Vuntut Gwitchin First Nation Final Agreement Implementation Plan

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Table of Contents

  1. VGFA Implementation Plan
  2. Acronyms
  3. Annex A - Activity Plans
  4. Annex B - Commission, Council and Committee
  5. Annex C - Information Strategy
  6. Annex D
  7. Annex E - Coordination of the VGFA Plan and the VGFN Self-Government Agreement Implementation Plan



VGFA Implementation Plan

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

AND:
The Vuntut Gwitchin First Nation (hereinafter referred to as "VGFN");

AND:
The Government of the Yukon, as represented by the Government Leader (hereinafter referred to as "Yukon");

hereinafter referred to as the "Parties".

WHEREAS:

The Parties signed the document entitled the Vuntut Gwitchin First Nation Final Agreement on the 29th day of May, 1993 (such document being hereinafter referred to as the "VGFA");

Chapter 28 of the VGFA, among other things, provides for the completion and approval by the Parties of an implementation plan for the VGFA;

The representatives of the Parties have developed this Implementation Plan (hereinafter referred to as the "VGFA Plan"), which identifies certain activities to be undertaken and certain payments to be made with respect to the implementation of the VGFA;

NOW THEREFORE, the Parties agree as follows:

Interpretation of the VGFA Plan

1. No provisions of the VGFA Plan shall be considered an amendment to or modification of or derogation from the provisions of the VGFA.

2. Where there is any inconsistency or conflict between the provisions of the VGFA Plan and the provisions of the VGFA, the provisions of the VGFA shall prevail to the extent of the conflict or inconsistency.

3. Unless the context otherwise requires, capitalized words and phrases in the VGFA Plan shall have the meanings assigned in the VGFA.

4. The VGFA Plan shall be interpreted so as to promote the implementation of the provisions of the VGFA and to avoid conflict or inconsistency with the provisions of the VGFA.

Legal Status of the VGFA Plan

5. The VGFA Plan shall be attached to but shall not form part of the VGFA.

6. The Umbrella Final Agreement Implementation Plan, as signed on the 29th day of May, 1993 by the Parties to the Umbrella Final Agreement, which identifies certain activities to be undertaken and certain payments to be made with respect to the implementation of the Umbrella Final Agreement, is attached hereto as Appendix A.

7. The Umbrella Final Agreement Implementation Plan and the VGFA Plan shall be read together.

8. The provisions of the VGFA Plan contained in paragraphs 11 and 12 constitute a contract between the Parties. Pursuant to 28.4.8 of the VGFA, the Parties expressly intend that the provisions of the remaining portions of the VGFA Plan and the provisions of the VGFA Plan contained in Annexes A, B, C, D and E do not constitute a contract between the Parties.

9. Subject to paragraph 8, the provisions of the VGFA Plan represent the agreement of the Parties regarding the manner in which the provisions of the VGFA will be implemented, and are not intended to create legal obligations.

Contents of the VGFA Plan

10. The VGFA Plan consists of the provisions contained herein, and the documents set out below.

10.1 Annex A: "Activity Plans" describing specific activities, projects and measures for implementation of the VGFA;

10.2 Annex B: Arrangements in respect of the:

Regional Land Use Planning Commission;

Renewable Resources Council;

Settlement Land Committee;

10.3 Annex C: An information strategy;

10.4 Annex D: Part 1 - Economic Planning;

Part 2 - Contracting and Employment Opportunities;

10.5 Annex E: Co-ordination of the VGFA Plan and the VGFN Self-Government Agreement Implementation Plan.

Implementation Funding

11. Subject to any amendment of the VGFA Plan by the Parties, Canada shall make financial payments to the VGFN as follows:

11.1 $383,738 per annum (1992 constant dollars);

11.2 $380,000 in Year 1, $380,000 in Year 2 and $190,000 in Year 3 (all figures in 1992 constant dollars);

11.3 $35,715 (1992 constant dollars) for its participation on the Settlement Land Committee;

11.4 The payments referred to in paragraphs 11.1, 11.2 and 11.3 above shall be made in accordance with the provisions of the Financial Transfer Agreement between the VGFN and Canada, dated the 29th day of May, 1993; and

11.5 The payment of the amounts described in paragraphs 11.1, 11.2 and 11.3 above, or any amended amount required to be paid, represents the fulfillment of Canada's obligation to provide funding to the VGFN for the period of time identified in the Financial Transfer Agreement.

12. Subject to any amendment of the VGFA Plan by the Parties, the Yukon shall pay $75,000 (1992 constant dollars) per annum to the Renewable Resources Council established pursuant to 16.6.0 of the VGFA. This payment will be subject to annual adjustments in the manner described in Part 6 of Schedule 1 of the UFA Implementation Plan (Appendix A).

13. Subject to any amendment of the VGFA Plan by the Parties, the payment by Canada to the Yukon of the amount described in paragraph 12, or any amended amount required to be paid, represents the fulfillment of Canada's obligation to provide funding to the Renewable Resources Council for the first ten year period, pursuant to 16.6.7 of the VGFA.

14. The Yukon, following consultation with the VGFN, shall establish funding arrangements with the Renewable Resources Council. The funding arrangements shall specify the manner and timing of payments and may provide a schedule of payments within any one fiscal year.

15. The Renewable Resources Council shall be provided the degree of flexibility within its funding arrangements to allocate, re-allocate and manage funds within its approved budget in a manner similar to that generally accorded to comparable agencies of government.

16. The VGFN shall provide an amount of up to $35,715 (1992 constant dollars) for its participation on the Settlement Land Committee established pursuant to 15.3.0 of the VGFA.

17. Notwithstanding the provisions of paragraph 11.3, Government may enter into agreements with the VGFN to provide funding for any projects, activities and responsibilities to be undertaken by the Settlement Land Committee, in addition to the projects, activities and responsibilities described in the VGFA. Notwithstanding the provisions of paragraph 12, Government may enter into agreements with the Renewable Resources Council to provide funding for any projects, activities and responsibilities to be undertaken by the Renewable Resources Council, in addition to the projects, activities and responsibilities reflected in an annual budget approved by Government pursuant to VGFA 2.12.2.8.

Implementation Plan Monitoring

18. Within 30 days after the Effective Date of the VGFA, each of the Parties shall appoint a representative to act on its behalf, who shall use best efforts to resolve any issue which may arise in relation to the implementation of the VGFA Plan.

Implementation Plan Review

19. Unless the Parties otherwise agree, they shall complete a review of the VGFA Plan to determine the adequacy of the provisions of the VGFA Plan and of the implementation funding provided under the VGFA Plan,

19.1 in the fifth fiscal year following the Effective Date of the VGFA;

19.2 in the ninth fiscal year following the Effective Date of the VGFA; and

19.3 thereafter, as the Parties may agree.

20. The Parties shall make best efforts to complete a review pursuant to paragraph 19 by the first day of July in the fiscal year prior to the year in which the recommendations of the review will be implemented.

Amendment

21. The Parties, by agreement, may amend the VGFA Plan at any time, and any amendment to the VGFA Plan shall be made in writing by the Parties.

22. The Parties shall consider whether to amend the VGFA Plan as a result of any recommendation from representatives of the Parties or any recommendations arising from a review conducted pursuant to paragraph 19 of the VGFA Plan. Financial resources provided pursuant to the amendment of the VGFA Plan shall be provided in the manner described in the amended VGFA Plan.

Effective Date of the Plan

23. This Plan shall take effect as of the Effective Date of the VGFA.

IN WITNESS WHEREOF we, the duly authorized representatives of the Parties, have affixed our signatures hereunder as of this 29th day of May,1993.

On behalf of the Vantut Gwitchin First Nation

_____________________________

Robert Bruce, Jr.
Chief
Vantut Gwitchin Frist Nation

_____________________________

Witness

On behalf of Canada:

_____________________________

The Honourable Tom Siddon
Minister of Indian Affairs
and Northern Development

_____________________________

Witness

On behalf of the Yukon:

_____________________________

John Ostashek
Government Leader of the Yukon

_____________________________

Witness






Acronyms

The following acronyms are used in the Annexes of this Plan:

BNA - Basic Needs Allocation

CPS - Canadian Parks Service

CWS - Canadian Wildlife Service

CYI - Council for Yukon Indians

DIAND - Department of Indian Affairs and Northern Development

DND - Department of National Defence

EMR - Department of Energy, Mines & Resources

LTO - Land Titles Office

NEB - National Energy Board

NTS - National Topographic Series

RLUPC - Regional Land Use Planning Commission

RRC - Renewable Resources Council

SGA - Self-Government Agreement

SLC - Settlement Land Committee

SMA - Special Management Area

SRB - Surface Rights Board

SSC - Salmon Sub-Committee

TAC - Total Allowable Catch

UFA - Umbrella Final Agreement

VGFA - Vuntut Gwitchin Final Agreement

VGFN - Vuntut Gwitchin First Nation

YFN - Yukon First Nation

YFNFA - Yukon First Nation Final Agreement

YGPNB - Yukon Geographical Place Names Board

YHRB - Yukon Heritage Resources Board






Annex A Specific Activities, Projects and Measures

This Annex refers to the implementation of selected generic and specific provisions of the Vuntut Gwitchin First Nation Final Agreement.

The activities described in this Annex reflect the agreement of the Parties as to the activities which the Parties expect to be performed in order to give effect to the referenced provisions.

The planning assumptions described in relation to a referenced provision reflect the circumstances considered or expected to arise in the implementation of that provision. Some planning assumptions also reflect steps or measures that the Parties assume will be taken, or limitations that may apply, in the performance of the described activities.

In the development of this Annex, it has been assumed that the Parties will deal by other means with matters required by the Vuntut Gwitchin First Nation Final Agreement to be addressed prior to the effective date of Settlement Legislation or in the negotiation or ratification of the Vuntut Gwitchin First Nation Final Agreement.

PROJECT:
UFA amendment

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:
Canada, Yukon, CYI

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

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

  • Canada, by the Governor in Council;
  • The Yukon, by the Commissioner in Executive Council; and
  • Yukon First Nations by the following process,

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

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

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

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

REFERENCED CLAUSES:
2.3.1, 2.3.2, 2.3.3, 2.3.5, 2.3.6, 2.8.3;
Cross reference 16.4.4.1, 24.12.3

Responsibility Activities Timing
VGFN Identify need to amend the UFA and forward proposal for amendment to CYI. As needed
VGFN Receive notice of proposal to UFA parties to amend. When available
VGFN Review and communicate views to CYI on response to proposal. As soon as practicable after receipt of proposal
VGFN, UFA Parties At discretion, address specific requirements for amendment process. As soon as practicable, if amendment is to be pursued
VGFN Consult with CYI during negotiation of terms of amendment. As necessary
VGFN Review proposed amendment and determine and provide opinion to CYI as to approval of amendment. Within reasonable time after negotiations are complete, and according to procedure set out in VGFA
VGFN Receive notice of and consider opinion of other YFNs. Within reasonable time
VGFN Take steps required to give effect to amendment, including any consequential amendment of the VGFA Plan. As soon as practicable if all UFA Parties consent to amendment
Canada, Yukon, VGFN Publish the amendment as required by UFA 2.3.6. As soon as practicable after all Parties consent to amendment

Planning Assumptions

  1. This Activity Plan describes procedure with respect to the activities of the VGFN in respect of the UFA amendments. The fourth activity indicates that VGFN requirements should be addressed in any discussions regarding the approach to the amendment process and specific arrangements to be made to deal with a particular amendment proposal. This opportunity should enable the consequences for VGFN of an affirmative response to a proposal for amendment to be addressed.
  2. It is expected that the VGFN will participate in the consultation and determination processes undertaken by CYI in respect of UFA amendments, as described in the UFA Implementation Plan, Annex A.
  3. The activities and assumptions described above are expected also to apply in respect of amendments pursuant to UFA 16.4..4.1 and 24.12.3, with such modifications as those provisions require.
  4. The Parties may wish to seek appropriate amendments to legislation to reflect amendments of the UFA.

PROJECT:
Amendment of Vuntut Gwitchin First Nation Final Agreement

RESPONSIBLE PARTY:
Canada, Yukon, Vuntut Gwitchin First Nation

PARTICIPANT/LIAISON:
Tetlit Gwich'in (Gwich'in Tribal Council)

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

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

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

Specific Provision

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

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

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

Specific Provision

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

(b) The Commissioner in Executive Council may delegate to the Yukon Minister responsible for land claims agreements the authority to consent, on behalf of the Yukon, to amend other specific provisions of this Agreement.

a Yukon First Nation by a process set out in that Yukon First Nation Final Agreement.

Specific Provision

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

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

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

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

REFERENCED CLAUSES:
2.3.4, 2.3.5, 2.3.6

Responsibility Activities Timing
Any Party Identify need to amend the VGFA and forward proposal for amendment to the other parties. As needed
Parties Review and respond to the proposal and, if the parties determine that there is an impact on the Tetlit Gwich'in, Consult the Gwich'in Tribal Council. As soon as practicable after receipt of the proposal
Parties At the discretion of the parties, address specific requirements for the amendment process. As soon as practicable, if amendment is to be pursued
Parties Negotiate the terms of the amendment to be submitted for consent and identify the requirements to give effect to the amendment if approved, including changes to the implementation plan if required. Within a reasonable time, as the Parties may agree
Parties Initiate approval process. As soon as practicable after the negotiations are complete
VGFN Seek resolution of the Chief and Council.  
VGFN Notify government of result of approval process, and if approval is granted, provide government with a certified copy of a resolution approving the amendment. Once Vuntut Gwitchin approval process is complete
Canada and Yukon Undertake approval process. Upon receipt of resolution of Chief and Council approving amendment
Governor in Council If all parties approve amendment, amend VGFA by Order-in-Council. Once all approvals secured
Parties Take agreed upon steps necessary to give effect to the amendment, including amendment to the implementation plan if required. As soon as practicable
Canada Publish amendment in Canada Gazette. As soon as practicable after the amendment is given effect
Yukon Publish amendment in Yukon Gazette. As soon as practicable after the amendment is given effect
VGFN Publish amendment in VGFN law registry. As soon as practicable after the amendment is given effect

PROJECT:
Vuntut Gwitchin First Nation legal entities

RESPONSIBLE PARTY:
Vuntut Gwitchin First Nation

PARTICIPANT/LIAISON:

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

Specific Provision

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

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

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

REFERENCED CLAUSES:
2.11.7

Responsibility Activities Timing
VGFN Maintain public register identifying all rights, obligations and liabilities held on behalf of the Vuntut Gwitchin First Nation pursuant to 2.11.7.1. Ongoing after the Effective Date
VGFN Alter entity holding rights, obligations or liabilities. At its discretion
VGFN Amend register to reflect alteration. As required

PROJECT:
Resolution of overlapping claims

RESPONSIBLE PARTY:
Vuntut Gwitchin First Nation

PARTICIPANT/LIAISON:
Yukon First Nations with Overlapping Area, Yukon and Canada

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

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

REFERENCED CLAUSES:
Chapter 2 Schedule B 2.1, 2.2; Cross reference 3.3, 3.4, 4.0, 5.1

Responsibility Activities Timing
VGFN Contact Yukon First Nation with overlapping claim and enter discussions making best efforts to agree on a contiguous boundary to eliminate the overlap. As soon as practicable
VGFN and Overlapping Yukon First Nation Submit agreed upon boundary to Canada and Yukon for approval. If agreement is reached
Canada and Yukon Review agreement and notify affected YFNs of determination. As soon as practicable
VGFN, Canada and Yukon Amend VGFN Traditional Territory to conform with new boundary. As soon as practicable if Government approval is secured
VGFN, Canada or Yukon Seek consent of adjacent Yukon First Nation to amend the boundary agreed upon. As required in the future should an amendment be desired
Adjacent Yukon First Nation Consider request and notify VGFN, Canada or Yukon of determination. Upon receipt of request
VGFN, Canada and Yukon Amend boundary of VGFN Traditional Territory. If consent secured

PROJECT:
Resolution of overlapping claims - Panel of Elders

RESPONSIBLE PARTY:
Vuntut Gwitchin First Nation, Panel of Elders

PARTICIPANT/LIAISON:
Yukon First Nations with overlapping claims, Canada and Yukon

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

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

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

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

REFERENCED CLAUSES:
Chapter 2 Schedule B 2.3, 2.4, 2.5; Cross reference 3.3, 4.0, 5.1

Responsibility Activities Timing
VGFN Seek agreement of Overlapping YFN to establish a panel of elders to make recommendations on boundary. At least six months before dispute resolution process is available
VGFN or Overlapping YFN or both Appoint panel. If agreement is reached to appoint a panel
Panel of Elders Consider issue and make written recommendation to YFNs on boundary. No later than the date that a dispute can be referred to dispute resolution
VGFN and Overlapping YFN Review recommendation of panel and refer to Canada and Yukon if recommendation is approved or refer to dispute resolution. Upon receipt of recommendation
Canada and Yukon Consider recommendation approved by YFNs. As soon as practicable
Canada and Yukon Approve recommendation or reject, with written reasons. As soon as practicable
Parties Amend VGFN Traditional Territory. As soon as practicable if all parties approve

PROJECT:
Resolution of overlapping claims - Dispute Resolution

RESPONSIBLE PARTY:
Vuntut Gwitchin First Nation, Canada, Yukon, Overlapping YFN

PARTICIPANT/LIAISON:
Person appointed to resolve dispute

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

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

the Vuntut Gwich'in First Nation and the Overlapping Yukon First Nation agree to refer the matter to the dispute resolution process under 26.3.0.

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

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

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

REFERENCED CLAUSES:
Chapter 2 Schedule B 3.1, 3.2; Cross reference 3.3, 3.4, 4.0, 5.1

Responsibility Activities Timing
Party or Overlapping YFN Refer dispute to dispute resolution process under 26.3.0 if conditions are met. After one year from the Effective Date of the later of the YFNFAs
Arbitrator If no agreement at mediation, determine boundary. As required
Arbitrator Award costs to one or more of the parties, if conditions are met. At discretion
Parties Amend VGFN Traditional Territory. As soon as practicable after dispute is resolved

PROJECT:
Final Agreements with Overlapping Yukon First Nations

RESPONSIBLE PARTY:
Government, Vuntut Gwitchin First Nation

PARTICIPANT/LIAISON:
Overlapping YFNs

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

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

REFERENCED CLAUSES:
Chapter 2 Schedule B 5.2, 5.3

Responsibility Activities Timing
Government Make best efforts to include provisions substantially the same in the YFNFAs of Overlapping YFNs. During YFNFA negotiations
Government Propose to include provisions in an Overlapping YFNFA which resolve conflicts or inconsistencies in a manner other than that set out in this schedule and seek consent of the Vuntut Gwitchin First Nation. As required during YFNFA negotiations
VGFN Review proposal and notify Government of decision. Upon receipt of proposal
Government Incorporate alternate approach. If consent secured
OR
Government Abandon proposal. If consent is not secured

PROJECT:
Consultation on specified matters in Overlapping Area

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
Vuntut Gwitchin First Nation

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

REFERENCED CLAUSES:
Chapter 2 Schedule B 6.1; Cross reference 4.1

Responsibility Activities Timing
Government Notify VGFN of matter affecting rights of a Vuntut Gwitchin or the VGFN and provide relevant information. As required
VGFN Review information and present views to Government. Within reasonable time provided by Government
Government Provide full and fair consideration to views presented. Prior to taking action
Government Take appropriate action taking into account views presented by VGFN. As required

PROJECT:
VGFN enrollment responsibilities -- After the dissolution of an Enrollment Committee

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:
Yukon Enrollment Commission, Dispute Resolution Panel, Government

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

  • maintain, update and amend the official enrollment list for that Yukon First Nation after the initial official Enrollment List has been published by the Enrollment Commission.
  • deliver to the Government of the Yukon the official enrollment list on each anniversary of the dissolution of the Enrollment Committee;
  • decide promptly upon all applications received, and advise all Persons in writing of the Enrollment Commission or the Dispute Resolution Panel's disposition of their application;
  • supply application forms to any Person wishing to apply for enrollment;
  • establish its own procedures;
  • publish its own procedures; and
  • publicize and provide information in respect of the enrollment process to members of the Yukon First Nation.

REFERENCED CLAUSES:
3.9.3; Cross reference 3.12.1

Responsibility Activities Timing
VGFN Receive documentation from Enrollment Committee. Upon dissolution of the Enrollment Committee, or two years after the Effective Date
VGFN Establish and publish procedures. On assumption of enrollment duties
VGFN Continue enrollment in accordance with this clause. As required
VGFN Deliver to Yukon updated list. Annually on anniversary of Enrollment Committee's dissolution

PROJECT:
Continuation of enrollment

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:
Enrollment Commission, Dispute Resolution Board, Government

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

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

  • the Enrollment Commission, if it has not been dissolved pursuant to 3.10.4; or
  • a single arbitrator appointed by the chairperson of the Dispute Resolution Board.

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

REFERENCED CLAUSES:
3.10.1, 3.10.2, 3.10.3; Cross reference 3.11.3

Responsibility Activities Timing
VGFN Receive application for enrollment. After dissolution of Enrollment Committee
VGFN Assess application and notify individual of determination. Within 120 days of receipt of application
If application is accepted by VGFN within 120 days:
VGFN
  • notify Canada and Yukon in writing of acceptance.
As soon as practicable
Canada and Yukon
  • acknowledge receipt.
Upon receipt
 
  • if no dispute, enrollment is given effect.
30 days following date of receipt by Yukon
If application is rejected or no decision made by VGFN within 120 days, and individual appeals:
VGFN
  • prepare for and respond to an appeal before the Yukon Enrollment Commission or a single arbitrator.
As required
VGFN Notify Governments of new beneficiary. If Enrollment Commission or Arbitrator confirms eligibility

PROJECT:
Cancel reservation or notation to Lands Set Aside

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
VGFN

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

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

REFERENCED CLAUSES:
4.2.3, 4.2.4

Responsibility Activities Timing
Canada (DIAND) Cancel all reservations or notations for VGFN on identified parcels. As soon as practicable after final land selection
Canada (DIAND) Notify VGFN that reservations or notations on Land Set Aside have been cancelled. As soon as practicable after cancellation

PROJECT:
Registration of title to Fee Simple Settlement Land

RESPONSIBLE PARTY:
Land Titles Office or any successor

PARTICIPANT/LIAISON:
VGFN

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

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

REFERENCED CLAUSES:
5.2.3, 5.2.4; Cross reference Chapter 15 (Surveys)

Responsibility Activities Timing
VGFN Apply to Land Titles Office (LTO) to register title and provide the LTO with any relevant documentation required for registration. As soon as practicable after land becomes Settlement Land
LTO Register title according to procedures, as may be amended from time to time As soon as practicable
LTO Provide the VGFN with confirmation of registration. As soon as practicable after registration

Planning Assumptions

  1. In majority of cases, the Land Titles Office already holds adequate surveys for Settlement Land parcels that exist in fee simple. It will be the responsibility of VGFN to provide the LTO with any other information it requires to complete that title transfer.
  2. In some cases fee simple title may have been originally registered in the LTO using only Metes and Bounds descriptions. This is no longer accepted as an adequate description with which to register a parcel of land in fee simple title. These parcels will be surveyed in accordance with Chapter 15.

PROJECT:
Registration of fee simple title in Mines and Minerals in and under Category A Settlement Lands

RESPONSIBLE PARTY:
Land Titles Office (LTO) or any successor

PARTICIPANT/LIAISON:
VGFN, Mining Recorder

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

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

REFERENCED CLAUSES:
5.2.3, 5.2.4; Cross reference Chapter 15 (Surveys)

Responsibility Activities Timing
VGFN Apply to LTO to register title and provide the LTO with any relevant documentation required for registration. As soon as practicable after receipt of confirmed survey plans of Category A Settlement Parcels
LTO Register title according to procedures, as may be amended from time to time. As soon as practicable
LTO Provide the VGFN with confirmation of registration. As soon as practicable after registration

Planning Assumption

  1. Survey of Category A Settlement Land, as necessary to register the Mineral interest, will be required in order to register the fee simple title to the Mines and Minerals in and under Category A Settlement Land.

PROJECT:
Define boundaries of Settlement Land; deposit plans of survey in Land Titles Office and in VGFN lands system(s)

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
VGFN, Land Titles Office or any successor

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

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

REFERENCED CLAUSES:
5.3.2, 5.3.3

Responsibility Activities Timing
Canada (EMR) Define boundaries of Settlement Land. (See Activity Plans, Chapter 15) After the Effective Date
Canada (EMR) Deposit plan of survey in the Land Titles Office. Upon confirmation of survey plan
Canada (EMR) Deposit plan of survey in VGFN system established under 5.5.1.4. Upon confirmation of survey plan

Planning Assumption

  1. The LTO will develop a system for receiving plans of survey deposited pursuant to this clause.

PROJECT:
Payment of royalties and non-refunded rents -- Category A Settlement Lands

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
VGFN

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

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

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

REFERENCED CLAUSES:
5.6.3, 5.6.3.1, 5.6.3.2; Cross reference 5.6.5

Responsibility Activities Timing
Canada (DIAND)

Establish system to account for:

  • royalties in respect of Existing Mineral Rights received by Government from holder of a Mineral Right on Category A Settlement Land; and
  • non-refunded rents received by Government from the holder of a Mineral Right in respect of a surface lease on Category A Settlement Land
By the effective date of Settlement Legislation
Canada

Account for and pay to VGFN:

  • royalties for production received by Government from the holder of a Mineral Right in respect of that Existing Mineral Right; and
  • non-refunded rents received by Government from the holder of a Mineral Right in respect of that Existing Mineral Right and any surface lease.
As soon as practicable after the first associated royalty payment is received by Government and thereafter, annually on a date to be agreed upon by Government and the VGFN

Planning Assumption

  1. For the purposes of this provision, "the date the affected land became Settlement Land" will be the Effective Date.

PROJECT:
Payment of non-refunded rents -- Category B and Fee Simple Settlement Lands

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
VGFN

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

REFERENCED CLAUSES:
5.6.4; Cross reference 5.6.5

Responsibility Activities Timing
Canada (DIAND) Establish system to account for non-refunded rents received by Government from the holder of a Mineral Right in respect of a surface lease on Category B or Fee Simple Settlement Land. By the effective date of Settlement Legislation
Canada (DIAND) Account for and pay to VGFN non-refunded rents received by Government from the holder of a Mineral Right in respect of surface lease. As soon as practicable after the Effective Date and thereafter annually on a date to be agreed upon by Government and the VGFN

Planning Assumption

  1. For the purposes of this provision, "the date the affected land became Settlement Land" will be the Effective Date.

PROJECT:
Consultation with VGFN -- Encumbering Rights

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
VGFN

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

REFERENCED CLAUSES:
5.6.9; Cross reference Definition of "Encumbering Right" in 5.6.1 and 5.4.2

Responsibility Activities Timing
Government

Notify and provide relevant details to VGFN of intention to:

  • renew or replace an Encumbering Right;
  • issue a new Encumbering Right; and
  • set Royalty, rent or fee described.
As required
VGFN Prepare and present views. Within reasonable time provided by Government
Government Provide full and fair consideration to views presented. Prior to making determination
Government Notify VGFN of outcome. As practicable

Planning Assumption

  1. The nature and extent of Consultation will vary according to the issue under consideration.

PROJECT:
Amendment of terms of Encumbering Rights

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
VGFN

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

REFERENCED CLAUSES:
5.6.10; Cross reference 5.4.2

Responsibility Activities Timing
Government Notify VGFN of proposal to increase term of an Encumbering Right pursuant to amended legislation, provide relevant details and request consent. After effective date of Legislative amendment
VGFN Review the request, grant or deny consent, and notify Government of determination. As soon as practicable upon receipt of notice
Government Increase term. If consent is granted
OR
Government Allow encumbering right to expire as originally scheduled. If consent is not granted

PROJECT:
Cancellation and replacement of Encumbering Rights

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:
Minister

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

The Minister may only refuse to consent under 5.6.11 if:

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

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

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

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

REFERENCED CLAUSES:
5.6.11, 5.6.12

Responsibility Activities Timing
VGFN Advise Minister that a Government-issued Encumbering Right should be cancelled and replaced by an interest provided by VGFN. After the Effective Date
Minister Verify that cancellation and replacement is consistent with requirements of 5.6.12. Upon receipt of proposal
Minister If consistent, cancel Encumbering Right. As soon as practicable
VGFN Replace Encumbering Right with interest provided by VGFN  

PROJECT:
Discovery of information subject to disclosure

RESPONSIBLE PARTY:
Government and/or VGFN

PARTICIPANT/LIAISON:
Surface Rights Board

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

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

(b) the reservation is cancelled, or

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

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

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

REFERENCED CLAUSES:
5.7.4; Cross reference 7.5.0

Responsibility Activities Timing
Government or VGFN Provide other party with information subject to disclosure under 5.7.1. After ratification of VGFA, upon becoming aware of information
Government Declare status under 5.7.4.1. As soon as practicable
OR
Government Declare status under 5.7.4.2. As soon as practicable
Government and VGFN Refer matter to Surface Rights Board for determination of compensation pursuant to 7.5.0. As required if land is declared pursuant to 5.7.4.2

PROJECT:
Reacquisition of Settlement Land

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:
Land Titles Office or any successor

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

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

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

Fee Simple Settlement Land when Mines and Minerals other than Specified Substances are not included and the land had previously been Fee Simple or Category A Settlement Land,

except that the cession, release and surrender of any aboriginal claim, right, title or interest in respect of the land shall not be affected.

REFERENCED CLAUSES:
5.12.1

Responsibility Activities Timing
VGFN Reacquire Settlement Land in fee simple title. At discretion of VGFN
VGFN Register fee simple title at Land Titles Office. Upon reacquisition

PROJECT:
Deregistration of Category A and Category B Settlement Land

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:
Land Titles Office or any successor

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

the reservations and exceptions set out in 5.4.2; and

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

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

the reservations and exceptions set out in 5.4.2; and

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

REFERENCED CLAUSES:
5.13.1, 5.13.2

Responsibility Activities Timing
VGFN Apply to Land Titles Office (LTO) to deregister parcel of Category A or B Settlement Land. At VGFN discretion after the Effective Date
LTO Verify that land is eligible for deregistration under this clause. Upon application by VGFN
LTO If eligible, deregister parcel and notify VGFN As soon as practicable

PROJECT:
Consent for access to Waterfront Right-of-Way

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:
Surface Rights Board

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

REFERENCED CLAUSES:
5.15.5; Cross reference 5.15.0

Responsibility Activities Timing
VGFN Receive request for access. As required
VGFN Review request, grant or deny request and notify applicant of decision. Within a reasonable time of the request
VGFN Prepare for and respond to an application before the Surface Rights Board. If a referral is made

PROJECT:
Consent for establishment of permanent camp on Waterfront Right-of-Way

RESPONSIBLE PARTY:
VGFN, Government

PARTICIPANT/LIAISON:

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

REFERENCED CLAUSES:
5.15.7; Cross reference 5.15.0

Responsibility Activities Timing
VGFN and/or Government Receive request to establish permanent camp or structure. As required
VGFN and Government Consider request, grant or deny consent and notify applicant of determination. Within a reasonable time

PROJECT:
Agreement to amend, revoke or reinstate a right of access provided by a Settlement Agreement

RESPONSIBLE PARTY:
VGFN, Yukon, Canada

PARTICIPANT/LIAISON:

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

REFERENCED CLAUSES:
6.1.2; Cross reference 6.1.8, 2.3.4, 2.3.5, 2.3.6

Responsibility Activities Timing
VGFN or Yukon or Canada Request to amend, revoke or reinstate a right of access provided by a Settlement Agreement. Any time after Effective Date
VGFN or Yukon or Canada (other 2 parties) Review and respond to initiating party. Within a reasonable period of time
VGFN, Yukon, Canada Attempt to reach 3 party agreement through negotiation. Within a reasonable period of time
VGFN, Yukon, Canada Amend VGFA as set out in 2.3.5, if change to right of access requires amendment. If agreement reached

PROJECT:
Determining liability of VGFN on Undeveloped Settlement Land

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:

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

REFERENCED CLAUSES:
6.1.3

Responsibility Activities Timing
VGFN Research legal liability of VGFN with respect to injuries to Persons exercising a right of access. At discretion after Effective Date
VGFN Make determination re: insurance and other requirements.  

PROJECT:
Reporting damage to Settlement Land as a result of an emergency

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:

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

REFERENCED CLAUSES:
6.1.5; Cross reference 6.1.6

Responsibility Activities Timing
VGFN Develop procedures re: monitoring/reporting damage. After Effective Date
VGFN Respond to report of damage. Assess extent of damage. As soon as practicable after report is received
VGFN At discretion, request compensation for damage. As soon as practicable after determining extent of damage
VGFN Attempt to negotiate settlement. If required
VGFN At discretion, refer to Surface Rights Board or court. If no agreement reached on compensation

PROJECT:
Conditions of access

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:

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

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

mischief committed on Settlement Land;

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

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

compensation for damage other than for significant damage.

REFERENCED CLAUSES:
6.1.6; Cross reference 6.6.0, 6.1.7, 6.3.7

Responsibility Activities Timing
VGFN At discretion, monitor right of access under 5.15.3, 6.3.1 and 6.3.2 to ensure conditions of 6.1.6 are observed. After Effective Date
VGFN At discretion, refer to Surface Rights Board or court. If no compliance with 6.1.6 conditions

PROJECT:
Designation of Undeveloped Settlement Land to be Developed Settlement Land and Developed Settlement Land to be Undeveloped Settlement Land

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:
Canada, Yukon

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

REFERENCED CLAUSES:
6.1.8; Cross reference 2.3.6, 6.1.2, 7.5.2.9, VGFA Appendix A 3.2.2

Responsibility Activities Timing
VGFN or Yukon or Canada Request to change designation of Undeveloped Settlement Land to Developed Settlement Land or Developed Settlement Land to Undeveloped Settlement Land. Any time after Effective Date
VGFN or Yukon or Canada Review proposal and respond to initiating party. Within a reasonable period of time
VGFN, Yukon, Canada Attempt to reach three party agreement through negotiation.  
VGFN, Yukon, Canada Amend VGFA as set out in 2.3.5. If amendment required
VGFN Register changed designation in VGFN land registry system.  
Government Record changed designation.  

Planning Assumption

  1. Maps of Settlement Land may have to be changed to indicate redesignation.

PROJECT:
Agreement to designate any new or improved route of access on Settlement Land as a highway or public road

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:
Government

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

for the benefit of any Person; or

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

REFERENCED CLAUSES:
6.1.9

Responsibility Activities Timing
Government Request to designate any new or improved route of access on Settlement Land as a highway or public road. As determined necessary by Government
VGFN Review request and notify Government of decision. Within a reasonable period of time
Government If consent denied, leave route as Settlement Land.  
OR
Parties If consent is granted, amend VGFA pursuant to 2.3.5. As required

PROJECT:
Right of access to cross Undeveloped Settlement Land

RESPONSIBLE PARTY:
VGFN

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

REFERENCED CLAUSES:
6.3.3; Cross reference 6.3.1, 6.3.2, 6.3.4

Responsibility Activities Timing
VGFN Review request for access, and grant or deny consent. Within a reasonable period of time after request
VGFN Respond to application to Surface Rights Board. As required
VGFN Implement Surface Rights Board decision.  
VGFN Monitor access. During and after exercise of access

PROJECT:
Consent to changes in terms or conditions relating to access of a licence, permit or other right of access

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:
Government

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

REFERENCED CLAUSES:
6.3.6; Cross reference 5.6.0, 6.3.5

Responsibility Activities Timing
VGFN Review request for access and grant or deny consent. Within reasonable time period
VGFN Respond to application to Surface Rights Board. As required

PROJECT:
Reference to Surface Rights Board

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:

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

REFERENCED CLAUSES:
6.3.7; Cross reference 6.3.1, 6.3.2

Responsibility Activities Timing
VGFN Refer disputes arising from interpretation, application or alleged violation of access provided under 6.3.1 or 6.3.2 to Surface Rights Board for resolution. As required
VGFN Refer any disputes concerning access conditions established pursuant to negotiations by VGFN and Government under 6.6.0 to Surface Rights Board for resolution. As required
VGFN Respond to an application to Surface Rights Board. As required

PROJECT:
Exercise of right of access by Government for no more than 120 days

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
VGFN

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

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

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

REFERENCED CLAUSES:
6.4.1, 6.4.5.1; Cross reference 6.4.3, 6.4.4, 6.6.0

Responsibility Activities Timing
Government Where reasonable, notify VGFN before exercising any right of access to enter, cross and stay on its Settlement Land for a period of no more than 120 consecutive days for a single program/project. Within a reasonable period of time prior to access
VGFN Review notice to ensure conformity with any terms and conditions that may be negotiated pursuant to 6.6.0. Within a reasonable period of time after notification
VGFN Provide response to Government if not in conformity.  
VGFN, Government At discretion, initiate negotiations. If no terms and conditions negotiated
VGFN Monitor access.  

