First Nation of Nacho Nyak Dun Final Agreement Implementation Plan

Table of Contents




NNDFA 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 First Nation of Nacho Nyak Dun (hereinafter referred to as "NNDFN");

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 First Nation of Nacho Nyak Dun Final Agreement on the 29th day of May, 1993 (such document being hereinafter referred to as the "NNDFA");

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

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

NOW THEREFORE, the Parties agree as follows:

Interpretation of the NNDFA Plan

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

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

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

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

Legal Status of the NNDFA Plan

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

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 NNDFA Plan shall be read together.

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

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

Contents of the NNDFA Plan

10. The NNDFA 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 NNDFA;

10.2 Annex B: Arrangements in respect of the:

Regional Land Use Planning Commission;

Mayo District Renewable Resources Council;

Settlement Land Committee;

10.3 Annex C: An information strategy;

10.4 Annex D: Part 1 - Economic Planning;

Part 2 - Contracting and Employment Opportunities;

10.5 Annex E: Co-ordination of the NNDFA Plan and the NNDFN

Self-Government Implementation Plan; and

10.6 Annex F: Training Priorities.

Implementation Funding

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

11.1 $291,474 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 NNDFN 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 NNDFN for the period of time identified in the Financial Transfer Agreement.

12. Subject to any amendment of the NNDFA Plan by the Parties, the Yukon shall pay $75,000 (1992 constant dollars) per annum to the Mayo District Renewable Resources Council established pursuant to 16.6.0 of the NNDFA. 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 NNDFA 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 Mayo District Renewable Resources Council for the first ten year period, pursuant to 16.6.7 of the NNDFA.

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

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

16. The NNDFN 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 NNDFA.

17. Notwithstanding the provisions of paragraph 11.3, Government may enter into agreements with the NNDFN 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 NNDFA.

Notwithstanding the provisions of paragraph 12, Government may enter into agreements with the Mayo District Renewable Resources Council to provide funding for any projects, activities and responsibilities to be undertaken by the Mayo District Renewable Resources Council, in addition to the projects, activities and responsibilities reflected in an annual budget approved by Government pursuant to NNDFA 2.12.2.8.

Implementation Plan Monitoring

18. Within 30 days after the Effective Date of the NNDFA, 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 NNDFA Plan.

Implementation Plan Review

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

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

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

19.3 thereafter, as the Parties may agree.

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

Amendment

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

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

Effective Date of the Plan

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

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 First Nation of Nacho Nyak Dun:

_____________________________

Robert Hager
Chief
First Nation of Nacho Nyak Dun

_____________________________

Witness

On behalf of Canada:

_____________________________

The Honourable Tom Siddon
Minister of Indian Affairs and
Northern Development

_____________________________

Witness

On behalf of the Yukon:

_____________________________

John Ostashek
Government Leader of the Yukon

_____________________________

Witness






Acronyms

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

BNA - Basic Needs Allocation

CPS - Canadian Parks Service

CWS - Canadian Wildlife Service

CYI - Council for Yukon Indians

DIAND - Department of Indian Affairs and Northern Development

DND - Department of National Defence

EMR - Department of Energy, Mines & Resources

LTO - Land Titles Office

NEB - National Energy Board

NNDFA - Nacho Nyak Dun Final Agreement

NNDFN - Nacho Nyak Dun First Nation

NTS - National Topographic Series

RLUPC - Regional Land Use Planning Commission

SGA - Self-Government Agreement

SLC - Settlement Land Committee

SMA - Special Management Area

SRB - Surface Rights Board

SSC - Salmon Sub-Committee

TAC - Total Allowable Catch

UFA - Umbrella Final Agreement

YFN - Yukon First Nation

YFNFA - Yukon First Nation Final Agreement

YGPNB - Yukon Geographical Place Names Board

YHRB - Yukon Heritage Resources Board






Annex A - Activity Plans

This Annex refers to the implementation of selected generic and specific provisions of the First Nation of Nacho Nyak Dun 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 First Nation of Nacho Nyak Dun Final Agreement to be addressed prior to the effective date of Settlement Legislation or in the negotiation or ratification of the First Nation of Nacho Nyak Dun Final Agreement.

PROJECT: UFA amendment

RESPONSIBLE PARTY: 
NNDFN

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
NNDFN Identify need to amend the UFA and forward proposal for amendment to CYI. As needed
NNDFN Receive notice of proposal to UFA parties to amend. When available
NNDFN Review and communicate views to CYI on response to proposal. As soon as practicable after receipt of proposal
NNDFN, UFA Parties At discretion, address specific requirements for amendment process. As soon as practicable, if amendment is to be pursued
NNDFN Consult with CYI during negotiation of terms of amendment. As necessary
NNDFN 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 NNDFA
NNDFN Receive notice of and consider opinion of other YFNs. Within reasonable time
NNDFN Take steps required to give effect to amendment, including any consequential amendment of the NNDFA Plan. As soon as practicable if all UFA Parties consent to amendment
Canada, Yukon, NNDFN Publish the amendment as required by UFA 2.3.6 As soon as practicable after all Parties consent to amendment

Planning Assumptions

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

PROJECT: Amendment of the First Nation of Nacho Nyak Dun Final Agreement

RESPONSIBLE PARTY: 
Canada, Yukon, NNDFN

PARTICIPANT/LIAISON: 
Gwich'in Tribal Council

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

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

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

Specific Provision

(a) The Minister of Indian Affairs and Northern Development may consent, on behalf of Canada, to any amendment to a specific provision contemplated by 5.3.1, 5.15.1, 5.15.2, 6.1.2 or 6.1.8 of this Agreement, to any amendment to Appendix A - Settlement Land Descriptions, attached to this Agreement and to any amendment to Schedule B - Category 1 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 with responsibility for land claims may consent, on behalf of the Yukon, to any amendment to a specific provision contemplated by 5.3.1, 5.15.1, 5.15.2, 6.1.2 or 6.1.8 of this Agreement, to any amendment to Appendix A - Settlement Land Descriptions, attached to this Agreement, and to any amendment to Schedule B - Category 1 Traplines, attached to Chapter 16 - Fish and Wildlife.

(b) The Commissioner in Executive Council may delegate to the Yukon Minister with responsibility for land claims 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 First Nation of Nacho Nyak Dun by a recommendation of the First Nation Council of Nacho Nyak Dun approved by the Assembly in two meetings held at least three months apart.

(b) The First Nation Council of Nacho Nyak Dun shall provide Government with a certified copy of a recommendation approved pursuant to 2.3.5.3 (a), and Government shall be entitled to rely on that approved recommendation as conclusive evidence of compliance with 2.3.5.3 (a).

(c) The parties to this Agreement shall Consult the Gwich'in Tribal Council with respect to any amendment to this Agreement which may affect any rights, obligations or liabilities of the Tetlit Gwich'in set out in the Gwich'in Transboundary Agreement.

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 NNDFA and forward proposal for amendment to the other parties. As needed
Parties Review and respond to the proposal and, if the parties determine that there is an impact on the Tetlit Gwich'in, Consult with the Gwich'in Tribal Council. As soon as practicable after receipt of the proposal
Parties At the discretion of the Parties, address specific requirements for the amendment process. As soon as practicable if 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 appropriate. Within a reasonable time as the Parties may agree
Parties Initiate the approval process. As soon as practicable after the negotiations are complete
NNDFN Hold two meetings at least three months apart to seek the recommendation of the First Nation Council. As required
NNDFN Notify Government of result of approval process, and if approval is granted, provide government with a certified copy of the recommendation. Once NNDFN approval process is complete
Canada and Yukon Undertake approval process. Upon receipt of certified copy of recommendation approving the amendment
Governor in Council If all parties approve amendment, amend NNDFA by Order-in-Council. Once all approvals secured
Parties Take agreed upon steps necessary to give effect to the amendment, including amendments 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
NNDFN Publish amendment in NNDFN law registry. As soon as practicable after the amendment is given effect

PROJECT: First Nation of Nacho Nyak Dun legal entities

RESPONSIBLE PARTY: 
First Nation of Nacho Nyak Dun

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 First Nation of Nacho Nyak Dun 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 First Nation of Nacho Nyak Dun, provided any transfer does not adversely affect the exercise of rights, obligations and liabilities set out in this Agreement.

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

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

PROJECT: Resolution of overlapping claims

RESPONSIBLE PARTY: 
First Nation of Nacho Nyak Dun

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

OBLIGATIONS ADDRESSED: 
The First Nation of Nacho Nyak Dun 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, 5.1
Responsibility Activities Timing
NNDFN Contact Yukon First Nation with overlapping claim and enter discussions making best efforts to agree on a contiguous boundary. As soon as practicable
NNDFN 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
NNDFN, Canada and Yukon Amend NNDFN Traditional Territory to conform with new boundary. As soon as practicable if Government approval is secured
NNDFN, Canada or Yukon Seek consent of adjacent Yukon First Nation to amend the boundary agreed upon. As required in the future should amendment be desired
Adjacent Yukon First Nation Consider request and notify NNDFN, Canada or Yukon of determination. Upon receipt of request
NNDFN, Canada and Yukon Amend boundary of NNDFN Traditional Territory. If consent secured

PROJECT: Resolution of overlapping claims - Panel of Elders

RESPONSIBLE PARTY: 
First Nation of Nacho Nyak Dun, 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 First Nation of Nacho Nyak Dun 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 a Contiguous Boundary which is accepted by the First Nation of Nacho Nyak Dun 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
NNDFN Seek agreement of Overlapping YFN to establish a panel of elders to make recommendations on boundary. At any time
NNDFN 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
NNDFN 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 NNDFN Traditional Territory. As soon as practicable if all parties approve

PROJECT: Resolution of overlapping claims - Dispute Resolution

RESPONSIBLE PARTY: 
First Nation of Nacho Nyak Dun, 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 First Nation of Nacho Nyak Dun 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 First Nation of Nacho Nyak Dun, 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
Any 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 NNDFN Traditional Territory. As soon as practicable after dispute is resolved

PROJECT: Final Agreements with Overlapping Yukon First Nations

RESPONSIBLE PARTY: 
Government, First Nation of Nacho Nyak Dun

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's 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 First Nation of Nacho Nyak Dun.

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 First Nation of Nacho Nyak Dun. As required during YFNFA negotiations
NNDFN Review proposal and notify Government of decision. Upon receipt of proposal
Government Incorporate alternate approach. If consent secured

 

OR

 

Government Abandon proposal. If consent is not secured

PROJECT: Traplines in Overlapping Area

RESPONSIBLE PARTY: 
First Nation of Nacho Nyak Dun

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 shall not be so designated until:

  • more than 50 percent of that trapline is situated in the Traditional Territory of the First Nation of Nacho Nyak Dun, or
  • the First Nation of Nacho Nyak Dun and the Overlapping Yukon First Nation agree.
REFERENCED CLAUSES: 
Chapter 2 Schedule B 6.1;
Cross reference 16.11
Responsibility Activities Timing
NNDFN or Overlapping YFN Seek agreement of other party to designate a trapline as Category 1. As required
NNDFN or Overlapping YFN Review proposal and respond. As soon as practicable
NNDFN Designate trapline. If consent secured or if 50 percent of trapline is in NNDFN Traditional Territory

PROJECT: Consultation on specified matters in Overlapping Area

RESPONSIBLE PARTY: 
Government

PARTICIPANT/LIAISON: 
First Nation of Nacho Nyak Dun

OBLIGATIONS ADDRESSED: 
Government shall Consult with the First Nation of Nacho Nyak Dun respecting any matter in an Overlapping Area which may affect the rights of Nacho Nyak Dun or the First Nation of Nacho Nyak Dun 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 NNDFN of matter affecting rights of NND or the NNDFN, and provide relevant information. As required
NNDFN 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 NNDFN. As required

PROJECT: NNDFN enrollment responsibilities -- after the dissolution of an Enrollment Committee

RESPONSIBLE PARTY: 
NNDFN

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

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

  • maintain, update and amend the official enrollment list for that Yukon First Nation after the initial official enrollment list has been published by the enrollment Commission;
  • deliver to the Government of the Yukon the official enrollment list on each anniversary of the dissolution of the Enrollment Committee;
  • decide promptly upon all applications received, and advise all Persons in writing of the Enrollment Commission or the Dispute Resolution Panel's disposition of their application;
  • supply application forms to any Person wishing to apply for enrollment;
  • establish its own procedures;
  • publish its own procedures; and
  • publicize and provide information in respect of the enrollment process to members of the Yukon First Nation.
REFERENCED CLAUSES: 
3.9.3;
Cross reference 3.12.1
Responsibility Activities Timing
NNDFN Receive documentation from Enrollment Committee. Upon dissolution of the Enrollment Committee, or two years after the Effective Date
NNDFN Establish and publish procedures. On assumption of enrollment duties
NNDFN Continue enrollment in accordance with this clause. As required
NNDFN Deliver to Yukon updated list. Annually on anniversary of Enrollment Committee's dissolution

PROJECT: Continuation of enrollment

RESPONSIBLE PARTY: 
NNDFN

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

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 NNDFN on identified parcels. As soon as practicable after final land selection
Canada (DIAND) Notify NNDFN that reservations or notations on Land Set Aside have been cancelled. As soon as practicable after cancellation

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: 
NNDFN, 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
NNDFN 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 NNDFN 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: Registration of title to Fee Simple Settlement Land

RESPONSIBLE PARTY: 
Land Titles Office or any successor

PARTICIPANT/LIAISON: 
NNDFN

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 Catagory 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
NNDFN Apply to Land Titles Office (LTO) to register title and provide the LTO with any relevant documentation required for registration. As soon as practicable after land becomes Settlement Land
LTO Register title according to procedures, as may be amended from time to time. As soon as practicable
LTO Provide the NNDFN 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 NNDFN 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: Define boundaries of Settlement Land; deposit plans of survey in Land Titles Office and in NNDFN lands system(s)

RESPONSIBLE PARTY: 
Canada

PARTICIPANT/LIAISON: 
NNDFN, 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 Boundries 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 NNDFN 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: Management and administration of Settlement Land and Resources

