23 As of the Effective Date, the entitlement of any Appointed NAP Indeterminate Employee to long service vacation leave or long service vacation pay shall be determined pursuant to the YTG Collective Agreement or the YTG Policy and Procedures Manual Section "M" on the basis of that employee's combined continuous federal service and continuous service with the YTG after the Effective Date.

3.24 An Appointed NAP Indeterminate Employee who is not an Appointed NAP Seasonal Indeterminate Employee and who has completed five (5) years or more of continuous federal service shall be entitled, on the Effective Date, to five (5) days of long service vacation leave in the period prior to the next qualifying period.

3.25 An Appointed NAP Seasonal Indeterminate Employee who has completed five (5) years or more of continuous federal service shall be entitled, on that employee's first day of service with the YTG, to long service vacation pay in the amount of 2% of the regular Base Federal Salary paid to that employee in the calendar year immediately prior to the Effective Date.

3.26 On the Effective Date, the YTG shall advance one (1) year's worth of vacation leave entitlement, calculated in accordance with 3.22, to an Appointed NAP Indeterminate Employee who is not an Appointed NAP Seasonal Indeterminate Employee.

3.27 The YTG shall credit an Appointed NAP Indeterminate Employee who is not an Appointed NAP Seasonal Indeterminate Employee with vacation leave in an amount not exceeding the lesser of that employee's earned and unused federal vacation leave credits immediately prior to the Effective Date, or the amount of vacation leave advanced pursuant to 3.26.

3.27.1 Canada shall, upon termination of an Appointed NAP Seasonal Indeterminate Employee's federal employment, pay out in full any accrued but unused federal vacation leave.

Severance Pay

3.28 Upon payment by Canada of the amount referred to in 7.17, the YTG shall assume responsibility for the severance pay of all Appointed NAP Indeterminate Employees as set out in this Chapter.

3.29 As of the Effective Date, the entitlement of an Appointed NAP Indeterminate Employee to receive severance pay and the amount of any such severance pay shall be determined pursuant to the YTG Collective Agreement or the YTG Policy and Procedures Manual Section "M" on the basis of that employee's combined continuous federal employment and continuous employment with the YTG after the Effective Date.

3.30 As of the Effective Date, if an Appointed NAP Indeterminate Employee dies, the YTG shall pay to the appropriate person a cash gratuity in an amount determined pursuant to the YTG Collective Agreement or the YTG Policy and Procedures Manual Section "M" on the basis of that employee's combined continuous federal employment and continuous employment with the YTG after the Effective Date.

3.31 For the purpose of determining entitlement to severance pay or a cash gratuity pursuant to 3.29 and 3.30, each complete year of continuous federal employment of an Appointed NAP Seasonal Indeterminate Employee shall be deemed to be equal to nineteen-hundred and fifty (1,950) regular hours of work.

3.32 Notwithstanding 3.29 and 3.30, the amount of severance pay or cash gratuity payable in relation to an Appointed NAP Indeterminate Employee shall be no less than the amount of severance pay that would have been payable by Canada, in the same circumstances, immediately prior to the Effective Date in relation to that employee.

3.33 As of the Effective Date, where an Appointed NAP Indeterminate Employee ceases to be employed by reason of termination for cause for reasons of incapacity or incompetence, but not for breach of discipline or misconduct, that employee shall be entitled to receive severance pay in an amount no less than an amount equivalent to the amount of severance pay that would have been payable by Canada, in the same circumstances, immediately prior to the Effective Date in relation to that employee.

Sick Leave, Health Care Plan and Long Term Disability Plan

3.34 As of the Effective Date, the YTG shall credit an Appointed NAP Indeterminate Employee with sick leave in accordance with the provisions of the YTG Collective Agreement and the YTG Policy and Procedures Manual Section "M".

3.34.1 Article 25.05(5)(a) of the YTG Collective Agreement and section M-62- 2.2(a) of the YTG Policy and Procedures Manual Section "M" shall not apply to the sick leave referred to in 3.34.

3.35 As of the Effective Date, an Appointed NAP Indeterminate Employee shall be eligible to participate in the health care and long term disability plans applicable to YTG employees.

Maternity, Paternity and Adoption Leave Allowances

3.36 As of the Effective Date, the eligibility of an Appointed NAP Indeterminate Employee for a maternity, paternity or adoption leave allowance shall be determined pursuant to the YTG Collective Agreement or the YTG Policy and Procedures Manual Section "M" on the basis of that employee's combined continuous federal employment and continuous employment with the YTG after the Effective Date.

Arrangements for Leave Without Pay and Other Assignments

3.37 A NAP Indeterminate Employee who is on leave without pay or other assignment at the time an offer of employment is made under 3.4 may make a written request for the continuation of that leave without pay or other assignment to the Deputy Head of the YTG Department in respect of which the offer of employment has been made.

3.37.1 The continuation of leave without pay or other assignment shall be subject to approval by the Deputy Head.

3.37.2 An employee shall make the written request within twenty (20) days of the date of the letter of offer of employment.

3.37.3 The Deputy Head shall respond to the employee's written request within forty (40) days of the date of the letter of offer of employment.

Dental Plan Coverage

3.38 As of the Effective Date, an Appointed NAP Indeterminate Employee shall be eligible to participate, without a waiting period, in the dental plan applicable to YTG employees.

Pension Plan

3.39 For the purposes of the Public Service Superannuation Act (Canada), the employment of an Appointed NAP Indeterminate Employee shall be deemed not to be interrupted by reason of that employee's termination of employment with Canada as a result of this Agreement and, as of the Effective Date, an Appointed NAP Indeterminate Employee shall be entitled to the provisions of the Public Service Superannuation Plan or any successor plan applicable to YTG employees.

SALARIES

3.40 An Appointed NAP Indeterminate Employee's salary on the Effective Date shall not be less than that employee's New Base Salary at the date of the offer of employment referred to in 3.4, as adjusted in accordance with any changes to that salary immediately prior to the Effective Date.

3.40.1 For greater certainty, the New Base Salary referred to in 3.40 shall account for any change in New Base Salary that occurs prior to the Effective Date as a result of, among other things, a pay equity settlement or order, the introduction of a new federal classification system or changes to the isolated posts directive, as these terms are defined and used by Canada, or the signing of any new collective agreement.

3.40.2 For greater certainty, if such a change to any element of the New Base Salary in respect of an Appointed NAP Indeterminate Employee occurs after the Effective Date with retroactive effect prior to the Effective Date, Canada will pay a retroactive lump-sum to that employee representing that portion of any increase that corresponds to that employee's period of employment with Canada prior to the Effective Date.

3.41 Where an Appointed NAP Indeterminate Employee's salary on the Effective Date exceeds the maximum amount of the salary range of the YTG position to which that employee is first appointed, that employee's salary shall remain the same until it is no longer above the maximum amount of the YTG salary range for that position or until the employee voluntarily leaves that position.

3.41.1 When the employee's salary is no longer above the maximum amount of the YTG salary range, that employee's salary shall progress through the YTG salary range in accordance with the YTG Collective Agreement or the YTG Policy and Procedures Manual Section "M".

3.42 Where an Appointed NAP Indeterminate Employee's salary on the Effective Date is within the salary range of the YTG position to which that employee is first appointed, that employee's salary shall progress through the YTG salary range in accordance with the YTG Collective Agreement or the YTG Policy and Procedures Manual Section "M".

3.43 Where an Appointed NAP Indeterminate Employee's salary on the Effective Date is below the minimum salary range of the YTG position to which that employee is first appointed, that employee's salary shall be the minimum amount of the YTG salary range and shall progress through the YTG salary range in accordance with the YTG Collective Agreement or the YTG Policy and Procedures Manual Section "M".

TERM EMPLOYEES

3.44 Without obligations of any kind on Canada or the YTG, the YTG will consider offering employment to NAP Term Employees affected by the devolution of NAP to the YTG.

3.44.1 For greater certainty, the Public Service Act (Yukon), related territorial human resource legislation and YTG policies, the YTG General Administration Manual, and the YTG Collective Agreement or the YTG Policy and Procedures Manual Section "M", as the foregoing may exist from time to time, shall apply as appropriate to a NAP Term Employee appointed by the YTG and such an employee shall not be considered to be an "employee with the Public Service of Canada whose position was transferred from the Public Service of Canada to the Yukon Government", within the meaning of those words as used in the YTG Collective Agreement.

POSITION DESCRIPTION REVIEW

3.45 As of the Effective Date, an Appointed NAP Indeterminate Employee has the right pursuant to and in accordance with the Public Service Act (Yukon) to request the YTG Public Service Commission to review the classification of that employee's position.

AMENDMENT OF CHAPTER

3.46 Provisions in this Chapter may be amended with the written consent of Canada and the YTG after a fifteen (15) day notice of the intended amendment has been given to all other Parties.

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Chapter 4 - Nap Properties, Assets, Contracts And Records

NAP PROPERTIES

4.1 As of the Effective Date, the Commissioner of Yukon shall have the administration and control of the properties listed in Section A of Appendix F (NAP Properties and Assets), save and except for any residential properties sold to employees of NAP who occupy these residential properties immediately prior to the Effective Date.

4.1.1 Where Canada is in the process of selling a residential property to an employee of NAP, Canada shall add that residential property to the Inventory of Exclusions pursuant to 2.10.

4.2 The properties referred to in 4.1 are transferred on an "as is" basis, and at no cost to the YTG.

4.3 Unless otherwise agreed by Canada and the YTG, Canada shall assign to the YTG, as of the Effective Date, the lease arrangements for the properties listed in Sections B and C of Appendix F (NAP Properties and Assets).

4.4 Canada shall continue regular, scheduled maintenance of the properties referred to in 4.1 and, where applicable, 4.3 until the Effective Date.

4.5 The properties occupied by NAP in the Yukon immediately prior to the Effective Date that are administered by the Minister of Public Works and Government Services Canada shall remain under the administration of that Minister after the Effective Date.

4.5.1 The Department of Public Works and Government Services Canada and the YTG shall, prior to the Effective Date and in consultation with DIAND, enter into commercial lease arrangements in respect of the properties which shall:

(a) take effect as of the Effective Date;

(b) provide for a minimum lease period of three (3) years, with an option for the YTG to renew for a further two (2) year period; and

(c) be based on market rents and terms and conditions equivalent to those of the NAP occupancy prior to the Effective Date.

4.5.2 The YTG shall provide the Department of Public Works and Government Services Canada with written notice no later than one (1) year prior to the expiration of a lease of its intention to exercise its right of renewal referred to in 4.5.1(b), and any such renewal shall be upon the same terms and conditions as the original lease, unless otherwise agreed by the YTG and the Department of Public Works and Government Services Canada.

4.5.3 The YTG and the Department of Public Works and Government Services Canada may negotiate further renewals of lease arrangements in respect of the properties on terms and conditions as may be agreed.

4.6 The funding for the tenancy costs, including rent, operating costs and maintenance costs, associated with the leasing of the properties referred to in 4.5 and those listed in Section C of Appendix F (NAP Properties and Assets) is included under 7.1.

4.6.1 For greater certainty, the funding referred to in 4.6 shall continue to be provided to the YTG notwithstanding that the YTG ceases to lease the properties referred to in 4.5 and those listed in Section C of Appendix F (NAP Properties and Assets).

MOVEABLE ASSETS

4.7 On the Effective Date, Canada shall transfer to the YTG the moveable assets listed in the OASIS (Oracle Fixed Assets System) and GE Capital Fleet System printouts provided on that date for DIAND Yukon Region, and all other moveable assets belonging to Canada located on or in the properties referred to in 4.1, 4.3, and 4.5.

4.7.1 No further action shall be required to effect the transfer of moveable assets referred to in 4.7.

4.7.2 The moveable assets the use of which will, either before or after the Effective Date, be dedicated to or required for the purposes of those parts of DIAND known as the Indian and Inuit Affairs Program, the Waste Management Program, the Development Assessment Process Directorate, the Pipeline Preparedness Unit and the Yukon Devolution Directorate shall be excluded from the transfer of moveable assets referred to in 4.7.

4.7.2.1 On the Effective Date, Canada shall provide to the YTG a list of the moveable assets excluded pursuant to 4.7.2.

4.8 Moveable assets referred to in 4.7 shall be transferred on an "as is, where is" basis, at no cost to the YTG and, without limiting the generality of the foregoing, Canada makes no representation and provides no warranty whatsoever in respect of:

(a) the accuracy of the printouts referred to in 4.7;

(b) the physical condition of the assets;

(c) the ability of the YTG to take full possession of the assets; and

(d) the compliance of the assets, and the compliance of any activity carried out in respect of them, with any statutory, regulatory or other standard, or with any licensing or other requirements.

4.9 Canada shall continue regular, scheduled maintenance of the moveable assets referred to in 4.7 until the Effective Date.

CONTRACTUAL ARRANGEMENTS

4.10 Prior to the Effective Date, Canada shall provide to the YTG a listing of all contracts entered into by Canada with respect to NAP, the terms of which extend beyond the Effective Date.

4.11 Canada shall assign to the YTG, as of the Effective Date, all the contracts listed pursuant to 4.10.

RECORDS

General

4.12 As of the Effective Date, Canada shall loan, provide copies of or transfer all Records under the control of DIAND necessary for the continued fulfilment by the YTG of the responsibilities transferred to it pursuant to this Agreement.

4.12.1 Six (6) months prior to the Effective Date, Canada and the YTG shall develop a list of the necessary Records.

4.12.2 Prior to the loan or provision of copies of Records to the YTG, DIAND's Records Retention and Disposition Schedules shall be applied.

4.13 The YTG shall provide Canada with reasonable notice of a request for a loan, copy or transfer of NAP Records that are not loaned, copied or transferred pursuant to 4.12.

4.14 The YTG shall, in respect of Records Loaned:

(a) maintain such Records in good order;

(b) keep such Records safe from deterioration, loss, damage or unauthorized access; and

(c) not remove, destroy, or alter such Records except in accordance with the relevant Record Retention and Disposition Schedule.

4.15 Where Canada requests in writing changes in the way a Record Loaned is managed, the YTG shall effect such changes as soon as practicable.

4.16 The YTG shall, in respect of Records Loaned, clearly separate them from any new Record compiled by the YTG after the Effective Date.

Access to Information and Protection of Privacy

4.17 For greater certainty, the Access to Information Act (Canada), the Privacy Act (Canada) and related federal legislation, and the Access to Information and Protection of Privacy Act (Yukon) and related territorial legislation apply, as the case may be, to Records Loaned, Records Copied and Records Transferred.

4.18 Notwithstanding 4.12, prior to the loan, copy or transfer of any Record to the YTG, Canada shall:

(a) remove information containing confidences of the Queen's Privy Council;

(b) subject to 4.20, remove personal information as defined by the Privacy Act (Canada); and

(c) subject to 4.22, remove information received from a third party as defined by the Access to Information Act (Canada).

4.19 Where the information referred to in 4.18 has been removed from a Record Loaned, a Record Copied or a Record Transferred, Canada shall make a notation in that Record that information has been removed.

4.20 Where a Record Loaned, Record Copied or Record Transferred contains personal information referred to in 4.18(b) but that information is required for the continued fulfilment by the YTG of the responsibilities transferred to it pursuant to this Agreement, the information shall not be removed from that Record.

4.21 The YTG shall use the personal information referred to in 4.20 only for the purpose for which the information was obtained or compiled by Canada or for a use consistent with that purpose.

4.22 Where a Record Loaned, Record Copied or Record Transferred contains third party information referred to in 4.18(c) but that information is required for the continued fulfilment by the YTG of the responsibilities transferred to it pursuant to this Agreement, the information shall not be removed from that Record.

4.23 Where third party information referred to in 4.22 is included in a Record Loaned, Record Copied or Record Transferred, the YTG shall maintain any confidentiality under which this information was provided to Canada.

4.24 Where a request is made to the YTG archivist pursuant to the Access to Information and Protection of Privacy Act (Yukon) for access to a Record Loaned, Record Copied or Record Transferred, the YTG shall consult with the Access to Information and Privacy Coordinator, DIAND, prior to responding to the request.

4.24.1 The time frame of the consultation required pursuant to 4.24 shall be consistent with the time frame set out in the Access to Information and Protection of Privacy Act (Yukon).

4.25 Where a request is made to Canada pursuant to the Access to Information Act (Canada) or the Privacy Act (Canada) for access to a:

(a) Record Loaned or Record Copied, Canada shall consult with the YTG prior to responding to the request; or

(b) Record Transferred, Canada shall refer the request to the YTG and the YTG shall consult with the Access to Information and Privacy Coordinator, DIAND, prior to responding to the request.

4.25.1 The time frame of the consultation required pursuant to 4.25(a) shall be consistent with the time frame set out in the Access to Information Act (Canada) or the Privacy Act (Canada) as the case may be.

Solicitor-Client Privilege

4.26 The federal legislation implementing this Agreement shall provide that:

(a) any Record Loaned, Record Copied or Record Transferred that is subject to solicitor-client privilege immediately prior to the Effective Date shall remain subject to solicitor-client privilege notwithstanding that the Record has been loaned, copied or transferred to the YTG; and

(b) solicitor-client privilege attaching to any Record referred to in (a) shall not be waived by the YTG without the written consent of the Minister of Indian Affairs and Northern Development and, without limiting the generality of the foregoing, the YTG shall not, without the written consent of the Minister of Indian Affairs and Northern Development:

(i) use any Record referred to in (a) in any court proceedings; or

(ii) disclose any Record referred to in (a) to anyone other than its employees and agents, subject to applicable law.

Records Loaned

4.27 Any Record Loaned shall remain the property of Canada and shall be governed by the National Archives of Canada Act (Canada), including any applicable Record Retention and Disposition Schedule.

4.28 Subject to 4.29 and 4.30, the loan period for any Record Loaned shall be from the Effective Date for a period, not exceeding the period set out in the applicable Record Retention and Disposition Schedule.

4.29 The YTG may request in writing an extension of the loan period to the Minister of Indian Affairs and Northern Development.

4.30 Upon receiving a request pursuant to 4.29, an extension of the loan period for a Record Loaned may be granted to a maximum period set out in the applicable Record Retention and Disposition Schedule, unless the Minister and the YTG agree to a longer period.

4.31 The YTG shall, when it no longer needs a Record Loaned, but before the end of the loan period, give Canada sixty (60) days notice whereupon Canada shall either request the return of the Record Loaned or authorize the YTG to dispose of it.

4.32 Upon a request made in writing by Canada to access a Record Loaned for the purpose of inspection, research, litigation or any other purpose, the YTG shall, on such terms and conditions as may be agreed upon by Canada and the YTG:

(a) grant access to the Record Loaned, at a YTG location, to employees and agents of Canada or to other persons authorized by Canada;

(b) provide a copy of the Record Loaned to Canada; or

(c) return the Record Loaned to Canada.

4.33 Where the YTG makes a copy of any Record Loaned for the purpose of returning the Record Loaned to Canada, the copy shall become a Record Copied for the purposes of this Agreement.

Records Copied

4.34 The YTG shall have custody and control of any Record Copied.

4.35 The Archives Act (Yukon), including any applicable Record Retention and Disposition Schedule, shall apply to any Record Copied.

Records Transferred

4.36 Any Non-Archival Record shall be transferred to the YTG pursuant to the applicable records disposition authority issued by the National Archives of Canada.

4.37 The Archives Act (Yukon), including any applicable Record Retention and Disposition Schedule, shall apply to any Record Transferred.

INTELLECTUAL PROPERTY

4.38 On the Effective Date, Canada shall assign to the YTG any copyright it owns in the works listed in Section D of Appendix F (NAP Properties and Assets) and transfer any associated documents.

4.38.1 No further action shall be required to effect the assignment of copyright referred to in 4.38.

4.38.2 Notwithstanding 4.38, only the copyright that may subsist in legends, annotations, sketches and other additions to maps listed in Section D of Appendix F (NAP Properties and Assets) created by NAP personnel are assigned, and any other copyright owned by Canada in maps, including topography information, is excluded from the assignment of copyright referred to in 4.38.

4.38.2.1 Nothing in 4.38.2 shall affect the validity of any license provided by Canada to the YTG for the use of any map, or prevent the YTG from obtaining such a license from Canada in relation to any map.

4.38.3 If, after this Agreement is signed, the YTG needs, for the continued fulfilment of the responsibilities transferred to it pursuant to this Agreement, to use any work in which Canada owns copyright, Canada and the YTG shall enter into arrangements to ensure that enough copies of the work will be made available to the YTG, including, but not limited to, arrangements for the assignment or licensing of copyright in such work.

4.39 On the Effective Date, Canada shall assign to the YTG any copyright it owns in the computer programs listed in Section E of Appendix F (NAP Properties and Assets), including any copyright in source and object codes.

4.39.1 No further action shall be required to effect the transfer of copyright referred to in 4.39.

4.40 Prior to the Effective Date, Canada and the YTG shall agree on which of the assignable licenses or other rights belonging to Canada in respect of computer programs listed in Section F of Appendix F (NAP Properties and Assets) shall be assigned to the YTG, and Canada shall assign such licenses or rights to the YTG as of the Effective Date in accordance with the applicable provisions of the relevant licensing or other agreement between Canada and the computer program vendor.

4.40.1 Prior to the Effective Date, Canada and the YTG may make arrangements for the assignment from Canada to the YTG of any assignable license or other right in respect of other commercially available computer programs obtained by Canada in respect of NAP (Yukon Region).

4.40.2 Where Canada assigns a license or right in respect of a computer program pursuant to 4.40 or 4.40.1, it shall transfer to the YTG, where available, the appropriate number of certificate of authenticity stickers.

4.40.3 The YTG shall, as of the Effective Date, be responsible for the payment of any annual licensing or other fees in respect of licenses and other rights assigned to it by Canada pursuant to 4.40 and 4.40.1.

4.40.4 It shall be incumbent upon the YTG to obtain licenses or other rights to use any commercially available computer program not assigned pursuant to 4.40 or 4.40.1, whether or not such program is necessary to operate a program listed in Section E of Appendix F (NAP Property and Assets).

4.41 Canada shall provide to the YTG any manual and other technical documentation used by NAP (Yukon Region) that is related to the computer programs in respect of which the copyright, licenses or other rights are assigned pursuant to 4.39 and 4.40.

4.42 Canada makes no representation and provides no warranty whatsoever in respect of the copyright in works and computer programs listed in Section D and E of Appendix F (NAP Properties and Assets).

AMENDMENT OF CHAPTER

4.43 Provisions in this Chapter, and related appendices, may be amended with the written consent of Canada and the YTG after a fifteen (15) day notice of the intended amendment has been given to all other Parties.

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Chapter 5 - Forest Resources

FIRE SUPPRESSION TRANSITION

5.1 Canada shall provide the funding referred to in 7.13 to the YTG for Fire Suppression transition.

5.2 Where, in any fiscal year within five (5) years from the Effective Date, the YTG Fire Suppression expenses within the categories listed in Section A of Appendix G (Fire Suppression) exceed $6.5 Million, as adjusted from time to time by the PAGE, Canada and the YTG shall share such expenses in excess of this amount using the following ratios:

Fire suppression transition: figure 5.2

5.2.1 Where Fire Suppression expenses are to be shared pursuant to 5.2, Canada and the YTG shall use the procedures set out in Section B of Appendix G (Fire Suppression).

5.3 Where, in a fiscal year, the YTG spends, in respect of Fire Suppression, less than $6.5 Million, as adjusted from time to time by the PAGE, the YTG may use the unexpended balance to meet its costs of future Fire Suppression.

5.4 Nothing in this Agreement shall prevent the YTG from seeking financial assistance from Canada towards unforeseen events, pursuant to the Formula Financing Agreement.

5.5 The Parties shall conduct a review of the Fire Suppression expense sharing arrangements set out in 5.2 and Section B of Appendix G (Fire Suppression) in accordance with agreed-upon terms of reference developed no later than six (6) months prior to the end of the fifth (5th) year following the Effective Date.

5.5.1 The Parties shall make best efforts to complete the review referred to in 5.5 prior to the end of the fifth (5th) year following the Effective Date.

FIRE MANAGEMENT POLICIES

5.6 Throughout the Fire Suppression expense sharing period referred to in 5.2, the YTG shall maintain in place NAP's fire suppression management policies, as they exist immediately prior to the Effective Date and as they apply to an initial attack zone identified from time to time in accordance with such policies.

5.6.1 For greater certainty, the initial attack zone shall not be greater than a total area of one-hundred and forty-five thousand and fifty square kilometers (145,050 km2) throughout the Fire Suppression expense sharing period referred to in 5.2.

FIRE REVIEW

5.7 Canada shall not impose an unfunded financial liability on the YTG arising from Canada's implementation of any recommendations from any annual fire review.

FIRE SUPPRESSION ON SETTLEMENT LAND

5.8 As of the Effective Date or the date the five (5) year period referred to in 17.8.3 of a Yukon First Nation Final Agreement expires, whichever is later, the YTG shall, unless the YTG and a First Nation agree otherwise, continue to provide, in accordance with its policies and practices and within financial and other resources available from time to time for that purpose, Fire Pre-Suppression and Fire Suppression on Settlement Land in respect of which no such commitment is made in NAP PSTA Fire Provisions.