Planning Assumption

  1. The Parties agree that Government and VGFN may establish terms and conditions for the exercise of a right of access pursuant to 6.6.0.

PROJECT:
Exercise of right of access by Government or Person authorized by Law for more than 120 consecutive days

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
VGFN

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

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

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

REFERENCED CLAUSES:
6.4.1, 6.4.5.2; Cross reference 6.4.6

Responsibility Activities Timing
Government Notify VGFN of intent to exercise right, including brief description of activity and project or program and the anticipated length of access. Within a reasonable period of time prior to access
VGFN Review notification and notify Government of decision. Within a reasonable period of time after notification
Government Exercise access. If consent granted
OR
  Cease access and at
discretion, refer issue to
Surface Rights Board.
If no consent granted
VGFN Respond to application to Surface Rights Board. Within time frame specified by Surface Rights Board
Government Exercise access pursuant to Surface Rights Board order. If Surface Rights Board so orders
VGFN Monitor access. During and after access

PROJECT:
Exercise of right of access by Person authorized by Law for no more than 120 days

RESPONSIBLE PARTY:
Person authorized by Law

PARTICIPANT/LIAISON:
VGFN

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

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

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

REFERENCED CLAUSES:
6.4.2, 6.4.5.1; Cross reference 6.4.3, 6.4.4, 6.6.0

Responsibility Activities Timing
Person authorized by Law

Notify VGFN of intention to exercise right of access, including brief description of activity and project or program and anticipated length of access.

Prior to access
VGFN Review notice to ensure conformity with any terms and conditions that may be negotiated pursuant to 6.6.0. Prepare and present views to Person authorized by Law. Within a reasonable time prior to access
Person authorized by Law Provide full and fair consideration to views of VGFN.  
Person authorized by Law Exercise access (as may be adjusted by agreement with VGFN). After consideration of VGFN views
VGFN Monitor access. During and after access

Planning Assumption

  1. It is expected that Consultation, wherever possible, will be done within a reasonable period of time prior to access.

PROJECT:
Exercise of right of access by Government or Person authorized by Law for more than 120 consecutive days

RESPONSIBLE PARTY:
Person authorized by Law

PARTICIPANT/LIAISON:
VGFN

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

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

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

REFERENCED CLAUSES:
6.4.2, 6.4.5.2; Cross reference 6.4.6

Responsibility Activities Timing
Person authorized by Law Notify VGFN of intent to exercise right, including brief description of activity and project or program and the anticipated length of access. Within a reasonable period of time prior to access
VGFN Review notification and notify authority of decision. Within a reasonable period of time after notification
Person authorized by Law Exercise access. If consent granted
OR
  Cease access and at discretion, refer issue to Surface Rights Board. If no consent granted
VGFN Respond to application to Surface Rights Board. Within time frame specified by Surface Rights Board
Person authorized by Law Exercise access pursuant to Surface Rights Board orders. If Surface Rights Board so orders
VGFN Monitor access. During and after access

PROJECT:
Liability for damage to Settlement Land

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:

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

REFERENCED CLAUSES:
6.4.4; Cross reference 6.4.2, 6.4.1

Responsibility Activities Timing
VGFN At discretion monitor access to ensure conformity with provisions and any other terms and conditions. As necessary
Government, its agents or contractors or Person authorized by Law Report to VGFN any significant damage to Settlement Land. As soon as practicable after damage is caused
VGFN

Assess extent of damage to Settlement Land or improvements to its Settlement Land.

Request compensation for damage after receiving report of damage.

As soon as practicable after receipt of report
VGFN and Government, its agents or contractors or Person authorized by Law Attempt to negotiate settlement.  

PROJECT:
Department of National Defence right of access

RESPONSIBLE PARTY:
Canada, VGFN

PARTICIPANT/LIAISON:

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

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

REFERENCED CLAUSES:
6.5.1 and 6.5.3; Cross reference 6.5.2

Responsibility Activities Timing
Canada (DND) Request consent of VGFN for access to its Undeveloped Settlement Land for military manoeuvres. As required, prior to exercise of right of access
VGFN Review request and notify Canada (DND) of decision. Within a reasonable period of time
Canada (DND) At discretion, refer to Surface Rights Board for consideration of terms and conditions. If no consent granted
Canada (DND) Provide advance notice of any military exercises/operations to inhabitants of any area to be affected, and exercise access in accordance with terms and conditions. Prior to commencement of military exercises/ operations

PROJECT:
Establishment of terms and conditions of access by VGFN

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:
Yukon, Canada

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

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

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

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

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

REFERENCED CLAUSES:
6.6.1, 6.6.2; Cross reference 5.5.1, 6.1.3

Responsibility Activities Timing
VGFN Notify Government of wish to negotiate the establishment of terms and conditions for the exercise of a right of access identified above. Any time after Effective Date
VGFN, Government Attempt to negotiate terms and condiditons for the exercise of a right of access listed above. Within reasonable time after notification by VGFN
VGFN At discretion refer matter to Surface Rights Board to establish terms and conditions for the exercise of a right of access specifying seasons, times, locations and method or manner of access in line with 6.6.3 and 6.6.4. If no negotiated agreement

PROJECT:
Expropriation -- Location and extent

RESPONSIBLE PARTY:
Expropriating Authority

PARTICIPANT/LIAISON:
VGFN, Government, SRB or NEB

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

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

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

  • any expropriation of Settlement Land shall require the approval of the Governor in Council or the Commissioner in Executive Council as the case may be;
  • notice of the intention of any Authority to seek approval under 7.4.3.1 shall be given to the Affected Yukon First Nation by the Authority; and
  • notice of the intention shall not be given until the public hearing process under 7.6.0 or the public hearing in accordance with Legislation has been completed.

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

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

REFERENCED CLAUSES:
7.3.1, 7.4.1, 7.4.3, 7.7.1, 7.7.2; Cross reference 7.6.0

Responsibility Activities Timing
Expropriating Authority Notify VGFN of proposal to acquire or expropriate Settlement Land. As required
VGFN and Expropriating Authority Prepare for negotiations. Upon receipt of notice
Expropriating Authority and VGFN Negotiate location and extent of land to be acquired or expropriated. At a time agreeable to the parties
If there is an objection filed by VGFN:
VGFN

Prepare for and participate in public hearing process.

Upon notice
Follow public hearing procedures listed in 7.6.0, including:
Body named in Expropriation statute or SRB or NEB
  • appoint hearing panel, including at least one nominee of VGFN if Expropriation is pursuant to NEB Act;
As required
Hearing Panel
  • notify VGFN and public;
As required
Hearing Panel
  • provide VGFN with time to prepare for participation;
As appropriate
Hearing Panel
  • provide VGFN and public opportunity to be heard;
As appropriate
Hearing Panel
  • award costs including interim costs to VGFN; and
 
Hearing Panel
  • prepare and submit report to Minister.
As appropriate after hearing
Expropriating Authority Notify VGFN of intention to seek authority to expropriate. At its discretion after public hearing is complete
Expropriating Authority Seek Governor in Council or Commissioner in Executive Council authority to expropriate. Prior to expropriating
Governor in Council or Commissioner in Executive Council Determine if approval will be granted. Upon request

Planning Assumptions

  1. For the purposes of this Activity Plan, the "holder of a hearing" will be the body named in the expropriating statute as having the responsibility to hold public hearings respecting expropriations pursuant to the Laws of General Application. If no such body is named, or if no hearing is deemed to be required pursuant to the expropriating statute, the Surface Rights Board shall appoint a hearing panel to conduct the public hearing.
  2. The process for determining and awarding compensation in respect of an expropriation is outlined in 7.5.1 to 7.5.2.10. Discussions respecting compensation may occur concurrently with the negotiations on the extent and location.

PROJECT:
Expropriation -- Compensation

RESPONSIBLE PARTY:
Expropriating Authority

PARTICIPANT/LIAISON:
VGFN, Surface Rights Board or National Energy Board

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

When the agreement of the Affected Yukon First Nation pursuant to 7.5.1 is not obtained, the ... provisions [of 7.5.2] shall apply...

REFERENCED CLAUSES:
7.5.1, 7.5.2; Cross reference 7.7.1, 7.7.2

Responsibility Activities Timing
Expropriating Authority Notify VGFN of desire to negotiate compensation. As required in conjunction with an expropriation
VGFN Prepare for negotiations. Upon receipt of notice
VGFN and Expropriating Authority Negotiate compensation. At a time agreeable to the parties
If no agreement on compensation:
VGFN or Expropriating Authority At the discretion of either party, apply to the Surface Rights Board or to NEB as appropriate, to determine dispute over compensation. Within a reasonable period of time
VGFN Prepare for and participate in SRB or NEB compensation process. As required

Planning Assumption

  1. Negotiations on the issue of compensation may occur concurrently with discussions on extent and location of the land proposed to be expropriated.

PROJECT:
Inclusion of VGFN nominee(s) on board, committee or other panel authorized by the National Energy Board Act

RESPONSIBLE PARTY:
National Energy Board

PARTICIPANT/LIAISON:
VGFN

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

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

REFERENCED CLAUSES:
7.7.1, 7.7.2

Responsibility Activities Timing
National Energy Board Notify VGFN that a board, committee or other body is being established and request nominee(s). As required
VGFN Provide nominee(s) as requested. Upon request
National Energy Board Establish board, committee or panel. As required

Planning Assumption

  1. It is possible that an expropriation pursuant to the National Energy Board Act could affect more than one Yukon First Nation. In that circumstance, the National Energy Board shall nominate at least one nominee from each affected Yukon First Nation.

PROJECT:
Compensation payable in relation to the exercise of a Flooding Right identified in VGFA

RESPONSIBLE PARTY:
Authority exercising Flooding Right

PARTICIPANT/LIAISON:
VGFN

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

REFERENCED CLAUSES:
7.8.3; Cross reference 5.16.4, 7.5.2

Responsibility Activities Timing
Authority exercising a Flooding Right and VGFN Follow expropriation procedures listed in Activity Plan for UFA 7.3.1. Prior to the exercise of the Flooding Right
Authority and VGFN Negotiate compensation payable to VGFN As required
Authority or VGFN At the discretion of any party, apply to SRB to determine dispute over compensation. If no agreement reached
VGFN Prepare for and participate in SRB process. As required

PROJECT:
Compensation payable in relation to the exercise of a Flooding Right not identified in VGFA

RESPONSIBLE PARTY:
Authority exercising a Flooding Right

PARTICIPANT/LIAISON:
VGFN, Surface Rights Board

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

REFERENCED CLAUSES:
7.8.4

Responsibility Activities Timing
Authority exercising a Flooding Right and VGFN Follow expropriation procedures listed in Activity Plan for UFA 7.3.1. Prior to the exercise of Flooding Right
Authority and VGFN Negotiate compensation. As required
Authority or VGFN At the discretion of any party, apply to SRB to determine dispute over compensation. If no agreement reached
VGFN Prepare for and participate in SRB process. As required

PROJECT:
Variation of land allocation

RESPONSIBLE PARTY:
Government, Affected Yukon First Nation

PARTICIPANT/LIAISON:
All affected Yukon First Nations

OBLIGATIONS ADDRESSED:
The land allocation determined under 9.3.2 for Yukon First Nations which do not have a Yukon First Nation Final Agreement may be varied by agreement in writing of all affected Yukon First Nations and Government.

REFERENCED CLAUSES:
9.3.4; Cross reference 9.3.2

Responsibility Activities Timing
Yukon First Nation (YFN) or Government Propose to vary land allocation determined in Chapter 9, Schedule A. During negotiations of outstanding YFNFA
Party seeking to vary allocation Notify Government and all affected YFNs of proposal and seek written agreement. Prior to varying allocation
Affected YFNs and Government Review and provide written response to proposal. As soon as practicable
Parties to a YFNFA Vary allocation. If written agreement of all affected YFNs and Government is secured
Parties Amend relevant Settlement Land descriptions as necessary. After variation agreed upon

Planning Assumption

  1. If the first activity arises, it will be in the context of outstanding YFNFA negotiations; once all YFNFAs have been completed, this clause will have no further effect.

PROJECT:
Land exchange

RESPONSIBLE PARTY:
Canada, Yukon, VGFN

PARTICIPANT/LIAISON:

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

REFERENCED CLAUSES:
9.6.1

Responsibility Activities Timing
Canada, Yukon, or VGFN At the discretion of any Party, propose a land exchange. After the Effective Date
Canada, Yukon and VGFN Review proposal and negotiate exchange. If the parties agree
Canada, Yukon and VGFN Effect the exchange, amending Settlement Land description and other records as required. Once an agreement has been negotiated

Planning Assumptions

  1. The activities may occur in relation to any category of Settlement Land.
  2. The responsibility for any costs related to survey and/or title registration will be addressed during the negotiation of the exchange.

PROJECT:
Crown and Settlement Land exchange -- Reservation for airport purposes

RESPONSIBLE PARTY:
Vuntut Gwitchin First Nation, Canada

PARTICIPANT/LIAISON:

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

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

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

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

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

Unless otherwise agreed by the parties to the negotiations under 9.6.1.2, any land determined by an arbitrator pursuant to 9.6.1.4 must be suitable for Government use for airport purposes.

REFERENCED CLAUSES:
9.6.1.1, 9.6.1.2, 9.6.1.3, 9.6.1.4, 9.6.1.5

Responsibility Activities Timing
Canada Notify VGFN that all or a portion of the land described may no longer be required by Government for airport purposes. As appropriate
VGFN Review the information received and prepare and present views to Government. Within reasonable time provided by Government
Canada Provide full and fair consideration of views presented. As soon as practicable
Canada Make determination. After Consultation
Canada Give notice to the VGFN that specified lands will no longer be required and provide full description of the land. If it decides land no longer required
VGFN Review notice and determine which portion of the land, if any, it may wish to obtain in exchange for Settlement Land. As soon as practicable
VGFN Notify Government of desire to obtain all or a portion of the land. Within 90 days of receiving notice
VGFN and Canada Enter into negotiations to conclude exchange. As soon as practicable
VGFN or Canada Refer any outstanding matter to dispute resolution pursuant to 26.3.0, including arbitration if necessary. If no agreement within 120 days of commencing negotiations

PROJECT:
Establishment of a Special Management Area other than those provided for in VGFA

RESPONSIBLE PARTY:
Yukon, Canada

PARTICIPANT/LIAISON:
Renewable Resources Council, VGFN, Yukon Heritage Resources Board

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

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

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

REFERENCED CLAUSES:
10.3.3, 10.3.4, 10.3.5; Cross reference 10.4.1, 10.5.1, 10.5.7, 10.5.8, 10.5.9, 10.6.0, 10.7.0

Responsibility Activities Timing
Appropriate Government Forward proposal for a Special Management Area not provided for in the VGFA to the affected Renewable Resources Council or to the Yukon Heritage Resources Board and the VGFN if proposal includes Settlement Land. If proposing the establishment of a Special Management Area not provided for in the VGFA
Renewable Resources Council or Yukon Heritage Resources Board

Review proposal for Special Management Area.

Prepare and provide recommendations to Government regarding proposed Special Management Area.

As required within reasonable time period
VGFN Grant or deny consent to include Settlement Land in Special Management Area.  
Government Review recommendations of Renewable Resources Council or Yukon Heritage Resources Board.  
Government If Special Management Area does not include Settlement Land, decide whether or not to establish Special Management Area. (after consideration of 10.4.1) At discretion of Government
Government If Special Management Area includes Settlement Land and consent has been granted by the VGFN, decide whether or not to establish Special Management Area. At discretion of Government

PROJECT:
Proposed Special Management Areas which will adversely affect rights of the VGFN under a Settlement Agreement

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
VGFN

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

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

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

Agreements negotiated pursuant to 10.4.1:

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

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

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

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

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

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

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

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

REFERENCED CLAUSES:
10.4.1, 10.4.2, 10.4.3, 10.4.4, 10.4.8, 10.4.9

Responsibility Activities Timing
Canada or Yukon Forward proposal for Special Management Area to VGFN. When Government wishes to establish a Special Management Area in VGFN Traditional Territory
VGFN Review Special Management Area proposal for impact on VGFN rights under a Settlement Agreement. Provide comments to Government re: proposed Special Management Area. Within reasonable period of time
VGFN, Canada or Yukon Negotiate an agreement to establish a Special Management Area, pursuant to 10.4.1 and 10.4.2. At the request of either party
Canada or Yukon At discretion, establish Special Management Area. If agreement is reached
VGFN, Canada, Yukon At discretion, refer outstanding issues to mediation under 26.4.0. If no agreement is reached
Canada or Yukon At discretion, establish Special Management Area. After mediation process
VGFN or Canada or Yukon Propose an amendment to Special Management area agreement negotiated under 10.4.1 according to terms set out in that agreement. At discretion of any party to agreement
Other parties Review and respond to proposed amendment. Within reasonable period of time
VGFN, Canada, Yukon Amend agreement. If Parties agree
VGFN or Canada or Yukon

Propose Special Management Area agreement negotiated under 10.4.1 be appended to and form part of the VGFA.

Review implications of appending the Special Management Area agreement to the VGFA.

 
VGFN, Canada, Yukon

Append to VGFA, following amending process under 2.3.4, 2.3.5 and 2.3.6.

Amend implementation plan as required.

If agreement reached to append to VGFA

PROJECT:
Access to Special Management Area by Yukon Indian Person

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
VGFN

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

REFERENCED CLAUSES:
10.4.5; Cross reference 6.2.3.2, 16.3.3

Responsibility Activities Timing
Canada or Yukon Notify and provide information to VGFN that access by a Yukon Indian Person to a Special Management Area within VGFN Traditional Territory is proposed to be limited or prohibited for reasons of Conservation, public health or safety. As required
VGFN Prepare and present views to Government re: reasons for limiting or prohibiting access. Within a reasonable period of time
Canada or Yukon Provide full and fair consideration to VGFN views and provide response to VGFN. As necessary
VGFN At discretion, publish information to its citizens.  

PROJECT:
Negotiate an agreement for Special Management Area where Government has established Special Management Area pursuant to 10.4.4

RESPONSIBLE PARTY:
Canada, Yukon or VGFN

PARTICIPANT/LIAISON:

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

REFERENCED CLAUSES:
10.4.6; Cross reference 10.4.1, 10.4.4

Responsibility Activities Timing
Canada, Yukon or VGFN Propose negotiations pursuant to 10.4.1, if there has been no negotiated agreement with respect to a proposed Special Management Area, and Government has established the Special Management Area pursuant to 10.4.4.  
Canada, Yukon, VGFN Enter negotiations, if parties agree to negotiate.  

PROJECT:
Preparation of management plan for each Special Management Area established pursuant to the VGFA

RESPONSIBLE PARTY:
Canada or Yukon

PARTICIPANT/LIAISON:
Renewable Resources Council, Yukon Heritage Resources Board

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

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

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

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

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

REFERENCED CLAUSES:
10.5.2, 10.5.3, 10.5.4, 10.5.5, 10.5.6; Cross reference 10.4.1, 10.6.1, 16.5.4, 16.8.0

Responsibility Activities Timing
Canada or Yukon Prepare a management plan if Special Management Area established. Best efforts within five years of establishment of Special Management Area
  Forward management plan for Special Management Area to Renewable Resources Council and/or Yukon Heritage Resources Board. Prior to approval
Renewable Resources Council or Yukon Heritage Resources Board Review Special Management Area management plans. Prepare and forward recommendations to Canada or Yukon. Within a reasonable period of time
Canada or Yukon Consider recommendations of Renewable Resources Council or Yukon Heritage Resources Board and incorporate in plans as determined by Canada or Yukon.  
Canada or Yukon Follow procedure under 16.8.0, if recommendation comes from Renewable Resources Council.  
  Adopt plans. At discretion of Minister
Canada or Yukon Initiate review of Special Management Area management plan. Within 10 years following adoption of Special Management Area management plan

PROJECT:
Removal of land from Vuntut National Park

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Vuntut Gwitchin First Nation

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

REFERENCED CLAUSES:
Chapter 10 Schedule A 3.2

Responsibility Activities Timing
Canada (CPS) Notify and discuss with the VGFN, any proposal to remove land and request consent to proceed. As appropriate
VGFN Review proposal, grant or deny consent, and notify CPS in writing of decision. Within a reasonable time of receiving proposal
Canada (CPS) If consent is granted proceed with removal. If appropriate
Canada (CPS) Notify VGFN when removal is complete. As soon as practicable

PROJECT:
Agreement to limit right to give, trade, barter or sell Non- Edible By-Products of Fish and Wildlife

RESPONSIBLE PARTY:
Canada, Yukon, Vuntut Gwitchin First Nation

PARTICIPANT/LIAISON:

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

REFERENCED CLAUSES:
Chapter 10 Schedule A 4.6

Responsibility Activities Timing
Canada or Yukon or VGFN Propose to other parties that arrangements respecting noted rights be altered. At discretion
Canada and Yukon and VGFN Attempt to reach agreement. As required
Canada and Yukon and VGFN If agreement is reached by all Parties, implement the agreement. As soon as practicable

PROJECT:
Consultation prior to imposing a limitation on the exercise of rights

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Vuntut Gwitchin First Nation

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

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

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

REFERENCED CLAUSES:
Chapter 10 Schedule A 4.8; Cross reference 16.5.4

Responsibility Activities Timing
Canada (CPS) Notify VGFN of proposal to impose a limitation pursuant to 4.8 and provide all relevant information. Prior to imposing a limitation
VGFN Review information and prepare and present views. Within a reasonable time of notification
Canada (CPS) Provide full and fair consideration to views presented. Prior to imposing a limitation
Canada (CPS) Notify VGFN of decision. As soon as practicable
Canada (CPS) Implement decision. As required

PROJECT:
Allocation of allowable harvest amount by Vuntut Gwitchin First Nation

RESPONSIBLE PARTY:
Vuntut Gwitchin First Nation

PARTICIPANT/LIAISON:
Canada

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

  • the Vuntut Gwitchin First Nation shall decide whether to allocate any part, or all, of that allowable harvest to Vuntut Gwitchin and shall notify the Park superintendent in writing of its decision;
  • where the Vuntut Gwitchin First Nation decides to allocate part, or all, of that allowable harvest, the notice pursuant to 4.11.1 shall specify the allocation of Freshwater Fish or the number and species of Wildlife to be harvested; and
  • the right of Vuntut Gwitchin to Harvest Freshwater Fish or Wildlife for which an allowable harvest has been established is contingent upon that person being allocated part of the allowable harvest by the Vuntut Gwitchin First Nation.

REFERENCED CLAUSES:
Chapter 10 Schedule A 4.11

Responsibility Activities Timing
Canada (CPS) Notify VGFN of allowable harvest for any species within Park. If an allowable harvest is set in accordance with this schedule
VGFN Determine portion, if any, of allowable harvest which is to be allocated. After an allowable harvest level has been set
VGFN Notify Park superintendent of decision in writing, specifying the number and species to be harvested. As required
VGFN Allocate allowable harvest. At its discretion

PROJECT:
Manage exercise of harvesting rights

RESPONSIBLE PARTY:
Vuntut Gwitchin First Nation

PARTICIPANT/LIAISON:

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

  • the exercise of rights of Vuntut Gwitchin under 4.0; and
  • the Harvesting by persons who are beneficiaries of adjacent land claims settlements in Canada who have been granted authorization to Harvest within the Park pursuant to 4.22,

where not inconsistent with the regulation of those rights by Government in accordance with 4.8 and other provisions of this schedule.

REFERENCED CLAUSES:
Chapter 10 Schedule A 4.12; Cross reference 4.22

Responsibility Activities Timing
VGFN At discretion develop policies and procedures necessary for the management, administration, allocation and regulation of the rights of Vuntut Gwitchin harvesters and other authorized harvesters within the Park. As appropriate

PROJECT:
Maintain register of harvest information

RESPONSIBLE PARTY:
Vuntut Gwitchin First Nation

PARTICIPANT/LIAISON:
Renewable Resources Council, Canada

OBLIGATIONS ADDRESSED:
The Vuntut Gwitchin First Nation shall establish and maintain a register of harvest information relating to Harvesting in the Park which contains a record of the allocation of Harvesting rights among Vuntut Gwitchin and a record of what is Harvested, and such other harvest information as is prescribed by the Council.

The register of harvest information shall be made available to the Park superintendent on a regular and timely basis in a manner prescibed by the Council.

REFERENCED CLAUSES:
Chapter 10 Schedule A 4.13, 4.13.1; Cross reference 16.5.1.12

Responsibility Activities Timing
VGFN Develop a register of harvest information. As soon as practicable after the Effective Date
VGFN Maintain register and record harvest information and any other information as prescribed by the RRC. Ongoing
VGFN Make register available to Park superintendent as prescribed by the RRC.  

PROJECT:
Consultation with the Renewable Resources Council regarding issuance of permits and/or licences

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Renewable Resources Council, Vuntut Gwitchin First Nation

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

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

REFERENCED CLAUSES:
Chapter 10 Schedule A 4.15

Responsibility Activities Timing
Canada (CPS) Notify RRC of a proposal to require a licence or permit for harvesting in the Park and provide RRC with any relevant information. As required
RRC Review proposal and prepare and present views to CPS. Within a reasonable time provided by CPS
Canada (CPS) Provide full and fair consideration to views presented. Prior to setting requirement
If decision taken to require licence or permit:
Canada (CPS) Issue licence without fee or charge. As required
VGFN Request approval from CPS to issue permits and/or licences. At its discretion
Canada (CPS) Notify RRC of VGFN's request and provide any relevant information. Upon receipt of request
RRC Review request and prepare and present views to CPS. Within reasonable time identified by CPS
Canada (CPS) Provide full and fair consideration to views presented. Prior to granting request
If decision taken to allow VGFN to issue:
VGFN Issue licences or permits. As required

PROJECT:
Provision of Fish and Wildlife Harvest to the Vuntut Gwitchin First Nation

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Vuntut Gwitchin First Nation

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

REFERENCED CLAUSES:
Chapter 10 Schedule A 4.16

Responsibility Activities Timing
Canada (CPS) Advise VGFN that Fish and/or Wildlife may be harvested for management purposes and may be available for use by the VGFN. As required
Canada (CPS) Offer Fish and/or Wildlife harvested for management purposes to the Vuntut Gwitchin First Nation. As available

PROJECT:
Establishment of cabins in Park

RESPONSIBLE PARTY:
Vuntut Gwitchin First Nation

PARTICIPANT/LIAISON:
Renewable Resources Council, Canada

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

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

The Council shall consider the request and determine:

  • whether the location of the proposed cabin conforms with the Park Management Plan; and
  • whether the cabin is necessary for the exercise of Harvesting rights provided for in this schedule.

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

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

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

REFERENCED CLAUSES:
Chapter 10 Schedule A 4.18, 4.19; Cross reference 6.3 - 6.7.2

Responsibility Activities Timing
VGFN Verify conformity with Park Management Plan. Prior to expanding cabins or establishing camps, caches or trails
VGFN Notify RRC of request to establish cabin in the Park and provide details. As required
RRC Review request. Upon request
RRC Make recommendation to Park superintendent. As soon as practicable
Canada (CPS) Consider recommendation of RRC as well as any other relevant information. Upon receipt of recommendation
Canada (CPS) Accept recommendation if the proposal conforms to the plan and is required for the exercise of harvesting rights, and authorize the establishment. Within 60 days of receiving recommendation unless time extended by Park superintendent
OR
Canada (CPS) Vary set aside or replace the recommendation and send it back to the RRC with written reason. Within 60 days of receiving recommendation unless time extended by Park superintendent
RRC Review decision and forward final recommendation with written reasons. Within 30 days of receiving decision unless time extended by Park superintendent
Canada (CPS) Make final decision and notify RRC. Within 45 days of receiving final recommendation
Canada (CPS) Implement decision. As soon as practicable

PROJECT:
Harvest in Park by Persons other than Vuntut Gwitchin

RESPONSIBLE PARTY:
Vuntut Gwitchin First Nation

PARTICIPANT/LIAISON:
Canada

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

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

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

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

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

the Vuntut Gwitchin First Nation may recommend to the Minister the terms and conditions under which the authorization should be granted; and

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

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

REFERENCED CLAUSES:
Chapter 10 Schedule A 4.22, 4.23, 4.24 Cross reference 4.25

Responsibility Activities Timing
VGFN Request that the Minister authorize harvesting of Fish and/or Wildlife in the Park by person other than Vuntut Gwitchin, and, if person is not the beneficiary of an adjacent land claim settlement, recommend terms and conditions under which authorization should be granted. At the discretion of the VGFN
Minister Consider the request, including terms and conditions as appropriate. As soon as practicable upon receipt of request
Minister Determine if authorization will be granted, and under what terms and conditions, and notify the VGFN. As soon as practicable

PROJECT:
National Park and adjacent area Wildlife harvesting information sharing

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Yukon, VGFN, Canada (Canadian Wildlife Service), Fish and Wildlife Management Board and Renewable Resources Council

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

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

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

REFERENCED CLAUSES:
Chapter 10 Schedule A 4.28, 7.2.5, 7.8; Cross reference 16.3.14.1

Responsibility Activities Timing
Yukon, VGFN, Canada (Canadian Parks Service, Canadian Wildlife Service) Meet to discuss appropriate protocol for coordination of the management of Fish and Wildlife populations in the VGFN Traditional Territory. After Effective Date
Yukon, VGFN, Canada (Canadian Parks Service, Canadian Wildlife Service) Draft protocol and provide to all affected agencies for review.  
All agencies As agreed, implement protocol.  

Planning Assumptions

  1. In developing the protocol for coordination of management and wildlife, the Canadian Parks Service and Yukon shall address methods for sharing information on trapline use and Furbearer management.
  2. In the second activity affected agencies will include the Fish and Wildlife Management Board and RRC, pursuant to the coordination requirement in 16.3.14.1.

PROJECT:
Allocation of trapping opportunities in the Park

RESPONSIBLE PARTY:
Vuntut Gwitchin First Nation

PARTICIPANT/LIAISON:
Canada

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

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

REFERENCED CLAUSES:
Chapter 10 Schedule A 5.2, 5.3; Cross reference 16.5.1.2, 16.5.1.3

Responsibility Activities Timing
VGFN Allocate trapping opportunities in the Park. As appropriate after the establishment of the Park
VGFN Align, re-align and group individual traplines. As required
VGFN Establish and maintain a register of the allocation of trapping opportunities. As soon as practicable after the Effective Date
VGFN Provide a copy of the register to the Park superintendent. As required

PROJECT:
Procedure for specified recommendations of the Renewable Resources Council

RESPONSIBLE PARTY:
Renewable Resources Council, Canada

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
The provisions of 6.3 to 6.7.2 apply to recommendations by the Council pursuant to 6.1.1 to 6.1.4.

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

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

REFERENCED CLAUSES:
Chapter 10 Schedule A 6.2, 6.3; Cross reference 6.4 - 6.9

Responsibility Activities Timing
For recommendations made by the RRC pursuant to 4.19 and 6.1.1 - 6.1.4:
RRC Make recommendation to Minister. As soon as practicable
Minister Consider recommendation of RRC as well as any other relevant information. Upon receipt of recommendation
Minister and Government Accept recommendation and implement as soon as practicable. Within 60 days of receiving the recommendations unless the time is extended by 30 days by the Minister
OR
Minister Vary, set aside or replace the recommendation and send it back to the RRC with written reason. Within 60 days of receiving recommendation unless time extended by Minister
RRC Review Ministerial decision and forward final recommendation to Minister, with written reasons. Within 30 days of receiving decision unless time extended by Minister
Minister Make final decision and notify RRC. Within 45 days of receiving final recommendation
Canada (CPS) Implement all final decisions of the Minister. As soon as practicable

For recommendations made by the RRC pursuant to 6.1.5 - 6.1.9:

Follow steps described above and if no final decision is rendered by the expiry of the time provided:

Government Implement recommendation of the RRC. As soon as practicable upon expiry of the time provided

PROJECT:
Annual meeting of the Renewable Resources Council and the Park superintendent

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Renewable Resources Council

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

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

REFERENCED CLAUSES:
Chapter 10 Schedule A 6.10

Responsibility Activities Timing
Canada (CPS) Contact RRC to schedule annual meeting and to discuss necessary arrangements and an agenda. Annually
Canada (CPS) and RRC Hold the meeting in Old Crow, Yukon. Hold the meeting in Old Crow, Yukon.

Planning Assumption

  1. CPS will pay the costs of participation for the members of the RRC at the annual meeting.

PROJECT:
Park planning and management

RESPONSIBLE PARTY:
Canada, Renewable Resources Council

PARTICIPANT/LIAISON:

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

Any management plan or policy for the Park:

  • shall recognize the rights under this schedule of Vuntut Gwitchin to Harvest for Subsistence;
  • shall provide for the protection of Fish and Wildlife and their habitat;
  • shall place particular emphasis on control, timing and location of visitor activities and means of visitor access to the park in order to provide for visitor safety and avoid conflicts with Harvesting activities of the Vuntut Gwitchin;
  • shall recognize the traditional and current use of the Park by Vuntut Gwitchin;
  • shall be consistent with the management principles described in 3.1.1, 3.1.3 and 3.1.4 of Schedule C - Old Crow Flats Area, attached to Chapter 10
  • Special Management Areas; and
  • may address other matters pertaining to the management of the Park.

REFERENCED CLAUSES:
Chapter 10 Schedule A 7.1, 7.2; Cross reference 7.8

Responsibility Activities Timing
Canada (CPS) and RRC Develop management plan in accordance with National Parks Act and Chapter 10 Schedule A. As soon as practicable after the establishment of the Park
Canada (CPS) and RRC Manage Park in a manner consistent with this Schedule. Ongoing
Canada (CPS) Receive recommendations from the RRC on possible revisions to the management plan. Periodically
Canada (CPS) Revise and/or amend the management plan as required. As required

Planning Assumption

  1. CPS will pay the costs of participation for members of the RRC in preparation of the management plan and ongoing activities as related to the Park.