RESPONSIBLE PARTY: 
First Nation of Nacho Nyak Dun

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED: 
Various

REFERENCED CLAUSES: 
5.5.1, 13.3.1, 13.3.2, 13.9.1, 14.5.1, 14.8.1, 16.5, 17.2.1 18.1.1
Responsibility Activities Timing
NNDFN Establish and operate, under the NND government, a Land and Resource Management Department which will undertake the administration management and regulation related to the ownership and use of land and resources on Settlement Land as specified by the referenced clauses, and will attempt to fulfill the objectives of 16.1.1.4, 16.1.1.6, 16.1.1.7 and 16.1.1.8. As soon as practicable after the Effective Date

Planning Assumptions

  1. The primary functional responsibilities of the Land and Resources Management Department are anticipated to be: Planning Policy, Registries, Licences, Monitoring, Inspection, Enforcement, Data Gathering and Analysis and Information Distribution. Expected areas of activity related to these areas are illustrated in Table 1.
  2. In addition to the specified functional responsibilities, the following auxiliary activities are expected as illustrated in Table 2.
  3. Further activities directly related to management of Heritage Resources and those related to Chapter 22 economic employment opportunities are illustrated in Table 3.
TABLE 1 -- LAND AND RESOURCE ACTIVITIES
ACTIVITY RELATED CLAUSES
POLICY AND PLANNING 2.9.3.1 11.6.4 & .5 13.8.5 16.9.10
  5.5.1.2 11.8.3 16.3.11 16.11.1.1
  5.7.4 11.8.4 16.3.17 16.11.12
  5.13 12.8.1.4 16.4.2 16.11.14
  5.15.8 12.8.1.5 16.5.1 -.14 17.4.1
  6.1.5 12.8.1.8 16.6.9 17.4.2
  6.1.8 12.8.1.9 16.6.10.7 17.4.4
  10.3.3.1 12.8.1.10 16.6.10.8 17.5.2
  10.3.4.1 13.4.6 16.6.10.12 17.5.5
  11.3.3 13.8.4 16.7.17.12 17.6.2


ACTIVITY RELATED CLAUSES
REGISTRATION 5.2.3
5.2.4
5.12.0 16.5.1.11 16.5.1.14
  5.5.1.4 16.5.1.3 16.5.1.13 16.11.10.5


ACTIVITY RELATED CLAUSES
LICENSING 5.15.7 14.7.8 16.5.1.4 16.5.1.14
  11.7.2 16.4.2 16.5.1.11 16.11.10.6
  13.8.3 16.4.7 16.5.1.13 16.11.10.9


ACTIVITY RELATED CLAUSES
MONITORING/ 5.15.3 - .5 13.9.1 16.5.1.13 17.12.0
INSPECTION/ 5.15.7 13.9.4 16.5.1.14 18.1.1
ENFORCEMENT 6.1.5 13.9.5 16.11.12 18.1.7
  6.1.6 14.7.0 16.11.14 18.2.6
  6.4.0 14.8.1 16.12.10 18.3.0
  6.5.0 14.8.6 16.12.11 18.4.0
  13.8.4 16.3.16 17.9.0  
  13.8.7.1 16.5.1.11 17.10.0  
  13.8.7.1 16.5.11    


ACTIVITY RELATED CLAUSES
DATA 14.8.1 16.6.17 16.9.6 16.9.16
  14.8.2 16.7.20 16.9.7 16.9.17
  16.5.1.3 16.9.1.3 16.9.8 16.10.3
  16.5.1.5 16.9.1.4 16.9.9 16.10.16.1
  16.5.1.8 16.9.3 16.9.11 17.4.2
  16.5.1.12 16.9.5.3 16.9.13  


ACTIVITY RELATED CLAUSES
INFORMATION 6.2.1 6.3.0 16.4.5  
  6.2.8 16.4.2 16.10.16.1  

TABLE 2 -- AUXILIARY LAND AND RESOURCE ACTIVITIES

ACTIVITY RELATED CLAUSES
CONSULTATION 2.9.3.1.B-7 11.6.3.2 12.16.1 17.5.4.1
  5.6.9 11.6.4 12.18.1 17.7.1
  6.4.2 11.6.5.2 14.10.2 17.7.2
  8.5.2 11.9.1 15.2.9 17.8.2
  10.5.3 12.3.3 16.12.8 18.2.5.3
  11.6.2 12.13.3 17.5.3  


ACTIVITY RELATED CLAUSES
CONSENT 5.6.10 6.3.3 10.3.5 18.3.3
  5.6.11 6.3.6 14.7.5 18.3.4
  5.15.5 6.4.5 17.10.2 18.4.3
  5.15.7 6.5.1 17.10.4 18.4.4


ACTIVITY RELATED CLAUSES
AGREEMENT 6.1.2 13.3.8 13.9.2 16.10.8
  6.1.8 13.7.1 16.4.5 17.7.3
  6.1.9 13.7.2 16.6.12 18.2.7
  8.1.9 13.8.2 16.8.6.1 18.2.8
  11.4.1 13.8.7.5 16.10.5 18.2.10


ACTIVITY RELATED CLAUSES
NEGOTIATION 6.6.1 10.4.1 16.4.4.1 16 A 4.1
  7.4.1 10.4.6 16.9.5  
  7.5.1 16.4.1 16.12.8  

BOARD STANDING

ACTIVITY RELATED CLAUSES
WATER BOARD 14.7.4 14.8.6 14.11  
  14.8.3 14.9.1    


ACTIVITY RELATED CLAUSES
SURFACE RIGHTS BOARD 5.15.6 6.3.7. 7.5.2 18.1.2
  5.15.9 6.4.6 13.8.7.3 18.2.6
  5.15.10 6.5.1 14.7.5 18.2.8
  6.3.4 6.6.2 17.10.5 18.3.5


ACTIVITY RELATED CLAUSES
YUKON DEVELOPMENT ASSESSMENT BOARD 12.8.1.4 12.8.1.10
  12.8.1.8 12.13
  12.8.1.9  


ACTIVITY RELATED CLAUSES ACTIVITY RELATED CLAUSES
HERITAGE RESOURCES BOARD 13.3.2.1 YUKON GEOGRAPHICAL PLACE NAMES BOARD 13.11.2


HEARINGS
ACTIVITY RELATED CLAUSES
EXPROPRIATION 7.4.3.3 7.6    


ACTIVITY RELATED CLAUSES
DISPUTE RESOLUTION 3.11.3 13.3.7 15.3.8 16.9.1.3
  10.4.3 13.4.6-B3.2 15.3.9 16.11.10.8
  11.4.2.4 13.9.3 15.6.7  


ACTIVITY RELATED CLAUSES
COURT 14.8.8 14.8.10 16.8.9  
  14.8.9 14.8.11    


ACTIVITY RELATED CLAUSES
COMPENSATION 6.1.5 7.5.1 7.8.3 16.11.13
  6.4.4 7.5.2 14.12.0 17.12.1.5


HERTITAGE ACTIVITIES
ACTIVITY RELATED CLAUSES
GENERAL 13.3.1 13.4.5 13.8.1.2 13.10.5
  13.3.2 13.4.6.1 13.8.7 13.10.7
  13.4.3 13.4.8 13.9.4 13.10.8
  13.4.4 13.8.1.1 13.10.3 13.11.2
CONSULT/ AGREE 13.3.8 13.7.2 13.8.7.5  
  13.7.1 13.8.2 13.9.2  


TABLE 3 -- ECONOMIC DEVELOPMENT ACTIVITIES
ACTIVITY RELATED CLAUSES
GENERAL 13.12.1 15.7.2.1 17.14.2  
  15.7.1.1 17.14.1 CHAPTER 22  

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

RESPONSIBLE PARTY: 
Canada

PARTICIPANT/LIAISON: 
NNDFN

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 NNDFN:

  • 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 NNDFN

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: 
NNDFN

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 NNDFN 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 NNDFN

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 NNDFN -- Encumbering Rights

RESPONSIBLE PARTY: 
Canada, Yukon

PARTICIPANT/LIAISON: 
NNDFN

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 NNDFN, of intention to:

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

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

 

OR

 

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

PROJECT: Cancellation and replacement of Encumbering Rights

RESPONSIBLE PARTY: 
NNDFN

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
NNDFN Advise Minister that a Government-issued Encumbering Right should be cancelled and replaced by an interest provided by a NNDFN. After the Effective Date
Minister who issued original encumbering right 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
NNDFN Replace Encumbering Right with interest provided by NNDFN  

PROJECT: Discovery of information subject to disclosure

RESPONSIBLE PARTY: 
Government and/or NNDFN

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 NNDFN Government or NNDFN After ratification of NNDFA, upon becoming aware of information
Government Declare status under 5.7.4.1. As soon as practicable

 

OR

 

Government Declare status under 5.7.4.2. As soon as practicable
Government and the NNDFN 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: 
NNDFN

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

PROJECT: Deregistration of Category A and Category B Settlement Land

RESPONSIBLE PARTY: 
NNDFN

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

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

RESPONSIBLE PARTY: 
NNDFN

PARTICIPANT/LIAISON: 
Surface Rights Board

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

REFERENCED CLAUSES: 
5.15.5;
Cross reference 5.15.0
Responsibility Activities Timing
NNDFN Receive request for access. As required
NNDFN Review request, grant or deny request and notify applicant of decision. Within a reasonable time of the request
NNDFN 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: 
NNDFN, 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
NNDFN and/or Government Receive request to establish permanent camp or structure. As required
NNDFN 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: 
NNDFN, 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
NNDFN or Yukon or Canada Request to amend, revoke or reinstate a right of access provided by a Settlement Agreement. Any time after Effective Date
NNDFN or Yukon or Canada (other 2 parties) Review and respond to initiating party. Within a reasonable period of time
NNDFN, Yukon, Canada Attempt to reach 3 party agreement through negotiation. Within a reasonable period of time
NNDFN, Yukon, Canada Amend NNDFA 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: 
NNDFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED: 
If the Effective Date of this Agreement is within one year of the Order in Council withdrawing from disposition the lands selected by the First Nation of Nacho Nyak Dun, an outfitting concession holder shall have a right of access to use Settlement Land for outfitting purposes until the expiry of that one year period, and a right of access, for a reasonable time thereafter, to remove any property of the outfitting concession holder on Settlement Land.

Nothing in 6.1.2.1 shall be construed to prevent the First Nation of Nacho Nyak Dun 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
NNDFN Inform outfitting concession holders of rights of access pursuant to these clauses. As soon as practicable after the Effective Date
NNDFN Notify outfitting concession holder of a reasonable time limit to remove any property. At expiry of the one year period described
NNDFN At discretion, negotiate additional rights of access with outfitting concession holder. At any time

PROJECT: Determining Liability of NNDFN on Undeveloped Settlement Land

RESPONSIBLE PARTY:
NNDFN

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

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

RESPONSIBLE PARTY: 
NNDFN

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
NNDFN Develop procedures re: monitoring/reporting damage. After Effective Date
NNDFN

Respond to report of damage.

Assess extent of damage.

As soon as practicable after report is received
NNDFN At discretion, request compensation for damage. As soon as practicable after determining extent of damage
NNDFN

Attempt to negotiate settlement.

If required
NNDFN At discretion, refer to Surface Rights Board or court. If no agreement reached on compensation

PROJECT: Conditions of access

RESPONSIBLE PARTY: 
NNDFN

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
NNDFN 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
NNDFN 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: 
NNDFN

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; Appendix A 3.2.2
Responsibility Activities Timing
NNDFN 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
NNDFN or Yukon or Canada Review proposal and respond to initiating party. Within a reasonable period of time
NNDFN, Yukon, Canada Attempt to reach three party agreement through negotiation.  
NNDFN, Yukon, Canada Amend NNDFA as set out in 2.3.5. If amendment required
NNDFN Register changed designation in NNDFN 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: 
NNDFN

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
NNDFN 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 NNDFA pursuant to 2.3.5. As required

PROJECT: Right of access to cross Undeveloped Settlement Land

RESPONSIBLE PARTY: 
NNDFN

PARTICIPANT/LIAISON:

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

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

PROJECT: Reference to Surface Rights Board

RESPONSIBLE PARTY: 
NNDFN

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

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

Planning Assumption

  1. The Parties agree that Government and NNDFN 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: 
NNDFN

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 NNDFN 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
NNDFN Review notification and notify Government of decision. Within a reasonable period of time after notification
Government

Exercise access.

OR

Cease access and at discretion, refer issue to Surface Rights Board.

If consent granted

If no consent granted

NNDFN 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
NNDFN 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: 
NNDFN

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

Review notice to ensure conformity with any terms and conditions that may be negotiated pursuant to 6.6.0.

 
  Prepare and present views to Person authorized by Law. Within a reasonable time prior to access
Person authorized by Law Provide full and fair consideration to views of NNDFN.  
Person authorized by Law Exercise access (as may be adjusted by agreement with NNDFN). After consideration of NNDFN views
NNDFN 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: 
NNDFN

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

Exercise access.

OR

Cease access and at discretion, refer issue to Surface Rights Board.

If consent granted

If no consent granted

NNDFN 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
NNDFN Monitor access. During and after access

PROJECT: Liability for damage to Settlement Land

RESPONSIBLE PARTY: 
NNDFN

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

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
NNDFN 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, NND

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

RESPONSIBLE PARTY: 
NNDFN

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
NNDFN 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
NNDFN, Government Attempt to negotiate terms and condiditons for the exercise of a right of access listed above. Within reasonable time after notification by NNDFN
NNDFN 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: 
NNDFN, 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 NND First Nation.

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

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

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

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

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

REFERENCED CLAUSES: 
7.3.1, 7.4.1, 7.4.3, 7.7.1, 7.7.2;
Cross reference 7.6.0
Responsibility Activities Timing
Expropriating Authority Notify NNDFN of proposal to acquire or expropriate Settlement Land. As required
NNDFN and Expropriating Authority Prepare for negotiations. Upon receipt of notice
Expropriating Authority and NNDFN Negotiate location and extent of land to be acquired or expropriated. At a time agreeable to the parties

 

If there is an objection filed by a NNDFN:

 

NNDFN

Prepare for and participate in public hearing process.