5.9 Subject to 5.9.2, as of the Effective Date, the YTG shall be bound by, comply with, and have the rights, powers and benefits under the terms and conditions set out in NAP PSTA Fire Provisions and any contract made pursuant to these provisions, as these terms and conditions apply to Canada.

5.9.1 For greater certainty, where a contract is made pursuant to 7.6 of NAP PSTA Fire Provisions, the YTG shall provide the on-going funding for presuppression and initial attack pre-suppression services to the relevant Yukon First Nation as identified in 7.6.2 of NAP PSTA Fire Provisions.

5.9.2 Where a contract is made pursuant to 7.6 of NAP PSTA Fire Provisions, Canada shall be solely responsible for providing the funds to support onetime costs as identified in 7.6.2 of NAP PSTA Fire Provisions.

5.9.3 Where an agreement which includes provisions similar to NAP PSTA Fire Provisions is made with a Yukon First Nation after the Effective Date, Canada shall be responsible for providing funds to that Yukon First Nation to support any one-time costs up to the amount identified for that purpose in 7.6.2 of NAP PSTA Fire Provisions.

5.9.4 If, on the Effective Date, a contract has not been made pursuant to 7.6 of NAP PSTA Fire Provisions, the YTG shall not be deemed to be in breach of its obligations under 5.9 for that reason only, but the YTG shall negotiate such a contract with the relevant Yukon First Nation as soon as practicable.

5.9.5 Subject to 5.9.2, as of the Effective Date, Canada shall be deemed to be released from any obligation under NAP PSTA Fire Provisions and under any contract made pursuant to these provisions, except any obligation that, at the time immediately prior to the Effective Date, may be due but not fulfilled.

FIRE SUPPRESSION INFRASTRUCTURE

5.10 Canada shall provide the funding referred to in 7.14 to the YTG for the purposes of improving fire suppression infrastructure at Dawson City, Mayo, Haines Junction and Whitehorse.

FOREST INVENTORY

5.11 Canada shall provide the funding referred to in 7.15 to the YTG for the purposes of forest inventory and management work in the Yukon.

FOREST SECTOR FUNDING

5.12 Canada shall provide the funding referred to in 7.16 to the YTG for the purposes of forest sector activities in the Yukon.

5.12.1 Section D of Appendix B (YTG-First Nation Agreements) contains an agreement between the YTG and Yukon First Nations in respect of the management of the funding referred to in 7.16.

ELIJAH SMITH FOREST RENEWAL PROGRAM

5.13 On the Effective Date, Canada shall transfer the balance and assign all accounts receivable of the Elijah Smith Forest Renewal Program to the YTG.

5.13.1 As of the Effective Date, the YTG shall be responsible for collecting revenues under the Elijah Smith Forest Renewal Program and coordinate with Yukon First Nations and representatives of the Yukon forest industry a process to confirm the multi-year priorities under which these forest renewal funds will be used.

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Chapter 6 - Environmental Matters

PART I

DEFINITION

6.1 For the purposes of this Part, Settlement Land means:

(a) in respect of a First Nation whose Settlement Agreement or Self- Government Agreement comes into effect prior to the Effective Date, any land, or any interest in land, located in the Yukon that belongs to a First Nation pursuant to that Settlement Agreement or Self-Government Agreement, unless that land was Commissioner's Land immediately prior to the effective date of that First Nation's Settlement Agreement or Self- Government Agreement; or

(b) in respect of a First Nation whose Settlement Agreement or Self- Government Agreement comes into effect after the Effective Date, any land, or any interest in land, located in the Yukon that belongs to a First Nation pursuant to that Settlement Agreement or Self-Government Agreement, where that land is Public Land immediately prior to the Effective Date.

GENERAL PRINCIPLES

6.2 The Operator of a site is responsible for the care, maintenance and abandonment of the site in accordance with applicable law.

6.3 Subject to the provisions of this Part, Canada shall be responsible for the Remediation of any Impact attributable to an Aspect, where that Aspect exists:

(a) on Public Land, prior to the Effective Date;

(b) on Settlement Land, prior to the earlier of the date on which the land became Settlement Land or the Effective Date; or

(c) on Settlement Land that was subject to an Encumbering Right, at the time the Encumbering Right was administered by Canada.

6.4 Subject to the provisions of this Chapter, the YTG or a First Nation shall not be responsible for the Remediation of any Impact attributable to an Aspect, where that Aspect exists:

(a) on Public Land, prior to the Effective Date;

(b) on Settlement Land, prior to the earlier of the date on which the land became Settlement Land or the Effective Date; or

(c) on Settlement Land that was subject to an Encumbering Right, at the time the Encumbering Right was administered by Canada.

APPROACH TO ASSESSMENT AND REMEDIATION

6.5 Where Canada is required to perform, or where it is financially responsible for, the assessment of any site or the Remediation of any Impact pursuant to this Agreement, the assessment or Remediation required shall be determined in the manner set out in 6.6 to 6.14.

Safety Hazards

6.6 Any explosive cache, friable asbestos building materials, or hydrocarbon, acid, battery or solvent in a container shall be considered a safety hazard.

6.7 An independent professional engineer or other remediation expert hired for the purpose of assessing safety hazards at the site shall determine whether any open adit, mine shaft, vent, excavation, containment structure, dump, building, contained chemical not listed in 6.6 or other structural component resulting from authorized or unauthorized human activities is a safety hazard.

6.8 The Remediation required in respect of a safety hazard referred to in 6.6 or 6.7 shall be determined in accordance with any standards in federal legislation pertaining to that type of hazard.

6.9 Where there are no standards in federal legislation pertaining to a safety hazard referred to in 6.6, the Remediation required in respect of this Impact shall be its permanent removal or disposal.

6.10 Where there are no standards in federal legislation pertaining to a safety hazard referred to in 6.7, the Remediation required in respect of this Impact shall be determined by the independent professional engineer or remediation expert hired for the purpose of assessing safety hazards at the site.

Hazards to Human Health and the Environment

6.11 CCME Guidelines which take into consideration links to the food chain and the use of surrounding land and waters shall be used to determine whether there are hazards to human health or the environment.

6.12 The Remediation required in respect of a hazard to human health or the environment shall be determined in accordance with any standards in federal legislation pertaining to that type of hazard.

6.13 Where there are no standards in federal legislation pertaining to a hazard to human health or the environment, or where such standards do not take into consideration links to the food chain and the use of surrounding lands and water, the Remediation required in respect of this Impact shall be determined by using CCME Guidelines in conjunction with the risk assessment framework set out therein, in addition to any standards in federal legislation pertaining to that type of hazard.

6.14 Where there are no standards in federal legislation pertaining to a hazard to human health or the environment, or where such standards do not take into consideration links to the food chain and the use of surrounding lands and water, and where CCME Guidelines do not exist or apply to that hazard, the Remediation required in respect of this Impact shall be determined in a manner consistent with the risk assessment framework within the CCME Guidelines, in addition to standards in federal legislation pertaining to that type of hazard.

6.14.1 In determining the Remediation required in accordance with 6.14, the YTG and any Affected First Nation shall be Consulted on appropriate standards and guidelines, including those set out in the Environment Act (Yukon) or a First Nation's environmental legislation.

TREATMENT OF SITES

Final Inventory of Sites

6.15 As soon as practicable after the Effective Date, Canada shall provide to the other Parties a final inventory of sites consisting of Sections A (Remediated Sites), B (Sites Not Requiring Remediation), C (Sites Requiring Assessment), D (Sites Requiring Remediation) and G (Contained Sites) of Appendix H (Inventory of Sites) which Canada may have varied for the purpose of:

(a) adding a site not listed in Appendix H (Inventory of Sites) to Section A, B, C, D or G;

(b) moving a site from Section C to Section A, B, D or G;

(c) moving a site from Section D to Section A or G; or

(d) removing a site listed in Section A, B, C, D or G because there is an Operator in respect of that site on the Effective Date.

Non-Issuance of Rights

6.16 Unless otherwise agreed by Canada and the YTG, any prohibition order made pursuant to the Yukon Placer Mining Act (Canada) or the Yukon Quartz Mining Act (Canada) which is in effect immediately prior to the Effective Date in respect of a site listed in Section D (Sites Requiring Remediation) of the Final Inventory of Sites shall, as of the Effective Date, be replaced pursuant to applicable territorial legislation and shall remain in effect at least until Canada notifies the YTG pursuant to 6.32 that all Impacts at the site have been Remediated.

6.16.1 If, without the agreement of Canada, a prohibition order is not replaced pursuant to 6.16 or does not remain in effect in respect of a site until Canada notifies the YTG that all Impacts at a site have been Remediated, Canada shall be deemed to be released of any further obligation in relation to that site and may cease any assessment or Remediation at that site.

6.17 Where the YTG or a First Nation grants or issues any lease, license, permit or other interest or authorization, other than a mineral claim, that interferes with Canada's ability to assess or Remediate a Site Requiring Assessment or a Site Requiring Remediation that is an Abandoned Site, this site shall no longer be considered to be a Site Requiring Assessment or Site Requiring Remediation and, when it again becomes an Abandoned Site, shall be considered to be a Newly-Discovered Site.

6.17.1 Notwithstanding 6.17, in respect of a Site Requiring Assessment or a Site Requiring Remediation that is an Abandoned Site, if the YTG or a First Nation grants or issues any lease, license, permit or other interest or authorization that it has the discretion not to grant or issue and where the lease, license, permit or other interest or authorization issued or granted interferes with Canada's ability to assess or Remediate the site, Canada shall, unless otherwise agreed by Canada, be deemed to be released of any further obligation in relation to that site and it may cease any assessment or Remediation at that site.

Sites Requiring Assessment

6.18 Canada shall assess any Site Requiring Assessment and shall determine that the site is a Site Requiring Remediation if it is of the opinion that there is an Impact at the site which is attributable to an Aspect which existed:

(a) on Public Land, prior to the Effective Date;

(b) on Settlement Land, prior to the earlier of the date on which the land became Settlement Land or the Effective Date; or

(c) on Settlement Land that was subject to an Encumbering Right, at the time the Encumbering Right was administered by Canada.

Sites Requiring Remediation

6.19 Canada shall Remediate any Impact at a Site Requiring Remediation, if such an Impact is attributable to an Aspect which existed:

(a) on Public Land, prior to the Effective Date;

(b) on Settlement Land, prior to the earlier of the date on which the land became Settlement Land or the Effective Date; or

(c) on Settlement Land that was subject to an Encumbering Right, at the time the Encumbering Right was administered by Canada.

6.19.1 Notwithstanding 6.19, Canada shall not be required to Remediate an Impact in respect of which it has been expressly released by:

(a) the YTG, where the Impact is located on Public Land; or

(b) a First Nation, where the Impact is located on that First Nation's Settlement Land.

6.19.2 Notwithstanding 6.19, Canada shall not be required to Remediate any Impact at a Site Requiring Remediation where, after the commitment made at 6.39 is no longer applicable, the YTG or a First Nation could reasonably have taken measures, based on the monitoring requirements referred to in 6.31, that would have prevented the Impact from occurring.

6.19.3 Notwithstanding 6.19, Canada shall not be required to Remediate any Impact at any Newly-Discovered Site that becomes a Site Requiring Remediation where, after the Effective Date, the YTG or a First Nation could reasonably have taken measures that would have prevented the Impact from occurring.

Sites Requiring Remediation on Sites Subject to Mineral Claims

6.20 Where Canada is required to Remediate, pursuant to 6.19, Impacts at a site subject to a mineral claim, Canada shall either:

(a) Remediate the Impacts at the site;

(b) provide a payment to the YTG equivalent to an agreed-to estimation of the cost of Remediating the Impacts at the site in accordance with a plan agreed to by Canada and the YTG in Consultation with any Affected First Nation; or

(c) Remediate some of the Impacts at the site and provide a payment to the YTG equivalent to an agreed-to estimation of the cost of Remediating the remaining Impacts at the site in accordance with a plan agreed to by Canada and the YTG in Consultation with any Affected First Nation.

6.20.1 Prior to making a decision pursuant to 6.20, Canada shall Consult with the YTG and any Affected First Nation and seek the input of the holder of the mineral claim regarding the Remediation option to be selected, including the cost of the Remediation required.

6.21 Upon making a payment pursuant to 6.20(b) or (c) in respect of an Impact at a site, Canada shall be deemed to be released of any further responsibility for the Remediation of that Impact.

6.22 Subject to 6.22.1, where a payment is made to the YTG pursuant to 6.20(b) or (c) in respect of a site, the YTG shall, when the site is no longer subject to a mineral claim, Remediate Impacts at that site in accordance with the Remediation plan referred to in 6.20(b) or (c) using the funds provided by Canada.

6.22.1 The YTG may conduct the Remediation referred to in 6.22:

(a) while the site is subject to a mineral claim, following Consultation with any Affected First Nation and after seeking the input of the holder of any mineral claim at that site; or

(b) in accordance with a plan other than the Remediation plan referred to in 6.20(b) or (c) which meets the same objectives as the Remediation Plan referred to in 6.20(b) or (c), if agreed by the YTG and any Affected First Nation.

Newly-Discovered Sites

6.23 After the Effective Date, in respect of any Newly-Discovered Site that is an Abandoned Site, the YTG or an Affected First Nation may provide Canada with evidence that any Impact at this site requires Remediation by Canada.

6.23.1 The YTG or Affected First Nation providing evidence to Canada pursuant to 6.23 shall notify the YTG and any Affected First Nation, as appropriate.

6.24 Canada shall review the evidence provided pursuant to 6.23 with the YTG and any Affected First Nation and shall determine that the Newly-Discovered Site is a Site Requiring Assessment if it is of the opinion that the Impact is attributable to an Aspect which existed:

(a) on Public Land, prior to the Effective Date;

(b) on Settlement Land, prior to the earlier of the date on which the land became Settlement Land or the Effective Date; or

(c) on Settlement Land that was subject to an Encumbering Right, at the time the Encumbering Right was administered by Canada.

6.25 Canada shall notify the YTG and any Affected First Nation whether or not it has determined pursuant to 6.24 that a Newly-Discovered Site is a Site Requiring Assessment.

6.26 Where Canada determines pursuant to 6.24 that a Newly-Discovered Site is not a Site Requiring Assessment, and either the YTG or an Affected First Nation does not agree with Canada's determination, the matter may be referred to the dispute resolution mechanism set out in 6.27 and 6.28.

6.27 A dispute resolution panel shall be constituted of three (3) members, selected as follows:

(a) one (1) expert representative selected by the party or parties challenging Canada's determination;

(b) one (1) expert representative selected by Canada; and

(c) one (1) independent expert selected by the representatives referred to in (a) and (b).

6.28 The dispute resolution panel shall review available documentation regarding the Newly-Discovered Site and shall determine that this site is a Site Requiring Assessment if at least two (2) of its members conclude that the Impact is attributable to an Aspect which existed:

(a) on Public Land, prior to the Effective Date;

(b) on Settlement Land, prior to the earlier of the date on which the land became Settlement Land or the Effective Date; or

(c) on Settlement Land that was subject to an Encumbering Right, at the time the Encumbering Right was administered by Canada.

6.29 The independent expert referred to in 6.27(c) shall notify Canada, the YTG and any Affected First Nation, as appropriate, of the determination of the dispute resolution panel.

6.30 Each party to the dispute shall pay for its own costs and shall share equally the costs associated with the independent expert referred to in 6.27(c).

6.30.1 If more than one party is challenging Canada's determination, each of these parties shall share equally the costs associated with the expert representative selected pursuant to 6.27(a).

Notification and Reports

6.31 Where Canada believes that a Site Requiring Remediation requires monitoring, it shall, as soon as practicable, provide a notice of any monitoring requirements

(a) the YTG, where the site is located on Public Land; or

(b) a First Nation, where the site is located on that First Nation's Settlement Land.

6.32 As soon as practicable after assessment or Remediation of a site, Canada shall notify the YTG and any Affected First Nations that:

(a) it has determined pursuant to 6.18 that there are no Impacts requiring Remediation at a site;

(b) it has determined that the site is a Site Requiring Remediation;

(c) all Impacts at a site have been Remediated pursuant to 6.19 or 6.20(a);or

(d) some Impacts at a site have been Remediated pursuant to 6.20(c).

6.32.1 If a site is a Contained Site, the notice referred to in 6.32 shall specify the time period during which the warranty set out in 6.34 shall apply to that site, which period shall not be less than the engineered life-span of the Remediation as certified by the professional engineer or other remediation expert responsible for the Remediation project.

6.32.2 Where there is residual contamination at a Site not Requiring Remediation or a Remediated Site, where a site is a Contained Site or where improvements at a Site not Requiring Remediation or a Remediated Site require monitoring, care or maintenance, Canada shall, along with the notice referred to in 6.32, provide:

(a) a summary report of the Remediation performed;

(b) information on the nature and level of any residual contamination;

(c) information on any containment structure that was used; and

(d) information on any recommended monitoring, care or maintenance activities.

6.31 At the request of the YTG or a First Nation, Canada shall provide any existing report in its possession related to any Site not Requiring Remediation or any Remediated Site.

Warranty

6.34 Canada warrants that:

(a) at any site listed in Section B (Sites not Requiring Remediation) of the Final Inventory of Sites, there are no Impacts requiring Remediation pursuant to 6.6 to 6.14, as these provisions would have applied on the date it was determined there were no Impacts requiring Remediation at that site;

(b) at any other Site not Requiring Remediation, there are no Impacts for which Canada is responsible pursuant to this Agreement that require Remediation pursuant to 6.6 to 6.14, as these provisions apply on the date the notice referred to in 6.32 is given;

(c) at any site listed in Sections A (Remediated Sites) or G (Contained Sites) of the Final Inventory of Sites, all Impacts requiring Remediation pursuant to 6.6 to 6.14, as these provisions would have applied on the date it was determined that all Impacts had been Remediated at that site, have been identified;

(d) at any other Remediated Site, all Impacts for which Canada is responsible pursuant to this Agreement that require Remediation pursuant to 6.6 to 6.14, as these provisions apply on the date the notice referred to in 6.32 is given, have been identified;

(e) at any site listed in Sections A (Remediated Sites) or G (Contained Sites) of the Final Inventory of Sites, all Impacts identified by Canada have been Remediated in accordance with 6.6 to 6.14, as these provisions would have applied on the date it was determined that all Impacts had been Remediated at that site; and

(f) at any other Remediated Site, all Impacts identified by Canada and for which Canada is responsible pursuant to this Agreement have been Remediated in accordance with 6.6 to 6.14, as these provisions apply on the date the notice referred to in 6.32 is given.

6.35 The warranty set out in 6.34(e) and (f) shall no longer apply in respect of an Impact identified and Remediated by Canada at a Remediated Site, or part thereof, where, after the Effective Date, in respect of sites listed in Sections A (Remediated Sites) or G (Contained Sites) of the Final Inventory of Sites, or, in respect of any other Remediated Site, after the date on which the notice referred to in 6.32 is given:

(a) the YTG or a First Nation issues or grants any authorization, permit or other right allowing activities to be conducted that adversely affect the condition of that site or part thereof;

(b) the YTG or a First Nation conducts activities that adversely affect the condition of that site or part thereof; or

(c) activities that adversely affect the condition of that site or part thereof are conducted without the YTG's or a First Nation's necessary authorization.

6.36 The warranty set out in 6.34(e) and (f) shall no longer apply in respect of an Impact identified and Remediated by its containment at a Contained Site after the time period set out for that site in the Final Inventory of Sites starting on the Effective Date, or the time period provided by Canada for that site pursuant to 6.32.1.

6.37 Canada shall not be required to Remediate any Impact in respect of which the warranty set out in 6.34 is inapplicable or has expired pursuant to 6.35 or 6.36.

6.38 Where the YTG or a First Nation believes that the condition of a site does not meet the warranty set out in 6.34, the YTG or the First Nation shall, before seeking any other redress, request that Canada Remediate Impacts at that site.

6.38.1 Canada shall determine that a site is a Site Requiring Remediation where it agrees that the condition of a site does not meet the warranty set out in 6.34.

Monitoring, Care and Maintenance

6.39 For a period of ten (10) years following the Effective Date, the NAP Waste Management Program shall continue to provide for the monitoring, care and maintenance required at any Site Requiring Remediation or Remediated Site as identified in the notices provided pursuant to 6.31 and 6.32.2(d).

6.40 The commitment set out in 6.39 shall no longer apply in respect of any Site Requiring Remediation or Remediated Site, or part thereof, where:

(a) the YTG or a First Nation issues or grants any authorization, permit or other right allowing activities to be conducted that interferes with or adversely affects the monitoring, care and maintenance of that site or part thereof;

(b) the YTG or a First Nation conducts activities that interfere with or adversely affect the monitoring, care and maintenance of that site or part thereof; or

(c) activities that interfere with or adversely affect the monitoring, care and maintenance of that site or part thereof are conducted without the YTG's or a First Nation's necessary authorization.

Remediation Priority-Setting and Funding

6.41 As of the Effective Date, Canada shall have in place a NAP Waste Management Committee and a NAP Waste Management Technical Committee.

6.41.1 The terms of reference of the NAP Waste Management Committee and the NAP Waste Management Technical Committee shall be as set out in Appendix I (NAP Waste Management Committees) but do not form part of this Agreement.

6.42 Canada shall, after seeking the input of the NAP Waste Management Technical Committee and, if necessary, of the NAP Waste Management Committee, determine the order of priority for Remediation of Sites Requiring Remediation.

6.43 Canada shall set aside $2.0 Million each fiscal year, to be managed by the NAP Waste Management Program, for a ten (10) year period after the Effective Date to meet its responsibilities under this Part, other than those related to Type II Sites.

6.43.1 If, in a fiscal year, Canada spends less than $2.0 Million in meeting the responsibilities referred to in 6.43, Canada shall, where it determines that it is necessary to meet those responsibilities, make available to the Waste Management Program, in a subsequent fiscal year, some or all of the funds not spent in that fiscal year.

6.44 Canada may, after Consultation with the NAP Waste Management Committee and, within the $20 Million funding limit identified in 6.43, extend the period of time referred to in 6.43 or change the priority of sites to be assessed or Remediated, or do both.

6.45 In the fifth (5th) year after the Effective Date, Canada shall review with the YTG and First Nations:

(a) any impacts of Newly-Discovered Sites upon Canada's commitments under 6.43, including financial support levels for assessment or Remediation; and

(b) any on-going monitoring, care and maintenance requirements at any Site Requiring Remediation or Remediated Site.

6.45.1 Following the review, any changes to Canada's commitments under 6.43 shall be determined by Canada.

TYPE I SITES

6.46 As of the Effective Date, Canada shall be deemed to be released of any responsibility for Remediation at sites listed in Section E (Type I Sites) of Appendix H (Inventory of Sites).

TYPE II SITES

Cooperation and Process

6.47 Canada, the YTG and any Affected First Nation shall cooperate in addressing Type II Sites.

6.48 Where Canada, the YTG or any Affected First Nation so request by notice, Canada, the YTG or the Affected First Nation, as appropriate, shall designate, as soon as practicable, an official to act as a contact person in relation to a Type II Site.

6.49 Canada or the YTG shall, in respect of a Type II Site, notify the other and any Affected First Nation as soon as:

(a) it becomes aware that an Operator has applied for relief under the Bankruptcy and Insolvency Act (Canada), the Companies' Creditors Arrangement Act (Canada) or other similar legislation;

(b) it becomes aware that a receiver, interim receiver or trustee in bankruptcy has been appointed over all or part of the assets at a site;

(c) it becomes aware that the holder of a charge, encumbrance, lien or claim against the assets of the site has taken steps to realize upon such interest;

(d) the YTG is of the view, pursuant to territorial legislation mirroring subsections 39(1) of the Yukon Waters Act (Canada), 114(1) of the Yukon Placer Mining Act (Canada) or 151(1) of the Yukon Quartz Mining Act (Canada), that the site has been temporarily or permanently abandoned; or

(e) it otherwise becomes aware that the site may become an Abandoned Site.

6.49.1 Where a notice has been given pursuant to 6.49, officials designated pursuant to 6.48 may discuss the manner of addressing the Type II Site, including such matters as:

(a) options to address potential safety hazards or hazards to human health and the environment at the site;

(b) any proposed interim actions pursuant to 6.53 to 6.57;

(c) circumstances under which Canada, the YTG and any Affected First Nations could agree that the site is an Abandoned Site pursuant to 6.68; and

(d) the hiring of an independent assessor and the development of terms of reference for that independent assessor pursuant to 6.58.

Initial Assessment

6.50 The Parties acknowledge that an initial assessment of each Type II Site has been performed by an independent assessor selected by the Parties and that baseline information on the condition of each site at the time of assessment, including site Aspects and site Impacts identified by the assessor, has been provided to the Parties.

6.51 The Parties acknowledge that a statement of security useable and available for the purposes of Remediation of Type II sites has been provided to the Parties by Canada.