PROJECT:
Recognition of the association of Vuntut Gwitchin with the Park area

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
Vuntut Gwitchin First Nation

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

REFERENCED CLAUSES:
Chapter 10 Schedule A 7.3

Responsibility Activities Timing
Government Notify VGFN of a proposal to revise information issued or to issue new information regarding the Park and inform the Vuntut Gwitchin First Nation and provide details. As appropriate
VGFN Provide input into the means by which the Vuntut Gwitchin's association can be recognized. Upon receipt of proposal
Government Issue information, taking into account the input received. As required

PROJECT:
Establishment of visitor reception facilities and information centre

RESPONSIBLE PARTY:
Vuntut Gwitchin First Nation and Canada

PARTICIPANT/LIAISON:

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

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

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

REFERENCED CLAUSES:
Chapter 10 Schedule A 7.5, 7.6

Responsibility Activities Timing
Canada (CPS) Notify VGFN of intention to establish the primary reception and information centre and the Park operations centre within the community of Old Crow and provide details. As indicated during the management planning process
VGFN Review information provided by CPS and prepare and present views to CPS, including information with respect to suitable land and facilities. As soon as practicable upon receipt of notice
Canada (CPS) and VGFN Negotiate agreement with respect to the provision of land and facilities, including appropriate terms and conditions as required. At a time agreeable to the Parties
Canada (CPS) Proceed with establishment. As practicable once negotiations are completed

PROJECT:
Controlled hunt in the Park

RESPONSIBLE PARTY:
Vuntut Gwitchin First Nation

PARTICIPANT/LIAISON:
Canada

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

REFERENCED CLAUSES:
Chapter 10 Schedule A 7.7

Responsibility Activities Timing
Canada (CPS) Identify need to undertake a controlled hunt and notify the VGFN of the details. As required
VGFN Review information and discuss approaches for coordinating the hunt with CPS. Upon receipt of notice
VGFN Determine if VGFN will exercise the option of conducting the hunt in coordination with Park officials. As soon as practicable after discussing issue with Park officials
VGFN and Canada (CPS) Finalize arrangements for the hunt. If VGFN determines that it will exercise its option
Canada (CPS) Provide the VGFN the first opportunity to use the Wildlife parts and products which result from the hunt. As required

PROJECT:
Listing of documented Heritage Sites

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Vuntut Gwitchin First Nation

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

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

REFERENCED CLAUSES:
Chapter 10 Schedule A 8.3, 8.4

Responsibility Activities Timing
Canada (CPS) In consultation with the VGFN, prepare a list of all relevant Heritage Sites within the Park that have been documented at the time of the Effective Date and include information on location and character. As soon as practicable after the Effective Date
Canada (CPS) Provide the list to the Vuntut Gwitchin First Nation. As soon as practicable
Canada (CPS) Within existing budgets, facilitate the preparation of an inventory of relevant Moveable Heritage Resources and Sites. As soon as practicable upon request of the VGFN

Planning Assumption

  1. Canada (CPS) will make best efforts to meet with representatives of the Vuntut Gwitchin First Nation as soon as possible after the Effective Date to develop an informal process for confirming the ownership of Moveable Heritage Resources in the Park and for identifying items in the Park which might relate to the Vuntut Gwitchin First Nation.

PROJECT:
Inclusion of Gwitchin language on interpretive displays and signage

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Vuntut Gwitchin First Nation

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

REFERENCED CLAUSES:
Chapter 10 Schedule A 8.5

Responsibility Activities Timing
Canada (CPS) Propose to erect interpretive displays or signage regarding the history and/or culture of the Vuntut Gwitchin. As appropriate
Canada (CPS) and VGFN Discuss appropriate wording. Prior to completing displays or signage
Canada (CPS) Include Gwitchin language on the displays or signage. As appropriate

PROJECT:
Naming of places or features within the Park

RESPONSIBLE PARTY:
Canada, Yukon Geographical Place Names Board, Vuntut Gwitchin First Nation or other responsible agency

PARTICIPANT/LIAISON:

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

REFERENCED CLAUSES:
Chapter 10 Schedule A 8.6

Responsibility Activities Timing
Responsible agency Propose to name or rename a
place or feature within the
Park, notify the VGFN, and
provide necessary details.
Prior to naming or renaming a feature
VGFN Review proposal and prepare and present views to the responsible agency. Within a reasonable time upon receipt of notice
Responsible agency Provide full and fair consideration to the views presented. Prior to confirming name

PROJECT:
Access to Vuntut Gwitchin First Nation Burial Sites

RESPONSIBLE PARTY:
Vuntut Gwitchin First Nation, Canada

PARTICIPANT/LIAISON:

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

REFERENCED CLAUSES:
Chapter 10 Schedule A 8.7

Responsibility Activities Timing
VGFN Receive request for access to Burial Site. As required
VGFN Consider request for access to burial site, grant or deny the request and notify applicant in writing of decision, including any terms and conditions that may be imposed on access if access is permitted. Upon receipt of a request for access
VGFN Inform CPS that access has been permitted. As appropriate

Planning Assumption

  1. Information available to Park users should highlight this restriction.

PROJECT:
Preparation of impact and benefits plan

RESPONSIBLE PARTY:
Canada, Vuntut Gwitchin First Nation

PARTICIPANT/LIAISON:

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

  • identify potential businesses and employment opportunities that Vuntut Gwitchin may access associated with the establishment, development and operation of the Park;
  • identify strategies for Vuntut Gwitchin to take advantage of the economic opportunities identified in 9.1.1; and
  • identify potential negative impacts of the establishment and long term operation of the Park on the Vuntut Gwitchin and strategies for mitigating these potential negative impacts.

REFERENCED CLAUSES:
Chapter 10 Schedule A 9.1; Cross reference 9.2

Responsibility Activities Timing
Canada (CPS) Notify VGFN of intention to begin the preparation of the impact and benefits plan and provide any relevant information, as it becomes available. In sufficient time to allow completion of the plan within 1 year of the Effective Date
VGFN Review information and provide input to CPS. Periodically, within a reasonable time of receiving information
Canada (CPS) Provide full and fair consideration to the input provided by the VGFN. As plan is being prepared
Canada (CPS) Incorporate information provided, draft a plan and provide it to the VGFN for final comment. As appropriate
VGFN Review information and provide final comments. Upon receipt of draft plan
Canada (CPS) Finalize plan and forward to the VGFN. Once plan is complete

Planning Assumption

  1. Consultation with the VGFN shall be ongoing over the course of the preparation of the plan.

PROJECT:
Employment in the Park

RESPONSIBLE PARTY:
Canada and Vuntut Gwitchin First Nation

PARTICIPANT/LIAISON:

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

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

REFERENCED CLAUSES:
Chapter 10 Schedule A 9.3, 9.4; Cross reference 9.5

Responsibility Activities Timing
Canada (CPS) Notify the VGFN of intention to establish hiring policies and procedures to achieve employment objectives and provide relevant information including draft policies and draft selection criteria as appropriate, and schedule meeting to discuss a joint approach and an employment strategy. As soon as possible after the Effective Date
Canada (CPS) In consultation with the VGFN, examine hiring specifications and modify to include, where appropriate, criteria for knowledge related to the Vuntut Gwitchin culture, language and society when preparing specification for public service employment for the Park in the Traditional Territory. As appropriate
VGFN Review information and prepare and present views. Within reasonable time provided
Canada (CPS) Provide full and fair consideration to the views presented. Before confirming policies and procedures
Canada (CPS) Establish and implement policies and procedures. As soon as practicable
Canada (CPS) Notify VGFN of how employment objectives will be met. As soon as practicable

PROJECT:
Contracts within the Traditional Territory related to the Park

RESPONSIBLE PARTY:
Canada and Vuntut Gwitchin First Nation

PARTICIPANT/LIAISON:

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

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

  • the Canadian Parks Service shall provide notice to the Vuntut Gwitchin First Nation specifying the terms and conditions of the contract;
  • the Vuntut Gwitchin First Nation shall have 30 days from the date the notice in 9.7.1 is received to advise the Park superintendent in writing whether it is exercising its right of first refusal under 9.7.
  • if the Vuntut Gwitchin First Nation does not exercise its right of first refusal under 9.7, the Canadian Parks Service may offer the contract publicly on the same terms and conditions specified in the notice pursuant to 9.7.1; and
  • if the contract offered publicly is not accepted, the Canadian Parks Service may re-offer the contract on new terms and conditions in accordance with the procedure set out in 9.7.

REFERENCED CLAUSES:
Chapter 10 Schedule A 9.6, 9.7

Responsibility Activities Timing
Canada (CPS) Notify the VGFN of invitations for relevant goods and/or services contracts and provide details. As appropriate
Canada (CPS) Notify the VGFN of, and provide the VGFN the right of first refusal for, contracts for construction or maintenance of trails or facilities in or related to the Park. As appropriate
VGFN Review contract notice and respond within the time required, providing either a bid or an indication of acceptance or rejection of the right of first refusal. As appropriate
Canada (CPS) Review bids submitted or response to right of first refusal offer and tender contract as required. As appropriate
Canada (CPS) If contract is re-offered under revised terms and conditions, notify VGFN in accordance with 9.7. As appropriate

Planning Assumption

  1. The notice prescribed in 9.6 should provide the Vuntut Gwitchin First Nation with sufficient time to prepare a bid on a contract if appropriate.

PROJECT:
Contract modifications

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:

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

  1. knowledge of Vuntut Gwitchin language, culture, society or traditional knowledge of the Vuntut Gwitchin First Nation Traditional Territory; and
  2. the employment of Vuntut Gwitchin professional services, the use of Vuntut Gwitchin suppliers, on-the-job training or skills development for Vuntut Gwitchin,

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

REFERENCED CLAUSES:
Chapter 10 Schedule A 9.8; Cross reference 9.9

Responsibility Activities Timing
Canada (CPS) In cooperation with the VGFN, develop contract criteria to include those factors listed be used as appropriate during the public tendering process. As soon as practicable after the Effective Date
Canada (CPS) Use criteria developed when assessing contract proposals. As appropriate

PROJECT:
Other economic opportunities

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Vuntut Gwitchin First Nation

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

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

  • promptly provide the Vuntut Gwitchin First Nation with written notice of the application, together with a short description of,
    • the nature of business proposed, and
    • in general terms, the geographic location in the Park where the business is proposed to operate; and
  • advise the applicant in writing that the application will be processed subject to and in accordance with the preemptive option procedures set out in 10.0.

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

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

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

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

  • the Vuntut Gwitchin First Nation may, within six months of receiving the notice described in 10.2.1, submit an application to the Park superintendent for a licence to operate a business substantially similar in nature and location to that proposed by the applicant referred to in 10.1; and
  • the Park superintendent shall notify the original applicant that the Vuntut Gwitchin First Nation intends to exercise its preemptive option under 10.0.

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

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

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

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

REFERENCED CLAUSES:
Chapter 10 Schedule A 10.1 - 10.10

Responsibility Activities Timing
Canada (CPS) Receive application from a non-Vuntut Gwitchin for a licence to operate in the Park. Any time
Canada (CPS) Notify VGFN of the application and provide details listed. As soon as practicable
Canada (CPS) Advise applicant in writing of the procedures set out in 10.0 of this Schedule. After notifying the VGFN
Vuntut Gwitchin First Nation Review information from CPS and notify Park Superintendent in writing of whether or not option to be exercised. Within 30 days of receiving notice
If the Vuntut Gwitchin First Nation chooses not to exercise the option or is deemed to have refused the option:
Canada (CPS) Notify original applicant that the application will be processed. As required
If the Vuntut Gwitchin First Nation chooses to exercise option:
VGFN Submit application for licence to the Park Superintendent. Within 6 months
Canada (CPS) Notify original applicant that the Vuntut Gwitchin First Nation has chosen to exercise option. As soon as practicable
Canada (CPS) Review VGFN application and make a determination regarding its acceptability. As soon as practicable upon receipt of submission
Canada (CPS)

If VGFN application is accepted, issue licence to the VGFN and notify original applicant in writing.

As appropriate
OR
Canada (CPS) If VGFN application is rejected, notify VGFN in writing and notify original applicant that the original application will be processed. As soon as practicable after a decision has been made

PROJECT:
Establishment of licence quotas in the Park

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Renewable Resources Council

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

REFERENCED CLAUSES:
Chapter 10 Schedule A 11.1

Responsibility Activities Timing
Canada (CPS) Notify RRC that CPS is considering the need to set quotas on business licences within the Park, and associated terms and conditions and provide relevant information. As required
RRC Review notice and prepare and present views to CPS. Within a reasonable time
Canada (CPS) Provide full and fair consideration to the views presented. Before making decision
Canada (CPS) Notify the RRC and the VGFN with respect to quota set, if any, and any terms and conditions that will apply to those licences. As soon as practicable after decision is taken

PROJECT:
Right of first refusal on commercial licences

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Vuntut Gwitchin First Nation

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

  • in the first year that the Canadian Parks Service establishes a quota within the Park, the Canadian Parks Service shall offer to the Vuntut Gwitchin First Nation:
  • the number of licences equal to 50 percent of the quota established by the Canadian Parks Service, less the number of permits or licences which are required to allow existing operations which are held by a Vuntut Gwitchin Firm to operate at their then existing level, or
  • the number of licences which remains after the then existing operators in the Park have received the licences which are required to allow them to operate at their then existing level,

whichever is less; and

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

REFERENCED CLAUSES:
Chapter 10 Schedule A 11.2; Cross reference 12.0

Responsibility Activities Timing
If quota is established during year one:
Canada (CPS) Offer licences in accordance with 11.2.1. As required
VGFN Determine whether or not to accept a licence and apply if appropriate. Within 1 year of offer
Canada (CPS) Issue licence or permit to the VGFN providing that requirements in place from time to time are met. Upon application within 1 year of notice
If quota established in year two or afterwards:
Canada (CPS) Offer licences in accordance with 11.2.2. As required
VGFN Determine whether or not to accept a licence, and apply if appropriate. As soon as practicable
Canada (CPS) Issue licences. As appropriate

PROJECT:
Establishment of Fishing Branch Ecological Reserve

RESPONSIBLE PARTY:
Canada, Yukon, VGFN

PROJECT MANAGER:

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

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

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

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

Government shall withdraw the mines and minerals within the Ecological Reserve from locating, prospecting and mining under the Yukon Quartz Mining Act, R.S.C. 1985, c. Y-4 and the Yukon Placer Mining Act, R.S.C. 1985, c. Y-3, and from exploration and development under the Canada Petroleum Resources Act, R.S.C. 1985, c. C-36.

REFERENCED CLAUSES:
Chapter 10 Schedule B 1.1, 1.2, 1.3, 1.4, 3.1

Responsibility Activities Timing
Canada Transfer to the Commissioner of the Yukon the administration and control of the land comprising the Fishing Branch Ecological Reserve as identified in 1.1, excluding the mines and minerals and the right to work the mines and minerals. As soon as practicable after the Effective Date
Yukon Establish the Fishing Branch Ecological Reserve pursuant to the Parks Act, R.S.Y., c. 126. As soon as practicable after the transfer of the Ecological Reserve from Canada
Canada Withdraw mines and minerals within the Ecological Reserve from locating, prospecting and mining under the Yukon Quartz Mining Act, R.S.C. 1985, c. Y-4 and the Yukon Placer Mining Act, R.S.C. 1985, c Y-3. At the time of transfer
Canada Withdraw the issuance of rights to exploration and development under the Canada Petroleum Resources Act, R.S.C, 1985, c. C-36. At the time of transfer
Government Seek consent of VGFN to remove lands forming part of the Ecological Reserve from ecological reserve status under the Parks Act, R.S.Y. 1986, c. 126. If proposing to remove lands forming part of the Ecological Reserve from ecological reserve status under the Parks Act, R.S.Y. 1986, c.126
VGFN Evaluate request and grant or deny consent. Within a reasonable time period after request from Government

PROJECT:
Preparation of the management plan for Fishing Branch Ecological Reserve

RESPONSIBLE PARTY:
Yukon, VGFN

PARTICIPANT LIAISON:

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

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

The Minister shall:

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

consider and decide the outstanding matters referred pursuant to 4.5,

within 60 days of the receipt of the recommendation or referral.

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

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

The Yukon shall manage the Ecological Reserve in accordance with the Parks Act, R.S.Y. 1985, c. 126, and the management plan for the Ecological Reserve approved by the Minister under 4.6.

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

REFERENCED CLAUSES:
Chapter 10 Schedule B 4.1, 4.5, 4.6, 4.7, 4.8, 5.1, 7.1; Cross reference Chapter 10 Schedule B 4.2, 4.3, 4.4, 6.1; Appendix A - Description of Settlement Land, R-5A

Responsibility Activities Timing
Yukon, VGFN Hold initial meeting to prepare a workplan for development of the management plan pursuant to chapter 10, Schedule B, 4.2, 4.3 and 4.4, also considering 6.1. Within first year after Effective Date so that resource requirements can be addressed in the parties' budgets for the 2nd year
Yukon, VGFN In accordance with the work plan, develop and recommend management plan to the Minister. Within two years of the Effective Date, consistent with work plan
Yukon, VGFN Recommend the part of the management plan that has been prepared and jointly refer outstanding matters, in writing, to the Minister. If Yukon and VGFN are unable to agree on part or all of the management plan
Minister Accept, vary or set aside the recommended management plan, including resolution of outstanding issues] Within 60 days of receipt of the management plan
Minister At discretion, extend 60 day time period by 30 days. By end of 60 day period
Minister Forward decision, in writing, regarding the recommended management plan to the VGFN. As soon as practicable after decision is made
Yukon Manage Fishing Branch Ecological Reserve in accordance with the Parks Act, R.S.Y. 1985, c. 126 and the approved management plan. Upon approval of the management plan for Fishing Branch Ecological Reserve
VGFN Manage Parcels R-5A and S- 3A1 in a manner consistent with principles in Chapter 10, Schedule B, 4.2.  

Planning Assumption

  1. The workplan discussions in the initial meeting will identify timelines, budgetary and other resources required and each party's participation in the process of developing the plan.

PROJECT:
Review of management plan for the Fishing Branch Ecological Reserve

RESPONSIBLE PARTY:
Yukon, VGFN

PARTICIPANT/LIAISON:

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

REFERENCED CLAUSES:
Chapter 10 Schedule B 6.1

Responsibility Activities Timing
VGFN and Yukon Meet to establish the terms of reference for a joint review of the management plan, and identify resources required to undertake the review. In the 4th year following the approval of the management plan as needed so that resource requirements can be addressed in the parties' budgets for the 5th year
VGFN and Yukon Complete review as agreed. No later than 5 years after initial approval of the management plan

Planning Assumptions

  1. Discussions in the meeting will identify timelines, budgetary and other resources required and each party's participation in carrying out the review.
  2. This cycle of activities will repeat for all subsequent reviews, adjusting timing as required.

PROJECT:
Establishment of a habitat protection area in the area surrounding the Fishing Branch Ecological Reserve

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
VGFN, Canada

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

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

to protect the Fishing Branch River;

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

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

REFERENCED CLAUSES:
Chapter 10 Schedule B 8.1, 8.3; Cross reference 8.2

Responsibility Activities Timing
Canada, Yukon Notify VGFN of proposal to establish a habitat protection area pursuant to the Wildlife Act, R.S.Y. 1986, c.178, in the area surrounding the Fishing Branch Ecological Reserve which is in accordance with Chapter 10 - Special Management Areas. If Government proposes to establish a habitat protection area in the area surrounding the Fishing Branch Ecological Reserve.
VGFN Grant or deny consent based on determination as to whether the proposed habitat protection area surrounding the Fishing Branch Ecological Reserve is in accordance with Chapter 10 - Special Management Area. Within a reasonable period of time.
Yukon Manage the habitat protection area in accordance with Chapter 10, Schedule B 8.3. If habitat protection area is established pursuant to 8.1

PROJECT:
Establishment of the Old Crow Flats Area

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Yukon, VGFN

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

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

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

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

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

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

REFERENCED CLAUSES:
Chapter 10, Schedule C 1.1, 1.2, 1.3, 1.4, 4.1

Responsibility Activities Timing
Canada Terminate any oil and gas rights or interests existing in the Old Crow Flats Area. Upon the Effective Date or as soon as practicable thereafter
Canada Request consent of VGFN. If Government wishes to remove Non-Settlement Land within the Old Crow Flats Area
VGFN Deny or grant consent to proposal to remove Non- Settlement Land within the Old Crow Flats Area from the application of Schedule C, Chapter 10. As soon as practicable after request received
VGFN Request consent of Canada. If VGFN wishes to remove any Settlement Land within the Area
Canada Deny or grant consent to proposal to remove Settlement Land within the Old Crow Flats Area from the application of Schedule C, Chapter 10. As soon as practicable after request received

Planning Assumptions

  1. Canada will consult with Yukon when considering the removal of Settlement Land from within the Old Crow Flats Area.
  2. All oil and gas rights and interests existing in the Old Crow Flats Area shall be terminated as of the Effective Date.

PROJECT:
Preparation of a management plan for the Old Crow Flats Area

RESPONSIBLE PARTY:
Canada, VGFN

PARTICIPANT/LIAISON:
Yukon

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

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

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

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

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

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

REFERENCED CLAUSES:
Chapter 10 Schedule C 5.1, 5.3, 5.4, 7.1, 7.2; Cross reference Chapter 10 Schedule C 3.0, 5.2, 5.5, 7.3

Responsibility Activities Timing
Yukon, VGFN, Canada (CWS) Hold initial meeting to prepare a workplan for development of a management plan for the part of Old Crow Flats which is outside Vuntut National Park in accordance with Chapter 10, Schedule C, 5.2 and 5.5, also considering 7.3. Within first year after Effective Date so that resource requirements can be addressed in the parties' budgets for the second year
Yukon, VGFN, Canada In accordance with the workplan, develop and recommend management plan to VGFN and Government for approval. Best efforts within five years of the Effective Date, consistent with the work plan
Yukon, VGFN, Government Approve management plan. Best efforts within five years of the Effective Date
Yukon, VGFN, Canada Each manage their land in the Old Crow Flats Area outside the Vuntut National Park in accordance with the management plan. After the approval of the management plan

Planning Assumptions

  1. The workplan discussions in the initial meeting will identify timelines, budgetary and other resources required and each party's participation in the process of developing the plan.
  2. Yukon's participation in the development of the management plan will be with respect to matters over which it has jurisdiction.

PROJECT:
Issuance of rights and interests in Mines or Minerals in the Old Crow Flats Area which is outside Vuntut National Park

RESPONSIBLE PARTY:
Canada, VGFN

PARTICIPANT/LIAISON:

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

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

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

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

the issuance is consistent with the management principles in 3.0.

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

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

the issuance is consistent with the management principles in 3.0.

REFERENCED CLAUSES:
Chapter 10 Schedule C 6.1, 6.2, 6.3, 6.4

Responsibility Activities Timing
VGFN Notify Canada of proposal to issue rights and interests in the Mines and Minerals in Settlement Land in the Old Crow Flats Area pursuant to 6.3.1 and 6.3.2, Chapter 10, Schedule C. If VGFN proposes to issue such interests prior to the approval of the management plan and if the time period in 6.1, Chapter 10, Schedule C has not expired
Canada, VGFN Attempt to reach agreement on the issuance of right or interest. At request of VGFNc
VGFN Issue rights or interest provided issuance is consistent with management principles in 3.0. If agreement reached
Canada Notify VGFN of proposal to issue rights and interests in the Mines and Minerals in Non-Settlement Land in that part of the Old Crow Flats Area that is outside Vuntut National Park pursuant to 6.4.1 and 6.4.2, Chapter 10, Schedule C. If Canada proposes to issue such interests prior to the approval of the management plan and if the time period in 6.1, Chapter 10, Schedule C has not expired
Canada, VGFN Attempt to reach agreement on the issuance of right or interest. At request of Canada
Canada Issue rights or interest provided issuance is consistent with management principles in 3.0. If agreement reached
Canada or VGFN At the discretion of either party, issue any rights or interests in the Mines and Minerals in that part of the Old Crow Flats Area which is outside Vuntut National Park, provided this issuance is consistent with the approved management plan. Anytime after the approval of the management plan

PROJECT:
Review of the Approved Management Plan for the Old Crow Flats Area

RESPONSIBLE PARTY:
VGFN, Canada

PARTICIPANT/LIAISON:
Yukon

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

REFERENCED CLAUSES:
Chapter 10, Schedule C 7.3

Responsibility Activities Timing
Canada (CWS), VGFN, Yukon Meet to establish the terms of reference for a joint review of the management plan, and identify resources required to undertake the review. In the fourth year following the approval of the management plan as needed so that resource requirements can be addressed in the Parties' budgets for the fifth year
Canada (CWS), VGFN, Yukon Complete review as agreed. No later than 5 years after initial approval of the management plan

Planning Assumptions

  1. This cycle of activities will repeat for all subsequent reviews, adjusting timing as required.
  2. Discussions in the meeting will identify timelines, budgetary and other resources required and each Party's participation in carrying out the review.
  3. Yukon's participation in the review of the management plan will be with respect to matters over which it has jurisdiction.

PROJECT:
Nominees to a Regional Land Use Planning Commission for region including any part of the Vuntut Gwitchin First Nation Traditional Territory

RESPONSIBLE PARTY:
Government, Vuntut Gwitchin First Nation, other affected Yukon First Nations

PARTICIPANT/LIAISON:
Transboundary claimant groups

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

Specific Provision

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

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

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

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

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

REFERENCED CLAUSES:
11.4.2

Responsibility Activities Timing
Government Nominate Government representatives (1/3 of total nominees). Upon decision to establish a RLUPC
VGFN, other YFNs Agree on individuals to represent Yukon First Nations (1/3 of total nominees), including representatives of transboundary claimant groups as stipulated in 11.4.2.5. Upon decision to establish a RLUPC
VGFN, other YFNs Refer disagreement to dispute resolution under 26.3.0. If no agreement on nominees
Government, VGFN and other YFNs Agree on who will nominate the remaining representatives (1/3 of total nominees). Upon decision to establish a RLUPC
Government, VGFN or other YFNs Refer disagreement to dispute resolution under 26.3.0. If no agreement on who should nominate remaining 1/3 of nominees

PROJECT:
Approval of regional land use plans by Government (Non- Settlement Land)

RESPONSIBLE PARTY:
Minister

PARTICIPANT/LIAISON:
Regional Land Use Planning Commission, VGFN, other YFNs, affected Yukon communities, other federal departments

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

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

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

  • the Regional Land Use Planning Commission shall reconsider the plan and make a final recommendation for a regional land use plan to Government, with written reason; and
  • Government shall then approve, reject or modify that part of the plan recommended under 11.6.3.1 applying on Non- Settlement Land, after Consultation with any affected Yukon First Nation and any affected Yukon community.

REFERENCED CLAUSES:
11.6.1, 11.6.2, 11.6.3

Responsibility Activities Timing
Minister Notify VGFN, other affected YFNs and Yukon communities that Non- Settlement Land aspects of recommended regional land use plan are being considered by Government. Upon receipt of regional land use plan
Minister Provide information about the recommended plan as it applies to Non-Settlement land and seek agreement on time for response. At time of notification
VGFN, other affected YFNs and communities Review information and prepare and present views. Within reasonable timeframe as agreed by the parties to meet the requirements of the approval process
Minister Provide full and fair consideration of views. Before responding to the RLUPC
Minister Prepare and forward to the Regional Land Use Planning Commission, the Government response to aspects of the plan dealing with Non- Settlement Land, including written reasons for any modifications proposed and/or written reasons for rejecting plan. After consultation with affected YFNs and communities
Regional Land Use Planning Commission If the plan is not supported in its entirety, reconsider plan in light of government response and make final recommendation for plan to government, including written reasons. Upon receipt of Government response to plan
Minister Repeat consultation with VGFN, affected Yukon First Nations and communities for those items that may have been modified by the RLUPC in its final recommendation and any outstanding issues remaining between the RLUPC and the Minister. Prior to final decision by Government
Minister Prepare and forward to the Regional Land Use Planning Commission the final Government acceptance, rejection or modification of aspects of the plan dealing with Non-Settlement Land. After Consultation with affected YFNs and communities

Planning Assumption

  1. To the extent practicable, Government and VGFN will undertake the necessary consultation with respect to Non-Settlement and Settlement Land aspects of the plan in a coordinated fashion.

PROJECT:
Approval of regional land use plans by VGFN (Settlement Land)

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:
Regional Land Use Planning Commission, Canada, Yukon

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

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

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

  • the Regional Land Use Planning Commission shall reconsider the plan and make a final recommendation for a regional land use plan to that affected First Nation, with written reason; and
  • the affected Yukon First Nation shall then approve, reject or modify that part of the plan recommended under 11.6.5.1 after Consultation with Government.

REFERENCED CLAUSES:
11.6.1, 11.6.4, 11.6.5

Responsibility Activities Timing
VGFN Notify Canada (DIAND) and Yukon that Settlement Land aspects of the recommended regional land use plan are being considered by the First Nation. Upon receipt of regional land use plan
VGFN Provide information about recommended plan as it applies to Settlement Land and indicate timeframe in which Government is to prepare its views. At time of notification
Government Review information and prepare and present views. Within reasonable timeframe indicated by VGFN
VGFN Provide full and fair consideration of views. Before responding to the RLUPC
VGFN Prepare and forward to the Regional Land Use Planning Commission, the VGFN response to aspects of the plan dealing with Settlement Land, including written reasons for any modifications proposed and/or written reasons for rejecting plan. After Consultation with Government
Regional Land Use Planning Commission If the plan is not supported in its entirety, reconsider plan in light of VGFN response and make final recommendation for plan to VGFN, including written reasons. Upon receipt of VGFN response to plan
VGFN, Government Repeat first four activities for those items that may have been modified by the RLUPC in its final recommendation. Prior to final decision by VGFN
VGFN Prepare and forward to the Regional Land Use Planning Commission the final VGFN acceptance, rejection or modification of aspects of the plan dealing with Settlement Land. After Consultation with Government

Planning Assumption

  1. To the extent practicable, Government and VGFN will undertake the necessary Consultation with respect to Non-Settlement and Settlement Land aspects of the plan in a coordinated fashion.

PROJECT:
Joint development of sub-regional or district land use plans

RESPONSIBLE PARTY:
Government and VGFN

PARTICIPANT/LIAISON:

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

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

REFERENCED CLAUSES:
11.8.4, 11.9.4; Cross reference 11.8.1, 11.8.2

Responsibility Activities Timing
Government or VGFN Propose to the other party that a sub-regional or district land use plan be jointly prepared. As appropriate
Government or VGFN Review the proposal and notify other party of whether it is willing to undertake joint planning. Upon receipt of proposal
Government and VGFN If both parties agree to undertake planning, discuss arrangements for the preparation of the plan, including need to designate a planning body if appropriate. As appropriate
Designated planning body If a planning body is found to be necessary, prepare budget for the development of the plan and submit budget to Government for review. As soon as practicable
Government Review budget. As soon as practicable upon receipt of budget submission
Designated planning body Develop plan in accordance with Chapter 11 and in a manner consistent with any approved regional land use plan which exists for the area. As required

Planning Assumption

  1. The joint preparation of sub-regional and /or district land use plans will occur in a manner consistent with Government and VGFN policies which may be in place from time to time.

PROJECT:
All-weather road to Old Crow

RESPONSIBLE PARTY:
Yukon, VGFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
All-weather Road Connecting with the Community of Old Crow.

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

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

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

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

REFERENCED CLAUSES:
11.10.1, 11.10.2, 11.10.3, 11.10.4; Cross reference 11.8.4, 11.9.4; Appendix A - Description of Settlement Land: R-1A, R-10A, R-11A

Responsibility Activities Timing
If Government proposes to construct an all-weather road and there is no approved regional land use plan, which includes recommendations on the need for the planning of and the siting of that road:
Yukon Notify VGFN in writing of the intention to develop a sub-regional or district land use plan and request VGFN participation. At any time
Yukon, VGFN Attempt to agree to jointly develop the land use plan. Within a reasonable period of time
Yukon, VGFN Negotiate agreement re: establishment of planning body and the terms of reference for the land use plan. Within a reasonable period of time
Yukon or VGFN If no agreement, at discretion, refer to the Dispute Resolution Process. As soon as practicable
Yukon If no agreement and no referral to the Dispute Resolution Process, at discretion, proceed with preparation of the land use plan. Following 1 year after the request to VGFN to participate referred to in 11.10.2

PROJECT:
The ownership and management of Heritage Resources on Settlement Land

RESPONSIBLE PARTY:
VGFN

PARTICIPANT LIAISON:

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

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

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

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

REFERENCED CLAUSES:
13.3.1, 13.4.4, 13.4.7, 13.10.8 (See also Chapter 6); Cross reference 13.4.8

Responsibility Activities Timing
VGFN

Develop and establish policies and procedures via mechanisms such as community-based research, to:

  • manage Moveable Heritage Resources, Non-Moveable Heritage Resources, Documentary Heritage Resources other than public records found on its Settlement Land and on those Beds of waterbodies owned by VGFN, other than those that are the private property of any Person;
  • to determine ownership of those records which may be considered private property.

Establish a system to register ownership or custody of Heritage Resources, as required for transfer.

At discretion of VGFN, after the Effective Date
VGFN Manage resources.  

Planning Assumptions

  1. Canada and Yukon will assist VGFN to access existing funding programs, including those programs designed to develop facilities to display and house Heritage Resources.
  2. Yukon is taking steps to access funding to provide proper and adequate facilities necessary to clean and restore Moveable Heritage Resources.

PROJECT:
The ownership and management of ethnographic Moveable Heritage Resources and Documentary Heritage Resources which are directly related to Yukon Indian People and are found in the VGFN Traditional Territory

RESPONSIBLE PARTY:
VGFN, Canada, Yukon

PARTICIPANT/LIAISON:
Yukon Heritage Resources Board

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

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

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

REFERENCED CLAUSES:
13.3.2, 13.3.2.1, 13.3.5; (See also 13.3.6 and 13.3.7); Cross reference 13.4.8, 13.5.3.6, 13.6.0, Chapter 10 Schedule A 8.1

Responsibility Activity Timing
VGFN

Develop and establish policies and procedures via mechanisms such as community-based research to:

  • manage all ethnographic Moveable Heritage Resources and Documentary Heritage Resources (non-public records) that are found in its respective Traditional Territory;
  • determine ownership of those records which may be considered private property; and
  • resolve disputes when more than one Yukon First Nation asserts ownership of a Heritage Resource.

Refer to the Yukon Heritage Resources Board to determine if the object is directly related to the culture and history of Yukon Indian People.

Attempt to resolve disputes as they occur.

At discretion of VGFN, after the Effective Date
VGFN At discretion, refer to the Yukon Heritage Resources Board. If the YFNs are unable to resolve the dispute among themselves
Canada or Yukon Hold in custody any Moveable Heritage Resources found on Non-Settlement Land in a Traditional Territory, that cannot be readily identified as an ethnographic object directly related to the culture and history of Yukon Indian People, until the nature of the object has been determined.  
Canada or Yukon Manage object, if object found not to be directly related to the culture and history of Yukon Indian People.  

Planning Assumptions

  1. Yukon and Canada will assist VGFN to access existing funding programs, including those programs designed to develop facilities to display and house Heritage Resources.
  2. Yukon is taking steps to access funding to provide proper and adequate facilities necessary to clean and restore Moveable Heritage Resources.

PROJECT:
Allocation of Government program resources for the development and management of Heritage Resources of Yukon Indian People

RESPONSIBLE PARTY:
Government, Yukon First Nations

PARTICIPANT/LIAISON:
Yukon Indian People, Yukon Heritage Resources Board

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

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

REFERENCED CLAUSES:
13.4.1, 13.4.2; Cross reference 3.5.3.5, 13.5.3.10, 13.1.0

Responsibility Activities Timing
Canada, Yukon, YFNs Jointly develop terms of reference for a strategic plan to address the objectives in 13.1.0 and the matters in 13.4.1 and 13.4.2 and such other matters related to Heritage Resources as the parties may agree. Within one year of Settlement Legislation
Canada, Yukon, YFNs Develop and approve the strategic plan. Within two years of Settlement Legislation or as may be agreed
Canada, Yukon, YFNs At discretion of the Yukon Heritage Resources Board (YHRB), meet with YHRB to provide briefing on content of plan as a basis for the YHRB to monitor implementation of the plan. As agreed by Parties and the YHRB
Canada, Yukon, YFNs Implement the plan. Upon completion
Canada, Yukon, YFNs Jointly monitor implementation of the plan, and review and amend the plan from time to time as may be agreed. Ongoing

Planning Assumptions

  1. At discretion of YHRB, parties may consult with YHRB at any time during development of the terms of reference and/or of the plan.
  2. The terms of reference may include:
    • an approach that recognizes the historical under-development of the Heritage Resources of Yukon Indian People;
    • criteria for evaluation of progress in achieving an equitable distribution of program resources by Government towards achieving the goals of 13.4.1 and 13.4.2;
    • development of long and short term goals, and priorities with respect to Heritage Resources development, management and equitable distribution of opportunities amongst Yukon First Nations and Traditional Territories;
    • role and participation of the parties in developing, monitoring, reviewing and amending the plan; and
    • such other matters as the parties may agree.
  3. Prior to completion of the plan, the parties agree to work cooperatively to initiate steps towards achieving the objectives in 13.4.1 and 13.4.2.