Upon notice

 

Follow public hearing procedures listed in 7.6.0, including:

 

Body named in Expropriation statute or SRB or NEB
  • appoint hearing panel, including at least one nominee of NNDFN if Expropriation is pursuant to NEB Act;
As required
Hearing Panel
  • notify NNDFN and public;
As required
Hearing Panel
  • provide NNDFN with time to prepare for participation;
As appropriate
Hearing Panel
  • provide NNDFN and public opportunity to be heard;
As appropriate
Hearing Panel
  • award costs including interim costs to NNDFN; and
As appropriate after hearing
Hearing Panel
  • prepare and submit report to Minister.
As appropriate after hearing
Expropriating Authority Notify NNDFN 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: 
NNDFN, 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 NNDFN of desire to negotiate compensation. As required in conjunction with an expropriation
NNDFN Prepare for negotiations. Upon receipt of notice
NNDFN and Expropriating Authority Negotiate compensation. At a time agreeable to the parties

 

If no agreement on compensation:

 

NNDFN 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
NNDFN 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 NNDFN nominee(s) on board, committee or other panel authorized by the National Energy Board Act

RESPONSIBLE PARTY: 
National Energy Board

PARTICIPANT/LIAISON: 
NNDFN

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

RESPONSIBLE PARTY: 
Authority exercising Flooding Right

PARTICIPANT/LIAISON: 
NNDFN

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

REFERENCED CLAUSES: 
7.8.3;
Cross reference 5.16.4, 7.5.2
Responsibility Activities Timing
Authority exercising a Flooding Right and NNDFN Follow expropriation procedures listed in Activity Plan for UFA 7.3.1. Prior to the exercise of the Flooding Right
Authority and NNDFN Negotiate compensation payable to NNDFN. As required
Authority or NNDFN At the discretion of any party, apply to SRB to determine dispute over compensation. If no agreement reached
NNDFN Prepare for and participate in SRB process. As required

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

RESPONSIBLE PARTY: 
Authority exercising a Flooding Right

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

PROJECT: Variation of land allocation

RESPONSIBLE PARTY: 
Government, affected Yukon First Nation

PARTICIPANT/LIAISON: 
All affected Yukon First Nations

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

REFERENCED CLAUSES: 
9.3.4;
Cross reference 9.3.2
Responsibility Activities Timing
Yukon First Nation (YFN) or Government Propose to vary land allocation determined in Chapter 9, Schedule A. During negotiations of outstanding YFNFA
Party seeking to vary allocation Notify Government and all affected YFNs of proposal and seek written agreement. Prior to varying allocation
Affected YFNs and Government Review and provide written response to proposal. As soon as practicable
Parties to a YFNFA Vary allocation. If written agreement of all affected YFNs and Government is secured
Parties Amend relevant Settlement Land descriptions as necessary. After variation agreed upon

Planning Assumption

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

PROJECT: Land exchange

RESPONSIBLE PARTY: 
Canada, Yukon, NNDFN

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 NNDFN At the discretion of any Party, propose a land exchange. After the Effective Date
Canada, Yukon and NNDFN Review proposal and negotiate exchange. If the parties agree
Canada, Yukon and NNDFN 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 NNDFA

RESPONSIBLE PARTY: 
Yukon, Canada

PARTICIPANT/LIAISON:
Mayo District Renewable Resources Council, NNDFN, 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 NNDFA to the Mayo District Renewable Resources Council or to the Yukon Heritage Resources Board and the NNDFN if proposal includes Settlement Land. If proposing the establishment of a Special Management Area not provided for in the NNDFA
Mayo District 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
NNDFN Grant or deny consent to include Settlement Land in Special Management Area.  
Government Review recommendations of Mayo District 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 NNDFN, 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 NNDFN under a Settlement Agreement

RESPONSIBLE PARTY: 
Canada, Yukon

PARTICIPANT/LIAISON: 
NNDFN

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

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

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

Agreements negotiated pursuant to 10.4.1:

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

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

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

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

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

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

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

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

REFERENCED CLAUSES: 
10.4.1, 10.4.2, 10.4.3, 10.4.4, 10.4.8, 10.4.9
Responsibility Activities Timing
Canada or Yukon Forward proposal for Special Management Area to NNDFN. When Government wishes to establish a Special Management Area in the NNDFN Traditional Territory
NNDFN Review Special Management Area proposal for impact on NNDFN rights under a Settlement Agreement. Provide comments to Government re: proposed Special Management Area. Within reasonable period of time
NNDFN, 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
NNDFN, 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
NNDFN 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
NNDFN, Canada, Yukon Amend agreement. If Parties agree
NNDFN or Canada or Yukon

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

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

 
NNDFN, Canada, Yukon

Append to NNDFA, 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 NNDFA

PROJECT: Access to Special Management Area by Yukon Indian Person

RESPONSIBLE PARTY: 
Canada, Yukon

PARTICIPANT/LIAISON: 
NNDFN

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

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 NNDFN 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 and NNDFN Enter negotiations, if parties agree to negotiate.  

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

RESPONSIBLE PARTY: 
Canada or Yukon

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

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

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

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

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

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

REFERENCED CLAUSES: 
10.5.2, 10.5.3, 10.5.4, 10.5.5, 10.5.6;
Cross reference 10.4.1, 10.6.1, 16.5.4, 16.8.0
Responsibility Activities Timing
Canada or Yukon

Prepare a management plan if Special Management Area established.

Forward management plan for Special Management Area to Mayo District Renewable Resources Council and/or Yukon Heritage Resources Board.

Best efforts within five years of establishment of Special Management Area

Prior to approval

Mayo District 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 Mayo District 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 Mayo District Renewable Resources Council.  
  Adopt plans. At discretion of Minister
Canada or Yukon Initiate review of Special Management Area management plan. Within 10 years following adoption of Special Management Area management plan

PROJECT: Negotiations to establish McArthur Game Sanctuary as a Special Management Area

RESPONSIBLE PARTY: 
Selkirk First Nation, Canada, NNDFN, Yukon

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED: 
Government and the First Nation of Nacho Nyak Dun shall enter into negotiations with the Selkirk First Nation, at its request, with a view to concluding an agreement establishing the McArthur Game Sanctuary as a Special Management Area.

The agreement to establish the Special Management Area may vary the boundaries of the Special Management Area from those existing for the McArthur Game Sanctuary.

The agreement to establish the Special Management Area shall be included in this schedule without any further action by the parties to this Agreement.

REFERENCED CLAUSES: 
Chapter 10 Schedule A 1.0
Responsibility Activities Timing
Selkirk First Nation Request negotiations to establish the McArthur Game Sanctuary as a Special Management Area. At discretion of Selkirk First Nation
Government, NNDFN, Selkirk First Nation Negotiate to establish McArthur Game Sanctuary as a Special Management Area. Upon request of Selkirk First Nation
Government Establish the McArthur Game Sanctuary as a Special Management Area pursuant to negotiated agreement. If agreement reached
Government, NNDFN Include agreement to establish the McArthur Game Sanctuary as a Special Management Area in NNDFA, Chapter 10, Schedule A. If agreement reached

PROJECT: Establishment of the Horseshoe Slough Habitat Protection Area

RESPONSIBLE PARTY: 
Yukon, Canada

PARTICIPANT/LIAISON: 
NNDFN

OBLIGATIONS ADDRESSED: 
The boundaries of the Horseshoe Slough Habitat Protection Area (the "Area") shall be as set out on map Horseshoe Slough Habitat Protection Area (HSHPA), in Appendix B - Maps, which forms a separate volume to this Agreement.

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

Subject to 1.2, the Yukon shall establish the Area pursuant to the Wildlife Act, R.S.Y. 1986, c.178.

No lands forming part of the Area shall be removed from habitat protection status under the Wildlife Act, R.S.Y. 1986, c. 178, without the consent of the First Nation of Nacho Nyak Dun.

Subject to 1.5.1, Canada shall withdraw the mines and minerals in the Area from locating, prospecting or mining under the Yukon Quartz Mining Act R.S.C. 1985, c. Y-4 and the Yukon Placer Mining Act R.S.C. 1985, c. Y-3 and from exploration and development under the Canada Petroleum Resources Act R.S.C. 1985, c.36 (2nd Supp.) for 18 months from the Effective Date of this Agreement or until the management plan is recommended pursuant to 4.8, whichever comes first.

The withdrawal shall be subject to:

recorded mineral claims and leases under the Yukon Quartz Mining Act R.S.C. 1985, c. Y-4 and recorded placer mining claims and leases to prospect under the Yukon Placer Mining Act, R.S.C. 1985, c. Y-3;

oil and gas rights, interests and privileges under the Canada Petroleum Resources Act R.S.C. 1985, c.36 (2nd Supp.);

rights granted under Section 8 of the Territorial Lands Act, R.S.C. 1985, c. T-6; and

new licences, permits or other rights which may be granted in respect of an interest described in (a), (b), or (c) above.

REFERENCED CLAUSES: 
Chapter 10 Schedule B 1.1, 1.2, 1.3, 1.4, 1.5
Responsibility Activities Timing
Canada Transfer to the Commissioner of the Yukon the administration and control of the land comprising the Horseshoe Slough Habitat Protection Area as identified in 1.1, excluding the mines and minerals and the right to work the mines and minerals. As soon as practicable after the Effective Date
Yukon Establish the Horseshoe Slough Habitat Protection Area pursuant to the Wildlife Act, R.S.Y., 1986, c.178. As soon as practicable after the transfer of the Area from Canada
Canada Withdraw the mines and mineral in the Area from locating, prospecting or mining under the Yukon Quartz Mining Act R.S.C. 1985, c. Y-4 and from the Yukon Placer Mining Act R.S.C. 1985, c. Y-3 and from exploration and development under the Canada Petroleum Resources Act R.S.C. 1985, c.36 (2nd Suppl.) subject to Chapter 10, Schedule B 1.5.1. For 18 months after the Effective Date or until the management plan is approved pursuant to Chapter 10, Schedule B 4.7, whichever comes first
Yukon Seek consent of the NNDFN to remove lands forming part of the Area from habitat protection status under the Wildlife Act, R.S.Y, 1986, c.178. If proposing to remove lands forming part of the Area.
NNDFN Grant or deny consent. Within a reasonable time period after request for consent

PROJECT: Preparation of the management plan for Horseshoe Slough Habitat Protection Area

RESPONSIBLE PARTY: 
Yukon, Mayo District Renewable Resources Council,

PARTICIPANT/LIAISON: 
Canada, NNDFN

OBLIGATIONS ADDRESSED: 
A steering committee shall be established to prepare a management plan for the Area.

The steering committee shall be comprised of four members, two nominated by Government and two by the Mayo District Renewable Resources Council.

The Minister, within 60 days of the receipt of the management plan, shall accept, vary or set aside the recommendations.

The Minister may extend the time provided in 4.7 by 30 days.

The Minister shall forward his decision under 4.7 to the Mayo District Renewable Resources Council and the First Nation of Nacho Nyak Dun.

The Yukon shall manage the Area in accordance with the Wildlife Act, R.S.Y. 1986, c. 178 and the approved management plan, and Canada shall manage the mines and minerals in the Area in the accordance with the approved management plan.

REFERENCED CLAUSES: 
Chapter 10 Schedule B 4.1, 4.2, 4.7, 4.8, 5.1;
Cross reference Chapter 10 Schedule B 4.3, 4.4, 4.5, 4.6, 4.9
Responsibility Activities Timing
Yukon and Mayo District Renewable Resources Council Establish steering committee comprised of two members nominated by Government and two members nominated by the Mayo District Renewable Resources Council. As soon as practicable after Effective Date
Steering committee Hold initial meeting to prepare a workplan for development of the managment plan pursuant to Chapter 10, Schedule B, 4.3, 4.4, 4.5 and 4.6, also considering 4.9. As soon as practicable after establishment of the steering committee
Steering committee In accordance with the workplan, develop and recommend management plan to the Minister. Best efforts within 18 months of Effective Date, consistent with the workplan
Minister Accept, vary or set aside the recommended management plan including resolution of outstanding matters. Within 60 days of receipt of the management plan
Minister At discretion, extend 60 day time period by 30 days. By end of 60 day period
Minister Forward decision regarding the recommended management plan to Mayo District Renewable Resources Council and NNDFN. As soon as practicable after decision is made
Yukon Manage the Horseshoe Slough Habitat Protection Area in accordance with the Wildlife Act, R.S.Y. 1986, c.178 and the approved management plan. Upon approval of the management plan
Canada Manage the mines and minerals in the Area in accordance with the approved management plan. Upon approval of management plan

Planning Assumption

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

PROJECT: Review of management plan for the Horseshoe Slough Habitat Protection Area

RESPONSIBLE PARTY: 
Yukon, Mayo District Renewable Resources Council

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED: 
The management plan shall be reviewed jointly by Government and the Mayo District Renewable Resources Council no later than five years after its initial approval and at least every 10 years thereafter.

REFERENCED CLAUSE: 
Chapter 10 Schedule B 4.9
Responsibility Activities Timing
Yukon and Mayo District Renewable Resources Council Meet to establish the terms of reference for a joint review of the management plan, and identify resources required to undertake the review. In the fourth year following the approval of the management plan as needed so that resource requirements can be addressed in the parties' budgets for the fifth year
Yukon, Mayo District Renewable Resources Council Complete review as agreed. No later than five years after initial approval of the management plan

Planning Assumptions

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

PROJECT: Amendments to the Horseshoe Slough Habitat Protection Area

RESPONSIBLE PARTY: 
Mayo District Renewable Resources Council

PARTICIPANT LIAISON: 
Yukon

OBLIGATIONS ADDRESSED: 
The Mayo District Renewable Resources Council may propose amendments to the management plan to the Minister for his approval.

REFERENCED CLAUSES: 
Chapter 10 Schedule B 4.10
Responsibility Activities Timing
Mayo District Renewable Resources Council Propose amendments to the Horseshoe Slough Habitat Protection Area to the Minister. If Mayo District Renewable Resources Council determines amendments are required
Minister Accept amendments, or refer back to the Mayo District Renewable Resources Council if varied or set aside.  
  Amend the management plan for the Horseshoe Slough Habitat Protection Area. If amendments accepted by Minister

PROJECT: Amendments to the Horseshoe Slough Habitat Protection Area

RESPONSIBLE PARTY: 
Yukon

PARTICIPANT/LIAISON: 
Mayo District Renewable Resource Council

OBLIGATIONS ADDRESSED: 
The Minister shall Consult with the Mayo District Renewable Resources Council prior to amending the management plan.

