Champagne and Aishihik First Nations Final Agreement Implementation Plan

Table of Contents

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 Champagne and Aishihik First Nations (hereinafter referred to as "CAFN");

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 Champagne and Aishihik First Nations Final Agreement on the 29th day of May, 1993 (such document being hereinafter referred to as the "CAFA");

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

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

NOW THEREFORE, the Parties agree as follows:

Interpretation of the CAFA Plan

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

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

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

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

Legal Status of the CAFA Plan

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

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 CAFA Plan shall be read together.

8. The provisions of the CAFA Plan contained in paragraphs 11, 12 and 15 constitute a contract between the Parties. Pursuant to 28.4.8 of the CAFA, the Parties expressly intend that the provisions of the remaining portions of the CAFA Plan and the provisions of the CAFA 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 CAFA Plan represent the agreement of the Parties regarding the manner in which the provisions of the CAFA will be implemented, and are not intended to create legal obligations.

Contents of the CAFA Plan

10. The CAFA 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 CAFA;

10.2 Annex B: Arrangements in respect of the:

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 CAFA Plan and the CAFN Self-Government Agreement Implementation Plan.

Implementation Funding

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

11.1 $551,199 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 CAFN 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 CAFN for the period of time identified in the Financial Transfer Agreement.

12. Subject to any amendment of the CAFA 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 CAFA. 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 CAFA 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 CAFA.

14. The Yukon, following consultation with the CAFN, 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. Subject to any amendment of the CAFA Plan by the Parties, Canada shall pay $37,500 (1992 constant dollars) per annum to the Kluane National Park Management Board established pursuant to Chapter 10 Schedule A, 6.0 of the CAFA. This payment will be subject to annual adjustments in the manner described in Part 6 of Schedule 1 of the UFA Plan.

16. Subject to any amendment of the CAFA Plan by the Parties, the payment by Canada to the Kluane National Park Management Board of the amount described in paragraph 15, or any amended amount required to be paid, represents the fulfillment of Canada's obligation to provide funding to the Kluane National Park Management Board for the first ten year period, pursuant to 2.12.2.8 of the CAFA.

17. Canada, following consultation with the CAFN, shall establish funding arrangements with the Kluane National Park Management Board. The funding arrangements shall specify the manner and timing of payments and may provide a schedule of payments within any one fiscal year.

18. The Renewable Resources Council and the Kluane National Park Management Board shall each 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.

19. The CAFN 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 CAFA.

20. Notwithstanding the provisions of paragraph 11.3, Government may enter into agreements with the CAFN 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 CAFA. Notwithstanding the provisions of paragraphs 12 and 15, Government may enter into agreements with the Renewable Resources Council or the Kluane National Park Management Board to provide funding for any projects, activities and responsibilities to be undertaken by the Renewable Resources Council or the Kluane National Park Management Board, in addition to the projects, activities and responsibilities reflected in an annual budget approved by Government pursuant to CAFA 2.12.2.8.

Implementation Plan Monitoring

21. Within 30 days after the Effective Date of the CAFA, 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 CAFA Plan.

Implementation Plan Review

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

22.1 in the fifth fiscal year following the Effective Date of the CAFA;

22.2 in the ninth fiscal year following the Effective Date of the CAFA; and

22.3 thereafter, as the Parties may agree.

23. The Parties shall make best efforts to complete a review pursuant to paragraph 22 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

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

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

Effective Date of the Plan

26. This Plan shall take effect as of the Effective Date of the CAFA.

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 Champagne Aishihik First Nations:

_____________________________
Paul Birckel,
Chief
Champagne Aishihik First Nations


_____________________________
Witness

On behalf of Canada:

_____________________________
The Honourable Tom Siddon
Minister of Indian Affairs and Northern Development


_____________________________
Witness

On behalf of Yukon:

_____________________________
John Ostashek
Government Leader


_____________________________
Witness

Acronyms

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

Annex A Specific Activities, Projects and Measures

This Annex refers to the implementation of selected generic and specific provisions of the Champagne and Aishihik First Nations 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 Champagne and Aishihik First Nations Final Agreement to be addressed prior to the effective date of Settlement Legislation or in the negotiation or ratification of the Champagne and Aishihik First Nations Final Agreement.

PROJECT: UFA amendment

RESPONSIBLE PARTY:
CAFN

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
CAFN Identify need to amend the UFA and forward proposal for amendment to CYI. As needed
CAFN Receive notice of proposal to UFA Parties to amend. When available
CAFN Review and communicate views to CYI on response to proposal. As soon as practicable after receipt of proposal
CAFN, UFA Parties At discretion, address specific requirements for amendment process. As soon as practicable, if amendment is to be pursued
CAFN Consult with CYI during negotiation of terms of amendment. As necessary
CAFN 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 CAFA
CAFN Receive notice of and consider opinion of other YFNs. Within reasonable time
CAFN Take steps required to give effect to amendment, including any consequential amendment of the CAFA Plan. As soon as practicable if all UFA Parties consent to amendment
Canada, Yukon, CAFN 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 CAFN in respect of UFA amendments. The fourth activity indicates that CAFN 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 CAFN of an affirmative response to a proposal for amendment to be addressed.
  2. It is expected that the CAFN 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 amendements to legislation to reflect amendments of the UFA.

PROJECT: Amendment of the Champagne and Aishihik First Nations Final Agreement

RESPONSIBLE PARTY:
Canada, Yukon, Champagne and Aishihik First Nations

PARTICIPANT/LIAISON:

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, 6.1.8 or 16.11.4 of this Agreement, to any amendment to Appendix A - Settlement Land Descriptions, attached to this Agreement, and to any amendment to Schedule B - Category 1 and 2 Traplines, attached to Chapter 16 - Fish and Wildlife.

(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, 6.1.8 or 16.11.4 of this Agreement, to any amendment to Appendix A - Settlement Land Descriptions, attached to this Agreement, and to any amendment to Schedule B - Category 1 and 2 Traplines, attached to Chapter 16 - Fish and Wildlife.

(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 Champagne and Aishihik First Nations 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).

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 CAFA and forward proposal for amendment to the other Parties. As needed
Parties Review and respond to the proposal. 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 the 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 the approval process. As soon as practicable after the negotiations are complete
CAFN Seek a resolution of the Chief and Council.  
CAFN Notify government of the result of the approval process, and if approval is granted, provide a certified copy of the resolution approving the amendment. Once CAFN approval process is complete
Canada and Yukon Undertake the approval process. Upon receipt of the CAFN resolution approving the amendment
Governor in Council If all parties approve amendment, amend by Orderin- Council. Once all approvals secured
Parties Take agreed upon steps necessary to give effect to the amendment, including changes 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
CAFN Publish amendment in CAFN law registry. As soon as practicable after the amendment is given effect

PROJECT: CAFN legal entities

RESPONSIBLE PARTY:
Champagne and Aishihik First Nations

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 Champagne and Aishihik First Nations 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 Champagne and Aishihik First Nations, provided any transfer does not adversely affect the exercise of rights, obligations and liabilities set out in this Agreement.

Except in respect of 2.5.0, 2.10.1, 4.4.0, 5.9.0 and 5.10.0,the Champagne and Aishihik First Nations 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 Champagne and Aishihik First Nations, provided any transfer does not adversely affect the exercise of rights, obligations and liabilities set out in this Agreement.

Government shall not be liable to Champagne and Aishihik People for any damage or loss suffered by Champagne and Aishihik People as a result of the failure of the Champagne and Aishihik First Nations 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
CAFN Maintain public register identifying all rights, obligations and liabilities held on behalf of the CAFN pursuant to 2.11.7.1. Ongoing after the Effective Date
CAFN Alter entity holding rights, obligations or liabilities. At its discretion
CAFN Amend register to reflect alteration. As required

PROJECT: Resolution of overlapping claims

RESPONSIBLE PARTY:
Champagne and Aishihik First Nations

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

OBLIGATIONS ADDRESSED:
Champagne and Aishihik First Nations shall make best efforts to reach agreement with each Overlapping Yukon First Nation on a Contiguous Boundary.

The location of a Contiguous Boundary 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

Responsibility Activities Timing
CAFN Contact Yukon First Nation with overlapping claim and enter discussions making best efforts to agree on a Contiguous Boundary. As soon as practicable
CAFN 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
CAFN, Canada and Yukon Amend CAFN Traditional Territory to conform with new boundary. As soon as practicable if Government approval is secured
CAFN, Canada or Yukon Seek consent of adjacent Yukon First Nation to amend the boundary agreed upon. As required in the future if amendment is desired
Adjacent Yukon First Nation Consider request and notify CAFN, Canada or Yukon of determination. Upon receipt of request
CAFN, Canada and Yukon Amend boundary of CAFN Traditional Territory. If consent secured

PROJECT: Resolution of overlapping claims - Panel of Elders

RESPONSIBLE PARTY:
Champagne and Aishihik First Nations, 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 Champagne and Aishihik First Nations 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.

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 on the location of Contiguous Boundary which is accepted by the Champagne and Aishihik First Nations 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
CAFN 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
CAFN 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
CAFN 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 CAFN Traditional Territory. As soon as practicable if all parties approve

PROJECT: Resolution of overlapping claims - Dispute Resolution

RESPONSIBLE PARTY:
Champagne and Aishihik First Nations, Canada, Yukon, Overlapping YFN

PARTICIPANT/LIAISON:
Person appointed to resolve dispute

OBLIGATIONS ADDRESSED:
In the absence of an approved agreement on the location of a Contiguous Boundary 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 Final Agreement, whichever occurs later, refer the matter of the location 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 Champagne and Aishihik First Nations 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 Champagne and Aishihik First Nations, 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 CAFN Traditional Territory. As soon as practicable after dispute is resolved

PROJECT: Final Agreements with Overlapping Yukon First Nations

RESPONSIBLE PARTY:
Government and Champagne and Aishihik First Nations

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; and to conclude the Yukon First Nation Final Agreement of each Overlapping Yukon First Nation within 10 years of the Effective Date of this Agreement. 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 Champagne and Aishihik First Nations.

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 Make best efforts to complete noted YFNFAs within 10 years.  
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 CAFN. As required during YFNFA negotiations
CAFN Review proposal and notify Government of decision. Upon receipt of proposal
Government Incorporate alternate approach.

OR
If consent secured
Government Abandon proposal. If consent is not secured

PROJECT: Traplines in Overlapping Area

RESPONSIBLE PARTY:
Champagne and Aishihik First Nations

PARTICIPANT/LIAISON:
Overlapping Yukon First Nation

OBLIGATIONS ADDRESSED:
A trapline which is situated more than 50 percent in an Overlapping Area and which might otherwise be designated as a Category 1 Trapline in accordance with 16.11.0 shall not be so designated until:

  • more than 50 percent of that trapline is situated in the Champagne and Aishihik First Nations Traditional Territory; or
  • the Champagne and Aishihik First Nations and the Overlapping Yukon First Nation agree.

REFERENCED CLAUSES:
Chapter 2 Schedule B 6.1;

Cross reference
16.11.0

Responsibility Activities Timing
CAFN or Overlapping YFN Seek agreement of other party to designate a trapline as Category 1. As required
CAFN or Overlapping YFN Review proposal and respond. As soon as practicable
CAFN Designate the trapline. If consent secured or if 50 percent of trapline is in CAFN Traditional Territory

PROJECT: Consultation on specified matters in Overlapping Area

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
Champagne and Aishihik First Nations

OBLIGATIONS ADDRESSED:
Government shall Consult with the Champagne and Aishihik First Nations respecting any matter in an Overlapping Area which may affect the rights of Champagne and Aishihik People or the Champagne and Aishihik First Nations set out in this Agreement but which, pursuant to 4.1.1 to 4.1.5, do not apply in an Overlapping Area.

REFERENCED CLAUSES:
Chapter 2 Schedule B 7.1;

Cross reference
4.1.1 - 4.1.5

Responsibility Activities Timing
Government Notify CAFN of matter affecting rights of CA People or CAFN and provide relevant information. As required
CAFN 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 CAFN. As required

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

RESPONSIBLE PARTY:
CAFN

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

PROJECT: Continuation of enrollment

RESPONSIBLE PARTY:
CAFN

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

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 CAFN on identified parcels. As soon as practicable after final land selection
Canada (DIAND) Notify CAFN 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:
CAFN

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
CAFN 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 CAFN 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 CAFN 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 or any successor

PARTICIPANT/LIAISON:
CAFN, 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
CAFN 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 CAFN 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 CAFN lands system(s)

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
CAFN, 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 CAFN 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:
CAFN

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 CAFN:
  • 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 CAFN

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:
CAFN

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 CAFN 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 CAFN

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 CAFN -- Encumbering Rights

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
CAFN

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 CAFN, of intention to:
  • renew or replace an Encumbering Right:
  • issue a new Encumbering Right; and
  • set Royalty, rent or fee described.
As required
CAFN 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 CAFN 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:
CAFN

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 CAFN 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
CAFN Review the request, grant or deny consent, and notify Government of determination. As soon as practicable upon receipt of notice
Government Increase term.

OR
If consent is granted
Government Allow Encumbering Right to expire as originally scheduled. If consent is not granted

PROJECT: Cancellation and replacement of Encumbering Rights

RESPONSIBLE PARTY:
CAFN

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
CAFN Advise Minister that a Government-issued Encumbering Right should be cancelled and replaced by an interest provided by CAFN. 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
CAFN Replace Encumbering Right with interest provided by CAFN.  

PROJECT: Discovery of information subject to disclosure

RESPONSIBLE PARTY:
Government and/or CAFN

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 CAFN Provide other party with information subject to disclosure under 5.7.1. After ratification of CAFA, upon becoming aware of information
Government Declare status under 5.7.4.1.

OR
As soon as practicable
Government Declare status under 5.7.4.2. As soon as practicable
Government and CAFN 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:
CAFN

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
CAFN Reacquire Settlement Land in fee simple title. At discretion of CAFN
CAFN Register fee simple title at Land Titles Office. Upon reacquisition

PROJECT: Deregistration of Category A and Category B Settlement Land

RESPONSIBLE PARTY:
CAFN

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

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

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:
Surface Rights Board

OBLIGATIONS ADDRESSED:
Any person has a right of access to use a Waterfront Right-of-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, 5.15.0

Responsibility Activities Timing
CAFN Receive request for access. As required
CAFN Review request, grant or deny request and notify applicant of decision. Within a reasonable time of the request
CAFN 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:
CAFN, 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
CAFN and/or Government Receive request to establish permanent camp or structure. As required
CAFN 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:
CAFN, 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
CAFN or Yukon or Canada Request to amend, revoke or reinstate a right of access provided by a Settlement Agreement. Any time after Effective Date
CAFN or Yukon or Canada (other 2 parties) Review and respond to initiating party. Within a reasonable period of time
CAFN, Yukon, Canada Attempt to reach 3 party agreement through negotiation. Within a reasonable period of time
CAFN, Yukon, Canada Amend CAFA as set out in 2.3.5, if change to right of access requires amendment. If agreement reached

PROJECT: Right of access for outfitting concession holders

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
An outfitting concession holder shall have a right of access to use Settlement Land for outfitting until the 30th day of November following the Effective Date of this agreement and the right, during the following 30 days, to remove any of the holder's property from Settlement Land.

Nothing in 6.1.2.1 shall be construed to prevent the Champagne and Aishihik First Nations and an outfitting concession holder from entering into an agreement providing the holder with a right of access different from that set out in 6.1.2.1.

REFERENCED CLAUSES:
6.1.2.1, 6.1.2.2

Responsibility Activities Timing
CAFN Inform outfitting concession holders of rights of access pursuant to these clauses. As soon as practicable after the Effective Date
CAFN At discretion, negotiate additional rights of access with outfitting concession holder. At anytime

PROJECT: Determining liability of CAFN on Undeveloped Settlement Land

RESPONSIBLE PARTY:
CAFN

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

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

RESPONSIBLE PARTY:
CAFN

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

PROJECT: Conditions of access

RESPONSIBLE PARTY:
CAFN

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
CAFN 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
CAFN 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:
CAFN

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, CAFA Appendix A 3.2.2

Responsibility Activities Timing
CAFN 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
CAFN or Yukon or Canada Review proposal and respond to initiating party. Within a reasonable period of time
CAFN, Yukon, Canada Attempt to reach three party agreement through negotiation.  
CAFN, Yukon, Canada Amend CAFA as set out in 2.3.5. If amendment required
CAFN Register changed designation in CAFN 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 improved route of access on Settlement Land as a highway or public road

RESPONSIBLE PARTY:
CAFN

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
CAFN 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 CAFA pursuant to 2.3.5. As required

PROJECT: Right of access to cross Undeveloped Settlement Land

RESPONSIBLE PARTY:
CAFN

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
CAFN Review request for access, and grant or deny consent. Within a reasonable period of time after request
CAFN Respond to application to Surface Rights Board. As required
CAFN Implement Surface Rights Board decision.  
CAFN 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:
CAFN

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

PROJECT: Reference to Surface Rights Board

RESPONSIBLE PARTY:
CAFN

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
CAFN 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
CAFN Refer any disputes concerning access conditions established pursuant to negotiations by CAFN and Government under 6.6.0 to Surface Rights Board for resolution. As required
CAFN 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:
CAFN

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 CAFN 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
CAFN 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
CAFN Provide response to Government if not in conformity.  
CAFN, Government At discretion, initiate negotiations. If no terms and conditions negotiated
CAFN Monitor access.  

Planning Assumption

  1. The Parties agree that Government and CAFN 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:
CAFN

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 CAFN 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
CAFN Review notification and notify Government of decision. Within a reasonable period of time after notification
Government Exercise access.

OR
If consent granted
Government Cease access and at discretion, refer issue to Surface Rights Board. If no consent granted
CAFN 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
CAFN 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:
CAFN

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 CAFN of intention to exercise right of access, including brief description of activity and project or program and anticipated length of access. Prior to access
CAFN Review notice to ensure conformity with any terms and conditions that may be negotiated pursuant to 6.6.0.  
CAFN 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 CAFN.  
Person authorized by Law Exercise access (as may be adjusted by agreement with CAFN). After consideration of CAFN views
CAFN 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:
CAFN

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 CAFN 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
CAFN Review notification and notify authority of decision. Within a reasonable period of time after notification
Person authorized by Law Exercise access.