PROJECT:
The development of programs, staff and facilities to enable the repatriation of Moveable and Documentary Heritage Resources relating to Yukon Indian People

RESPONSIBLE PARTY:
Canada, Yukon, VGFN

PARTICIPANT/LIAISON:

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

REFERENCED CLAUSES:
13.4.3; Cross reference 13.10.2, 13.4.8

Responsibility Activity Timing
VGFN Develop and establish policies and procedures relating to repatriation, including policies to determine ownership of those Moveable and Documentary Heritage Resources which may be considered private property. On initiative of VGFN
Yukon or Canada Review and discuss the matter with the VGFN. At the request of the VGFN
  Determine if facilities are appropriate for repatriation, in that they are consistent with the maintenance of the integrity of national or territorial collections, and provide its view to the VGFN. As soon as possible after receipt of the request
  Provide technical and information assistance to the VGFN to assist it to develop programs, staff and facilities. As practicable

Planning Assumptions

  1. Yukon and Canada will assist VGFN to access existing funding programs, including those programs designed to develop facilities to display and house Heritage Resources.
  2. Training needs arising from this clause will be addressed by the Training Policy Committee.

PROJECT:
Consultation with VGFN on Legislation and policies on Heritage Resources in the Yukon

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
VGFN

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

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

REFERENCED CLAUSES:
13.4.5 and 13.10.3

Responsibility Activity Timing
Yukon or Canada Notify VGFN of subject matter of any proposed legislative or policy changes related to Heritage Resources in the Yukon. As necessary, following Effective Date
VGFN Prepare and present views to Government. Within reasonable period of time designated by Government
Yukon or Canada Provide full and fair consideration to any views presented by the VGFN.  

PROJECT:
The preparation of an inventory of Moveable Heritage Resources and Heritage Sites which relate to the VGFN

RESPONSIBLE PARTY:
Canada, Yukon, VGFN

PARTICIPANT/LIAISON:

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

REFERENCED CLAUSES:
13.4.8; Cross reference 2.7.1

Responsibility Activity Timing
Yukon or Canada Facilitate the preparation of an inventory of Moveable Heritage Resources and Heritage Sites, within existing budgets. As time and resources permit
VGFN, Yukon, Canada Indicate, in the case of Moveable Heritage Resources and Heritage Sites, the location and origin of the Resources and Sites, where possible.  

PROJECT:
Development of a manual to include the definition of "ethnographic" and other heritage resources

RESPONSIBLE PARTY:
Yukon First Nations, Yukon

PARTICIPANT/LIAISON:
Yukon Heritage Resources Board, Canada

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

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

REFERENCED CLAUSES:
13.5.3.6; Cross reference 13.3.2.1, 13.3.6, 13.3.7, 13.5.4

Responsibility Activities Timing
Yukon First Nations or Yukon Notify parties of desire to begin development of manual. At discretion
Yukon First Nations and Yukon Convene meeting to discuss. As arranged by parties
Yukon and Yukon First Nations Notify Yukon Heritage Resources Board that manual is being prepared and seek input. Upon readiness of parties to undertake development of manual
Yukon Heritage Resources Board Make recommendation to Yukon, Yukon First Nation and Canada (CPS) regarding the contents of manual. As soon as practicable after notice received
Yukon and Yukon First Nations Reach agreement on content of manual. As soon as practicable
Yukon and Yukon First Nations Provide Canada (CPS) with definitions to be used in manual, and ask for response. After agreement reached between Yukon and Yukon First Nations
Canada (CPS) Respond to Yukon and Yukon First Nations. Within a reasonable period of time
Yukon and Yukon First Nation Incorporate Canada (CPS) comments in manual, as agreed by Yukon First Nations and Yukon. Complete manual. As soon as practicable

Planning Assumptions

  1. When making recommendations respecting issues affecting lands administered by the Canadian Parks Service, the Yukon Heritage Resources Board will address recommendations to the Minister of the Environment.
  2. In developing a definition of ethnographic, palaeontological objects etc., it is expected that the Yukon, Yukon First Nations, and the Canadian Parks Service will agree on a single definition.

PROJECT:
The distribution of research or interpretive reports regarding Yukon Heritage Resources

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
VGFN

OBLIGATIONS ADDRESSED:
Research or interpretive reports produced by Government or its agents regarding Yukon Heritage Resources shall be made available to the affected Yukon First Nation.

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

REFERENCED CLAUSES:
13.7.1 and 13.7.2; Cross reference 2.7.1

Responsibility Activities Timing
Yukon and Canada Provide a list of existing reports and, as practicable, reports in preparation which affect the VGFN. At request of VGFN
  Make available to VGFN completed research or interpretive reports which it has produced or commissioned, which affect the VGFN. Upon request by VGFN.
VGFN Notify Government if it has any concerns regarding the report containing information of a sensitive nature. Before released to the public
Yukon or Canada Make a determination, based on concerns expressed by the VGFN and/or access to information and privacy legislation whether to release to public.  

Planning Assumption

  1. Government shall make best efforts to recognize and respect the sensitivity expressed by VGFN pertaining to publication of such reports, consistent with 13.1.1.1.

PROJECT:
The provision of written inventories of sites within the Vuntut Gwitchin First Nation Traditional Territory identified as Heritage Sites.

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
VGFN

OBLIGATIONS ADDRESSED:
If, as of the Effective Date of this Agreement, Government has a prepared written inventory of sites within the Vuntut Gwitchin First Nation Traditional Territory identified by Government as Heritage Sites, Government shall make a copy of the written inventory available to the Vuntut Gwitchin First Nation.

REFERENCED CLAUSES:
13.8.1.2 (a)

Responsibility Activities Timing
Canada and Yukon If a written inventory of sites within the VGFN Traditional Territory identified by Government as Heritage Sites has been prepared as of the Effective Date, provide a copy to the VGFN. As soon as practicable

PROJECT:
The interim protection of a Heritage Site directly related to the culture and heritage of Vuntut Gwitchin.

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
VGFN

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

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

REFERENCED CLAUSES:
13.8.1.2 (b) and 13.8.1.2 (c)

Responsibility Activities Timing
VGFN Request, from Government, protection within existing Legislation for a period of time of a Heritage site within VGFN Traditional Territory (Non-Settlement Land, Category B or Fee Simple Settlement Land) pending decision by the Minister whether to designate the Heritage Site as a Designated Heritage Site. Provide views regarding the terms and conditions of the temporary protection. When interim protection desired
Canada, Yukon Provide fair and full consideration to request for interim protection and VGFN views regarding terms and conditions of the temporary protection. As soon as practicable after request of VGFN
Canada, Yukon Make determination whether to provide interim protection, and on any terms and conditions of same.  

Planning Assumption

  1. The above activities should be completed as expeditiously as possible so that where interim protection is deemed to be required, it can be secured without unnecessary delays.

PROJECT:
The identification of proposed Designated Heritage Sites within the Vuntut Gwitchin First Nation Traditional Territory.

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
VGFN

OBLIGATIONS ADDRESSED:
Government shall advise the Vuntut Gwitchin First Nation when land within the Vuntut Gwitchin First Nation Traditional Territory is identified by Government as a proposed Designated Heritage Site.

REFERENCED CLAUSES:
13.8.1.2 (d)

Responsibility Activities Timing
Canada, Yukon Provide written notice to VGFN when land within the VGFN Traditional Territory is identified by Canada or Yukon as a proposed Designated Heritage Site. As soon as practicable after identification

PROJECT:
The proposal to enter into agreements with respect to the ownership and management of Designated Heritage Sites within Vuntut Gwitchin First Nation Traditional Territory.

RESPONSIBLE PARTY:
Canada, Yukon, VGFN

PARTICIPANT/LIAISON:

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

REFERENCED CLAUSES:
13.8.1.3

Responsibility Activities Timing
Canada, Yukon, VGFN Propose to enter into an agreement with respect to the ownership and management of Designated Heritage Sites. At the request of either party
Canada, Yukon, VGFN Review and respond to the proposals. As soon as practicable after receipt of the proposal
Canada, Yukon, VGFN At the discretion of the parties, address specific requirements for the negotiation process. As soon as practicable, if negotiations are to be pursued
Canada, Yukon, VGFN Negotiate matter and accept or refuse proposal.  

PROJECT:
The provision for the use of the Gwitchin language in interpretive displays and signage.

RESPONSIBLE PARTY:
Canada, Yukon, VGFN

PARTICIPANT/LIAISON:

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

REFERENCED CLAUSES:
13.8.1.4

Responsibility Activities Timing
Canada, Yukon, VGFN At discretion, include provisions in the management plan for the use of the Gwitchin language in interpretive displays and signage. When developing or amending a management plan

PROJECT:
The management of research activities at sites which may contain Moveable Heritage Resources

RESPONSIBLE PARTY:
Yukon, Canada, VGFN

PARTICIPANT/LIAISON:

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

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

REFERENCED CLAUSES:
13.8.3 and 13.8.2; Cross reference 13.3.1, 5.5.1

Responsibility Activities Timing
Yukon, Canada, VGFN Establish joint guidelines and conditions for a permit system within VGFN Traditional Territory to control research activities at any site which may contain Moveable Heritage Resources. After Effective Date
VGFN Establish guidelines and conditions for a permit system to control research activities at any site which may contain Moveable Heritage Resources on Settlement Land, to the extent that the VGFN wishes to vary guidelines set by three Parties. After Effective Date
VGFN, Government Institute permit system.  
VGFN Monitor and enforce the guidelines and conditions applicable to Settlement Land via 5.5.1. As required

PROJECT:
The issue of permits for research at Heritage Sites directly related to the culture and heritage of Vuntut Gwitchin.

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
VGFN

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

REFERENCED CLAUSES:
13.8.3.1; Cross reference 13.8.3

Responsibility Activities Timing
Canada, Yukon Notify the VGFN of a request for a research permit. Provide details. Before issuing a permit for research at a Heritage Site
VGFN Prepare and present views regarding the request for a permit. Within a reasonable period of time
Canada, Yukon

Provide full and fair consideration of views presented.

Notify VGFN of decision.

 

PROJECT:
The control of access to Designated Heritage Sites

RESPONSIBLE PARTY:
Canada, Yukon, VGFN

PARTICIPANT/LIAISON:
Yukon Heritage Resources Board

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

Government and the affected Yukon First Nation, when controlling access to Designated Heritage Sites, shall consider: the interests of permitted researchers; the interest of the general public; and the requirements of special events and traditional activities.

REFERENCED CLAUSES:
13.8.4, 13.8.5; Cross reference 10.5.1, 10.5.2, 13.8.1, 13.8.2

Responsibility Activities Timing
Yukon, Canada, VGFN Establish procedures to control access to these Sites in accordance with the terms of site management plans. As soon as practicable after Effective Date and after completion of management plans
Designated management authority Control access in accordance with plans. After plans developed

Planning Assumption

  1. Monitoring and enforcement of access provisions will be the responsibility of the management authority as designated in the management plans.

PROJECT:
The protection of Heritage Resources accidentally discovered on VGFN Settlement Land.

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:
Surface Rights Board

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

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

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

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

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

REFERENCED CLAUSES:
13.8.7.1, 13.8.7.2 and 13.8.7.3

Responsibility Activities Timing
VGFN Develop procedures with respect to the reporting of accidental discovery of a Heritage Resource and the safeguarding of the Heritage Resource. After Effective Date
VGFN Receive report of accidental discovery of a Heritage Resource. Ensure disturbance of site has ceased. As soon as practicable after discovery
VGFN Grant or deny consent to further disturb a Heritage Site or Moveable Heritage Resource. If request made
VGFN Respond to Surface Rights Board application. If Person with a right of access applies to Surface Rights Board

PROJECT:
The protection of Documentary Heritage Resources accidentally discovered (on Settlement Land) and reported to the Vuntut Gwitchin First Nation.

RESPONSIBLE PARTY:
Yukon, VGFN

PARTICIPANT/LIAISON:

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

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

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

REFERENCED CLAUSES:
13.8.7.4, 13.8.7.5 and 13.8.7.6; Cross reference 13.8.7.1 and 26.3.1

Responsibility Activities Timing
VGFN Report to Yukon the discovery of any Documentary Heritage Resource reported to the VGFN under 13.8.7.1. As soon as practicable after report under 13.8.7.1
Yukon, VGFN Attempt to agree whether the Documentary Heritage Resource is a Public Record or a Non-Public Record.  
  Refer the matter to mediation under 26.3.1, if failure to reach an agreement. At discretion of either Party
VGFN Make reasonable efforts to determine if it is privately owned. After a Documentary Heritage Resource is classified as a Non-Public Record

PROJECT:
The establishment of procedures to manage VGFN Burial Sites on Settlement Land

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:

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

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

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

REFERENCED CLAUSES:
13.9.1, 13.9.1.1, and 13.9.1.3; Cross reference 13.9.2

Responsibility Activity Timing
VGFN

Develop and establish policies and procedures to:

  • manage and protect VGFN Burial Sites;
  • restrict access;
  • report discovery of Burial Site; and
  • prevent disturbance.

Manage Burial Sites in accordance with established procedures.

After Effective Date

PROJECT:
The establishment of procedures to manage VGFN Burial Sites on Non-Settlement Land

RESPONSIBLE PARTY:
Government, VGFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Government and Yukon First Nations shall each establish procedures to manage and protect Yukon First Nation Burial Sites which shall: restrict access to Yukon First Nation Burial Sites to preserve the dignity of the Sites;

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

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

REFERENCED CLAUSES:
13.9.1, 13.9.1.1, 13.9.1.2 and 13.9.1.3

Responsibility Activity Timing
Government, VGFN

Develop and establish procedures to:

  • manage and protect VGFN Burial Sites on Non- Settlement Land;
  • restrict access;
  • inform VGFN when a Burial Site is discovered; and
  • prevent further disturbance.
After Effective Date
Government, VGFN Jointly approve management plans, if developed. After the development of a management plan

Planning Assumption

  1. During the development of procedures, the parties will exchange information on any known burial sites within the VGFN Traditional Territory.

PROJECT:
The determination of terms and conditions upon which a VGFN Burial Site may be further disturbed following its discovery

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:

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

In the absence of agreement under 13.9.2 the Person may refer the dispute to arbitration under 26.7.0 for a determination of the terms and conditions upon which the site may be further disturbed.

REFERENCED CLAUSES:
13.9.2, 13.9.3; Cross reference 13.9.1

Responsibility Activity Timing
VGFN Review application for consent to pursue authorized activity and establish any necessary terms or conditions, or withhold consent. Upon receipt of notice
VGFN If no agreement with respect to terms and conditions, respond to referral to arbitration under 26.7.0. If referenced to arbitration

PROJECT:
Development of policies and procedures re: the exhumation, examination and reburial of human remains

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Any exhumation, examination, and reburial of human remains from a burial site of a Yukon First Nation ordered by an arbitrator under 13.9.3 shall be done by, or under the supervision of, that Yukon First Nation.

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

REFERENCED CLAUSES:
13.9.4 and 13.9.5; Cross reference 13.9.1, 13.9.3

Responsibility Activity Timing
VGFN Develop and establish policies and procedures with respect to further disturbance of a burial site and the exhumation, examination, and reburial of human remains. At discretion of VGFN after Effective Date
VGFN Supervise any exhumation, examination and reburial of human remains. If an order made by arbitrator

PROJECT:
The provision of Documentary Heritage Resources in Government custody for copying by the VGFN

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
VGFN

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

REFERENCED CLAUSES:
13.10.2; Cross reference 13.4.8, 2.7.1

Responsibility Activity Timing
Government Make available to the VGFN any existing list of Documentary Heritage Resources in Government custody relating to the VGFN. At request of VGFN
  Make available for copying any of the Documentary Heritage Resources. At request of VGFN

PROJECT:
The management of Documentary Heritage Resources relating to Yukon Indian People

RESPONSIBLE PARTY:
Yukon, Canada

PARTICIPANT/LIAISON:
Yukon First Nations, Yukon Indian Elders

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

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

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

REFERENCED CLAUSES:
13.10.4, 13.10.5 and 13.10.7; Cross reference 13.3.1, 13.3.2, 13.10.3, 13.4.3

Responsibility Activity Timing
Yukon, Canada Notify YFNs of Documentary Heritage Resources relating to Yukon Indian People held by Government and anticipated management plans for those collections. Provide details. As practicable
  Notify YFNs of proposed displays and inventories of Documentary Heritage Resources in the Yukon pertaining to its Yukon Indian People. Provide details. Prior to planning such displays and inventories
YFNs

Prepare and present views to Government regarding the management of Documentary Heritage Resources pertaining to its Yukon Indian People.

Prepare and present views to Government regarding proposed displays and inventories of Documentary Heritage Resources pertaining to its Yukon Indian People.

Within a reasonable period of time
Yukon, Canada

Provide full and fair consideration to views presented by the YFNs re: management of Documentary Heritage Resources related to its Yukon Indian People.

Provide full and fair consideration to views presented by YFNs re: proposed displays and inventories of Documentary Heritage Resources pertaining to its Yukon Indian People.

 
Yukon, Canada, Yukon Indian Elders, YFNs Work co-operatively on the interpretation of Documentary Heritage Resources relating to its Yukon Indian People. As required
Yukon, Canada, YFNs

Work co-operatively in the preparation of displays and inventories of Documentary Heritage Resources.

Work co-operatively on the management of Documentary Heritage Resources in the Yukon relating to its Yukon Indian People.

As required

Planning Assumptions

  1. Original copies of Documentary Heritage Resources relating to Yukon Indian People will be preserved according to recognized archival standards consistent with the maintenance of the integrity of national or territorial collections and agreements with donors; duplicate copies may be produced in accordance with policies and procedures for copying documentary heritage collections (reference 13.10.2) for deposit in Yukon First Nation collections when originals remain in government custody.
  2. Copies of inventories of Documentary Heritage Resources relating to Yukon Indian People will be made available to Yukon First Nations as requested.
  3. Translations of Documentary Heritage Resources may be required if Elders are to be involved in their interpretation.

PROJECT:
Consultation with VGFN by the Yukon Geographical Place Names Board

RESPONSIBLE PARTY:
Yukon Geographical Place Names Board

PARTICIPANT/LIAISON:
VGFN, Canada

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

REFERENCED CLAUSES:
13.11.2; Cross reference 13.11.1, 13.11.4

Responsibility Activity Timing
Yukon Geographical Place Names Board Notify VGFN when considering the naming of a place or feature within VGFN Traditional Territory. As required
VGFN Prepare and present its views to Yukon Geographical Place Names Board. Within a reasonable period of time
Yukon Geographical Place Names Board Provide full and fair consideration to views presented.  

PROJECT:
Naming of geographical features on Settlement Land and the inclusion of traditional aboriginal place names on revised maps of the NTS series

RESPONSIBLE PARTY:
VGFN, Canada

PARTICIPANT/LIAISON:
Yukon Geographical Place Names Board

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

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

REFERENCED CLAUSES:
13.11.3, 13.11.4; Cross reference 13.11.1

Responsibility Activities Timing
VGFN Develop and establish policies and conduct communitybased research re: the naming or renaming of geographic features on its Settlement Land. As needed
VGFN Provide name to Yukon Geographical Place Names Board. As appropriate
YGPNB Communicate acceptance and approval of place name to Canada. As soon as practicable
VGFN, Canada Investigate and use best efforts to conclude arrangements to include names on revised NTS maps. As appropriate

Planning Assumption

  1. It is expected that the mapping division of the Council for Yukon Indians and any Yukon First Nation-controlled mapping company will investigate contract arrangements for map production with EMR.

PROJECT:
The invitation for public tenders for contracts and the offer of fixed term contracts associated with the management of a Designated Heritage Site within the Vuntut Gwitchin First Nation Traditional Territory.

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
VGFN

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

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

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

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

REFERENCED CLAUSES:
13.12.1.1, 13.12.1.3, 13.12.1.4 and 13.12.1.5; Cross reference 13.12.1.7

Responsibility Activities Timing
Canada, Yukon

Notify VGFN of any fixed term contract being offered by Government.

Provide VGFN with first opportunity to accept the fixed term contract.

From time to time
VGFN Provide response to Government whether to accept fixed term contract. Within accepted limits under contract regulations
Canada, Yukon Provide VGFN with written notice of an invitation for public tenders associated with the management of a Heritage Site which is directly related to the history or culture of Yukon Indian People within the VGFN Traditional Territory. From time to time after the Effective Date when invitation for public tender is issued

Planning Assumption

  1. The activities above will be carried out in a manner consistent with 22.5.

PROJECT:
The hiring of extra personnel to carry out work at the Lapierre House or Rampart House Designated Heritage Sites.

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
VGFN

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

REFERENCED CLAUSES:
13.12.1.2

Responsibility Activities Timing
Yukon Notify VGFN of need for extra personnel. As required
VGFN At discretion, provide names of qualified and available Vuntut Gwitchin candidates. Within a reasonable period of time
Yukon Make selection of qualified candidates.  

PROJECT:
The development of contract opportunities associated with the management of a Heritage Site directly related to the history and culture of Yukon Indian People in the Vuntut Gwitchin Traditional Territory.

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
VGFN

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

(a) a criterion for Vuntut Gwitchin employment; and

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

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

REFERENCED CLAUSES:
13.12.1.6 and 13.12.1.7; Cross reference 13.12.1.1, 13.12.1.2

Responsibility Activities Timing
Canada, Yukon Include a criterion for VGFN employment and a criterion for special VGFN knowledge and experience related to the Heritage Site in any contract which it intends to develop that is associated with the management of a Heritage Site directly related to the history and culture of the Yukon Indian People within the VGFN Traditional Territory. From time to time after Effective Date

Planning Assumption

  1. Yukon will seek input from VGFN in developing criteria for Vuntut Gwitchin employment or for special Vuntut Gwitchin experience or knowledge.

PROJECT:
The establishment of the Lapierre House and Rampart House historic sites as Designated Heritage Sites.

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
VGFN

OBLIGATIONS ADDRESSED:
Canada shall transfer to the Yukon the administration and control of Lapierre House and Rampart House excepting that part of Rampart House situated within 60 feet of the Canada - United States of America (Alaska-Yukon) boundary and excepting any part of Lot One, Group 1301, Plan 3S102 CLSR 1221, LTO to which fee simple title has been raised.

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

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

REFERENCED CLAUSES:
Chapter 13 Schedule B 2.1, 2.2 and 2.3; Cross reference 13.8.1.1

Responsibility Activities Timing
Canada Transfer to Yukon the administration and control of Lapierre House and of Rampart House, excepting that part of Rampart House situated within 60 feet of the Canada - United States boundary and excepting any part of Lot One, Group 1301 Plan 3S102 CLSR 1221, LTO to which fee simple title has been raised. After Effective Date
Yukon Cause fee simple title to Lapierre House and that part of Rampart House under its administration to be raised in the names of the Commissioner of the Yukon the VGFN as tenants in common. As soon as practicable after the transfer is complete
  Establish Lapierre House and Rampart House as historic sites under the Historic Resources Act, S.Y. 1991, c.8. As soon as practicable after title is raised

PROJECT:
The removal of land forming part of Rampart House or Lapierre House from historic site status under the Historic Resources Act.

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
VGFN

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

REFERENCED CLAUSES:
Chapter 13 Schedule B 2.4; Cross reference 2.2

Responsibility Activities Timing
Yukon Identify lands. If Yukon wishes to remove a part of Rampart House or Lapierre House from historic site status
  Inform VGFN of its wish to remove such lands and seek its consent for the removal of such lands.  
VGFN Review request and grant or deny consent.  
Yukon Remove such lands. If consent granted

PROJECT:
The development of a management plan for Lapierre House and Rampart House.

RESPONSIBLE PARTY:
Yukon, VGFN

PARTICIPANT/LIAISON:
Yukon Heritage Resources Board

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

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

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

REFERENCED CLAUSES:
Chapter 13 Schedule B 3.1, 3.2, and 3.7; Cross reference Chapter 13 Schedule B 3.3, 3.4, 3.5, 3.6, 4.3, 5.1, 5.2

Responsibility Activities Timing
Yukon, VGFN Hold initial meeting to prepare a workplan for development of the management plan(s) pursuant to chapter 13, Schedule B, 3.3, 3.4 and 3.5, also considering 4.3. Within first year of the Effective Date so that resource requirements can be addressed in the parties' future budgets
Yukon, VGFN In accordance with the workplan, develop the management plans in accordance with the work plan. Best efforts to complete within 5 years of the Effective Date, consistent with the workplan
Yukon, VGFN Refer each proposed management plan to the Yukon Heritage Resources Board for its review and recommendations. Once proposed management plan is developed
Yukon Heritage Resources Board Review each management plan and make any recommendations to Yukon and the VGFN. Within a reasonable period of time after receipt of proposed management plan
Yukon, VGFN Finalize each plan and establish a management committee in accordance with Chapter 13, Schedule B, 3.1.  

Planning Assumptions

  1. The workplan discussions in the initial meeting will identify timelines, budgetary and other resources required and each party's participation in the process of developing the plan.
  2. When developing the management plan, the parties will address the role of the management committee in managing the sites.

PROJECT:
The completion and approval of the management plan for Lapierre House and Rampart House.

RESPONSIBLE PARTY:
Yukon, VGFN

PARTICIPANT/LIAISON:

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

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

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

REFERENCED CLAUSES:
Chapter 13 Schedule B 3.6, 4.1 and 4.2; Cross reference 26.3.0

Responsibility Activities Timing
Yukon and VGFN Complete each management plan. Best efforts within 5 years of the Effective Date, or as soon as practicable thereafter
Minister and VGFN Approve each management plan.  
Minister or VGFN At discretion, refer matter to the dispute resolution process under 26.3.0. If failure to agree on terms of management plan(s)

PROJECT:
The review of the management plans for Lapierre House and Rampart House.

RESPONSIBLE PARTY:
Yukon, VGFN

PARTICIPANT/LIAISON:

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

REFERENCED CLAUSES:
Chapter 13 Schedule B 4.3

Responsibility Activities Timing
VGFN, Yukon Meet to establish the terms of reference for a joint review of each management plan and identify resources required to undertake the review. No later than the ninth year following the approval of the management plan as needed so that resource requirements can be addressed in the parties' budgets for the tenth year
VGFN, Yukon Complete review as agreed. No later than 10 years after its initial approval

Planning Assumptions

  1. The cycle of activities, including timing, will repeat for all subsequent reviews.
  2. Discussions in the meeting will identify timelines, budgetary and other resources required and each other party's participation in carrying out the review.

PROJECT:
Amendments of the management plans for Lapierre House and Rampart House

RESPONSIBLE PARTY:
Yukon, VGFN

PARTICIPANT/LIAISON:

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

REFERENCED CLAUSES:
Chapter 13 Schedule B 4.4; Cross reference Chapter 13 Schedule B 4.3

Responsibility Activities Timing
Yukon, VGFN Refer any proposed amendment to the Yukon Heritage Resources Board for its review and recommendations.  
Yukon Heritage Resources Board Review proposed amendment(s) and make any recommendations to Yukon and VGFN. Within a reasonable period of time after receipt of proposed amendments to the management plans
VGFN, Yukon Consider recommendations of the Yukon Heritage Resources Board. Within a reasonable period of time after receipt of recommendations
VGFN, Yukon Amend the management plan. If agreed by parties

PROJECT:
The withdrawal of mines and minerals within Lapierre House and Rampart House from locating, prospecting and mining

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Government shall withdraw the mines and minerals within Rampart House and Lapierre House from locating, prospecting and mining under the Yukon Quartz Mining Act, R.S.C. 1985, c.Y-4 and the Yukon Placer Mining Act, R.S.C. 1985, c.Y-3, and from exploration and development under the Canada Petroleum Resources Act, R.S.C. 1985, c. C-36 (2nd Supp.).

REFERENCED CLAUSES:
Chapter 13 Schedule B 6.1

Responsibility Activities Timing
Canada Withdraw mines and mineral rights and petroleum rights to Lapierre House and to Rampart House. As soon as practicable after Effective Date

PROJECT:
Renewal or replacement of Water Licences

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:
Yukon Water Board

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

REFERENCED CLAUSES:
14.7.4; Cross reference 14.7.3

Responsibility Activities Timing
VGFN Receive written notice that an application has been made to renew or replace a licence with a term of five years or more for Water on or flowing through Settlement Land. As required
VGFN Review notice and prepare and present view to the Yukon Water Board on terms and conditions which should be attached to the replacement or renewal to protect the VGFN interests. Within timeframe provided by the Yukon Water Board or as stipulated in Legislation

PROJECT:
Access to Settlement Land -- With consent for exercise of a Water right

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:
Person seeking access and Surface Rights Board

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

REFERENCED CLAUSES:
14.7.5; Cross reference 14.7.1, 14.7.3, 14.12.0

Responsibility Activities Timing
VGFN Receive request for access to Settlement Land to exercise a right to use Water granted under 14.7.1 or 14.7.3. After the Effective Date
VGFN Determine whether or not access will be granted and set terms and conditions of access if appropriate. Upon request
VGFN Notify applicant of decision. Within a reasonable time
VGFN Prepare for and respond to application before the Surface Rights Board. Upon notice that a referral has been made subsequent to refusal of access

PROJECT:
Compensation payable in relation to Licences existing on the date that land became Settlement Land

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:
Holder of Water Licence, Yukon Water Board

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

REFERENCED CLAUSES:
14.7.8

Responsibility Activities Timing
VGFN Attempt to negotiate agreement with Licence holder. At discretion after three years from the Effective Date
VGFN Apply to Yukon Water Board for determination or compensation related to any Licence described in activity 14.7.3. At discretion if no agreement is reached

Planning Assumption

  1. This is a one-time activity in respect of each Licence described in activity 14.7.3. Any subsequent replacement or renewal of a Licence described will be consistent with the operation of this chapter.

PROJECT:
Shared drainage basin agreements

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
VGFN, Yukon, Government of the Northwest Territories, Government of British Columbia, Government of Alaska

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

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

REFERENCED CLAUSES:
14.10.1, 14.10.2

Responsibility Activities Timing
Government Identify jurisdictions which share drainage basins with Yukon. Within one year of the effective date of Settlement Legislation
Government Contact identified jurisdictions and attempt to initiate discussions on Water management agreements. As practicable
If agreement to negotiate is reached with other jurisdictions:
  Notify VGFN that Government is formulating positions on Water management in a specified shared drainage basin and provide relevant information.  
VGFN Review information and prepare and present views to Government. Within reasonable time provided by Government
Government Provide full and fair consideration to views presented and integrate views into Government position as practicable. Prior to finalizing Government position

Planning Assumptions

  1. Once negotiations have been established with another jurisdiction, affected Yukon First Nations will be kept apprised of progress towards interjurisdictional agreements and will be consulted periodically pursuant to this clause on the formulation of government positions.
  2. Affected Yukon First Nations will be consulted pursuant to this clause during discussions related to the amendment of any Water management agreement that is reached.
  3. It is acknowledged that current arrangements for the negotiation of Water management agreements between jurisdictions include the participation of affected Yukon First Nations in the briefing and preparation for negotiations and in the negotiation sessions.

PROJECT:
Preparation for Yukon Water Board compensation proceedings

RESPONSIBLE PARTY:
VGFN, Yukon Indian Person

PARTICIPANT/LIAISON:
Yukon Water Board

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

  • the effect of the Water Use on the Yukon First Nation's Use of Water on or adjacent to its Settlement Land;
  • the effect of the Water Use on the Yukon First Nation's Settlement Land, taking into account any cultural or special value of the land to the Yukon First Nation;
  • the nuisance, inconvenience and noise caused by the Water Use to the Yukon First Nation on Settlement Land;
  • the increment of the Water alteration caused by the Water Use;
  • the duration of any of the above; and
  • any other factors set out in the Northern Inland Waters Act, R.S.C. 1985, c.N-25.

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

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

  • the effect of the Water Use on the Yukon Indian Person's Use of Water on or adjacent to the affected Yukon First Nation's Settlement Land;
  • the effect of the Water Use on Fish and Wildlife Harvesting by the Yukon Indian Person enrolled under that Yukon First Nation Final Agreement;
  • the increment of the Water alteration caused by the Water Use;
  • the duration of any of the above; and
  • any other factors set out in the Northern Inland Waters Act, R.S.C. 1985, c.N-25.

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

  • subject to 14.12.6.2, the effect of the unlawful Use of Water on the Yukon Indian Person's Traditional Use of Water in that Yukon Indian Person's Traditional Territory;
  • the effect of the unlawful Use of Water on a Yukon Indian Person's Traditional Use in relation to traditional heritage, culture and spiritual purposes, but only on or adjacent to the Settlement Land of the Yukon First Nation under whose Yukon First Nation Final Agreement that Yukon Indian Person is enrolled;
  • the incremental effect of the unlawful Use of Water on the Yukon Indian Person's Traditional Use;
  • the cost to the Yukon Indian Person of mitigation of damage caused to Settlement Land and restoration of Settlement Land for the Traditional Use;
  • the duration of any of the above; and
  • any other factors set out in the Northern Inland Waters Act, R.S.C. 1985, c.N-25.

REFERENCED CLAUSES:
14.12.3, 14.12.4, 14.12.5, 14.12.6; Cross reference 14.2.1, 14.12.2, 14.12.7 - 14.12.10

Responsibility Activities Timing
VGFN, Yukon Indian Person Prepare for compensation hearings of the Yukon Water Board, including, as appropriate, the preparation of documentation and other information to be presented to the Yukon Water Board in support of the application for compensation and participate in those hearings. As appropriate

PROJECT:
Survey of Settlement Land boundaries

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Settlement Land Committee (SLC), Yukon, Yukon First Nations, Land Titles Office

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

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

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

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

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

REFERENCED CLAUSES:
15.2.1, 15.2.3, 15.2.4, 15.2.5; Cross reference 5.3.2, 5.3.3, 15.2.6, 15.2.7, 15.2.8, 15.2.10, 15.4.2.1, 15.4.3, 15.7.1, 22.3.4

Responsibility Activities Timing
Canada (EMR) Establish survey program based on information provided by SLCs to be adjusted annually as required. After receipt of information from SLCs, and from CYI and Yukon pursuant to 15.2.9 and as required thereafter until surveys are complete
Canada (EMR) Notify SLCs of survey program established. Once program has been set
Canada (EMR) Prepare survey instructions consistent with 15.4.2.1. As practicable
Canada (EMR) Tender survey contracts consistent with 15.7.1 and 22.3.4.  
Canada (EMR) Oversee completion of surveys in accordance with Manual of Instructions for the Survey of Canada Lands  
Canada (EMR) Notify SLC that boundary requires adjustment to reduce survey cost. As required
SLC Review proposal to adjust. As soon as practicable upon receipt of notice
Canada (EMR) Adjust boundary. If consent of the SLC is granted
Canada (EMR) Receive survey results from contractor, examine results, and forward results to SLC for review. Upon completion of survey

Planning Assumption

  1. The survey program initially established will be reviewed annually by Canada. If the review indicates a need to vary the program or to vary from the survey priorities determined by the Settlement Land Committees, Yukon and CYI will be consulted before a final decision to vary is taken. An Activity Plan for this consultation appears in the UFA Implementation Plan for 15.2.9.

PROJECT:
Priorities for the identification and selection of Site Specific Settlement Land

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Settlement Land Committee (SLC), Yukon, VGFN, Land Titles Office

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

  • the identification and selection of Site Specific Settlement Land out of Proposed Site Specific Settlement Land; and
  • determining the priorities for the survey of all Settlement Land; and
  • indication to the Surveyor General of portions of boundaries, if any, of those Special Management Areas which should be considered for definition by survey in order to better serve the mutual interests of the Yukon First Nation and the public.

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

  • the priorities of the Yukon First Nation;
  • efficiency and economy; and
  • the necessity to clarify boundaries because of imminent public or private development on adjacent lands.