REFERENCED CLAUSES: 
Chapter 10 Schedule B 4.11
Responsibility Activities Timing
Minister Notify Mayo District Renewable Resources Council of proposed amendments to the Horseshoe Slough Habitat Protection Area. Provide details. If Minister determines amendments are required
Mayo District Renewable Resources Council Prepare and present views on proposed amendments to Minister. Within a reasonable time period after notification
Minister

Provide full and fair consideration to views of Mayo District Renewable Resources Council.

At discretion, amend the management plan for the Horseshoe Slough Habitat Protection Area, taking into account the views of the Mayo District Renewable Resources Council.

 

PROJECT: Establishment of the Peel River Watershed Advisory Committee

RESPONSIBLE PARTY: 
Peel River Watershed Advisory Committee

PARTICIPANT/LIAISON: 
NNDFN, Yukon, Government of the Northwest Territories, Canada, Tetlit Gwich'in

OBLIGATIONS ADDRESSED: 
A Peel River Watershed Advisory Committee ("the Committee") shall be established at the date of the Legislation giving effect to the Gwich'in Final Agreement and shall continue for a period of not more than two years from that date, unless the parties to this Agreement and the Tetlit Gwich'in otherwise agree.

The composition of the Committee shall be as follows:

the Committee shall include at least one nominee of each of the First Nation of Nacho Nyak Dun, the Tetlit Gwich'in, Canada, the Yukon and the Government of the Northwest Territories; and

fifty percent of the members of the Committee shall be nominees of the Tetlit Gwich'in or the First Nation of Nacho Nyak Dun, and 50 percent shall be nominees of Canada, the Yukon or the Government of the Northwest Territories.

The Committee shall consider and make recommendations respecting:

the establishment of a water management agreement for the Peel River Watershed;

the establishment of a Regional Land Use Planning Commission or similar agency within Yukon for any area which includes the Peel River Watershed; and

the need for, and establishment of, Special Management Areas, or protected areas, as defined in the Gwich'in Final Agreement, in the Peel River Watershed and Arctic Red River Watershed.

Canada shall consider the recommendations of the Committee.

The Committee may establish its own rules of procedure.

The costs of the Committee shall be the responsibility of Canada. The Committee shall prepare an annual budget subject to review and approval of Canada.

For the purposes of this schedule, the Peel River Watershed excludes areas of overlap with the Traditional Territories of the Dawson First Nation and the Vuntut Gwich'in First Nation.

REFERENCED CLAUSES: 
Chapter 10 Schedule C 1.1, 1.2, 1.3. 1.5, 1.6, 1.9, 2.1;
Cross reference Chapter 10 Schedule C 1.4, 1.7, 1.8, 1.10
Responsibility Activities Timing
NNDFN, Tetlit Gwich'in Each nominate at least one member for Peel River Watershed Advisory Committee so that 50% of the members of the Committee shall be nominees of NNDFN or Tetlit Gwich'in. On the Effective Date of the Tetlit Gwich'in Final Agreement or as soon as practicable thereafter
Canada, Yukon, Government of the Northwest Territories Each nominate at least one member for Peel River Watershed Advisory Committee so that 50% of the members of the Committee shall be nominees of Government. On the Effective Date of the Gwich'in Final Agreement or as soon as practicable thereafter
Peel River Watershed Advisory Committee Prepare an annual budget and submit to Canada for review and approval. As soon as practicable after establishment at first meeting, and annually until Committee is disbanded
Canada Review budget and make decision regarding approval. Within reasonable time period after receipt of prepared budget
Peel River Watershed Advisory Committee In accordance with 2.1, make recommendations to Canada pursuant to 1.3. As determined by Committee
Canada Review the recommendations of the Peel River Watershed Advisory Committee.  

PROJECT: Nominees to a Regional Land Use Planning Commission for region including any part of the Nacho Nyak Dun Traditional Territory

RESPONSIBLE PARTY: 
Government, First Nation of Nacho Nyak Dun, other affected Yukon First Nations

PARTICIPANT/LIAISON: 
Tetlit Gwich'in

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

Specific Provision

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

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

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

Failing agreement under 11.4.2.2 or determination under 11.4.2.3, Government, the First Nation of Nacho Nyak Dun 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.

Any Regional Land Use Planning Commission established for a planning region which includes any part of the Primary Use Area shall include one nominee of the Tetlit Gwich'in in place of one nominee of the First Nation of Nacho Nyak Dun.

REFERENCED CLAUSES: 
11.4.2
Responsibility Activities Timing
Government Nominate Government representatives (1/3 of total nominees). Upon decision to establish a RLUPC
NNDFN, other YFNs and the Tetlit Gwich'in Agree on individuals to represent Yukon First Nations (1/3 of total nominees), including one nominee of the Tetlit Gwich'in in place of a nominee of NNDFN if the planning region includes any part of the Primary Use Area. Upon decision to establish a RLUPC
NNDFN, other YFNs Refer disagreement to dispute resolution under 26.3.0. If no agreement on nominees
Government, NNDFN and other YFNs Reach agreement on who will nominate the remaining representatives (1/3 of total nominees). Upon decision to establish a RLUPC
Government, NNDFN 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, NNDFN; 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 NNDFN 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
NNDFN, affected YFNs and communities Review information and prepare and present views. Within reasonable timeframe as agreed by the parties to meet the requirements of the approval process
Minister Provide full and fair consideration of views. Before responding to the RLUPC
Minister Prepare and forward to the Regional Land Use Planning Commission, the Government response to aspects of the plan dealing with Non- Settlement Land, including written reasons for any modifications proposed and/or written reasons for rejecting plan. After consultation with affected YFNs and communities
Regional Land Use Planning Commission If the plan is not supported in its entirety, reconsider plan in light of Government response and make final recommendation for plan to government, including written reasons. Upon receipt of government response to plan
Minister Repeat consultation with NNDFN, 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 affected YFNs and communities

Planning Assumption

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

RESPONSIBLE PARTY: 
NNDFN

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

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

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

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

  • the Regional Land Use Planning Commission shall reconsider the plan and make a final recommendation for a regional land use plan to that affected First Nation, with written reason; and
  • the affected Yukon First Nation shall then approve, reject or modify that part of the plan recommended under 11.6.5.1 after Consultation with Government.
REFERENCED CLAUSES: 
11.6.1, 11.6.4, 11.6.5
Responsibility Activities Timing
NNDFN Notify Canada (DIAND) and Yukon that Settlement Land aspects of the recommended regional land use plan are being considered by the First Nation. Upon receipt of regional land use plan
NNDFN 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 NNDFN
NNDFN Provide full and fair consideration of views. Before responding to the RLUPC
NNDFN Prepare and forward to the Regional Land Use Planning Commission, the NNDFN 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 NNDFN response and make final recommendation for plan to NNDFN, including written reasons. Upon receipt of NNDFN response to plan
NNDFN 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 NNDFN
NNDFN Prepare and forward to the Regional Land Use Planning Commission the final NNDFN 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 NNDFN 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 NNDFN

PARTICIPANT/LIAISON:

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

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

REFERENCED CLAUSES: 
11.8.4, 11.9.4;
Cross reference 11.8.1, 11.8.2
Responsibility Activities Timing
Government or NNDFN Propose to the other party that a sub-regional or district land use plan be jointly prepared. As appropriate
Government or NNDFN Review the proposal and notify other party of whether it is willing to undertake joint planning. Upon receipt of proposal
Government and NNDFN 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 NNDFN policies which may be in place from time to time.

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

RESPONSIBLE PARTY: 
NNDFN

PARTICIPANT LIAISON:

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

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

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

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

REFERENCED CLAUSES: 
13.3.1, 13.4.4, 13.4.7, 13.10.8 (see also Chapter 6);
Cross reference 13.4.8
Responsibility Activities Timing
NNDFN

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 NNDFN, 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 NNDFN, after the Effective Date
NND Manage resources.  

Planning Assumptions

  1. Canada and Yukon will assist NNDFN 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 NNDFN Traditional Territory

RESPONSIBLE PARTY: 
NNDFN, 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
Responsibility Activities Timing
NNDFN

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 NNDFN Traditional Territory;
  • determine ownership of those records which may be considered private property; and
  • resolve disputes when more than one Yukon First Nation asserts ownership of a Heritage Resource.

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

Attempt to resolve disputes as they occur.

At discretion of NNDFN, after the Effective Date
NNDFN 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 NNDFN 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 NNDFN to access existing funding programs, including those programs designed to develop facilities to display and house Heritage Resources.
  2. Yukon is taking steps to access funding to provide proper and adequate facilities necessary to clean and restore Moveable Heritage Resources.

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

RESPONSIBLE PARTY: 
Government, Yukon First Nations

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

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

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

REFERENCED CLAUSES: 
13.4.1, 13.4.2;
Cross reference 3.5.3.5, 13.5.3.10, 13.10
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 the achieving 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, NNDFN

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

Planning Assumptions

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

RESPONSIBLE PARTY: 
Canada, Yukon

PARTICIPANT/LIAISON: 
NNDFN

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 Activities Timing
Yukon or Canada Notify NNDFN of subject matter of any proposed legislative or policy changes related to Heritage Resources in the Yukon. As necessary, following Effective Date
NNDFN 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 NNDFN.  

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

RESPONSIBLE PARTY: 
Canada, Yukon, NNDFN

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

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

RESPONSIBLE PARTY: 
Yukon First Nations, Yukon

PARTICIPANT/LIAISON: 
Yukon Heritage Resources Board, Canada

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

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

REFERENCED CLAUSES: 
13.5.3.6;
Cross reference 13.3.2.1, 13.3.6, 13.3.7, 13.5.4
Responsibility Activities Timing
Yukon First Nations or Yukon Notify parties of desire to begin development of manual. At discretion
Yukon First Nations and Yukon Convene meeting to discuss. As arranged by parties
Yukon and Yukon First Nations Notify Yukon Heritage Resources Board that manual is being prepared and seek input. Upon readiness of parties to undertake development of manual
Yukon Heritage Resources Board Make recommendation to Yukon, Yukon First Nation and Canada (CPS) regarding the contents of manual. As soon as practicable after notice received
Yukon and Yukon First Nations Reach agreement on content of manual. As soon as practicable
Yukon and Yukon First Nations Provide Canada (CPS) with definitions to be used in manual, and ask for response. After agreement reached between Yukon and Yukon First Nations
Canada (CPS) Respond to Yukon and Yukon First Nations. Within a reasonable period of time
Yukon and Yukon First Nation Incorporate Canada (CPS) comments in manual, as agreed by Yukon First Nations and Yukon. Complete manual. As soon as practicable

Planning Assumptions

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

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

RESPONSIBLE PARTY: 
Canada, Yukon

PARTICIPANT/LIAISON: 
NNDFN

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 NNDFN. At request of NNDFN
  Make available to NNDFN completed research or interpretive reports which it has produced or commissioned, which affect the NNDFN. Upon request by NNDFN.
NNDFN 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 NNDFN 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 NNDFN pertaining to publication of such reports, consistent with 13.1.1.1.

PROJECT: The provision of written inventories of sites within the Traditional Territory of NNDFN identified as Heritage Sites.

RESPONSIBLE PARTY: 
Yukon, Canada

PARTICIPANT/LIAISON: 
NNDFN

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

REFERENCED CLAUSES: 
13.8.1.2 (a)
Responsibility Activities Timing
Canada, Yukon If a written inventory of sites within the NNDFN Traditional Territory identified by Government as Heritage Sites has been prepared as of the Effective Date, provide copy to NNDFN. As soon as practicable

PROJECT: The interim protection of a Heritage Site within the Traditional Territory of NNDFN

RESPONSIBLE PARTY: 
Yukon, Canada

PARTICIPANT/LIAISON: 
NNDFN

OBLIGATIONS ADDRESSED: 
When requested by the First Nation of Nacho Nyak Dun, Government shall consider protection within existing Legislation for a period of time of a Heritage Site on Non- Settlement Lands or Settlement Lands within the Traditional Territory of the First Nation of Nacho Nyak Dun which is directly related to the culture and history of Yukon Indian People pending a decision by the Minister on Non- Settlement Land or the First Nation of Nacho Nyak Dun on Settlement Land whether to designate the Heritage Site as a Designated Heritage Site;

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

REFERENCED CLAUSES: 
13.8.1.2 (b) and 13.8.1.2 (c)
Responsibility Activities Timing
NNDFN Request, from Government, protection within existing Legislation for a period of time of a Heritage Site within the Traditional Territory of the NNDFN, pending a decision whether to designate the Site as a Designated Heritage Site. Provide views regarding the terms and conditions of the temporary protection. When interim protection desired
Canada, Yukon Provide full and fair consideration to request for interim protection and NNDFN views regarding terms and conditions of the temporary protection. As soon as practicable after request of NNDFN
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 identification of proposed Designated Heritage Sites within the Traditional Territory of NNDFN

RESPONSIBLE PARTY: 
Yukon, Canada

PARTICIPANT/LIAISON: 
NNDFN

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

REFERENCED CLAUSES: 
13.8.1.2 (d)
Responsibility Activities Timing
Canada, Yukon Provide written notice to NNDFN when land within the NNDFN Traditional Territory is identified by Canada or Yukon as a proposed Designated Heritage Site. As soon as practicable after identification

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

RESPONSIBLE PARTY: 
Yukon, Canada, NNDFN

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

PROJECT: The control of access to Designated Heritage Sites

RESPONSIBLE PARTY: 
Canada, Yukon, NNDFN

PARTICIPANT/LIAISON: 
Yukon Heritage Resources Board

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

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

REFERENCED CLAUSES: 
13.8.4, 13.8.5;
Cross reference 10.5.1, 10.5.2, 13.8.1, 13.8.2
Responsibility Activities Timing
Yukon, Canada, NNDFN 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 NNDFN Settlement Land

RESPONSIBLE PARTY: 
NNDFN

PARTICIPANT/LIAISON: 
Yukon, Surface Rights Board

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

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

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

(a) the consent of the First Nation of Nacho Nyak Dun; or

(b) failing consent, an order of the Surface Rights Board setting out the terms and conditions of further disturbing 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
NNDFN Develop procedures with respect to the reporting of accidental discovery of a Heritage Resource and the safeguarding of the Heritage Resource. After Effective Date
NNDFN Receive report of accidental discovery of a Heritage Resource. Ensure disturbance of site has ceased. As soon as practicable after discovery
NNDFN Grant or deny consent to further disturb a Heritage Site or Moveable Heritage Resource. If request made
NNDFN 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 whose accidental discovery on Settlement Land is reported to NNDFN

RESPONSIBLE PARTY: 
Yukon, NNDFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED: 
The First Nation of Nacho Nyak Dun shall report to Government, as soon as practicable, the discovery on Settlement Land of the First Nation of Nacho Nyak Dun of any Documentary Heritage Resource reported to it under 13.8.7.1.