OR
If consent granted
Person authorized by Law Cease access and at discretion, refer issue to Surface Rights Board. If no consent granted
CAFN 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
CAFN Monitor access. During and after access

PROJECT: Liability for damage to Settlement Land

RESPONSIBLE PARTY:
CAFN

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
CAFN 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 CAFN any significant damage to Settlement Land. As soon as practicable after damage is caused
CAFN 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
CAFN 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, CAFN

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 CAFN for access to its Undeveloped Settlement Land for military manoeuvres. As required, prior to exercise of right of access
CAFN 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 CAFN

RESPONSIBLE PARTY:
CAFN

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
CAFN 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
CAFN, Government Attempt to negotiate terms and condiditons for the exercise of a right of access listed above. Within reasonable time after notification by CAFN
CAFN 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:
CAFN, 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 at 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 CAFN of proposal to acquire or expropriate Settlement Land. As required
CAFN and Expropriating Authority Prepare for negotiations. Upon receipt of notice
Expropriating Authority and CAFN Negotiate location and extent of land to be acquired or expropriated. At a time agreeable to the parties
CAFN If there is an objection filed by CAFN:  
CAFN Prepare for and participate in public hearing process. Upon notice
CAFN 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 CAFN if Expropriation is pursuant to NEB Act.
As required
Hearing Panel
  • notify CAFN and public.
 
Hearing Panel
  • provide CAFN with time to prepare for participation.
As required
Hearing Panel
  • provide CAFN and public opportunity to be heard.
As appropriate
Hearing Panel
  • award costs including interim costs to CAFN; and
As appropriate
Hearing Panel
  • prepare and submit report to Minister.
As appropriate after hearing
Expropriating Authority Notify CAFN 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:
CAFN, 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 CAFN of desire to negotiate compensation. As required in conjunction with an expropriation
CAFN Prepare for negotiations. Upon receipt of notice
CAFN and Expropriating Authority Negotiate compensation. At a time agreeable to the parties
CAFN and Expropriating Authority If no agreement on compensation:  
CAFN 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
CAFN 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 CAFN nominee(s) on board, committee or other panel authorized by the National Energy Board Act

RESPONSIBLE PARTY:
National Energy Board

PARTICIPANT/LIAISON:
CAFN

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 CAFN that a board,
committee or other body is
being established and request
nominee(s).
As required
CAFN 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 CAFA.

RESPONSIBLE PARTY:
Authority exercising Flooding Right

PARTICIPANT/LIAISON:
CAFN

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

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

RESPONSIBLE PARTY:
Authority exercising a Flooding Right

PARTICIPANT/LIAISON:
CAFN, 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 CAFN Follow expropriation procedures listed in Activity Plan for 7.3.1. Prior to the exercise of Flooding Right
Authority and CAFN Negotiate compensation. As required
Authority or CAFN At the discretion of any party, apply to SRB to determine dispute over compensation. If no agreement reached
CAFN 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 Nation 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
YFN's 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 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 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, CAFN

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 CAFN At the discretion of any Party, propose a land exchange. After the Effective Date
Canada, Yukon and CAFN Review proposal and negotiate exchange. If the parties agree
Canada, Yukon and CAFN 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: Establishment of a Special Management Area other than those provided for in CAFA

RESPONSIBLE PARTY:
Yukon, Canada

PARTICIPANT/LIAISON:
Renewable Resources Council, CAFN, 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 CAFA to the affected Renewable Resources Council or to the Yukon Heritage Resources Board and the CAFN if proposal includes Settlement Land. If proposing the establishment of a Special Management Area not provided for in the CAFA
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
CAFN 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 CAFN, 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 CAFN under a Settlement Agreement

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
CAFN

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, Yukon Forward proposal for Special Management Area to CAFN. When Government wishes to establish a Special Management Area in the CAFN Traditional Territory
CAFN Review Special Management Area proposal for impact on CAFN rights under a Settlement Agreement. Provide comments to Government re: proposed Special Management Area. Within reasonable period of time
CAFN, 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
CAFN, 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
CAFN 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
CAFN, Canada, Yukon Amend agreement. If Parties agree
CAFN or Canada or Yukon Propose Special Management Area agreement negotiated under 10.4.1 be appended to and form part of the CAFA.

Review implications of appending the Special Management Area agreement to the CAFA.
 
CAFN, Canada, Yukon Append to CAFA, 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 CAFA

PROJECT: Access to Special Management Area by Yukon Indian Person

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
CAFN

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 CAFN that access by a Yukon Indian Person to a Special Management Area within CAFN Traditional Territory is proposed to be limited or prohibited for reasons of Conservation, public health or safety. As required
CAFN 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 CAFN views and provide response to CAFN. As necessary
CAFN 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 CAFN

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 CAFN 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, CAFN Enter negotiations, if parties agree to negotiate.  

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

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 ten 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
Canada or Yukon 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.  
Canada or Yukon 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 Kluane National Park

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
No lands forming part of the Park shall be removed from National Park status without the consent of the Champagne and Aishihik First Nations.

REFERENCED CLAUSES:
Chapter 10 Schedule A 3.2

Responsibility Activities Timing
Canada (CPS) Notify and discuss with CAFN any proposal to remove land, and request consent to proceed. As appropriate
CAFN Consider proposal, determine if consent will be granted and notify CPS in writing of decision. Upon receipt of notice
Canada (CPS) If consent is secured, proceed with removal. As soon as practicable
Canada (CPS) Notify CAFN 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, CAFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Subject to Laws of General Application, unless otherwise agreed to by the parties to this Agreement, Champagne and Aishihik People shall have the right to give, trade, barter, or sell to any person any Non-Edible By-Product of Fish and Wildlife that is obtained from Harvesting 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 CAFN Propose to other parties that arrangements respecting noted rights be altered. At discretion
Canada and Yukon and CAFN Attempt to reach agreement. As required
Canada and Yukon and CAFN 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:
Champagne and Aishihik First Nations

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 Champagne and Aishihik First Nations 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 CAFN of proposal to impose a limitation pursuant to 4.8 and provide any relevant information. Prior to imposing limitation
CAFN 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 limitation
Canada (CPS) Implement decision. As required

PROJECT: Allocation of allowable harvest amount by Champagne and Aishihik First Nations

RESPONSIBLE PARTY:
Champagne and Aishihik First Nations

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 Champagne and Aishihik First Nations shall decide whether to allocate any part, or all, of that allowable harvest to Champagne and Aishihik People and shall notify the Park superintendent in writing of its decision;
  • where the Champagne and Aishihik First Nations 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 a Champagne and Aishihik Person 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 Champagne and Aishihik First Nations.

REFERENCED CLAUSES:
Chapter 10 Schedule A 4.11

Responsibility Activities Timing
Canada (CPS) Notify CAFN of allowable harvest set for any species within the Park after Consultation with the CAFN pursuant to 4.8 of this Schedule. If an allowable harvest is set in accordance with this Schedule
CAFN Determine portion, if any, of allowable harvest which is to be allocated. After an allowable harvest level has been set
CAFN Notify Park superintendent of decision in writing, specifying the number and species to be harvested. As required
CAFN Allocate allowable harvest. At its discretion

PROJECT: Manage exercise of rights

RESPONSIBLE PARTY:
Champagne and Aishihik First Nations

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
The Champagne and Aishihik First Nations may manage, administer, allocate or otherwise regulate the exercise of rights of Champagne and Aishihik People under 4.0 within the Park, where not inconsistent with the regulation of those rights by Government in accordance with 4.8 and the other provisions of this schedule.

REFERENCED CLAUSES:
Chapter 10 Schedule A 4.12

Responsibility Activities Timing
CAFN At discretion, develop policies and procedures necessary for the management, administration, allocation and regulation of the rights of Champagne and Aishihik People pursuant to Schedule A, subsection 4.0. As appropriate
CAFN Manage, administer, allocate and regulate the exercise of rights in a manner consistent with the schedule. As required

PROJECT: Maintain register of harvest information

RESPONSIBLE PARTY:
Champagne and Aishihik First Nations

PARTICIPANT/LIAISON:
Kluane Park Management Board, Canada

OBLIGATIONS ADDRESSED:
The Champagne and Aishihik First Nations 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 Champagne and Aishihik People and a record of what is harvested, and such other harvest information as is prescribed by the Board.

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

REFERENCED CLAUSES:
Chapter 10 Schedule A 4.13, 4.13.1;

Cross reference
16.5.1.12

Responsibility Activities Timing
CAFN Develop a register of harvest information. As soon as practicable after the Effective Date
CAFN Maintain register and record harvest information and any other information as prescribed by the KPMB. Ongoing
CAFN Make register available to Park superintendent. Upon request or at other regular interval as may be agreed

PROJECT: Consultation with Kluane Park Management Board regarding issuance of permits and/or licences

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Kluane Park Management Board, CAFN

OBLIGATIONS ADDRESSED:
The Minister, after Consultation with the Board, may require Champagne and Aishihik People 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 Champagne and Aishihik First Nations, the Minister, after Consultation with the Board, may allow the Champagne and Aishihik First Nations 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 the KPMB of a proposal to require a licence or permit for harvesting in the Park and provide the KPMB with any relevant information. As required
KPMB Review proposal, prepare views and present views to CPS. Within reasonable time period identified by CPS
Canada (CPS) Provide full and fair consideration to the views presented. Prior to setting requirement
Canada (CPS) If decision taken to require licence or permit:  
Canada (CPS) Notify CAFN of decision taken. After decision taken
Canada (CPS) Issue licence or permit without fee or charge. As required, upon application
CAFN Request approval from CPS to issue permits and/or licences. At its discretion
Canada (CPS) Notify KPMB of CAFN's request and provide any relevant information. Upon receipt of request
KPMB Review request, prepare views and present views to CPS Within reasonable time identified by CPS
Canada (CPS) Provide full and fair consideration to the views presented. Prior to granting the request
Canada (CPS) Decide issue and notify CAFN of decision. As soon as practicable after decision is taken
Canada (CPS) If decision taken to allow CAFN to issue:  
CAFN Issue licences or permits. As required, upon application

PROJECT: Provision of Fish and Wildlife harvest to the Champagne and Aishihik First Nations

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
The Canadian Parks Service shall offer to the Champagne and Aishihik First Nations 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 CAFN that Fish and/or Wildlife may be harvested for management purposes and may be available for use by the CAFN. As required
Canada (CPS) Offer Fish and/or Wildlife harvested for management purposes to CAFN. As available

PROJECT: Establishment or expansion of cabins in Park

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:
KPMB, Canada

OBLIGATIONS ADDRESSED:
A Champagne and Aishihik Person proposing to establish or expand a cabin in the Park shall make a request to the Board.

The Board 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 Board shall make a recommendation to the Minister.

Subject to limitations prescribed pursuant to 4.8, the Board and the Minister shall approve the request referred to in 4.18, 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 4.18.1, 4.18.2, 4.18.4;

Cross reference
6.5-6.9.2

Responsibility Activities Timing
CAFN Notify KPMB of a request to establish or expand a cabin in the Park. As required
KPMB Consider request and determine: 1) conformity with Park Management Plan and 2) need. Upon request
KPMB Make recommendation to Minister. As soon as practicable
Minister Consider recommendation of KPMB as well as any other relevant information. Upon receipt of recommendation
Minister and KPMB Accept recommendation if proposal conforms and is required for the exercise of harvesting rights and authorize the establishment or expansion.

OR
Within 60 days of receiving recommendation, unless time extended by Minister
Minister Vary, set aside or replace the recommendation and send it back to the KPMB with written reason. Within 60 days of receiving recommendation unless time extended by Minister
KPMB 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 KPMB. Within 45 days of receiving final recommendation
KPMB Notify CAFN of final decisions. As soon as practicable
Canada (CPS) Implement decision of the Minister. As soon as practicable

PROJECT: Co-ordination of Furbearer and other Wildlife harvest and management.

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Yukon, CAFN, Fish and Wildlife Management Board, Kluane National Park Management Board, Yukon 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.

Government shall make best efforts to coordinate the management of Fish and Wildlife in the Park with agencies responsible for the management of Fish and Wildlife outside the Park.

REFERENCED CLAUSES:
Chapter 10 Schedule A 4.23, 7.5;

Cross reference
16.3.14.1

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

Planning Assumptions

  1. Canadian Parks Service and Yukon shall address methods for sharing information on trapline use and Furbearer management.
  2. In the second activity the affected agencies will include the Fish and Wildlife Management Board, Renewable Resources Council and the Kluane National Park Management Board, pursuant to the coordination requirement in 16.3.14.1.

PROJECT: Allocation of trapping opportunities

RESPONSIBLE PARTY:
CAFN

Participant/Liaison:
KPMB, Canada

Obligations Addressed:
The Champagne and Aishihik First Nations shall be responsible for allocating trapping opportunities in the area where trapping is permitted within the Park to Champagne and Aishihik People, and for the alignment, realignment and grouping of individual traplines within that area.

The Champagne and Aishihik First Nations shall maintain a register of allocation of trapping opportunities, and shall provide a copy of that register to the Park superintendent.

Referenced Clauses:
Chapter 10 Schedule A 5.4, 5.6;

Cross reference
5.1, 5.2, 5.5

Responsibility Activities Timing
CAFN Allocate trapping opportunities within area recommended by KPMB and approved by Minister. As appropriate after area approved
CAFN Align, re-align and group individual traplines. As required
CAFN Establish and maintain register of the allocation of trapping opportunities. As soon as practicable
CAFN Provide copy of register to Park superintendent. As required

PROJECT: Procedure for specified recommendations of the Board

RESPONSIBLE PARTY:
Kluane Park Management Board, Canada

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
The provisions of 6.5 to 6.9.2 apply to recommendations made by the Board pursuant to 6.3.5 to 6.3.10.

The provisions of 6.5 to 6.9.3 apply to recommendations made by the Board pursuant to 6.3.1 to 6.3.4.

Unless the Minister directs otherwise, all recommendations of the Board shall be kept confidential until the process in 6.6 to 6.9 has been completed or the time for the process has expired.

REFERENCED CLAUSES:
Chapter 10 Schedule A 6.4 - 6.9

Responsibility Activities Timing
  For recommendations made by the Board pursuant to 4.18.2 and 6.3.5 - 6.3.10:  
KPMB Make recommendation to Minister. As soon as practicable
Minister Consider recommendation of KPMB as well as any other relevant information. Upon receipt of recommendation
Minister and Government Accept recommendation and implement as soon as practicable.

OR
Within 60 days of receiving the recommendations unless the time is extended by 30 days by the Minister
Minister Vary, set aside or replace the recommendation and send it back to the KPMB with written reason. Within 60 days of receiving recommendation unless time extended by Minister
KPMB 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 KPMB. Within 45 days of receiving final recommendation
KPMB Notify CAFN of final decision. As soon as practicable
Canada (CPS) Implement all final decisions of the Minister. As soon as practicable
  For recommendations made by the Board pursuant to 5.2 and 6.3.1 - 6.3.4:  
  Follow steps 1-6 and if no final decision is rendered by the expiry of the time provided:  
KPMB Notify CAFN of recommendation. As soon as practicable upon expiry of the time provided
Government Implement recommendation of the KPMB.  

PROJECT: Recognition of Champagne and Aishihik First Nations association with Park area in information issued by Government

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Government shall ensure that information it issues regarding the Park shall recognize the long association of the Champagne and Aishihik First Nations with the area comprising the Park and the Champagne and Aishihik First Nations past and present use of it.

REFERENCED CLAUSES:
Chapter 10 Schedule A 7.3

Responsibility Activities Timing
Government Notify CAFN of a proposal to revise information issued or to issue new information regarding Park and provide details. As practicable
CAFN Provide input into means by which CAFN association can be recognized. As required
Government Issue information taking into account input received. As required

PROJECT: Listing of Heritage Sites

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
CAFN

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 Champagne and Aishihik First Nations with a listing of all Heritage Sites directly related to the culture and heritage of the Champagne and Aishihik People, 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 Champagne and Aishihik First Nations.

REFERENCED CLAUSES:
Chapter 10 Schedule A 8.3, 8.4

Responsibility Activities Timing
Canada (CPS) In consultation with the CAFN, prepare list of all relevant Heritage Sites within the Park that have been documented at the Effective Date, including information on the location and character of the sites. As soon as practicable
Canada (CPS) Provide list to CAFN. 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 by CAFN

Planning Assumption

  1. Canada (CPS) will make best efforts to meet with representatives of Champagne and Aishihik First Nations after the Effective Date of the CAFA to develop an informal process for confirming ownership of Moveable Heritage Resources in the Park and for identifying items in the Park which might relate to the Champagne and Aishihik First Nations.

PROJECT: Inclusion of Southern Tutchone in interpretive displays and signage

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Government agrees that the Southern Tutchone language shall be included in any interpretive displays and signage that may be erected in the Park related to the history and culture of the Champagne and Aishihik First Nations.

REFERENCED CLAUSES:
Chapter 10 Schedule A 8.5;

Cross reference
13.8.1.6

Responsibility Activities Timing
Canada (CPS) Propose to erect interpretive displays or signage related to the history and culture of the CAFN. As appropriate
CAFN, Canada (CPS) Discuss appropriate wording. Prior to completing displays or signage
Canada (CPS) Include Southern Tutchone language on displays or signage, seeking assistance of CAFN as required. As appropriate

Planning Assumption

  1. Canada (CPS) may also include other aboriginal languages of the Champagne and Aishihik People on the displays and signage, if practicable.

PROJECT: Naming of places or features within Park

RESPONSIBLE PARTY:
Canadian Parks Service, Yukon Geographical Places Names Board, CAFN 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 Champagne and Aishihik First Nations.