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

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

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

REFERENCED CLAUSES:
15.3.4, 15.3.5, 15.3.8, 15.3.9, 15.4.5; Cross reference 26.3.0

Responsibility Activities Timing
Government, SLC or VGFN Refer dispute regarding identification of site specific settlement parcel (15.3.4.1) to dispute resolution. As required when no agreement is reached
Arbitrator Resolve dispute pursuant to 15.3.4.1 by selecting either final position proposed by Government or the final position proposed by VGFN. As required
Government, SLC or VGFN Refer dispute regarding priorities for survey of all Settlement Land (15.3.4.2) to dispute resolution. As required when no agreement is reached

Planning Assumption

  1. In the case of a disagreement, best efforts will be made to resolve issues prior to a referral to dispute resolution.

PROJECT:
Use and enjoyment of Settlement Land by Yukon Indian People prior to completion of surveys

RESPONSIBLE PARTY:
Settlement Land Committee (SLC)

PARTICIPANT/LIAISON:
Yukon Indian People, Canada, Yukon

OBLIGATIONS ADDRESSED:
During the period described in 15.3.6:

  • each Settlement Land Committee shall receive requests relating to the use and enjoyment of Proposed Site Specific Settlement Land by Yukon Indian People;
  • each Settlement Land Committee shall determine whether it is practicable to give effect to such requests and shall recommend to Canada or to the Yukon, as the case may be, that it take such steps as the Committee considers appropriate; and
  • Government undertakes to take such steps as it considers practicable to give effect to the recommendations of the Settlement Land Committee.

REFERENCED CLAUSES:
15.3.7; Cross reference 15.3.6

Responsibility Activities Timing
Government Receive and take steps considered practicable to give effect to a recommendation from the SLC respecting a request for use and enjoyment of Settlement Land. Upon receipt of recommendation
Government Inform the SLC and Yukon Indian Person or VGFN of any aspects of the recommendation that could not be given effect and indicate reasons. As soon as practica-ble, if Government is unable to give effect to all or a part of the recommendation

Planning Assumption

  1. It is expected that the SLC's primary considerations in assessing requests for use and enjoyment will be the provisions of paragraph 15.3.6 and any implications for survey requirements which may arise from the request.

PROJECT:
Approval of survey plans

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Settlement Land Committee, Yukon, VGFN, Land Titles Office

OBLIGATIONS ADDRESSED:
Prior to the confirmation of an official plan by the Surveyor General or the approval of an administrative or explanatory plan, written approval from the Yukon First Nation shall be obtained by the Settlement Land Committee to ensure that the Yukon First Nation is satisfied that the parcel as surveyed conforms either to the area originally selected or as modified by the Surveyor General pursuant to 15.2.4 and 15.6.1. The plan and a copy of the surveyor's report shall be reviewed by the Settlement Land Committee for conformance with the original land selection before recommending it to the Yukon First Nation.

If the Yukon First Nation rejects the recommendation by the Settlement Land Committee, the disagreement shall be referred to the dispute resolution process under 26.3.0, and the Surveyor General or his representative shall have standing as a party to the dispute. The resulting decision may direct that the costs of a resurvey be borne by one or more of the parties to the dispute.

REFERENCED CLAUSES:
15.6.6, 15.6.7; Cross reference 5.2.3, 5.2.4, 15.6.8

Responsibility Activities Timing
Canada (EMR) Review plans with SLC to verify conformity to selections. As soon as practicable upon completion of surveys
SLC Review plan and surveyor's report for conformity with original land selection. Prior to making recommendation to VGFN
SLC If the plan conforms in the view of the SLC, recommend plan to affected VGFN and seek written approval of plan from VGFN. As soon as practicable after Canada (EMR) review
VGFN Review plan to ensure that the parcels depicted conform to the area selected. As soon as practicable
VGFN

If the plan conforms, accept the recommendation of the SLC and provide written approval to the SLC.

OR

Reject the recommendation and refer the dispute to mediation under 26.3.0.

After reviewing the plan
Canada (EMR) Resurvey if required, in accordance with the Chapter. As soon as practicable
Canada (EMR) Return the plan to the Surveyor General for confirmation and registration in Canada Lands Survey Records. Upon acceptance of the plan or after any dispute is resolved
Canada (EMR) Deposit official plan in the Land Titles Office and in VGFN system. Upon confirmation

PROJECT:
Employment and economic opportunities -- Surveying

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Vuntut Gwitchin First Nation

OBLIGATIONS ADDRESSED:
In evaluating any competitive proposal, bid or tender for the survey of Vuntut Gwitchin First Nation Settlement Land, Canada shall include among the factors for consideration, Vuntut Gwitchin employment, Vuntut Gwitchin ownership or equity investment in the firm submitting the proposal, bid or tender, and in any subcontractor to that firm.

The determination of the qualifications and experience appropriate for the survey of Vuntut Gwitchin First Nation Settlement Land shall be set out in the economic development opportunities plan required by 22.3.1.

(a) Government and the Vuntut Gwitchin First Nation may agree on the determination of qualifications and experience appropriate for the survey pending the completion of the economic development plan required by 22.3.1.

Nothing in 15.7.1.1 shall be construed to mean that the criterion for Vuntut Gwitchin employment or ownership or equity investment shall be the determining criteria in awarding any contract.

REFERENCED CLAUSES:
15.7.1; Cross reference 22.3.1

Responsibility Activities Timing
Canada (EMR) In cooperation with the VGFN, develop selection factors which include the specified factors, to be used for evaluating competitive proposals, bids or tenders for survey of VGFN Settlement Land. As soon as practicable before beginning the survey of VGFN Settlement Land
Canada (EMR) Evaluate proposals, bids and tenders taking into consideration factors developed . As required
Canada (EMR) and VGFN Agree on qualifications and experience appropriate for survey. As practicable pending the completion of the economic development plan required by 22.3.1
Group preparing plan Set out the agreed upon qualifications and experience appropriate for survey in the economic development plan prepared pursuant to 22.3.1. Prior to completion of plan

PROJECT:
Administration of survey contracts

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
VGFN, Yukon Indian People

OBLIGATIONS ADDRESSED:
Where economic opportunities and benefits are associated with the survey of Settlement Land, Yukon First Nations shall have access to these opportunities and benefits. Any contract issued for the survey of Settlement Land shall contain the condition that Yukon Indian People and Yukon First Nation businesses with the necessary qualifications and experience shall be given first consideration in providing technical and support services associated with the contract. A list of Yukon First Nation businesses and Yukon Indian People interested in providing such services to potential contractors for such surveys of a Yukon First Nation's Settlement Land shall be included with all requests for proposals, and documentary proof the Yukon First Nation's businesses and Yukon Indian People were given first consideration shall form part of a contractor's proposal.

REFERENCED CLAUSES:
15.7.2; Cross reference 22.5.4, 22.5.6, 22.5.8, 22.5.9, Annex D

Responsibility Activities Timing
Canada (EMR) Prepare contracts for the survey of Settlement Land and include the condition that Yukon Indian People and VGFN businesses with the necessary qualifications and experience shall be given first consideration in providing technical and support services associated with the contract. As required
Canada (EMR) Include list of VGFN businesses and Yukon Indian People interested in providing such services to potential contractors for such surveys of VGFN Settlement Land with all requests for proposals, and require documentary proof that the VGFN businesses and Yukon Indian People were given first consideration. When issuing requests for proposals
Canada (EMR) In assessing survey proposals, confirm that the documentary proof forms part of the contractor's proposal. As required

PROJECT:
Consultation with VGFN prior to imposition of a limitation in Legislation

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
VGFN

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

REFERENCED CLAUSES:
16.3.3.2; Cross reference 16.3.9, 16.3.10, 16.5.4, 16.7.16

Responsibility Activities Timing
Canada, Yukon Provide notice to VGFN of possible need to impose a limitation pursuant to 16.3.3.1, if the limitation will affect VGFN. Provide details. If Minister is considering imposing a limitation
VGFN Prepare and present views on proposed limitation. Within reasonable period of time provided by Government
Canada, Yukon Provide full and fair consideration to views of VGFN. Before imposing a limitation

Planning Assumption

  1. Any proposed amendments that result in a limitation of the rights of Yukon Indian People under Chapter 16 will involve a level of Consultation that is commensurate with the importance of this issue to Yukon First Nations.

PROJECT:
Representation of the interests of VGFN and other affected Yukon First Nations in international negotiations

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
VGFN and other affected Yukon First Nations

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

REFERENCED CLAUSES:
16.3.5; Cross reference 16.5.4

Responsibility Activities Timing
Canada Notify VGFN and other affected Yukon First Nations of Fish and Wildlife issues which affect them. Provide background information on the subject and request input from Yukon First Nations with respect to their interests. Prior to the negotiations or as issues arise
VGFN and other affected Yukon First Nations Provide response for consideration by Canada. Within timeframe established by Canada
Canada Negotiate the issues, making reasonable efforts to represent the interests of VGFN and other affected Yukon First Nations. As required

Planning Assumption

  1. Canada may also liaise with a number of public fish and wildlife management structures, depending on the subject matter, including: Renewable Resources Councils, Fish and Wildlife Management Board, Salmon-Sub Committee, North Slope Wildlife Management Advisory Council, Porcupine Caribou Management Board and others.

PROJECT:
Amendments to Game Export Act

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Yukon, VGFN

OBLIGATIONS ADDRESSED:
Government shall make best efforts to amend the Game Export Act, R.S.C. l985, c. G-1 to enable the transport of Wildlife products fortraditional non-commercial purposes across borders with Alaska, British Columbia and the Northwest Territories.

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

REFERENCED CLAUSES:
16.3.7 and 16.3.8; Cross reference 16.7.16

Responsibility Activities Timing
Canada Forward copy of Wildlife Animal and Plant Protection and Regulation of International and Interprovincial Trade Act ("WAPPA") and regulations to Yukon First Nations and Yukon. When WAPPA is proclaimed
Yukon, VGFN Review WAPPA and regulations to determine if they comply with requirements of 16.3.7. After receipt of WAPPA
Canada Consult with VGFN and Yukon for the purpose of determining whether further amendments are required.  
Canada If WAPPA is not proclaimed, make best efforts to amend legislation pursuant to 16.3.7. As soon as practicable

Planning Assumption

  1. The Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, S.C.C. l992, c.52 was assented to by Parliament on December 17, l992 and is expected to be proclaimed in early l994. This Act repeals the Game Export Act R.S.C. 1985, c.G-1 and allows the Governor in Council to make regulations under section 21 with respect to circumstances in which persons may be exempted from holding permits and on a number of other issues. It is anticipated that upon proclamation, there will be regulations to comply with the requirements of 16.3.7.

PROJECT:
Coordinated Fish and Wildlife population management in and outside of National Parks

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Fish and Wildlife Management Board, Renewable Resources Council, VGFN, Yukon

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

REFERENCED CLAUSES:
16.3.14.1; Cross reference Chapter 10 Schedule A 4.23

Responsibility Activities Timing
Canada (CPS), Yukon, VGFN Meet to discuss appropriate protocol for coordination of the management of Fish and Wildlife populations which cross the boundary of a National Park. As soon as practicable after Settlement Legislation
Canada (CPS), Yukon, VGFN Draft protocol and provide to all affected agencies for review.  
All agencies As agreed, implement protocol.  

Planning Assumption

  1. Affected agencies will include the Fish and Wildlife Management Board, Renewable Resources Councils, National Park management board (if established) and other affected Yukon First Nations.

PROJECT:
Provision of proof

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:
Canada, Yukon

OBLIGATIONS ADDRESSED:
A Yukon First Nation shall provide to a Yukon Indian Person proof that the Yukon Indian Person is enrolled in that Yukon First Nation's Final Agreement, has been given consent under 16.4.2 or has been allocated a Harvesting opportunity pursuant to a Basic Needs Level allocation for Wildlife or a basic needs allocation of Salmon, as the case may be.

REFERENCED CLAUSES:
16.4.7; Cross reference 16.4.2, 16.4.8, 16.4.9, 16.5.1.1

Responsibility Activities Timing
VGFN Provide proof to each Citizen with respect to above after Settlement Legislation or after consent given, or Basic Needs Level allocation provided. As soon as practicable
VGFN Provide Canada and Yukon with a sample document/form provided to VGFN Citizens and other Yukon First Nation citizens granted consent, and any forms developed if a basic needs allocation has been granted. As soon as practicable after development of document

PROJECT:
Consultation with VGFN before taking action on Fish and Wildlife matters affecting VGFN management responsibilities or exercise of harvesting rights

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
VGFN

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

REFERENCED CLAUSES:
16.5.4; Cross reference 16.3.3.2, 16.5.1

Responsibility Activities Timing
Canada, Yukon Notify and provide details to VGFN of proposal of Fish and Wildlife matter requiring action which affects that First Nation. As required
VGFN Prepare and present views to Government re: proposal. Within reasonable time provided by Government
Canada, Yukon Provide full and fair consideration of views presented. Inform VGFN of action to be taken by Government. Prior to taking action

PROJECT:
Nominate alternate members to Renewable Resources Council.

RESPONSIBLE PARTY:
VGFN, Yukon

PARTICIPANT/LIAISON:

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

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

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

REFERENCED CLAUSES:
16.6.2.1, 16.6.2.2, 16.6.2.3

Responsibility Activities Timing
VGFN, Yukon At discretion, each nominate an additional member to Renewable Resources Council as alternate. At time of nominations for Renewable Resources Council if desired
Minister Appoint alternate members to Renewable Resources Council. After nominations have been received

PROJECT:
Recommendations re: approval of proposed game farming or game ranching activities.

RESPONSIBLE PARTY:
Renewable Resources Council

PARTICIPANT/LIAISON:
VGFN

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

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

REFERENCED CLAUSES:
16.6.10.13

Responsibility Activities Timing
Renewable Resources Council Seek consent of VGFN if Renewable Resources Council thinks the proposed game farming or game ranching would have an adverse effect on Vuntut Gwitchin Harvesting rights. Provide details. Before recommending the approval of proposed game farming or game ranching
VGFN Review proposal and grant or deny consent. Within a reasonable period of time after Renewable Resources Council's request
Renewable Resources Council If consent granted and at discretion, make recommendation to Minister. As practicable

PROJECT:
Amendment of Wildlife Act

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
Yukon First Nations, Renewable Resources Councils, Fish and Wildlife Management Board

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

REFERENCED CLAUSES:
16.6.13; Cross reference 16.6.10.6, 16.5.4, 16.7.16, 16.11.1

Responsibility Activities Timing
Yukon Send details of proposed amendment to Yukon First Nations and Fish and Wildlife Management Board. As soon as practicable after the effective date of Settlement Legislation.
VGFN Review request, prepare and present views re: proposal. Within a reasonable time period provided by Government.
Fish and Wildlife Management Board Present views re: proposal.  
Yukon Provide full and fair consideration to views presented and draft amendment.  
Yukon Introduce amendment to Yukon Legislative Assembly. Send approved Legislation to Yukon First Nations, Fish and Wildlife Management Board and Renewable Resources Councils.  

PROJECT:
Provision of research results/information to Renewable Resources Council

RESPONSIBLE PARTY:
Canada, Yukon, VGFN

PARTICIPANT/LIAISON:
Renewable Resources Council

OBLIGATIONS ADDRESSED:
Government shall provide Councils with the results of research under 16.6.10.11.

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

REFERENCED CLAUSES:
16.6.15, 16.6.17; Cross reference 16.6.10.11

Responsibility Activities Timing
Canada, Yukon Provide research results under 16.6.10.11 to Renewable Resources Council. As soon as practicable after Government is in receipt of research information
Canada, Yukon, VGFN Provide Renewable Resources Council with information in their possession reasonably required for the Council to carry out its functions under this chapter. Upon request by Renewable Resources Council

PROJECT:
Allocation of Total Allowable Harvest for moose

RESPONSIBLE PARTY:
Yukon, VGFN

PARTICIPANT/LIAISON:

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

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

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

whichever is less.

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

REFERENCED CLAUSES:
16.9.1.3 (a), (b), 16.9.1.4; Cross reference 16.3.14.1, 16.5.1, 16.5.4, 16.6.10.1, 16.7.12.2, 16.7.12.4, 16.9.2, Chapter 10 Schedule A 4.11.2

Responsibility Activities Timing
Yukon Allocate moose according to 16.9.1.3 (a) or (b). If Yukon establishes a Total Allowable Harvest for moose
Yukon Include number of moose specified in the notice pursuant to Chapter 10, Schedule A, 4.11.2 in the Total Allowable Harvest for moose. Where an allowable harvest for moose is established in Park and has been allocated by VGFN

Planning Assumptions

  1. The VGFN will establish a process by which it will allocate moose pursuant to 16.9.1.3.
  2. The number of moose required to satisfy the subsistence needs of the VGFN may be determined by reference to harvest records or some other means established by the VGFN.

PROJECT:
Allocation of Total Allowable Harvest for species other than moose.

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
VGFN

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

REFERENCED CLAUSES:
16.9.1.5; Cross reference Chapter 10 Schedule A 4.11.2

Responsibility Activities Timing
Canada (Canadian Parks Service) Provide Yukon with VGFN notice pursuant to Chapter 10, Schedule A, 4.11.2 to harvest within Park. When notice received by Canada
Yukon Include number of animals specified in the notice pursuant to chapter 10, Schedule A, 4.11.2 in the Total Allowable Harvest for that particular species for VGFN. Where a Total Allowable Harvest is established in the Park and has been allocated by VGFN

PROJECT:
Allocation of special harvesting opportunity within Primary Use Area of Tetlit Gwich'in.

RESPONSIBLE PARTY:
Tetlit Gwich'in

PARTICIPANT/LIAISON:
VGFN

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

REFERENCED CLAUSES:
16.9.1.8; Cross reference Gwich'in Transboundary Agreement 12.4

Responsibility Activities Timing
VGFN Request from Tetlit Gwich'in part of harvesting opportunity in Primary Use Area. If there is a special harvesting opportunity established pursuant to 12.4 of the Gwich'in Trans-boundary Agreement in the Primary Use Area
Tetlit Gwich'in At discretion, grant or deny request. Within a reasonable period of time

PROJECT:
Harvest reallocation upon request of Yukon First Nations under 16.9.3

RESPONSIBLE PARTY:
Yukon, VGFN

PARTICIPANT/LIAISON:
Other Yukon First Nations

OBLIGATIONS ADDRESSED:
Where, in any year:

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

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

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

REFERENCED CLAUSES:
16.9.3

Responsibility Activities Timing
VGFN Request that Yukon allocate some of VGFN harvest allocation to another Yukon First Nation in accordance with 16.9.3. At discretion of VGFN
Yukon Alter allocation as requested. As soon as practicable
Yukon Inform affected Yukon First Nations. As soon as practicable

PROJECT:
Negotiation of Basic Needs Level

RESPONSIBLE PARTY:
VGFN, Canada, Yukon

PARTICIPANT/LIAISON:

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

REFERENCED CLAUSES:
16.9.13; Cross reference 16.9.15, 16.10.3, 16.5.1.5, 16.5.1.4

Responsibility Activities Timing
VGFN, Canada, Yukon Contact other parties to set time and place to negotiate a Basic Needs Level. After Effective Date at request of any party
VGFN, Canada, Yukon Respond to request for negotiations.  
VGFN, Canada, Yukon Enter negotiations. If agreed by parties

PROJECT:
Endeavouring to rehabilitate wildlife populations

RESPONSIBLE PARTY:
Canada, Yukon, VGFN, Fish and Wildlife Management Board and Renewable Resources Council

PARTICIPANT/LIAISON:

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

REFERENCED CLAUSES:
16.9.16; Cross reference 16.1.1.1, 27.4.1

Responsibility Activities Timing
Canada, Yukon, VGFN, Fish and Wildlife Management Board, Renewable Resources Council Meet to exchange information and cooperatively identify options for rehabilitating the population. Develop a plan. When a Total Allowable Harvest is less than a Basic Needs Level or adjusted Basic Needs Level
Canada, Yukon, VGFN, Fish and Wildlife Management Board, Renewable Resources Council Endeavour to rehabilitate the affected population in accordance with the plan. As required

Planning Assumption

  1. The discussions in the initial meeting will identify timelines, budgetary and other resources required and each party's participation in the process of rehabilitating the population.

PROJECT:
Exploring ways to improve distribution of surplus meat to Yukon Indian People

RESPONSIBLE PARTY:
Yukon, Yukon First Nations

PARTICIPANT/LIAISON:
Renewable Resources Councils, Fish and Wildlife Management Board

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

REFERENCED CLAUSES:
16.9.17

Responsibility Activities Timing
Yukon, Yukon First Nations Request meeting to develop options for improving distribution of surplus meat to Yukon Indian People. At request of either party following Effective Date
Yukon, Yukon First Nations Jointly or independently, draft proposal and send to affected Renewable Resources Council and Fish and Wildlife Management Board for review and recommendation. Following meeting
Renewable Resources Council, Fish and Wildlife Management Board Make recommendation to Minister and Yukon First Nations. Within reasonable time period after receipt of proposals
Minister Review recommendations and make decision and implement in accordance with 16.8.0 process.  
Yukon First Nations Implement in accordance with 16.5.1.8.  

Planning Assumption

  1. Yukon and Yukon First Nations may agree to use Renewable Resources Councils or Fish and Wildlife Management Board to implement a joint proposal, and to involve them in the development of the proposal.

PROJECT:
Negotiation of basic needs allocations -- Salmon

RESPONSIBLE PARTY:
Canada and VGFN

PARTICIPANT/LIAISON:

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

  • the historical uses and Harvesting patterns of Yukon Indian People and other aboriginal groups;
  • the Harvesting patterns of other residents of the Yukon;
  • changing patterns of consumption;
  • the statistics prepared by the Department of Fisheries and Oceans for the Indian food fishery within each drainage basin for the past five years;
  • the ability of Salmon stocks within a drainage basin to meet the demands of the Yukon First Nations whose Traditional Territories include that drainage basin; and
  • such other factors as the parties may agree.

REFERENCED CLAUSES:
16.10.3; Cross reference Chapter 16 Schedule A 3.9.2 and 4.1

Responsibility Activities Timing
VGFN Request entry into BNA negotiations. As specified in Schedule A or as described in VGFA
Canada (DFO) Review and respond to request. As soon as practicable upon receipt of request
Canada (DFO) and VGFN Discuss specific arrangements and prepare for negotiations. As may be agreed
Canada (DFO) and VGFN Negotiate BNA taking into account factors listed in 16.10.3. As may be agreed

PROJECT:
Variation of basic needs allocation for Salmon

RESPONSIBLE PARTY:
Yukon First Nations (as defined in Schedule A), Canada and Salmon Sub Committee

PARTICIPANT/LIAISON:

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

REFERENCED CLAUSES:
16.10.5, 16.7.17.12 (f); Cross reference Chapter 16 Schedule A

Responsibility Activities Timing
Yukon First Nations, SSC or Canada (DFO) Identify need to vary allocation among affected Yukon First Nations and notify SSC. Any time after the total BNA is set for the Yukon River Drainage Basin
Salmon Sub Committee Notify all affected parties of identified need to vary BNA and provide any relevant information. As soon as practicable after need is identified
Salmon Sub Committee, YFNs and Canada (DFO) Review proposal and prepare and present views. Within a reasonable time
Salmon Sub Committee Provide full and fair consideration to input received. As required
Salmon Sub Committee Prepare and make a recommendation on an alternate allocation for the Minister and the affected Yukon First Nations. As soon as practicable
Affected YFNs and Canada (DFO) Consider recommendation of SSC and any other relevant information and attempt to reach agreement on a variation to the allocation. After reviewing SSC recommendation
All affected Yukon First Nations and Canada (DFO) Confirm agreement in writing. If agreement is reached
SSC, Canada (DFO) and affected Yukon First Nations Implement new allocation. If agreement is reached

Planning Assumptions

  1. The Salmon Sub Committee will play a lead role in consulting with the affected parties to determine a new allocation of the total BNA for the Yukon River Drainage Basin.
  2. The Salmon Sub Committee, as part of its responsibility for Salmon management, will incorporate agreed upon variations in the allocation into Salmon management plans as soon as practicable, given the stage of the Salmon season.

PROJECT:
Vuntut Gwitchin First Nation basic needs allocation

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Vuntut Gwitchin First Nation

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

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

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

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

REFERENCED CLAUSES:
16.10.7; Cross reference 16.5.1.12, 16.10.2, 16.10.3, 16.7.17.12

Responsibility Activities Timing
Canada (DFO) Allocate the first 750 chinook, 900 coho and 6,000 chum Salmon to the Vuntut Gwitchin First Nation. Annually
Canada (DFO) and Vuntut Gwitchin First Nation Negotiate a percentage allocation for either chinook, coho or chum Salmon in accordance with 16.10.3. If TAC established for the Porcupine River drainage basin
Canada (DFO) Allocate Salmon to the Vuntut Gwitchin First Nation pursuant to 16.10.7.2 or 16.10.7.3, whichever is greater. If TAC established
VGFN Maintain harvest information and provide information as required by 16.5.1.12. Ongoing

Planning Assumption

  1. The development of a Porcupine River drainage basin TAC will require further consultation and negotiation within the joint Canada/USA Yukon River treaty negotiations of the Pacific Salmon Commission. Resolution of this transboundary issue may result in a specific Canadian TAC for the Porcupine River.

PROJECT:
Priority of Yukon First Nations basic needs allocation

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Salmon Sub Committee, Yukon First Nations

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

REFERENCED CLAUSES:
16.10.8

Responsibility Activities Timing
Canada (DFO) Ensure the BNA for any drainage basin shall have priority over all other fisheries. After the effective date of Settlement Legislation
Canada (DFO) Seek agreement of affected Yukon First Nations to alter priority. As required
Affected Yukon First Nations Review proposal and notify Canada (DFO) of decision. Upon receipt of proposal
Canada (DFO) Alter allocation. If all affected Yukon First Nations agree

Planning Assumption

  1. Canada (DFO) shall work with the SSC and Yukon First Nations to determine how the priority of the YFNs' total BNA for the drainage basin is to be given effect.

PROJECT:
Distribution of Total Allowable Catch when TAC falls below Yukon First Nations' BNA for the Yukon River Drainage Basin

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Salmon Sub Committee and Affected Yukon First Nations

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

Where:

  • a Total Allowable Catch is less than the total basic needs allocation in a season for the affected Yukon First Nations, and it is subsequently determined that the spawning escapement targets for Conservation were greater than was actually required for Conservation in that season: or
  • subject to an agreement entered into pursuant to 16.10.8, Government allocates Salmon to other fisheries which results in there being insufficient Salmon available to a Yukon First Nation to harvest its basic needs allocation for a drainage basin,

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

REFERENCED CLAUSES:
16.10.9, 16.10.13; Cross reference 16.10.8

Responsibility Activities Timing
Canada (DFO) Distribute the available TAC among the affected YFNs on a pro rata basis proportional to their share of the total BNA. As required once the drainage basin BNA is established
Canada (DFO) Make necessary increases to each affected YFN's annual allocation in order that after a period of no more than six years each YFNs' average annual BNA is met. Over a period of the next 6 years if conditions identified in 16.10.13 occur

Planning Assumptions

  1. Where inaccurate pre-season or in-season TAC determinations result in an inability to meet the BNA for the drainage basin and other commercial and sport fisheries have harvested salmon, Government will subsequently adjust the affected YFNs' annual BNAs. The intention would be to provide for that adjustment within the TAC established for the following year if it is reasonable to do so.
  2. Where the in-season TAC is less than what is required to satisfy the BNA of a YFN pursuant to 16.10.9 in any one year for any other reason than those described in 16.10.13, no adjustment of that YFN's BNA will be made.
  3. Government will make best efforts to refer these issues to the SSC for their consideration and input prior to making a determination pursuant to this clause.
  4. A temporary reduction or cancellation of commercial or other fisheries may be required in order to allow Government to allocate the necessary additional fish to the Yukon First Nation's BNA fishery.
  5. Precise determinations of spawning escapement cannot be made with existing DFO management practices; therefore, determinations pursuant to 16.10.13.1 may be difficult to assess. In recognition of this difficulty, and consistent with clause 16.10.8 every effort will be made in the setting and allocation of the annual Total Allowable Catch to meet the requirements of the Yukon First Nations' basic needs allocations for the drainage basin before allocating Salmon to other users.

PROJECT:
Reallocation of a basic needs allocation from a downstream YFN to an upstream YFN

RESPONSIBLE PARTY:
Salmon Sub Committee

PARTICIPANT/LIAISON:
Affected Yukon First Nations, Canada

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

REFERENCED CLAUSES:
16.10.14; Cross reference 16.8.9, 16.7.17.11

Responsibility Activities Timing
SSC In cooperation with YFNs, identify situation in which harvesting in excess of BNA by a downstream Yukon First Nation may have resulted in the failure of an upstream Yukon First Nation to meet its BNA. As required after BNAs are established for the drainage basin in question
SSC In cooperation with affected YFNs, review available information. As soon as practicable
SSC Reallocate a portion of the downstream YFN's allocation to the upstream YFN if appropriate. As required
SSC Notify affected YFNs and implement decision, subject to 16.8.9. As required

Planning Assumptions

  1. Canada (DFO) will provide the technical information and support available to it in order to assist the SSC in making a determination pursuant to this clause.
  2. Management information currently available to the Department of Fisheries and Oceans may not, in all cases, be adequate to determine conclusively that the overharvesting by a downstream Yukon First Nation resulted in the unavailability of sufficient Salmon for an upstream Yukon First Nation to meet its basic needs allocation.

PROJECT:
Additional commercial Salmon fishing licences

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Affected Yukon First Nations

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

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

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

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

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

REFERENCED CLAUSES:
16.10.15, 16.10.16, 16.10.17; Cross reference 16.10.20

Responsibility Activities Timing
Canada (DFO) In accordance with 16.10.16, determine the number of new commercial licences to be issued to affected YFNs and inform affected YFNs. As soon as practicable after the date of UFA ratification
Affected YFNs Determine how licences will be allocated and notify Government.

As soon as practicable after the ratification of the UFA

Canada (DFO) Issue licences without fee according to allocation determined by the YFNs. Upon receipt of notification
Affected YFNs Inform Government of any transfers agreed-upon amongst YFNs. Upon transfer

Planning Assumptions

  1. The new additional Yukon commercial Salmon fishing licences are only transferable between and amongst YFNs with rights on the Yukon River Drainage Basin.
  2. Pursuant to 16.7.17.12 (e), the SSC may make recommendations to Government on related new opportunities and proposed management measures for the commercial uses of Salmon.
  3. Canada (DFO) will provide full information to the affected Yukon First Nations with respect to the manner in which the 26% determination was made. The number is expected to include those licences which have been surrendered and are being held by DFO to enable Government to fulfil this obligation.

PROJECT:
Porcupine River commercial and sport Salmon fishing licences.

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Vuntut Gwitchin First Nation

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

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

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

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

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

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

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

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

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

REFERENCED CLAUSES:
16.10.19

Responsibility Activities Timing
For a period of 15 years following the Effective Date:
Canada (DFO) Notify VGFN that licences are available for issue. As licences are available
VGFN Apply for licences. As desired
Canada (DFO) Issue any commercial and/or sport commercial fishing licence for the Porcupine River drainage basin to Vuntut Gwitchin First Nation in accordance with 16.10.19. Upon application by the VGFN
After the expiry of 15 years following the Effective Date and as required thereafter:
VGFN Apply for licences. As required
Canada (DFO) Issue to Vuntut Gwitchin First Nation licences in accordance with 16.10.19.2- 16.10.19.8., as appropriate. Upon application  
VGFN or Canada (DFO) Request that SSC review the licensing requirements in place. At its discretion
Salmon Sub Committee Review and make recommendations to the Minister on licensing requirements. Upon request by Vuntut Gwitchin First Nation or Government

Planning Assumptions

  1. The activities described will be undertaken only in the case where commercial and/or sport commercial fishing licences have been approved for the Porcupine River drainage basin.
  2. Canada will review with the SSC any requirements for a Porcupine River TAC and/or commercial or sport commercial licensing.
  3. Canada (DFO) may conduct negotiations with the Canada/USA Northern Panel to establish a Porcupine River drainage basin if recommended by the SSC.

PROJECT:
Maintenance of register of Category 1 and 2 Traplines

RESPONSIBLE PARTY:
Yukon, Renewable Resources Council, VGFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
The Government of the Yukon and the Council shall maintain a register of Category 1 and Category 2 Traplines, and the Yukon First Nation shall also maintain a register of Category 1 Traplines.

REFERENCED CLAUSES:
16.11.10.5; Cross reference 16.11.7, 16.11.8, 16.11.9, 16.11.10.4, 2.9.3

Responsibility Activities Timing
Yukon Notify Renewable Resources Council of register and provide copies. After establishment of register
VGFN Notify Renewable Resources Council of register and provide copies. After establishment of register

PROJECT:
Establish a compensation policy for Yukon Indian trappers.

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
VGFN, Renewable Resources Council

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

REFERENCED CLAUSES:
16.11.13; Cross reference 16.11.13.1

Responsibility Activities Timing
Canada, Yukon Develop proposal for compensation process. As soon as possible after Settlement Legislation
Canada, Yukon Send draft process to VGFN and Renewable Resources Council for review and comments.  
VGFN, Renewable Resources Council Review process and forward comments to Government.  
Canada, Yukon Review comments received and finalize process.  
Canada, Yukon Notify trappers of compensation process.  

PROJECT:
Provision of trapper training programs

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
Yukon First Nations, Renewable Resources Councils

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

REFERENCED CLAUSES:
16.13.2; Cross reference 28.8.3, 28.9.1, 28.9.2

Responsibility Activities Timing
Yukon, Yukon First Nations, Renewable Resources Councils Design trapper training programs. After Settlement Legislation
Yukon Provide trapper training for Yukon Indian People as required from time to time. For 10 years from enactment of Settlement Legislation, unless otherwise decided

PROJECT:
Consultation on Forest Resources policies and Legislation

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
Renewable Resources Councils

OBLIGATIONS ADDRESSED:
The Minister shall Consult with the affected Renewable Resources Councils:

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

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

REFERENCED CLAUSES:
17.2.2; Cross reference 17.4.3

Responsibility Activities Timing
Government Notify RRC of new policy and/or legislative initiative and provide details of the initiative. Prior to establishment of policy or recommendation to Parliament or Legislative Assembly
RRC Prepare and present views. Within reasonable time provided by Government
Government Provide full and fair consideration to views presented. Prior to establishment of policy or recommendation to Parliament or Legislative Assembly

PROJECT:
Non-commercial harvest of Trees on Crown Lands

RESPONSIBLE PARTY:
VGFN and Government

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Subject to this chapter:

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

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

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

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

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

where access by the public is limited or prohibited.

REFERENCED CLAUSES:
17.3.1.2, 17.3.3, 17.3.4; Cross reference 17.2.2, 17.3.2, 17.3.6, 17.4.3

Responsibility Activities Timing
If permit required by legislation:
VGFN Apply to Government for necessary permit/licence. As required by legislation
Government Issue permit/licence in accordance with applicable legislation and subject to restrictions listed in 17.3.4, waiving any fee that might otherwise apply. Upon application
VGFN Notify government of Trees harvested up to a limit of 500 cubic meters. As required by permit or upon request by Government
If no permit is required:
VGFN Notify Government of Trees harvested up to a limit of 500 cubic meters. Annually, or as requested by Government

PROJECT:
Preparation of Forest Resources Management plans

RESPONSIBLE PARTY:
Government, VGFN and Renewable Resources Council

PARTICIPANT/LIAISON:

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

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

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

  • the coordination of Forest Resources Management throughout the Yukon and in the relevant Traditional Territory;
  • the need for, and the content and timing of, Forest Resources inventories and management plans;

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

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

REFERENCED CLAUSES:
17.5.1, 17.5.2, 17.4.1, 17.4.1.1, 17.4.1.2, 17.5.7, 17.5.8; Cross reference 17.4.3, 17.4.4, 17.5.3, 17.6.1, 17.6.2

Responsibility Activities Timing
VGFN Identify areas of Settlement Land for Forest Resources Management plans. At its discretion
Government Identify areas of Non- Settlement Land requiring management plans and identify need for inventories. At its discretion
Renewable Resources Council Make recommendation to the Minister and to VGFN regarding need for and timing of Forest Resources inventories and plans. At its discretion
Government Undertake management inventory. If necessary
Government, VGFN Develop Forest Resources Management plans taking into account the issues listed in 17.5.5. As resources permit and in accordance with order established
Government, VGFN Approve and implement plans consistent with Chapter 17.  