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

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

REFERENCED CLAUSES: 
13.8.7.4, 13.8.7.5 and 13.8.7.6;
Cross reference 13.8.7.1 and 26.3.0
Responsibility Activities Timing
NNDFN Report to Yukon the discovery of any Documentary Heritage Resource reported to NNDFN under 13.8.7.1. As soon as practicable after report under 13.8.7.1
Yukon, NNDFN Attempt to agree whether the Documentary Heritage Resource is a Public Record or a Non-Public Record.  
  Refer the matter to mediation under 26.3.0, if failure to reach an agreement. At discretion of either party
NNDFN 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 NNDFN Burial Sites on Settlement Land

RESPONSIBLE PARTY: 
NNDFN

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
NNDFN

Develop and establish policies and procedures to:

  • manage and protect NNDFN Burial Sites;
  • restrict access; and
  • 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 NNDFN Burial Sites on Non-Settlement Land

RESPONSIBLE PARTY: 
Government, NNDFN

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, NNDFN

Develop and establish procedures to:

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

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

RESPONSIBLE PARTY:
NNDFN

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

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 Activities Timing
NNDFN 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 NNDFN after Effective Date
NNDFN 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 NNDFN

RESPONSIBLE PARTY: 
Government

PARTICIPANT/LIAISON: 
NNDFN

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.

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

RESPONSIBLE PARTY: 

REFERENCED CLAUSES: 
13.10.2;
Cross reference 13.4.8, 2.7.1
Responsibility Activities Timing
Government Make available to the NNDFN any existing list of Documentary Heritage Resources in Government custody relating to the NNDFN. At request of a NNDFN
  Make available for copying any of the Documentary Heritage Resources. At request of NNDFN

Yukon, Canada

PARTICIPANT/LIAISON: 
Yukon First Nations, Yukon Indian Elders

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

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

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

REFERENCED CLAUSES: 
13.10.4, 13.10.5 and 13.10.7;
Cross reference 13.3.1, 13.3.2, 13.10.3, 13.4.3
Responsibility Activity Timing
Yukon, Canada Notify YFNs of Documentary Heritage Resources relating to Yukon Indian People held by Government and anticipated management plans for those collections. Provide details. As practicable
  Notify YFNs of proposed displays and inventories of Documentary Heritage Resources in the Yukon pertaining to its Yukon Indian People. Provide details. Prior to planning such displays and inventories
YFNs

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

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

Within a reasonable period of time
Yukon, Canada

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

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

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

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 NNDFN by the Yukon Geographical Place Names Board

RESPONSIBLE PART: 
Yukon Geographical Place Names Board

PARTICIPANT/LIAISON: 
NNDFN, 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 NNDFN when considering the naming of a place or feature within NNDFN Traditional Territory.] As required
Yukon First Nation 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: 
NNDFN, Canada

PARTICIPANT/LIAISON: 
Yukon Geographical Place Names Board

OBLIGATIONS ADDRESSED: 
A Yukon First Nation may name or rename places or geographical feature 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 specificationss 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
NNDFN Develop and establish policies and conduct communitybased research re: the naming or renaming of geographic features on its Settlement Land. As needed
NNDFN Provide name to Yukon Geographical Place Names Board. As appropriate
YGPNB Communicate acceptance and approval of place name to Canada. As soon as practicable
NNDFN, Canada Investigate and use best efforts to conclude arrangements to include names on revised NTS maps. As appropriate

Planning Assumption

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

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

RESPONSIBLE PARTY: 
Canada, Yukon

PARTICIPANT/LIAISON: 
NNDFN

OBLIGATIONS ADDRESSED: 
Government shall provide written notice to the First Nation of Nacho Nyak Dun of any invitation for public tenders in respect of contracts associated with the management of a Designated Heritage Site directly related to the history or culture of Nacho Nyak Dun within the Traditional Territory of the First Nation of Nacho Nyak Dun.

The First Nation of Nacho Nyak Dun shall have the first opportunity to accept any fixed term contract offered by Government associated with the management of a Designated Heritage Site directly related to the history or culture of Nacho Nyak Dun within the Traditional Territory of the First Nation of Nacho Nyak Dun.

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 Designated Heritage Site directly related to Nacho Nyak Dun within the Traditional Territory of the First Nation of Nacho Nyak Dun.

REFERENCED CLAUSES: 
13.12.1.1, 13.12.1.2, 13.12.1.3 and 13.12.1.4;
Cross reference 13.12.1.7, 22.5.10
Responsibility Activities Timing
Canada, Yukon

Notify the NNDFN of any fixed term contract being offered by Government.

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

From time to time
NNDFN Provide response to Government whether to accept fixed term contract. Within accepted limits under contract regulations
Canada, Yukon Provide the NNDFN 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 NNDFN 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 Designated Heritage Sites within the Traditional Territory of the First Nation of Nacho Nyak Dun.

RESPONSIBLE PARTY: 
Canada, Yukon

PARTICIPANT/LIAISON: 
NNDFN

OBLIGATIONS ADDRESSED: 
Government shall include in any contract opportunities associated with the management of a designated Heritage Site directly related to the history or culture of Nacho Nyak Dun within the Traditional Territory of the Nacho Nyak Dun;

(a) a criterion for Nacho Nyak Dun employment; and

(b) a criterion for special knowledge or experience of Nacho Nyak Dun which is related to the Heritage Site.

Nothing in 13.12.1.5 shall be construed to mean that a criterion for employment or special knowledge or experience 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, 13.12.1.7
Responsibility Activities Timing
Canada, Yukon Include a criterion for Nacho Nyak Dun employment and a criterion for special Nacho Nyak Dun 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 NNDFN Traditional Territory. From time to time after Effective Date

Planning Assumption

  1. Yukon will seek input from NNDFN in developing criteria for Nacho Nyak Dun employment or for special Nacho Nyak Dun experience or knowledge.

PROJECT: The development of a management plan for the Lansing Heritage Site.

RESPONSIBLE PARTY: 
Yukon, NNDFN

PARTICIPANT/LIAISON: 
Yukon Heritage Resources Board

OBLIGATIONS ADDRESSED: 
Government and the First Nation of Nacho Nyak Dun shall establish the boundaries of the Site based on information provided by the historic resources assessment carried out pursuant to 2.1.

Government and the First Nation of Nacho Nyak Dun shall carry out a historic resources assessment of the Site as the initial stage of preparing a management plan for the Site.

Government and the First Nation of Nacho Nyak Dun shall prepare jointly a management plan for the Site which shall be reviewed by the Yukon Heritage Resources Board. The Yukon Heritage Resources Board may make recommendations respecting the management plan to Government and the First Nation of Nacho Nyak Dun.

REFERENCED CLAUSES: 
Chapter 13 Schedule A 1.2, 2.1, 2.2;
Cross reference Chapter 13 Schedule A 1.3, 2.3, 2.4, 2.5, 2.6, 2.7, 3.3, 4.1
Responsibility Activities Timing
Yukon and NNDFN Conduct a historic resources assessment at the Lansing Heritage Site. As soon as practicable
  Establish the boundaries of the Site based on information provided by the historic resources assessment. As soon as practicable after historic resources assessment is completed
Yukon, NNDFN Hold initial meeting to prepare a workplan for development of the management plan pursuant to Chapter 13, Schedule A, 2.3, 2.4, 2.5, 2.6 and 2.7, also considering 3.3. As soon as practicable after Effective Date
  In accordance with the workplan, develop the management plan. As consistent with the workplan
  Refer proposed management plan to the Yukon Heritage Resources Board for its review and recommendations. Once proposed management plan is developed
Yukon Heritage Resources Board Review the management plan and make any recommendations to Yukon and NNDFN. Within a reasonable period of time after receipt of proposed management plan
Yukon and NNDFN Finalize the plan. Best efforts within 18 months of the Effective Date

Planning Assumptions

  1. The workplan discussions at the initial meeting will identify timelines, budgetary and other resources required and each party's participation in the process of developing the plan.
  2. In developing the plan, the parties will consider the costs to NNDFN of managing the site and possibilities for obtaining funding through Government programs as may be in place from time to time.

PROJECT: The alteration of the boundaries of the historic site at Lansing

RESPONSIBLE PARTY: 
NNDFN, Yukon

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED: 
The boundaries of the Site shall not be changed except with the agreement of Government and the First Nation of Nacho Nyak Dun.

REFERENCED CLAUSES: 
Chapter 13 Schedule A 1.3
Responsibility Activities Timing
Yukon, NNDFN Propose changes to the boundaries. At discretion of the party desiring change
Yukon and NNDFN

Reach an agreement regarding changes.

Alter boundaries, if so agreed.

 

PROJECT: The completion and approval of the management plan for the historic site at Lansing.

RESPONSIBLE PARTY: 
Yukon, NNDFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED: 
Government and the First Nation of Nacho Nyak Dun shall make best efforts to complete the management plan within 18 months of the Effective Date of this Agreement.

Government and the First Nation of Nacho Nyak Dun shall jointly approve the management plan.

If Government and the First Nation of Nacho Nyak Dun are unable to agree on the terms of the management plan, Government or the First Nation of Nacho Nyak Dun may refer the dispute to the dispute resolution process under 26.3.0.

REFERENCED CLAUSES: 
Chapter 13, Schedule A 2.4, 3.1 and 3.2;
Cross reference 26.3.0
Responsibility Activities Timing
Yukon and NNDFN Complete the management plan. Best efforts within 18 months of Effective Date or as soon as practicable thereafter
Yukon and NNDFN Approve the management plan.  
Yukon or NNDFN At discretion, refer matter to the dispute resolution process under 26.3.0. If failure to agree on terms of the management plan

PROJECT: The review of the management plan for the historic site at Lansing

RESPONSIBLE PARTY: 
Yukon, NNDFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED: 
Government and the First Nation of Nacho Nyak Dun shall review the management plan no later than five years after its intial approval and no later than every ten years thereafter.

REFERENCED CLAUSES: 
Chapter 13 Schedule A 3.3
Responsibility Activities Timing
NNDFN, Yukon Meet to establish the terms of reference for a joint review of each management plan and identify resources required to undertake the review. No later than the fourth year following the approval of the management plan as needed so that resource requirements can be addressed in the parties' budgets for the fifth year
NNDFN, Yukon Complete review as agreed. No later than five years after its initial approval

Planning Assumption

  1. The cycle of activities will repeat for all subsequent reviews, adjusting timing as necessary.

PROJECT: Amendment of the management plan for the historic site at Lansing

RESPONSIBLE PARTY: 
Yukon, NNDFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED: 
Government and the First Nation of Nacho Nyak Dun shall refer any proposed amendments to the management plan to the Yukon Heritage Resources Board for its review and recommendations.

REFERENCED CLAUSES: 
Chapter 13 Schedule A 3.4;
Cross reference Chapter 13 Schedule A 3.3
Responsibility Activities Timing
Yukon, NNDFN Refer any proposed amendment to the Yukon Heritage Resources Board for its review and recommendations.  
Yukon Heritage Resources Board Review proposed amendment(s) and make any recommendations to Yukon and NNDFN. Within a reasonable period of time after receipt of proposed amendments to the management plans
NNDFN, Yukon Consider recommendations of the Yukon Heritage Resources Board. Within a reasonable period of time after receipt of recommendations
NNDFN, Yukon Amend the management plan. If agreed by parties

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

RESPONSIBLE PARTY: 
Canada, Yukon

PARTICIPANT/LIAISON: 
Mayo District Renewable Resources Council, Canadian Heritage Rivers Board

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

Government, after Consultation with the Mayo District Renewable Resources Council, 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 the Mayo District Renewable Resources Council of the proposal to prepare a nomination document.

Provide details of the nomination to the Mayo District Renewable Resources Council. Before January 31, 1993 or as soon as practicable thereafter

 
Mayo District Renewable Resources Council 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.

 

PROJECT: The development and approval of a Management Plan for the Bonnet Plume River

RESPONSIBLE PARTY: 
Canada, Yukon, Mayo District Renewable Resources Council

PARTICIPANT/LIAISON: 
Canadian Heritage Rivers Board

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

  • the river shall be placed on the register of Candidate Heritage Rivers; and
  • Government and the Mayo District Renewable Resources Council shall jointly prepare a Management Plan for the Bonnet Plume River.

Government and the Mayo District Renewable Resources Council 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 Mayo District Renewable Resources Council.

The Management Plan shall be submitted for approval to the Minister 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 Bonnet Plume River on the register of Candidate Canadian Heritage Rivers. Upon recommendation of the Board and acceptance by the Minister of nomination.
Canada, Yukon, Mayo District Renewable Resources Council 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 Bonnet Plume River.

As agreed
Canada, Yukon, Mayo District Renewable Resources Council Submit the completed Management Plan to Mayo District Renewable Resources Council for approval.  
Canada, Yukon, Mayo District Renewable Resources Council Submit the Management Plan, as approved by Mayo District Renewable Resources Council, for approval to the Ministers of the nominating agencies in accordance with the Canadian Heritage Rivers System Program.  
  Forward the Management Plan to the Canadian Heritage Rivers Board. Upon approval by the 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: Review and amendments of the Management Plan for the Bonnet Plume River

RESPONSIBLE PARTY: 
Canada, Yukon, Mayo District Renewable Resources Council

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED: 
Government and the Mayo Renewable Resources Council 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, Mayo District Renewable Resources Council

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 intial approval of the plan, as agreed by the parties

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

RESPONSIBLE PARTY: 
The Minister of the Environment (Canada)/Ministers of the nominating agencies of Government/Canadian Heritage Rivers Board

PARTICIPANT/LIAISON:

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

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

REFERENCED CLAUSES: 
Chapter 13 Schedule B 4.1 and 4.2
Responsibility Activities Timing
Ministers Designate the Bonnet Plume River as a Canadian Heritage River. Upon receipt by the Board of the Management Plan
Ministers Notify NNDFN of formal designation.  
Canadian Heritage Rivers Board Review the status of the Bonnet Plume River as a Canadian Heritage River in accordance with the provisions of the Canadian Heritage Rivers System Program. Periodically after formal designation
Canadian Heritage Rivers Board Notify NNDFN of review.  

