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:

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.

 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.

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.

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.

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.

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:

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.

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.

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.

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.