Planning Assumptions

  1. To the extent practicable, the RRC, VGFN and Government will work collaboratively to identify areas requiring Forest Resources Management plans.
  2. Forest inventories and management plans will be undertaken in a manner consistent with VGFN and Government policies in place from time to time.

PROJECT:
Establishment of order for Forest Resources Management plans

RESPONSIBLE PARTY:
Government, Yukon First Nations and Renewable Resources Councils

PARTICIPANT/LIAISON:

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

REFERENCED CLAUSES:
17.5.3; Cross reference 17.5.7

Responsibility Activities Timing
Minister Notify YFNs of intention to establish order for the development of Forest Resources Management plans. Within one year of the effective date of Settlement Legislation
Minister Provide YFNs with any pertinent information. Prior to establishing order
YFNs Prepare and present views. Within reasonable time established by Minister
Minister Provide full and fair consideration to views presented. Prior to establishing order
Minister Establish order for development of plans, including inventories where identified. After Consultation
Government, YFNs To revise order, repeat listed activities. Prior to amending order

Planning Assumptions

  1. All fourteen Yukon First Nations and Government will be invited to a one-time joint meeting, arranged by Government within one year of the effective date of Settlement Legislation in order to consult regarding the establishment of the order for Forest Resources Management plans. This meeting will facilitate the coordinated development of a territory-wide approach to forest management planning and will allow Yukon First Nations without Final Agreements to have input into the setting of priorities.
  2. Relevant information and proposals will be forwarded to the Yukon First Nations within a reasonable time in advance of the meeting.

PROJECT:
Timing for the development of Forest Resources Management plans

RESPONSIBLE PARTY:
Canada and VGFN

PARTICIPANT/LIAISON:
Renewable Resources Council

OBLIGATIONS ADDRESSED:
The Minister, in Consultation with the Vuntut Gwitchin First Nation and the Renewable Resources Council for the Vuntut Gwitchin First Nation Traditional Territory, shall determine the timing for the development of Forest Resources Management plans within the Vuntut Gwitchin First Nation Traditional Territory.

REFERENCED CLAUSES:
17.5.4.1; Cross reference 17.4.1.2, 17.5.3

Responsibility Activities Timing
Canada Notify VGFN and RRC of intention to set timing for the development of a plan and provide details. At discretion of Canada
VGFN and RRC Review notice and prepare and present views to Canada. Within reasonable time after receipt of notice
Canada Provide full and fair consideration to views presented. Prior to establishing timing
Canada Inform the VGFN and RRC of timing for the development of Forest Resources Management plans. As soon as practicable after consultation

PROJECT:
Use of pesticides or herbicides by VGFN on Settlement Land

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:
Government

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

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

REFERENCED CLAUSES:
17.7.1, 17.7.3; Cross reference 17.7.5 and 17.7.4

Responsibility Activities Timing
VGFN Notify Government that use of herbicides or pesticides on Settlement Land is being considered. Prior to application of herbicides or pesticides
VGFN Provide details about nature of pest/disease and any other relevant information. Prior to application of herbicides or pesticides
Government Prepare and present views. Within reasonable time provided by VGFN
VGFN Provide full and fair consideration of views presented. Prior to taking any action
Government and VGFN Take any action agreed upon to control problem. Upon agreement about course of action

PROJECT:
Use of pesticides or herbicides by Government on Crown Lands within VGFN Traditional Territory

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
VGFN

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

REFERENCED CLAUSES:
17.7.2 Cross reference 17.7.5 and 17.7.4

Responsibility Activities Timing
Government Notify VGFN that use of herbicides or pesticides on Crown Lands within Traditional Territory is being considered. Prior to application of herbicides or pesticides
Government Provide details about nature of pest/disease and any other relevant information. Prior to application of herbicides or pesticides
VGFN Prepare and present views. Within reasonable time provided by government
Government Provide full and fair consideration of views presented. Prior to application

PROJECT:
Consultation on forest fire fighting priorities

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
VGFN

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

REFERENCED CLAUSES:
17.8.2 Cross reference 17.4.4

Responsibility Activities Timing
Government Notify VGFN of general priorities for forest fire fighting on Settlement Land and adjacent Non Settlement Land and provide any relevant information. As soon as practicable after Effective Date
VGFN Prepare and present priorities. Within a reasonable timeframe
Government Provide full and fair consideration to views presented. Prior to amending priorities
Government Set general priorities for VGFN Settlement Land and for adjacent Non-Settlement Land. After Consultation
Government Notify VGFN of new priorities established. Once priorities are established

Planning Assumptions

  1. The general forest fire fighting priorities of VGFN may change over time; upon request of VGFN, Government will consider amending general priorities to reflect the wishes of VGFN.
  2. Government will explore various options available for bringing the interested parties together to work collaboratively on the establishment of priorities for fighting forest fires.

PROJECT:
Fire fighting by Government on Settlement Land

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
VGFN

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

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

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

REFERENCED CLAUSES:
17.8.3; Cross reference 17.8.1 and 17.8.4

Responsibility Activities Timing
Government Notify VGFN prior to taking action to fight fires on VGFN Settlement Land. Where practicable
Government Fight fires on VGFN Settlement Land in accordance with policies in place from time to time and within available resources. For a period of five years from the Effective Date
Government, VGFN Develop arrangements with respect to the sharing of responsibility for forest fire suppression on Settlement Land. On request of any Party

PROJECT:
Access to Settlement Land -- Holders of commercial timber permits

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:
Permit holder, Surface Rights Board

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

REFERENCED CLAUSES:
17.10.2; Cross reference 17.10.5 and 17.13.1

Responsibility Activities Timing
VGFN Review application for access from a holder of a commercial timber permit. Upon application and prior to access
VGFN Determine whether access will be granted. Upon request
VGFN Notify applicant of decision in writing. Within a reasonable time
VGFN Prepare for and respond to an application to the Surface Rights Board. If a referral is made

PROJECT:
Access to Settlement Land -- Holders of timber harvesting agreements

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:
Surface Rights Board, agreement holders

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

REFERENCED CLAUSES:
17.10.4; Cross reference 17.10.5 and 17.13.1

Responsibility Activities Timing
VGFN Review application for access from the holder of a timber harvesting agreement. Upon receipt of application
VGFN Determine whether access will be granted. Upon request
VGFN Notify applicant of decision in writing. Within a reasonable time
VGFN Prepare for and respond to an application to the Surface Rights Board. If a referral is made

PROJECT:
Notice of public tender for Forest Resources Management or protection

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
VGFN

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

REFERENCED CLAUSES:
17.14.1; Cross reference 22.5.10, 22.6.6, Annex D -- Economic Opportunities

Responsibility Activities Timing
Government Provide written notice to VGFN of public tender within VGFN Traditional Territory. Upon invitation of public tender

PROJECT:
Economic opportunities -- Silviculture

RESPONSIBLE PARTY:
Government and VGFN

PARTICIPANT/LIAISON:

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

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

REFERENCED CLAUSES:
17.14.2.2, 17.14.2.3; Cross reference 17.14.1, 17.14.2.1, 17.14.2.4, 17.14.2.5, Chapter 22

Responsibility Activities Timing
Government Offer first opportunity for fixed term contract to VGFN. As required
VGFN Accept or reject contract offer and notify Government. As required
Government Notify Vuntut Gwitchin First Nation in writing of an invitation for public tender of contracts associated with silviculture in the VGFN Traditional Territory. As required
VGFN Review invitation and determine if proposal to be submitted. Within period of time specified by Government
VGFN Notify Government of determination and submit proposal if appropriate. Within specified time period

PROJECT:
Evaluation criteria -- Silviculture contracts

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
Vuntut Gwitchin First Nation

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

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

REFERENCED CLAUSES:
17.14.2.6, 17.14.2.7; Cross reference 17.14.2.8, Chapter 22

Responsibility Activities Timing
Government In cooperation with VGFN, modify government contract tendering documents as required to include criteria for economic opportunities for Vuntut Gwitchin for silviculture contracts let in the VGFN Traditional Territory. Prior to tendering contracts in the VGFN Traditional Territory
Government In cooperation with VGFN, modify contract evaluation criteria to include among other factors, Vuntut Gwitchin employment and Vuntut Gwitchin ownership or equity investment. Prior to evaluating proposals, bids or tender for forest resource management in the VGFN Traditional Territory

PROJECT:
Hiring of Vuntut Gwitchin to fight forest fires

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
Vuntut Gwitchin First Nation

OBLIGATIONS ADDRESSED:
Where Government requires Extra Fire Fighters to fight fires within the Vuntut Gwitchin Traditional Territory, it shall, where practicable, hire Vuntut Gwitchin.

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

REFERENCED CLAUSES:
17.14.2.9

Responsibility Activities Timing
Government Notify VGFN of requirement for Extra Fire Fighters to fight fire in VGFN Traditional Territory. As appropriate
VGFN Provide list of Vuntut Gwitchin who might be available to fight forest fires. If possible
Government Hire Vuntut Gwitchin as Extra Fire Fighters. As practicable

PROJECT:
Delete, add or adjust areas on maps for commercial forestry reserves

RESPONSIBLE PARTY:
Government and Vuntut Gwitchin First Nation

PARTICIPANT/LIAISON:

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

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

REFERENCED CLAUSES:
17.14.2.10

Responsibility Activities Timing
Any Party Propose to delete, adjust or add new areas to map VGCFR and seek concurrence of other Parties As required
Other Parties Review proposal and notify other Parties of response Upon receipt of proposal
Parties Amend map if all Parties agree After review of proposal

PROJECT:
Conflicts between exercise of Mineral Right and exercise of Specified Substances Right

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:
Surface Rights Board

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

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

  • interference with the exercise of the Specified Substances Right; and
  • loss of opportunity to exercise the Specified Substances Right, taking into account the associated production cost incurred by the Person holding the Mineral Right.

REFERENCED CLAUSES:
18.1.2, 18.1.3; Cross reference 18.1.1, 18.1.4

Responsibility Activities Timing
VGFN or holder of a Mineral Right Contact other party and attempt to resolve dispute over conflicting exercise of rights. When a conflict arises over exercise of identified rights
VGFN Initiate or respond to an application before the Surface Rights Board. If referral is made when parties unable to resolve dispute

PROJECT:
Location of Quarries by Government

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
VGFN

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

REFERENCED CLAUSES:
18.2.4; Cross reference 18.2.6

Responsibility Activities Timing
Government Locate alternate Quarry sites on Non-Settlement Land. As practicable
Government Endeavour to eliminate use of existing Quarries on Settlement Land. Where reasonable and practicable
Government Communicate results of endeavour to VGFN Annually, as applicable

PROJECT:
Further identification of Quarries on Settlement Land

RESPONSIBLE PARTY:
Yukon, Canada

PARTICIPANT/LIAISON:
VGFN

OBLIGATIONS ADDRESSED:
The time period for further identification under 18.2.5.1 is two years from the Effective Date of this Agreement.

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

i) R-6A; and

ii) R-8A.

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

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

REFERENCED CLAUSES:
18.2.5.1a, 18.2.5.2a, 18.2.5.3a; Cross reference 18.2.3, 26.3.13

Responsibility Activities Timing
Yukon, Canada Identify further Quarries on Settlement Land R-6A and R- 8A as described in Appendix A - Descriptions of Settlement Land taking into consideration 18.2.3. No later than 2 years from the Effective Date
Yukon, Canada Notify the VGFN of the further identification of Quarries. Provide details. No later than 2 years from the Effective Date
VGFN Prepare and present views. Within a reasonable time period after notification by Government
Yukon, Canada Provide full and fair consideration of views of the VGFN. After VGFN presents views
Yukon, Canada Make final decision re: identification of Quarries, taking into account views of VGFN. After VGFN presents views
Yukon, Canada Notify VGFN of final list of identified Quarries. Upon making decision

PROJECT:
Government use and restoration of specified Quarries on Settlement Land

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
VGFN, Surface Rights Board

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

  • Government shall have the exclusive use of Quarries and the right to take any Construction Materials required from such Quarries without the agreement of or compensation for such use or taking to the affected Yukon First Nation;
  • Government shall use a Quarry in accordance with commonly accepted land use standards and shall endeavour to minimize interference with other uses of the Settlement Land;
  • on ending its use of a Quarry, Government shall, if required by the affected Yukon First Nation, restore the Quarry in accordance with commonly accepted land use standards including, as appropriate, clean-up, drainage, erosion control, re-contouring, overburden replacement, and replanting of vegetation so that the Quarry will blend in with the local landscape and vegetation; and
  • where a dispute arises over the use or restoration of a Quarry by Government, either the Government or the affected Yukon First Nation may refer the dispute to the Surface Rights Board.

REFERENCED CLAUSES:
18.2.6; Cross reference 18.2.2, 18.2.5;

Responsibility Activities Timing
Government Use Quarry and associated specified substances in accordance with land use standards, taking reasonable steps to minimize interference with other uses of Settlement Land. As required for public purposes
Government Notify VGFN of intention to abandon use of Quarry. Prior to ending use
VGFN Review notice and determine if site restoration is appropriate. Upon receipt of notice
VGFN Notify Government of decision regarding need for site restoration. As soon as practicable
Government Restore Quarry in accordance with standards. If required by VGFN
Government and VGFN Prepare for and respond to application to the Surface Rights Board. If dispute arises and a referral is made by either Government or VGFN

PROJECT:
Government use of other Quarries on Settlement Land

RESPONSIBLE PARTY:
Government, VGFN

PARTICIPANT/LIAISON:
Surface Rights Board

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

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

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

REFERENCED CLAUSES:
18.2.7, 18.2.8, 18.2.9

Responsibility Activities Timing
Government Notify VGFN that a Quarry is required for public purposes and that no suitable Quarry is available on Non-Settlement Land. When no suitable Quarry is available
Government and VGFN Attempt to reach agreement on need to use Quarry and on appropriate terms and conditions for Government use. Within 30 days of notification by Government
Government Establish and work Quarry according to terms and conditions agreed upon. If agreement is reached with VGFN within 30 days
OR
Government Abandon proposal to use Quarry on Settlement Land. If no agreement reached with VGFN within 30 days
OR
Government or VGFN Refer dispute to the Surface Rights Board. If no agreement reached with VGFN within 30 days

PROJECT:
Other Government use of Quarries

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
VGFN

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

REFERENCED CLAUSES:
18.2.10

Responsibility Activities Timing
Government

Notify VGFN of desire to use materials from Quarries on Settlement Land for:

  • non-public purposes or
  • public purposes more than 30km beyond Yukon boundaries and seek consent of the VGFN.
As required
VGFN Consider request and notify Government of decision, including proposed terms and conditions if applicable. Upon request from Government
Government Use Quarry as agreed. With consent of VGFN
or
Government Abandon proposal for use. If consent not obtained from VGFN

PROJECT:
Access to Settlement Land with the consent of a VGFN for the exercise of Mineral Rights

RESPONSIBLE PARTY:
VGFN, Government

PARTICIPANT/LIAISON:
Surface Rights Board, Mineral Right holder

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

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

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

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

REFERENCED CLAUSES:
18.3.3, 18.3.4, 18.4.3, 18.4.4; Cross reference 5.4.2, 18.3.5, 18.3.6, 18.4.5, 18.5.0

Responsibility Activities Timing
VGFN Receive request for access to Settlement Land. As required prior to access pursuant to listed clauses
VGFN Determine whether or not access will be granted. Upon request
VGFN Notify applicant of decision. Within a reasonable time
VGFN Prepare for and respond to an application at the Surface Rights Board. If referral is made upon notice of refusal

PROJECT:
Property Tax assistance

RESPONSIBLE PARTY:
Yukon, Canada

PARTICIPANT/LIAISON:
VGFN, Taxation authority

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

Any residence of a Yukon Indian Person which is occupied as a personal residence on Fee Simple Settlement Land, and which otherwise meets the criteria, shall be deemed to be owner-occupied for the purposes of any homeowner's grant programs available from time to time, notwithstanding that title to the lands on which the residence is situated, is held by a Yukon First Nation or Yukon First Nation Corporation.

REFERENCED CLAUSES:
20.7.1, 21.2.2; Cross reference 21.2.1, 21.2.3, 21.2.5, 21.5.1

Responsibility Activities Timing
Yukon Provide VGFN with application form for any homeowner's grant, requesting information concerning occupancy of residential properties on Fee Simple Settlement Land. By December 15 of the year of the Effective Date and each subsequent year for nine years
VGFN If applying for homeowner's grant, return completed application form to Yukon. By January 31 of the year following the Effective Date and each subsequent year for nine years
Yukon During the 10-year transitional period, provide VGFN and Canada with estimate of property tax bill for VGFN, net of any homeowner's grant. By February 28 of the year following the Effective Date and each subsequent year for nine years
Yukon Provide VGFN, Canada and taxation authority with a list of the VGFN properties on which any homeowner's grant applies, and the amount of the grant for each one. Annually, by May 15, beginning in the year following the Effective Date
Taxation authority Issue tax notices to VGFN in respect of Settlement Land. Send copy to Canada. Annually, by May 15, beginning in year following the Effective Date
Canada

In the first year, pay to VGFN 100% of tax bill, net of any homeowner's grant.

In subsequent nine years, pay VGFN the stipulated portion of the tax bill, based on the amount owing net of any homeowner's grant.

Annually, in sufficient time to enable VGFN to pay taxes by due date of July 2

Legislative/regulatory amendments:

Homeowners Grant Act, R.S.Y. 1986

Assessment and Taxation Act, R.S.Y. 1986, c.10

Planning Assumptions

  1. The May 15th and July 2nd dates referenced in the timing for activities above are the deadlines established in the current Assessment and Taxation Act for issuance of tax notices and payment of taxes respectively. These dates may be subject to change from time to time.
  2. Yukon shall develop an application form to be used by Yukon First Nations in respect of any homeowner's grant programs.
  3. Yukon will provide a list of all fee simple properties on VGFN Settlement Land when the application form for the homeowner's grant is sent to the VGFN. As part of the process of applying for the homeowner's grant, the VGFN will sign a declaration concerning eligibility of properties for the homeowner's grant.

PROJECT:
Determination of Settlement Land which is exempt from property taxation

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
VGFN

OBLIGATIONS ADDRESSED:
Unimproved Rural Settlement Land is exempt from Property Taxes.

Except as otherwise provided in a Yukon First Nation Final Agreement or in a self-government agreement negotiated pursuant to Chapter 24 - Yukon Indian Self-Government, all other Settlement Land shall be subject to Laws of General Application respecting Property Taxes as if such lands were equivalent private property.

REFERENCED CLAUSES:
21.2.3, 21.2.5; Cross reference 21.1.0

Responsibility Activities Timing
Yukon, VGFN For the first assessment roll prepared following the Effective Date, discuss and attempt to reach agreement on which properties on VGFN Settlement Land will be exempt from Property Taxes. Prior to finalization of assessment roll

PROJECT:
Action by taxing authority for non-payment of Property Taxes

RESPONSIBLE PARTY:
Yukon, Municipality

PARTICIPANT/LIAISON:
VGFN

OBLIGATIONS ADDRESSED:
Notwithstanding Laws of General Application, Settlement Land held by a Yukon First Nation or any Yukon First Nation Corporation shall not be subject to attachment, seizure or sale for non-payment of Property Taxes. If Property Taxes owing on such Settlement Land remain unpaid for more than two years, the taxing authority may withdraw the delivery of any or all services to such Settlement Land until the outstanding Property Taxes have been paid.

Unless the parties to a Yukon First Nation Final Agreement otherwise agree, if the Property Taxes remain unpaid on Settlement Land six months after the withdrawal of any Local Government Services under 21.3.1, the taxing authority may attach the assets of that Yukon First Nation or any Yukon First Nation Corporation of that Yukon First Nation in addition to all other remedies including the filing of a lien or other instrument against such Settlement Land.

REFERENCED CLAUSES:
21.3.1, 21.3.2

Responsibility Activities Timing
Taxing authority Provide VGFN or any VGFN Corporation with initial notice, using double registered mail, of the possible withdrawal of delivery of any or all services to such Settlement Land if taxes are not paid within six months of date of notice. If Property Taxes are owing on Settlement Land for more than 18 months
Taxing authority Notify VGFN or any VGFN Corporation by way of double registered letter that services may be withdrawn by a specified date (six months after issuance of initial notice) if taxes are not paid by that date. If taxes remain unpaid
Taxing authority Provide notice to VGFN if taxing authority decides to attach the assets of the VGFN or any VGFN Corporation owing the taxes, and/or to initiate other remedies. If taxes remain unpaid six months after the withdrawal of any Local Government Services

PROJECT:
Action by taxing authority for non-payment by VGFN for Local Government Services

RESPONSIBLE PARTY:
Yukon, Municipality

PARTICIPANT/LIAISON:
VGFN

OBLIGATIONS ADDRESSED:
Unless the parties to a Yukon First Nation Final Agreement otherwise agree, if arrears under any agreement negotiated between the Yukon First Nation and Government for the provision of Local Government Services on Settlement Land remain unpaid for a period of six months, Government may withdraw any or all such services to such land until the outstanding arrears have been paid.

Unless the parties to a Yukon First Nation Final Agreement otherwise agree, if the arrears remain unpaid six months after the withdrawal of services under 21.3.3, Government may, without the consent of the Yukon First Nation or any Yukon First Nation Corporation, refer the matter to the dispute resolution process under 26.3.0.

REFERENCED CLAUSES:
21.3.3 and 21.3.4

Responsibility Activities Timing
Yukon, Municipality Provide VGFN with initial notice using double registered mail, of the possible withdrawal of delivery of Local Government Services on Settlement Land if payment not made within two months of date of notice. If payment for such services remains unpaid for a period of four months
Yukon, Municipality Notify VGFN by way of double registered mail, that services may be withdrawn by a specified date if payment not received. 30 days after initial notice if arrears are still outstanding
Yukon, Municipality At discretion, refer the matter to dispute resolution process under 26.3.0. If arrears remain unpaid 6 months after withdrawal of services

PROJECT:
Rates for user-pay Local Government Services for the Vuntut Gwitchin First Nation and any corporation owned or controlled by the Vuntut Gwitchin First Nation

RESPONSIBLE PARTY:
Yukon, VGFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Unless otherwise agreed by the Yukon and the Vuntut Gwitchin First Nation, the Vuntut Gwitchin First Nation and any corporation owned or controlled by the Vuntut Gwitchin First Nation shall pay the same rates for user-pay Local Government Services as would be paid by property owners in the community of Old Crow.

REFERENCED CLAUSES:
21.4.1.1

Responsibility Activities Timing
Yukon, VGFN Attempt to reach agreement upon the rates to be paid for Local Government Services by VGFN or any corporation owned or controlled by the VGFN. At the request of either party
Yukon If no agreement, ensure rates for user-pay Local Government Services which are billed to VGFN or any corporation owned or controlled by the VGFN are the same as would be paid by property owners in the community of Old Crow. From the Effective Date

PROJECT:
Exemptions to collection of outstanding Property Taxes

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
The Yukon shall not collect Property Taxes outstanding as at the Effective Date of this Agreement on:

(a) leases 002, 003, 006, 026 and 027 in Parcel C-3A;

(b) fee simple lots 1004, 1005, 1006, 1007, 1008 and 1009 in Parcel C-4FS; and

(c) lease 007 in Parcel C-5A.

REFERENCED CLAUSES:
21.6.1.1; Cross reference Appendix A - Description of Settlement Land C-3A; C-5A; C-4FS/D

Responsibility Activities Timing
Yukon Forgive outstanding Property Taxes on Settlement Land identified in 21.6.1.1 of the VGFA. As of the Effective Date

PROJECT:
Economic development opportunities plan

RESPONSIBLE PARTY:
Canada, Yukon, Vuntut Gwitchin First Nation

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
As soon as practicable after the completion of the implementation plan for a Yukon First Nation Final Agreement, the parties to each Yukon First Nation Final Agreement shall develop a plan for Yukon Indian People to take advantage of economic development opportunities generated by that Settlement Agreement, which plan may be completed either before or after a Yukon First Nation Final Agreement.

The economic development opportunities plan for the Vuntut Gwitchin First Nation required under 22.3.1 shall be prepared, to the extent practicable, in the community of Old Crow and shall involve the participation of Vuntut Gwitchin.

The plans shall include recommendations to:

  • maximize opportunities for training and identify the experience that Yukon Indian People will require to take advantage of the economic opportunities generated by Settlement Agreements;
  • maximize the use of available financial and technical resources; and
  • identify the funding requirements and measures necessary to stimulate community level economic activity; and

Specific Provision

  • identify opportunities for the Vuntut Gwitchin First Nation in harvesting activities and opportunities for the Vuntut Gwitchin First Nation to make strategic investments pursuant to 22.3.3

REFERENCED CLAUSES:
22.3.1, 22.3.1.1, 22.3.2.4

Responsibility Activities Timing
VGFN Notify Canada and the Yukon of intention to establish tripartite planning group to prepare plan. As soon as practicable after completion of the Implementation Plan
Parties Establish planning group, set timelines and develop workplan, including recognition of need to include the participation of Vuntut Gwitchin. As soon as practicable upon receipt of notice
Planning group Develop plan taking into account all factors listed. As required
Planning group Present plan and associated recommendations to the Vuntut Gwitchin First Nation. As soon as practicable

Planning Assumptions

  1. Plans will take into account existing economic development priorities of the Vuntut Gwitchin First Nation.
  2. Funding for economic development planning is available from time to time through such programs as the Canadian Aboriginal Economic Development Strategy (CAEDS), the Economic Development Agreement (EDA) and the Arctic Environmental Strategy (AES).

PROJECT:
Develop a plan to assist in facilitating training and professional development of Yukon Indian People, to increase employment opportunities in technical, managerial and professional positions within the public service

RESPONSIBLE PARTY:
Yukon, Canada

PARTICIPANT/LIAISON:
YFNs, Training Policy Committee

OBLIGATIONS ADDRESSED:
Where public service employment opportunities exist, Government shall assist in facilitating training and professional development of Yukon Indian People so that they will have access to such employment opportunities, with particular emphasis on increasing over a reasonable period of time the number of Yukon Indian People in technical, managerial and professional positions within the public service

REFERENCED CLAUSES:
22.4.1; Cross reference 22.2.2, 22.9.1, 28.3.3.5; Chapter 22 Schedule A Part I

Responsibility Activities Timing
Government Notify YFNs of intent to consolidate information from training and professional development program reviews, already underway. Within a reasonable time after Settlement Legislation
VGFN Identify VGFN liaison to participate in the consolidation exercise. Upon receiving notice
Government, YFNs Review the consolidated information to identify obstacles and opportunities with respect to improving access for Yukon Indian People to employment opportunities within the public service. Within a reasonable time and completed within three months
Government, YFNs Develop a plan to improve access for Yukon Indian People to employment opportunities with particular emphasis on increasing over a reasonable period of time the number of Yukon Indian People in technical, managerial and professional positions within the public service. Within six months of review being completed
Government, YFNs Implement the plan. Within a reasonable time
Government, YFNs Provide for a periodic review of the plan. Ongoing

Planning Assumptions

  1. This Activity Plan is intended to provide a general framework that will complement the specific planning processes outlined in VGFA specific provisions.
  2. The Training Policy Committee is mandated to review existing training programs and may recommend changes to those programs. The work of the Training Policy Committee will complement the activities anticipated through the review and planning exercises.
  3. Training and professional development opportunities exist throughout government and departments will provide information on their processes for the purpose of the review.
  4. Existing information related to any review of these processes will be made available for the review.
  5. Professional associations, such as the Yukon Teachers Association, offer ongoing annual professional development programs and should be encouraged to participate and provide information for the purposes of the review and plan.

PROJECT:
Explore ways of making apprenticeship programs more flexible and promote greater participation by Yukon Indian People

RESPONSIBLE PARTY:
YFNs, Yukon

PARTICIPANT/LIAISON:
Training Policy Committee

OBLIGATIONS ADDRESSED:
The Yukon and Yukon First Nations jointly shall explore ways to make apprenticeship programs more flexible, and to promote greater participation by Yukon Indian People in such programs, and shall examine other means of providing training for employment

REFERENCED CLAUSES:
22.4.2; Cross reference 22.2.2, 22.9.1, 28.3.3.5; Chapter 22 Schedule A Part I

Responsibility Activities Timing
VGFN, Yukon Assess employment opportunities within the trades sector, in VGFN communities. Immediately following Effective Date
YFNs, Yukon Contact trade unions to encourage their participation in the development and review of apprenticeship training programs. Within a reasonable time
YFNs, Yukon Review existing apprenticeship training programs to assess their effectiveness in promoting greater participation by Yukon Indian People. Within a reasonable time
YFNs, Yukon As may be required, and to the extent practicable, modify existing programs or develop new programs to assist in achieving the goal of greater participation. Following review and within two years of Effective Date
YFNs, Yukon Provide for a regular review of effectiveness of apprenticeship training programs. Ongoing

Planning Assumptions

  1. This Activity Plan is intended to provide a general framework that will complement the specific planning processes outlined in VGFA specific provisions.
  2. The Training Policy Committee is mandated to review existing training programs and may recommend changes to those programs.
  3. Trade Unions establish training programs and apprenticeship opportunities and they should be encouraged to participate in the review and planning processes.

PROJECT:
Notice of tenders

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
VGFN

OBLIGATIONS ADDRESSED:
The Yukon, at the time it publicly invites tenders, shall provide written notice to those Yukon First Nations who have indicated a wish to be advised of public tenders. Where bidders' lists or similar methods are used, the Yukon shall notify those Yukon First Nations who have indicated their interest in contracting and their ability to supply the tendered goods or services.

REFERENCED CLAUSES:
22.5.1; Cross reference 22.2.2, 22.5.2, 22.5.6, 22.5.7, 22.5.8

Responsibility Activities Timing
VGFN Advise Yukon that VGFN wishes to be notified of public tenders and of their interest in receiving contract information. Any time after Effective Date, at discretion
Yukon Provide available public information with respect to public tenders and contracting. As soon as practicable after notification
VGFN Provide information re: ability to supply goods and services, for inclusion on bidders' or source lists. At discretion
Yukon Provide written notice of public tenders to VGFN if VGFN has indicated a wish to be advised of public tenders. At the time Yukon publicly invites tenders
Yukon Where bidders' lists or similar methods are used, notify VGFN if VGFN is on such lists. At the time Yukon invites tenders

Planning Assumptions

  1. Additions to the source lists made between release periods can be accessed by VGFN through the Yukon Contract Administration office.
  2. VGFN may request that general information on public tendering and contracting be provided through a workshop or meeting. Such workshops/meetings may be coordinated with other YFNs.

PROJECT:
Information on non-public contracts

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
VGFN

OBLIGATIONS ADDRESSED:
The Yukon shall provide information on a regular basis to Yukon First Nations on contracts awarded which were not advertised for public tender.

REFERENCED CLAUSES:
22.5.3; Cross reference 22.2.2

Responsibility Activities Timing
Yukon Supply VGFN with a copy of the list of contracts as tabled annually in the Legislature. As soon as practicable after annual tabling

Planning Assumption

  1. If lists of contracts are generated on a more frequent basis, Yukon will provide as available.

PROJECT:
Inclusion of VGFN on federal contract lists

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
VGFN

OBLIGATIONS ADDRESSED:
For contracts to be awarded in the Yukon, the Government of Canada undertakes to include on contract lists those qualified Yukon First Nations who have indicated an interest in contracting.

A Yukon First Nation may request information from a federal contracting authority on contracts awarded in the Yukon. Where such information is publicly available, the authority shall make all reasonable efforts to provide the requested information.

REFERENCED CLAUSES:
22.5.4, 22.5.5; Cross reference 22.2.2

Responsibility Activities Timing
VGFN Advise Canada if VGFN is interested in being included on contract lists in Yukon. At discretion
Canada Provide information with respect to contracting and qualifications that may be required, including Standing Offer Agreements process. As soon as practicable after VGFN request
VGFN Notify Canada of qualifications, etc. when indicating on which contract list VGFN wishes to be included. At discretion
Canada Notify VGFN if VGFN included on specific contract lists. At request of VGFN
Canada Provide publicly available information with respect to contracts that have been awarded in Yukon As soon as practicable after VGFN request

Planning Assumptions

  1. VGFN may request that information re: contracts be provided through a workshop or meeting. Such workshops/meetings may be coordinated with other YFNs.
  2. When seminars/workshops are arranged, there may be an initial consultation process between VGFN and Canada with respect to the content and delivery of the information.

PROJECT:
Access to Government contracting and registration

RESPONSIBLE PARTY:
Yukon, Canada

PARTICIPANT/LIAISON:
VGFN

OBLIGATIONS ADDRESSED:
At the request of Yukon Indian People, Government shall provide information on how to access Government supply and services contracts and standing offers, and how to register on lists or inventories which Government uses for contracting.

Where practicable, provision of information in 22.5.6 shall be through seminars and workshops.

Government shall ensure that Yukon Indian People and Yukon First Nations' corporations are advised on how to access Government contracting, and that such individuals and businesses are given full opportunity to be registered on any lists or inventories Government uses for contracting purposes.

REFERENCED CLAUSES:
22.5.6, 22.5.7, 22.5.8; Cross reference 22.2.2, 22.5.1

Responsibility Activities Timing
Yukon, Canada Provide information to Yukon Indian People and VGFN corporations re: access to contracts, standing offer agreements, how to register on lists or inventories. At request of Yukon Indian People
  Provide this information through seminars/workshops. Where practicable

Planning Assumptions

  1. When seminars/workshops are arranged, there may be an initial consultation process between VGFN and Government with respect to the content and delivery of the information.

PROJECT:
Structuring contracts to a manageable size

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
VGFN

OBLIGATIONS ADDRESSED:
The Government of Yukon shall, where reasonable, make best efforts to structure contracts, on both Settlement Land and Non-Settlement Land, so that they are of a size manageable by small businesses.

REFERENCED CLAUSES:
22.5.10; Cross reference 22.2.2

Responsibility Activities Timing
Yukon Where reasonable, make best efforts to structure contracts so that they are of a size manageable by small business. Ongoing
Yukon Provide information to indicate Yukon efforts to structure contracts to meet the objective of this clause. Annually, upon request of VGFN

PROJECT:
Assisting Yukon Indian People to invest in public corporations

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
Yukon Indian People

OBLIGATIONS ADDRESSED:
Subject to 22.2.0, Government shall assist Yukon Indian People to make investments in public corporations.

REFERENCED CLAUSES:
22.6.1; Cross reference 22.2.0, 22.6.5, 22.6.6

Responsibility Activities Timing
Government Provide list of public corporations and information as may be available respecting existing investment opportunities. At request of VGFN
Yukon Indian People Request assistance from Government. When interested in making investments in public corporations
Government Consider request and identify options for practicable form(s) of assistance, depending on the circumstances. Within a reasonable period of time following the request
Yukon Indian People, Government Review the options and attempt to reach agreement on the assistance to be provided.  
Government Provide assistance as agreed upon.  

Planning Assumptions

  1. For the purposes of this clause, Yukon Indian People may be represented by a Yukon First Nation or by a corporate entity established either by an individual Yukon First Nation or by Yukon First Nations collectively.
  2. Activities under this clause may be cross-referenced with input from regional economic plans.

PROJECT:
VGFN participation with Yukon Development Corporation

RESPONSIBLE PARTY:
Yukon Development Corporations, VGFN

PARTICIPANT/LIAISON:
VGFN Corporation, Yukon Development Corporation

OBLIGATIONS ADDRESSED:
Yukon First Nation corporations may participate with the Yukon Development Corporation in economic opportunities, and such participation may include, but is not limited to, joint ventures, partnerships and equity participation in subsidiary corporations.