PROJECT: Exception to the exclusive right of the First Nation of Nacho Nyak Dun to use Water

RESPONSIBLE PARTY: 
Nacho Nyak Dun First Nation and Tetlit Gwich'in

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED: 
The exclusive right of the First Nation of Nacho Nyak Dun to use Water referred to in 14.5.4 is subject to 10.3.1 of the Gwich'in Transboundary Agreement.

REFERENCED CLAUSES: 
14.5.4.1
Responsibility Activities Timing
NNDFN Use Water as permitted by the NNDFA, recognizing that in the Primary and Secondary Use Areas, the Tetlit Gwich'in have the right to use Water for a traditional use. As required
Tetlit Gwich'in Use Water as permitted by the Gwich'in Transboundary Agreement for a traditional use in the Primary and Secondary Use Areas, recognizing that the NNDFN also has a right to use Water in the Primary and Secondary Use Areas. As required

Planning Assumptions

  1. 10.3.1 of the Gwich'in Transboundary Agreement states that:
    "Subject to laws of general application, a Tetlit Gwich'in shall have the right to use water for a traditional use in the primary and secondary use areas".
  2. 10.3.3 states that:
    "Nothing in 10.3.1 shall be construed to grant a priority of use or a right to compensation".

PROJECT: Renewal or replacement of Water Licences

RESPONSIBLE PARTY: 
NNDFN

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
NNDFN 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
NNDFN 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 NNDFN 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: 
NNDFN

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

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

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

REFERENCED CLAUSES: 
14.7.8
Responsibility Activities Timing
NNDFN Attempt to negotiate agreement with Licence holder. At discretion after three years from the Effective Date
NNDFN Apply to Yukon Water Board for determination or compensation related to any Licence described in activity 14.7.3. At discretion if no agreement is reached

Planning Assumption

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

PROJECT: Shared drainage basin agreements

RESPONSIBLE PARTY: 
Canada

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

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

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

REFERENCED CLAUSES: 
14.10.1, 14.10.2
Responsibility Activities Timing
Government Identify jurisdictions which share drainage basins with Yukon. Within one year of the effective date of Settlement Legislation
Government Contact identified jurisdictions and attempt to initiate discussions on Water management agreements. As practicable
  If agreement to negotiate is reached with other jurisdictions:  
  notify NNDFN that Government is formulating positions on Water management in a specified shared drainage basin and provide relevant information.  
NNDFN 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: 
NNDFN, Yukon Indian Person

PARTICIPANT/LIAISON: 
Yukon Water Board

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

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

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

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

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

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

  • subject to 14.12.6.2, the effect of the unlawful Use of Water on the Yukon Indian Person's Traditional Use of Water in that Yukon Indian Person's Traditional Territory;
  • the effect of the unlawful Use of Water on a Yukon Indian Person's Traditional Use in relation to traditional heritage, culture and spiritual purposes, but only on or adjacent to the Settlement Land of the Yukon First Nation under whose Yukon First Nation Final Agreement that Yukon Indian Person is enrolled;
  • the incremental effect of the unlawful Use of Water on the Yukon Indian Person's Traditional Use;
  • the cost to the Yukon Indian Person of mitigation of damage caused to Settlement Land and restoration of Settlement Land for the Traditional Use;
  • the duration of any of the above; and
  • any other factors set out in the Northern Inland Waters Act, R.S.C. 1985, c.N-25.
REFERENCED CLAUSES: 
14.12.3, 14.12.4, 14.12.5, 14.12.6;
Cross reference 14.2.1, 14.12.2, 14.12.7 - 14.12.10
Responsibility Activities Timing
NNDFN, 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, Yukon, Yukon First Nations, Land Titles Office

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

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

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

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

Final decisions and ultimate responsibility concerning survey of Settlement Land rests with Canada and such decisions shall be taken in Consultation with the Yukon and the Council for Yukon Indians.

REFERENCED CLAUSES: 
15.2.1, 15.2.3, 15.2.4, 15.2.5;
Cross reference 5.3.2, 5.3.3, 15.2.6, 15.2.7, 15.2.8, 15.2.10, 15.4.2.1, 15.4.3, 15.7.1 22.3.4
Responsibility Activities Timing
Canada (EMR) Establish survey program based on information provided by SLCs to be adjusted annually as required. After receipt of information from SLCs, and from CYI and Yukon pursuant to 15.2.9 and as required thereafter until surveys are complete
Canada (EMR) Notify SLCs of survey program established Once program has been set
Canada (EMR) Prepare survey instructions consistent with 15.4.2.1. As practicable
Canada (EMR) Tender survey contracts consistent with 15.7.1 and 22.3.4.  
Canada (EMR) Oversee completion of surveys in accordance with Manual of Instructions for the Survey of Canada Lands.  
Canada (EMR) Notify SLC that boundary requires adjustment to reduce survey cost. As required
SLC Review proposal to adjust As soon as practicable upon receipt of notice
Canada (EMR) Adjust boundary. If consent of the SLC is granted
Canada (EMR) Receive survey results from contractor, examine results, and forward results to SLC for review. Upon completion of survey

Planning Assumption

  1. The survey program initially established will be reviewed annually by Canada. If the review indicates a need to vary the program or to vary from the survey priorities determined by the Settlement Land Committees, Yukon and CYI will be consulted before a final decision to vary is taken. An Activity Plan for this consultation appears in the UFA Implementation Plan for 15.2.9.

PROJECT: Priorities for the identification and selection of Site Specific Settlement Land

RESPONSIBLE PARTY: 
Canada

PARTICIPANT/LIAISON: 
Settlement Land Committee, Yukon, NNDFN, 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 NNDFN 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 NNDFN. As required
Government, SLC or NNDFN 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

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 NNDFN 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, Yukon, NNDFN, 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 NNDFN
SLC If the plan conforms in the view of the SLC, recommend plan to NNDFN and seek written approval of plan from NNDFN. As soon as practicable after EMR review
NNDFN Review plan to ensure that the parcels depicted conform to the area selected. As soon as practicable
NNDFN

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 NNDFN system. Upon confirmation

PROJECT: Employment and economic opportunities -- Surveying

RESPONSIBLE PARTY: 
Canada

PARTICIPANT/LIAISON:
First Nation of Nacho Nyak Dun

OBLIGATIONS ADDRESSED: 
In evaluating any competitive proposal, bid or tender for the survey of First Nation of Nacho Nyak Dun Settlement Land, Government shall include among the factors for consideration, Nacho Nyak Dun employment, Nacho Nyak Dun ownership or equity investment in the firm and in any subcontracting 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 the First Nation of Nacho Nyak Dun Settlement Land shall be set out in the economic development opportunities plan required by 22.3.1.

(a) Government and the First Nation of Nacho Nyak Dun may agree on the determination of qualifications and experience appropriate for the survey pending the completion of the economic development opportunities plan required pursuant to 22.3.1.

Nothing in 15.7.1.1 shall be construed to mean that the criterion for Nacho Nyak Dun employment or Nacho Nyak Dun ownership or equity investment shall be the determining criteria in awarding any contract.

REFERENCED CLAUSES: 
15.7.1;
Cross reference 22.3.1
Responsibility Activities Timing
Canada (EMR) In cooperation with NNDFN, develop selection factors which include the specified factors, to be used for evaluating competitive proposals, bids or tenders for survey of NNDFN Settlement Land. As soon as practicable before beginning the survey of NNDFN Settlement Land
Canada (EMR) Evaluate proposals, bids and tenders taking into consideration factors developed. As required
Canada (EMR) and NNDFN 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 opportunities development plan prepared pursuant to 22.3.1. Prior to completion of plan

PROJECT: Administration of survey contracts

RESPONSIBLE PARTY: 
Canada

PARTICIPANT/LIAISON: 
NNDFN, Yukon Indian People

OBLIGATIONS ADDRESSED: 
Where economic opportunities and benefits are associated with the survey of Settlement Land, Yukon First Nations shall have access to these opportunities and benefits. Any contract issued for the survey of Settlement Land shall contain the condition that Yukon Indian People and Yukon First Nation businesses with the necessary qualifications and experience shall be given first consideration in providing technical and support services associated with the contract. A list of Yukon First Nation businesses and Yukon Indian People interested in providing such services to potential contractors for such surveys of a Yukon First Nation's Settlement Land shall be included with all requests for proposals, and documentary proof the Yukon First Nation's businesses and Yukon Indian People were given first consideration shall form part of a contractor's proposal.

REFERENCED CLAUSES: 
15.7.2;
Cross reference 22.5.4, 22.5.6, 22.5.8, 22.5.9, Annex D
Responsibility Activities Timing
Canada (EMR)

Prepare contracts for the survey of Settlement Land and include the condition that Yukon Indian People and NNDFN 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 NNDFN businesses and Yukon Indian People interested in providing such services to potential contractors for such surveys of NNDFN Settlement Land with all requests for proposals, and require documentary proof that the NNDFN 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: Sharing of economic benefits with the Tetlit Gwich'in

RESPONSIBLE PARTY: 
First Nation of Nacho Nyak Dun

PARTICIPANT/LIAISON: 
Tetlit Gwich'in

OBLIGATIONS ADDRESSED: 
Where Tetlit Gwich'in Yukon Land abuts Settlement Land of the First Nation of Nacho Nyak Dun, the Tetlit Gwich'in and the First Nation of Nacho Nyak Dun shall agree on how to share the economic benefits in 15.7.2.

REFERENCED CLAUSES: 
15.7.2.1;
Cross reference 15.7.2
Responsibility Activities Timing
NNDFN Contact Tetlit Gwich'in and agree on how the economic benefits described in 15.7.2 shall be shared. Prior to the survey of land which abuts NNDFN Settlement Land

Planning Assumption

  1. Activities associated with the implementation of 15.7.2 are detailed in the Activity Plan for 15.7.2.

PROJECT: Consultation with NNDFN prior to imposition of a limitation in Legislation

RESPONSIBLE PARTY: 
Canada, Yukon

PARTICIPANT/LIAISON: 
NNDFN

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

RESPONSIBLE PARTY: 
Canada

PARTICIPANT/LIAISON: 
NNDFN 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 NNDFN 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
NNDFN 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 NNDFN and other affected Yukon First Nations. As required

Planning Assumption

  1. Canada may also liaise with a number of public Fish and Wildlife management structures, depending on the subject matter, including: Renewable Resources Councils, Fish and Wildlife Management Board, Salmon-Sub Committee, North Slope Wildlife Management Advisory Council, Porcupine Caribou Management Board and others.

PROJECT: Amendments to Game Export Act

RESPONSIBLE PARTY: 
Canada

PARTICIPANT/LIAISON: 
Yukon, NNDFN

OBLIGATIONS ADDRESSED: 
Government shall make best efforts to amend the Game Export Act, R.S.C. l985, c. G-1 to enable the transport of Wildlife products 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, NNDFN Review WAPPA and regulations to determine if they comply with requirements of 16.3.7. After receipt of WAPPA
Canada Consult with NNDFN and Yukon for the purpose of determining whether further amendments are required.  
Canada If WAPPA is not proclaimed, make best efforts to amend legislation pursuant to 16.3.7. As soon as practicable

Planning Assumption

  1. The Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, S.C. 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, NNDFN, 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
Responsibility Activities Timing
Canada (CPS), Yukon, NNDFN Meet to discuss appropriate protocol for coordination of the management of Fish and Wildlife populations which cross the boundary of a National Park. If there is a National Park established within NNDFN Traditional Territory
Canada (CPS), Yukon, NNDFN 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: 
NNDFN

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

RESPONSIBLE PARTY: 
Canada, Yukon

PARTICIPANT/LIAISON: 
NNDFN

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 NNDFN of proposal of Fish and Wildlife matter requiring action which affects NNDFN.

As required
NNDFN 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 NNDFN of action to be taken by Government. Prior to taking action

PROJECT: Nominate alternate members to Mayo District Renewable Resources Council.

RESPONSIBLE PARTY: 
NNDFN, Yukon

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED: 
The Minister and First Nation of Nacho Nyak Dun 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
NNDFN, Yukon At discretion, each nominate an additional member to Mayo District Renewable Resources Council as alternate. At time of nominations for Mayo District Renewable Resources Council
Minister Appoint alternate members to Mayo District Renewable Resources Council. After nominations have been received

PROJECT: Nomination of Tetlit Gwich'in Members to Mayo District Renewable Resources Council

RESPONSIBLE PARTY: 
Yukon, NNDFN

PARTICIPANT/LIAISON: 
Tetlit Gwich'in, Mayo District Renewable Resources Council

OBLIGATIONS ADDRESSED: 
When considering matters respecting the Primary Use Area, the three members who are nominees of the First Nation of Nacho Nyak Dun shall be replaced by three members who are nominees of the Tetlit Gwich'in.

The Tetlit Gwich'in shall Consult with the First Nation of Nacho Nyak Dun prior to making its nominations to the Renewable Resources Council.

REFERENCED CLAUSES: 
16.6.2.4, 16.6.2.5
Responsibility Activities Timing
Gwich'in Tribal Council Nominate 3 members to Mayo District Renewable Resources Council. After Effective Date
Gwich'in Tribal Council Notify NNDFN of the three names. As soon as practicable after nomination decision made
NNDFN Provide response to Tetlit Gwich'in re: proposed members. Within a reasonable period of time after receipt of names
Gwich'in Tribal Council Give full and fair consideration to NNDFN response. Provide names to Yukon Minister.  
Yukon Minister Appoint members to Mayo District Renewable Resources Council. After receipt of nominations
3 Tetlit Gwich'in members of Renewable Resources Council Replace 3 NNDFN members. When Mayo District Renewable Resources Council is considering matters respecting the Primary Use Area

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.
NNDFN 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 Mayo District Renewable Resources Council

RESPONSIBLE PARTY: 
Canada, Yukon, NNDFN

PARTICIPANT/LIAISON: 
Mayo District 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 Mayo District Renewable Resources Council. As soon as practicable after Government is in receipt of research information
Canada, Yukon, NNDFN Provide Mayo District Renewable Resources Council with information in their possession reasonably required for the Council to carry out its functions under this chapter. Upon request by Mayo District Renewable Resources Council

PROJECT: Allocation of Total Allowable Harvest for moose or woodland caribou.