REFERENCED CLAUSES:
Chapter 10 Schedule A 8.6

Responsibility Activities Timing
Responsible agency Propose to name or rename place or feature within Park and notify CAFN. Prior to naming or renaming
CAFN Review proposal and prepare and present views to responsible agency. Within a reasonable time proposed by agency
Responsible agency Provide full and fair consideration to views presented. Prior to naming or renaming

PROJECT: Consent for access to Champagne and Aishihik First Nations Burial Sites

RESPONSIBLE PARTY:
CAFN, Canada

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
There shall be no access by Park visitors to Champagne and Aishihik First Nations Burial Sites in the Park without the express written consent of the Champagne and Aishihik First Nations.

REFERENCED CLAUSES:
Chapter 10 Schedule A 8.7

Responsibility Activities Timing
CAFN Receive request for access to Burial Site. As required
CAFN Consider request for access, 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 request for access
CAFN Inform CPS if access has been permitted. As soon as practicable
CAFN, Canada (CPS) Implement the decision of the CAFN.  

PROJECT: Establishment of hiring procedures and policies for the Park

RESPONSIBLE PARTY:
Canada (CPS)

PARTICIPANT/LIAISON:
Champagne and Aishihik First Nations

OBLIGATIONS ADDRESSED:
Canada, after Consultation with the Champagne and Aishihik First Nations, shall establish hiring procedures and policies with the objective that the ratio of Yukon Indian People employed in public service positions in the Park and the Kluane National Park Reserve is at least equal to the ratio of the Yukon Indian People to the total population within the Champagne and Aishihik First Nations Traditional Territory.

REFERENCED CLAUSES:
Chapter 10 Schedule A 9.1

Responsibility Activities Timing
Canada (CPS) Notify CAFN of intention to establish hiring policies and procedures, and provide any relevant information, including draft policies as available. As soon as possible after the effective date
CAFN Review information and prepare and present views. Within a reasonable time
Canada (CPS) Provide full and fair consideration to the views presented. In establishing policies and procedures
Canada (CPS) Establish and implement procedures and policies. After Consultation
Canada (CPS) Inform CAFN of how hiring objectives will be met. As soon as practicable

PROJECT: Rights of first refusal for specified contracts

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Champagne and Aishihik First Nation

OBLIGATIONS ADDRESSED:
The Canadian Parks Service shall provide the Champagne And Aishihik First Nations with a right of first refusal to accept any contract offered by the Canadian Parks Service for the use of horses in the Park, which right of first refusal shall be offered in the following manner:

  • the Canadian Parks Service shall provide notice to the Champagne and Aishihik First Nations specifying the terms and conditions of the contract;
  • where the Champagne and Aishihik First Nations does not tender acceptance, the Canadian Parks Service may offer the contract publicly on the same terms and conditions specified in the notice pursuant to 9.3.1; 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 9.3.

The Canadian Parks Service shall provide the Champagne and Aishihik First Nations with a right of first refusal to accept any contract offered by the Canadian Parks Service for the construction of trails or construction or maintenance of roads in the Park, which right of first refusal shall be offered in the following manner:

  • the Canadian Parks Service shall provide notice to the Champagne and Aishihik First Nations specifying the terms and conditions of the contract;
  • where the Champagne and Aishihik First Nations does not tender acceptance within 30 days, the Canadian Parks Service may offer the contract publicly on the same terms and conditions specified in the notice pursuant to 9.4.1; 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 9.4.

REFERENCED CLAUSES:
Chapter 10 Schedule A 9.3, 9.4

Responsibility Activities Timing
Canada (CPS) Notify CAFN of contract offer and specify terms and conditions. Before tendering contract
CAFN Review contract offer and notify CPS of acceptance or refusal. As soon as possible (9.3) or within 30 days (9.4)
Canada (CPS) Let contract to CAFN.

OR
If CAFN tenders acceptance
Canada (CPS) Offer the contract publicly on same terms and conditions. If CAFN does not tender acceptance
Canada (CPS) Let contract to public.

OR
If "public" tenders acceptance
Canada (CPS) Reoffer contract with new terms and conditions in accordance with 9.3, 9.4. If "public" does not tender acceptance

Planning Assumption

  1. CAFN is not precluded from entering into the public tender.

PROJECT: Rights of first refusal for specified licences and permits

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Champagne and Aishihik First Nations

OBLIGATIONS ADDRESSED:
The Champagne and Aishihik First Nations shall have the right of first refusal to any new licences issued by the Canadian Parks Service for the commercial operation of private sector motor-assisted boat tours permitted in the Park under the Park Management Plan.

  • The motor-assisted boat tours referred to in 9.6 do not include commercial rafting operations which may be carried on in the Park.

The Champagne and Aishihik First Nations shall have the right of first refusal to any new licence or permit issued by the Canadian Parks Service for commercial operation of a regularly scheduled motor vehicle shuttle service to destinations within the Park permitted by the Park Management Plan.

  • In this section, motor vehicle means land based motor assisted vehicular transportation.

The Champagne and Aishihik First Nations shall have the right of first refusal to any new licence or permit issued by the Canadian Parks Service to develop and operate any retail outlets which may be permitted in Canadian Parks Service facilities located in the Champagne and Aishihik First Nations Traditional Territory.

REFERENCED CLAUSES:
Chapter 10 Schedule A 9.6, 9.7, 9.8;

Cross reference
10.3 to 10.9, 26.4.0

Responsibility Activities Timing
Canada (CPS) Notify CAFN of availability of new permits and/or licences and provide details regarding terms and conditions if applicable. Prior to issuing
CAFN Determine if permit/licence is wanted and apply to CPS. Within 1 year of notice
Canada (CPS) Issue new permit/licence to CAFN.

OR
If CAFN applies within 1 year and satisfies all requirements
Canada (CPS) Make permit/licence generally available. If CAFN doesn't apply within a year or fails to meet requirements
Canada, Yukon, CAFN Refer any dispute to mediation under 26.4.0. As required
Minister of Environment Decide issue. If no resolution by mediation

Planning Assumption

  1. CAFN shall not be precluded from applying for licences or permits that are publicly available.

PROJECT: Right of first refusal for new commercial river rafting licences or permits

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Champagne and Aishihik First Nations

OBLIGATIONS ADDRESSED:
If the Canadian Parks Service establishes a quota for commercial river rafting opportunities which originate and finish on the Alsek River, the Champagne and Aishihik First Nations shall have a right of first refusal to acquire new licences or permits as follows:

  • in the first year that the Canadian Parks Service establishes a quota, the Canadian Parks Service shall offer to the Champagne and Aishihik First Nations:
    • the number of licences or permits equal to 25 percent of the quota issued by the Canadian Parks Service, less the number of licences or permits which are required to allow existing operations which are held by a Champagne and Aishihik Firm to operate at their then existing level, or
    • the number of licences or permits which remains after the then existing operators which have commercial river rafting opportunities which start and finish on the Alsek River have received the permits or licences which are required to allow the existing operators to operate at their then existing level, whichever is less; and
  • in the second year, and each year thereafter, the Canadian Parks Service shall offer to the Champagne and Aishihik First Nations any new licences or permits issued by the Canadian Parks Service from time to time until the Champagne and Aishihik First Nations and Champagne and Aishihik Firms together have been allocated 25 percent of the quota in effect from time to time.

REFERENCED CLAUSES:
Chapter 10 Schedule A 9.9;

Cross reference
10.3 to 10.10, 26.4.0

Responsibility Activities Timing
Canada (CPS) Offer the lesser of:

a) number of licences described in 9.9.1.1.

b) number of licences described in 9.9.1.2.
In the first year a quota is established
CAFN Determine if licences/permits are wanted and apply to CPS. Within 1 year of offer
Canada (CPS) Issue permits/licences to CAFN.

OR
If CAFN applies within 1 year and satisfies all requirements
Canada (CPS) Make permits/licences. generally available If CAFN doesn't apply within 1 year or fails to satisfy requirements
Canada, Yukon, CAFN Refer any dispute to mediation under 26.4.0. As required
Minister of Environment Decide issue. If no resolution by mediation
Canada (CPS) Offer any new licences or permits issued from time to time until CAFN and CAFN Firms together have 25% of the quota in effect from time to time. In the second year and each subsequent year after a quota is established
Parties Follow steps 2 through 7. As required from time to time until January 1, 2016 or thereafter as the parties agree

Planning Assumptions

  1. The quota described in this clause has been established; therefore, the CAFN are eligible for these licences by the Effective Date.
  2. A definition of existing commercial river rafting operators will be established in consultation with the CAFN and the industry in order to give effect to this provision.

PROJECT: Consultation with the KPMB respecting commercial wilderness rafting in the Park

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Kluane National Park Management Board

OBLIGATIONS ADDRESSED:
The Canadian Parks Service shall Consult with the Board in deciding whether there should be a limit, or a change to an existing limit, on the number of licences or permits for commercial wilderness rafting opportunities in the Park, and on any terms and conditions or changes to the terms and conditions that should apply to those licences or permits.

REFERENCED CLAUSES:
Chapter 10 Schedule A 10.1

Responsibility Activities Timing
Canada (CPS) Notify KPMB of proposal to change or limit licensing practices related to commercial wilderness rafting and provide with any relevant information. As required
KPMB Review information and prepare and present views. Within reasonable time provided by CPS
Canada (CPS) Provide full and fair consideration to views presented. Before making change
Canada (CPS) Determine action to be taken. After consultation
Canada (CPS) Notify KPMB and CAFN of the action to be taken. As soon as practicable

PROJECT: The development and approval of the Sha'washe Heritage Resources Management Plan

RESPONSIBLE PARTY:
CAFN, Yukon

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
A Heritage Resources management plan (the "Plan") for Sha'washe shall be prepared jointly by the Champagne and Aishihik First Nations and Government and recommended to the Champagne and Aishihik First Nations and the Minister within one year of the Effective Date of this Agreement.

The Plan shall be submitted to the Champagne and Aishihik First Nations and the Minister for their joint approval.

Where the Champagne and Aishihik First Nations and the Minister fail to agree on the Plan, the matter shall be referred to dispute resolution under 26.3.0.

The approved Plan, the approved amendments to the Plan and matters resolved pursuant to 3.8 and 3.12 shall be implemented by the Champagne and Aishihik First Nations and the Minister.

REFERENCED CLAUSES:
Chapter 10, Schedule B 3.1, 3.7, 3.8, 3.13;

Cross reference
Chapter 10 Schedule B 3.2, 3.3, 3.4, 3.5, 3.6, 3.9, and 4.4; 13.8.1.6

Responsibility Activities Timing
Yukon, CAFN Hold initial meeting to prepare a workplan for development of the management plan pursuant to Chapter 10, Schedule B, 3.2, 3.3, 3.4, 3.5, 3.6, 3.9, 4.4 and 13.8.1.6. As soon as practicable after Effective Date to ensure recommended plan is forwarded within one year
Yukon, CAFN Develop and submit the prepared management plan to the Minister and CAFN for joint approval. Within 1 year of the Effective Date
Minister, CAFN Approve management plan.

OR
Within a reasonable period of time after receipt of plan
Minister, CAFN Refer matter to dispute resolution process under 26.3.0. If failure to agree upon the management plan
Yukon, CAFN Implement management plan, including matters resolved by dispute resolution. Upon approval of management plan and/or matters resolved by dispute resolution

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 management plan. CAFN's financial obligations in the development of the management plan will be limited to the costs of its participation in the process of developing the management plan.

PROJECT: The review and amendment of the Sha'washe Heritage Resources management plan

RESPONSIBLE PARTY:
CAFN, Yukon

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
The parties to this Agreement may agree from time to time to review and amend the Plan.

The preparation of amendments to the Plan shall include a process for public consultation.

Subject to 3.12, amendments to the Plan shall require the joint approval of the Champagne and Aishihik First Nations and the Minister.

Where the Champagne and Aishihik First Nations and the Minister fail to agree on an amendment to the Plan, the matter shall be referred to dispute resolution under 26.3.0.

The approved Plan, the approved amendments to the Plan and matters resolved pursuant to 3.8 and 3.12 shall be implemented by the Champagne and Aishihik First Nations and the Minister.

REFERENCED CLAUSES:
Chapter 10 Schedule B 3.9, 3.10, 3.11, 3.12, 3.13

Responsibility Activities Timing
CAFN, Yukon Meet to establish the terms of reference for a review of the management plan and identify resources required to undertake the review. As agreed from time to time after the Effective Date
CAFN, Yukon Complete review as agreed. As soon as practicable
CAFN, Yukon Establish a process for public consultation around proposed amendments. As soon as practicable
CAFN, Yukon Submit the amended management plan to the Minister and CAFN for joint approval. As soon as practicable following public consultation
Minister, CAFN Approve amendments.

OR
Within a reasonable period of time after receipt of plan
CAFN, Yukon Refer matter to dispute resolution process under 26.3.0. If failure to agree upon an amendment to the management plan
CAFN, Yukon Implement amended management plan. Upon approval of amendments to management plan

Planning Assumption

  1. Discussions in the initial meeting will identify timelines, budgetary and other resources required and each party's participation in carrying out the review.

PROJECT: Provision of access and signage for users of Sha'washe and Surrounding Area

RESPONSIBLE PARTY:
Yukon, CAFN

OBLIGATIONS ADDRESSED:
Government shall provide adequate parking on the east side of the Klukshu River for users of Sha'washe and the Surrounding Area, and shall provide adequate access to the Tatshenshini River for rafters at a point on the Tatshenshini River upstream from the Klukshu River.

The Champagne and Aishihik First Nations may provide a wilderness-oriented campsite for river rafters on Champagne and Aishihik First Nations Settlement Land downstream from Sha'washe.

Government shall provide adequate signage in the area east of the Klukshu River to inform users of Sha'washe and the Surrounding Area of the rules and restrictions regarding use of the area.

REFERENCED CLAUSES:
Chapter 10 Schedule B 4.1, 4.2, 4.3

Responsibility Activities Timing
Yukon Provide adequate parking facilities on the east side of the Klukshu River for users of Sha'washe and the Surrounding Area. See planning assumption
Yukon Consistent with the management plan developed pursuant to Chapter 10, Schedule B, 3.1, provide adequate access to the Tatshenshini River for rafters at a point on the Tatshenshini River upstream from the Klukshu River. As agreed to by the parties
Yukon Consistent with the management plan developed pursuant to Chapter 10, Schedule B, 3.1, provide adequate signage in area east of the Klukshu River to inform users of the rules and restrictions regarding use of the area. As agreed to by the parties
CAFN Provide a wilderness-oriented campsite for river rafters on Settlement Land downstream from Sha'washe. At discretion of CAFN

Planning Assumption

  1. The first activity has been completed.

PROJECT: Nominees to a Regional Land Use Planning Commission for region including any part of the Champagne and Aishihik First Nations Traditional Territory

RESPONSIBLE PARTY:
Government, Champagne and Aishihik First Nations, other affected Yukon First Nations

PARTICIPANT/LIAISON:

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

In the event a Regional Land Use Planning Commission is established for a planning region which includes any part of the Champagne and Aishihik First Nations Traditional Territory, it shall be composed of one-third nominees of the Champagne and Aishihik First Nations 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.

Government, the Champagne and Aishihik First Nations 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.

The Champagne and Aishihik First Nations 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 pursuant to 11.4.2.2 or determination under 11.4.2.3, Government, the Champagne and Aishihik First Nations 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.

REFERENCED CLAUSES:
11.4.2

Responsibility Activities Timing
Government Nominate Government representatives (1/3 of total nominees). Upon decision to establish a RLUPC
CAFN, other YFNs Agree on individuals to represent Yukon First Nations (1/3 of total nominees). Upon decision to establish a RLUPC
CAFN, other YFNs Refer disagreement to dispute resolution under 26.3.0. If no agreement on nominees
Government, CAFN and other YFNs Agree on who will nominate the remaining representatives (1/3 of total nominees). Upon decision to establish a RLUPC
Government, CAFN 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, CAFN, other affected 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 CAFN and 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
CAFN, other affected YFNs, and Yukon 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 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 CAFN, other 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 YFNs and communities

Planning Assumption

  1. To the extent practicable, Government and CAFN 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 CAFN (Settlement Land)

RESPONSIBLE PARTY:
CAFN

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 Yukon 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
CAFN Notify Canada (DIAND) and Yukon that Settlement Land aspects of the recommended regional land use plan are being considered by the CAFN. Upon receipt of regional land use plan
CAFN 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 CAFN
CAFN Provide full and fair consideration of views. Before responding to the RLUPC
CAFN Prepare and forward to the Regional Land Use Planning Commission, the CAFN 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 CAFN response and make final recommendation for plan to CAFN, including written reasons. Upon receipt of CAFN response to plan
CAFN and 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 CAFN
CAFN Prepare and forward to the Regional Land Use Planning Commission the final CAFN 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 CAFN 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 CAFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
If Government and 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 CAFN Propose to the other party that a sub-regional or district land use plan be jointly prepared. As appropriate
Government or CAFN Review the proposal and notify other party of whether it is willing to undertake joint planning. Upon receipt of proposal
Government and CAFN 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 CAFN policies which may be in place from time to time.

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

RESPONSIBLE PARTY:
CAFN

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 Activity Timing
CAFN 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 CAFN, other than those that are the private property of any Person; and
  • 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 CAFN, after the Effective Date
CAFN Manage resources.  

Planning Assumptions

  1. Canada and Yukon will assist CAFN 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 CAFN Traditional Territory

RESPONSIBLE PARTY:
CAFN, 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 8.2

Responsibility Activity Timing
CAFN 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 CAFN Traditional Territory;
  • determine ownership of those records which may be considered private property;
  • 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 CAFN, after the Effective Date
CAFN 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 CAFN 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 CAFN 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
13.5.3.5, 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, CAFN

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
CAFN 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 CAFN
Yukon or Canada Review and discuss the matter with the CAFN. At the request of the CAFN
Yukon or Canada 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 CAFN. As soon as possible after receipt of the request
Yukon or Canada Provide technical and information assistance to the CAFN to assist it to develop programs, staff and facilities. As practicable

Planning Assumptions

  1. Yukon and Canada will assist CAFN 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 CAFN on Legislation and policies on Heritage Resources in the Yukon

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
CAFN

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 CAFN of subject matter of any proposed legislative or policy changes related to Heritage Resources in the Yukon. As necessary, following Effective Date
CAFN 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 CAFN.  