6.52 Up to the Effective Date, Canada shall advise the Parties of any change to the information referred to in 6.50 and 6.51 as soon as practicable after Canada is aware of any such change.

Interim Actions

6.53 Where, after the Effective Date and before a Type II Site becomes an Abandoned Site, the YTG takes action in respect of that site pursuant to territorial legislation mirroring subsections 39(1) of the Yukon Waters Act (Canada), 114(1) of the Yukon Placer Mining Act (Canada) or 151(1) of the Yukon Quartz Mining Act (Canada), Canada, the YTG and any Affected First Nation shall, if the YTG anticipates Canada would be responsible for some costs associated with such action, choose an independent assessor, to be paid for by the YTG, to make the assessment referred to in 6.53.1 as soon as practicable, either before or after any action is taken.

6.53.1 For the purpose of 6.60, the independent assessor shall assess the costs, in accordance with federal contracting policies, associated with actions referred to in 6.53 as these actions relate to Remediation of any Impact attributable to an Aspect which existed prior to the Effective Date on Public Land or Settlement Land.

6.53.2 In making the assessment pursuant to 6.53.1, the independent assessor shall take into account, amongst other things, the costs of any action of an interim nature related to Remediation.

6.53.3 Notwithstanding 6.60, Canada shall have no responsibility in relation to costs associated with actions referred to in 6.53, where no assessment is made pursuant to 6.53.1 in respect of those actions.

6.53.4 Where the YTG intends to take action pursuant to 6.53 and where it anticipates that Canada will be responsible for some costs associated with such action, it shall, except in emergencies, Consult with Canada and any Affected First Nations on any action to be taken.

6.53.5 Nothing in 6.53 shall be construed so as to limit the powers of the YTG as the regulator.

6.54 Where the YTG expends funds pursuant to 6.53, Canada may, at the request of the YTG, provide it with a payment of an amount no greater than the costs assessed pursuant to 6.53.1, in advance of agreement to the schedule of payments referred to in 6.61.

6.55 Where the YTG expends funds pursuant to 6.53 and an assessment is made pursuant to 6.53.1 in respect of some of the actions taken by the YTG, the YTG shall, unless Canada agrees otherwise, make best efforts to recover any debt owed to the Commissioner of Yukon in respect of such actions pursuant to territorial legislation mirroring subsections 39(2) of the Yukon Waters Act (Canada), 114(2) of the Yukon Placer Mining Act (Canada) or 151(2) of the Yukon Quartz Mining Act (Canada).

6.56 Where a receiver, interim receiver, trustee in bankruptcy or care and maintenance activities at a Type II Site are being financially supported by Canada prior to the Effective Date, Canada shall, after the Effective Date, at its sole discretion, continue to contribute to the costs of these activities.

6.56.1 For greater certainty, any reduction in the support referred to in 6.56 shall not result in an unfunded financial liability for the YTG.

6.56.2 Prior to reducing the support referred to in 6.56, Canada shall Consult with the YTG and any Affected First Nation.

6.57 In the event that a receiver, interim receiver or trustee in bankruptcy is appointed, or care and maintenance activities are conducted in respect of a Type II Site after the Effective Date, Canada shall, at the request of the YTG or an Affected First Nation, consider providing financial support for the receiver, interim receiver, trustee in bankruptcy or care and maintenance activities, at its sole discretion.

6.57.1 Nothing in 6.57 shall be construed so as to create an obligation for Canada to provide financial support with respect to any receiver, interim receiver or trustee in bankruptcy or care and maintenance activities.

Assessment

6.58 Where, after the Effective Date, a Type II Site becomes an Abandoned Site, Canada and the YTG, in Consultation with any Affected First Nation, shall choose an independent assessor and agree upon terms of reference for the assessment of the condition of that site and the development of a Remediation plan by the independent assessor.

6.58.1 The terms of reference agreed upon pursuant to 6.58 shall require the independent assessor to determine:

(a) the Remediation required in respect of any Impact attributable to any Aspect identified in the baseline information referred to in 6.50;

(b) the Remediation required in respect of any Impact attributable to any Aspect not identified in the baseline information referred to in 6.50, where that Aspect existed prior to the Effective Date on Public Land or Settlement Land; and

(c) a Remediation plan and a time frame for the Remediation at the site.

6.58.2 The terms of reference agreed upon pursuant to 6.58 shall require the independent assessor to assess:

(a) the estimated total cost of the Remediation at the site;

(b) the estimated cost of performing the Remediation determined pursuant to 6.58.1(a) and (b), including the estimated cost of care, maintenance and monitoring, in accordance with federal contracting policies;

(c) the estimated care and maintenance costs necessary to ensure, from the date the site becomes an Abandoned Site to the scheduled starting date of Remediation, as identified in the Remediation plan, that the site complies with authorizations previously applicable in respect of any Aspect existing prior to the Effective Date on Public Land or Settlement Land;

(d) the value, at the date of assessment, of the amount of security for that site identified at 6.51 that is useable and available for Remediation purposes, including any growth in the value of that security;

(e) the amount of security expended by the YTG for Remediation, in accordance with 6.6 to 6.14, in respect of any Impact attributable to any Aspect which existed prior to the Effective Date on Public Land or Settlement Land;

(f) any increase in the cost of the Remediation determined pursuant to 6.58.1(a) and (b) resulting from any action by the YTG or a First Nation on whose Settlement Land a site is located, excepting any interim or other Remediation action, or from a failure to take appropriate regulatory action by the YTG or a First Nation; and

(g) the amount of any proceeds derived by the YTG from the disposition of a Type II Site or part thereof, or of any assets related to that site, except:

 (i) any proceeds realized to satisfy a claim, other than for Remediation costs, secured by a mortgage, charge, lien or other privilege that ranks above claims for Remediation costs, and

 (ii) an amount in proportion to any proceeds realized to satisfy claims, other than for Remediation costs, due before the site became an Abandoned Site which take the same rank as claims for Remediation costs, which proportion shall be the same as the proportion of such claims to the sum of those claims and claims for Remediation costs taking that rank.

6.59 The cost of the independent assessor chosen pursuant to 6.58 shall be paid for by the YTG.

Payment and Remediation

6.60 Canada shall be responsible for the costs identified pursuant to 6.53.1 and 6.58.2(b) and (c) less a deduction calculated pursuant to 6.60.1.

6.60.1 Unless otherwise agreed by Canada and the YTG in respect of (a) and (b), the deduction referred to in 6.60 shall consist of the sum of:

(a) any funds provided by Canada pursuant to 6.54;

(b) an amount in proportion to the amount of any funds recovered pursuant to 6.55 relating to the costs assessed pursuant to 6.53.1, which proportion shall be the same as the proportion of the funds recovered pursuant to 6.55 to the total expenditures of the YTG on actions taken pursuant to 6.53;

(c) an amount in proportion to the amount identified pursuant to 6.58.2(g), which proportion shall be the same as the proportion of the sum of the costs identified pursuant to 6.53.1 and 6.58.2(b) and (c) to the sum of the total expenditures of the YTG on actions taken pursuant to 6.53 and the amount identified pursuant to 6.58.2(a);

(d) the value of the security identified pursuant to 6.58.2(d) less the amount identified pursuant to 6.58.2(e);

(e) any security collected by the YTG pursuant to 6.74 in respect of any Aspect existing prior to the Effective Date on Public Land or Settlement Land;

(f) any increase in costs identified pursuant to 6.58.2(f); and

(g) any other costs that may be agreed to by Canada and the YTG.

6.61 Canada and the YTG shall agree to a schedule of payments from Canada to the YTG for the Remediation at a Type II Site in accordance with the Remediation plan and timeframe determined pursuant to 6.58.1(c).

6.62 The YTG shall complete or ensure the completion of the Remediation at a Type II Site in accordance with the Remediation plan and the schedule of payments, and, to the extent possible, within the timeframe determined pursuant to 6.58.1(c) and shall do so in Consultation with any Affected First Nation.

6.63 Upon payment of the amount determined pursuant to 6.60, Canada shall be released of any obligations to Remediate the site in respect of which the payment has been made.

Other Arrangements

6.64 Where an arrangement in respect of a Type II Site is made after the date this Agreement is signed, it may include provisions inconsistent with the framework for addressing such sites as set out in this Chapter, if such provisions are agreed upon by Canada, the YTG and any Affected First Nation.

COOPERATION ON SITE ASSESSMENT AND REMEDIATION

6.65 Canada, the YTG and First Nations shall cooperate in the scheduling of any assessment or Remediation required pursuant to this Part.

6.66 Canada, the YTG and First Nations shall provide to any other Party, at no cost, all licenses, permits and other authorizations, related to carrying out any monitoring, care, maintenance, assessment or Remediation pursuant to this Part.

6.66.1 Canada and the YTG shall apply for the licenses, permits and other authorizations in a timely manner and in accordance with all applicable procedures.

6.67 Canada, the YTG and First Nations shall provide to any other Party, at no cost, access to any records and financial information in their possession related to carrying out any monitoring, care, maintenance, assessment or Remediation pursuant to this Part.

ABANDONED SITES

6.68 Canada, the YTG and any Affected First Nation may agree that a Newly- Discovered Site or a Type II Site is an Abandoned Site for the purposes of this Part after considering relevant factors including:

(a) the nature of any known Impact at the site;

(b) whether or not a valid lease, license, permit or other interest or authorization other than a mineral claim exists with respect to a Newly- Discovered Site or Type II Site;

(c) whether or not an interest or authorization referred to in (b) can be cancelled, modified or otherwise altered by the YTG or a First Nation;

(d) whether or not it is reasonably foreseeable that the Remediation at the site can be performed by a party that is legally responsible;

(e) whether or not it is reasonably foreseeable that funds for Remediation at the site can be obtained from a party that is legally responsible; and

(f) whether or not reasonable efforts have been made by the YTG or, if the site is located on Settlement Land, by a First Nation, to ensure that a party that is legally responsible pays for or performs Remediation at the site.

6.69 Where Remediation is performed under this Agreement on a site that Canada, the YTG and any Affected First Nation agree is an Abandoned Site pursuant to 6.68, the YTG or the First Nation shall make best efforts, unless Canada agrees otherwise, to recover any debt owed to it in respect of that site, and shall provide to Canada any funds recovered in respect of Remediation for which Canada is responsible pursuant to this Part less any costs incurred by the YTG or the First Nation in recovering such funds.

ACTIVE SITES

6.70 Prior to the Effective Date, in relation to Active Sites, Canada shall provide the YTG and any Affected First Nation with any available reports on non-compliance of Operators with terms and conditions of applicable authorizations, legislation and regulations.

6.71 Up to the Effective Date, in relation to Active Sites, Canada shall continue to make best efforts to ensure that all Operators are in compliance with applicable authorizations, legislation and regulations.

6.72 Canada certifies that, to the best of its knowledge, it has met its responsibilities regarding enforcement of authorizations, legislation and regulations in respect of Active Sites, as at the time of last inspection by Canada.

SECURITY

6.73 Prior to the Effective Date, Canada shall, where appropriate, continue to make best efforts to ensure that security is set aside by Operators to cover the costs for care, maintenance and abandonment of Active Sites.

6.74 After the Effective Date, the YTG shall, where appropriate, make best efforts to ensure that security is set aside by Operators to cover the costs for care, maintenance and abandonment of Active Sites.

6.75 Any security available to the YTG for the care, maintenance and abandonment of a site shall reduce the cost attributable to Canada related to its responsibility for Remediation, where that security is held in relation to Aspects existing:

(a) on Public Land, prior to the Effective Date;

(b) on Settlement Land, prior to the earlier of the date on which the land became Settlement Land or the Effective Date; or

(c) Settlement Land that was subject to an Encumbering Right, at the time the Encumbering Right was administered by Canada.

COSTS OF PARTICIPATION

6.76 Unless otherwise agreed, participation in any of the processes set out in this Part shall be at the expense of each participating party.

CONTRACTS

6.77 Subject to federal legislation and policies related to the contracting of services, as may exist from time to time, Canada shall solicit the interest of Yukon-based expertise and equipment for any Remediation undertaken by Canada pursuant to this Part.

6.78 Subject to territorial legislation and policies related to the contracting of services, as may exist from time to time, the YTG shall solicit the interest of Yukon-based expertise and equipment for any Remediation undertaken by the YTG pursuant to this Chapter.

PART II

DEFINITIONS

6.79 For the purposes of this Part,

Abandoned Site: means a site containing a Contaminant or New Contaminant or a site where an Aspect is located, and in respect of which there is no Operator.

Aspect: means any component of a site, including any construction or work added to or deposited on a site and any alteration of the natural condition of a site resulting from authorized or unauthorized human activities, but does not include a Contaminant or a New Contaminant.

First Nation: means a First Nation on whose Settlement Land a Contaminant, New Contaminant or Aspect is located.

Operator: means

(a) the holder of a lease, licence, permit or other interest or authorization in respect of a site, other than a mineral claim and any interest therein;

(b) a federal or territorial department, agency or agent corporation for whom land at a site is reserved by entry in the YTG property records; or

(c) any other party legally responsible, otherwise than under this Agreement for the care, maintenance or abandonment of a site, but does not include a Responsible Party.

APPLICATION

6.80 This Part applies, after the Effective Date, to Abandoned Sites located on Settlement Land, but does not apply to Type II sites.

6.81 Nothing in this Part shall be construed so as to define or interpret any provision of Part I of this Chapter or to create any obligation or liability for Canada or otherwise affect any obligation or liability of Canada.

6.82 Nothing in Part I of this Chapter shall be construed so as to define or interpret any provision of this Part, unless specifically provided otherwise in this Part.

GENERAL PRINCIPLES

6.83 Subject to the provisions of this Part, a Responsible Party shall be responsible for the assessment and Remediation of any Impact attributable to a Contaminant or a New Contaminant where:

(a) a Responsible Party can be identified by the YTG in relation to the Contaminant or New Contaminant; and

(b) the First Nation has not displaced, through its laws, Part 9 of the Environment Act (Yukon) or any regulations made pursuant to that Part.

6.8 Subject to the provisions of this Part, the YTG shall not be responsible for the assessment or Remediation of any Impact attributable to a Contaminant or New Contaminant where:

(a) a Responsible Party has been identified by the YTG in relation to that Contaminant or New Contaminant; and

(b) the First Nation has displaced, through its laws, Part 9 of the Environment Act (Yukon) or any regulations made pursuant to that Part.

6.85 Subject to the provisions of this Part, if the YTG identifies a Responsible Party in relation to a Contaminant or New Contaminant and the First Nation has not displaced, through it laws, Part 9 of the Environment Act (Yukon) or any regulations made pursuant to that Part, and if the YTG determines that it will not be able to successfully take action to require the Responsible Party to assess or Remediate any Impact attributable to the Contaminant or New Contaminant, the YTG shall be responsible for the assessment and Remediation of any Impact attributable to the Contaminant or New Contaminant, as provided for in 6.86.

6.86 Subject to the provisions of this Part, the YTG shall be responsible for the assessment and Remediation of any Impact attributable to a Contaminant, New Contaminant or Aspect where:

(a) in the case of a Contaminant, New Contaminant or Aspect located on Settlement Land other than Settlement Land that is or was subject to an Encumbering Right,

(i) the New Contaminant was present in the land prior to the effective date of that First Nation's Settlement Agreement,

(ii) the Contaminant was released onto the land while the Commissioner of Yukon had administration and control of the land, or

(iii) the Aspect was established on the land while the Commissioner of Yukon had administration and control of the land; or

(b) in the case of a Contaminant, New Contaminant or Aspect located on Settlement Land that was subject to an Encumbering Right,

(i) the New Contaminant was present in the land prior to the expiration of the Encumbering Right,

(ii) the Contaminant was released onto the land while the YTG had administration of the Encumbering Right, or

(iii) the Aspect was established on the land while the YTG had administration of the Encumbering Right.

6.87 Notwithstanding 6.86, the YTG shall not be responsible for assessment or Remediation of an Impact described in 6.86

(a) if the YTG has been expressly released by the First Nation in respect of that Impact; or

(b) if Canada has been expressly released by the First Nation in respect of that Impact, as contemplated in 6.19.1(b).

6.88 Notwithstanding 6.86, the YTG shall not be responsible for assessment or Remediation where a First Nation could reasonably have taken measures that would have prevented the Impact from occurring.

APPROACH TO ASSESSMENT AND REMEDIATION

6.89 Where a First Nation believes that an Impact is attributable to a Contaminant, New Contaminant or Aspect, it may so notify the YTG in accordance with 6.90.

6.90 A notification from a First Nation to the YTG pursuant to 6.89 shall be in writing and shall include:

(a) evidence of the Contaminant, New Contaminant or Aspect;

(b) evidence of the Impact; and

(c) any information the First Nation has respecting present and historical land use at the site that may be related to the Contaminant, New Contaminant or Aspect.

6.91 The YTG shall review the information provided by the First Nation pursuant to 6.90 and where it concludes that there is or may be an Impact, it shall determine:

(a) in the case of an Impact attributable to a Contaminant or New Contaminant,

(i) if a Responsible Party can be identified in relation to the Contaminant or New Contaminant, or

(ii) if a Responsible Party cannot be identified in relation to the Contaminant or New Contaminant, whether the YTG is responsible for assessment at the site pursuant to 6.86; or

(b) in the case of an Impact attributable to an Aspect, if the YTG is responsible for assessment at the site pursuant to 6.86.

6.92 Where the YTG identifies a Responsible Party pursuant to 6.91 and the First Nation has not displaced, through its laws, Part 9 of the Environment Act (Yukon) or any regulations made pursuant to that Part, any assessment or Remediation required in relation to the Impact shall be undertaken as provided for in the Environment Act (Yukon).

6.93 Where the YTG determines that it is responsible for assessment pursuant to 6.91, the YTG shall conduct a site assessment,

(a) as described in the Environment Act (Yukon), in the case of an Impact attributable to a Contaminant or New Contaminant; or

(b) as described in 6.6 and 6.7, in the case of an Impact attributable to an Aspect.

6.94 Where a site assessment indicates that the Impact at the site:

(a) has caused or is likely to cause unsafe conditions or irreparable damage to the natural environment; or

(b) has caused or is likely to cause a threat to public health,

the YTG shall Remediate that Impact in accordance with 6.95.

6.95 Where the YTG determines that Remediation is required pursuant to 6.94, it shall Remediate the Impact using:

(a) in the case of an Impact attributable to a Contaminant or New Contaminant, either numeric restoration standards, as set out pursuant to the Environment Act (Yukon), or risk-based restoration standards as described in CCME Guidelines or as may be described in territorial legislation; and

(b) in the case of an Impact attributable to an Aspect, the process described in 6.8 to 6.10, except that references to 'federal legislation' shall be read as 'territorial legislation'.

6.96 The YTG shall, annually, after seeking the input of First Nations, determine the order of priority for Remediation of sites determined to require Remediation pursuant to 6.94.

6.97 Where the YTG is responsible for assessment or Remediation, as soon as practicable after assessment or Remediation, the YTG shall notify the First Nation that, pursuant to this Part:

(a) it has determined that there are no Impacts requiring Remediation at the site;

(b) it has determined that there are Impacts requiring Remediation at the site and that those Impacts will be Remediated; or

(c) it has determined that all Impacts requiring Remediation at a site have been Remediated.

6.97.1 If an Impact at a site is Remediated by the YTG pursuant to this Part by containment of the Contaminant or New Contaminant, the notice referred to in 6.97 shall specify the time period during which the warranty set out in 6.103 shall apply to that site, which period shall not be less than the engineered life-span of the Remediation, as certified by the professional engineer or other remediation expert responsible for the Remediation.

DISPUTE RESOLUTION

6.98 Where the YTG determines pursuant to 6.91 that it is not responsible for assessment of a site and a First Nation does not agree with the YTG's determination, the matter may be referred to the dispute resolution mechanism set out in 6.99 to 6.102.

6.99 A dispute resolution panel shall be constituted of three (3) members, selected as follows:

(a) one (1) expert representative selected by the First Nation challenging the YTG's determination;

(b) one (1) expert representative selected by the YTG; and

(c) one (1) independent expert selected by the representatives referred to in (a) and (b).

6.100 The dispute resolution panel shall review available documentation regarding the site and shall determine that this is a site for which the YTG shall conduct an assessment pursuant to this Part if at least two (2) of its members conclude that:

(a) in the case of a Contaminant, New Contaminant or Aspect located on Settlement Land other than Settlement Land that is or was subject to an Encumbering Right,

(i) the New Contaminant was present in the land prior to the effective date of that First Nation's Settlement Agreement,

(ii) the Contaminant was released onto the land while the Commissioner of Yukon had administration and control of the land, or

(iii) the Aspect was established on the land while the Commissioner of Yukon had administration and control of the land; or

(b) in the case of a Contaminant, New Contaminant or Aspect located on Settlement Land that was subject to an Encumbering Right,

(i) the New Contaminant was present in the land prior to the expiration of the Encumbering Right,

(ii) the Contaminant was released onto the land while the YTG had administration of the Encumbering Right, or

(iii) the Aspect was established on the land while the YTG had administration of the Encumbering Right.

6.101 The independent expert referred to in 6.99(c) shall notify the YTG and the First Nation of the determination of the dispute resolution panel.

6.102 Each party to the dispute shall pay for its own costs and shall share equally the costs associated with the independent expert referred to in 6.99(c).

WARRANTY ON CONTAMINATED SITES NOT REQUIRING REMEDIATION AND REMEDIATED SITES

6.103 The YTG warrants that:

(a) at any site that the YTG is required to assess pursuant to this Part, there are no Impacts for which the YTG is responsible that require Remediation pursuant to this Part, as this Part applied on the date the notice referred to in 6.97 is given;

(b) at any site that the YTG is required to Remediate pursuant to this Part, all Impacts for which the YTG is responsible that require Remediation pursuant to this Part, as this Part applied on the date the notice referred to in 6.97 is given, have been identified; and

(c) at any site that the YTG Remediates pursuant to this Part, all Impacts identified by the YTG and for which the YTG is responsible have been Remediated, in accordance with this Part, as this Part applied on the date the notice referred to in 6.97 is given.

6.104 The warranty set out in 6.103(c) shall no longer apply in respect of an Impact identified and Remediated by the YTG pursuant to this Part where, after the date on which the notice referred to in 6.97 is given:

(a) a First Nation issues or grants any authorization, permit or other right allowing activities to be conducted that adversely affect the condition of that site or part thereof;

(b) a First Nation conducts activities that adversely affect the condition of that site or part thereof; or

(c) activities that adversely affect the condition of that site or part thereof are conducted without the First Nation's necessary authorization.

6.105 The warranty set out in 6.103(c) shall no longer apply in respect of an Impact identified and Remediated by containment where:

(a) the time period set out for that site in the notice provided by the YTG pursuant to 6.97.1 has lapsed; or

(b) the land use changes from that used to develop the plan of Remediation.

6.105.1 For greater clarity, a 'land use change', as referred to in 6.105(b), means a change from one land use category, as described pursuant to the Environment Act (Yukon), to another land use category, as described pursuant to the Environment Act (Yukon).

6.106 The YTG shall not be required to Remediate any Impact in respect of which the warranty set out in 6.103 is inapplicable or has expired pursuant to 6.104 or 6.105.

6.107 Where a First Nation believes that the condition of a site does not meet the warranty set out in 6.103, that First Nation shall, before seeking any other redress, request that the YTG Remediate Impacts at the site.

6.107.1 The YTG shall determine that a site is a site requiring Remediation where it agrees that the condition of the site does not meet the warranty set out in 6.103.

COOPERATION ON SITE ASSESSMENT AND REMEDIATION

6.108 The YTG and First Nations shall cooperate in the scheduling of any assessment or Remediation required to be undertaken by the YTG pursuant to this Part.

6.109 A First Nation shall provide to the YTG, at no cost, all licences, permits and other authorizations related to carrying out any monitoring, care, maintenance, assessment or Remediation required pursuant to this Part.

6.109.1 The YTG shall apply for such licences, permits and other authorizations in a timely manner and in accordance with all applicable procedures.

6.110 At the request of a First Nation, the YTG shall provide to that First Nation copies of reports in its possession pertaining to those sites for which the YTG is responsible for assessment and Remediation pursuant to this Part.

COSTS OF PARTICIPATION

6.111 Participation in any of the processes set out in this Part shall be at the expense of each participating party.

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Chapter 7 - Financial Transfer

ON-GOING FUNDING

7.1 As of the Effective Date, Canada shall provide to the YTG on-going funding comprised of the following, estimated at $33.70 Million:

(a) the actual budgeted amount for NAP Yukon Region salaries for the Entry Year, estimated at $10.69 Million, as adjusted by 7.1.1;

(b) an amount for employee benefits plan funding, estimated at $2.16 Million, determined by multiplying (a) by the employee benefit plan rate established by the Treasury Board of Canada for the Entry Year;

(c) the actual budgeted amount for NAP Yukon Region operations and maintenance (O&M) for the Entry Year, estimated at $17.09 Million, less $0.80 Million for NAP PSTA;

(d) an agreed-to amount of $2.79 Million, as the NAP Headquarters component;

(e) an amount in respect of the tenancy costs referred to in 4.6, estimated at $1.16 Million; and

(f) an agreed-to amount of $637,017, if the Effective Date is April 1, 2003, to carry out the responsibilities for NAP-related matters listed in Section B of Appendix D (Settlement Agreement Implementation).