RESPONSIBLE PARTY: 
Yukon, NNDFN

PARTICIPANT/LIAISON: 
Mayo District Renewable Resources Council, Fish and Wildlife Management Board

OBLIGATIONS ADDRESSED: 
In the event that a Total Allowable Harvest is established for moose or woodland caribou, for all or part of the Traditional Territory of the First Nation of Nacho Nyak Dun, which is outside of the Primary Use Area, the Total Allowable Harvest shall be allocated as follows:

Government shall allocate to the First Nation of Nacho Nyak Dun 75 percent of the Total Allowable Harvest or the estimated needs of the Nacho Nyak Dun established pursuant to 16.9.1.3(b) for the exercise of their rights under 16.4.0, whichever is less;

the Minister and the First Nation of Nacho Nyak Dun may agree to make exceptions to the allocation set out in 16.9.1.3 (a) in particular circumstances, but only after obtaining a recommendation of the Renewable Resources Council under 16.6.10.13(b);

the Council and the Board shall each send to the First Nation of Nacho Nyak Dun any recommendations which each makes pursuant to 16.6.10.1, 16.6.10.13(b), 16.7.12.4 or 16.9.4 on the allocation of the remainder of a Total Allowable Harvest;

the First Nation of the Nacho Nyak Dun may make representations to the Minister on the recommendations of the Board or the Council on the allocation of the Total Allowable Harvest not allocated to Nacho Nyak Dun;

whether or not the First Nation of Nacho Nyak Dun has made any representation under 16.9.1.3 (d), the Minister and the First Nation of Nacho Nyak Dun shall attempt to reach an agreement on the allocation of the Total Allowable Harvest not allocated to the Nacho Nyak Dun before the Minister makes a final decision;

nothing in 16.9.1.3 (f) shall be construed to require the Minister to exceed the time periods set out in 16.8.4 to 16.8.6; and

failing agreement, the Minister shall make a decision in accordance with 16.8.0.

REFERENCED CLAUSES: 
16.9.1.3 (a), (c), (d), (e), (f), (g), (h);
Cross reference 16.5.1, 16.5.4, 16.9.1.3 (b), 16.9.2, 16.6.10.1, 16.6.10.13 (b), 16.7.12.2, 16.7.12.4
Responsibility Activities Timing
Yukon Allocate number of moose or woodland caribou in accordance with 16.9.1.3 (a). In the event that a Total Allowable Harvest is established
Minister, NNDFN Make exceptions to the allocation set out in 16.9.1.3 (a) following recommendation of Mayo District Renewable Resources Council. As agreed by the parties
Mayo District Renewable Resources Council, Fish and Wildlife Management Board Send copies of any recommendations made on the allocation of remainder of Total Allowable Harvest to NNDFN. Whenever such recommendations are made to Minister
NNDFN At discretion, make representations to Minister on Renewable Resources Council or Fish and Wildlife Management Board recommendations. Within a reasonable period of time
NNDFN, Minister Attempt to reach an agreement on allocation of remainder of Total Allowable Harvest, whether or not NNDFN has made representations. Before Minister makes final decision
Minister If no agreement, make decision in accordance with 16.8.0.  

PROJECT: Establishment of estimated needs of NNDFN if Total Allowable Harvest is established.

RESPONSIBLE PARTY: 
Yukon, NNDFN

PARTICIPANT/LIAISON: 
Mayo District Renewable Resources Council

OBLIGATIONS ADDRESSED: 
The estimated needs of the Nacho Nyak Dun referred to in (a) shall be established in the following manner:

the First Nation of Nacho Nyak Dun shall provide its assessment of the estimated needs of the Nacho Nyak Dun to the Minister and the Mayo District Renewable Resources Council,

if the Minister disagrees with the First Nation of Nacho Nyak Dun's assessment of its estimated needs, the Minister and the First Nation of Nacho Nyak Dun shall attempt to agree on the estimated needs and, failing agreement, either party may refer the matter to the dispute resolution process under 26.3.0,

in establishing the estimated needs, an arbitrator appointed to resolve the dispute shall consider:

the matters set out in 16.9.6,

the health and nutritional needs as well as the cultural and social well being of the Nacho Nyak Dun, and

the changing harvest patterns of the Nacho Nyak Dun;

REFERENCED CLAUSES: 
16.9.1.3 (b);
Cross reference 26.3.0
Responsibility Activities Timing
NNDFN Provide assessment of its estimated needs to Minister and the Mayo District Renewable Resources Council. At request of Yukon or Mayo District Renewable Resources Council if a Total Allowable Harvest is being considered

Minister, NNDFN

Attempt to agree on NNDFN estimated needs. If Minister disagrees with NNDFN assessment
Minister or NNDFN At discretion, refer matter to dispute resolution process under 26.3.0. If no agreement

PROJECT: Allocation of estimated needs of NNDFN to Tetlit Gwich'in

RESPONSIBLE PARTY: 
NNDFN

PARTICIPANT/LIAISON: 
Tetlit Gwich'in

OBLIGATIONS ADDRESSED: 
The First Nation of Nacho Nyak Dun may allocate to the Tetlit Gwich'in any part of the estimated needs of the Nacho Nyak Dun established pursuant to 16.9.1.3 (b) in that part of the Traditional Territory of the First Nation of Nacho Nyak Dun which is outside of the Primary Use Area and which is not subject to any overlap with the Traditional Territory of another Yukon First Nation.

REFERENCED CLAUSES: 
16.9.1.4
Responsibility Activities Timing
NNDFN Allocate to the Tetlit Gwich'in any part of estimated needs of NNDFN established pursuant to 16.9.1.3 (b). At discretion of NNDFN

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

RESPONSIBLE PARTY: 
Yukon, NNDFN

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

PROJECT: Agreement on Basic Needs Level and harvest allocation for moose and woodland caribou.

RESPONSIBLE PARTY: 
Yukon, Canada, NNDFN

PARTICIPANT/LIAISON: 
Tetlit Gwich'in

OBLIGATIONS ADDRESSED: 
Upon the request of the First Nation of Nacho Nyak Dun, the parties to this Agreement shall attempt to negotiate, for that part of the Traditional Territory of the First Nation of Nacho Nyak Dun which is outside of the Primary Use Area, a Basic Needs Level and harvest allocation, for moose and woodland caribou, no less favourable to the First Nation of Nacho Nyak Dun than the allocation in 16.9.1.3(a).

Failing an agreement, the harvest allocation for the Nacho Nyak Dun shall be the same as in 16.9.1.3(a).

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

The First Nation of Nacho Nyak Dun may allocate to the Tetlit Gwich'in any part of a Basic Needs Level established for a species pursuant to 16.9.5.1 in that part of the Traditional Territory of the First Nation of Nacho Nyak Dun which is outside of the Primary Use Area and which is not subject to any overlap with the Traditional Territory of another Yukon First Nation.

REFERENCED CLAUSES: 
16.9.5.1, 16.9.5.2, 16.9.5.4, 16.9.5.5;
Cross reference 16.9.1.3 (a), 16.9.5.3 Gwich'in Transboundary Agreement 12.4
Responsibility Activities Timing
NNDFN Assess needs. As required
NNDFN Make request to Government to negotiate Basic Needs Level outside of Primary Use Area. At discretion of NNDFN
NNDFN Provide information on estimated needs of NNDFN. Prior to negotiation of Basic Needs Level
Yukon, NNDFN, Canada Attempt to negotiate Basic Needs Level and harvest allocation for moose and woodland caribou.  
Yukon Provide a revised allocation. If agreement reached
Yukon Continue harvest allocation as in 16.9.1.3(a). If no agreement reached
NNDFN Allocate to the Tetlit Gwich'in any part of a Basic Needs Level established for a species pursuant to 16.9.5.1. At discretion of NNDFN

PROJECT: Review of 16.9.1.3 and 16.9.5.1

RESPONSIBLE PARTY: 
Yukon, Canada, NNDFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED: 
Unless the parties to this Agreement otherwise agree, they shall review the provisions of 16.9.1.3 and 16.9.5.1 no later than 10 years from the Effective Date of this Agreement to assess whether they continue to be consistent with the objectives of this chapter.

REFERENCED CLAUSES: 
16.9.5.3
Responsibility Activities Timing
Yukon, Canada, NNDFN Review provisions of 16.9.1.3 and 16.9.5.1. No later than 10 years after Effective Date, unless Parties otherwise agree

PROJECT: Negotiation of Basic Needs Level

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

PROJECT: Endeavouring to rehabilitate wildlife populations

RESPONSIBLE PARTY: 
Canada, Yukon, NNDFN, Fish and Wildlife Management Board and Mayo District 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, NNDFN, Fish and Wildlife Management Board, Mayo District 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, NNDFN, Fish and Wildlife Management Board, Mayo District 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 NNDFN

PARTICIPANT/LIAISON:

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

  • the historical uses and Harvesting patterns of Yukon Indian People and other aboriginal groups;
  • the Harvesting patterns of other residents of the Yukon;
  • changing patterns of consumption;
  • the statistics prepared by the Department of Fisheries and Oceans for the Indian food fishery within each drainage basin for the past five years;
  • the ability of Salmon stocks within a drainage basin to meet the demands of the Yukon First Nations whose Traditional Territories include that drainage basin; and
  • such other factors as the parties may agree.
REFERENCED CLAUSES: 
16.10.3;
Cross reference Chapter 16 Schedule A 3.9.2 and 4.1
Responsibility Activities Timing
NNDFN Request entry into BNA negotiations. As specified in Schedule A or as described in NNDFA
Canada (DFO) Review and respond to request. As soon as practicable upon receipt of request
Canada (DFO) and NNDFN Discuss specific arrangements and prepare for negotiations. As may be agreed
Canada (DFO) and NNDFN Negotiate BNA taking into account factors listed in 16.10.3. As may be agreed

PROJECT: Variation of basic needs allocation for Salmon

RESPONSIBLE PARTY: 
Yukon First Nations (as defined in Schedule A), Canada and Salmon Sub Committee

PARTICIPANT/LIAISON:

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

REFERENCED CLAUSES: 
16.10.5, 16.7.17.12 (f);
Cross reference Chapter 16 Schedule A
Responsibility Activities Timing
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, Government (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: Priority of Yukon First Nations basic needs allocation

RESPONSIBLE PARTY: 
Canada

PARTICIPANT/LIAISON: 
Salmon Sub Committee, Yukon First Nations

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

REFERENCED CLAUSES: 
16.10.8
Responsibility Activities Timing
Canada (DFO) Ensure the BNA for any drainage basin shall have priority over all other fisheries. After the effective date of Settlement Legislation
Canada (DFO) Seek agreement of affected Yukon First Nations to alter priority. As required
Affected Yukon First Nations Review proposal and notify Canada (DFO) of decision. Upon receipt of proposal
Canada Alter allocation. If all affected Yukon First Nations agree

Planning Assumption

  1. Canada (DFO) shall work with the SSC and Yukon First Nations to determine how the priority of the YFNs' total BNA for the drainage basin is to be given effect.

PROJECT: Distribution of Total Allowable Catch when TAC falls below Yukon First Nations' BNA for the Yukon River Drainage Basin

RESPONSIBLE PARTY: 
Canada

PARTICIPANT/LIAISON: 
Salmon Sub Committee and Affected Yukon First Nations

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

Where:

  • a Total Allowable Catch is less than the total basic needs allocation in a season for the affected Yukon First Nations, and it is subsequently determined that the spawning escapement targets for Conservation were greater than was actually required for Conservation in that season: or
  • subject to an agreement entered into pursuant to 16.10.8, Government allocates Salmon to other fisheries which results in there being insufficient Salmon available to a Yukon First Nation to harvest its basic needs allocation for a drainage basin,

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

REFERENCED CLAUSES: 
16.10.9, 16.10.13;
Cross reference 16.10.8
Responsibility Activities Timing
Canada (DFO) Distribute the available TAC among the affected YFNs on a pro rata basis proportional to their share of the total BNA. As required once the drainage basin BNA is established
Canada (DFO) Make necessary increases to the each affected YFN'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 YFNs' annual BNAs. The intention would be to provide for that adjustment within the TAC established for the following year if it is reasonable to do so.
  2. Where the in-season TAC is less than what is required to satisfy the BNA of a YFN pursuant to 16.10.9 in any one year for any other reason than those described in 16.10.13, no adjustment of that YFN's BNA will be made.
  3. Government will make best efforts to refer these issues to the SSC for their consideration and input prior to making a determination pursuant to this clause.
  4. A temporary reduction or cancellation of commercial or other fisheries may be required in order to allow Government to allocate the necessary additional fish to the Yukon First Nation's BNA fishery.
  5. Precise determinations of spawning escapement cannot be made with existing DFO management practices; therefore, determinations pursuant to 16.10.13.1 may be difficult to assess. In recognition of this difficulty, and consistent with clause 16.10.8 every effort will be made in the setting and allocation of the annual Total Allowable Catch to meet the requirements of the Yukon First Nations basic needs allocations for the drainage basin before allocating Salmon to other users.

PROJECT: Reallocation of a basic needs allocation from a downstream YFN to an upstream YFN

RESPONSIBLE PARTY: 
Salmon Sub Committee

PARTICIPANT/LIAISON: 
Affected Yukon First Nations, Canada

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

REFERENCED CLAUSES: 
16.10.14;
Cross reference 16.8.9; 16.7.17.11
Responsibility Activities Timing
SSC In cooperation with YFNs, identify situation in which harvesting in excess of BNA by a downstream Yukon First Nation may have resulted in the failure of an upstream Yukon First Nation to meet its BNA. As required after BNAs are established for the drainage basin in question
SSC In cooperation with affected YFNs, review available information. As soon as practicable
SSC Reallocate a portion of the downstream YFN's allocation to the upstream YFN if appropriate. As required
SSC Notify affected YFNs and implement decision, subject to 16.8.9. As required

Planning Assumptions

  1. Canada (DFO) will provide the technical information and support available to it in order to assist the SSC in making a determination pursuant to this clause.
  2. Management information currently available to the Department of Fisheries and Oceans may not, in all cases, be adequate to determine conclusively that the overharvesting by a downstream Yukon First Nation resulted in the unavailability of sufficient Salmon for an upstream Yukon First Nation to meet its basic needs allocation.