REFERENCED CLAUSES:
22.6.4; Cross reference 22.2.2, 22.6.6, Chapter 22 Schedule A Part I 4.0

Responsibility Activities Timing
VGFN corporations or Yukon Development Corporation At discretion, meet to discuss participation with VGFN corporations or Yukon Development Corporation in economic opportunities such as joint ventures, partnerships and equity participation in subsidiary corporations]. After Effective Date
VGFN corporations or Yukon Development Corporation At discretion, propose participation in specific economic opportunities. When the opportunity arises

VGFN corporations or Yukon Development Corporation

Review/study proposal at discretion. Respond to initiating Party - accept or decline proposal. Within a reasonable time period
VGFN corporations or Yukon Development Corporation Proceed with joint participation in economic opportunity. If proposal accepted by both Parties

PROJECT:
VGFN participation in acquisition or disposal of business venture

RESPONSIBLE PARTY:
Yukon Development Corporation

PARTICIPANT/LIAISON:
VGFN

OBLIGATIONS ADDRESSED:
Yukon First Nations shall be offered an opportunity to participate in all ventures where the Yukon Development Corporation seeks public participation in the acquisition or disposal of a business venture.

REFERENCED CLAUSES:
22.6.5; Cross reference 22.2.2, 22.6.1, 22.6.6

Responsibility Activities Timing
Yukon Development Corporation Notify VGFN of opportunity to participate in acquisition or disposal of a business venture in a timely manner. Where Yukon Development Corporation seeks public participation
VGFN Research feasibility of participation in acquisition or disposal of business venture. At discretion, after notification of business opportunity
  Participate in acquisition or disposal of business venture with Yukon Development Corporation. At discretion

PROJECT:
Implementing procedures for joint capital planning

RESPONSIBLE PARTY:
Yukon First Nation, Yukon
Yukon First Nation, Canada

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Government and Yukon First Nations shall establish, to the extent practicable, procedures for joint capital planning

REFERENCED CLAUSES:
22.6.6; Cross reference 22.6.1, 22.6.4, 22.6.5, 22.5.0, Chapter 22 Schedule A Part 1 sections 2 - 5

Responsibility Activities Timing
YFN, Yukon
YFN, Canada
Designate senior officials to meet to establish procedures, to the extent practicable, for joint capital projects planning for departments, agencies, crown corporations and YFNs. At the request of one of the Parties
YFN, Yukon
YFN, Canada
Discuss common interests and mutual priorities.  
YFN, Yukon
YFN, Canada
As agreed, establish procedures including negotiations, studies, sharing of information, review of procedures. As practicable
YFN, Yukon
YFN, Canada
Designate senior officials to meet to establish procedures, to the extent practicable, for joint public finance for departments, agencies, crown corporations and YFNs. At the request of one of the Parties
YFN, Yukon
YFN, Canada
Discuss common interests and mutual priorities.  
YFN, Yukon
YFN, Canada
As agreed, establish procedures including negotiations, studies, sharing of information, review of procedures. As practicable

Planning Assumptions

  1. 22.6.6 is to be used as a single window process for facilitating cooperation between the Parties in meeting the intentions of various provisions of the Agreement. This should be a high priority for the Parties. There are two objectives for establishing procedures through two bilateral discussions. The first deals with procedures for public works and infrastructure developments for Government and YFNs. The second relates to planning for public finance for Governments and YFNs. While related, they should be addressed separately.
  2. There shall be two separate processes -- one for Yukon and one for Canada.

PROJECT:
Annual review of Yukon Economic Strategy

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
VGFN

OBLIGATIONS ADDRESSED:
The Yukon shall ensure that at least one-quarter of the delegates invited to attend the annual review of the Yukon Economic Strategy are Yukon Indian People or their representatives.

REFERENCED CLAUSES:
22.7.2; Cross reference 22.2.2

Responsibility Activities Timing
Yukon Notify Yukon First Nations of annual review of Yukon Economic Strategy. Request names of delegates. Annually
VGFN Provide Yukon with names of delegates. Annually
Yukon Invite delegates and ensure that at least one quarter of total delegates are Yukon Indian People or their representatives. Annually

Planning Assumption

  1. The requirements of this clause shall be a criterion in the normal process of arranging the annual review of the Yukon Economic Strategy.

PROJECT:
Development of plan re: representative public service

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
VGFN

OBLIGATIONS ADDRESSED:
Government shall develop and implement a plan which will include measures designed to attain the goals of:

a representative public service located in the Yukon, taking into account the aboriginal/non-aboriginal and gender makeup of the population of the Yukon; and

a representative public service located within the Vuntut Gwitchin First Nation Traditional Territory that reflects the aboriginal/non-aboriginal make-up of the population of the Yukon.

Government shall Consult with the Vuntut Gwitchin First Nation in developing the plan.

The plan shall be prepared within two years of the Effective Date of this Agreement.

The plan shall provide for periodic review.

The plan shall address:

training;

public information;

counselling;

work place support;

targeted recruiting;

the designation of positions to be held by aboriginal people;

preferences in hiring;

measures to manage the effect of the Government plan on the ability of the Vuntut Gwitchin First Nation to recruit and retain qualified employees; and

such other measures as may reasonably contribute to achieving the goal of a representative public service.

REFERENCED CLAUSES:
Chapter 22 Schedule A Part I, 1.1, 1.2, 1.3, 1.5, 1.6; Cross reference 22.4.1, 22.4.2

Responsibility Activities Timing
Canada, Yukon

Initiate and develop a proposal for a plan designed to attain the above stated goals, including matters involving job descriptions and commencing with the issues within the VGFN Traditional Territory.

Notify VGFN of intention to develop plan, provide details of proposal and arrange for meeting meeting of Parties.

As soon as practicable after Effective Date
VGFN, Canada, Yukon Discuss proposal for plan and develop outline of plan. At scheduled meeting
Canada, Yukon Develop the plan incorporating views of VGFN wherever practicable. After meeting with VGFN
Canada, Yukon Send proposed plan to VGFN and ask for response. After completion of plan
VGFN Prepare and present its views. Within a reasonable period of time
Canada, Yukon Complete the plan, making changes, wherever practicable, based on VGFN response. Within two years of Effective Date

Planning Assumptions

  1. In developing the plan, the Parties shall consider Chapter 22, Schedule A, Part I, 1.7.1 and 1.7.2.
  2. It is understood that VGFN primary interests will be in the Traditional Territory and therefore the initial steps in the plan should focus on the VGFN Traditional Territory.
  3. Both Governments will be undertaking their own plans, with appropriate coordination between the two Governments.

PROJECT:
Consolidation of plan re: representative public service.

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
VGFN

OBLIGATIONS ADDRESSED:
Government may consolidate the plan, after Consultation with the Vuntut Gwitchin First Nation, with any other similar plan required by another Yukon First Nation Final Agreement, provided the consolidation does not adversely affect the benefits of the Vuntut Gwitchin First Nation set out in the plan.

REFERENCED CLAUSES:
Chapter 22 Schedule A Part I 1.4

Responsibility Activities Timing
Canada, Yukon Notify VGFN of desire to consolidate the plan with other plans. Provide details and request comments. If Government proposes to consolidate
VGFN Prepare and present views, including comments on potential adverse effects. Within a reasonable time period
Canada, Yukon

Provide full and fair consideration to views presented by VGFN.

At discretion and if there is agreement that there are no adverse effects to VGFN, consolidate the plans.

 

Planning Assumption

  1. This activity may be initiated at the request of VGFN.

PROJECT:
Review of public service job descriptions

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Government shall review job descriptions and other requirements for public service positions to ensure that:

implicit or explicit cultural bias is eliminated in the hiring and promotional process; and

employment requirements are reasonable relative to the work, and free of standards and requirements that unfairly reduce the opportunities for residents of the Vuntut Gwitchin First Nation Traditional Territory to obtain employment and to receive promotions.

REFERENCED CLAUSES:
Chapter 22 Schedule A Part I 1.7; Cross reference Chapter 22 Schedule A Part I 1.1

Responsibility Activities Timing
Canada, Yukon Review job descriptions in the public service for employees in the Yukon. After Effective Date
Canada, Yukon Make available to VGFN the conclusions of the review, including information with respect to the approach followed in making any changes to job descriptions or other requirements for public service positions. At request of VGFN

Planning Assumption

  1. It is anticipated that when reviewing job descriptions Government will consider relevant information gathered during the development of the plan under Chapter 22, Schedule A, Part I, 1.1

PROJECT:
Negotiation of a Project agreement

RESPONSIBLE PARTY:
Yukon, VGFN, Project developer

PARTICIPANT/LIAISON:
Canada

OBLIGATIONS ADDRESSED:
Where the Yukon has the jurisdiction to issue a Decision Document for a Project in the Traditional Territory of the Vuntut Gwitchin First Nation which is reviewed by a panel of YDAB, the Yukon Minister may require in the Decision Document that the developer, the Vuntut Gwitchin First Nation and the Yukon negotiate a Project agreement.

Project agreements referred to in 2.2 may include:

employment opportunities for Vuntut Gwitchin;

business opportunities for the Vuntut Gwitchin First Nation or for Vuntut Gwitchin, including contracts and the provision of goods and services;

investment opportunities for the Vuntut Gwitchin First Nation including equity purchase; and

other measures to mitigate negative socio-economic effects of the Project on Vuntut Gwitchin or the Vuntut Gwitchin First Nation.

The provisions in 2.2 shall expire on January 1, 2016, unless the parties to this Agreement agree to extend the period of the application of 2.2.

REFERENCED CLAUSES:
Chapter 22 Schedule A Part I 2.2, 2.3, 2.4; Cross reference Chapter 12, 12.3.6

Responsibility Activities Timing
Yukon At discretion of Yukon Minister, where Yukon has jurisdiction to issue a Decision Document reviewed by a panel of Yukon Development Assessment Board, include a provision in Decision Document to require VGFN, Yukon and developer to negotiate a Project agreement. Until Jan. l, 2016
Yukon, VGFN, Project developer Negotiate Project agreement. If required by Decision Document
Canada, Yukon, VGFN Enter agreement to extend period of application of 2.2. If agreed to by Parties to VGFA

Planning Assumptions

  1. The Yukon, Canada and CYI shall make best efforts to consider the inclusion of this provision in interim measures developed under Development Assessment Process.
  2. In developing government information or forms to be provided to prospective developers, Government will consider including information that encourages developers to discuss their projects with affected Yukon First Nations during the initial planning stages and prior to any reviews by a panel of the Yukon Development Assessment Board.

PROJECT:
Negotiation of economic development agreements.

RESPONSIBLE PARTY:
Canada, Yukon, VGFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Government may enter into economic development agreements with the Vuntut Gwitchin First Nation which provide:

technical and financial assistance for economic development purposes to residents of the Vuntut Gwitchin First Nation Traditional Territory and to organizations, businesses and corporations owned by those residents, Vuntut Gwitchin or the Vuntut Gwitchin First Nation;

for the participation of the Vuntut Gwitchin First Nation in the planning, management, administration and decision making of those programs and services; and

for measures to implement recommendations of the regional economic development plan.

Economic development agreements referred to in 3.1:

shall describe the purposes for which technical and financial assistance may be used;

may provide for a financial contribution by the Vuntut Gwitchin First Nation, consistent with the ability of the Vuntut Gwitchin First Nation to contribute; and

may provide for a financial contribution by Government for the purpose of the agreement.

The Vuntut Gwitchin First Nation shall have the right to nominate no less than one third of the members of any joint planning, management, advisory, or decision making body established pursuant to an economic development agreement referred to in 3.1.

REFERENCED CLAUSES:
Chapter 22 Schedule A Part I 3.1, 3.2, 3.3; Cross reference 22.6.6; Chapter 22 Schedule A Part I 6.0

Responsibility Activities Timing
Canada, Yukon, VGFN At discretion of any Party, initiate request to negotiate economic development agreement(s) with VGFN. After Effective Date
Canada, Yukon, VGFN Assess need to negotiate economic development agreement(s).  
Parties Respond to request to enter negotiations. Within a reasonable period of time
Canada, Yukon, VGFN Negotiate economic development agreement(s). If Parties agree
Canada, Yukon, VGFN Consider the regional economic development plan, if completed, and any other relevant information. When negotiating an economic development agreement(s)
VGFN Nominate no less than one third of the members of any joint planning, management, advisory or decision making body. If established pursuant to an economic development agreement(s)

PROJECT:
Negotiation of terms and conditions for acquiring interest in a Project

RESPONSIBLE PARTY:
VGFN, Proponent

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
The Vuntut Gwitchin First Nation shall have the option to acquire up to 25 percent of the interest of a Proponent in a Project.

Subject to 4.5 and 4.6, and after notice has been given under 4.7.2, the Proponent and the Vuntut Gwitchin First Nation, at the request of the Vuntut Gwitchin First Nation, shall negotiate the terms and conditions of the Vuntut Gwitchin First Nation acquiring its interest in a Project.

At any time at least 270 days after notice has been given under 4.7.2, the Proponent may provide in writing to the Vuntut Gwitchin First Nation an offer setting out all the proposed terms and conditions of the Vuntut Gwitchin First Nation acquiring its interest pursuant to 4.2 in the Project.

The offer referred to in 4.5 shall be open for acceptance by the Vuntut Gwitchin First Nation for 30 days, and, failing acceptance of the offer, the Proponent shall have no further obligation to the Vuntut Gwitchin First Nation under 4.0 for that Project.

The Proponent shall, as soon as practicable:

give notice to the Vuntut Gwitchin First Nation of completion of all studies of and investigations into the feasibility of a Project and make those studies available to the Vuntut Gwitchin First Nation; and

give notice to the Vuntut Gwitchin First Nation of receipt of all regulatory approvals required to start construction of a Project.

REFERENCED CLAUSES:
Chapter 22 Schedule A Part I 4.2, 4.4, 4.5, 4.6, 4.7; Cross reference 22.6.6; Chapter 22 Schedule A Part I 4.1, 4.3, 4.8, 4.11

Responsibility Activities Timing
Proponent Communicate to VGFN about any proposed projects within VGFN Traditional Territory. Annually and preferably at least six months prior to offering an option to VGFN
Proponent Provide general information with respect to proposed projects. At request of VGFN and within a reasonable period of time after request
Proponent Provide notice to VGFN of completion of all studies and investigations into the feasibility of a project. As soon as practicable
Proponent Make studies available to VGFN. At request of VGFN
Proponent Provide notice to VGFN of receipt of all regulatory approvals. As soon as practicable after receipt of regulatory approvals
VGFN Enter into negotiations re: terms and conditions of acquiring an interest in the Project. After Proponent provides above notice, and after request by VGFN
Proponent Provide to VGFN a written offer setting out terms and conditions for acquiring an interest in the Project pursuant to 5.2. If Parties have not agreed on terms and conditions and at least 270 days after notice given under 5.7.2

Planning Assumption

  1. If both agree to do so, the Proponent and the VGFN may enter into discussions prior to the receipt of all regulatory approvals, concerning acquisition of an interest in a Project by the VGFN.

PROJECT:
Offer to purchase Vuntut Gwitchin First Nation interest in a Project

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:
Proponent

OBLIGATIONS ADDRESSED:
Unless otherwise agreed by all the parties owning an interest in a Project, the Vuntut Gwitchin First Nation, upon receipt of a bona fide offer to purchase all or a portion of the interest it acquired in the Project pursuant to 4.2, which offer it is ready and willing to accept, shall communicate the terms of the offer to the Proponent, which shall have the first right to purchase that interest or portion thereof at the price and on the terms set out in the offer.

The Proponent may exercise the first right to purchase set out in 4.9 at any time during 30 days from the date on which it receives notice of the said bona fide offer, by advising the Vuntut Gwitchin First Nation in writing of its intention to exercise the right and to complete the purchase of the said interest or portion thereof within the following 100 days.

REFERENCED CLAUSES:
Chapter 22 Schedule A Part I 4.9, 4.10; Cross reference 22.6.6

Responsibility Activities Timing
VGFN Unless otherwise agreed by all the parties owning an interest: If ready and willing to accept an offer to purchase VGFN interest, communicate terms of offer to the Proponent. Upon receipt of a bona fide offer to purchase VGFN interest
Proponent Advise VGFN in writing of Proponent's intention to exercise its first right to purchase, if Proponent decides to exercise right. Within 30 days after receipt of notice re: offer
Proponent Complete purchase of said interest or portion. If Proponent decides to purchase, within 100 days after giving notice of intention to buy the VGFN interest

PROJECT:
Location of meetings

RESPONSIBLE PARTY:
Government, VGFN

PARTICIPANT/LIAISON:
Regional Land Use Planning Commission

OBLIGATIONS ADDRESSED:
Meetings required between Government and the Vuntut Gwitchin First Nation on management plans for Special Management Areas established in the Vuntut Gwitchin First Nation Traditional Territory pursuant to this Agreement, or following the Effective Date of this Agreement, shall be held, to the extent practicable, in the community of Old Crow.

Meetings required between Government and the Vuntut Gwitchin First Nation with regard to land use planning for a planning region which includes any part of the Vuntut Gwitchin First Nation Traditional Territory shall be held, to the extent practicable, equitably in the communities of the planning region.

The regional planning commission shall be the body responsible for deciding in which communities the meetings referred to in 5.2 shall be held.

REFERENCED CLAUSES:
Chapter 22 Schedule A Part I 5.1, 5.2, 5.3; Cross reference Chapter 10 Chapter 11

Responsibility Activities Timing
Government, VGFN To the extent practicable, agree to hold a meeting re: management plans for Special Management Areas in Old Crow. As required
Government, VGFN Hold meetings with regard to land use planning for a planning region which includes any part of the VGFN Traditional Territory, in the communities designated for the meetings by the regional planning commission. As required

PROJECT:
Preparation of Vuntut Gwitchin First Nation regional economic development plan.

RESPONSIBLE PARTY:
Canada, Yukon, VGFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
No later than one year after the Effective Date of this Agreement, Government and the Vuntut Gwitchin First Nation shall jointly undertake the preparation of a regional economic development plan for the Vuntut Gwitchin First Nation Traditional Territory.

The regional economic development plan shall:

examine the state of the economy in the Traditional Territory;

recommend appropriate types of economic development activities which are consistent with the principles of Sustainable Development;

recommend priorities for economic development in the Traditional Territory;

recommend measures to integrate the Vuntut Gwitchin First Nation economic development opportunities plan required pursuant to 22.3.1 with the regional economic development plan for the Traditional Territory;

recommend measures to integrate the regional economic development plan with the overall Yukon economy strategy;

recommend actions which Government and the Vuntut Gwitchin First Nation should take to implement the regional economic development plan;

provide for periodic review and evaluation of the regional economic development plan; and

recommend a process of amendment for the plan.

Nothing in 6.1 and 6.2 shall be construed to impose on Government or the Vuntut Gwitchin First Nation an obligation to implement the recommendations of the regional economic development plan.

Nothing in the regional economic development plan shall be construed to:

prevent the Vuntut Gwitchin First Nation from accessing or making use of economic development programs of general application available to a Yukon resident or a Canadian citizen; or

restrict access by Vuntut Gwitchin to any other employment or training position available outside the Vuntut Gwitchin First Nation's Traditional Territory.

REFERENCED CLAUSES:
Chapter 22 Schedule A Part I 6.1, 6.2, 6.3, 6.4; Cross reference 22.3.1; Chapter 22 Schedule A Part I, 3.1, 3.2

Responsibility Activities Timing
Canada, Yukon, VGFN

Undertake preparation of a regional economic development plan for the VGFN Traditional Territory:

  • Review the plan developed pursuant to 22.3.1 to determine how it may be integrated with the regional economic development plan;
  • Develop planning methodology;
  • Identify priority sectors of the economy to be the subject of the plan, including ongoing re-prioritizing for sectors yet to be planned; and
  • Prepare the plan, including recommended actions for implementation.
No later than one year after Effective Date and following completion of plan under 22.3.1

PROJECT:
Inclusion of criteria for special aboriginal or local knowledge.

RESPONSIBLE PARTY:
Boards in 2.12.1, Designated Office (12.2.0)

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
The Boards referred to in 2.12.1 and the Designated Office defined in 12.2.0 shall consider the inclusion of criteria for special aboriginal or local knowledge when establishing specifications for contract opportunities and job descriptions for any employment activities which a Board or a Designated Office may have.

Nothing in 6.1 shall be construed to mean that a criterion for Vuntut Gwitchin employment shall be the determining criterion in awarding any contract.

REFERENCED CLAUSES:
Chapter 22 Schedule A Part I 7.1, 7.2; Cross reference Implementation Plan, Annex B, Part I, Board Services and Facilities

Responsibility Activities Timing
Boards listed in 2.12.2, Designated Office under 12.2.0 Consider the inclusion of criteria for special aboriginal or local knowledge. When establishing specifications for contract opportun-ities and job descriptions

PROJECT:
Right to acquire new commercial freshwater fishing permits or licences

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
VGFN

OBLIGATIONS ADDRESSED:
The Vuntut Gwitchin First Nation shall have the right of first refusal to acquire new commercial freshwater fishing permits or licences in the Vuntut Gwitchin First Nation Traditional Territory until the Vuntut Gwitchin First Nation and Vuntut Gwitchin Firms together have been allocated 25 percent of commercial freshwater fish quota in the Vuntut Gwitchin First Nation Traditional Territory.

The Vuntut Gwitchin First Nation shall apply to Government for such licences or permits offered under 1.0, 2.0 or 3.0 within one year of the offer of a licence or permit under 1.0, 2.0, or 3.0, failing which the right of first refusal for that licence or permit shall lapse.

A licence or permit in respect of which a right of first refusal has lapsed under 5.3 shall not be considered a licence or permit offered to the Vuntut Gwitchin First Nation under 1.0, 2.0 or 3.0.

When the Vuntut Gwitchin First Nation applies for a licence or permit pursuant to 5.3 and satisfies the requirements which otherwise apply to obtaining that licence or permit, Government shall allocate the licence or permit to the Vuntut Gwitchin First Nation.

In allocating the permits and licences referred to in 1.0, 2.0 and 3.0 which are remaining after those specifically allocated to the Vuntut Gwitchin First Nation, Government shall take into account the special circumstances of the Vuntut Gwitchin First Nation in its Traditional Territory.

A renewal or assignment of a licence or permit shall not be considered a new licence or permit for the purpose of the calculation of the licences or permits required to be offered under 1.0, 2.0 and 3.0.

Nothing in 1.0, 2.0, or 3.0 shall be construed to obligate Government to replace any licence or permit obtained by the Vuntut Gwitchin First Nation under these provisions which licence or permit the Vuntut Gwitchin First Nation has sold or assigned.

Nothing in 1.0, 2.0, or 3.0 shall be construed to prevent the Vuntut Gwitchin First Nation or a Vuntut Gwitchin from acquiring additional permits or licences through the normal regulatory process.

The right of first refusal pursuant to 1.0, 2.0, 3.0 shall expire on January 1, 2016, unless the parties to this Agreement agree to extend the period of the application of that provision.

REFERENCED CLAUSES:
Chapter 22 Schedule A Part II 1.1, 5.3, 5.4, 5.5, 5.6, 5.7, 5.8, 5.9; Cross reference 16.5.4; Chapter 22 Schedule A Part II 5.1

Responsibility Activities Timing
Yukon Communicate with VGFN if Yukon is considering issuing new commercial freshwater fishing permits or licences in the Traditional Territory of VGFN. Prior to making decision about issuing new licences
VGFN At discretion, consider issue and provide comments to Yukon. Within a reasonable period of time
Yukon Notify VGFN of decision and offer licence or permit to VGFN. Upon decision to issue new commercial freshwater fishing permits or licences until VGFN or VGFN firms have been allocated 25% of quota or until Jan. 1, 2016, unless otherwise agreed
VGFN At discretion, respond to offer. Within one year of offer of licence or permit
Yukon Provide information re: allocations of commercial freshwater fish licences or permits, and on the associated commerical freshwater fish quotas, in the VGFN Traditional Territory. Upon request of VGFN

Planning Assumption

  1. A commercial freshwater fish quota is established whenever commercial freshwater fishing permits or licences are issued in an area or for a particular lake.

PROJECT:
Right to acquire new licences or permits in the commercial wilderness adventure travel industry.

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
VGFN

OBLIGATIONS ADDRESSED:
If Government establishes a quota for a sector of the commercial wilderness adventure travel industry in the Vuntut Gwitchin First Nation Traditional Territory, the Vuntut Gwitchin First Nation shall have a right of first refusal to acquire new licences or permits as follows:

in the first year that Government establishes a quota, Government shall offer to the Vuntut Gwitchin First Nation in its Traditional Territory:

  • the number of permits or licences equal to 25 percent of the quota established by Government, less the number of permits or licences which are required to allow existing operations which are held by a Vuntut Gwitchin Firm to operate at their then existing level, or
  • the number of permits or licences which remains after the then existing operators in the Vuntut Gwitchin First Nation Traditional Territory have received the permits or licences which are required to allow them to operate at their then existing level,

whichever is less; and

in the second year, and each year thereafter, Government shall offer to the Vuntut Gwitchin First Nation any new licences or permits issued by Government from time to time until the Vuntut Gwitchin First Nation and Vuntut Gwitchin Firms together have been allocated 25 percent of the quota in effect from time to time.

The Vuntut Gwitchin First Nation shall apply to Government for such licences or permits offered under 1.0, 2.0 or 3.0 within one year of the offer of a licence or permit under 1.0, 2.0, or 3.0, failing which the right of first refusal for that licence or permit shall lapse.

A licence or permit in respect of which a right of first refusal has lapsed under 5.3 shall not be considered a licence or permit offered to the Vuntut Gwitchin First Nation under 1.0, 2.0 or 3.0.

When the Vuntut Gwitchin First Nation applies for a licence or permit pursuant to 5.3 and satisfies the requirements which otherwise apply to obtaining that licence or permit, Government shall allocate the licence or permit to the Vuntut Gwitchin First Nation.

In allocating the permits and licences referred to in 1.0, 2.0 and 3.0 which are remaining after those specifically allocated to the Vuntut Gwitchin First Nation, Government shall take into account the special circumstances of the Vuntut Gwitchin First Nation in its Traditional Territory.

A renewal or assignment of a licence or permit shall not be considered a new licence or permit for the purpose of the calculation of the licences or permits required to be offered under 1.0, 2.0 and 3.0.

Nothing in 1.0, 2.0, or 3.0 shall be construed to obligate Government to replace any licence or permit obtained by the Vuntut Gwitchin First Nation under these provisions which licence or permit the Vuntut Gwitchin First Nation has sold or assigned.

Nothing in 1.0, 2.0, or 3.0 shall be construed to prevent the Vuntut Gwitchin First Nation or a Vuntut Gwitchin from acquiring additional permits or licences through the normal regulatory process.

The right of first refusal pursuant to 1.0, 2.0, 3.0 shall expire on January 1, 2016, unless the parties to this Agreement agree to extend the period of the application of that provision.

REFERENCED CLAUSES:
Chapter 22 Schedule A Part II 2.1, 5.3, 5.4, 5.5, 5.6, 5.7, 5.8, 5.9; Cross reference Chapter 22 Schedule A Part II 5.1

Responsibility Activities Timing
Government Following Consultation required in Chapter 22, Schedule A, Part II, 5.1, notify VGFN of decision to establish quota and offer licence or permit pursuant to 2.1.1. In the first year that Government establishes a quota
Government Offer any new licence or permit issued by Government. In second year of establishing quota and each year thereafter, until VGFN or VGFN firms have been allocated 25% of the quota or until Jan. 1, 2016, unless otherwise agreed
VGFN Respond to offer. Within one year of offer of licence or permit and at discretion of VGFN
Government Issue licence or permit. If VGFN applies and satisfies requirements

Planning Assumption

  1. A definition of existing wilderness adventure travel operators will be established in consultation with Yukon First Nations and the wilderness adventure travel industry, prior to establishing a quota for a sector of the commercial wilderness travel industry.

PROJECT:
Right to acquire new licences or permits in the commercial freshwater sports fishing industry.

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
VGFN

OBLIGATIONS ADDRESSED:
If Government establishes a quota for the commercial freshwater sports fishing industry in the Vuntut Gwitchin First Nation Traditional Territory, the Vuntut Gwitchin First Nation shall have a right of first refusal to acquire new licences or permits as follows:

in the first year that Government establishes a quota, Government shall offer to the Vuntut Gwitchin First Nation,

  • the number of permits or licences equal to 25 percent of the number of the quota established by Government, less the number of permits or licences which are required to allow existing operations which are held by Vuntut Gwitchin Firms to operate at their then existing level, or
  • the number of permits or licences which remains after the then existing operation in the Vuntut Gwitchin First Nation Traditional Territory have received the licences or permits which are required to allow them to operate at their then existing level,

whichever is less; and

in the second year, and in each year thereafter, Government shall offer to the Vuntut Gwitchin First Nation any new licences or permits issued by Government from time to time until the Vuntut Gwitchin First Nation and Vuntut Gwitchin Firms together have been allocated 25 percent of the quota in effect from time to time.

The Vuntut Gwitchin First Nation shall apply to Government for such licences or permits offered under 1.0, 2.0 or 3.0 within one year of the offer of a licence or permit under 1.0, 2.0, or 3.0, failing which the right of first refusal for that licence or permit shall lapse.

A licence or permit in respect of which a right of first refusal has lapsed under 5.3 shall not be considered a licence or permit offered to the Vuntut Gwitchin First Nation under 1.0, 2.0 or 3.0.

When the Vuntut Gwitchin First Nation applies for a licence or permit pursuant to 5.3 and satisfies the requirements which otherwise apply to obtaining that licence or permit, Government shall allocate the licence or permit to the Vuntut Gwitchin First Nation.

In allocating the permits and licences referred to in 1.0, 2.0 and 3.0 which are remaining after those specifically allocated to the Vuntut Gwitchin First Nation, Government shall take into account the special circumstances of the Vuntut Gwitchin First Nation in its Traditional Territory.

A renewal or assignment of a licence or permit shall not be considered a new licence or permit for the purpose of the calculation of the licences or permits required to be offered under 1.0, 2.0 and 3.0.

Nothing in 1.0, 2.0, or 3.0 shall be construed to obligate Government to replace any licence or permit obtained by the Vuntut Gwitchin First Nation under these provisions which licence or permit the Vuntut Gwitchin First Nation has sold or assigned.

Nothing in 1.0, 2.0, or 3.0 shall be construed to prevent the Vuntut Gwitchin First Nation or a Vuntut Gwitchin from acquiring additional permits or licences through the normal regulatory process.

The right of first refusal pursuant to 1.0, 2.0, 3.0 shall expire on January 1, 2016, unless the parties to this Agreement agree to extend the period of the application of that provision.

REFERENCED CLAUSES:
Chapter 22 Schedule A Part II 3.1, 5.3, 5.4, 5.5, 5.6, 5.7, 5.8, 5.9; Cross reference 16.5.4, Chapter 22 Schedule A Part II 5.1

Responsibility Activities Timing
Yukon Following Consultation required in Chapter 22, Schedule A, Part II, 5.1, notify VGFN of decision to establish quota and offer licence or permit pursuant to 3.1.1. In the first year that Yukon establishes a quota
Yukon Offer any new licence or permit issued by Yukon. In the second year of establishing quota and each year thereafter until VGFN or VGFN firms have been allocated 25% of the quota or until Jan. 1, 2016 unless otherwise agreed
VGFN At discretion, respond to offer. Within one year of offer of licence or permit
Yukon Issue licence or permit. If VGFN applies and satisfies requirements

PROJECT:
Right to acquire outfitting concessions.

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
VGFN

OBLIGATIONS ADDRESSED:
The Vuntut Gwitchin First Nation shall have the exclusive opportunity to any new big game outfitting concession within its Traditional Territory.

REFERENCED CLAUSES:
Chapter 22 Schedule A Part II 4.1; Cross reference 16.5.4

Responsibility Activities Timing
Yukon, VGFN Jointly discuss whether to establish a concession within VGFN Traditional Territory, and of any terms and conditions. Upon establishing a new outfitting concession in VGFN Traditional Territory
Yukon If agreement on issuance of concession and its terms and conditions, issue outfitting concession to VGFN.  

PROJECT:
Establishment of limits and/or terms and conditions applicable to the commercial wilderness adventure travel industry and for commercial freshwater sports fishing.

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
VGFN

OBLIGATIONS ADDRESSED:
Government shall Consult with the Vuntut Gwitchin First Nation in deciding whether a limit, and, if so, what limit, should be placed on the number of permits or licences, and on the terms and conditions, if any, that should apply to those permits or licences for a sector of the commercial wilderness adventure travel industry or for commercial freshwater sports fishing in the Vuntut Gwitchin First Nation Traditional Territory.

REFERENCED CLAUSES:
Chapter 22 Schedule A Part II 5.1; Cross reference Chapter 22 Schedule A Part I 3.0, 6.0; 16.6.9, 16.6.10.10

Responsibility Activities Timing
Yukon Notify VGFN when Yukon is considering imposing a limit on number of permits and licences, and of any terms and conditions applicable to such licences or permits. Provide details to VGFN. Prior to making a decision to impose a limit, or to apply terms and conditions to licences or permits
VGFN Prepare and present views on proposed limit or proposed terms and conditions. Within a reasonable period of time after notification by Yukon
Yukon Provide full and fair consideration of views presented.  
Yukon Make decision whether to impose limits and/or terms and conditions. After consultation with VGFN
Yukon Communicate decision to VGFN.  

Planning Assumption

  1. Yukon may consider imposing a limit pursuant to this clause as a result of any recommendations in the regional economic development plan, economic development agreements, and from the Renewable Resources Council pursuant to 16.6.9 and 16.6.10.10.

PROJECT:
Joint ventures or other arrangements re: use of a permit or licence for commercial freshwater fishing, commercial wilderness adventure travel or commercial freshwater sports fishing.

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:
Yukon

OBLIGATIONS ADDRESSED:
The Vuntut Gwitchin First Nation may enter into joint ventures or other arrangements with other Persons to use a permit or licence allocated to the Vuntut Gwitchin First Nation pursuant to 1.0, 2.0 or 3.0.

REFERENCED CLAUSES:
Chapter 22 Schedule A Part II 5.2; Cross reference Chapter 22 Schedule A Part II 5.7

Responsibility Activities Timing
VGFN Enter into joint ventures or other arrangements. At discretion of VGFN

Planning Assumption

  1. Any requirement for notification of Yukon by VGFN will be addressed in the licence or permit requirements.

PROJECT:
Calculation of Resource Royalty payments

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
VGFN

OBLIGATIONS ADDRESSED:
In the event that Canada transfers to the Yukon the authority to receive or to levy and collect royalties in respect of the production of a Resource, the following arrangements shall apply:

the Yukon shall, subject to 23.2.2, pay to the Yukon First Nations, annually, an amount equal to,

(a) 50 percent of the first two million dollars of any amount by which the Crown Royalty exceeds the Yukon First Nation royalty, in respect of that year, and

(b) 10 percent of any additional amount by which the Crown royalty exceeds the Yukon First Nation Royalty in respect of that year.

Subject to 23.2.5, the amount due to Yukon First Nations pursuant to 23.2.1 in any year shall not exceed the amount which, if distributed equally among all Yukon Indian People, would result in an average per capita income for Yukon Indian People equal to the Canadian average per capita income.

The amounts due pursuant to 23.2.1 shall be prorated among Yukon First Nations on the same basis as Schedule A - Apportionment of the 1989 Aggregate Value, attached to Chapter 19 - Financial Compensation.

The amounts referred to in 23.2.4 shall, in each year, be payable only to those Yukon First Nations who have entered into a Yukon First Nation Final Agreement during or prior to that year. The amounts allocated to Yukon First Nations which have not entered into Yukon First Nation Final Agreements shall not be payable and shall remain vested in the Yukon.

In the event that, following payment, there is determined to have been an overpayment or underpayment to a Yukon First Nation in any year, such variance may be adjusted for in the payment in the following year.