7.1.1 On the Effective Date, the NAP Yukon Region salaries amount referred to in 7.1(a) shall be adjusted in accordance with any changes to the New Base Salary of Appointed NAP Indeterminate Employees made pursuant to 3.40.1.

FUTURE NAP-RELATED PSTA

7.2 On-going funding of $0.8 Million shall be withdrawn by Canada in accordance with 7.3 and 7.4 from the funding referred to in 7.1 for the purpose of supporting Future NAP-Related PSTA as and when such agreements come into effect.

7.3 Where a Yukon First Nation's Future NAP-Related PSTA comes into effect between the date this Agreement is signed and the Effective Date, the on-going funding referred to in 7.1 shall be reduced by the portion of the amount of ongoing funding referred to in 7.2 that is to be provided to that Yukon First Nation pursuant to its Future NAP-Related PSTA.

7.4 After the Effective Date, during a fiscal year in which a Yukon First Nation's Future NAP-Related PSTA comes into effect, the GEB shall be reduced by the portion of any remainder of the amount of on-going funding referred to in 7.2 that is to be provided to that Yukon First Nation pursuant to its Future NAP-Related PSTA, as this portion is adjusted annually by the PAGE starting in the fiscal year immediately following the Entry Year and ending in the year the Future NAP-Related PSTA comes into effect.

7.4.1 For greater certainty, the amount of funding to be withdrawn from the GEB pursuant to 7.4 shall equate to the final amount of funding including annual escalation by the PAGE being provided to the YTG under the Formula Financing Agreement for the purpose of a Future NAP-Related PSTA.

7.5 Canada shall transfer directly to a Yukon First Nation on-going funding in accordance with the terms and conditions of its Future NAP-Related PSTA.

7.6 Where the portion of the amount of on-going funding referred to in 7.2 which is to be provided to a Yukon First Nation pursuant to its Future NAP-Related PSTA, as adjusted annually by the PAGE starting in the fiscal year immediately following the Entry Year, is less than the value that portion would have been if adjusted pursuant to the terms of that Future NAP-Related PSTA, Canada shall provide the difference to the Yukon First Nation.

7.6.1 For greater certainty, Canada's obligations in 7.6 shall be limited to differences in the adjustment by the PAGE and the escalation made pursuant to a Future NAP-Related PSTA.

7.7 Canada and the YTG agree that the on-going funding withdrawn pursuant to 7.3 from the funding referred to in 7.1 or from the GEB pursuant to 7.4 shall be deemed to be the contribution of the YTG in accordance with section 18 or another equivalent provision of the relevant Self-Government Agreement in respect of a Yukon First Nation's Future NAP-Related PSTA.

7.7.1 Nothing in 7.7 shall be construed so as to limit any right of a Yukon First Nation that enters into a Future NAP-Related PSTA pursuant to a Self- Government Agreement.

ONE-TIME FUNDING

Environmental Assessment Funding

7.8 For the purpose of implementing the territorial legislation and regulations referred to in 2.31, Canada shall provide a $1.553 Million one-time payment to the YTG each year between the Effective Date and the date at which Development Assessment Legislation comes fully into effect.

7.8.1 If the date at which Development Assessment Legislation comes fully into effect is not the first day of a fiscal year, the payment provided pursuant to 7.8 for that fiscal year shall be adjusted by Canada to reflect the expenditures and commitments incurred by the YTG between the beginning of the fiscal year and the date at which Development Assessment Legislation comes fully into effect.

7.8.2 Nothing in 7.8 shall be construed as setting or indicating in any way the level of funding to be provided by Canada for the implementation of Development Assessment Legislation.

General Transition Funding

7.9 Canada shall provide a total of $2.5 Million to the YTG for general transition funding, in payments of $500,000 per fiscal year over a five (5) year period from the Effective Date, or in different annual payments over a shorter time period, as may be agreed by Canada and the YTG.

Human Resources

7.10 Canada shall provide $310,000 to the YTG for human resources transition, less the amount spent by Canada between April 1, 1999 and the Effective Date for staff training and other staff transition measures.

Information Technology

7.11 Canada shall provide $1.435 Million to the YTG for information technology and computer system integration costs.

Legal Support, English and French Signage and Translation, Record Management, Library Relocation and Inventory and Asset Control

7.12 Canada shall provide $500,000 to the YTG for transition costs associated with legal support, production and translation of English and French signage, forms and other materials, record management, library relocation and inventory and asset control.

Fire Suppression Transition

7.13 Canada shall provide a total of $7.5 Million to the YTG for Fire Suppression transition, in payments of $1.5 Million per fiscal year over a five (5) year period from the Effective Date, or in different annual payments over a shorter time period, as may be agreed by Canada and the YTG.

Fire Suppression Infrastructure

7.14 Canada shall provide $3.5 Million to the YTG for the purposes of improving fire suppression infrastructure at Dawson City, Mayo, Haines Junction and Whitehorse, less any amount spent by Canada, in accordance with its fire suppression infrastructure work-plan, between April 1, 1999 and the Effective Date.

Forest Inventory

7.15 Canada shall provide $3.0 Million to the YTG for the purposes of forest inventory and management work in the Yukon, less the amount spent by Canada for forest inventory and management, in accordance with its forest inventory work-plan, between April 1, 1999 and the Effective Date.

Forest Sector Funding

7.16 Canada shall provide $4.5 Million to the YTG for the purposes of forest sector activities.

Severance Liability

7.17 On the Effective Date, Canada shall provide the YTG with a one-time payment of an agreed-to amount for severance liability associated with the federal employment of Appointed NAP Indeterminate Employees.

7.18 Earnings on the funds provided pursuant to 7.17 shall be excluded from "eligible revenues" as described in the Formula Financing Agreement.

Federal Vacation Leave Accrual Funding

7.19 On the Effective Date, Canada shall provide the YTG with a one-time payment equivalent to the value of the federal vacation leave credits referred to in 3.27.

7.19.1 The value of the federal vacation leave credits in respect of an employee shall be equal to the product of:

(a) the number of days of federal vacation leave credited to that employee pursuant to 3.27; and

(b) the Base Federal Salary of that employee, divided by two hundred and sixty and eighty-eight one hundredths (260.88).

Payments to the YTG

7.20 Prior to the Effective Date, Canada may make payments to the YTG of any of the amounts referred to in 7.8 to 7.16 on terms and conditions as may be agreed by Canada and the YTG.

7.21 If payments are made to the YTG pursuant to 7.20 and this Agreement is not implemented, all monies paid by Canada to the YTG shall be repaid to Canada, unless otherwise agreed in writing between Canada and the YTG.

LAND USE PLANNING FUNDING

7.22 The Canada-Yukon Claims Implementation Agreement shall be amended, as of the Effective Date, to include the funding arrangements in respect of the Yukon Land Use Planning Council and Regional Land Use Planning Commissions set out at 7.22.1 to 7.22.5.

7.22.1 The contribution agreement between Canada and the YTG made pursuant to the Canada-Yukon Claims Implementation Agreement shall be amended to include, as of the Effective Date, the annual funding identified for the Yukon Land Use Planning Council in Part 1 of Schedule 1 of the Umbrella Final Agreement Implementation Plan, signed on May 29, 1993.

7.22.2 The contribution agreement between Canada and the YTG made pursuant to the Canada-Yukon Claims Implementation Agreement shall be amended to include, as of the Effective Date, annual funding, as agreed to between Canada and the YTG, for any existing regional land use planning commission.

7.22.3 After the Effective Date, where the YTG notifies Canada that an additional regional land use planning commission is ready to be established, Canada shall amend the contribution agreement made pursuant to the Canada-Yukon Claims Implementation Agreement to provide to the YTG annual funding, as agreed to between Canada and the YTG, for the new regional land use planning commission.

7.22.4 The YTG shall pay the funding it receives pursuant to 7.22.1 to the Yukon Land Use Planning Council in support of the activities of the Council and the funding it receives pursuant to 7.22.2 and 7.22.3 to the Yukon Land Use Planning Council in support of the activities of established regional land use planning commissions for the purpose of regional land use planning.

7.22.5 The total of the funding referred to in 7.22.2 and 7.22.3 shall not be greater than the total funding identified for regional land use planning in Part 2 of Schedule 1 of the Umbrella Final Agreement Implementation Plan, signed on May 29, 1993.

7.23 Any funding provided to the YTG pursuant to 7.22 represents the fulfilment, for the applicable period of time, of any obligation of Canada to provide such funding to the institutions referred to in 7.22 pursuant to the Umbrella Final Agreement Implementation Plan, signed on May 29, 1993.

7.24 For greater certainty, the payment by the YTG, in accordance with 7.22.4, of funding it receives from Canada represents the fulfilment of the YTG's responsibilities pursuant to this Agreement in respect of funding for the Yukon Land Use Planning Council and any regional land use planning commissions.

FORMULA FINANCING

Adjustments to the GEB

7.25 The funding referred to in 7.1 shall be provided to the YTG pursuant to the Formula Financing Agreement by making an on-going adjustment to the GEB and shall be adjusted by the PAGE starting in the fiscal year immediately following the Entry Year.

7.25.1 The "entry-year value" of the adjustment referred to in 7.25 for the purposes of the Formula Financing Agreement shall be equal to the amount of funding calculated pursuant to 7.1 less the reductions provided for in 7.3 and 7.32.1.

7.26 The funding referred to in 7.8 to 7.19, less Canada's payments made pursuant to 7.20, shall be provided to the YTG pursuant to the Formula Financing Agreement by making one-time adjustments to the GEB, in accordance with the schedule of payments set out in Appendix J (Cash Flow), and shall not be subject to adjustment by the PAGE.

7.26.1 At its sole discretion, Canada may provide to the YTG any of the funding referred to in 7.8 to 7.16 in advance of the time frames for providing that funding set out in the schedule of payments in Appendix J (Cash Flow).

Net Fiscal Benefit

7.27 In respect of each fiscal year beginning with the Entry-Year, an amount equal to one-hundred (100) percent of Resource Revenues subject to offset shall be deducted from the "formula financing grant" as defined in the Formula Financing Agreement.

7.27.1 For the purpose of 7.27, the Resource Revenues subject to offset in a fiscal year shall be the greater of:

(a) the sum of Resource Revenues for that fiscal year less $3 Million; or

(b) zero dollars.

7.27.2 Unless otherwise agreed by Canada and the YTG, in calculating the sum of Resource Revenues for the purpose of 7.27.1(a), the value of Land Revenues derived from the sale of a parcel of Public Land shall be the greater of:

(a) the sale price of the parcel less

 (i) an amount, agreed upon by Canada and the YTG, representing the fair market value, at the time of sale, of improvements made by the YTG in respect of that parcel, or

 (ii) in the absence of such agreement, the fair market value, at the time of sale, of such improvements as assessed by a mutually agreed upon assessor; or

(b) zero (0) dollars.

7.28 The provisions of 7.27 may be amended with the written consent of Canada and the YTG.

7.28.1 Canada and the YTG shall conduct a review of the provisions of 7.27:

(a) in the fifth (5th) year following the Effective Date and at five (5) year intervals thereafter; or

(b) at any other time as may be agreed by Canada and the YTG.

7.28.2 Canada and the YTG shall make best efforts to complete the review referred to in 7.28.1 within six (6) months from the beginning of the review.

7.28.3 Unless otherwise agreed by Canada and the YTG, any adjustment arising from a review referred to in 7.28.1 shall take effect on April 1st of the fiscal year immediately following the beginning of the review.

7.28.4 Notwithstanding 7.28.3, if, despite making best efforts, Canada and the YTG are unable to complete the review within the six (6) month period referred to in 7.28.2, Canada and the YTG shall, as part of the review, determine the implementation date of any adjustment arising from the review.

7.29 The YTG shall Consult First Nations that are Parties to this Agreement in respect of any proposed amendment of the provisions of 7.27.

Treatment of Revenues in the Formula Financing Agreement

7.30 Resource Revenues and Reforestation Fees and the tax bases associated with these revenues and fees shall not be included in calculations under the Formula Financing Agreement.

7.30.1 For greater certainty, Land Revenues shall not be included in the calculations of the YTG's "miscellaneous provincial-local taxes and revenues" and the associated tax bases under the Formula Financing Agreement.

7.31 For the purposes of the Formula Financing Agreement, Non-Resource Revenues shall be included in the calculations of "eligible revenues" as this term is described in that agreement.

7.32 Notwithstanding 7.31, for the purposes of the Formula Financing Agreement, Non-Resource Revenues from the sale of government publications, including charts and maps, and from the rental of staff housing shall be excluded from the calculations of "eligible revenues" as this term is described in that agreement.

7.32.1 The ongoing funding referred to in 7.1 shall be reduced by an amount agreed to by Canada and the YTG prior to the Effective Date or as soon as practicable thereafter, estimated at $73,674, to reflect the exclusion referred to in 7.32.

7.33 As may be agreed by Canada and the YTG after the Effective Date, revenues derived from resources in respect of Commissioner's Land may be treated as Resource Revenues for the purposes of this Agreement.

7.34 As may be agreed by Canada and the YTG after the Effective Date, revenues other than Reforestation Fees may be treated as Reforestation Fees for the purposes of this Agreement.

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Chapter 8 - Execution Of Agreement

8.1 This Agreement shall be in full force and effect as and when the representatives of Canada and the YTG sign it.

8.2 This Agreement may be executed in several counterparts or copies, all signed counterparts or copies taken together constituting one Agreement.

8.3 Any of the First Nations which signed the Devolution Protocol Accord of September 23, 1998 may become a Party to this Agreement by giving to the Parties, on March 31, 2003 at the latest, a notice to that effect, signed by its authorized representative or representatives.

8.4 This Agreement shall not be binding upon a First Nation and the benefits specifically provided to the Parties by this Agreement shall not inure to it before the date of receipt of the notice given by that First Nation pursuant to 8.3 by the last Party to receive it.

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Signatures

signatures
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Appendix A - Notices And Communications (1.51)

If to Canada:

Minister
Indian Affairs and Northern Development
10 Wellington Street
OTTAWA ONTARIO K1A 0H4
Fax: (819) 953-4941

If to the YTG:

Minister
Executive Council Office
Box 2703
WHITEHORSE YUKON Y1A 2C6
Fax: (867) 667-8409

If to Carcross/Tagish First Nation:

Chief
Carcross/Tagish First Nation
Box 130
CARCROSS YUKON Y0B 1B0
Fax: (867) 821-4802

If to Champagne and Aishihik First Nations:

Chief
Champagne and Aishihik First Nations
Suite 100, 304 Jarvis Street
WHITEHORSE YUKON Y1A 2H2
Fax: (867) 634-2108

If to First Nation of Nacho Nyäk Dun:

Chief
First Nation of Nacho Nyäk Dun
Box 220
MAYO YUKON Y0B 1M0
Fax: (867) 996-2107

If to Kluane First Nation:

Chief
Kluane First Nation
Box 20
BURWASH LANDING YUKON Y0B 1V0
Fax: (867) 841-5900

If to Little Salmon/Carmacks First Nation:

Chief
Little Salmon/Carmacks First Nation
Box 135
CARMACKS YUKON Y0B 1C0
Fax: (867) 863-5710

If to Selkirk First Nation:

Chief
Selkirk First Nation
Box 40
PELLY CROSSING YUKON Y0B 1P0
Fax: (867) 537-3902

If to Ta'an Kwach'an Council:

Chairperson
Ta'an Kwach'an Council
Box 32081
WHITEHORSE YUKON Y1A 5P9
Fax: (867) 667-4295

If to Teslin Tlingit Council:

Chief
Teslin Tlingit Council
Box 133
TESLIN YUKON Y0A 1B0
Fax: (867) 390-2204

If to Tr'ondëk Hwëch'in:

Chief
Tr'ondëk Hwëch'in
Box 599
DAWSON CITY YUKON Y0B 1G0
Fax: (867) 943-6553

If to Vuntut Gwitchin First Nation:

Chief
Vuntut Gwitchin First Nation
General Delivery
OLD CROW YUKON Y0B 1N0
Fax: (867) 966-7806

If to White River First Nation:

Chief
White River First Nation
General Delivery
BEAVER CREEK YUKON Y0B 1A0
Fax: (867) 862-7806

If a notice or communication is sent to any of the First Nations listed above, a copy to:

Grand Chief
Council of Yukon First Nations
11 Nisutlin Drive
WHITEHORSE YUKON Y1A 3S4
Fax: (867) 668-6577

If to Kwanlin Dun First Nation:

Chief
Kwanlin Dun First Nation
35 McIntyre Drive WHITEHORSE YUKON Y1A 5S2 Fax: (867) 668-5057

If to Liard First Nation:

Chief
Liard First Nation
Box 328
WATSON LAKE YUKON Y0A 1C0
Fax: (867) 536-2332

If to the Ross River Dena Council:

Chief
Ross River Dena Council
General Delivery
ROSS RIVER YUKON Y0B 1S0
Fax: (867) 969-2405

If to the Kaska Dena Council:

Chief
Kaska Dena Council
Box 9
LOWER POST BRITISH COLUMBIA VOC 1W0
Fax: (250) 779-3371

If to either the Ross River Dena Council or the Kaska Dena Council, a copy to:

Tribal Chief
Kaska Tribal Council
Box 530
WATSON LAKE YUKON Y0A 1C0
Fax: (867) 536-2806

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Appendix B - YTG-first Nation Agreements (1.39, 2.27 and 5.12.1)

SECTION A - SUCCESSOR RESOURCE LEGISLATION

1.0 Purpose

1.1 This Section sets out the approach to be followed by the YTG and First Nations that are Parties to this Agreement in establishing cooperative working arrangements, pursuant to 2.27 of Chapter 2, in respect of the development of a workplan and preparation of successor resource legislation.

2.0 Background

2.1 While acknowledging the respective authority and jurisdiction of the YTG pursuant to the Yukon Act (Canada) and Yukon First Nations as set out in Yukon First Nation Final Agreements and Self-Government Agreements in respect of certain natural resource management, the YTG and First Nations recognize there may be benefits realized from working together to develop compatible or, where appropriate, common natural resource management and legislative regimes in the Yukon.

3.0 Interpretation

3.1 In this Section, "successor resource legislation" means the initial territorial legislation enacted following the Effective Date pertaining to the land and resource management responsibilities transferred to the YTG pursuant to this Agreement, and for greater certainty, does not mean the territorial legislation enacted on the Effective Date mirroring federal legislation referred to in 2.3, 2.4 or 2.31 or the territorial legislation referred to in 2.6.1 of Chapter 2.

3.2 Nothing in this Section shall be construed as:

(a) limiting or otherwise affecting any authority or jurisdiction of the YTG or First Nations; or

(b) limiting or otherwise affecting the legislative processes of the YTG or First Nations.

4.0 Successor Resource Legislation Working Group

4.1 The YTG and First Nations that are Parties to this Agreement shall create, prior to the Effective Date, a successor resource legislation working group (the "Working Group") consisting of representatives of both the YTG and the First Nations.

4.2 The Working Group shall serve as the cooperative working arrangement between the YTG and First Nations in respect of the development of successor resource legislation following the Effective Date and its overall role shall be to make recommendations to the YTG and First Nations in respect of such legislation, as set out in this Section.

4.3 The Working Group shall initially be responsible for providing recommendations to the YTG and the First Nations in respect of:

(a) priorities for development of successor resource legislation;

(b) any opportunities identified for the development of a common or compatible regime in respect of particular successor resource legislation and First Nations' legislation; and

(c) specific arrangements as may be appropriate for the development of particular successor resource legislation.

4.4 The Working Group shall be responsible for providing recommendations regarding the development of each particular piece of successor resource legislation, however, the specific functions of the Working Group in making such recommendations, following the Effective Date, will vary depending upon:

(a) the subject matter of the legislative regime to be developed;

(b) the respective jurisdictions of the YTG and First Nations;

(c) the extent to which there may be an opportunity to develop common or compatible regimes in respect of the successor resource legislation and First Nations' legislation; and

(d) such other matters as may be appropriate in the circumstances.

4.5 The Working Group shall endeavour to operate on the basis of consensus in developing its recommendations but if there is no consensus, the representatives of the First Nations may make their recommendations to First Nations and the representatives of the YTG may make their recommendations to the YTG.

4.6 The YTG shall, subject to the appropriation of funds by the Legislature, provide First Nations that are Parties to this Agreement with agreed upon financial resources for their participation in the Working Group.

5.0 Public Participation

5.1 the public and with stakeholders is an important element in the development of any successor resource legislation.

6.0 Use of Other Processes

6.1 The YTG and First Nations may agree to:

(a) use other processes or organizations for the purposes of some or all of the working arrangements contemplated in this Section; or

(b) develop other cooperative working arrangements for the development of particular successor resource legislation.

SECTION B - COMMUNICATIONS PROTOCOL AND POLICY REVIEW

1.0 Purpose

1.1 This Agreement provides for various protections and safeguards for rights and interests of First Nations. The purpose of this Section is to provide additional safeguards by setting out an approach to be followed by the YTG following the Effective Date in respect of its policies, procedures and decisions regarding land and resource management responsibilities transferred to it pursuant to this Agreement, in order to safeguard interests respecting lands and resources for those First Nations having unsettled land claims in the Yukon.

2.0 Interpretation

2.1 Nothing in this Section shall be construed as defining, creating, recognizing, denying or amending the legal status of lands and resources or the existing authority of public government in respect thereof.

2.2 This Section does not preclude the use of other arrangements as may be agreed by the YTG and First Nations to involve First Nations in land and resource management decisions in order to incorporate into public government decision making, consideration of aboriginal rights, interests or title that may exist.

3.0 Application

3.1 This Section establishes a protocol for communication following the Effective Date between First Nations and the YTG in circumstances where a First Nation is of the view that a policy, procedure or decision of the YTG in respect of the land and resource management responsibilities transferred to the YTG pursuant to this Agreement, does not adequately incorporate consideration of aboriginal rights, interests or title that may exist, or does not comply with legal obligations to aboriginal peoples.

3.2 This Section also establishes a process for the YTG to follow prior to and following the Effective Date to obtain First Nations' input into reviews by the YTG of whether government policies and procedures in respect of the land and resource management responsibilities transferred to the YTG pursuant to this Agreement adequately incorporate consideration of aboriginal rights, interests or title that may exist, into public government decision making processes and in the context of evolving case law on aboriginal rights, interests or title, with a view to enhancing effectiveness and efficiency.

3.3 This Section applies to First Nations having unsettled land claims in the Yukon.

4.0 Communications Protocol

4.1 The YTG shall provide to a First Nation, upon request, any relevant policy, procedure, document or information with respect to appropriate mechanisms to resolve an issue raised by the First Nation in the circumstances described in 3.1. The First Nation and the YTG shall endeavour to resolve the issue using any existing applicable mechanisms.

4.2 Where a First Nation has concerns with a policy, procedure or decision of the YTG in the circumstances described in 3.1 that have not been resolved, the First Nation may notify the Deputy Head of the YTG department responsible for the policy, procedure or decision, in writing, of that concern, providing information about the issue in sufficient form and detail to allow the Deputy Head to prepare a meaningful response.

4.2.1 The Deputy Head shall respond to the First Nation in writing within a period of time that is reasonable having regard to the nature and complexity of the issue.

4.2.2 In preparing a response, the Deputy Head shall consider:

(a) the circumstances contributing to the First Nation's view that the policy, procedure or decision does not adequately incorporate consideration of aboriginal rights, interests or title that may exist or does not comply with legal obligations to aboriginal peoples;

(b) the potential for the policy, procedure or decision in question to infringe upon aboriginal rights, interests or title that may exist and the legal implications that may arise as a result;

(c) the public interest with respect to the policy, procedure or decision in question;

(d) practical solutions that may be available and an appropriate implementation plan in respect thereof; and

(e) such other matters, as the Deputy Head considers appropriate in the circumstances.

4.2.3 In providing a response, the Deputy Head or a designate of the Deputy Head may also meet with a First Nation or undertake other such actions as the Deputy Head or such designate considers appropriate in the circumstances.

4.2.4 Any solution the Deputy Head agrees to undertake as a result of this process shall be implemented as soon as practicable.

5.0 Policy Review

5.1 Subject to 5.2 to 5.5, the YTG intends to continue, to the extent practicable, policies and procedures employed by Canada in the Yukon prior to the Effective Date, to incorporate consideration of aboriginal rights, interests or title that may exist in government decision making processes regarding land and resource management responsibilities transferred pursuant to this Agreement.

5.2 Following the signing of this Agreement and prior to the Effective Date, the YTG intends to conduct a review of the policies and procedures referred to in 5.1 to assess their effectiveness, efficiency and compatibility with the governmental structures of the YTG. The YTG shall carry out the review in Consultation with those First Nations having unsettled land claims in the Yukon.