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

RESPONSIBLE PARTY:
Canada, Yukon, CAFN

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, Canada Facilitate the preparation of an inventory of Moveable Heritage Resources and Heritage Sites, within existing budgets. As time and resources permit
CAFN, 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 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 Nations 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 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:
CAFN

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 Activity Timing
Yukon and Canada Provide a list of existing reports and, as practicable, reports in preparation which affect the CAFN. At request of CAFN
Yukon and Canada Make available to CAFN completed research or interpretive reports which it has produced or commissioned, which affect the CAFN. Upon request by CAFN.
CAFN 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 CAFN 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 CAFN pertaining to publication of such reports, consistent with 13.1.1.1.

PROJECT: The provision of a list of all Heritage Sites within the CAFN Traditional Territory to the CAFN.

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Government shall provide the Champagne and Aishihik First Nations with a listing of all Heritage Sites directly related to the culture and heritage of Champagne and Aishihik People, including information on their location and character, that are located within the Champagne and Aishihik First Nations Traditional Territory and which have been documented by Government at the Effective Date of this Agreement.

REFERENCED CLAUSES:
13.8.1.2

Responsibility Activities Timing
Canada, Yukon Provide the CAFN with a list of all Heritage Sites which have been documented at the Effective Date that are directly related to the culture and heritage of Champagne and Aishihik People and that are located within CAFN Traditional Territory.

Include information on the location and character of the Heritage Sites.
As soon as practicable

PROJECT: The identification of Heritage Sites within the CAFN Traditional Territory.

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Government shall inform the Champagne and Aishihik First Nations when land within the Champagne and Aishihik First Nations Traditional Territory is identified by Government as a Heritage Site directly related to the culture and heritage of Champagne and Aishihik People.

REFERENCED CLAUSES:
13.8.1.3;

Cross reference
13.5

Responsibility Activities Timing
Canada, Yukon Provide written notice to advise the CAFN when land within its Traditional Territory is identified as a Heritage Site directly related to the culture and heritage of Champagne and Aishihik People. As soon as practicable after identification

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

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
CAFN

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

Government shall Consult with the Champagne and Aishihik First Nations regarding the terms and conditions of the temporary protection which might apply to the Heritage Site pursuant to 13.8.1.4.

REFERENCED CLAUSES:
13.8.1.4, 13.8.1.5

Responsibility Activities Timing
CAFN Request, from Government, protection within existing Legislation for a period of time of a Heritage site within CAFN 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 CAFN views regarding terms and conditions of the temporary protection. As soon as practicable after request of CAFN
Canada, Yukon Make determination whether to provide interim protection, and on 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 provision for the use of the Southern Tutchone language or other aboriginal languages in interpretive displays and signage.

RESPONSIBLE PARTY:
Canada, Yukon, CAFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Management plans for Designated Heritage Sites directly related to the culture and heritage of Champagne and Aishihik People may provide for the use of Southern Tutchone or other aboriginal languages of Champagne and Aishihik People in interpretive displays and signage.

REFERENCED CLAUSES:
13.8.1.6

Responsibility Activities Timing
Canada, CAFN, Yukon At discretion, include provisions in management plans for the use of the Southern Tutchone language or other aboriginal languages 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, CAFN

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 Activity Timing
Yukon, Canada, CAFN Establish joint guidelines and conditions for a permit system within CAFN Traditional Territory to control research activities at any site which may contain Moveable Heritage Resources. After Effective Date
CAFN 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 CAFN wishes to vary guidelines set by three Parties. After Effective Date
CAFN, Government Institute permit system.  
CAFN 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 the Champagne and Aishihik People.

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
CAFN

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

REFERENCED CLAUSES:
13.8.3.1;

Cross reference
13.8.3

Responsibility Activities Timing
Canada, Yukon Notify the CAFN of a request for a research permit. Provide details. Before issuing a permit for research at a Heritage Site
CAFN 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 CAFN of decision.
 

PROJECT: The control of access to Designated Heritage Sites

RESPONSIBLE PARTY:
Canada, Yukon, CAFN

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 Activity Timing
Yukon, Canada, CAFN 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 CAFN Settlement Land.

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:
Surface Rights Board

OBLIGATIONS ADDRESSED:
A Person who accidentally discovers a Heritage Resource on Settlement Land 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 Champagne and Aishihik First Nations.

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

A Person described in 13.8.7.1 who is exercising a right of access or a right to use Settlement Land provided for in the Champagne and Aishihik First Nations Final 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 Champagne and Aishihik First Nations; 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
CAFN Develop procedures with respect to the reporting of accidental discovery of a Heritage Resource and the safeguarding of the Heritage Resource. After Effective Date
CAFN Receive report of accidental discovery of a Heritage Resource. Ensure disturbance of site has ceased. As soon as practicable after discovery
CAFN Grant or deny consent to further disturb a Heritage Site or Moveable Heritage Resource. If request made
CAFN 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 that have been accidentally discovered on Settlement Land and reported to the CAFN.

RESPONSIBLE PARTY:
Yukon, CAFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
The Champagne and Aishihik First Nations shall report, as soon as practicable, to Government the discovery of any Documentary Heritage Resource reported to the Champagne and Aishihik First Nations under 13.8.7.1.

Government and the Champagne and Aishihik First Nations 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 mediation under 26.3.0.

If a Documentary Heritage Resource is a Non-Public Record, the Champagne and Aishihik First Nations shall make reasonable efforts to determine if it is privately owned.

REFERENCED CLAUSES:
13.8.7.4, 13.8.7.5, 13.8.7.6;

Cross reference
13.8.7.1 and 26.3.0

Responsibility Activities Timing
CAFN Report to Government the discovery of any Documentary Heritage Resource reported to CAFN under 13.8.7.1. As soon as practicable after report under 13.8.7.1
Yukon, CAFN Attempt to agree whether the Documentary Heritage Resource is a Public Record or a Non-Public Record.  
Yukon, CAFN Refer the matter to mediation under 26.3.1. At discretion of either party, if failure to reach an agreement
CAFN 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 CAFN Burial Sites on Settlement Land

RESPONSIBLE PARTY:
CAFN

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
CAFN Develop and establish policies and procedures to:
  • manage and protect CAFN 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 CAFN Burial Sites on Non-Settlement Land

RESPONSIBLE PARTY:
Government, CAFN

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, CAFN Develop and establish procedures to:
  • manage and protect CAFN Burial Sites on Non-Settlement Land
  • restrict access;
  • inform CAFN when a Burial Site is discovered; and
  • prevent further disturbance.
After Effective Date
Government, CAFN 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 CAFN Traditional Territory.

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

RESPONSIBLE PARTY:
CAFN

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
CAFN Review application for consent to pursue authorized activity and establish any necessary terms or conditions, or withhold consent. Upon receipt of notice
CAFN 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:
CAFN

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
CAFN 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 CAFN after Effective Date
CAFN 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 CAFN

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
CAFN

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

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
Yukon, Canada 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. Within a reasonable period of time
YFNs Prepare and present views to Government regarding proposed displays and inventories of Documentary Heritage Resources pertaining to its Yukon Indian People.  
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 cooperatively 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 YFNs as requested.
  3. Translations of Documentary Heritage Resources may be required if Elders are to be involved in their interpretation.

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

RESPONSIBLE PARTY:
Yukon Geographical Place Names Board

PARTICIPANT/LIAISON:
CAFN, 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 CAFN when considering the naming of a place or feature within CAFN Traditional Territory. As required
CAFN 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:
CAFN, 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
CAFN Develop and establish policies and conduct communitybased research re: the naming or renaming of geographic features on its Settlement Land. As needed
CAFN Provide name to Yukon Geographical Place Names Board. As appropriate
YGPNB Communicate acceptance and approval of place name to Canada. As soon as practicable
CAFN, 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 CAFN 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 Champagne and Aishihik First Nations Traditional Territory.

RESPONSIBLE PARTY:
Yukon, Canada

PARTICIPANT/LIAISON:
CAFN

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

The Champagne and Aishihik First Nations shall have the first opportunity to accept any fixed term contract offered by Government associated with the management of a Heritage Site directly related to the history and culture of Yukon Indian People within the Champagne and Aishihik First Nations 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 13.12.1.2 shall not affect any fixed term contract entered into associated with the management of a Heritage Site directly related to the history or culture of Yukon Indian People within the Champagne and Aishihik First Nations Traditional Territory.

REFERENCED CLAUSES:
13.12.1.1, 13.12.1.2, 13.12.1.3, 13.12.1.4;

Cross reference
13.12.1.6. 22.5.10

Responsibility Activities Timing
Canada, Yukon Notify the CAFN of any fixed term contract being offered by Government. From time to time
Canada, Yukon Provide CAFN with first opportunity to accept the fixed term contract.  
CAFN Provide response to Government whether to accept fixed term contract. Within accepted limits under contract regulations
Canada, Yukon Provide CAFN 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 CAFN Traditional Territory. From time to time 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 development of contract opportunities associated with the management of a Heritage Site within the Champagne and Aishihik Traditional Territory.

RESPONSIBLE PARTY:
Yukon, Canada

PARTICIPANT/LIAISON:
CAFN

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 Champagne and Aishihik People in the Champagne and Aishihik First Nations Traditional Territory:

(a) a criterion for the employment of Champagne and Aishihik People; and

(b) a criterion for special knowledge or experience of Champagne and Aishihik People which is related to the Designated Heritage Site.

Nothing in 13.12.1.5 shall be construed to mean that a criterion for employment or special knowledge or experience shall be the determining criterion in awarding any contract.

REFERENCED CLAUSES:
13.12.1.5 and 13.12.1.6;

Cross reference
13.12.1.1, 13.12.1.2

Responsibility Activities Timing
Canada, Yukon Include a criterion for Champagne and Aishihik employment and a criterion for special Champagne and Aishihik 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 CAFN Traditional Territory. From time to time after Effective Date

Planning Assumption

  1. Yukon will seek input from CAFN in developing criteria for Champagne and Aishihik employment or for special Champagne and Aishihik experience or knowledge.

PROJECT: The nomination of the Tatshenshini as a Canadian Heritage River.

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
Canadian Heritage Rivers Board, CAFN

OBLIGATIONS ADDRESSED:
Government shall submit to the Board a nomination document for the Tatshenshini River before January 31, 1993, or as soon as practicable thereafter.

Government, after Consultation with the Champagne and Aishihik First Nations, shall prepare the nomination document in accordance with the Canadian Heritage Rivers System Program.

The Board shall:

  • consider the nomination; and
  • make a recommendation to the Ministers,

in accordance with the provisions of the Canadian Heritage Rivers System Program.

REFERENCED CLAUSES:
Chapter 13 Schedule B 2.1, 2.2, 2.3

Responsibility Activities Timing
Canada, Yukon Notify CAFN of the proposal to prepare a nomination document. See planning assumption
Canada, Yukon Provide details of the nomination to CAFN. As soon as practicable
CAFN Prepare and present views regarding the nomination. Within a reasonable period of time
Canada, Yukon Provide full and fair consideration of the views presented.

Prepare the nomination document and submit to the Canadian Heritage Rivers Board.
As soon as practicable
Canadian Heritage Rivers Board Consider the nomination.

Make recommendation to the Ministers in accordance with the provisions of the Canadian Heritage Rivers System Program.
 

Planning Assumption

  1. The first activity has been completed.

PROJECT: The development and approval of a Management Plan for the Tatshenshini River.

RESPONSIBLE PARTY:
Canada, Yukon, CAFN

PARTICIPANT/LIAISON:
Canadian Heritage Rivers Board

OBLIGATIONS ADDRESSED:
If the Board recommends that the Tatshenshini River be designated as a Canadian Heritage River and the Ministers accept the nomination:

  • the river shall be placed on the register of candidate Canadian Heritage Rivers; and
  • Government and the Champagne and Aishihik First Nations shall jointly prepare a Management Plan for the Tatshenshini River.

Government and the Champagne and Aishihik First Nations may establish a steering committee to assist in preparing the Management Plan and the membership on the committee shall be comprised of equal representation from Government and the Champagne and Aishihik First Nations.

The Management Plan shall be submitted for approval to the Ministers of the nominating agencies in accordance with the Canadian Heritage Rivers System Program.

The approved Management Plan shall be lodged with the Canadian Heritage Rivers Board in accordance with the Canadian Heritage Rivers System Program.

REFERENCED CLAUSES:
Chapter 13 Schedule B 3.1, 3.2, 3.5, 3.6;

Cross reference
Chapter 13 Schedule B 3.3, 3.4 and 3.7

Responsibility Activities Timing
Minister of the Environment Place the Tatshenshini River on the register of candidate Canadian Heritage Rivers. Upon recommendation of the Board and acceptance by the Minister of nomination
Canada, Yukon, CAFN At discretion, establish a steering committee to assist in preparing the Management Plan, with equal representation of each party. As agreed
Steering committee Hold initial meeting to prepare a workplan for development of the Management Plan pursuant to Chapter 13, Schedule B, 3.3 and 3.4, also considering 3.7.

Prepare a Management Plan for the Tatshenshini River.
As agreed
Canada, Yukon, CAFN Submit the completed Management Plan to CAFN for approval.  
Canada, Yukon, CAFN Submit the Management Plan, as approved by CAFN, for approval to the Ministers of the nominating agencies in accordance with the Canadian Heritage Rivers System Program.  
Canada, Yukon, CAFN Forward the Management Plan to the Canadian Heritage Rivers Board. Upon approval by Ministers

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: The review and amendment of the Management Plan for the Tatshenshini River.

RESPONSIBLE PARTY:
Canada, Yukon, CAFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Government and the Champagne and Aishihik First Nations may agree from time to time to review and recommend amendments to the approved Management Plan.

REFERENCED CLAUSES:
Chapter 13 Schedule B 3.7

Responsibility Activities Timing
Canada, Yukon, CAFN Meet to establish the terms of reference for a review of the Management Plan and identify resources required to undertake the review. Complete review as agreed. From time to time after initial approval of the plan as agreed by the Parties

PROJECT: The formal designation of the Tatshenshini River as a Canadian Heritage River.

RESPONSIBLE PARTY:
Canada, Canadian Heritage Rivers Board

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Upon receipt by the Board of the approved Management Plan, the Ministers shall formally designate the Tatshenshini River as a Canadian Heritage River.

The Board shall periodically review the status of the Tatshenshini River as a Canadian Heritage River in accordance with the provisions of the Canadian Heritage Rivers Systems Program.

REFERENCED CLAUSES:
Chapter 13 Schedule B 4.1 and 4.2

Responsibility Activities Timing
Ministers Designate the Tatshenshini River as a Canadian Heritage River. Upon receipt by the Board of the approved Management Plan
Ministers Notify CAFN of formal designation.  
Canadian Heritage Rivers Board Review the status of the Tatshenshini River as a Canadian Heritage River in accordance with the provisions of the Canadian Heritage Rivers Systems Program. Periodically after formal designation
Canadian Heritage Rivers Board Notify CAFN of review.  

PROJECT: Renewal or replacement of Water Licences

RESPONSIBLE PARTY:
CAFN

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
CAFN 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
CAFN 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 CAFN 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:
CAFN

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
CAFN 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
CAFN Determine whether or not access will be granted and set terms and conditions of access if appropriate. Upon request
CAFN Notify applicant of decision. Within a reasonable time
CAFN 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:
CAFN

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

OBLIGATIONS ADDRESSED:
After three years from the Effective Date of 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
CAFN Attempt to negotiate agreement with Licence holder. At discretion after three years from the Effective Date
CAFN 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 Assumptions

  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:
CAFN, 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 Nation 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:  
Government notify CAFN that Government is formulating positions on Water management in a specified shared drainage basin and provide relevant information.  
CAFN 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:
CAFN, Yukon Indian Person

PARTICIPANT/LIAISON:
Yukon Water Board

OBLIGATIONS ADDRESSED:
When determining the amount and terms of compensation to be paid to 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 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

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
CAFN, 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 Committees (SLC), Yukon, CAFN, 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, CAFN, 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 CAFN 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 the CAFN. As required
Government, SLC or CAFN 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 CAFN of any aspects of the recommendation that could not be given effect and indicate reasons. As soon as practicable, 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 (SLC), Yukon, CAFN, 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 CAFN
SLC If the plan conforms in the view of the SLC, recommend plan to CAFN and seek written approval of plan from CAFN. As soon as practicable after EMR review
CAFN Review plan to ensure that the parcels depicted conform to the area selected. As soon as practicable
CAFN 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 CAFN system. Upon confirmation

PROJECT: Employment and economic opportunities -- Surveying

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Champagne and Aishihik First Nations

OBLIGATIONS ADDRESSED:
In evaluating any competitive proposal, bid or tender for the survey of Champagne and Aishihik First Nations Settlement Land, Canada shall include among the factors for consideration, Champagne and Aishihik Person employment, Champagne and Aishihik Person 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 Champagne and Aishihik First Nations Settlement Land shall be set out in the economic development opportunities plan required by 22.3.1.

(a) Government and the Champagne and Aishihik First Nations may agree on the determination of qualifications and experience appropriate for the survey pending the completion of the economic development opportunities plan required by 22.3.1.

Nothing in 15.7.1.1 shall be construed to mean that the criterion for Champagne and Aishihik Person employment or ownership or equity investment shall be the determining criteria in awarding any contract.