REFERENCED CLAUSES:
23.2.1, 23.2.2, 23.2.4, 23.2.5, 23.2.6; Cross reference 23.1.0, 23.2.8

Responsibility Activities Timing
VGFN Provide information to Yukon with respect to the production amount on which a Royalty has been paid on Category A Settlement Land and the reasonable costs of collection of VGFN Royalty. Annually, after devolution of authority to Yukon to receive or to levy and collect royalties in respect of the production of a Resource
Yukon, VGFN Review proposals for calculations of the amount payable as set out in 23.2.1.1, 23.2.2 and 23.2.4. Annually
Yukon Pay amount due to VGFN and include information re: basis for calculation. Annually, following first activity
Yukon If there has been an overpayment or under payment to VGFN, adjust payment in following year. Annually

Planning Assumptions

  1. "All Yukon Indian People" for the purpose of the calculation required in clause 23.2.2 refers to the total number of Yukon Indian People whose names appear on the official enrollment list published prior to the date the payments are due.
  2. Canadian average per capita income for any given year will be that published by Statistics Canada for the year preceding the year in which the royalty payments are paid.

PROJECT:
Granting of fee simple interest within VGFN Traditional Territory

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
VGFN

OBLIGATIONS ADDRESSED:
The Yukon shall Consult with a Yukon First Nation before granting a fee simple interest within that Yukon First Nation's Traditional Territory in any Resource.

REFERENCED CLAUSES:
23.2.3; Cross reference 23.1.0

Responsibility Activities Timing
Yukon Notify VGFN of application for fee simple interest in any Resource within VGFN Traditional Territory. Provide details to VGFN. Upon receipt of application for a fee simple interest in any Resource
VGFN Prepare and present views. Within reasonable time period
Yukon Provide full and fair consideration to views presented.  

PROJECT:
Changes to fiscal regime

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
VGFN, other YFNs

OBLIGATIONS ADDRESSED:
While the parties to the Umbrella Final Agreement acknowledge that nothing in the Umbrella Final Agreement constitutes any commitment to shared management of the Resources between Government and Yukon First Nations, the Yukon shall Consult with Yukon First Nations before making changes to the fiscal regime which would change the Crown Royalty regime.

REFERENCED CLAUSES:
23.2.7

Responsibility Activities Timing
Yukon Notify Yukon First Nations of proposal to make changes to the fiscal regime which would change the Crown Royalty regime. Provide details. Within a reasonable period of time in advance, when proposing a change
VGFN Prepare and present views. Within reasonable time period
Yukon Provide full and fair consideration to views presented. Prior to making amendments to fiscal regime
Yukon Amend fiscal regime and notify Yukon First Nations of change. Amend payments under 23.2.1.1. As required by change

PROJECT:
Construction of all-weather road to Old Crow

RESPONSIBLE PARTY:
Government, VGFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
subject to the following Special Conditions:

R-1A - Government shall not construct any all-weather road on the Parcel which connects with the community of Old Crow, as defined in 21.2.2 of this Agreement, within twenty years of the Effective Date of this Agreement, without the consent of the Vuntut Gwitchin First Nation.

R10A - Government shall not construct any all-weather road on the Parcel which connects with the community of Old Crow, as defined in 21.2.2 of this Agreement, within twenty years of the Effective Date of this Agreement, without the consent of the Vuntut Gwitchin First Nation.

R11A - Government shall not construct any all-weather road on the Parcel which connects with the Community of Old Crow, as defined in 21.2.2 of this Agreement, within twenty years of the Effective Date of this Agreement, without the consent of the Vuntut Gwitchin First Nation.

REFERENCED CLAUSES:
Appendix A - Description of Settlement Land: R-1A, R-10A, R-11A; Cross reference 11.10.0

Responsibility Activities Timing
Government Request consent from VGFN to construct an all-weather road on the Parcel which connects the community of Old Crow. If proposing to construct the road within 20 years of the Effective Date
VGFN Review request and grant or deny consent. Within a reasonable period of time

PROJECT:
Review of reservation on Settlement Land R-5A

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
VGFN

OBLIGATIONS ADDRESSED:
subject to the following Special Conditions:

  • any reservation established for the Department of Fisheries and Oceans as a result of Application 13521;
  • from time to time, upon request by the Vuntut Gwich'in First Nation, Government shall review and provide written justification to the Vuntut Gwich'in First Nation for the continued requirement for any reservation which results from Application 13521 and if Government determines it no longer requires the reservation, Government shall cancel the reservation.

REFERENCED CLAUSES:
Appendix A - Description of Settlement Land: R-5A

Responsibility Activities Timing
VGFN Request review and written justification for continued requirement for any reservation which results from Application 13521. From time to time
Canada (DFO)

Review VGFN request to determine necessity for the continuation of any reservation which results from Application 13521.

If reservation no longer required, cancel the reservation and notify VGFN of cancellation.

If reservation required, provide written justification to VGFN.

As soon as practicable after request
VGFN If reservation required, review written justification.  

PROJECT:
Tuttle Airstrip

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
VGFN

OBLIGATIONS ADDRESSED:
Tuttle Airstrip:

  • Reservation 116I07-0000-00006 shall be cancelled 15 years after the Effective Date of this Agreement unless there has been significant development for airport purposes upon the land described in the reservation;
  • following completion of the airport development, Government shall, in Consultation with the Vuntut Gwich'in First Nation, review the area of the reservation and if Government determines it no longer requires any portion of the reservation, Government shall delete that portion from the reservation.
  • upon request by the Vuntut Gwich'in First Nation during the period when Government is using the reservation for airport purposes, Government shall grant the First Nation the right to use up to 5 hectares of the reservation, which shall be suitable for hangar purposes, for purposes consistent with the airport upon such terms and conditions as the Parties may agree.

REFERENCED CLAUSES:
Appendix A - Description of Settlement Land: R-6A

Responsibility Activities Timing
Government During the period when Government is using the reservation for airport purposes, enter negotiations regarding the use of up to 5 hectares of the reservation. At request of VGFN
Government If there has been no significant development for airport purposes, cancel Reservation 116I07-0000- 00006. 15 years after the Effective Date
Government If airport development has been undertaken and completed, notify VGFN of intention to review the area of the reservation. Provide details.  
VGFN Prepare and present views. Within a reasonable period of time
Government Provide full and fair consideration to views presented. If Government determines that any portion of the reservation is no longer required, delete that portion from the reservation. Notify VGFN of any deletions from the reservation.  





Annex B Commissions, Councils and Committees

Application

This Annex applies as provided herein to the:

Renewable Resources Council

Regional Land Use Planning Commission

Settlement Land Committee

hereinafter called the "Boards".

Contents

This Annex has five parts:

Part I - General Provisions

Part 2 - Board Training and Cross-Cultural Orientation and Education

Part 3 - Arrangements for the Provision of Aboriginal Language Services to the Boards

Part 4 - Board Mandates and Activities

Part 5 - Board Budgets and Related Arrangements.

These parts, as they apply, are to be read together. Their provisions reflect the agreement of the Parties with respect to the establishment and operation of the Boards, and the related arrangements and activities which the Parties expect to perform in those connections.

Part 1 General Provisions

Initial Nominations and Appointments
Renewable Resources Council

Each Party has a right to nominate Board members as provided by the UFA in paragraph 2.12.2 and in respect of each Board.

The process of nomination and appointment will require each Party to identify, recruit and select nominees in an effective manner. The procedures and criteria to be used in that respect are within the discretion of the nominating Party.

To establish the initial complement of Board members, each Party should commence its procedures to identify prospective nominees upon ratification of the UFA by all Parties. The Minister will request nominations pursuant to UFA 2.12.2.2 as soon as practicable after the date of signing by all Parties.

Nominations, including a statement of the initial term for which a particular nomination may be made (UFA 2.12.2.11), shall be forwarded to the Minister within the time provided by 2.12.2.2 The Minister will appoint the nominees in sufficient time for the Boards to be in place as indicated in Part 4 of this Annex.

In order to facilitate these procedures, each Party should confirm with its proposed nominees their readiness to serve, prior to submitting its nominations to the Minister. If a nominee declines an appointment, the Minister and the nominating Party should take steps as soon as practicable to ensure that another nominee is identified and appointed.

Initial Nominations and Appointments
Regional Land Use Planning Commission and Settlement Land Committee

The initial nominations and appointments for the Regional Land Use Planning Commission and Settlement Land Committee will be made as provided in Part 4 of this Annex B.

On-Going Process for Nominations and Appointments -- Renewable Resources Council and Regional Land Use Planning Commission

1. Replacement of Board Members

Upon termination of the initial appointments, the Parties should follow the procedures outlined in UFA 2.12.2.2 to 2.12.2.4 and above, in respect of the initial appointments, to ensure that repeat or replacement nominations and appointments take effect in a timely manner. The Parties should use all best efforts to avoid vacancies arising on the Boards due to failures in the process of nomination and appointment.

If a vacancy during term arises on a Board, the Parties should follow the same procedures to ensure that a replacement nominee is appointed at the earliest practicable date for a term consistent with the provisions of UFA 2.12.2.11

2. Removal for Cause

The authority to remove a Board member lies with the appointing Minister. It is acknowledged that the Minister will choose whether to exercise that discretion on the basis of any relevant information which the Minister may receive. However, the Minister should act to remove a Board member only after consultation with the nominating Party, subject to requirements for confidentiality. A replacement for the member removed should be nominated and appointed as soon as practicable.

Where a Board chooses to specify grounds for removal of a member pursuant to UFA 2.12.2.7, that Board should communicate those grounds in writing to the nominating Parties and the Minister forthwith upon the adoption thereof by the Board.

3. Resignation of a Member

A Board may wish to establish rules or procedures concerning the resignation of Board members. It is recommended that Board members who wish to resign during their term be required to communicate their resignation in writing to the Board, and that the Board forthwith advise the Minister of the resignation. A replacement for the member who resigned should be nominated and appointed as soon as practicable.

Organization of the Board

For its effective working, the Renewable Resources Council and Regional Land Use Planning Commission, within the first 60 days after it is established by appointments, should convene at least one meeting. The initial meeting of the Board should be convened by the members with such organizational assistance from the appointing Minister or Minister's representative as may be required to complete necessary arrangements.

At its initial meeting or as soon as practicable thereafter, each Board should address:

  1. the selection or nomination of a Chair and/or Vice-Chair, as the UFA may provide in respect of that Board;
  2. any rules and procedures which it may require pursuant to UFA 2.12.2.7 and 2.12.2.10;
  3. the Board budget and the completion of related financial arrangements;
  4. any organizational and policy matters, and arrangements with respect to support services and facilities required, for the discharge of its mandate under the UFA;
  5. any arrangements required with respect to the training and cross-cultural orientation and education of Board members.

Board Services and Facilities

It is expected that the Renewable Resources Council and Regional Land Use Planning Commission will arrange for the support services and facilities they require. The Boards may cooperate in these arrangements, as they may find convenient. In determining their arrangements, the Boards should consider the training and economic opportunities which may be made available to Yukon First Nations and the specific provisions of the Vuntut Gwitchin First Nation Final Agreement.






Part 2 Board Training and Cross-Cultural Orientation and Education

This Part applies to the Renewable Resources Council, Regional Land Use Planning Commission and Settlement Land Committee.

For the purposes of UFA 2.12.2.9, 28.3.5, 28.3.7 and the Settlement Land Committee, Board training should include:

  1. training in Board procedures and functions;
  2. training directed to improve Board members' ability to carry out their responsibilities in the field or fields within the mandate of the Board;
  3. familiarization with the provisions of the UFA; and
  4. cross-cultural orientation and education.

Each aspect will involve different considerations.

1. Board procedures and functions

This training should reflect both internal Board needs and needs of the Board in relation to public process. It should enable a Board to develop the internal rules it may require and to develop its approach and organization for decision-making. This latter area may include matters of policy development, planning, priorization, time management and financial management. The appropriate time for the different aspects of this training to occur may vary from Board to Board.

It is strongly recommended that each Board assess and take steps, including budget provisions, to address its training requirements in these areas as soon as practicable after the Board is established. These requirements should be reassessed and addressed accordingly within 90 days after the termination of the initial appointments, for the benefit of the replacement nominees. The initial Board's need for and success with training should be considered by subsequent members when assessing their needs and the means by which those needs may be addressed.

Refresher training or specific needs for procedural advice during the term of a Board should be left for each Board to address as and when it so requires.

To ensure that appropriate training is available to the Boards, the Training Policy Committee, in consultation with the Boards, should develop the design and delivery of such training as the Boards may require or request. It is recommended that consideration be given to training in internal procedures and rules by way of a two or three day workshop to be held in Whitehorse. This workshop should be attended by the Chair and at least one other member of each policy Board.

Training in other topics may best occur in a small-group setting with each Board individually. Generally, the training program ought to be completed within the first 3 to 6 months after the effective date.

The Training Policy Committee should choose the facilitator or facilitators for the training program and develop the detailed curriculum in consultation with both the facilitator(s) and the Board Chairs. The suitability of training programs available through existing agencies, educational institutions or private contractors should be considered by the committee in the discharge of its task.

2. Training related to Board Mandate

Each Board should assess and take the steps necessary, including budget provisions, to address the needs of its members for training which will enable them to improve their ability to carry out their responsibilities in the field or fields within the Board's mandate. It is recommended that this occur as soon as practicable in the first year of each Board's term and at least annually thereafter. The specific program or initiatives to be taken in this area should be left to each Board to decide and arrange as it may require.

3. Familiarization with the UFA

All Parties have an interest in ensuring that the members of each Board understand the purposes of the Board under the UFA. All Parties also have an interest in ensuring that this understanding is achieved through appropriate, balanced procedures.

As provided in UFA 28.3.7, the Parties should jointly inform each Board about relevant provisions of the UFA, Yukon First Nation Final Agreements and implementation plans. This information program should be carried out in a co-operative, co-ordinated way. It should be completed within the first 90 days after the establishment of the Board, and repeated as necessary during the term of the Board or upon the expiry of the initial Board appointments.

Each Party should designate representatives who will participate in this program. The designated participants should include persons who will facilitate the program generally, as well as persons who have actual knowledge of the negotiations and considerations which led to the provisions of the agreements in each area.

4. Cross-Cultural Orientation and Education

On-going cross-cultural awareness and sensitivity will be important for the effective working of the Boards.

It is strongly recommended that each Board consider and take the steps necessary, including budget provisions, to ensure that its members have the benefit of cross-cultural orientation and education. This should be considered and addressed as soon as practicable in the term of each Board, and thereafter as may be required.

It is expected that cross-cultural orientation and education will have reference to the mandate of each Board and address cultural values, attitudes, strengths and differences in ways that enable the members of each Board, as a cross-cultural group, to work well together for the purposes of their mandate.

The Training Policy Committee should ensure that a suitable program of cross-cultural orientation and education is available to the Boards as the Boards may require or request. In consultation with the Boards, the Training Policy Committee should establish the design and delivery of the program and determine the appropriate facilitators, format and timing. In doing so, the Committee also should consider the suitability of existing services available in Yukon. It is expected, however, that no generic or presently existing program will prove entirely suitable - that is, that the needs of the Boards are unique.






Part 3 Aboriginal Language Services

This Part applies to the Renewable Resources Council, Regional Land Use Planning Commission and Settlement Land Committee.

The Boards should be able to conduct their proceedings in aboriginal languages when appropriate.

Aboriginal language services in Yukon are currently the subject of a multi-year agreement between Canada and Yukon. It is expected that aboriginal language services will be available to the Boards pursuant to such agreements as may be in place from time to time or through contracting with individuals or organizations for the services desired.

It is expected that all best efforts will be made to ensure that the language services the Boards may require will be available to them at the earliest practicable date.






Part 4 Board Mandates and Activities

The following provisions address the mandate and expected activities, and relevant specific arrangements, in respect of each of the Boards.

RENEWABLE RESOURCES COUNCIL (Vuntut Gwitchin First Nation Final Agreement 16.6.0)

Mandate

In the Vuntut Gwitchin First Nation's Traditional Territory, a Renewable Resources Council shall be established of the effective date of Settlement Legislation, as a primary instrument for local renewable resources management in the Traditional Territory (Vuntut Gwitchin First Nation Final Agreement 16.6.1).

The Renewable Resources Council, acting in the public interest and consistent with this chapter, may make recommendations to the Minister, the Vuntut Gwitchin First Nation, the Fish and Wildlife Management Board and the Salmon Sub-Committee on any matter related to Fish and Wildlife (Vuntut Gwitchin First Nation Final Agreement 16.6.9).

The Renewable Resources Council may make recommendations pursuant to the Vuntut Gwitchin First Nation Final Agreement 16.6.10.

The Renewable Resources Council may make recomendations to the Minister and the First Nation with respect to Forest Resources Management on Settlement Land and Non-Settlement Land within the Traditional Territory, including:

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

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

the policies, programs and Legislation which affect Forest Resources;

proposals for Forest Resources research;

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

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

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

measures for the control of forest pests and diseases; and

other matters relating to the protection and management of Forest Resources (17.4.0).

Organizational Structure

The Renewable Resources Council shall be comprised of six members and shall be established as of the Effective Date of Final Agreement (Vuntut Gwitchin First Nation Final Agreement 16.6.2).

The Minister of Renewable Resources shall nominate three persons to the Renewable Resources Council (Vuntut Gwitchin First Nation Final Agreement 16.6.2).

The Vuntut Gwitchin First Nation shall nominate three persons to the Renewable Resources Council (Vuntut Gwitchin First Nation Final Agreement 16.6.2).

One third of the initial appointments to the Renewable Resources Council shall be for three years, one third for four years, and one third for five years (Vuntut Gwitchin First Nation Final Agreement 16.6.5).

After the initial appointments, all appointments shall be for a five year term (Vuntut Gwitchin First Nation Final Agreement 16.6.5).

All appointments to the Renewable Resources Council shall be during good behaviour (Vuntut Gwitchin First Nation Final Agreement 16.6.5).

The Minister of Renewable Resources shall appoint the nominees to the Renewable Resources Council (Vuntut Gwitchin First Nation Final Agreement 2.12.2.3, 2.12.2.4).

Renewable Resources Council members shall be resident within the Vuntut Gwitchin First Nation's Traditional Territory (Vuntut Gwitchin First Nation Final Agreement 16.6.4).

A resident is a person who has long familaiarity with the Vuntut Gwitchin First Nation Traditional Territory and its renewable resources and who lives in the Vuntut Gwitchin First Nation Traditional Territory (Vuntut Gwitchin First Nation Final Agreement 16.6.4.1).

With the consent of the Minister of Renewable Resources and the Vuntut Gwitchin First Nation, the Renewable Resources Council may merge with other Renewable Resources Councils to establish a regional Council with the same powers and responsibilities as a Renewable Resources Council (Vuntut Gwitchin First Nation Final Agreement 16.6.12).

Operations

The Renewable Resources Council shall determine its own procedures for selecting its chairperson from its membership (Vuntut Gwitchin First Nation Final Agreement 16.6.3).

The Minister of Renewable Resources shall appoint the chairperson selected by the Renewable Resources Council (Vuntut Gwitchin First Nation Final Agreement 16.6.3).

In the event that the Renewable Resources Council fails to select a chairperson within 30 days of the position being vacant, the Minister shall appoint a chairperson from the membership of the Renewable Resources Council after Consultation with the Renewable Resources Council (Vuntut Gwitchin First Nation Final Agreement 16.6.3.1).

The Renewable Resources Council shall make provisions for public involvement in the development of its decision and its recommendations (Vuntut Gwitchin First Nation Final Agreement 16.6.6).

The Renewable Resources Council shall prepare an annual budget, subject to review and approval by Government, pursuant to Vuntut Gwitchin First Nation Final Agreement 16.6.7. The budget shall be in accordance with Government guidelines (Vuntut Gwitchin First Nation Final Agreement 16.6.7).

Activities

The Renewable Resources Council shall undertake activities as may be found in:

Chapter 10, in particular clauses 10.5.5 and 10.3.3, Schedule A including 6.0,

Chapter 16, in particular 16.3.14.1, 16.5.1.4, 16.5.1.10, 16.5.1.12, 16.5.1.15, 16.6.0 (16.6.1 to 16.6.17 inclusive), 16.7.12.7, 16.7.12.8, 16.7.12.9, 16.7.12.10, 16.7.14, 16.7.15, 16.7.17.12(d), 16.8.0 (16.8.1 to 16.8.14 inclusive), 16.9.2, 16.9.4, 16.9.8, 16.9.16, 16.11.1, 16.11.2, 16.11.3.4, 16.11.10.0, 16.13.2 and

Chapter 17, in particular clauses 17.2.2 and 17.4.0 (17.4.1 to 17.4.5 inclusive), 17.5.4.1.

Further information concerning activities associated with the Renewable Resources Council can be found in Activity Plans located in Vuntut Gwitchin First Nation Final Agreement Annex A for the referenced clauses including but not limited to:

10.3.3, 10.5.5, 10 Sched. A 6.2-6.7
16.6.7, 16.6.10.13, 16.6.15, 16.8.4, 16.8.12, 16.8.14, 16.9.16, 16.11.3.1,
16.11.3.1, 16.11.10.5, 16.13.2,
17.2.2, 17.5.1, 17.5.4.1.

YEAR 1 BUDGET

Honoraria:    
  Members $18,750.00
  Chair $ 6,250.00
Board:    
  Travel and accommodation $ 2,000.00
  Training $ 6,000.00
  Public hearings $ 3,000.00
  Information $ 2,000.00
  FWMB meeting $ 4,000.00
  Professional services $10,000.00
  Clerical $16,000.00
  Office $ 7,000.00
  TOTAL $75,000.00*

MULTI-YEAR FORECAST

Year 1 Year 2 Year 3
$75,000.00* $75,000.00* $75,000.00*

* Excludes any costs pursuant to Chapter 10, Schedule A, 6.10 and 7.1.






SETTLEMENT LAND COMMITTEE

Mandate and Activities

The Settlement Land Committee ("Committee") shall be responsible for:

  • the identification and selection of Site Specific Settlement Land out of Proposed Site Specific Settlement Land;
  • determining priorities for the survey of all Settlement Land;
  • indication to the Surveyor General of portions of boundaries, if any, of those Special Management Areas which should be considered for definition by survey in order to better serve the mutual interests of the Vuntut Gwitchin First Nation and the public;
  • receiving requests relating to the use and enjoyment of Proposed Site Specific Settlement Land by Yukon Indian People;
  • determining whether it is practicable to give effect to such requests and shall recommend to Canada or the Yukon, as the case may be, that it take such steps as the Committee considers appropriate.

Guidelines

  • Interim use of Site Specific Settlement Land;
  • a report of "...requests relating to the use and enjoyment of Proposed Site Specific Settlement Land..." will be kept by the Committee;
  • "...the identification and selection of Site Specific Settlement Land out of Proposed Site Specific Settlement..." will primarily be the responsibility of the VGFN as the entire Proposed Site Specific Parcel will have been agreed to by all parties. The other members of the Committee will have only to ensure that the selected area is within the Proposed Site Specific Parcel and that it is adequately defined for survey purposes;
  • it is not intended that the Committee act as a substitute for "land use planners". The Committee will only be responsible for approving requests to "occupy" the land but will not be required to approve specific uses in the event that the land is developed;
  • any other activities contained in the Vuntut Gwitchin First Nation Final Agreement.

Organizational Structure

The Committee shall be established no later than one month after the signing of the Vuntut Gwitchin First Nation Final Agreement. The representatives to the Committee shall be appointed as follows:

Canada Representative

The Department of Indian Affairs and Northern Development will appoint one person to represent the Department when the Settlement Land being dealt with was formerly under Federal administration.

The representative will be experienced in land issues, including survey requirements, and will have the authority to speak on behalf of the Department.

The position will be filled by the same person for the life of the individual Committee where possible.

Yukon Representative

Yukon will appoint one person to represent Yukon when the Settlement Land being dealt with was formerly under Yukon administration.

The representative will be experienced in land issues, including survey requirements, and will have the authority to speak on behalf of the Yukon.

The position will be filled by the same person for the life of the individual Committee where possible.

Vuntut Gwitchin First Nation Representatives

The Vuntut Gwitchin First Nation will appoint two persons to represent the First Nation, and its people, for all land selections negotiated by the Vuntut Gwitchin First Nation.

The representatives will be experienced in land issues, including survey requirements.

The positions will be filled by the same persons for the life of the individual Committee, where possible.

Chair

The Chair for the Committee will be appointed by the Surveyor General for Canada. The Surveyor General may decide not to appoint the same person for all Committees.

The position of Chair will be filled by the same person for the life of the individual Committee where possible.

The Chair will be an experienced Canada Lands Surveyor with authority to speak on behalf of the Legal Surveys Division (LSD) of Energy, Mines & Resources Canada (EMR).

EMR will employ to the extent possible local personnel to record and document all decisions made at meetings of the Committees.

Operations

The Settlement Land Committee will operate as follows:

Decision Making

All decisions will be made by consensus and in the event that a decision cannot be reached the problem will be referred to the Dispute Resolution process as described in section 26.3.0 of the UFA. The Chair will decide at what point there is an impasse on any particular decision.

Meetings

Meetings will be called by the Chair. Meetings will normally occur two to three times each year. Normally, there will be one meeting in the winter, to establish and review priorities, and one in the spring to review and approve survey reports and plans. Other meetings may occur as a result of requests arising from VGFN and the VGFN needs which have been related to the Chair. Meetings will be in the community of Old Crow unless reasons arise that make it more practical to meet elsewhere. Regardless, all members of the Committee will be consulted regarding the proposed location. Funding has been provided by Canada to the Vuntut Gwitchin First Nation to enable its nominees to participate in the proceedings of the Committee. Meeting facilities will be provided by the VGFN when the meetings are held in Old Crow.

Chair Responsibilities

To ensure that each Committee is in place within the prescribed period of one month following the signing of a final agreement;

To hold the first meeting as soon as practicable, as the parties agree;

To ensure that detailed information regarding land selections which has been prepared by the negotiators is made available for all meetings;

To ensure that necessary support information is made available by the Government and VGFN land administrators for all meetings;

To ensure that records of decision for all meetings are recorded and distributed to participants;

To present (at the plan approval stage) the surveyor's report to the committee. VGFN shall indicate the process by which VGFN consent will be secured;

To make every effort to reduce the number of decisions which are forwarded to the Dispute Resolution Board;

In collaboration with the Committee members, to alter guidelines and procedures to reflect the needs of the VGFN.

Subject to any amendment of the Plan by the Parties, Canada shall pay to VGFN $35,715 as its share of the amount identified for Settlement Land Committees.






REGIONAL LAND USE PLANNING COMMISSION

Mandate

A Regional Land Use Planning Commission ("Commission") shall develop a regional land use plan ("Plan") and shall recommend the Plan to Government and VGFN for approval.

Organizational Structure

Canada and any affected Yukon First Nation may agree to establish a Commission at any time after the Effective Date.

A Commission shall have no less than six (6) members. A Commission shall have the number of members as agreed by Government and the affected Yukon First Nation or as prescribed by the specific provisions of the affected Yukon First Nation Final Agreement.

Canada shall consult with Yukon prior to nominating its members, and Yukon First Nations shall nominate their members as soon as practicable after agreement to establish a Commission. The remaining nominations shall be selected in accordance with the specific provisions of the affected Yukon First Nation Final Agreement. Canada, Yukon and affected Yukon First Nations shall adhere to 11.4.3 when selecting nominees.

Appointments will be made by the Minister of Indian Affairs and Northern Development (the "Minister").

The members of the Commission may choose a Chairperson from amongst its members.

The provisions of 2.12.2. shall apply to a Commission.

Operations

A Commission shall prepare an annual budget, after Consultation with each affected Yukon First Nation and shall submit that budget to the Yukon Land Use Planning Council ("Council") (11.9.1). The Council shall review the budget and after Consultation with the Commission shall propose the budget to the Minister for the preparation of regional land use plans. The budget approval process will respect the discretion for the allocation of funds available to the Commissions pursuant to Part 2 Schedule 1 of the UFA Implementation Plan. Canada shall pay the approved expenses of the Commission to the Council from the amounts described in Part 2 of Schedule 1, preferably by way of a multi year contribution agreement. The Council shall pay the approved expenses to the Commission preferably by way of a multi-year contribution agreement.

A Commission may establish a local office. Within the approved budget, a Commission may engage and contract technical or special experts for assistance and may establish a secretariat to assist it in carrying out its functions (11.4.5.1).

Activities

A Commission shall prepare and recommend a Plan to Government and the affected Yukon First Nation within a timeframe established by Government and the affected Yukon First Nation (11.4.4). In carrying out 11.4.4, a Commission shall undertake the activities described in 11.2.0, 11.4.5.3 to 11.4.5.9, 11.5.1, 11.6.1, 11.6.3, and 11.6.5.

A Commission may undertake the activities described in 11.4.5.1 and 11.4.5.10. A Commission may carry out activities associated with 11.4.5.10 with a reduced number of members.

The Commission shall convene a meeting as soon as practicable after the Commission is established.






Part 5 Budget Procedures and Financial Arrangements

  1. The recommended first annual budget and a multi-year financial forecast for the Renewable Resources Council is attached to the relevant Board description in Part 4 of this Annex B.
  2. It is understood that the allocation for the Renewable Resources Council set out in Schedule I of this Plan is stated as 1992 constant dollars.
  3. If the Minister requests a Renewable Resources Council or Regional Land Use Planning Commission to perform an activity that is not part of the Board's approved budget for a given year, the Board may request additional funding and the Minister shall consider the request.





Annex C Information Strategy

General Requirements

1. 28.3.2.4 specifies that an information strategy be included in the VGFA Plan to enhance community and general public awareness of the Settlement Agreement and; implementation plan.

2. In the development of this strategy for VGFN, the following general guidelines were followed:

(a) To the extent possible, the VGFA strategy will be consistent and will utilize information developed as part of the UFA strategy.

(b) Information distribution will be coordinated by the Parties. The Parties may agree to focus on specific information areas.

General Division of Responsibilities

3. The Government shall inform the general public with regard to the provisions of the VGFA, SGA and specific areas through existing programs.

4. VGFN shall assume primary responsibility for informing the local community in general, and VGFN citizens in particular, in regard to the provisions of the VGFA, the SGA and to specific areas.

5. VGFN and Government shall coordinate information and activities that relate specifically to issues within VGFN Traditional Territory arising from the VGFA by sharing advance drafts of communications materials. Government is not expected to share advance drafts of materials that relate to territory-wide issues in the VGFA.

6. Upon request, and to the extent possible, Government will provide to VGFN, publications and other written materials prepared by Government, for distribution by VGFN.

7. Government will make best efforts to provide interpreter services to Vuntut Gwitchin through Aboriginal Language Services programs as may be in place from time to time.

8. Canada will provide to VGFN upon request and to the extent practicable, maps and legal descriptions of Settlement Land described in 5.3.1.

9. Upon request, Canada will provide to VGFN, and Vuntut Gwitchin, information pursuant to 22.5.5 and 22.5.6.






ANNEX D

Part 1 Economic Opportunities

1.0 Economic Planning

1.1 For the purpose of the Vuntut Gwitchin First Nation Final Agreement Implementation Plan, the VGFN and Government agree that successful economic activity by the VGFN as a result of economic and employment opportunities arising from the Agreements will rely upon careful planning, VGFN and Government cooperative relationships, and an implementation environment of good faith.

1.2 The VGFN and Government agree that economic and employment planning are best achieved when the following principles are considered:

1.2.1 Where practicable, effective communication regarding critical events, policies, initiatives and other matters of consequence to the timely taking up of economic and employment opportunities is vital.

1.2.2 Effective interrelationships between VGFN and Government policies, processes, programs, and priorities.

1.2.3 The timely, effective, efficient, topical use of existing Government programs and other resources.

1.2.4 The VGFN's and Government's own ongoing processes of monitoring, review, evaluation and modification.

1.3 In principle, the following will be helpful in accomplishing the planning provisions and objectives of the VGFA and is consistent with the principles in 1.1 and 1.2:

1.3.1 The early establishment of working relationships that are based upon an effective, thorough and common understanding and application of the mechanisms and provisions of the VGFA.

1.3.2 Timely coordination and synchronization of activities necessary to putting economic and employment planning provisions into effect.

1.3.3 Reviews and identification of existing Government programs, services, finances and other resources which can be accessed or modified consistent with Government policy from time to time, to enable planning and implementation of Chapter 22, VGFA.

1.4 The VGFN and Government agree to make best efforts to commence economic development planning activities pursuant to 22.3.1 of the VGFA within thirty (30) days of the ratification of that VGFA.






Part 2

2.0 Contracting and Employment Opportunities

2.1 For the purposes of the VGFA Plan, the VGFN and Government agree to develop a protocol document which will guide them, their departments, agencies, and public corporations by identifying cooperative measures, consistent with the VGFA, that will help achieve contracting and employment opportunities for vgfn and its Citizens.

2.2 The protocol document shall reflect the provisions of the Agreements and Implementation Plan.

2.3 The document will establish reference points, consistent with the VGFA, for enabling the VGFN and Government to identify:

2.3.1 Contracting and employment criteria;

2.3.2 Structuring of opportunities to maximize VGFN participation;

2.3.3 Coordination of opportunities;

2.3.4 Practical procedures which enable early communication with respect to employment and contracting opportunities;

2.3.5 Procedures for Government to share available information; and

2.3.6 Other measures the VGFN and Government agree are useful in meeting the objectives and provisions of the VGFA.

2.4 The VGFN and Government agree to designate senior officials to develop the protocol document and to inform their respective departments, agencies, public corporations and personnel about the protocol document and give instructions as to its effective use.

2.5 The protocol document shall be completed at the same time as the plan pursuant to 22.3.1.

2.6 The VGFN and Government agree to review and amend the document as required.






Annex E - Coordination of VGFA AND SGA Implementation

General Requirements

1. 28.3.2.6 requires the Plan to specify means for coordination of the implementation of the VGFA and SGA.

2. SGA 23.5 specifies coordination of the VGFA and SGA implementation plans to the extent practicable.

Responsibilities

3. The VGFN government and its administrative structure, as established through the VGFN constitution adopted under the SGA, shall be recognized as the agency responsible for the implementation, on behalf of the VGFN, of both agreements.

4. Canada and Yukon each agree that, to the extent practicable, consistent processes, practices and interpretations shall be utilized in the implementation of both the VGFA and SGA, when dealing with VGFN. Further, should any conflict arise within either government in this regard, it shall be resolved internally and VGFN shall not be required to deal with such conflicts.

Specific Areas of Implementation Coordination

5. All funds flowing to the VGFN for implementation shall be transferred to VGFN through the Financial Transfer Agreement (FTA) process described in SGA 16.0.

6. The Dispute Resolution process of VGFA Chapter 26 shall be used to resolve all SGA disputes as described in SGA 24.0.

7. The implementation plan general review process described in paragraph 19 of the VGFA Implementation Plan and in SGA 6.6.3 and 6.6.4 shall be carried out simultaneously and in a coordinated fashion. Further, these reviews shall be timed in such a way as to provide input to the negotiations of the new FTA as specified by SGA 16.3.6 and 16.12.

8. The information strategy carried out by VGFA Plan Annex C shall include both the VGFA and SGA and implementation plans.

9. The training needs for VGFN shall be integrated into a single plan which will take into account the training requirements of both the VGFA and the SGA and the associated implementation plans.

Other Potential Areas Requiring Coordination

10. While cross references between agreements have been provided on appropriate Activity Plans, there are some implicit areas which may require coordination as well. To further specify these areas, the following table has been provided.

Table

POTENTIAL AREAS REQUIRING IMPLEMENTATION COORDINATION
(may include but are not limited to:)

Reference/Clause Area of Concern
VGFA SGA  
Definitions   Consistent application
2.0 3.0 Rights of citizens/beneficiaries as Yukon Indian People
2.3.6 21.1 VGFA amendments published in VGFN law registry
2.7 16.4.2 Disclosure of information
2.11.4.1 Legis. Legal entity
19.0 16.8 FTA calculation re: compensation
20.0 15.2, 15.3.5 Tax status settlement corp.
20.6 14.0 Income tax
21.2.1 14.0 Property tax
21.2.3 14.0 Property tax
21.2.4 14.0 Property tax
21.2.5.1 14.0 Property tax
21.3 14.0 Property tax
24.10.1 5.3 Amendment legislation
VGFA 8.2.1, 8.3 Inconsistency/conflict