5.3 The YTG may, from time to time following the Effective Date, review and make changes to its policies and procedures in respect of the land and resource management responsibilities transferred to it pursuant to this Agreement, to enhance effectiveness and efficiency, or for other reasons deemed necessary to advance the public interest.

5.4 If it is reasonable to expect that changes to a YTG policy or procedure referred to in 5.3 may affect aboriginal rights, interests or title, the YTG shall Consult with those First Nations having unsettled land claims in the Yukon with respect to such proposed changes.

5.5 If a YTG policy or procedure referred to in 5.3 is to be changed in the context of evolving case law on aboriginal rights, interests or title, the YTG shall Consult with those First Nations having unsettled land claims in the Yukon with respect to such proposed changes.

SECTION C - SURPLUS PUBLIC PROPERTY

1.0 Where, following the Effective Date, the YTG determines, in its sole discretion, that either a property or asset the administration and control of which was transferred to the Commissioner of Yukon pursuant to 4.1 of Chapter 4, or a moveable asset transferred to the YTG pursuant to 4.7 of Chapter 4, is surplus public property to be disposed of by way of donation, the First Nations that are Parties to this Agreement shall, subject to 2.0 to 5.0, have the first opportunity to obtain such surplus public property from the Commissioner of Yukon or the YTG for use by a First Nation.

2.0 Where, following the Effective Date, the YTG makes a determination pursuant to 1.0, the YTG shall so notify in writing each First Nation that is a Party to this Agreement.

3.0 A First Nation that is a Party to this Agreement may, within thirty (30) days of the date of the notice referred to in 2.0, apply in writing to the Asset Controller of the YTG Department of Government Services, to exercise the first opportunity to obtain a donation of such surplus public property from the Commissioner of Yukon or the YTG for use by that First Nation.

4.0 Where more than one First Nation that is a Party to this Agreement applies in writing to the YTG pursuant to 3.0, the First Nation whose application was received first by the Asset Controller shall have the right to obtain the surplus

5.0 If, following the expiry of the thirty (30) day period referred to in 3.0, the Asset Controller has not received an application in writing from any First Nation that is a Party to this Agreement, the Commissioner of Yukon or the YTG may retain, dispose of or otherwise deal with the surplus public property as it considers appropriate.

6.0 The process to exercise the first opportunity to obtain surplus public property set out in 2.0 to 5.0 may be modified upon agreement of all of the First Nations that are Parties to this Agreement provided that written notice evidencing the agreement of all such First Nations to the modification is provided to the Asset Controller and such modification is agreed to by the YTG prior to the disposal of any such surplus property.

7.0 The provisions of 1.0 to 6.0 shall expire twenty (20) years from the Effective Date.

SECTION D - FOREST SECTOR FUNDING ARRANGEMENTS

1.0 The YTG and Yukon First Nations shall develop a structure that is at arm's length from the YTG and Yukon First Nations, to hold and manage the funding referred to in 7.16 of Chapter 7.

1.1 The public interest shall guide the management of the funding.

1.2 The membership of the structure shall, unless otherwise agreed, be comprised of an equal number of nominees of both the YTG and the Yukon First Nations.

1.3 In developing the structure, the YTG and Yukon First Nations shall seek the input of representatives of the Yukon forest industry.

2.0 The YTG and Yukon First Nations shall establish a working group comprised of, unless otherwise agreed, an equal number of nominees of both the YTG and the Yukon First Nations, to develop terms of reference for the structure.

3.0 The YTG and Yukon First Nations shall make best efforts to have the structure in place prior to the Effective Date.

4.0 If, despite having made best efforts, the structure is not in place by the Effective Date, the YTG and Yukon First Nations shall make best efforts to have the structure in place as soon thereafter as is practicable.

5.0 If the structure is not in place at the time Canada provides the funding referred to in 7.16 of Chapter 7 to the YTG, the YTG shall hold such funds in trust and shall transfer the funds and any interest earned thereon to the structure when it is developed.

6.0 Notwithstanding 1.0 to 5.0, if the structure is not in place by the third anniversary of the Effective Date, the YTG may proceed to use the funds referred to in 7.16 of Chapter 7 and any interest earned thereon, in Consultation with Yukon First Nations.

6.1 If YTG takes action under 6.0, it shall seek the input of representatives of the Yukon forest industry with respect to the use of the funds.

SECTION E - DISPUTE RESOLUTION

1.0 Purpose

1.1 It is acknowledged that 1.50 of Chapter 1 sets out the commitment of the Parties to explore resolution of disputes between them in respect of the interpretation, application or implementation of this Agreement through negotiation or other appropriate dispute resolution procedures before resorting to litigation. The purpose of this Section is to set out an elaboration of a process for resolving disputes which may arise between the YTG and a First Nation that is a Party to this Agreement in respect of the interpretation, application or implementation of certain provisions of this Agreement as set out in this Section.

2.0 Application

2.1 The Section applies to disputes that may arise between the YTG and a First Nation that is a Party to this Agreement in respect of the interpretation, application or implementation of the following provisions:

(a) 1.12 to 1.24 of Chapter 1;

(b) 2.7 of Chapter 2;

(c) 5.8 and 5.9 of Chapter 5;

(d) Chapter 6 - Part II;

(e) 7.29 of Chapter 7;

(f) Sections A to D of Appendix B; and

(g) such other provisions of this Agreement involving the YTG and a First Nation as the YTG and that First Nation may agree.

3.0 Reference to Senior Officials

3.1 Where there is a dispute between the YTG and a First Nation that is a Party to this Agreement in respect of the interpretation, application or implementation of any of the provisions referred to in 2.1, the YTG or the First Nation may so notify the other, in writing, setting out details of the matter in dispute.

3.2 Where requested in the notification under 3.1, senior officials with responsibility for the matter in dispute from the YTG and the First Nation shall attempt to resolve the matter.

4.0 Reference to Principals

4.1 If the senior officials are unable to resolve the matter in dispute under 3.2, they shall refer it to their principals who shall attempt to resolve the matter.

5.0 Reference to a Third Party

5.1 If the principals are unable to resolve the matter in dispute under 4.1, the YTG or the First Nation may refer the matter to mediation.

5.2 If the matter in dispute is not resolved by mediation under 5.1, the YTG and the First Nation may agree to refer the matter to arbitration.

5.3 Where a matter in dispute is referred to mediation under 5.1 or where the YTG and the First Nation agree to refer a matter in dispute to arbitration under 5.2, the YTG and the First Nation shall agree upon the mediator or the arbitrator, and shall agree, in advance of the mediation or arbitration, upon all applicable terms, conditions and procedures of the mediation or arbitration including:

(a) the powers of the mediator or arbitrator, including the ability to provide written recommendations to the YTG and the First Nation;

(b) confidentiality of the process;

(c) applicable timelines;

(d) participation of any party, other than the YTG and the First Nation; and

(e) apportionment of costs between the YTG and the First Nation.

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Appendix C - Preliminary Inventory Of Eeclusions (2.10)

In Yukon, all those land parcels or interests in land more particularly described as follows, including Forest Resources and buildings and other improvements, but excluding, unless otherwise provided, Mineral Resources:

Canadian Broadcasting Corporation

Canada Customs and Revenue Agency

Canada Post Corporation

Department of Fisheries and Oceans

Department of Indian Affairs and Northern Development

Department of the Environment

Department of Transport

Parks Canada Agency

Royal Canadian Mounted Police

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Appendix D - Settlement Agreement Implementation (2.29 and 7.1)

Key to abbreviations

In this Appendix, the following abbreviations mean:

CAFN: Champagne and Aishihik First Nations Final Agreement LSCFN:Little Salmon/Carmacks First Nation Final Agreement NND:First Nation of Nacho Nyak Dun Final Agreement SFN:Selkirk First Nation Final Agreement TH:Tr'ondëk Hwëch'in Final Agreement TTC:Teslin Tlingit Council Final Agreement UFA:Umbrella Final Agreement, as incorporated into a Yukon First Nation Final Agreement VGFN:Vuntut Gwitchin First Nation Final Agreement

SECTION A - NAP-Related Matters Associated with the Implementation of Yukon First Nation Final Agreements, the Inuvialuit Final Agreement and Appendix C of the Gwich'in Comprehensive Land Claim Agreement that remain Canada's Responsibility after the Effective Date.

(i) Yukon First Nation Final Agreements

PROVISION DESCRIPTION
CHAPTER 2 GENERAL PROVISIONS
2.12.2.8 UFA Provision of funding to the YTG for the Yukon Land Use Planning Council and Regional Land Use Planning Commissions, and funding of the Surface Rights Board
CHAPTER 4 RESERVES AND LAND SET ASIDE
4.2.3 and 4.2.4 UFA Cancellation of Land Set Aside
CHAPTER 8 SURFACE RIGHTS BOARD
8.1.1 to 8.4.3 UFA Establishment of the Surface Rights Board
CHAPTER 11 LAND USE PLANNING
11.3.2 UFA Designation of one nominee to the Yukon Land Use Planning Council
CHAPTER 12 DEVELOPMENT ASSESSMENT
12.3.0 UFA Development Assessment Legislation
12.3.6 UFA Interim measures (in accordance with 2.33 and 2.34 of this Agreement)
12.7.0 UFA Yukon Development Assessment Board
12.18.0 UFA Funding for the Yukon Development Assessment Board and Designated Offices
12.19.0 UFA Implementation of the Development Assessment Legislation
CHAPTER 22 ECONOMIC DEVELOPMENT MEASURES
22.3.1 and 22.3.2 UFA Coordination of federal departments in respect of: (1) economic development opportunities plans, (2) development of regional economic development agreements, and (3) preparation of regional economic development plans
22.5.4 UFA Inclusion of Yukon First Nations on federal contract lists
22.5.5 to 22.5.9 UFA Access to federal government contracting and registration

(ii) Inuvialuit Final Agreement

PROVISION DESCRIPTION
SECTION 11 ENVIRONMENTAL IMPACT SCREENING AND REVIEW PROCESS
11. (3) Appointment of permanent members to the Environmental Impact Steering Committee
11. (4) Appointment of chairperson to the Environmental Impact Steering Committee
11. (18) Appointment of permanent members and chairperson to the Environmental Impact Review Board
11. (23) Provision of staff to the Environmental Impact Review Board

(iii) Appendix C of the Gwich'in Comprehensive Land Claim Agreement

PROVISION DESCRIPTION
CHAPTER 6 SURFACE RIGHTS BOARD
6.1 and 6.3 Surface Rights Board
CHAPTER 8 DEVELOPMENT ASSESSMENT
8.2.1 Development assessment legislation
8.3.1(b) Determination of disputes in respect of interim measures
CHAPTER 17 ECONOMIC DEVELOPMENT MEASURES
17.1 and 17.2 Economic development measures

SECTION B - NAP-Related Matters Associated with the Implementation of Yukon First Nation Final Agreements, the Inuvialuit Final Agreement and Appendix C of the Gwich'in Comprehensive Land Claim Agreement that become the YTG's Responsibility after the Effective Date

(i) Yukon First Nation Final Agreements

PROVISION DESCRIPTION
CHAPTER 2 GENERAL PROVISIONS
2.12.2.2 to 2.12.2.4 and 2.12.2.8 UFA Yukon Land Use Planning Council and Regional Land Use Planning Commissions (funding to be provided to the YTG by Canada, as set out in Section A(i) of this Appendix, provision 2.12.2.8 UFA)
CHAPTER 5 TENURE AND MANAGEMENT OF SETTLEMENT LAND
5.6.0 UFA Administration of Encumbering Rights as defined in this Agreement
5.14.4 UFA Proposed Site Specific Settlement Land
5.15.7 and 5.15.9 UFA Establishment of permanent camps or structures on Waterfront Right-of-Way
CHAPTER 6 ACCESS
6.2.7 UFA Access to Public Land
6.6.0 UFA Conditions of access (except in respect of access by Canada, its agents or contractors)
CHAPTER 9 SETTLEMENT LAND AMOUNT
9.6.1 UFA Crown and Settlement Land exchange in respect of Public Land
CHAPTER 10 SPECIAL MANAGEMENT AREAS
4.0 of Schedule B CAFN Management of the Surrounding Area in respect of Sha'washe and Surrounding Area
5.0 of Schedule A LSCFN Approval and review of the management plan for the Nordenskiold Wetland Habitat Protection Area in respect of Mineral Resources
6.0 of Schedule A LSCFN Management of Mineral Resources within the Nordenskiold Wetland Habitat Protection Area
Schedule A NND See provisions under Schedule A SFN (Ddhaw Ghro Habitat Protection Area)
4.7 to 4.11 of Schedule B NND Approval, review and amendment of the management plan for the Horseshoe Slough Habitat Protection Area in respect of Mineral Resources
5.1 of Schedule B NND Management of Mineral Resources within the Horseshoe Slough Habitat Protection Area in accordance with the approved management plan
7.0 of Schedule A SFN Approval of the management plan for the Ddhaw Ghro Habitat Protection Area in respect of Mineral Resources
8.1 and 8.2 of Schedule A SFN Management of Mineral Resources within the Ddhaw Ghro Habitat Protection Area in accordance with the Approved Management Plan
8.3 of Schedule A SFN Review of the Approved Management Plan for the Ddhaw Ghro Habitat Protection Area in respect of Mineral Resources
9.0 of Schedule A SFN Management of Mineral Resources within the Ddhaw Ghro Habitat Protection Area prior to the implementation of the Approved Management Plan
5.0 of Schedule C SFN Approval and review of the management plan for the Lhutsaw Wetland Habitat Protection Area in respect of Mineral Resources
6.0 of Schedule C SFN Management of Mineral Resources within the Lhutsaw Wetland Habitat Protection Area
3.5 of Schedule A TH Prohibition of entry on Tombstone Territorial Park for the purpose of locating, prospecting or mining, and withdrawal of the Park from the disposal of interests in land
3.1 of Schedule B VGFN Withdrawal of Mineral Resources within the Fishing Branch Ecological Reserve from locating, prospecting and mining
1.3 and 1.4 of Schedule C VGFN Removal from the application of the Schedule of Non- Settlement Land and Settlement Land within the Old Crow Flats Area outside of Vuntut National Park
5.0 of Schedule C VGFN Preparation and approval of the management plan for Public Land within the Old Crow Flats Area outside of Vuntut National Park
6.0 of Schedule C VGFN Management of Mineral Resources within the Old Crow Flats Area outside of Vuntut National Park
7.1 and 7.2 of Schedule C VGFN Management of Public Land within the Old Crow Flats Area outside of Vuntut National Park
7.3 of Schedule C VGFN Review of the Approved Management Plan in respect of Public Land for the Old Crow Flats Area outside of Vuntut National Park
CHAPTER 11 LAND USE PLANNING
11.3.2 and 11.3.3 UFA Yukon Land Use Planning Council
11.4.1 to 11.4.4 UFA Regional Land Use Planning Commissions
11.6.0 UFA Approval process for land use plans
11.7.0 UFA Implementation of regional land use plans
11.9.3 and 11.9.4 UFA Funding (manage any funding that is provided by Canada to the YTG for this specific purpose as set out in Section A(i), provision 2.12.2.8 UFA and Section B(i) provision 2.12.2.8 UFA, of this Appendix, and review and approve budgets)
11.10.0 VGFN All-weather road connecting with the community of Old Crow
CHAPTER 12 DEVELOPMENT ASSESSMENT
12.3.6 UFA Interim measures (in accordance with 2.33 and 2.34 of this Agreement)
CHAPTER 13 HERITAGE
2.1 of Schedule A SFN Causing fee simple title in respect of Public Land forming part of Fort Selkirk to be issued in the names of the Commissioner of Yukon and the Selkirk First Nation
11.1 of Schedule A SFN Withdrawal of Mineral Resources within Fort Selkirk from locating, prospecting and mining
2.1 of Schedule A TH Causing fee simple title in respect of Public Land forming part of Forty miles, Fort Cudahy and Fort Constantine to be issued in the names of the Commissioner of Yukon and the Tr'ondëk Hwëch'in
7.1 of Schedule A TH Prohibition of entry on Forty Mile, Fort Cudahy and Fort Constantine for the purpose of locating, prospecting and mining and withdrawal of Forty Mile, Fort Cudahy and Fort Constantine from the disposal of any interest in land
7.3 Schedule B TH Prohibition of entry on the Tr'o-ju-wech'in Heritage Site for the purpose of locating, prospecting or mining and withdrawal of the Site from the disposal of any interest in land
6.1 of Schedule B VGFN Withdrawal of Mineral Resources within Rampart House and Lapierre House from locating, prospecting and mining
CHAPTER 14 WATER MANAGEMENT
14.4.2 UFA Appointment of the chairperson and vice-chairperson of the Water Board
14.6.1 UFA Government's management powers in respect of Waters
14.10.0 UFA Interjurisdictional agreements in respect of Waters (except international agreements)
CHAPTER 16 FISH AND WILDLIFE
16.11.13 UFA Establishment of a compensation process for Yukon Indian trappers in respect of resource development activities on Public Land
CHAPTER 17 FOREST RESOURCES
17.2.2 UFA Consultation on Forest Resources policies and legislation
17.3.0 UFA Forest Resources harvesting
17.4.2 UFA Provision of Forest Resources information
17.5.0 UFA Forest Resources management plans and inventory of Trees
17.7.0 UFA Forest Resources pest and disease control
17.8.0 UFA Forest Resources protection
17.10.1. and 17.10.3 UFA Access
17.14.0 UFA Economic opportunities
CHAPTER 18 NON-RENEWABLE RESOURCES
18.2.0 UFA Quarries

SECTION B - NAP-Related Matters Associated with the Implementation of Yukon First Nation Final Agreements, the Inuvialuit Final Agreement and Appendix C of the Gwich'in Comprehensive Land Claim Agreement that become the YTG's Responsibility after the Effective Date

(ii) Inuvialuit Final Agreement

PROVISION DESCRIPTION
SECTION 11 ENVIRONMENTAL IMPACT SCREENING AND REVIEW PROCESS
11. (31) Not permitting any proposed development involving Public Land or Waters within the Yukon North Slope until section 11 of the Inuvialuit Final Agreement has been complied with
SECTION 12 YUKON NORTH SLOPE
12. (4) Maintaining the withdrawal from disposition of certain Public Land within the Yukon North Slope
SECTION 16 ECONOMIC MEASURES
16. (9) and (10) Awarding of rights to engage in resource development on Public Land
16. (14) Issuance of coal permits, free of royalty and other charges, to the Inuvialuit to explore, develop and mine coal in the Inuvialuit Settlement Region

iii) Appendix C of the Gwich'in Comprehensive Land Claim Agreement

PROVISION DESCRIPTION
CHAPTER 3 TETLIT GWICH'IN YUKON LAND
3.6 Administration of Encumbering Rights as defined in this Agreement
CHAPTER 4 ACCESS
4.2.6 Access to Public Land
4.6 Conditions of Access (except in respect of access by Canada, its agents or contractors)
4.7.7 and 4.79 Establishment of permanent camps or structures on waterfront right of way
CHAPTER 7 LAND USE PLANNING
7.1.1 Land use planning
CHAPTER 8 DEVELOPMENT ASSESSMENT
8.3.1(a), (c), (d) and (e) Interim measures
CHAPTER 10 WATER RIGHTS AND MANAGEMENT
10.4 Management powers of government in respect of Waters
CHAPTER 13 FOREST RESOURCES
13.2.2 to 13.2.7 Forest Resources harvesting within the primary use area and secondary use area
13.4 Forest Resources pest and disease control
13.5.2 and 13.5.4 Forest Resources protection
13.6 Economic opportunities
CHAPTER 15 NON-RENEWABLE RESOURCES
15.2.4 Quarries
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Appendix E - Government Agreements (2.61, 2.63, 2.64 and 2.65)

SECTION A - ARRANGEMENTS AND AGREEMENTS TAKEN OVER BY THE YTG

SECTION B - ARRANGEMENTS AND AGREEMENTS TAKEN OVER BY THE YTG WHICH CANNOT BE TERMINATED WITHOUT THE CONSENT OF CANADA

SECTION C - INTERNATIONAL INSTRUMENTS

SECTION D - AGREEMENTS TO BE AMENDED TO INCLUDE THE YTG

SECTION E - ARRANGEMENTS AND AGREEMENTS THE YTG SHALL CONSIDER REPLACING

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Appendix F - Nap Properties And Assets (4.1, 4.3, 4.38, 4.39 and 4.40)