REFERENCED CLAUSES:
15.7.1.1, 15.7.1.2, 15.7.1.3;

Cross reference
22.3.1

Responsibility Activities Timing
Canada (EMR) In cooperation with CAFN, develop selection factors which include the specified factors, to be used for evaluating competitive proposals, bids or tenders for survey of CAFN Settlement Land. As soon as practicable before beginning the survey of CAFN Settlement Land
Canada (EMR) Evaluate proposals, bids and tenders taking into consideration factors developed. As required
Canada (EMR) and CAFN Agree on qualifications and experience appropriate for survey. As practicable pending the completion of the economic development opportunities plan required by 22.3.1
Group preparing plan Set out the agreed upon qualifications and experience appropriate for survey in the economic development opportunities plan prepared pursuant to 22.3.1. Prior to completion of plan

PROJECT: Administration of survey contracts

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
CAFN, Yukon Indian People

OBLIGATIONS ADDRESSED:
Where economic opportunities and benefits are associated with the survey of Settlement Land, Yukon First Nation 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 CAFN 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 CAFN businesses and Yukon Indian People interested in providing such services to potential contractors for such surveys of CAFN Settlement Land with all requests for proposals, and require documentary proof that the CAFN 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 CAFN prior to imposition of a limitation in Legislation

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
CAFN

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 CAFN of possible need to impose a limitation pursuant to 16.3.3.1, if the limitation will affect CAFN. Provide details. If Minister is considering imposing a limitation
CAFN 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 CAFN. 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 CAFN and other affected Yukon First Nations in international negotiations

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
CAFN 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 CAFN 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
CAFN 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 CAFN 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 Council, 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, CAFN

OBLIGATIONS ADDRESSED:
Government shall make best efforts to amend the Game Export Act, R.S. l985, c. G-1 to enable the transport of Wildlife products for traditional non-commercial purposes across borders with Alaska, British Columbia and the Northwest Territories.

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 Wild 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, CAFN Review WAPPA and regulations to determine if they comply with requirements of 16.3.7. After receipt of WAPPA
Canada Consult with CAFN 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, R.S.C. 1992, c.52 was assented to by Parliament on December 17, l992 and is expected to be proclaimed in early 1994. 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, Kluane National Park Management Board, CAFN, 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
Responsibility Activities Timing 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, CAFN 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 boards and other affected Yukon First Nations.

PROJECT: Provision of proof

RESPONSIBLE PARTY:
CAFN

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
CAFN 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
CAFN Provide Canada and Yukon with a sample document/form provided to CAFN 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 CAFN before taking action on Fish and Wildlife matters affecting CAFN management responsibilities or exercise of harvesting rights

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
CAFN

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 CAFN of proposal of Fish and Wildlife matter requiring action which affects that First Nation. As required
CAFN 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 CAFN of action to be taken by Government. Prior to taking action

PROJECT: Nominate alternate members to Renewable Resources Council

RESPONSIBLE PARTY:
CAFN, Yukon

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
The Champagne and Aishihik First Nations and the Minister may each nominate one 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
CAFN, Yukon At discretion, each nominate an additional member to Renewable Resources Council as alternate. At time of nominations for Renewable Resources Council
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:
CAFN

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

shall seek the consent of the Champagne and Aishihik First Nations before recommending the approval of proposed game farming or game ranching activities in the Champagne and Aishihik First Nations 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 Champagne and Aishihik People under this Agreement.

REFERENCED CLAUSES:
16.6.10.13

Responsibility Activities Timing
Renewable Resources Council Seek consent of CAFN if Renewable Resources Council thinks the proposed game farming or game ranching would have an adverse effect on CAFN Harvesting rights. Provide details. Before recommending the approval of proposed game farming or game ranching activities
CAFN 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 indicating CAFN consent. 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
CAFN 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, CAFN

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, CAFN 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, CAFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
In the event that Government establishes, in accordance with this Agreement, a Total Allowable Harvest for moose in the Champagne and Aishihik First Nations Traditional Territory, Government shall allocate to the Champagne and Aishihik First Nations either:

the first 15 moose in the Total Allowable Harvest and, thereafter, 75 percent of the remaining Total Allowable Harvest; or

the number of moose required to satisfy the Subsistence needs of Champagne and Aishihik People,

whichever is less.

Unless the Champagne and Aishihik First Nations and Government otherwise agree, in the event that the Minister establishes, in accordance with this Agreement, a Total Allowable Harvest for moose of 150 or greater, Government and the Champagne and Aishihik First Nations shall make best efforts to negotiate a Basic Needs Level for moose for the Champagne and Aishihik First Nations in accordance with 16.9.6, and failing agreement on a Basic Needs Level, the provisions of 16.9.1.3 shall continue to apply.

Where an allowable harvest for moose is established in the Park, the number of moose specified in the notice given by the Champagne and Aishihik First Nations pursuant to 4.11.2 of Schedule A - Kluane 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 Champagne and Aishihik First Nations Traditional Territory.

REFERENCED CLAUSES:
16.9.1.3 (a), (b), 16.9.1.4, 16.9.1.5;

Cross reference
16.5.1, 16.5.4, 16.9.2, 16.6.10.1, 16.7.12.2, 16.7.12.4, 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
CAFN, Yukon Make best efforts to negotiate Basic Needs Level for moose in accordance with 16.9.6. If Total Allowable Harvest is 150 or more moose
Yukon Apply provisions of 16.9.1.3 if no agreement on Basic Needs Level.  
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 is established in the Park and has been allocated to CAFN

Planning Assumptions

  1. The CAFN 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 Champagne and Aishihik People may be determined by reference to harvest records or some other means established by the CAFN.

PROJECT: Allocation of Total Allowable Harvest for species other than moose

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
CAFN

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 Champagne and Aishihik First Nations pursuant to 4.11.2 of Schedule A - Kluane National Park, attached to Chapter 10

  • Special Management Areas, shall be included in the Total Allowable Harvest for that species in the Champagne and Aishihik First Nations 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:
16.9.1.6;

Cross reference
16.9.1.1, 16.9.2, 16.9.13, Chapter 10 Schedule A 4.11.2

Responsibility Activities Timing
Canada (CPS) Provide Yukon with CAFN notice pursuant to Chapter 10, Schedule A, 4.11.2 to harvest within Park. When notice received by Canada
Yukon Include number of animals of particular species in the Total Allowable Harvest for that species for CAFN Traditional Territory. Where a Total Allowable Harvest is established in the Park and has been allocated by CAFN

Planning Assumption

  1. These activities do not take effect until a Total Allowable Harvest is established.

PROJECT: Harvest reallocation upon request of Yukon First Nations under 16.9.3

RESPONSIBLE PARTY:
Yukon, CAFN

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
CAFN Request that Yukon allocate some of CAFN harvest allocation to another First Nation in accordance with 16.9.3. At discretion of CAFN
Yukon Alter allocation as requested. As soon as practicable
Yukon Inform affected Yukon First Nations. As soon as practicable

PROJECT: Allocation of Freshwater Fish between Champagne and Aishihik People and other users.

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
The special Harvesting rights for Freshwater Fish for food of Champagne and Aishihik People are as follows:

Government shall take into account the special importance to the Champagne and Aishihik First Nations of,

  • (i) Klukshu Lake,
  • (ii) Dezadeash Lake,
  • (iii) Aishihik Lake,
  • (iv) Kloo Lake,
  • (v) Six-Mile Lake,
  • (vi) Hutshi Lake, and
  • (vii) Neskatahin Lake

in the allocation of Freshwater Fish between Champagne and Aishihik People and other users; and Government shall ensure that the food Freshwater Fish needs of Champagne and Aishihik People receive primary consideration in the allocation of Freshwater Fish resources.

REFERENCED CLAUSES:
16.9.10.1 (a), (b)

Responsibility Activities Timing
Yukon Notify CAFN of need to make allocation of Freshwater Fish for referenced lakes. As required
CAFN Provide information on Freshwater Fish needs of CA People to Yukon. Within reasonable time provided by Yukon
Yukon Give primary consideration to needs of CA People. When making decision re: allocation

PROJECT: Negotiation of Basic Needs Level

RESPONSIBLE PARTY:
CAFN, 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
CAFN, Canada, Yukon Contact other parties to set time and place to negotiate a Basic Needs Level. After Effective Date at request of any party
CAFN, Canada, Yukon Respond to request for negotiations.  
CAFN, Canada, Yukon Enter negotiations. If agreed by parties

PROJECT: Endeavouring to rehabilitate wildlife populations

RESPONSIBLE PARTY:
Canada, Yukon, CAFN, 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, CAFN, 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, CAFN, 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 CAFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
In negotiating a basic needs allocation, the 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 Nation 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 Activity Timing
CAFN Request entry into BNA negotiations. As specified in Schedule A or as described in CAFA
Canada (DFO) Review and respond to request. As soon as practicable upon receipt of request
Canada (DFO) and CAFN Discuss specific arrangements and prepare for negotiations. As may be agreed
Canada (DFO) and CAFN 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 Nation and Government.

REFERENCED CLAUSES:
16.10.5, 16.7.17.12 (f);

Cross reference
Chapter 16 Schedule A

Responsibility Activities Timing
YFNs, 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: CAFN basic needs allocation

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Subject to 16.10.6.3, for the drainage basin of the Alsek River, Government shall allocate the first 3,000 sockeye Salmon and the first 200 chinook Salmon to the Champagne and Aishihik First Nations.

If a total allowable catch is established for either sockeye Salmon or chinook Salmon for the drainage basin of the Alsek River, Government and the Champagne and Aishihik First Nations shall make best efforts to negotiate a percentage allocation of the total allowable catch for either sockeye Salmon or chinook Salmon in accordance with 16.10.3, which percentage will apply to any total allowable catch established thereafter.

Government shall allocate sockeye Salmon and chinook Salmon to the Champagne and Aishihik First Nations pursuant to 16.10.6.1 or 16.10.6.2, whichever is the greater.

For other species of Salmon in the drainage basin of the Alsek River, Government shall ensure that the needs of Champagne and Aishihik People for Salmon for food receive primary consideration in the allocation of those species of Salmon.

If a basic needs allocation for a species referred to in 16.10.6.4 is agreed to by the parties to this Agreement, the provisions of 16.10.6.4 shall no longer apply to that species.

REFERENCED CLAUSES:
16.10.6.1, 16.10.6.2, 16.10.6.3, 16.10.6.4 and 16.10.6.5;

Cross reference
16.5.1.12, 16.10.2, 16.10.3, 16.7.17.12

Responsibility Activities Timing
Canada (DFO) Allocate the first 3,000 sockeye and 200 chinook Salmon to the CAFN until such a time as a TAC is established for the Alsek River drainage basin, and for other species of Salmon, ensure that the needs of CA People receive primary consideration in the allocation of those species. Annually, until a TAC is set
Canada (DFO) Notify CAFN that a TAC has been set. As required
Canada (DFO) and CAFN Negotiate a percentage allocation for either sockeye or chinook Salmon in accordance with 16.10.3. If TAC is established for the Alsek
Canada (DFO) Allocate Salmon to CAFN pursuant to 16.10.6.1. or 16.10.6.2, whichever is greater. If a TAC is established
CAFN Provide harvest information pursuant to 16.5.1.12. Upon request

Planning Assumption

  1. The development of an Alsek River basin Total Allowable Catch (TAC) will require further consultation and negotiation within the joint Canada/USA Northern Panel of the Pacific Salmon Commission. Resolution of this transboundary issue may result in a specific Canadian TAC for the Alsek 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 Government of 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 YFNs 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 YFNs' 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 Nation 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 Yukon First Nation's annual allocation in order that after a period of no more than six years each YFN's 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 Yukon First Nation's 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 Yukon First Nation 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 Nation's 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 YFN may have resulted in the failure of an upstream YFN 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 YFN resulted in the unavailability of sufficient salmon for an upstream YFN 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 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 YFNs 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: Alsek River commercial and sport Salmon fishing licences.

RESPONSIBLE PARTY:
Canada (DFO)

PARTICIPANT/LIAISON:
Champagne and Aishihik First Nations

OBLIGATIONS ADDRESSED:
Government shall allocate to the Champagne and Aishihik First Nations either:

  • (a) The first two commercial Salmon fishing licences which may be issued by Government for the drainage basin of the Alsek River; or
  • (b) 26 percent of the total number of any commercial Salmon fishing licences which may be issued by Government from time to time for the drainage basin of the Alsek River, whichever is greater.

Government shall allocate to the Champagne and Aishihik First Nations either:

(a) the first two commercial Salmon sport fishing licences which Government may issue for the drainage basin of the Alsek River; or

(b) 26 percent of the total number of any commercial Salmon sport fishing licences which may be issued by Government from time to time for the drainage basin of the Alsek River,whichever is greater.

Government shall issue to the Champagne and Aishihik First Nations a licence allocated to it under 16.10.18.1 or 16.10.18.2 upon application by the Champagne and Aishihik First Nations provided that the Champagne and Aishihik First Nations satisfies the requirements in effect from time to time applicable to other applicants for the issuance of such a licence for the drainage basin of the Alsek River.

(a) Upon the request of the Champagne and Aishihik First Nations or Government, the Sub-Committee shall review and make recommendations to the Minister on the requirements otherwise in effect from time to time for the issuance of a licence under 16.10.18.3.

A licence issued to the Champagne and Aishihik First Nations under 16.10.18.3 shall not be transferable.

A reissued licence shall not be considered a new licence for the purpose of calculating the number of licences required to be allocated to the Champagne and Aishihik First Nations pursuant to 16.10.18.1 or 16.10.18.2.

Government shall issue, without fee, the licences referred to in 16.10.18.1 and 16.10.18.2.

REFERENCED CLAUSES:
16.10.18.1 - 16.10.18.6;

Cross reference
16.7.17.12(e)

Responsibility Activities Timing
Canada (DFO) Notify CAFN that licences are available for issue. If commercial fishery is permitted
Canada (DFO) Allocate to CAFN commercial Salmon fishing and/or commercial sport Salmon fishing licences in accordance with 16.10.18.1 and 16.10.18.2. Annually, if these fisheries become licensed
CAFN Apply for licences. As desired
Canada (DFO) Issue licence to CAFN in accordance with 16.10.18.1 or 16.10.18.2, without fee. Upon application if application satisfies requirements
Canada (DFO) or CAFN Request that SSC review licensing requirements in place. At its discretion
SSC Review and make recommendations to the Minister on licensing requirements. Upon receipt of request

Planning Assumptions

  1. The activities and obligations described will only be undertaken if commercial and/or sports commercial fishing licences have been approved for the Alsek River drainage basin.
  2. Canada (DFO) will review with the SSC any requirements for an Alsek River commercial and/or sport commercial licensing.
  3. Canada (DFO) may conduct negotiations with the Canada/USA Northern Panel to establish an Alsek River drainage basin TAC upon recommendation by the SSC.

PROJECT: Allocation of traplines

RESPONSIBLE PARTY:
Yukon, Renewable Resources Council

PARTICIPANT/LIAISON:
CAFN

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

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

REFERENCED CLAUSES:
16.11.3.1, 16.11.3.4;

Cross reference
16.11.3, 16.11.3.2, 16.11.3.3

Responsibility Activities Timing
Renewable Resources Council Establish additional criteria for process to reach goal of 16.11.3. As soon as practicable after Effective Date
Renewable Resources Council Inform Yukon and CAFN of additional criteria. Prior to Yukon establishing its process
Yukon Establish procedures for trapline allocation to ensure goal of 16.11.3, unless otherwise set out in CAFA. As soon as practicable after Effective Date

Planning Assumption

  1. Renewable Resources Council may solicit CAFN and Government views regarding the criteria for the process to reach goal of 16.11.3.

PROJECT: Maintenance of register of Category 1 and 2 Traplines

RESPONSIBLE PARTY:
Yukon, Renewable Resources Council, CAFN

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, Chapter 2 Schedule B 6.0

Responsibility Activities Timing
CAFN Notify Yukon and Renewable Resources Council if trapline concession holders have consented to their traplines being designated as Category 1 Traplines, or if mutual agreement reached re: trade pursuant to 16.11.10.4. After written consent of trapline holder
Yukon Revise trapline concession register to distinguish between Category 1 and Category 2 Traplines. Before or as soon as practicable following the Effective Date
Yukon Notify Renewable Resources Council of register and provide copies. After establishment of register
CAFN Notify Renewable Resources Council of register and provide copies. After establishment of register

Planning Assumption

  1. Designation of traplines in overlap areas as Category 1 is addressed in specific provisions of the Final Agreements.

PROJECT: Establish a compensation policy for Yukon Indian trappers

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
CAFN, 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 practicable
Canada, Yukon Send draft process to CAFN and Renewable Resources Councils for review and comments.  
CAFN, 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 Council 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 Council

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:
CAFN 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:  
CAFN 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
CAFN 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:  
CAFN 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, CAFN, 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 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
CAFN 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 CAFN regarding need for and timing of Forest Resources inventories and plans. At its discretion
Government Undertake management inventory. If necessary
Government, CAFN 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, CAFN Approve and implement plans consistent with Chapter 17.  

Planning Assumptions

  1. To the extent practicable, RRC, CAFN 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 CAFN 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 Council

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 of Forest Resources Management plans

RESPONSIBLE PARTY:
Canada, CAFN

PARTICIPANT/LIAISON:
Canada, RRC

OBLIGATIONS ADDRESSED:
The Minister, in Consultation with the Champagne and Aishihik First Nations, shall determine the timing for the development of Forest Resources Management plans within the Champagne and Aishihik First Nations Traditional Territory.

REFERENCED CLAUSES:
17.5.4.1;

Cross reference
17.5.3

Responsibility Activities Timing
Canada Notify CAFN of intention to set timing for the development of a plan and provide details. At discretion of Canada
CAFN 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 CAFN of timing determined for the development of the plan. As soon as practicable

PROJECT: Use of pesticides or herbicides by CAFN on Settlement Land

RESPONSIBLE PARTY:
CAFN

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
CAFN Notify Government that use of herbicides or pesticides on Settlement Land is being considered. Prior to application of herbicides or pesticides
CAFN 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 CAFN
CAFN Provide full and fair consideration of views presented. Prior to taking any action
Government and CAFN 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 CAFN Traditional Territory

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
CAFN

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 CAFN 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/desease and any other relevant information. Prior to application of herbicides or pesticides
CAFN 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:
CAFN

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

REFERENCED CLAUSES:
17.8.2;

Cross reference
17.4.4

Responsibility Activities Timing
Government Notify CAFN 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 the Effective Date
CAFN 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 CAFN Settlement Land and for adjacent Non-Settlement Land. After Consultation
Government Notify CAFN of new priorities established. Once priorities are established

Planning Assumptions

  1. The general forest fire fighting priorities of CAFN may change over time; upon request of CAFN, Government will consider amending general priorities to reflect the wishes of CAFN.
  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:
CAFN

OBLIGATIONS ADDRESSED:
For a period of five years after the Effective Date of 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 CAFN prior to taking action to fight fires on CAFN Settlement Land. Where practicable
Government Fight fires on CAFN 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, CAFN 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:
CAFN

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
CAFN Review application for access from a holder of a commercial timber permit. Upon application and prior to access
CAFN Determine whether access will be granted. Upon request
CAFN Notify applicant of decision in writing. Within a reasonable time
CAFN 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:
CAFN

PARTICIPANT/LIAISON:
Surface Rights Board, agreement holder

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
CAFN Review application for access from the holder of a timber harvesting agreement. Upon receipt of application
CAFN Determine whether access will be granted. Upon request
CAFN Notify applicant of decision in writing. Within a reasonable time
CAFN 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:
CAFN

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 CAFN of public tender within CAFN Traditional Territory. Upon invitation of public tender

PROJECT: Economic opportunities -- Silviculture

RESPONSIBLE PARTY:
Government, CAFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Government shall provide written notice to the Champagne and Aishihik First Nations of any invitation for public tenders for contracts associated with silviculture within the Champagne and Aishihik First Nations Traditional Territory.