SECTION A - NAP PROPERTIES

Facility/Property and Location Legal Description
Petroleum, oil & lubricants (POL) shed, cold storage building, storage garage and office and garage and warehouse building located at Beaver Creek Lot 1013, Group 951, Quad 115K/7, Plan CLSR 67667, 63408 LTO
Residence with garage located at Beaver Creek Lot 21, Block 9, CLSR 71249, 88-30 LTO
Horse Camp Hill repeater station located on Horse Camp Hill near Beaver Creek n/a
Office, day use and garage, petroleum, oil & lubricants (POL) shed, and garage and warehouse located in Carmacks Parcel C1, Lot 12, CLSR 58185, 39015 LTO
Residence with garage located in Carmacks Parcel C2, Lot 12, CLSR 58185, 39015 LTO
Fire ready stores building, boat shed and crew quarters building located in Carmacks Lot 134, Group 903, CLSR 58722, 39593 LTO
Storage garage located at the Carmacks Airport in Carmacks Ptn of Lot 1066, Quad 115I/1, CLSR 53415, 93- 119 LTO
Fire lookout tower and cabin located 9 miles NW of Carmacks, 24 km up Freegold Rd Lot 129, Group 903, CLSR 53415, 28976 LTO
Fire lookout tower and cabin located on Ptarmigan Mountain near Carmacks n/a
Fire lookout tower and cabin located near Champagne File No. 115A16-001
Garage and warehouse, old petroleum, oil & lubricants (POL) shed, cold storage and propane building and new Petroleum, oil & lubricants (POL) shed located in Dawson City Lot 10, Group 1052, CLSR 66093, 57399 LTO
Two storage sheds, workshop and garage, storage building, day use building, crew trailer and new garage located at Dawson City Airport near km 701, Highway No. 2 (Klondike Highway) Part of Lot 1019, Quad 116B/03, CLSR 69772, 75824 LTO (File No. 116B03-0092)
Residence with garage located at 701 Turner Street in Dawson City Lots 1,2,3,8,9,10, Block 7, Day's Addition, CLSR 8338A, 28742 LTO
Garage located at 7th & Harper in Dawson City Lots 1, 2 and ½ of 3, Block B, Quad 116B/03, Menzies Addition, CLSR 53307, 28743 LTO
Residence with garage located at 493 Front St. in Dawson City Parcel U-3, Lot 1, Group 2, Government Reserve, CLSR 51967, 26593 LTO
Residence with garage located at 737 7th Ave in Dawson City N ½ of Lot 3 and Lot 4, Block B, Quad 116B/3, Menzies Addition, CLSR 53307, 28743 LTO
Storage shed, lookout cabin, fire lookout tower and repeater station located at Second Dome on the Dome Road near Dawson City Lot 581, Group 1052, Quad 116B/3 CLSR 53416, 28977 LTO
Radio repeater station (formerly lightening detection) located on King Solomon's Dome near Dawson City n/a
District Office located at 147 Haines Rd. at Haines Junction Lots 4, 5, and 6, Block 5, CLSR 62553, 48640 LTO
Residence with garage located at 158 Martin Street at Haines Junction Lots 13, 14 and 15, Block 5, Group 803, Quad 115A/13, CLSR 41519, 19794 LTO
Residence with garage located at 101 Karman Street at Haines Junction Lots 1 and 2, Block 27, Quad 115A/13, CLSR 58514, 40721 LTO
Garage/warehouse, crew trailer, petroleum, oil and lubricant (POL) shed, storage building, hose shed and bridge located at Haines Junction Lot 109, Group 803, CLSR 62563, 50397 LTO
Fire lookout tower and cabin located on Paint Mountain near Haines Junction near coordinates N 60° 49' 37.9" W 137° 30' 12.2" n/a
District office, garage and warehouse, petroleum, oil and lubricant (POL) shed, storage shed located in Mayo Lot 1, Block 35, CLSR 64591, 52747 LTO
Storage shed located at the Mayo Airport in Mayo Lot 1068, Quad 105M/12, CLSR 76889, 95-20 LTO
Residence with garage in Mayo Lots 6 and 7; Block 34, CLSR 64591, 24315 LTO
Residence with garage in Mayo East ½ of Parcel C; Lot 12, Block 32, Quad 105M/12, CLSR 43178, 22355 LTO
Mining Recorder's office in Mayo West ½ of Parcel C; Lot 12, Block 32, Quad 105M/12, CLSR 43178, 22355 LTO
Residence with garage in Mayo West ½ of Parcel B; Lot 12, Block 32, Quad 105M/12, CLSR 43178, 22355 LTO
Residence with garage in Mayo East ½ of Parcel B; Lot 12, Block 32, Quad 105M/12, CLSR 43178, 22355 LTO
Fire lookout tower and cabin located on Mount Haldane near Mayo Lot 48, Group 1003, Quad 105M/13, CLSR 57244, 37003 LTO
Fire lookout tower and cabin on Ferry Hill at Stewart Crossing Lot 37 Remainder, Group 1003, CLSR 53428, 28979 LTO
District office, warehouse and petroleum, oil & lubricants (POL) shed located in Old Crow Lot 1002, Group 1302, Quad 116O/12, CLSR 58682, 46508 LTO
District office, two storage buildings, workshop and garage and propane shed located at Ross River Lot 90 Remainder, Group 905, Quad 105F/16, CLSR 52922, 27954 LTO
Residence with garage located at Ross River Lots 90-6 & 90-7, Group 905, Quad 105F16, CLSR 58358
Residence with garage located at Ross River Lots 180 and 181, Block 74, CLSR 59590, 43548 LTO
Fire lookout tower and cabin located on Mount Ross near Ross River near coordinates N 61° 52' W 132° 34' n/a (NAP Land File No. 105F15-004)
Storage garage, crew quarters, tankerbase retardent and fuel system and helipad located at Ross River Airport Part of Lot 215, Group 905, Quad 105F/16, 56229 LTO
Ross River radio repeater on the Pelly Mountains near coordinates N 61° 48' 30" W 132° 21' 29" n/a
Air tankerbase waterline, road and pumpsite located at Ross River near coordinates N 61° 59' W 132° 26' n/a
Lookout cabin and tower located on Jubilee Mountain Lot 445, Group 804, CLSR 51580, 26081 LTO
Fire cache located north of water building near Taku Subdivision in Tagish Lot 87, Group 804, Quad 105D/8, CLSR 59698
Office and garage and warehouse, storage building, petroleum, oil & lubricants (POL) shed, crew quarters building, storage shed, fire cache and boat shelter located near Teslin Lots 4 and 5, Group 805, CLSR 62529, 48359 LTO
Residence with garage and well shed located in Teslin Lot 4D, Block 2, CLSR 53090, 28058 LTO
District office building and storage garage located at Watson Lake Lot 7, Block 46, CLSR 63144, 50229 LTO
Old garage and warehouse located at 148 Adela Street in Watson Lake Lot 35, Group 757, CLSR 51337, 25445 LTO
Residence with garage located at 123 Campbell way at Watson Lake Lot 7, Block 38, CLSR 59028, 40427 LTO
Residence with garage located at 238 Wye Drive at Watson Lake Lot 5, Block 15, CLSR 43475, 23074 LTO
Residence with garage located at 128 Morley Crescent at Watson Lake Lot 27, Block 35, CLSR 64459, 52685 LTO
Storage shed, fire control centre building, tanker base and day use building, new petroleum, oil & lubricants (POL) shed and storage shed located at the airport in Watson Lake Parcel E, Lot 1, CLSR 50948, 24758 LTO
Air tanker base - operations building, petroleum, oil & lubricants (POL) shed, day use building and cold storage building located at 123 Condor Road in Whitehorse Lot 5, Block 296, CLSR 60684, 65616 LTO
H.S. Bostock Core Library located at 426 Range Road in Whitehorse Lot 435-190-1, Group 804, CLSR 53682, 29819 LTO
Petroleum, oil & lubricants (POL) shed, cold storage building, small engine repair building and propane shed located at 91792 Alaska Highway in Whitehorse Lot 433, Group 804, CLSR 52105, 26830 LTO
Central Operations Complex located at 91790 Alaska Highway in Whitehorse Lot 433, Group 804, CLSR 52105, 26830 LTO
Forestry offices (building 918), fire base building (building 722, Water Resources storage building, petroleum, oil & lubricants (POL) shed and two storage sheds located at 91807 Alaska Highway in Whitehorse Lot 434, Group 804, CLSR 52105, 26830 LTO
Fire lookout tower and storage building located on Haeckel Hill near Whitehorse Lot 511, Group 804, CLSR 53365, 28914 LTO
Forestry shelter and storage building, shade house and storage shed located at km 5.6 Klondike Highway near Whitehorse Lot 288, Group 804, Quad 105D14, CLSR 42305, 20964 LTO
Fire cache located at mile 1083 Alaska Highway at Destruction Bay Lot 243, Group 852, CLSR 52440, 27195 LTO
Patrol cabin and fire cache located at Johnson Crossing Lot 2, Group 805, CLSR 43238, 22592 LTO
Patrol cabin located at km 170 Campbell Highway at Frances Lake near Watson Lake Lot 1, Group 857, CLSR 55122, 30441 LTO
Fire cache located at km 112 Campbell Highway n/a
Cabin and fire lookout tower located at Tom Creek near Watson Lake n/a
Fire Lookout Tower and Cabin and Storage Shed located at Transport Creek near Watson Lake Lot 52; Group 757, CLSR 55228, 30809 LTO
Fire cache located on Braeburn airstrip at Braeburn n/a

SECTION B - LEASES HELD BY NAP

SECTION C - LEASES HELD BY PWGSC

SECTION D - COPYRIGHTED WORKS

Literary Works

Minerals Resources Directorate: A Guide to Services in the Yukon/Direction des ressources minérales: Guide des services pour la région du Yukon, 1999;

Handbook of Reclamation Techniques in the Yukon: Yukon Placer Mining Land Use Regulations/Guide des Techniques de Remise en État des Terres Minières au Yukon: Règlement sur l'utilisation des terres pour l'exploitation des placers au Yukon, 1999;

Handbook of Reclamation Techniques in the Yukon: Yukon Quartz Mining Land Use Regulations/ Guide des Techniques de Remise en État des Terres Minières au Yukon: Règlement sur l'utilisation des terres pour l'exploitation du Quartz au Yukon, 1999;

Guide to Mining Land Use Regulations: Policies and Procedures, Yukon Placer Mining Act & Yukon Placer Mining Land Use Regulations;

Guide to Mining Land Use Regulations and Quartz Mine Licensing: Policies and Procedures, Yukon Quartz Mining Act & Yukon Quartz Mining Land Use Regulations;

Reclamation Practices and Research on Mineral Exploration Properties in the Yukon Territory 1998;

Forests Are for Us;

Wildfire Yukon Forests - Fire Ecology;

Maps Available in DIAND;

Mushroom Harvesting in the Yukon;

A Changing Yukon Forest;

A Growing Forest;

Yukon Exploration & Geology;

Acid Rock Drainage Potential in the Yukon Territory;

Placer Mining Inspection Summary 1999 Final;

The Yukon Placer Authorization and Supporting Documents, June 1993, revised November 1998;

Third Edition: Guidelines for the Design and Construction of Stream Channels for Yukon Placer Mined Streams;

Placer Mining Section 1991. Yukon Placer Industry 1989 to 1990, Mineral Resources Directorate, Yukon, Indian and Northern Affairs Canada, 1991;

Snow Survey Bulletin & Water Supply Forecast, every issue from to the Effective Date;

Industrial Minerals and Minor Metals and Their Potential for Development in the Yukon, 1988;

Gold-silver Deposits And Occurrences in Yukon Territory, 1984 (text and map);

Yukon Gold-silver File Description of Occurrences, 1989;

Mineral Industry Report 1969 - 70;

Mineral Industry Report 1971 - 72;

Mineral Industry Report 1973;

Mineral Industry Report 1974;

Mineral Industry Report 1975;

Mineral Industry Report 1976;

Mineral Industry Report 1977;

Mineral Industry Report 1978;

Yukon Exploration and Geology 1979-80;

Yukon Exploration and Geology 1981;

Yukon Exploration and Geology 1982;

Yukon Exploration and Geology - 1983;

Yukon Exploration 1984;

Yukon Exploration 1985-86;

Yukon Exploration 1987;

Yukon Mining And Exploration Overview 1987;

Yukon Exploration 1988;

Yukon Mining And Exploration Overview 1988;

Yukon Exploration 1989;

Yukon Exploration 1990;

Yukon Exploration 1991;

Yukon Exploration And Geology 1992;

Yukon Exploration And Geology 1993;

Yukon Exploration And Geology 1994;

Yukon Exploration And Geology 1995;

Yukon Exploration And Geology 1996;

Yukon Exploration And Geology 1997;

Yukon Exploration And Geology 1998;

Yukon Mining & Exploration Overview 1998;

Yukon Exploration And Geology 1999;

Yukon Mining & Exploration Overview 1999;

Yukon Geology, Vol. 1, 1984;

Yukon Geology, Vol. 2, 1988;

Yukon Geology, Vol. 3, 1992;

Yukon Mineral Industry, 1941 to 1959;

Yukon Placer Mining Industry 1978 - 1982;

Yukon Placer Mining Industry 1983 - 1984;

Yukon Placer Mining & Exploration 1985 - 1988;

Yukon Placer Mining Industry 1989 - 1990;

Yukon Placer Mining Industry 1991 - 1992;

Yukon Placer Mining Industry 1993 - 1994;

Yukon Placer Mining Industry 1995, '96, '97;

Yukon Quaternary Geology - Volume 1, 1996;

Yukon Quaternary Geology - Volume 2, 1997;

Report on Research Projects Funded by The Economic Development Agreement Between The Government of Canada And Yukon Government;

A Brief History of Placer Mining in The Yukon, 1989;

Yukon Geoscience - A Blueprint for the Future, 1995;

Yukon Placer Mining 1988;

Geology of the White River Native Copper Deposits Yukon (115F);

Index to Mining Assessment Reports by NTS Map Sheet Number, 1997;

Index to Mining Assessment Reports Listed Numerically, 1997;

Yukon Minerals Industry Bibliography, 1994;

Index to Mining Assessment Reports Listed Numerically, 1999;

Stratabound Barite and Lead-Zinc Deposits in Eastern Selwyn Basin, Yukon (Regional), 1976 (text and map);

Progress Report on Stratigraphic Investigations of the Lowermost Succession of Proterozoic Rocks, Northern Wernecke Mountains, Yukon (Regional), 1978;

Mineralogical Analysis of Ore Specimens from the Rare Earth Deposits of Dodgex (Part 1 and Part 2), 1995;

Granite Pegmatites in the Canadian Cordillera Yukon and Northwest Territories, 1995;

Exploration Criteria for Gemstone Deposits and their Application to Yukon Geology, 1996;

Granitic Pegmatites in NW Canada, 1996;

Placer Gold Dredging Using an Excavator and Floating Processing Plant, 1993;

An Evaluation of the Gold Recovery of Placer Drills Using Radio Tracers, 1993;

An Evaluation of Ground Penetrating Radar as a Tool in Placer Exploration, 1994;

An Evaluation of the Gold Recovery of Placer Drills Using Radiotracers (Part II), 1995;

Testing The Viability of Floater Dredging in Frozen Ground, 1995;

Light Auger Drilling for Placer Prospecting in the Klondike District, Yukon: A Pilot Project, 1995;

The Use of Diffuser Systems for Dispersion of Placer Mining Effluent, 1996;

Fine Gold Recovery of Selected Sluicebox Configurations;

Placer Mining Settling Ponds (Volume 1), 1986;

Placer Wastewater Treatment Technology - Placer Mining Settling Ponds (Volume 2), 1986;

Flocculent Test Program, 1986;

Materials Handling Technology (Volume 1), 1986 (text);

Materials Handling Technology (Volume 2), 1986 (drawings);

Placer Mining Materials Handling Field Trials, 1988;

The Use of Radio Tracers to Evaluate Gold Losses at Klondike Placer Mines , 1988;

Gold Losses at Klondike Placer Mines - Gold Recovery Project (Phase 1), 1989;

An Analysis of Sluicebox Riffle Performance, 1990;

Placer Gold Recovery Research: Final Summary, 1990;

Summary Report on Placer Research Projects, 1990;

Geological, Geochemical and Geophysical Exploration for Diamonds in Yukon, 1993;

Very Fine Stream Sediment Sampling for Gold, 1993;

Fine Gold Geochemistry for Gold Orientation Survey, 1994;

Beneficiation of Barite Ore, 1995;

Williams Creek Project, Thermal Leach Project Test Heap Leach at Carmacks, Yukon Territory, 1996;

Investigation into the Reprocessing of Elsa Tailings, 1996;

Moss Mats as Medium for Stream Sediment Geochemistry, 1996;

Whitehorse Copper Mine Reclamation Review, Yukon Territory, 1995;

Natural Land Reclamation for Mineral Exploration Properties & Placer Mines in Yukon, 1996 (Egsd Bulletin 5);

Reclamation Practices and Research on Mineral Exploration Properties in the Yukon Territory, 1998;

A Study into the Feasibility for Small Scale Custom/Portable Milling in the Yukon, 1987;

Heap Leaching Grade and Metallurgical Evaluation of White Channel Gravel, 1987;

The Whitehorse Copper Belt: Mining Exploration And Geology 1967 - 1980 (105D) (EGSD bulletin 1);

Geology and Genesis of The Mt. Skukum Epithermal Gold-Silver Deposits, S.W. Yukon (105 D) (EGSD bulletin 2);

A History of the Whitehorse Copper Belt, 1993;

Whitehorse Copper Belt: A Simplified Technical History, 1993;

Skukum Creek Gold/Silver Deposit - Rainbow Zone Bioleach and Cyanidation Gold/Silver Recovery Phase 1 Test Program, 1993;

Whitehorse Copper Mine Reclamation Review, Yukon Territory, 1995;

Faro Down Valley Tailings Research Program Report: Tailings Reprocessing Executive Summary, 1993 (text only);

Sedimentology of Placer Gravels near Mt. Nansen Central Yukon Territory(115 I);

Shape and Composition of Lode and Placer Gold from the Klondike District, Yukon (115 O Parts of 116 B);

Shape and Composition of Lode and Placer Gold from the Klondike District, Yukon Canada (115 O Parts of 116 B);

Proposed Tombstone Area Park: a Preliminary Review of Mineral Potential (116 B), 1994;

Cinematographic Works

DIAND Mining Land Use Regulations 1997;

Video on Placer Gold Floater Dredging, 1993;

Carmacks Dye Study (two videos), 1997;

Dawson Dye Study, 1994;

Dawson Dye Study, 1996;

Dawson City Sewage Dye Studies (4 videos), 1995;

Dawson Dye Study;

Hg Pilot Project Water Resources, 1997;

Yukon Dye Studies;

Artistic Works

Poster and Display Panels: Report All Wildfires/Signalez tous les feux de forêt;

Forest Week Display Panels;

The Whitehorse Copper Belt - A Compilation (105 D), 1984 (1:25,000 scale map with marginal notes);

Preliminary Geology Map of Mt. Skukum Volcanic Complex (105D /2/3/4/5), 1985;

Geological Map of Thirty-Seven Mile Creek Area, Southern Yukon (105 D/13), 1993;

Geological Map of Joe Mountain Map Area, Yukon (105 D/15), 1994;

Preliminary Geological Map of Mt. M'Clintock Map Area (105 D/16), Yukon, 1995;

Preliminary Geological Map of Wolverine Lake Area, Pelly Mountains, S.E. Yukon (105 G/8, North Half), 1998;

Yukon Minfile: 95 C - Redstone River, Great Bear River & Pelly River - 16 Mile (map and text);

Yukon Minfile: 95 D - Coal River (map and text);

Yukon Minfile: 95 E - Flat River (map and text);

Yukon Minfile: 105 A - Watson Lake (map and text);

Yukon Minfile: 105 B - Wolf Lake (map and text);

Yukon Minfile: 105 C - Teslin (map and text);

Yukon Minfile: 105 D - Whitehorse (map and text);

Yukon Minfile: 105 E - Laberge (map and text);

Yukon Minfile: 105 F - Quiet Lake (map and text);

Yukon Minfile: 105 G - Finlayson Lake (map and text);

Yukon Minfile: 105 H - Frances Lake (map and text);

Yukon Minfile: 105 I - Nahanni (map and text);

Yukon Minfile: 105 J - Sheldon Lake (map and text);

Yukon Minfile: 105 K - Tay River (map and text);

Yukon Minfile: 105 L - Glenlyon (map and text);

Yukon Minfile: 105 M - Mayo (map and text);

Yukon Minfile: 105 N - Lansing (map and text);

Yukon Minfile: 105 O - Niddery Lake (map and text);

Yukon Minfile: 106 B - Bonnet Plume Lake (map and text);

Yukon Minfile: 106 C - Nadaleen River (map and text);

Yukon Minfile: 106 D - Nash Creek (map and text);

Yukon Minfile: 106 E - Wind River (map and text);

Yukon Minfile: 106 F - Snake River (map and text);

Yukon Minfile: 115 A - Dezadeash (map and text);

Yukon Minfile: 115 B & C - Mt. St. Elias (map and text);

Yukon Minfile: 115 F & G - Kluane Lake (map and text);

Yukon Minfile: 115 H - Aishihik Lake (map and text);

Yukon Minfile: 115 I - Carmacks (map and text);

Yukon Minfile: 115 J & K - Snag (map and text);

Yukon Minfile: 115 N & O - Stewart River (map and text);

Yukon Minfile: 115 P - McQuesten (map and text);

Yukon Minfile: 116 A - Larsen Creek (map and text);

Yukon Minfile: 116 B & C - Dawson (map and text);

Yukon Minfile: Northern Yukon - Portions of NTS 106, 107, 116 & 117 - Peel River & Firth River - 16 Mile (map and text);

Yukon Geoprocess File: Introduction and Users Guide (NTS sheet and text);

Yukon Geoprocess File: 95 C - La Biche River (NTS sheet and text);

Yukon Geoprocess File: 95 D - Coal River (NTS sheet and text);

Yukon Geoprocess File: 95 E - Flat River (NTS sheet and text);

Yukon Geoprocess File: 105 A - Watson Lake (NTS sheet and text);

Yukon Geoprocess File: 105 B - Wolf Lake (NTS sheet and text);

Yukon Geoprocess File: 105 C - Teslin (NTS sheet and text);

Yukon Geoprocess File: 105 D - Whitehorse (NTS sheet and text);

Yukon Geoprocess File: 105 E - Lake Laberge (NTS sheet and text);

Yukon Geoprocess File: 105 F - Quiet Lake (NTS sheet and text);

Yukon Geoprocess File: 105 G - Finlayson Lake (NTS sheet and text);

Yukon Geoprocess File: 105 H - Frances Lake (NTS sheet and text);

Yukon Geoprocess File: 105 I - Nahanni River (NTS sheet and text);

Yukon Geoprocess File: 105 J - Sheldon Lake (NTS sheet);

Yukon Geoprocess File: 105 K - Tay River (NTS sheet and text);

Yukon Geoprocess File: 105 L - Glenlyon (NTS sheet and text);

Yukon Geoprocess File: 105 M - Mayo (NTS sheet and text);

Yukon Geoprocess File: 106 B - Bonnet Plume (NTS sheet and text);

Yukon Geoprocess File: 106 C - Nadaleen River (NTS sheet and text);

Yukon Geoprocess File: 106 D - Nash Creek (NTS sheet and text);

Yukon Geoprocess File: 106 E - Wind River (NTS sheet and text);

Yukon Geoprocess File: 106 F - Snake River (NTS sheet and text);

Yukon Geoprocess File: 115 A - Dezadeash (NTS sheet and text);

Yukon Geoprocess File: 115 F & G - Kluane Lake (NTS sheet and text);

Yukon Geoprocess File: 115 H - Aishihik Lake (NTS sheet and text);

Yukon Geoprocess File: 115 I - Carmacks (NTS sheet and text);

Yukon Geoprocess File: 115 J & K - Snag (NTS sheet and text);

Yukon Geoprocess File: 115 N & O - Stewart River (NTS sheet and text);

Yukon Geoprocess File: 115 P - McQuesten (NTS sheet and text);

Yukon Geoprocess File: 116 A - Larsen Creek (NTS sheet and text);

Yukon Geoprocess File: 116 B & C - Dawson (NTS sheet and text);

Yukon Geoprocess File: 116 F & G - Ogilvie River (NTS sheet);

Yukon Geoprocess File: 116 H - Hart River (NTS sheet and text);

Poster: White Channel Gravel, Klondike Gold Fields, Yukon, Canada, 1998;

Placer Mining and Exploration Compilation (NTS 105 A/B/C/D), 1995 (text and maps);

Geology of the Spencer Creek (105 B 1) and Daughney Lake (105 B 2) Map Areas, Rancheria District, S.E. Yukon, 1986 (text and maps);

Geology of Sab Lake (105 B 7) and Meister Lake (105 B 8), 1987 (text and maps);

Geology of Gravel Creek (105 B 10) and Irvine Lake (105 B 11) Map Areas, 1988 (text and maps);

Interpretive Geology of the Jakes Corner Geophysical Survey (105 C/5, 105 D/8/9), 1995 (text and maps);

Metallogenic Map, Whitehorse Map Area, Yukon (105 D), 1979 (text and maps);

Geology of Carcross (105D/2) and Part of Robinson (105D/7) Map Areas, 1989;

Geology of Whitehorse, Alligator Lake, Fenwick Creek, & Part of Robinson Map Areas (105 D/11/6/3/2/7), 1990 (text and maps);

Airborne Em and Mag Survey, Jakes Corner Project, 1994 (text and maps);

Notes to Prospectors - Jakes Corner Dighem Survey Interpretation, 1995 (text and maps);

A Transect Across Northern Stikinia: Geology of The Northern Whitehorse Map Area, Southern Yukon Territory (105D/13-16), 1997(EGSD Bulletin 8) (text and maps);

Geology of Thirty-Seven Mile Creek Map Area, Southern Yukon (105D/13), 1997;

Geology of Upper Laberge Map Area, Southern Yukon (105D/14), 1997;

Geology of Joe Mountain Map Area, Southern Yukon (105D/15), 1997;

Geology of Mt. M'Clintock Map Area, Southern Yukon (105D/16), 1997;

Mineral Potential Map of the City of Whitehorse, 1998;

Placer Mining and Exploration Compilation (NTS 105 E), 1995 (text and map);

Preliminary Geological Map of Grass Lakes Area, Pelly Mountains, S.E. Yukon (105 G/7), 1997;

Preliminary Geological Map of the Mt. Vermillion Area, Southern Yukon (Parts 105 G/5 and G/6), 1998;

Geological Map of Wolverine Lake Area (105G/8), Pelly Mountains, S.E. Yukon 1999;

Geological Map of Parts of Finlayson/Frances Lake Area (105G/7,8, and parts of 1, 2 & 9 and parts of 105H/5&12), S.E. Yukon, 1999;

Surficial Geology Map and Till Geochemistry of Swim Lakes (105K/2 NW), Central Yukon (1:25,000 scale), 1999;

Surficial Geology Map and Till Geochemistry of Blind Creek (105K/7 SW), Central Yukon (1:25,000 scale), 1999;Surficial Geology Map and Till Geochemistry of Mt. Mye And Faro (105K/3 E & 6E), Central Yukon (1:25,000 scale), 1999;

Surficial Geology Map of Mt. Mye And Faro (105K/3 W AND 6 W), Central Yukon (1:25,000 scale), 1999;

Surficial Geology Map and Till Geochemistry of Mt. Mye (105K/6 E), Central Yukon (1:25,000 scale), 1999;

Surficial Geology Map and Till Geochemistry of Mt. Mye (105K/6 W), Central Yukon (1:25,000 scale), 1999;

Geological Map of Rose Mountain (105K/5 NW), Central Yukon (1:25,000 scale), 1999;

Geological Map of Blind Creek (105K/7 NW), Central Yukon (1:25,000 scale), 1999;

McConnell Ice-flow Map of the Anvil District (105K), Central Yukon (1:25,000 scale), 1999;

Geological Map of Blind Creek (105K/7 SE), Central Yukon (1:25,000 scale), 1999;

Surficial Geology Map and Till Geochemistry of Rose Mountain (105K/5 NE), Central Yukon (1:25,000 scale), 1999;

Surficial Geology Map of Rose Mountain (105K/5 SE), Central Yukon (1:25,000 scale), 1999;

Surficial Geology Map and Till Geochemistry of Rose Mountain (105K/5 NW), Central Yukon (1:25,000 scale), 1999;

Surficial Geology Map and Till Geochemistry of Swim Lakes (105K/2 NE), Central Yukon (1:25,000 scale), 1999;

Surficial Geology Map and Till Geochemistry of Blind Creek (105K/7 SE), Central Yukon (1:25,000 scale), 1999;

Preliminary Geological Map, Little Kalzas Lake, Central Yukon (105 L/13) (1:50,000), 1998;

Preliminary Geological Map of Little Salmon Range (parts of 105L/1,2&7), Central Yukon (1:50,000), 1999;Geology of the McQuesten River Region, Northern McQuesten and Mayo Map Areas, Yukon Territory (115P/14 - 16, 105M/13 - 14) (EGSD Bulletin 6) (text and maps);

Geology of The Mayo Map Area, Yukon Territory (105M) (EGSD Bulletin 7) (text and map), 1997;

Geology Map of The Tiny Island Lakes Map Area (105M/16), 1990;

Geological Map of Mayo Map Area (105 M) (1:50,000), 1992;

Geological Map of Southern Mayo (105 M/1-4 and part of 5/6), 1993;

Geological Map of Mt. Haldane Map Area, Central Yukon (105M/13) (1:50,000 scale), 1996;

Geological Map of Keno Hill Area (105M/14), 1996;

Bedrock Geology of Mayo Map Area, Central Yukon (105 M) (1:250,000 scale), 1997;

Surficial Geology of Mt. Haldane Map Area, Central Yukon (105 M/13) (1:50,000 scale), 1998;

Surficial Geology of Keno Hill Map Area, Central Yukon (105 M 14), 1998;

Glacial Limits and Ice-flow Map, Mayo Area, Central Yukon (105M), 1999 (1:250,000 scale);

Geological Map of West Lake Map Area, Hess Mountains, East-Central Yukon (105 N 9) (1:50,000 scale), 1994;

Geological Map of Lansing Map Area (105 N), East Half, Yukon (1:25,000 scale map), 1995;

Geological Setting and Stratiform Mineralization of the Tom Claims, Yukon Territory (105 O) (text and maps), 1979;

Geology of the Macmillan Fold Belt 105 O SE and Parts of 105 P SW (text and maps), 1983;

Geological Map of Fairchild Lake Map Area (106 C/13) (1:50,000 scale), Wernecke Mountains, Yukon, 1994;

Geological Map of Dolores Creek Map Area (106 C 14) (1:50,000 scale), Wernecke Mountains, N.E. Yukon, 1995;

Geological Map of Fairchild Lake Area, Wernecke Mountains, Yukon (106 C/13) (1:50,000 scale), 1998;

Geological Map of Dolores Creek Map Area Wernecke Mountains, Yukon (106 C/14) (1:50,000 scale), 1998;

Geology of The Mt. Westman Map Area (106 D/1), 1990;

Geology of 106 D/8 & D/7 (East Half) Map Areas, 1990;

Geological Map of Slats Creek Map Area, Wernecke Mts. Yukon (106 D/16) (1:50,000 scale), 1993;

Geological Map of Slats Creek Map Area, Wernecke Mountains, Yukon (106 D/16) (1:50,000 scale), 1998;

Placer Mining and Exploration Compilation (NTS 106 D) (text and map), 1995;

Surficial Geology of Dublin Gulch Map Area, Central Yukon (106 D 4) (map only), 1998;

Nickel-Copper-Sulphide Deposits in Kluane Ranges, Yukon (Parts of 115 F, 115G), 1976;

Placer Mining and Exploration Compilation (NTS 115 F/G), 1995;

Geology of the White River Native Copper Deposits Yukon (115 F);

Geological Map of Aishihik Lake Map Area Southwest Yukon 115 H 6, 1994;

Geological Map of the Hopkins Lake Area, Southwest Yukon 115 H/7, 1994;

Geology of Aishihik Lake Map Area, Yukon (115H/6), 1997;

Geology of Hopkins Lake Map Area, Yukon (115H/7), 1997;

Geology of Mt. Nansen (115 I 3) and Stoddart Creek (115 I 6) Dawson Range Area, Central Yukon, 1987;

Geology of Colorado Creek (115 J/10) , Selwyn River (115 J/9) & Prospector Mountain, (115 I/5) Map Areas, Western Dawson Range, West Central Yukon, 1987;

Geological Map of Wolverine Creek Map Area, Dawson Range, Yukon (115 I/12), 1993;

Placer Mining and Exploration Compilations (NTS 115 I and 115 J & K), 1994;

Geology Compilation with Interpretation from Geophysical Surveys of the Northern Dawson Range (115 J/9/10 and 115 I/12), Central Yukon, 1995;

Geology of Colorado Creek (115 J/10) , Selwyn River (115 J/9) and Prospector Mountain (115 I/5) Map Areas, Western Dawson Range, West Central Yukon, 1987;

Geology Compilation with Interpretation from Geophysical Surveys of the Northern Dawson Range (115 J/9/10 and 115 I/12), Central Yukon, 1995;

Bedrock Geology and Mineralization of the (West) Klondike Area, 115 O/14/15 & 116 B/2/3, 1984;

Bedrock Geology and Mineralization of the (East) Klondike Area (115 0/9,10,11,14, 15,16 & 116 B/2), 1985;

Surficial Geological Map of Black Hills Creek Map Area, Stewart River Yukon (115 O/7 and Parts of 115 O/2/6/10), 1993;

Surficial Geological Map of Stewart River Valley, Central Yukon (Parts of 115 O/ 8, 115 P/5/12), 1994;

Surficial Geological Map of Stewart River Valley, Central Yukon (Parts of 1150/2, 3, 6, 7), 1994;

Surficial Geological Map of the Yukon River and Sixtymile River, (Parts 115 O/5/12 & 115 N/9) Western Yukon, 1995

Geological Compilation Maps of Northern Stewart River Area Klondike and Sixtymile Districts (115 N/15/16, 115 O/13/14 & Parts of 115 O/15/16), 1996;

Surficial Geology and Sedimentology of Garner, Ogilvie, and Matson Creek Map Areas (115 O/13, 115 O/12, and 115 N/9, East Half), 1998;

Surficial Geology of Matson Creek and Ogilvie (115/09 and 1150/12) Geoscience Map, 1998;

Surficial Geology of Garner Creek (115 O/13), 1998;

Geology of the McQuesten River Region, Northern McQuesten and Mayo Map Areas, Yukon Territory (115P/14 - 16, 105M/13 - 14);

Surficial Geology of Clear Creek Drainage Basin (115 P) (1:50,000 Scale Map/legend), 1983;

Geological Map of Clear Creek Map Area, Western Selwyn Basin, Yukon (115P/14), 1996;

Geological Map of the Sprague Creek Map Area, Western Selwyn Basin, Yukon (115P/15), 1996;

Geological Map of Seattle Creek Map Area (115 P/16) Western Selwyn Basin, Yukon, 1996;

Surficial Geology of Sprague Creek Map Area, Central Yukon (115 P/15), 1998;

Surficial Geology of Seattle Creek Map Area, Central Yukon (115 P/16), 1998;

Geology of the Upper Hart River Area, Eastern Ogilvie Mountains, Yukon Territory (116a/10/11);

Geological Map of Part of Map Sheets 116 A/10/11, 1992;

Geological Map of 116 A10 Map Area, Ogilvie Mts. Yukon (116 A/10), 1993;

Geology of Map Area 116A/10, Eastern Ogilvie Mountains, Yukon, 1997;

Geological Map of Two Beaver Lake Map Area, Ogilvie Mts, Yukon (116 A 11), 1993;

Geology of Two Beaver Lake Map Area, Eastern Ogilvie Mountains, Yukon (116A/11), 1997;

Surficial Geology Map of North McQuesten River Map Area, Central Yukon (116A/1), 1998;

Bedrock Geology and Mineralization of the (West) Klondike Area, 115O/14,15 & 116B/2,/3, 1984;

Bedrock Geology & Mineralization of the (East) Klondike Area (1050/9/10/11/14/15/16 & 116 B/2), 1985;

Geology of Ogilvie Mountains Breccias, Coal Creek Inlier (116B/11/13/14) Yukon Territory, 1992;

Yukon Digital Geology (2 CD Roms), 1999;

Glacial Limits Map of Yukon, 1999;

Preliminary Metallogenic Maps of Yukon, 2000.

SECTION E - COPYRIGHTED COMPUTER PROGRAMS

Land Interest Management System;

Yukon Mining Inspection System;

Northern Mining Records System;

Mining Land Use System;

Yukon Land Use Permit System;

Yukon Minfile;

Yukon Placer Minfile;

Water License System;

Fire Management System;

Water Quality System;

Snow Survey System;

Forest Management System/Datasets.

SECTION F - COMMERCIALLY AVAILABLE COMPUTER PROGRAMS

Microsoft Office Suite Standard and Professional (various versions) and the following individual products:

MS Word;

MS Excel;

MS PowerPoint;

MS Access;

MS Publisher;

Corel Suite;

Windows NT Ver 4.0 Server;

Windows 2000 Server;

Windows 95 Desktop Operating System;

Windows 2000 Desktop Operating System;

Windows NT Client Access;

Oracle Server and User Run Time/Deployment;

PowerBuilder (all versions in use);

ArcInfo, ArcView, Map Info and other ESRI products or other third party GIS software products.

Return to Table of Contents





Appendix G - Fire Suppression (5.2)

SECTION A - CATEGORIES OF FIRE SUPPRESSION EXPENSES

1. Daily basing fees, flying hours for preparedness and Fire Suppression for fixed wing aircraft under contract (air tanker and bird dog);

2. Basing minimums and flying hours for preparedness and Fire Suppression for rotor wing aircraft (helicopters) under contract;

3. Fixed wing aircraft flying hours for staff and equipment movements between districts to service fires and ongoing fire spotting patrols;

4. Costs associated with use of rental vehicles for Fire Suppression (i.e. passenger vehicles, trucks and all-terrain vehicles);

5. Fuel and oil costs for rotor and fixed wing aircraft, heavy and light equipment, and other vehicles;

6. Fire retardant and associated transportation costs;

7. Contract costs associated with standing offer agreements inclusive of transportation and direct Fire Suppression costs;

8. Direct Fire Suppression costs, including initial attack costs, but excluding presuppression costs, associated with multi-year contracts made with First Nations for fire management services pursuant to NAP PSTA Fire Provisions or any similar contracts made with First Nations;

9. Fire Suppression contractors (i.e. first aid services, camp security, camp caterers, etc.);

10. Costs incurred by other jurisdictions for Fire Suppression in Yukon under interagency agreements (e.g. mutual aid resource sharing agreements);

11. Wages for upfront training and Fire Suppression for extra staff (i.e. firefighters, radio operators, cooks, truck drivers, etc.);

12. Staff overtime wages inclusive of preparedness (alerts) and direct Fire Suppression hours;

13. Regular and extra Fire Suppression staff lodging, meals and incidentals;

14. Yukon worker compensation coverage for extra Fire Suppression staff;

15. Seasonal Fire Suppression staff medical examinations;

16. Staff Training (i.e. Fire Suppression courses);

17. Fire Suppression consumables (i.e. flagging tape, office supplies, radio batteries, etc.);

18. Food provisions for fire camps;

19. Communication expenses (i.e. telephones, faxes, etc.);

20. Fire equipment write-offs (i.e. burned and lost equipment).

SECTION B - PROCEDURES FOR SHARING FIRE SUPPRESSION EXPENSES

1. In a fiscal year where Fire Suppression expenses exceed the amount referred to in 5.2 of this Agreement, the YTG shall, as soon as practicable after the end of a fire season but no later than February 28th following the fire season, provide to Canada a financial report of expenses falling within the categories listed in Section A of this Appendix.

2. As soon as practicable after receiving the financial report of Fire Suppression expenses from the YTG, Canada shall provide a payment to the YTG in an amount equal to Canada's share of Fire Suppression expenses, less any advance payment provided to the YTG for that fiscal year pursuant to clause 6.

3. Canada may conduct, at its own expense, an audit of YTG's Fire Suppression expenses financial report and the YTG shall provide Canada with access to all relevant records for that purpose.

4. Where the YTG forecasts that its Fire Suppression expenses falling within the categories listed in Section A of this Appendix will significantly exceed the amount referred to in 5.2 of this Agreement, it may request an advance payment from Canada equal to Canada's estimated share of the final Fire Suppression expenses for that fiscal year.

5. The YTG may request a second advance payment in the same fiscal year where it forecasts that its Fire Suppression expenditures will be greater than previously forecasted.

6. Where it agrees to do so, Canada shall provide, as soon as practicable, an advance payment to the YTG for that fiscal year.

7. The YTG shall reimburse Canada for any overpayment of Fire Suppression expenses:

(a) as soon as practicable after the financial report referred to in clause 1 is submitted to Canada, but no later than March 31st following the fire season, or

(b) in the event a federal audit of the financial report, as soon as practicable after a report of that audit is received by the YTG.

8. Where Canada provides funds to the YTG pursuant to clauses 2 or 6, the YTG shall provide to Canada an extract of its public accounts prepared pursuant to the Financial Administration Act (Yukon), accounting for its actual Fire Suppression expenses, as soon as practicable after completion of the auditor general's report in respect of such public accounts.

Return to Table of Contents





Appendix H - Inventory Of Sites (Definitions of Type I Site and Type II Site, and 6.15)

SECTION A - REMEDIATED SITES
  Site Number Decimal Degrees of Latitude Decimal Degrees of Longitude
1 BC001 62.233 -140.683
2 BC025 62.433 -140.350
3 BC091 61.967 -140.500
4 BC101 62.242 -140.683
5 CA003 61.708 -135.933
6 CA005 62.417 -136.600
7 CA006 62.417 -136.600
8 CA007 62.533 -136.767
9 CA008 62.542 -136.767
10 CA009 62.592 -136.875
11 CA010 62.600 -136.858
12 CA011 62.750 -136.667
13 CA012 62.817 -136.583
14 CA013 62.867 -136.425
15 CA014 62.883 -136.183
16 CA015 62.867 -135.950
17 CA016 62.875 -137.108
18 CA017 62.867 -137.000
19 CA018 62.475 -136.667
20 CA019 62.083 -135.617
21 CA027 61.642 -136.025
22 CA032 62.567 -137.925
23 CA048 62.883 -136.550
24 CA053 62.850 -136.500
25 CA057 62.050 -135.667
26 CA058 62.050 -135.933
27 CA059 62.617 -136.847
28 CA061 62.217 -136.317
29 CA062 62.192 -134.608
30 DA001 64.117 -138.267
31 DA002 65.117 -137.950
32 DA003 67.167 -140.383
33 DA007 67.700 -136.467
34 DA008 65.700 -137.617
35 DA009 65.717 -137.708
36 DA012 66.500 -137.267
37 DA013 66.317 -137.042
38 DA014 66.175 -137.300
39 DA015 66.156 -137.150
40 DA016 66.365 -137.017
41 DA017 68.083 -139.417
42 DA018 65.967 -137.233
43 DA020 64.467 -133.983
44 DA022 66.533 -136.450
45 DA023 67.117 -138.400
46 DA024 66.550 -138.417
47 DA025 66.133 -134.450
48 DA026 64.817 -140.517
49 DA027 66.867 -140.650
50 DA028 67.633 -138.633
51 DA030 68.250 -140.667
52 DA038 68.350 -140.150
53 DA043 67.867 -137.550
54 DA044 67.100 -138.683
55 DA045 66.933 -138.300
56 DA046 66.751 -137.352
57 DA047 66.600 -137.667
58 DA048 66.283 -137.667
59 DA052 68.067 -138.000
60 DA054 67.533 -139.833
61 DA055 66.483 -136.900
62 DA056 65.483 -136.900
63 DA057 65.833 -137.983
64 DA058 65.767 -138.983
65 DA059 65.150 -138.017
66 DA061 67.000 -136.167
67 DA062 66.500 -134.083
68 DA064 65.967 -139.683
69 DA065 66.867 -137.500
70 DA066 67.533 -139.967
71 DA067 67.550 -139.900
72 DA068 67.567 -139.650
73 DA069 67.567 -139.817
74 DA070 67.567 -138.233
75 DA071 65.967 -139.233
76 DA075 66.133 -138.450
77 DA076 67.383 -137.250
78 DA077 66.750 -138.117
79 DA078 65.400 -138.250
80 DA079 64.083 -139.550
81 DA080 64.133 -139.767
82 DA081 64.150 -139.767
83 DA082 64.217 -140.217
84 DA083 64.217 -140.333
85 DA084 64.200 -140.300
86 DA085 65.083 -140.933
87 DA086 64.417 -140.600
88 DA087 64.400 -140.583
89 DA088 64.333 -140.517
90 DA089 64.033 -139.233
91 DA090 64.033 -139.367
92 DA091 63.917 -138.617
93 DA092 63.933 -138.400
94 DA093 63.933 -138.367
95 DA094 63.850 -137.967
96 DA095 63.817 -137.933
97 DA096 63.800 -137.733
98 DA097 64.050 -138.933
99 DA098 64.067 -139.600
100 DA099 63.950 -138.700
101 DA100 64.033 -139.317
102 DA101 63.983 -138.733
103 DA102 63.983 -138.650
104 DA103 64.183 -138.533
105 DA104 64.333 -138.450
106 DA105 64.417 -138.300
107 DA106 64.450 -138.250
108 DA107 64.450 -138.217
109 DA108 64.567 -138.267
110 DA109 64.667 -138.367
111 DA110 64.800 -138.367
112 DA111 64.867 -138.333
113 DA112 64.600 -138.283
114 DA113 65.108 -138.317
115 DA116 68.167 -137.783
116 DA119 65.667 -136.083
117 DA121 68.400 -138.617
118 DA123 67.133 -137.383
119 DA124 66.200 -138.550
120 DA126 64.200 -139.917
121 DA127 65.767 -137.967
122 DA128 66.467 -139.217
123 DA129 64.317 -138.433
124 DA130 65.800 -134.583
125 DA131 65.817 -137.700
126 DA132 65.500 -138.250
127 DA133 66.367 -138.367
128 DA135 66.017 -137.083
129 DA136 64.067 -130.967
130 DA137 65.067 -138.150
131 DA138 64.233 -140.217
132 DA139 64.233 -140.283
133 DA141 65.683 -139.700
134 DA142 65.400 -137.467
135 DA143 65.383 -137.467
136 DA144 66.500 -137.333
137 DA146 68.217 -138.700
138 DA148 67.417 -140.967
139 DA149 64.083 -138.533
140 DA150 66.417 -137.050
141 DA152 63.517 -139.483
142 DA153 64.367 -140.717
143 DA158 64.008 -140.000
144 DA159 63.950 -140.550
145 DA160 64.483 -140.267
146 DA163 64.833 -140.600
147 DA164 64.833 -140.533
148 DA165 64.833 -140.517
149 DA166 64.850 -140.450
150 DA167 64.867 -140.417
151 DA168 64.883 -140.317
152 DA169 66.317 -140.117
153 DA170 64.850 -139.333
154 DA181 64.150 -138.017
155 DA182 64.050 -138.533
156 DA183 64.467 -138.783
157 DA184 64.733 -138.717
158 DA185 64.933 -140.033
159 DA186 64.917 -139.933
160 DA190 67.833 -139.900
161 DA191 67.850 -139.883
162 DA192 64.000 -138.400
163 DA193 64.083 -140.983
164 DA194 64.700 -140.067
165 DA195 66.417 -136.717
166 DA196 65.950 -137.367
167 DA197 66.383 -137.033
168 DA198 66.373 -137.198
169 DA200 66.859 -138.042
170 DA201 66.622 -137.417
171 DA202 66.317 -138.267
172 DA206 64.283 -140.333
173 DA207 63.717 -140.133
174 DA209 64.833 -138.383
175 DA210 65.333 -138.283
176 DA211 64.050 -138.617
177 DA212 64.000 -138.500
178 DA213 64.000 -138.483
179 DA214 64.033 -138.833
180 DA215 64.033 -138.833
181 DA216 63.867 -138.167
182 DA219 63.716 -140.064
183 DA220 63.557 -139.931
184 DA222 63.817 -137.917
185 DA223 63.933 -138.583
186 DA224 63.750 -137.733
187 DA226 63.767 -137.750
188 DA227 64.083 -141.000
189 DA228 64.000 -139.583
190 DA232 64.183 -140.583
191 DA234 64.100 -140.767
192 DA235 64.225 -140.333
193 DA236 64.033 -139.117
194 DA237 64.314 -140.504
195 DA238 63.873 -137.421
196 DA239 63.800 -137.917
197 DA240 64.017 -138.758
198 DA242 64.063 -138.989
199 DA244 64.083 -140.350
200 DA248 63.017 -139.100
201 DA250 64.033 -139.350
202 DA251 63.622 -138.669
203 HJ001 60.750 -137.500
204 HJ002 61.450 -138.183
205 HJ003 61.633 -137.500
206 HJ004 61.700 -137.467
207 HJ007 60.767 -137.450
208 HJ008 60.783 -137.650
209 HJ009 61.567 -137.633
210 HJ011 60.767 -137.417
211 HJ013 61.250 -136.917
212 LA001 61.008 -134.100

213

LA002 61.100 -135.300
214 LA003 61.133 -135.350
215 LA004 61.183 -135.367
216 LA005 61.300 -135.533
217 LA006 61.317 -135.600
218 LA007 61.483 -135.767
219 LA008 60.850 -135.700
220 LA009 60.850 -135.717
221 LA011 60.783 -136.300
222 LA012 60.733 -135.483
223 LA013 60.883 -135.383
224 LA014 60.883 -135.450
225 LA015 60.900 -135.450
226 LA016 60.600 -135.450
227 LA017 60.933 -135.450
228 LA018 60.733 -135.483
229 LA019 60.817 -135.417
230 LA022 61.200 -134.350
231 LA024 60.817 -135.217
232 LA025 60.997 -135.183
233 LA026 61.019 -135.208
234 LA027 61.392 -135.433
235 LA028 61.117 -135.333
236 LA029 60.783 -135.650
237 LA030 60.833 -135.717
238 LA031 60.850 -135.692
239 LA032 60.783 -136.283
240 LA033 60.800 -135.983
241 LA034 60.900 -135.383
242 LA035 60.900 -135.483
243 MA001 64.483 -135.683
244 MA002 64.608 -135.167
245 MA003 64.508 -135.083
246 MA004 64.921 -134.708
247 MA005 64.754 -134.617
248 MA006 64.775 -134.633
249 MA007 64.750 -134.650
250 MA008 64.750 -134.642
251 MA009 64.808 -134.267
252 MA010 64.817 -134.267

253

MA011 65.033 -134.650
254 MA012 65.117 -134.467
255 MA013 65.217 -134.608
256 MA014 65.783 -134.950
257 MA015 65.850 -134.767
258 MA016 65.950 -134.350
259 MA017 65.917 -134.467
260 MA018 65.914 -133.044
261 MA019 65.687 -133.131
262 MA020 65.667 -133.050
263 MA021 65.466 -133.798
264 MA025 64.067 -133.817
265 MA026 64.992 -133.775
266 MA027 64.958 -133.758
267 MA028 64.858 -133.683
268 MA029 64.700 -133.417
269 MA030 64.533 -132.017
270 MA031 64.408 -132.900
271 MA032 64.400 -132.917
272 MA033 64.358 -132.775
273 MA034 64.417 -132.525
274 MA035 64.325 -131.938
275 MA036 64.325 -131.938
276 MA037 64.325 -133.946
277 MA038 64.533 -133.367
278 MA041 64.225 -134.150
279 MA042 64.242 -134.233
280 MA043 64.283 -134.017
281 MA044 64.292 -134.208
282 MA045 64.275 -134.375
283 MA046 64.267 -134.442
284 MA048 64.117 -134.950
285 MA049 64.117 -134.950
286 MA050 63.967 -135.250
287 MA053 63.450 -136.442
288 MA054 63.450 -136.458
289 MA055 63.450 -136.450
290 MA056 63.467 -136.467
291 MA057 63.283 -134.717
292 MA058 65.783 -133.500
293 MA062 65.317 -134.517
294 MA064 63.292 -132.370
295 MA066 63.233 -134.683
296 MA067 63.233 -134.717
297 MA074 64.567 -134.408
298 MA076 64.184 -131.337
299 MA078 63.592 -135.867
300 MA079 63.617 -135.917
301 MA080 63.617 -135.917
302 MA081 63.383 -136.617
303 MA082 63.570 -137.427
304 MA084 64.567 -134.417
305 MA085 64.536 -134.449
306 MA086 64.506 -134.745
307 MA087 64.617 -134.583
308 MA088 63.371 -136.714
309 MA089 63.371 -136.711
310 MA090 63.617 -135.917
311 MN031 62.293 -137.143
312 RR001 61.800 -131.450
313 RR002 61.400 -131.100
314