The Champagne and Aishihik First Nations shall have the first opportunity to accept any fixed term contract offered by Government associated with silviculture within the Champagne and Aishihik First Nations Traditional Territory.

REFERENCED CLAUSES:
17.14.2.2, 17.14.2.3;

Cross reference
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 CAFN. As required
CAFN Accept or reject contract offer and notify Government. As required
Government Notify CAFN in writing of an invitation for public tender of contracts associated with silviculture in the CAFN Traditional Territory. As required
CAFN Review invitation and determine if proposal to be submitted. Within period of time specified by Government
CAFN Notify Government of determination and submit proposal if appropriate. Within specified time period

PROJECT: Evaluation criteria -- Silviculture contracts

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Government shall include a criterion for Champagne and Aishihik Person employment in any contract opportunities associated with silviculture within the Champagne and Aishihik First Nation Traditional Territory.

REFERENCED CLAUSES:
17.14.2.6;

Cross reference
17.14.2.7; Chapter 22

Responsibility Activities Timing
Government In cooperation with CAFN, modify government contract tendering documents as required to include a criterion for Champagne and Aishihik Person employment in silviculture contracts opportunities in the CAFN Traditional Territory. Prior to tendering contracts in the CAFN Traditional Territory

PROJECT: Hiring of Champagne and Aishihik People to fight forest fires

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Where Government requires Extra Fire Fighters to fight fires within the Champagne and Aishihik First Nations Traditional Territory, it shall, where practicable, hire Champagne and Aishihik People.

For the purpose of 17.14.2.8, "Extra Fire Fighters" means personnel, other than regular employees or seasonally employed crews, hired on a casual basis for fighting activities.

REFERENCED CLAUSES:
17.14.2.8

Responsibility Activities Timing
Government Notify CAFN of requirement for Extra Fire Fighters to fight fire in CAFN Traditional Territory. As appropriate
CAFN Provide list of individuals who may be available. As soon as practicable
Government Hire Champagne and Aishihik People as Extra Fire Fighters. As practicable

PROJECT: Conflicts between exercise of Mineral Right and exercise of Specified Substances Rights

RESPONSIBLE PARTY:
CAFN

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
CAFN 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
CAFN 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:
CAFN

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 CAFN. Annually, as applicable

PROJECT: Further identification of Quarries on Settlement Land

RESPONSIBLE PARTY:
Yukon, Canada

PARTICIPANT/LIAISON:
CAFN

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 Champagne and Aishihik First Nations Settlement Land which are subject to further identification of Quarries pursuant to 18.2.5.2 are the following:

R-2A, R-3A, R-9B, R-12B, R-34A, R-36A, R-46B and R-75A,

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 Champagne and Aishihik First Nations in the further identification of Quarries on Champagne and Aishihik First Nations 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, 26.3.1.3

Responsibility Activities Timing
Yukon, Canada Identify further Quarries on Settlement Land R-2A, R-3A, R-9B, R-12B, R-34A, R- 36A, R-46B and R-75A as identified in Appendix A - Settlement Land Descriptions and Appendix B - Maps, taking into consideration 18.2.3. No later than 2 years from the Effective Date
Yukon, Canada Notify CAFN of the further identification of Quarries. Provide details. No later than 2 years from the Effective Date
CAFN Prepare and present views. Within a reasonable time period after notification by Government
Yukon, Canada Provide full and fair consideration of CAFN views. After CAFN presents views
Yukon, Canada Make final decision re: identification of Quarries, taking into account views of CAFN. After CAFN presents views
Yukon, Canada Notify CAFN of identified Quarries. Upon making decision

PROJECT: Government use and restoration of specified Quarries on Settlement Land

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
CAFN, 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 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 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 CAFN of intention to abandon use of Quarry. Prior to ending use
CAFN Review notice and determine if site restoration is appropriate. Upon receipt of notice
CAFN Notify Government of decision regarding need for site restoration.] As soon as practicable
Government Restore Quarry in accordance with standards. If required by CAFN
Government and CAFN Prepare for and respond to application to the Surface Rights Board. If dispute arises and a referral is made by either Government or the CAFN

PROJECT: Government use of other Quarries on Settlement Land

RESPONSIBLE PARTY:
Government, CAFN

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 CAFN 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 CAFN 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.

OR
If agreement is reached with CAFN within 30 days
Government Abandon proposal to use Quarry on Settlement Land.

OR
If no agreement reached with CAFN within 30 days
Government or CAFN Refer dispute to the Surface Rights Board. If no agreement reached with CAFN within 30 days

PROJECT: Other Government use of Quarries

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Unless Government and the 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 CAFN 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 CAFN.
As required
CAFN Consider request and notify Government of decision, including proposed terms and conditions if applicable. Upon request from Government
Government Use Quarry as agreed.

or
With consent of CAFN
Government Abandon proposal for use. If consent not obtained from CAFN

PROJECT: Access to Settlement Land with the consent of CAFN for the exercise of Mineral Rights

RESPONSIBLE PARTY:
CAFN, 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
CAFN Receive request for access to Settlement Land. As required prior to access pursuant to listed clauses
CAFN Determine whether or not access will be granted. Upon request
CAFN Notify applicant of decision. Within a reasonable time
CAFN 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:
CAFN

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 CAFN 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
CAFN 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 CAFN and Canada with estimate of property tax bill for CAFN, 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 CAFN, Canada and taxation authority with a list of the CAFN 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 CAFN 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 CAFN 100% of tax bill, net of any homeowner's grant. Annually, in sufficient time to enable CAFN to pay taxes by due date of July 2
Canada In subsequent nine years, pay CAFN the stipulated portion of the tax bill, based on the amount owing net of any homeowner's grant.  

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 CAFN Settlement Land when the application form for the homeowner's grant is sent to the CAFN. As part of the process of applying for the homeowner's grant, the CAFN 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:
CAFN

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, CAFN For the first assessment roll prepared following the Effective Date, discuss and attempt to reach agreement on which properties on CAFN 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:
CAFN

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 CAFN or any CAFN 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 CAFN or any CAFN 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 CAFN if taxing authority decides to attach the assets of the CAFN or any CAFN 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 CAFN for Local Government Services

RESPONSIBLE PARTY:
Yukon, Municipality

PARTICIPANT/LIAISON:
CAFN

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 CAFN 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 CAFN 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 CAFN and any corporation owned or controlled by the CAFN

RESPONSIBLE PARTY:
Yukon, Village of Haines Junction

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Unless otherwise agreed between the Champagne and Aishihik First Nations and the Village of Haines Junction, the Champagne and Aishihik First Nations and any corporation owned and controlled by the Champagne and Aishihik First Nations shall pay the same rates for user-pay Local Government Services as are paid by property owners of the Village of Haines Junction.

REFERENCED CLAUSES:
21.4.1.1;

Cross reference
Self Government Agreement 26.0

Responsibility Activities Timing
CAFN, Yukon or Village of Haines Junction Attempt to reach agreement on the rates to be paid for Local Government Services by CAFN or any corporation owned or controlled by CAFN. At the request of either party
Yukon or Village of Haines Junction If no agreement, ensure rates for user-pay Local Government Services which are billed to the CAFN or any corporation owned or controlled by the CAFN are the same as would be paid by property owners in the Village of Haines Junction. From the Effective Date

Planning Assumption

  1. Responsibility will vary between Yukon and the Village of Haines Junction depending upon responsibility for the delivery of different Local Government Services.

PROJECT: Forgiveness of outstanding Property Taxes on CAFN Settlement Land outside of the Community Boundary of Haines Junction

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
The Yukon shall forgive Property Taxes outstanding as at the Effective Date of this Agreement on Champagne and Aishihik First Nations Settlement Land outside of the Community Boundary of Haines Junction

REFERENCED CLAUSES:
21.6.1.1

Responsibility Activities Timing
Yukon Forgive outstanding Property Taxes on CAFN Settlement Land outside of the Community Boundary of Haines Junction. As of the Effective Date

PROJECT: Economic development opportunities plan

RESPONSIBLE PARTY:
Canada, Yukon, CAFN

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 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

REFERENCED CLAUSES:
22.3.1; 22.3.2

Responsibility Activities Timing
CAFN Notify Canada and Yukon of intention to establish tripartite planning group to prepare plan. After completion of the Implementation Plan
Parties Establish planning group, set timelines and develop workplan. 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 CAFN. When plan is complete

Planning Assumptions

  1. Plans will take into account existing economic development priorities of the CAFN.
  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:
CAFN, 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
CAFN Identify CAFN 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 CAFA 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 Chapter 22 Schedule A Part I;

Cross reference
22.2.2, 22.9.1, 28.3.3.5

Responsibility Activities Timing
CAFN, Yukon Assess employment opportunities within the trades sector, in CAFN 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 CAFA 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:
CAFN

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
CAFN Advise Yukon that CAFN 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
CAFN 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 CAFN if they have 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 CAFN who are 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 CAFN through the Yukon Contract Administration office.
  2. CAFN 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:
CAFN

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 CAFN with a copy of the list of contracts as tabled annually in the Legislature. As soon as practicable after annual tabling

Planning Assumptions

  1. If lists of contracts are generated on a more frequent basis, Yukon will provide as available.

PROJECT: Inclusion of CAFN on federal contract lists

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
CAFN

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
CAFN Advise Canada if CAFN 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 CAFN request
CAFN Notify Canada of qualifications, etc. when indicating on which contract list CAFN wishes to be included. At discretion
Canada Notify CAFN if CAFN included on specific contract lists. At request of CAFN
Canada Provide publicly available information with respect to contracts that have been awarded in Yukon. As soon as practicable after CAFN request

Planning Assumptions

  1. CAFN may request that information re: contracts be provided through a workshop or meeting. Such workshops/meetings may be coordinated with other Yukon First Nation.
  2. When seminars/workshops are arranged, there may be an initial consultation process between CAFN 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:
CAFN

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 CAFN corporations re: access to contracts, standing offer agreements, how to register on lists or inventories. At request of Yukon Indian People
Yukon, Canada Provide this information through seminars/ workshops. Where practicable

Planning Assumption

  1. When seminars/workshops are arranged, there may be an initial consultation process between CAFN and Government with respect to the content and delivery of the information.

PROJECT: Structuring contracts to a manageable size

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
Yukon First Nations

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 CAFN

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 CAFN
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: CAFN participation with Yukon Development Corporation

RESPONSIBLE PARTY:
Yukon Development Corporation, CAFN

PARTICIPANT/LIAISON:
CAFN 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
CAFN corporations or Yukon Development Corporation At discretion, meet to discuss participation with CAFN corporations or Yukon Development Corporation in economic opportunities [such as joint ventures, partnerships and equity participation in subsidiary corporations]. After Effective Date
CAFN corporations or Yukon Development Corporation At discretion, propose participation in specific economic opportunities. When the opportunity arises
CAFN corporations or Yukon Development Corporation Review/study proposal at discretion. Respond to initiating Party - accept or decline proposal. Within a reasonable time period
CAFN corporations or Yukon Development Corporation Proceed with joint participation in economic opportunity. If proposal accepted by both Parties

PROJECT: CAFN participation in acquisition or disposal of business venture

RESPONSIBLE PARTY:
Yukon Development Corporation

PARTICIPANT/LIAISON:
CAFN

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 CAFN of opportunity to participate in acquisition or disposal of a business venture in a timely manner. Where Yukon Development Corporation seeks public participation
CAFN Research feasibility of participation in acquisition or disposal of business venture. At discretion, after notification of business opportunity
CAFN 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:
CAFN

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
CAFN 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:
CAFN

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 Champagne and Aishihik First Nations Traditional Territory that reflects the aboriginal/non-aboriginal make-up of the population of the Yukon.

Government shall Consult with the Champagne and Aishihik First Nations 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 Champagne and Aishihik First Nations 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 CAFN Traditional Territory. As soon as practicable after Effective Date
Canada, Yukon Notify CAFN of intention to develop plan, provide details of proposal and arrange for meeting of Parties.  
CAFN, Canada, Yukon Discuss proposal for plan and develop outline of plan. At scheduled meeting
Canada, Yukon Develop the plan incorporating views of CAFN wherever practicable. After meeting with CAFN
Canada, Yukon Send proposed plan to CAFN and ask for response. After completion of plan.
CAFN Prepare and present its views. Within a reasonable period of time
Canada, Yukon Complete the plan, making changes, wherever practicable, based on CAFN response.  

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 CAFN primary interests will be in the Traditional Territory and therefore the initial steps in the plan should focus on the CAFN 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:
CAFN

OBLIGATIONS ADDRESSED:
Government may consolidate the plan, after Consultation with the Champagne and Aishihik First Nations, with any other similar plan required by another Yukon First Nation Final Agreement, provided the consolidation does not adversely affect the benefits of the Champagne and Aishihik First Nations set out in the plan.

REFERENCED CLAUSES:
Chapter 22 Schedule A Part I 1.4

Responsibility Activities Timing
Canada, Yukon Notify CAFN of desire to consolidate the plan with other plans. Provide details and request comments. If Government intends to consolidate
CAFN Prepare and present views, including comments on potential adverse effects. Within a reasonable time period
Government Provide full and fair consideration to views presented by CAFN.  
Government At discretion and if there is agreement that there are no adverse effects to CAFN, consolidate the plans. At discretion

Planning Assumption

  1. This activity may be initiated at the request of CAFN.

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 Champagne and Aishihik First Nations 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 CAFN 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 CAFN

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:
Government of the Yukon, Champagne and Aishihik First Nations, Project developer

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Where the Yukon has the jurisdiction to issue a Decision Document for a Project in the Champagne and Aishihik First Nations Traditional Territory which is reviewed by a panel of YDAB, the Yukon Minister may require in the Decision Document that the developer, the Champagne and Aishihik First Nations and the Yukon negotiate a Project agreement.

Project agreements referred to in 2.2 may include:

  • employment opportunities for Champagne and Aishihik First Nations;
  • business opportunities for the Champagne and Aishihik First Nations or for Champagne and Aishihik, including contracts and the provision of goods and services;
  • investment opportunities for the Champagne and Aishihik First Nations including equity purchase; and
  • other measures to mitigate negative socio-economic effects of the Project on the First Nation Champagne and Aishihik or Champagne and Aishihik.

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 CAFN, Yukon and the developer to negotiate a Project agreement. Until Jan. l, 2016
Yukon, CAFN, Project developer Negotiate Project agreement. If required by Decision Document
Canada, Yukon, CAFN Enter agreement to extend period of application of 2.2. If agreed by Parties

Planning Assumptions

  1. 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, CAFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Government may enter into economic development agreements with the Champagne and Aishihik First Nations which provide:

  • technical and financial assistance for economic development purposes to residents of the Champagne and Aishihik First Nations Traditional Territory and to organizations, businesses and corporations owned by those residents; and
  • for the participation of the Champagne and Aishihik First Nations in the planning, management, administration and decision making of those programs and services.

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 Champagne and Aishihik First Nations, consistent with the ability of the Champagne and Aishihik First Nations to contribute; and
  • may provide for a financial contribution by Government for the purpose of the agreement.

The Champagne and Aishihik First Nations 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

Responsibility Activities Timing
Canada, Yukon, CAFN At discretion of any Party, initiate request to negotiate economic development agreements with CAFN. After Effective Date
Canada, Yukon, CAFN Assess need to negotiate economic development agreement.  
Parties Respond to request to enter negotiations. Within a reasonable period of time
Canada, Yukon, CAFN Negotiate economic development agreements. If Parties agree
CAFN 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

PROJECT: Negotiation of terms and conditions for acquiring interest in a project

RESPONSIBLE PARTY:
CAFN, Proponent

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
The Champagne and Aishihik First Nations 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 Champagne and Aishihik First Nations, at the request of the Champagne and Aishihik First Nations, shall negotiate the terms and conditions of the Champagne and Aishihik First Nations 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 Champagne and Aishihik First Nations an offer setting out all the proposed terms and conditions of the Champagne and Aishihik First Nations acquiring its interest pursuant to 4.2 in the Project.

The offer referred to in 4.5 shall be open for acceptance by the Champagne and Aishihik First Nations for 30 days, and, failing acceptance of the offer, the option described in 4.2 shall lapse, and the Proponent shall have no further obligation to the Champagne and Aishihik First Nations under 4.0 for that Project.

The Proponent shall, as soon as practicable:

  • give notice to the Champagne and Aishihik First Nations of completion of all studies of and investigations into the feasibility of a Project and make those studies available to the Champagne and Aishihik First Nations; and give notice to the Champagne and Aishihik First Nations 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
Chapter 22 Schedule A Part I 4.1, 4.3, 4.8, 4.11, 22.6.6

Responsibility Activities Timing
Proponent Communicate to CAFN about any proposed projects within CAFN Traditional Territory. Annually and preferably at least six months prior to offering an option to CAFN
Proponent Provide general information with respect to proposed projects. At request of CAFN and within a reasonable period of time after request
Proponent Provide notice to CAFN of completion of all studies and investigations into the feasibility of a Project. As soon as practicable
Proponent Make studies available to CAFN. At request of CAFN
Proponent Provide notice to CAFN of receipt of all regulatory approvals. As soon as practicable after receipt of regulatory approvals
CAFN, Proponent Enter into negotiations re: terms and conditions of acquiring an interest in the Project. After Proponent provides above notice, and after request by CAFN
Proponent Provide to CAFN a written offer setting out terms and conditions for acquiring an interest in the Project pursuant to 4.2. If parties have not agreed on terms and conditions, and at least 270 days after notice given under 4.7.2

Planning Assumption

  1. If both Parties agree to do so, the Proponent and CAFN may enter into discussions prior to the receipt of all regulatory approvals concerning acquisition of an interest in a Project by the CAFN.