RR003

61.467 -131.067
315 RR004 61.967 -131.567
316 RR005 62.167 -130.700
317 RR006 62.067 -130.317
318 RR007 62.350 -129.333
319 RR010 62.967 -130.267
320 RR011 63.333 -131.250
321 RR013 62.950 -132.233
322 RR014 62.900 -132.083
323 RR015 62.900 -131.617
324 RR016 62.683 -131.983
325 RR017 62.433 -132.283
326 RR018 62.217 -132.750
327 RR019 62.217 -132.817
328 RR020 62.217 -132.883
329 RR021 62.217 -132.933
330 RR022 62.183 -132.950
331 RR024 62.350 -132.983
332 RR025 62.650 -133.400
333 RR026 62.567 -133.333
334 RR027 62.550 -133.383
335 RR028 62.417 -133.750
336 RR029 62.400 -133.967
337 RR031 62.400 -133.417
338 RR032 61.833 -132.283
339 RR033 61.833 -132.300
340 RR034 62.817 -130.317
341 RR035 62.200 -132.983
342 RR036 62.483 -132.500
343 RR037 62.183 -132.992
344 RR038 61.967 -132.583
345 RR039 61.658 -133.050
346 RR041 62.280 -131.702
347 TA001 60.433 -134.233
348 TA002 60.267 -134.750
349 TA008 60.467 -134.250
350 TA009 60.500 -134.283
351 TA011 60.025 -133.800
352 TA012 60.339 -133.983
353 TA013 60.175 -133.867
354 TA014 60.039 -133.817
355 TA015 60.106 -133.817
356 TA016 60.356 -134.072
357 TA018 60.358 -134.072
358 TA019 60.383 -134.125
359 TA020 60.383 -134.075
360 TA021 60.383 -134.083
361 TA022 60.383 -134.067
362 TA025 60.133 -133.900
363 TA026 60.242 -133.892
364 TA031 60.342 -133.983
365 TA033 60.700 -135.100
366 TA034 60.175 -134.683
367 TA040 60.518 -134.329
368 TE007 60.150 -131.200
369 TE009 60.200 -132.717
370 TE010 60.183 -132.733
371 TE018 60.492 -133.289
372 TE022 60.858 -133.300
373 WL002 60.050 -128.733
374 WL005 60.133 -129.617
375 WL006 60.633 -129.017
376 WL011 60.017 -127.917
377 WL012 60.050 -128.950
378 WL020 61.926 -129.517
379 WL021 61.827 -129.443
380 WL022 60.033 -129.000
381 WL025 60.817 -128.500
382 WL026 60.500 -127.700
383 WL031 61.467 -127.550
384 WL032 61.367 -127.283
385 WL033 61.033 -127.150
386 WL034 61.217 -127.033
387 WL035 61.217 -127.050
388 WL036 61.283 -128.717
389 WL040 61.683 -128.900
390 WL041 61.683 -128.817
391 WL042 61.667 -128.833
392 WL044 61.017 -130.783
393 WL045 61.033 -130.700
394 WL046 61.200 -130.500
395 WL047 61.217 -130.567
396 WL048 61.367 -130.783
397 WL050 60.050 -124.950
398 WL054 60.117 -128.800
399 WL057 60.167 -128.917
400 WL060 60.117 -128.817
401 WL063 61.500 -127.317
402 WL064 60.617 -128.167


SECTION B - SITES NOT REQUIRING REMEDIATION
  Site Number Decimal Degrees of Latitude Decimal Degrees of Longitude
1 BC005 62.517 -140.700
2 BC008 61.433 -139.217
3 BC009 62.167 -140.683
4 BC010 61.417 -139.417
5 BC012 62.300 -140.950
6 BC014 62.400 -140.383
7 BC016 62.383 -140.367
8 BC018 61.983 -140.500
9 BC021 61.467 -139.467
10 BC023 61.783 -140.800
11 BC024 61.767 -140.783
12 BC026 61.433 -139.250
13 BC032 61.733 -140.667
14 BC033 61.617 -139.667
15 BC034 61.400 -139.167
16 BC035 61.400 -139.167
17 BC036 61.400 -139.167
18 BC037 61.417 -139.183
19 BC038 61.417 -139.167
20 BC040 62.350 -140.100
21 BC043 61.983 -140.500
22 BC044 61.983 -140.500
23 BC045 61.983 -140.517
24 BC047 61.983 -140.517
25 BC049 61.417 -139.233
26 BC050 61.400 -139.233
27 BC051 61.400 -139.233
28 BC052 61.367 -139.233
29 BC053 61.367 -139.233
30 BC054 61.367 -139.250
31 BC055 61.367 -139.250
32 BC056 61.367 -139.267
33 BC057 61.367 -139.267
34 BC058 61.367 -139.383
35 BC061 61.983 -140.867
36 BC064 61.650 -139.717
37 BC066 61.583 -139.367
38 BC070 62.083 -140.733
39 BC071 61.600 -139.900
40 BC072 61.533 -139.883
41 BC073 62.450 -140.750
42 BC074 61.483 -139.667
43 BC075 61.367 -139.233
44 BC077 61.367 -139.483
45 BC081 61.533 -139.067
46 BC082 61.533 -139.667
47 BC087 62.133 -140.667
48 BC088 62.083 -140.667
49 BC089 61.650 -139.750
50 BC090 61.942 -140.400
51 BC093 62.413 -140.861
52 BC094 65.883 -140.217
53 BC095 62.400 -140.617
54 BC096 61.613 -139.622
55 BC097 61.725 -139.728
56 BC098 61.897 -140.217
57 BC099 61.975 -139.463
58 BC100 61.986 -140.061
59 BC102 62.363 -140.872
60 CA001 61.500 -135.825
61 CA023 62.167 -136.383
62 CA025 62.033 -137.050
63 CA026 62.083 -136.833
64 CA030 62.450 -137.917
65 CA038 62.408 -136.833
66 CA052 62.667 -136.900
67 CA054 62.347 -136.411
68 CA060 62.150 -136.267
69 CA063 62.733 -136.683
70 CA067 62.850 -136.517
71 CA068 62.917 -136.500
72 CA069 63.000 -136.483
73 CA071 63.082 -138.429
74 CA072 62.388 -136.602
75 CA073 62.386 -136.628
76 CA074 62.350 -136.600
77 DA019 64.050 -138.500
78 DA063 64.067 -139.433
79 DA147 68.217 -138.667
80 DA162 64.783 -140.683
81 DA187 65.833 -140.250
82 DA188 65.483 -139.717
83 DA199 66.233 -137.233
84 DA203 64.672 -138.658
85 DA204 64.090 -139.026
86 DA205 64.400 -138.267
87 DA217 64.001 -140.051
88 DA225 64.533 -140.483
89 DA230 63.167 -140.250
90 DA245 65.283 -140.917
91 DA246 63.844 -138.901
92 DA247 64.069 -139.425
93 DA249 64.047 -139.128
94 HJ005 61.067 -137.450
95 HJ006 61.667 -138.300
96 HJ014 60.833 -137.383
97 HJ015 60.850 -137.333
98 HJ016 60.858 -137.217
99 HJ017 60.858 -137.150
100 HJ018 60.817 -136.667
101 HJ019 60.817 -137.183
102 HJ020 60.767 -137.467
103 HJ021 60.733 -137.425
104 HJ022 60.742 -137.533
105 HJ023 60.771 -137.517
106 HJ024 60.935 -138.001
107 HJ025 60.953 -138.017
108 HJ026 61.008 -138.250
109 HJ027 61.133 -136.997
110 HJ032 61.207 -138.721
111 HJ033 60.817 -136.850
112 HJ034 60.858 -137.039
113 HJ035 60.925 -137.929
114 HJ036 61.021 -138.417
115 HJ037 60.229 -138.750
116 HJ038 61.255 -138.822
117 HJ039 61.367 -139.033
118 HJ040 61.358 -139.008
119 HJ042 61.333 -139.083
120 HJ043 60.583 -137.233
121 HJ044 60.026 -136.874
122 HJ045 61.013 -138.421
123 LA010 60.800 -136.000
124 LA036 61.072 -135.068
125 LA039 60.850 -135.433
126 LA040 60.850 -135.667
127 LA041 60.850 -135.750
128 MA047 64.158 -134.775
129 MA051 63.950 -135.225
130 MA061 63.700 -132.800
131 MA063 63.233 -132.283
132 MA065 63.233 -134.675
133 MA069 63.700 -134.233
134 MA072 63.783 -136.533
135 MA075 63.758 -136.608
136 MA077 64.925 -133.326
137 MA083 65.384 -133.370
138 MA091 63.233 -132.367
139 MN001 62.271 -137.097
140 MN003 61.838 -133.142
141 MN006 62.714 -138.828
142 MN007 62.051 -137.120
143 MN008 64.300 -140.192
144 MN011 64.548 -140.456
145 MN013 63.997 -134.941
146 MN014 63.939 -135.197
147 MN016 63.083 -140.541
148 MN017 64.640 -133.239
149 MN023 62.203 -136.338
150 MN025 62.283 -137.175
151 MN027 64.028 -135.749
152 MN029 62.078 -137.192
153 MN033 64.635 -136.823
154 MN035 62.567 -137.925
155 MN038 62.500 -129.583
156 MN039 65.047 -134.803
157 MN040 60.491 -137.559
158 MN042 64.254 -134.236
159 MN046 61.534 -132.155
160 MN048 60.367 -135.233
161 MN051 63.893 -139.222
162 MN052 63.916 -135.326
163 MN054 60.533 -127.833
164 MN057 60.180 -135.410
165 MN058 62.389 -136.629
166 MN059 63.783 -136.500
167 MN063 63.586 -132.030
168 MN064 62.326 -137.267
169 MN066 64.317 -133.717
170 MN069 63.944 -135.128
171 MN070
64.302 -139.879
172 MN084
63.160 -130.157
173 MN085
63.910 -135.255
174 MN092
63.883 -135.679
175 MN096 61.975 -132.531
176 RR012 63.933 -131.567
177 RR040 61.750 -133.056
178 RR043 62.681 -131.110
179 RR044 62.700 -131.078
180 RR045 62.881 -130.761
181 RR046 62.881 -130.761
182 RR047 63.061 -130.281
183 RR048 61.821 -132.999
184 RR049 61.881 -132.698
185 RR050 62.041 -132.340
186 RR051 62.701 -131.078
187 RR052 62.000 -131.000
188 TA003 60.883 -134.333
189 TA010 60.417 -134.167
190 TA017 60.500 -134.275
191 TA023 60.425 -135.271
192 TA024 60.028 -134.608
193 TA027 60.233 -133.900
194 TA028 60.372 -134.767
195 TA029 60.511 -134.850
196 TA030 60.317 -134.275
197 TA035 60.522 -134.333
198 TA036 60.560 -134.490
199 TA037 60.575 -134.681
200 TA038 60.720 -135.080
201 TE013 60.017 -131.733
202 TE014 61.017 -133.600
203 TE016 60.492 -133.292
204 TE017 60.500 -133.000
205 TE019 61.333 -131.833
206 TE020 60.133 -132.600
207 TE021 61.483 -132.800
208 TE023 60.421 -133.183
209 TE024 60.102 -130.932
210 TE025 60.039 -131.050
211 TE026 60.051 -130.995
212 TE027 60.110 -132.540
213 TE028 60.483 -133.466
214 TE029 60.410 -133.718
215 TE030 60.114 -132.524
216 TE031 61.317 -133.000
217 TE032 60.098 -132.428
218 TE033 60.098 -132.388
219 TE034 60.021 -132.220
220 TE035 60.006 -132.147
221 TE036 60.006 -132.147
222 WL003 60.083 -128.733
223 WL004 60.083 -129.333
224 WL009 60.200 -130.133
225 WL010 60.086 -130.611
226 WL013 60.067 -128.967
227 WL015 60.785 -128.845
228 WL016 61.250 -128.633
229 WL018 60.367 -124.383
230 WL023 60.031 -129.050
231 WL024 60.267 -129.167
232 WL030 60.533 -127.917
233 WL037 61.267 -128.533
234 WL038 61.383 -128.383
235 WL039 61.400 -128.283
236 WL043 61.467 -129.383
237 WL049 61.233 -130.517
238 WL053 60.200 -125.083
239 WL056 60.300 -127.417
240 WL058 60.100 -130.367
241 WL059 60.117 -130.333
242 WL061 60.467 -129.117
243 WL062 60.133 -130.417
244 WL067 60.200 -130.058


SECTION C - SITES REQUIRING ASSESSMENT
  Site Number Decimal Degrees of Latitude Decimal Degrees of Longitude
1 BC003 62.450 -140.683
2 BC004 62.433 -140.783
3 BC007 61.967 -140.500
4 BC011 61.800 -140.067
5 BC013 62.733 -139.267
6 BC015 61.950 -140.533
7 BC017 61.633 -139.700
8 BC020 61.450 -139.533
9 BC022 61.450 -139.517
10 BC027 61.433 -139.250
11 BC028 61.450 -139.250
12 BC029 62.867 -139.733
13 BC030 62.850 -139.750
14 BC031 61.783 -140.800
15 BC039 62.733 -138.833
16 BC041 61.750 -140.750
17 BC042 61.367 -139.217
18 BC048 61.417 -139.233
19 BC059 62.367 -140.850
20 BC060 61.983 -140.867
21 BC062 61.783 -140.033
22 BC063 61.567 -139.417
23 BC065 61.967 -140.417
24 BC067 62.200 -139.083
25 BC069 62.033 -140.750
26 BC076 61.383 -139.250
27 BC078 61.367 -139.267
28 BC079 61.367 -139.417
29 BC080 61.367 -139.267
30 BC083 61.367 -139.383
31 BC084 62.042 -140.608
32 BC085 62.417 -140.917
33 BC103 62.442 -140.858
34 CA004 62.283 -136.317
35 CA021 62.350 -137.275
36 CA022 62.283 -137.175
37 CA024 62.075 -137.067
38 CA028 61.875 -136.417
39 CA031 62.433 -137.617
40 CA033 62.667 -138.017
41 CA034 62.642 -138.050
42 CA035 62.658 -138.025
43 CA036 62.308 -136.617
44 CA037 62.333 -136.692
45 CA039 62.617 -137.233
46 CA040 62.617 -137.233
47 CA041 62.617 -137.667
48 CA042 62.700 -137.533
49 CA043 62.033 -135.625
50 CA044 62.783 -135.133
51 CA045 62.842 -135.042
52 CA046 62.783 -135.167
53 CA047 62.942 -135.592
54 CA049 62.883 -137.550
55 CA050 62.875 -137.844
56 CA051 62.667 -134.717
57 CA055 62.081 -136.838
58 CA056 62.007 -137.033
59 DA060 64.700 -137.550
60 DA140 64.867 -138.933
61 DA145 64.650 -136.817
62 DA151 63.067 -139.500
63 DA154 64.450 -140.750
64 DA161 64.450 -140.117
65 DA171 64.017 -138.067
66 DA172 64.017 -138.417
67 DA173 64.017 -138.417
68 DA174 64.000 -138.183
69 DA175 64.367 -138.867
70 DA176 64.383 -138.967
71 DA177 64.250 -139.133
72 DA178 64.083 -138.500
73 DA179 64.133 -139.217
74 DA180 64.133 -139.250
75 DA189 65.017 -137.733
76 DA208 64.090 -139.026
77 DA218 63.993 -140.043
78 DA221 63.300 -139.500
79 DA229 64.017 -139.600
80 DA231 64.000 -139.583
81 DA233 64.205 -140.775
82 DA252 65.813 -136.357
83 HJ010 60.100 -136.933
84 HJ012 60.117 -136.917
85 HJ041 61.417 -139.167
86 LA021 61.400 -135.217
87 LA023 61.583 -134.900
88 LA042 60.786 -136.292
89 MA022 65.317 -134.500
90 MA023 65.269 -133.156
91 MA024 65.267 -133.133
92 MA039 64.275 -133.683
93 MA040 64.225 -134.150
94 MA052 63.950 -136.267
95 MA059 63.550 -132.800
96 MA060 63.533 -132.950
97 MA068 63.508 -132.050
98 MA070 63.783 -136.517
99 MA071 63.567 -137.333
100 MA073 62.033 -133.333
101 RR008 62.550 -129.550
102 RR009 62.800 -129.850
103 RR023 62.217 -133.000
104 RR030 63.500 -130.450
105 TA004 60.033 -134.650
106 TE001 60.633 -132.033
107 TE002 60.200 -131.683
108 TE003 61.033 -133.783
109 TE004 61.033 -133.750
110 TE005 60.967 -133.667
111 TE006 60.983 -133.767
112 TE008 60.950 -133.050
113 TE011 60.033 -131.767
114 TE012 60.000 -131.583
115 TE015 60.717 -133.300
116 WL007 60.907 -129.211
117 WL014 60.773 -128.843
118 WL017 61.217 -128.633
119 WL019 60.005 -131.164
120 WL027 60.508 -127.700
121 WL029 60.533 -127.867
122 WL051 60.117 -124.150
123 WL052 60.792 -124.833
124 WL065 62.033 -128.850
125 HS044 61 11 53 -136 59 53
126 HS061 68 50 21 -138 40 06
127 HS045 60 07 52 -124 53 21
128 HS046 66 26 30 -136 42 30
129 HS062 61 23 40 -129 37 40
130 HS047 60 36 45 -134 27 27
131 HS048 60 20 35 -132 32 41
132 HS049 65 21 45 -138 17 50
133 HS050 67 38 04 -139 41 47
134 HS051 65 53 40 -136 02 20
135 HS052 62 01 50 -130 36 10
136 HS053 67 33 50 -139 53 00
137 HS054 67 26 25 -137 47 01
138 HS055 67 25 27 -140 53 28
139 HS056 65 58 10 -134 01 40
140 HS057 60 09 30 -132 42 27
141 HS058 66 25 38 -138 24 10
142 HS059 64 04 12 -139 25 30
143 HS060 69 19 00 -139 34 00


SECTION D - SITES REQUIRING REMEDIATION
  Site Number Decimal Degrees of Latitude Decimal Degrees of Longitude
1 BC092 61.617 -139.550
2 DA243 66.527 -134.434
3 HJ030 60.829 -137.742
4 HJ031 61.226 -138.758
5 MN002 60.089 -134.698
6 MN004 60.183 -135.219
7 MN005 60.084 -134.684
8 MN009 61.953 -140.533
9 MN010 64.125 -134.953
10 MN015 61.340 -128.717
11 MN018 65.267 -133.133
12 MN019 60.021 -130.478
13 MN021 63.940 -135.121
14 MN024 63.942 -135.395
15 MN026 63.964 -135.001
16 MN028 60.304 -135.141
17 MN032 60.320 -130.679
18 MN034 62.644 -138.039
19 MN036 63.956 -135.243
20 MN037 61.541 -132.179
21 MN041 63.267 -134.721
22 MN043 64.225 -134.150
23 MN049 60.320 -131.599
24 MN050 63.009 -131.600
25 MN053 63.100 -130.141
26 MN055 63.867 -135.883
27 MN060 63.950 -135.399
28 MN061 63.959 -135.241
29 MN062 64.002 -135.967
30 MN065 63.919 -135.241
31 MN067 63.003 -130.590
32 MN071 60.321 -130.722
33 MN072 60.139 -130.421
34 MN073 60.991 -133.730
35 MN075 64.459 -140.117
36 MN076 63.941 -135.220
37 MN077 61.499 -132.802
38 MN078 61.562 -132.159
39 MN079 60.241 -135.067
40 MN082 62.299 -136.979
41 MN083 61.149 -131.161
42 MN086 60.317 -135.033
43 MN087 64.267 -133.699
44 MN089 60.020 -134.633
45 MN090 64.319 -133.753
46 MN094 63.956 -135.275
47 MN095 60.259 -135.042
48 HS001 61 11 04 -136 59 24
49 HS063 61 35 25 -137 24 40
50 HS002 60 07 03 -137 58 27
51 HS003 60 09 50 -134 42 27
52 HS004 60 09 30 -129 42 10
53 HS005 62 34 07 -137 00 58
54 HS006 64 52 03 -138 17 14
55 HS007 64 44 54 -133 40 50
56 HS008 62 04 56 -139 51 35
57 HS009 61 20 46 -139 09 50
58 HS010 64 23 50 -140 36 40
59 HS011 63 20 08 -131 30 00
60 HS012 60 43 36 -135 29 06
61 HS013 63 46 16 -139 37 45
62 HS014 64 02 34 -139 24 28
63 HS015 61 03 18 -138 30 12
64 HS016 61 25 37 -139 02 56
65 HS017 60 35 16 -136 08 38
66 HS018 61 05 25 -135 11 57
67 HS019 60 03 00 -128 54 00
68 HS020 63 59 45 -137 34 20
69 HS021 60 04 52 -133 51 30
70 HS022 62 53 36 -135 30 36
71 HS023 60 31 50 -134 21 55
72 HS024 63 46 24 -135 23 17
73 HS025 63 36 40 -137 16 10
74 HS026 62 13 20 -133 22 40
75 HS027 61 08 35 -133 04 50
76 HS028 60 12 35 -129 33 00
77 HS029 61 32 10 -137 35 25
78 HS030 61 33 50 -137 31 57
79 HS031 62 28 35 -140 52 07
80 HS032 62 55 30 -130 32 30
81 HS033 63 29 17 -135 08 06
82 HS034 63 16 55 -139 14 56
83 HS035 60 51 08 -135 44 21
84 HS036 60 05 50 -136 55 00
85 HS037 60 07 06 -137 05 15
86 HS038 62 34 41 -134 14 18
87 HS039 60 29 04 -133 18 07
88 HS040 63 39 24 -135 55 02
89 HS041 61 59 12 -140 33 11
90 HS042 61 26 04 -135 11 18
91 HS043 63 05 02 -139 29 40


SECTION E - TYPE I SITES
  Site Name Decimal Degrees of Latitude Decimal Degrees of Longitude
1 Western Copper 60.350 -136.350
2 Dublin Gulch 64.350 -135.783
3 Mount Skukum 60.183 -135.400
4 La Forma 62.267 -137.100
5 Sa Dena Hes 60.517 -128.867
6 Kudz Ze Kayah 61.600 -130.500


SECTION F - TYPE II SITES
  Site Name Decimal Degrees of Latitude Decimal Degrees of Longitude Affected First Nation(s)
1 Faro 61.358 -133.371 Ross River Dena Council, Liard First Nation, Kaska Dena Council, Selkirk First Nation
2 United Keno Hill Mines 63.900 -135.283 First Nation of Nacho Nyak Dun
3 BYG Mount Nansen 62.050 -137.167 Little Salmon Carmacks First Nation,
4 Ketza River 61.538 -132.269 Ross River Dena Council, Teslin Tlingit Council, Liard First Nation, Kaska Dena Council
5 Clinton Creek 64.433 -140.700 Tr'ondëk Hwëch'in
6 Viceroy Brewery Creek 64.030 -138.250 Tr'ondëk Hwëch'in and First Nation of Nacho Nyak Dun
7 Minto 62.617 -137.167 Selkirk First Nation


SECTION G - CONTAINED SITES
  Site Number Site Name Decimal Degress of Latitude Decimal degress of Longitude Engineered Life Span
1 BC002 Snag 62.367 -140.417 25 years
2 TA005 Arctic Gold and Silver 60.138 -134.725 150 years
3 TA006 Venus 60.042 -134.592 150 years


Return to Table of Contents





Appendix I - Waste Management Committees (6.41.1)

SECTION A - WASTE MANAGEMENT COMMITTEE (WMC)

Purpose:

Structure:

Membership:

Process:

Funding:

Schedule:

Amendments:

SECTION B - WASTE MANAGEMENT TECHNICAL COMMITTEE

Purpose:

Activities:

Structure:

Memebership:

Process:

Roles and Responsibilities:

Funding:

Reporting:

Schedule:

Amendment:

Return to Table of Contents





Appendix J - Cash Flow (7.26)

ONE-TIME AND TRANSITIONAL FUNDING (in $)
Item Total Amount Entry Year Year 2 Year 3 Year 4 Year 5
General Transition (7.9) 2,500,000 500,000 500,000 500,000 500,000 500,000
Human Resources (7.10) 310,000 310,000 0 0 0 0
Information Technology (7.11) 1,435,000 1,435,000 0 0 0 0
Legal Support, Signage, etc. (7.12) 500,000 500,000 0 0 0 0
Fire Suppression Transition (7.13) 7,500,000 1,500,000 1,500,000 1,500,000 1,500,000 1,500,000
Fire Suppression Infrastructure (7.14) 3,500,000 700,000 700,000 700,000 700,000 700,000
Forest Inventory (7.15) 3,000,000 600,000 600,000 600,000 600,000 600,000
Forest Sector Funding (7.16) 4,500,000 900,000 900,000 900,000 900,000 900,000
Secerance Liability (7.17) To be agreed To be agreed 0 0 0 0
Vacation Leave Accrual Funding (7.19) To be calculated To be calculated 0 0 0 0
Environmental Assessment Funding (7.8) N/A 1,553,000 1,553,000 1,553,000 1,553,000 1,553,000

Notes:

1 The total amount of funding and yearly cash flow are subject to being reduced in accordance with 7.26 if payments are made by Canada to the YTG prior to the Effective Date pursuant to 7.20.

2 The total amount of funding associated with this item shall be reduced by the amount spent by Canada between April 1, 1999 and the Effective Date on staff training and other staff transition measures, and the yearly cash flow shall be adjusted accordingly.

3 The total amount of funding associated with this item shall be reduced by the amount spent by Canada between April 1, 1999 and the Effective Date in accordance with Canada's fire suppression infrastructure work-plan, and the yearly cash flow shall be adjusted accordingly.

4 The total amount of funding associated with this item shall be reduced by the amount spent by Canada for forest inventory and management between April 1, 1999 and the Effective Date, in accordance with Canada's forest inventory work-plan, and the yearly cash flow shall be adjusted accordingly.

5 This funding is to be provided until the date at which Development Assessment Legislation comes fully into effect, and the amount of funding to be provided in the fiscal year of that date shall be adjusted in accordance with 7.8.1.

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