PROJECT: Offer to purchase Champagne and Aishihik First Nations interest in a Project

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:
Proponent

OBLIGATIONS ADDRESSED:
Unless otherwise agreed by all the parties owning an interest in a Project, the Champagne and Aishihik First Nations, 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 Champagne and Aishihik First Nations 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
CAFN Unless otherwise agreed by all the parties owning an interest: if ready and willing to accept an offer to purchase CAFN interest, communicate terms of offer to the Proponent. Upon receipt of a bona fide offer to purchase CAFN interest
Proponent Advise CAFN in writing of its intention to exercise Proponent's first right to purchase, if Proponent decides to exercise this 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 CAFN interest

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 5.1 shall be construed to mean that a criterion for Champagne and Aishihik First Nations employment shall be the determining criterion in awarding any contract.

REFERENCED CLAUSES:
Chapter 22 Schedule A Part I 5.1, 5.2;

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 opportunities and job descriptions

PROJECT: Right to acquire new commercial freshwater fishing permits or licences

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
The Champagne and Aishihik First Nations shall have the right of first refusal to acquire new commercial freshwater fishing permits or licences in the Champagne and Aishihik First Nations Traditional Territory until the Champagne and Aishihik First Nations and Champagne and Aishihik Firms together have been allocated 25 percent of commercial freshwater fish quota in the Champagne and Aishihik First Nations Traditional Territory.

The Champagne and Aishihik First Nations shall apply to Government 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 6.5 shall not be considered a licence or permit offered to the Champagne and Aishihik First Nations under 1.0, 2.0 or 3.0.

Government shall issue to the Champagne and Aishihik First Nations a licence or permit offered to the Champagne and Aishihik First Nations under 1.0, 2.0 or 3.0 upon application by the Champagne and Aishihik First Nations, provided that the Champagne and Aishihik First Nations satisfies the requirements in effect from time to time applicable to other applicants for the issuance of such a licence or permit.

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 Champagne and Aishihik First Nations under these provisions which licence or permit the Champagne and Aishihik First Nations has sold or assigned.

Nothing in 1.0, 2.0, or 3.0 shall be construed to prevent the Champagne and Aishihik First Nations or Champagne and Aishihik Persons from acquiring additional permits or licences through the normal regulatory process.

The right of first refusal pursuant to 1.0, 2.0, 3.0, or 4.0 shall expire on January 1, 2016, unless the parties to this Agreement agree to extend the period of the application of those provisions.

REFERENCED CLAUSES:
Chapter 22 Schedule A Part II 1.1, 6.5, 6.6, 6.7, 6.8, 6.9, 6.10;

Cross reference
16.5.4, Chapter 22 Schedule A Part II 6.3

Responsibility Activities Timing
Yukon Communicate with CAFN if Yukon is considering issuing new commercial freshwater fishing permits or licences in the Traditional Territory of CAFN. Prior to making decision about issuing new licences
CAFN At discretion, consider issue and provide comments to Yukon. Within a reasonable period of time
Yukon Notify CAFN of decision and offer licence or permit to CAFN. Upon decision to issue new commercial freshwater fishing permits or licences until CAFN or CAFN firms have been allocated 25% of quota or until Jan. 1, 2016, unless otherwise agreed
CAFN At discretion, respond to offer. Within one year of offer of licence or permit
Yukon Issue licence or permit. If CAFN applies and satisfies requirements
Yukon Provide information re: allocations of commercial freshwater fish licences or permits, and on the assoicated commercial freshwater fish quotas, in Traditional Territory of CAFN. Upon request of CAFN

Planning Assumption

  1. A commercial freshwater fish quota is established whenever commercial freshwater fishing permits or licences are issues 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, Canada

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
If Government establishes a quota for a sector of the commercial wilderness adventure travel industry in the Champagne and Aishihik First Nations Traditional Territory, the Champagne and Aishihik First Nations 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 Champagne and Aishihik First Nations 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 Champagne and Aishihik Firms to operate at their then existing level, or
    • the number of permits or licences which remains after the then existing operators in the Champagne and Aishihik First Nations 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 Champagne and Aishihik First Nations any new licences or permits issued by Government from time to time until the Champagne and Aishihik First Nations and Champagne and Aishihik Firms together have been allocated 25 percent of the quota in effect from time to time.

A commercial river rafting trip which originates on the Alsek River and continues on to the Tatshenshini River shall be included in the calculation required by 2.1 for licences or permits for commercial river rafting on the Tatshenshini River.

The Champagne and Aishihik First Nations shall apply to Government 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 6.5 shall not be considered a licence or permit offered to the Champagne and Aishihik First Nations under 1.0, 2.0 or 3.0.

Government shall issue to the Champagne and Aishihik First Nations a licence or permit offered to the Champagne and Aishihik First Nations under 1.0, 2.0 or 3.0 upon application by the Champagne and Aishihik First Nations, provided that the Champagne and Aishihik First Nations satisfies the requirements in effect from time to time applicable to other applicants for the issuance of such a licence or permit.

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 Champagne and Aishihik First Nations under these provisions which licence or permit the Champagne and Aishihik First Nations has sold or assigned.

Nothing in 1.0, 2.0, or 3.0 shall be construed to prevent the Champagne and Aishihik First Nations or Champagne and Aishihik Persons from acquiring additional permits or licences through the normal regulatory process.

The right of first refusal pursuant to 1.0, 2.0, 3.0, or 4.0 shall expire on January 1, 2016, unless the parties to this Agreement agree to extend the period of the application of those provisions.

REFERENCED CLAUSES:
Chapter 22 Schedule A Part II 2.1, 6.5, 6.6, 6.7, 6.8, 6.9, 6.10;

Cross reference
Chapter 22 Schedule A Part II 6.3

Responsibility Activities Timing
Government Following Consultation required in Chapter 22, Schedule A, Part II, 6.3, notify CAFN 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 CAFN or CAFN firms have been allocated 25% of the quota or until Jan. 1, 2016, unless otherwise agreed
CAFN Respond to offer. Within one year of offer of licence or permit, and at discretion of CAFN
Government Issue licence or permit. If CAFN applies and satisfies requirements

Planning Assumption

  1. A definition of existing wilderness adventure travel operators will be established in consultation with CAFN 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:
CAFN

OBLIGATIONS ADDRESSED:
If Government establishes a quota for the commercial freshwater sports fishing industry in the Champagne and Aishihik First Nations Traditional Territory, the Champagne and Aishihik First Nations 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 Champagne and Aishihik First Nations:
    • the number of licences or permits equal to 25 percent of the quota established by Government, less the number of licences or permits which are required to allow existing operations which are held by Champagne and Aishihik Firms to operate at their then existing level, or the number of licences or permits which remains after the then existing operators in the Champagne and Aishihik First Nations 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 Champagne and Aishihik First Nations any new licences or permits issued by Government from time to time until the Champagne and Aishihik First Nations and Champagne and Aishihik Firms together have been allocated 25 percent of the quota in effect from time to time.

Government shall Consult with the Champagne and Aishihik First Nations 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 Champagne and Aishihik First Nations Traditional Territory.

The Champagne and Aishihik First Nations may enter into joint ventures or other arrangements with other Persons to use a permit or licence allocated to the Champagne and Aishihik First Nations pursuant to 1.0, 2.0 or 3.0.

REFERENCED CLAUSES:
Chapter 22 Schedule A Part II 3.1, 6.5, 6.6, 6.7, 6.8, 6.9, 6.10;

Cross reference
16.5.4, Chapter 22 Schedule A Part II 6.3

Responsibility Activities Timing
Yukon Following Consultation required in Chapter 22, Schedule A, Part II, 6.3, notify CAFN 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 CAFN or CAFN firms have been allocated 25% of the quota or until Jan. 1, 2016 unless otherwise agreed
CAFN At discretion, respond to offer. Within one year of offer of licence or permit
Yukon Issue licence or permit. If CAFN applies and satisfies requirements

PROJECT: Right to acquire outfitting concessions.

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
The Champagne and Aishihik First Nations shall have the right of first refusal to acquire the first outfitting concession which may be established in the Champagne and Aishihik First Nations Traditional Territory after the Effective Date of this Agreement.

Upon establishing a new outfitting concession in the Champagne and Aishihik First Nations Traditional Territory, Government shall give notice in writing to the Champagne and Aishihik First Nations of the establishment of that concession and of the terms and conditions upon which that concession may be acquired.

The Champagne and Aishihik First Nations shall exercise the right of first refusal set out in 4.1 at any time during 90 days from the date it receives the notice referred to in 4.1.1 by advising Government, in writing, of its intention to exercise the right.

If the Champagne and Aishihik First Nations fails to advise Government in writing within 90 days of receiving the notice referred to in 4.1.1 whether it is exercising that right, it shall be deemed to have given notice that it is not exercising that right.

The sale, transfer or assignment of any existing outfitting concession within the Champagne and Aishihik First Nations Traditional Territory or the realignment of the borders of any existing outfitting concession within the Champagne and Aishihik First Nations Traditional Territory shall not be considered a new outfitting concession for the purposes of 4.0.

The right of first refusal pursuant to 1.0, 2.0, 3.0, or 4.0 shall expire on January 1, 2016, unless the parties to this Agreement agree to extend the period of the application of those provisions.

REFERENCED CLAUSES:
Chapter 22 Schedule A Part II 4.1, 4.2, 6.10;

Cross reference
16.5.4

Responsibility Activities Timing
Yukon Communicate with CAFN if Yukon is considering establishment of a new outfitting concession. Prior to making decision about issuing new concessions
CAFN At discretion, consider issue and provide comments to Yukon. Within a reasonable period of time
Yukon Give notice in writing to CAFN of the establishment of a concession and of the terms and conditions. Upon establishing a new outfitting concession in the CAFN Traditional Territory, or until Jan. 1, 2016 unless otherwise agreed
CAFN Respond to offer in writing. Within 90 days of receipt of notice from Yukon, and at discretion of CAFN
Yukon Issue outfitting concession. If CAFN applies and meets the terms and conditions

PROJECT: Development of a commercial wilderness campsite at confluence of Silver Creek and the Tatshenshini River.

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
If Government permits a commercial wilderness campsite to be developed at the confluence of Silver Creek and the Tatshenshini River within the boundaries of the area marked "Silver Creek Wilderness Campsite Area" on Inset Sketch A dated March 25, 1993, on Territorial Resource Base Map 115 A/3, dated July 10, 1992 in Appendix B - Maps, which forms a separate volume to this Agreement, the Champagne and Aishihik First Nations shall have the right of first refusal to develop and operate that campsite as follows:

Government shall notify, in writing, the Champagne and Aishihik First Nations that it has decided to permit a commercial wilderness campsite to be developed within the location identified in 5.1;

The Champagne and Aishihik First Nations shall have 60 days from the date notice under 5.1.1 is received to advise Government in writing whether it is exercising its right of first refusal under 5.1.

If the Champagne and Aishihik First Nations advises Government in writing that it is not exercising its right of first refusal under 5.1, or if the Champagne and Aishihik First Nations fails to advise Government in writing within 60 days of receiving notice under 5.1.1, Government may offer the opportunity to develop and operate the campsite to others.

Government or the Champagne and Aishihik First Nations may refer any dispute arising from 5.1.1 to 5.1.3 to the dispute resolution process under 26.4.0.

The campsite referred to in 5.1 shall be developed and operated in accordance with:

  • the terms and conditions of the permit issued by Government;
  • the provisions of an approved management plan referred to in Schedule B - The Tatshenshini River, attached to Chapter 13 - Heritage; and
  • the provisions of any park management plan or Legislation which applies to the campsite or the lands comprising the campsite.

REFERENCED CLAUSES:
Chapter 22 Schedule A Part II 5.1, 5.2, 5.3

Responsibility Activities Timing
Yukon Provide notice in writing to CAFN of decision and provide details of any terms and conditions. Upon decision to develop a commercial wilderness campsite at confluence of Silver Creek and the Tatshenshini River
CAFN Respond to offer in writing. Within 60 days of receipt of notice from Yukon and at discretion of CAFN
Yukon Issue permit to CAFN If CAFN applies and agrees to terms and conditions re: operation of campsite
Yukon At discretion, make offer to others. If CAFN has not applied for permit within 60 days of receipt of notice or has indicated refusal
Yukon, CAFN At discretion of either Party, refer any dispute arising from offer of permit to dispute resolution process under 26.4.0.  

PROJECT: Establishment of a licensing or permitting regime for commercial river rafting on the Tatshenshini River.

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Within a year following the Effective Date of this Agreement, Government shall Consult with the Champagne and Aishihik First Nations on:

  • the need for, and possible terms and conditions of, a licensing or permitting regime for commercial river rafting on the Tatshenshini River;
  • the carrying capacity of the Tatshenshini River for commercial river rafting;
  • the establishment of criteria for determining whether a commercial river rafting operator on the Tatshenshini River is an existing operator referred to in 2.1.1; and
  • other matters related to the proposed licensing or permitting regime.

Following Consultation set out in 6.1, the Minister shall determine whether to establish a licensing or permitting regime for commercial river rafting on the Tatshenshini River, and if so, the terms and conditions of the licensing or permitting regime.

REFERENCED CLAUSES:
Chapter 22 Schedule A Part II 6.1, 6.2

Responsibility Activities Timing
Yukon Notify CAFN of intention to consider a proposed licensing or permitting regime. Provide details to CAFN. Within one year following Effective Date
CAFN Prepare and present its views on the proposed regime, taking into consideration the matters in clauses 6.1.1 to 6.1.4. Within a reasonable period of time after notification by Yukon
Yukon Provide full and fair consideration of views presented.  
Yukon Make decision whether to establish a licensing or permitting regime, and if so, decide on terms and conditions. After consideration of CAFN views
Yukon Communicate decision to CAFN.  

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:
CAFN

OBLIGATIONS ADDRESSED:
Government shall Consult with the Champagne and Aishihik First Nations 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 Champagne and Aishihik First Nations Traditional Territory.

REFERENCED CLAUSES:
Chapter 22 Schedule A Part II 6.3;

Cross reference
Chapter 22 Schedule A Part I 3.0; 16.6.9, 16.6.10.10

Responsibility Activities Timing
Yukon Notify CAFN 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 CAFN. Prior to making a decision to impose a limit, or to apply terms and conditions to licences or permits
CAFN 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 CAFN
Yukon Communicate decision to CAFN.  

Planning Assumption

  1. Yukon may consider imposing a limit pursuant to this clause as a result of recommendations in the 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:
CAFN

PARTICIPANT/LIAISON:
Yukon

OBLIGATIONS ADDRESSED:
The Champagne and Aishihik First Nations may enter into joint ventures or other arrangements with other Persons to use a permit or licence allocated to the Champagne and Aishihik First Nations pursuant to 1.0, 2.0 or 3.0.

REFERENCED CLAUSES:
Chapter 22 Schedule A Part II 6.4;

Cross reference
Chapter 22 Schedule A Part II 6.8

Responsibility Activities Timing
CAFN Enter into joint ventures or other arrangements. At discretion of CAFN

Planning Assumption

  1. Any requirement for notification of Yukon by CAFN will be addressed in the licence or permit requirements.

PROJECT: Calculation of Resource Royalty payments

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
CAFN

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
CAFN 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 CAFN 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, CAFN 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 CAFN and include information re: basis for calculation. Annually, following first activity
Yukon If there has been an overpayment or under payment to a CAFN, 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 CAFN Traditional Territory

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
CAFN

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 CAFN of application for fee simple interest in any Resource within the CAFN Traditional Territory. Provide details to CAFN. Upon receipt of application for a fee simple interest in any Resource
CAFN 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:
CAFN, 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
CAFN 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: Development on Parcel R-13B

RESPONSIBLE PARTY:
Canada (CPS), CAFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
(1) the only development permitted shall be a hotel, lodge or other tourist destination resort, unless otherwise agreed by the Canadian Parks Service and the Champagne and Aishihik First Nations;

(2) development or any other land use shall conform with the management objectives for and uses made of Kluane National Park and in particular shall not adversely affect the water quality of Kathleen Lake or any viewscape around Kathleen Lake;

(3) any developer shall Consult with the Canadian Parks Service respecting any proposed development;

(4) any dispute respecting the application of this Special Condition may be referred by any party to this Agreement to the dispute resolution process under 26.3.0,

REFERENCED CLAUSES:
Appendix A - Description of Settlement Land, R-13B, (1), (2), (3), and (4)

Responsibility Activities Timing
CAFN, Canada (CPS) Attempt to agree upon developments other than those identified in (1). If so desired
Any developer Notify and provide details of proposal for development to Canada (CPS). As necessary
Canada (CPS) Prepare and present views. Within a reasonable period of time
Any developer Provide full and fair consideration to views presented. Notify Canada (CPS) of decision.  
Canada (CPS), CAFN At discretion, refer to dispute resolution process under 26.3.0. If dispute arises re: application of the Special Condition

PROJECT: Identification of the bridgehead reserve at Jarvis River

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
Champagne and Aishihik First Nations

OBLIGATIONS ADDRESSED: subject to the following Special Conditions: the

the land for a bridgehead reserve at the Jarvis River described as sketch 1 on the attached Territorial Resource Base Map 115 A/13 shall not include the mineral springs, the location of which to be identified in consultation with the Champagne and Aishihik First Nations;

REFERENCED CLAUSES:
Appendix A - Description of Settlement Land, R-37A, R-47A

Responsibility Activities Timing
Government Notify and provide details to CAFN of desire to identify the bridgehead reserve at the Jarvis River.  
CAFN Prepare and present views. Within a reasonable period of time
Government Provide full and fair consideration to views presented. Notify CAFN of decision.  

PROJECT: Closure of all or any portion of the Haul Road on R-40B

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Government may, following Consultation with the Champagne and Aishihik First Nations, close all or any portion of the road designated as Haul Road on the attached Territorial Resource Base Map 105 D/13 in which case the Specified Access Right shall no longer apply to that closed portion,

REFERENCED CLAUSES:
Appendix A - Description of Settlement Land, R-40B

Responsibility Activities Timing
Government Notify and provide details of proposal to close all or any portion of the road designated as Haul Road.  
CAFN Prepare and present views. Within a reasonable period of time
Government Provide full and fair consideration of views presented. Notify CAFN of decision.  

PROJECT: Closure of all or any portion of the Taye Lake Road

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Government may, following Consultation with the Champage and Aishihik First Nations, close all or any portion of the Taye Lake Road which traverses the Parcel, in which case the Specified Access Right on the Taye Lake Road shall no longer apply to the closed road or any portion thereof;

REFERENCED CLAUSES:
Appendix A - Description of Settlement Land, R-43B

Responsibility Activities Timing
Yukon Notify and provide details of proposal to close all or any portion of the Taye Lake Road to CAFN. As required
CAFN Prepare and present views. Within a reasonable period of time
Yukon Provide full and fair consideration of views presented. Notify CAFN of decision.  

PROJECT: Replacement of the bridge over the Klukshu River

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
(1) Government shall have the right to maintain a bridge over the Klukshu River and carry out any associated works;

(2) Government shall have the right to replace the bridge over the Klukshu River with a bridge of similar standard following Consultation with the Champagne and Aishihik First Nations on the bridge design;

REFERENCED CLAUSES:
Appendix A - Description of Settlement Land, R-8A, (1) and (2);

Cross reference
Chapter 10 Schedule B

Responsibility Activities Timing
Yukon Notify and provide details of bridge design to CAFN. If proposing to replace the bridge over the Klukshu River
CAFN Prepare and present views. Within a reasonable period of time
Yukon Provide full and fair consideration to views presented. Notify CAFN of decision.  

PROJECT: Acquisition of any interest in Parcel S-52B

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:
Government

OBLIGATIONS ADDRESSED:
subject to the following Special Conditions:

(1) Haines Road

(i) upon receipt of a bonafide offer to acquire any interest in that part of the Parcel situated within the right-of-way for the Major Highway known as the Haines Road, which offer it is ready and willing to accept, the Champagne and Aishihik First Nations shall communicate the terms of that offer to Government which shall have the right to acquire that interest at the price and on the terms set out in the offer;

(ii) Government shall exercise its right to acquire the interest by advising the Champagne and Aishihik First Nations in writing, at any time within sixty days of the date upon which it receives notice of the offer, of its intention to exercise its right and complete the acquisition of the interest as soon as practicable but in any case within the following 100 days, failing which Government shall be deemed to have given notice to the Champagne and Aishihik First Nations that it does not intend to exercise that right;

(iii) Champagne and Aishihik First Nations agree not to allow the construction or erection of any additional structures on that portion of the Parcel located within right-of-way for the Major Highway known as the Haines Road,

REFERENCED CLAUSES:
Appendix A - Description of Settlement Land, S-52B

Responsibility Activities Timing
CAFN If ready and willing to accept an offer to acquire any interest in that part of the Parcel situated within the right-of-way for the Major Highway known as the Haines Road. Communicate terms of offer to Yukon. Upon receipt of a bona fide offer
Yukon Advise CAFN in writing of its intention to exercise its right to acquire the interest, if Yukon decides to exercise right. Within 60 days after receipt of the offer
Yukon Complete the acquisition of the interest, if Yukon decides to exercise right. As soon as practicable, but within the following 100 days after giving notice to acquire the CAFN interest
Yukon If acquisition not completed within 100 days, deemed to have given notice to CAFN that right shall not be exercised.  

PROJECT: Closure of all or any portion of a Realigned Roadway

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Government may, following Consultation with the Champagne and Aishihik First Nations, close all or any portion of a Realigned Roadway in which case the Specified Access Right shall no longer apply to the closed Realigned Roadway or any portion thereof, as the case may be.

REFERENCED CLAUSES:
Appendix A - Description of Settlement Land, 3.2.9; Cross reference Appendix A - Description of Settlement Land 3.2.10

Responsibility Activities Timing
Yukon Notify and provide details to CAFN of proposal to close all or any portion of a Realigned Roadway. As required
CAFN Prepare and present views. Within a reasonable period of time
Yukon Provide full and fair consideration to views presented. Notify CAFN of decision.  

Annex B Commissions, Councils and Committees

Application

This Annex applies as provided herein to the:

hereinafter called the "Boards".

Contents

This Annex has five parts:

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 and Kluane
National Park Management Board

_______________________________________

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,
Regional Land Use Planning Commission
and Kluane National Park Management Board

_________________________________________

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 in accordance will UFA 2.12.2.2 and UFA 2.12.2.3.

Organization of the Board

_____________________

For its effective working, the Renewable Resources Council, Kluane National Park Management Board 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, Kluane National Park Management Board and Regional Land Use Planning Commission will arrange for the support services and facilities they require. The Boards may co-operate 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 Champagne and Aishihik First Nations Final Agreement.

Part 2 Board Training and Cross-Cultural Orientation and Education

This Part applies to the Boards.

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 Boards.

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

Mandate

In the Champagne and Aishihik First Nations Traditional Territory, a Renewable Resources Council shall be established as of the effective date of Settlement Legislation, as a primary instrument for local renewable resources management in the Traditional Territory (Champagne and Aishihik First Nations 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 Champagne and Aishihik First Nations, the Fish and Wildlife Management Board and the Salmon Sub-Committee on any matter related to Fish and Wildlife (Champagne and Aishihik First Nations Final Agreement 16.6.9).

The Renewable Resources Council may make recommendations pursuant to the Champagne and Aishihik First Nations 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 with 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 (Champagne and Aishihik First Nations Final Agreement 16.6.2).

The Minister of Renewable Resources shall nominate three persons to the Renewable Resources Council (Champagne and Aishihik First Nations Final Agreement 16.6.2).

The Champagne and Aishihik First Nations shall nominate three persons to the Renewable Resources Council (Champagne and Aishihik First Nations Final Agreement 16.6.2).

The Champagne and Aishihik First Nations and the Minister may each nominate one additional member as an alternate member to the Council who may participate in the work of the Council (Champagne and Aishihik First Nations Final Agreement 16.6.2.1, 16.6.2.2).

The Minister of Renewable Resources shall appoint the nominees to the Renewable Resources Council (Champagne and Aishihik First Nations Final Agreement 2.12.2.3, 2.12.2.4).

Renewable Resources Council members shall be resident within the Champagne and Aishihik First Nations Traditional Territory (Champagne and Aishihik First Nations Final Agreement 16.6.4).

A resident is a person who has long term familiarity with the Champagne and Aishihik First Nations Traditional Territory and its renewable resources and who lives in the Champagne and Aishihik First Nations Traditional Territory (Champagne and Aishihik First Nations Final Agreement 16.6.4.1).

Appointments to the Council shall be for a three year term, except for the initial appointments. For the initial appointments, one Champagne and Aishihik First Nations nominee and one Minister's nominee shall be appointed for one year, one Champagne and Aishihik First Nations nominee and one Minister's nominee shall be appointed for two years, and one Champagne and Aishihik First Nations nominee and one Minister's nominee shall be appointed for three years (Champagne and Aishihik First Nations Final Agreement 16.6.5.1).

All appointments of the alternate members shall be for three years (Champagne and Aishihik First Nations Final Agreement 16.6.5.2).

All appointments to the Renewable Resources Council shall be during good behaviour (Champagne and Aishihik First Nations Final Agreement 16.6.5).

With the consent of the Minister of Renewable Resources and the Champagne and Aishihik First Nations, 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 (Champagne and Aishihik First Nations Final Agreement 16.6.12).

Operations

The Renewable Resources Council shall determine its own procedures for selecting its chairperson from its membership (Champagne and Aishihik First Nations Final Agreement 16.6.3).

The Minister of Renewable Resources shall appoint the chairperson selected by the Renewable Resources Council (Champagne and Aishihik First Nations 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. (Champagne and Aishihik First Nations 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 (Champagne and Aishihik First Nations Final Agreement 16.6.6).

The Renewable Resources Council shall prepare an annual budget, subject to review and approval by Government, pursuant to Champagne and Aishihik First Nations Final Agreement 16.6.7. The budget shall be in accordance with Government guidelines (Champagne and Aishihik First Nations Final Agreement 16.6.7).

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 (Champagne and Aishihik First Nations Final Agreement 16.6.2.3).

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, and Schedule A including 4.23, 7.5.
  • 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 Champagne and Aishihik First Nations Final Agreement Annex A for referenced clauses including but not limited to:

  • 10.3.3, 10.5.5, 10 Sched. A 4.23
  • 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.

RENEWABLE RESOURCES COUNCIL BUDGET

ADMINISTRATION
$25,000.00
MEETINGS
$40,000.00
SUPPORT
$10,000.00
TOTAL
$75,000.00

MULTI - YEAR FORECAST ($1992)

Year 1 Year 2 Year 3
$75,000.00 $75,000.00 $75,000.00
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 the CAFN for approval.

Organizational Structure

Canada and CAFN and other affected Yukon First Nations may agree to establish a Commission at any time after the effective date of that Yukon First Nation Final Agreement.

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.

Settlement Land Committee

Mandate and Activities

Each Settlement Land Committee (the "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 Champagne and Aishihik First Nations 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 CAFN 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 Champagne and Aishihik First Nation Final Agreement.

Organizational Structure

A Committee shall be established no later than one month after the signing of the CAFA. The representatives to the Committee shall be appointed as follows:

Government of 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.

Government of Yukon Representative

The Government of 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.

CAFN Representatives

The CAFN will appoint two persons to represent the CAFN, and its people, for all land selections negotiated by that CAFN.

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 each 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 CA people and CAFN needs which have been related to the Chair. Meetings will be in the community of the First Nation 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 First Nation to enable its nominees to participate in the proceedings of the Committee. Meeting facilities will be provided by the CAFN when the meetings are held in the CAFN Community.

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 CAFN land administrators for all meetings;

To ensure that records of decisions for all meetings are recorded and distributed to participants;

To present (at the plan approval stage) the surveyor's report to the committee. CAFN shall indicate the process by which CAFN 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 CAFN.

Subject to any amendment of the Plan by the Parties, Canada shall pay to CAFN $35,715 as its share of the amount identified for Settlement Land Committees.

Kluane National Park Management Board

Mandate

The Kluane National Park Management Board ("KPMB") shall be established to make recommendations to the federal Minister of the Environment respecting all matters pertaining to the development and management of the Park (6.3).

Organizational Structure

The Board shall be established no later than the Effective Date of the Champagne and Aishihik first Nations Final Agreement (6.1).

The Boards shall be comprised of 4 members; two nominated by Champagne and Aishihik First Nations and two nominated by the Minister of the Environment (6.2).

The Minister of the Environment shall appoint the members (2.12.2).

The Park superintendent or the superintendent's designate shall be a non-voting member of the Board (6.2).

The provisions of 2.12.2 of the Umbrella Final Agreement shall apply to the KPMB.

Should the park be enlarged to include land within the Traditional Territory of another YFN, the provisions of 6.12 shall apply.

Operations

Members will be paid an honoraria as described in the associated budget.

Members may be reimbursed for travel expenses incurred for purposes of Board business in accordance with Treasury Board guidelines.

The Board shall make reasonable provisions for public involvement in the development of its recommendations (6.11).

Obligations and Activities

The Board:

  • may make recommendations to the Minister of the Environment on all matters listed in clauses 6.3.1 to 6.3.10;
  • may prescribe that Champagne and Aishihik First Nations collect and provide specified information on harvests within the Park to the Park superintendent or the Board on a regular and timely basis (4.13);
  • shall respond to requests for consultation by the Minister re: issuance or licences or permits (4.15);
  • shall respond to requests from Champagne and Aishihik First Nations re: the establishment or expansion of cabins in the Park and make appropriate recommendations to the Minister (4.18);
  • shall review the boundaries and designation of each No Harvest Zone three years after the effective date (4.20.1);
  • shall make recommendations to the Minister re: harvest within No Harvesting Zones by Elders or disabled Champagne and Aishihik Persons (4.21);
  • shall make recommendation to the Minister re: area within Park where trapping will be permitted (5.2);
  • shall make recommendations to Champagne and Aishihik First Nations on allocation of trapping opportunities (5.5);
  • may make recommendations to the Minister re: management of furbearers and other matters related to trapping (5.7);
  • shall respond to requests for consultation by the Minister re: limits on the number of licences for commercial wilderness rafting opportunities in the Park (10.1); and
  • where the Board does not carry out one of its responsibilities, the Minister, after giving notice to the Board, may carry out that responsibility (6.10).

KLUANE NATIONAL PARK MANAGEMENT BOARD

BUDGET

ADMINISTRATION
$12,500
MEETINGS
$20,000
SUPPORT
$500
TOTAL
$37,500

MULTI-YEAR FORECAST

YEAR 1 YEAR 2 YEAR 3
$37,500 $37,500 $37,500

Part 5 Budget Procedures and Financial Arrangements

  1. The recommended first annual budget and a multi-year financial forecast for the Renewable Resources Council and Kluane National Park Management Board 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, and Kluane National Park Management Board set out in Schedule I of this Plan is stated as 1992 constant dollars.
  3. If the Minister requests a Renewable Resources Council, Kluane National Park Management Board 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 CAFA Plan to enhance community and general public awareness of the Settlement Agreement and implementation plan.

2. In the development of this strategy for CAFN, the following general guidelines were followed:

(a) To the extent possible, the CAFN 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. Government shall inform the general public with regard to the provisions of the CAFA, SGA and specific areas through existing programs.

4. CAFN shall assume primary responsibility for informing the local community in general, and CAFN citizens in particular, in regard to the provisions of the CAFA, the SGA and to specific areas.

5. CAFN and Government shall coordinate information and activities that relate specifically to issues within CAFN Traditional Territory arising from the CAFA 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 CAFA.

6. Upon request, and to the extent possible, Government will provide to CAFN, publications and other written materials prepared by Government, for distribution by CAFN.

7. Government will make best efforts to provide interpreter services to Southern Tutchone or other CAFN people through Aboriginal Language Services programs as may be in place from time to time.

8. Canada will provide to CAFN 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 CAFN people and CAFN, information pursuant to 22.5.5 and 22.5.6.

Annex D

Part 1

1.0 Economic Planning

1.1 For the purpose of the CAFA Plan, CAFN and Government agree that successful economic activity by the CAFN as a result of economic and employment opportunities arising from the Agreements will rely upon careful planning, CAFN and Government cooperative relationships, and an implementation environment of good faith.

1.2 The CAFN 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 CAFN and Government policies, processes, programs, and priorities;

1.2.3 The timely, effective, efficient, topical use of existing Government programs and other resources; and

1.2.4 The CAFN'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 CAFA 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 CAFA;

1.3.2 Timely coordination and synchronization of activities necessary to putting economic and employment planning provisions into effect; and

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, CAFA.

1.4 The CAFN and Government agree to make best efforts to commence economic development planning activities pursuant to 22.3.1 of the CAFA within thirty (30) days of the ratification of the CAFA.

Part 2

2.0 Contracting and Employment Opportunities

2.1 For the purposes of the CAFA Plan, the CAFA 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 CAFA, that will help achieve contracting and employment opportunities for CAFN and their Citizens.

2.2 The protocol document shall reflect the provisions of the CAFA and Plan.

2.3 The document will establish reference points, consistent with the CAFA, for enabling the CAFN and Government to identify:

2.3.1 Contracting and employment criteria;

2.3.2 Structuring of opportunities to maximize CAFN 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 CAFN and Government agree are useful in meeting the objectives and provisions of the CAFA.

2.4 The CAFN 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 CAFN and Government agree to review and amend the document as required.

Annexe E Coordination of CAFA and SGA Implementation

GENERAL REQUIREMENTS

1. 28.3.2.6 requires the Plan to specify means for coordination of the implementation of the CAFA and SGA .

2. SGA 23.5 specifies coordination of the CAFA and SGA Implementation Plans to the extent practicable.

RESPONSIBILITIES

3. The CAFN government and its administrative structure, as established through the CAFN constitution adopted under the SGA , shall be recognized as the agency responsible for the implementation, on behalf of the CAFN, 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 CAFA and SGA , when dealing with CAFN. Further, should any conflict arise within either government in this regard, it shall be resolved internally and CAFN shall not be required to deal with such conflicts.

SPECIFIC AREAS OF IMPLEMENTATION COORDINATION

5. All funds flowing to the CAFN for implementation shall be transferred to CAFN through the Financial Transfer Agreement (FTA) process described in SGA 16.0.

6. The Dispute Resolution process of CAFA 26 shall be used to resolve all SGA disputes as described in SGA 24.0.

7. The Plan general review process described in paragraph 22 of the CAFA 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 CAFA Plan (Annex C) shall include both the CAFA and SGA and implementation plans.

9. The training needs for CAFN shall be integrated into a single plan which will take into account the training requirements of both the CAFA 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:)

Referenced/Clause Area of Concern
CAFA SGA
Definitions   Consistent application
2.0 3.0 Rights of citizens/beneficiaries as Yukon Indian People
2.3.6 21.1 CAFA amendments published in CAFN law registry
2.7 16.4.2 Disclosure of information
2.11.4.1 Legis. Legal entity
5.0 25.0 Compatible land use re: Community Settlement Land
5.0 28.0 Laws on certain Community Settlement Land
19.0 19.0 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
21.2.4 26.0 Service agreements
21.3 26.0 Service agreements
21.4 26.0 Service agreements
24.10.1 5.3 Amendment legislation
CAFA 8.2.1, 8.3 Inconsistency/conflict
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