PROJECT: Additional commercial Salmon fishing licences

RESPONSIBLE PARTY: 
Canada

PARTICIPANT/LIAISON: 
Affected Yukon First Nations

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

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

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

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

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

REFERENCED CLAUSES: 
16.10.15, 16.10.16, 16.10.17;
Cross reference 16.10.20
Responsibility Activities Timing
Canada (DFO) In accordance with 16.10.16, determine the number of new commercial licences to be issued to affected YFNs and inform affected YFNs. As soon as practicable after the date of UFA ratification
Affected YFNs Determine how licences will be allocated and notify Government. As soon as practicable after the ratification of the UFA
Canada (DFO) Issue licences without fee according to allocation determined by the YFNs. Upon receipt of notification
Affected YFNs Inform Government of any transfers agreed-upon amongst YFNs. Upon transfer

Planning Assumptions

  1. The new additional Yukon commercial Salmon fishing licences are only transferable between and amongst YFNs with rights on the Yukon River Drainage Basin.
  2. Pursuant to 16.7.17.12 (e), the SSC may make recommendations to Government on related new opportunities and proposed management measures for the commercial uses of Salmon.
  3. DFO will provide full information to the affected Yukon First Nations with respect to the manner in which the 26% determination was made. The number is expected to include those licences which have been surrendered and are being held by DFO to enable Government to fulfil this obligation.

PROJECT: Allocation of traplines

RESPONSIBLE PARTY: 
Yukon, Mayo District Renewable Resources Council

PARTICIPANT/LIAISON: 
NNDFN

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
Mayo District Renewable Resources Council Establish additional criteria for process to reach goal of 16.11.3. As soon as practicable after Effective Date
  Inform Yukon and NNDFN 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 NNDFA. As soon as practicable after Effective Date

Planning Assumption

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

PROJECT: Process by which additional traplines may be designated as Category 1 Traplines

RESPONSIBLE PARTY: 
NNDFN

PARTICIPANT/LIAISON: 
Registered holder, Mayo District Renewable Resources Council, Yukon

OBLIGATIONS ADDRESSED: 
The following is the process required by 16.11.9:

the First Nation of Nacho Nyak Dun shall provide Government and the Renewable Resources Council with proof of the consent required by 16.11.8 and notify that it has designated the trapline to be a Category 1 Trapline.

REFERENCED CLAUSES: 
16.11.9.1
Cross reference 16.11.9
Responsibility Activities Timing
NNDFN Request written consent of registered holder of trapline to designate trapline as Category 1. As required
Registered holder of trapline Grant or deny consent. At discretion
NNDFN Provide proof of consent to Yukon and Mayo District Renewable Resources Council and notice if trapline has been designated as Category 1. As required or as traplines designated

PROJECT: Maintenance of register of Category 1 and 2 Traplines

RESPONSIBLE PARTY: 
Yukon, Mayo District Renewable Resources Council, NNDFN

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 Nacho Nyak Dun Final Agreement (Sch. B. Ch. 2, 6.0)
Responsibility Activities Timing
NNDFN Notify Yukon and Mayo District 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 Mayo District Renewable Resources Council of register and provide copies. After establishment of register
NNDFN Notify Mayo District 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: 
NNDFN, Mayo District 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 NNDFN and Mayo District Renewable Resources Council for review and comments.  
NNDFN, Mayo District 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 Council

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 Councils

OBLIGATIONS ADDRESSED: 
The Minister shall Consult with the affected Renewable Resources Councils:

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

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

REFERENCED CLAUSES: 
17.2.2;
Cross reference 17.4.3
Responsibility Activities Timing
Government Notify Renewable Resources Councils 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
RRCs 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: 
NNDFN 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:
NNDFN 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
NNDFN 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:
NNDFN 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, NNDFN, Mayo District Renewable Resources Council

PARTICIPANT/LIAISON:

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

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

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

  • the coordination of Forest Resources Management throughout the Yukon and in the relevant Traditional Territory;
  • the need for, and the content and timing of, Forest Resources inventories and management plans;

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

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

REFERENCED CLAUSES: 
17.5.1, 17.5.2, 17.4.1, 17.4.1.1, 17.4.1.2, 17.5.7, 17.5.8;
Cross reference 17.4.3, 17.4.4, 17.5.3, 17.6.1, 17.6.2
Responsibility Activities Timing
NNDFN 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
Mayo District Renewable Resources Council Make recommendation to the Minister and to NNDFN regarding need for and timing of Forest Resources inventories and plans. At its discretion
Government Undertake management inventory. If necessary
Government, NNDFN 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, NNDFN Approve and implement plans consistent with Chapter 17.  

Planning Assumptions

  1. To the extent practicable, RRCs, YFNs 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 First Nation and Government policies in place from time to time.

PROJECT: Establishment of order for Forest Resources Management plans

RESPONSIBLE PARTY: 
Government, Yukon First Nations and Renewable Resources Councils

PARTICIPANT/LIAISON:

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

REFERENCED CLAUSES: 
17.5.3
Cross reference 17.5.7
Responsibility Activities Timing
Minister Notify YFNs of intention to establish order for the development of Forest Resources Management plans. Within one year of the effective date of Settlement Legislation
Minister Provide YFNs with any pertinent information. Prior to establishing order
YFNs Prepare and present views. Within reasonable time established by Minister
Minister Provide full and fair consideration to views presented. Prior to establishing order
Minister Establish order for development of plans, including inventories where identified. After Consultation
Government, YFNs To revise order, repeat listed activities. Prior to amending order

Planning Assumptions

  1. All fourteen Yukon First Nations and Government will be invited to a one-time joint meeting, arranged by Government within one year of the effective date of Settlement Legislation in order to consult regarding the establishment of the order for Forest Resources Management plans. This meeting will facilitate the coordinated development of a territory-wide approach to forest management planning and will allow Yukon First Nations without Final Agreements to have input into the setting of priorities.
  2. Relevant information and proposals will be forwarded to the Yukon First Nations within a reasonable time in advance of the meeting.

PROJECT: Timing for the development of Forest Resources Management plans and inventories

RESPONSIBLE PARTY: 
Canada, NNDFN, and Mayo District Renewable Resources Council

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED: 
The Minister, in Consultation with the First Nation of Nacho Nyak Dun and the Mayo District Renewable Resources Council, shall determine the timing for the development of Forest Resources Management plans within the Traditional Territory of the First Nation of Nacho Nyak Dun.

If the Minister considers it necessary to prepare a management inventory of Trees on Crown Land in the Traditional Territory of the First Nation of Nacho Nyak Dun, the Minister shall first prepare an inventory for:

(a) the Stewart River north slope between Stewart and Elsa, and

(b) the McQuesten River,

as described in map Forestry Management Unit (FMU) in Appendix B - Maps, which forms a separate volume to this Agreement.

The Minister shall determine the timing for the preparation of any inventory of Trees in the Traditional Territory of the First Nation of Nacho Nyak Dun in Consultation with the First Nation of Nacho Nyak Dun.

REFERENCED CLAUSES: 
17.5.4.1 - 17.5.4.3;
Cross reference 17.4.2.1; 17.5.3
Responsibility Activities Timing
Canada Notify NNDFN and the Mayo District RRC of proposal to set timing for the development of a plan and provide details. At discretion of Government
NNDFN and Mayo District RRC Review notice and prepare and present views to Government. Within a reasonable time after receipt of notice
Government Provide full and fair consideration to the views presented. Prior to establishing timing
Government Inform the NNDFN and the Mayo Distict RRC of the timing set for the development of the plan. As soon as practicable after Consultation
Government Assess requirement for a management inventory of Trees on Crown land in the Traditional Territory. As practicable
Government If inventories deemed to be required, give first priority to the two sites noted on Map (FMU) - Appendix B. As required
Government Notify NNDFN of proposal to set timing for and to prepare inventory of Trees in the NNDFN Traditional Territory and provide details. As practicable once decision made that inventory is required
NNDFN Review proposal and prepare and present views. Upon receipt of notice
Government Provide full and fair consideration to the views presented. Prior to undertaking inventory
Government Notify NNDFN of timing and plans for the preparation of the inventory. After Consultation

Planning Assumption

  1. The timing for the development of the Forest Resources Management plan will be set prior to assessing the need for the preparation of any inventory of Trees.

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

RESPONSIBLE PARTY: 
NNDFN

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

RESPONSIBLE PARTY: 
Government

PARTICIPANT/LIAISON: 
NNDFN

OBLIGATION 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 17.7.4 and 17.7.5
Responsibility Activities Timing
Government Notify affected NNDFN that use of herbicides or pesticides on Crown Lands within Traditional Territory is being considered. Prior to application of herbicides or pesticides
Government Provide details about nature of pest/disease and any other relevant information. Prior to application of herbicides or pesticides
NNDFN 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: 
NNDFN

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

REFERENCED CLAUSES: 
17.8.2;
Cross reference 17.4.4
Responsibility Activities Timing
Government Notify NNDFN 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
NNDFN 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 that NNDFN's Settlement Land and for adjacent Non- Settlement Land. After Consultation
Government Notify NNDFN of new priorities established. Once priorities are established

Planning Assumptions

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

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

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

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

REFERENCED CLAUSES: 
17.8.3;
Cross reference 17.8.1 and 17.8.4
Responsibility Activities Timing
Government Notify NNDFN prior to taking action to fight fires on a NNDFN's Settlement Land. Where practicable
Government Fight fires on a NNDFN's 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, NNDFN 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: 
NNDFN

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

PARTICIPANT/LIAISON: 
Surface Rights Board, agreement holders

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

REFERENCED CLAUSES: 
17.10.4;
Cross reference 17.10.5 and 17.13.1
Responsibility Activities Timing
NNDFN Review application for access from the holder of a timber harvesting agreement. Upon receipt of application
NNDFN Determine whether access will be granted. Upon request
NNDFN Notify applicant of decision in writing. Within a reasonable time
NNDFN Prepare for and respond to an application to the Surface Rights Board. If a referral is made

PROJECT: Notice of public tender for Forest Resource Management or protection

RESPONSIBLE PARTY: 
Canada, Yukon

PARTICIPANT/LIAISON: 
NNDFN

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

PROJECT: Economic opportunities -- Silviculture

RESPONSIBLE PARTY:
Government and NNDFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED: 
Government shall provide written notice to the First Nation of Nacho Nyak Dun of any invitation for public tenders in respect of contracts associated with silviculture within the Traditional Territory of the First Nation of Nacho Nyak Dun.

The First Nation of Nacho Nyak Dun shall have the first opportunity to accept any fixed term contract offered by Government associated with silviculture within the Traditional Territory of the First Nation of Nacho Nyak Dun.

REFERENCED CLAUSES: 
17.14.2.2, 17.14.2.3;
Cross reference 17.14.1, 17.14.2.1, 17.14.2.4, 17.14.2.5, Chapter 22
Responsibility Activities Timing
Government Offer first opportunity for fixed term contract to the NNDFN. As required
NNDFN Accept or reject contract offer and notify Government. As required
Government Notify the NNDFN in writing of an invitation for public tender of contracts associated with silviculture in the NNDFN Traditional Territory. As required
NNDFN Review invitation and determine if proposal is to be submitted. Within period of time specified by Government
NNDFN Notify Government of determination and submit proposal if appropriate. Within specified time period

PROJECT: Evaluation criteria -- Silviculture contracts

RESPONSIBLE PARTY: 
Government

PARTICIPANT/LIAISON: 
NNDFN

OBLIGATIONS ADDRESSED: 
Government shall include a criterion for Nacho Nyak Dun employment in any contract opportunities associated with silviculture within the Traditional Territory of the First Nation of Nacho Nyak Dun.

REFERENCED CLAUSES: 
17.14.2.6;
Cross reference 17.14.2.7, Chapter 22
Responsibility Activities Timing
Government In cooperation with NNDFN, modify Government contract tendering documents as required to include a criterion for Nacho Nyak Dun employment in any contract opportunities associated with silviculture in the NNDFN Traditional Territory and inform the NNDFN of how the criterion has been included. Prior to tendering contracts in the NNDFN Traditional Territory

PROJECT: Hiring of Nacho Nyak Dun to fight forest fires

RESPONSIBLE PARTY: 
Government

PARTICIPANT/LIAISON: 
NNDFN

OBLIGATIONS ADDRESSED: 
Where Government requires Extra Fire Fighters to fight fires within the Traditional Territory of the First Nation of Nacho Nyak Dun it shall, where practicable, hire Nacho Nyak Dun.

REFERENCED CLAUSES: 
17.14.2.8
Cross reference 17.14.2.9
Responsibility Activities Timing
Government Notify the NNDFN of requirement for Extra Fire Fighters to fight fires in the NNDFN Traditional Territory. As appropriate
NNDFN Provide Government with a list of potentially available Nacho Nyak Dun fire fighters. Seasonally, or upon request by Government
Government Hire Nacho Nyak Dun as Extra Fire Fighters. As practicable

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

RESPONSIBLE PARTY: 
NND First Nation

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
NNDFN 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
NNDFN

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: 
NNDFN

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 NNDFN. Annually, as applicable

PROJECT: Further identification of Quarries on Settlement Land

RESPONSIBLE PARTY: 
Canada, Yukon

PARTICIPANT/LIAISON: 
NNDFN

OBLIGATIONS ADDRESSED: 
The time period for further identification under 18.2.5.1 is one year from the Effective Date of this Agreement.

The areas of Settlement Land of the First Nation of Nacho Nyak Dun which are subject to further identification of Quarries pursuant to 18.2.5.2 are the following:

i) R-12;

ii) R-27; and

iii) R-23.

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 provide the First Nation of Nacho Nyak Dun with a written notice setting out the Quarry on Settlement Land that Government proposes to identify, and the public purposes for which it is required.

Within 60 days of receipt of the notice described in (a), the First Nation of Nacho Nyak Dun shall provide Government with its views on the matters in writing and may request a meeting to present its views to Government.

Government shall, if requested, meet with the First Nation of Nacho Nyak Dun to discuss the proposed identification of the Quarry.

Government shall consider fully and fairly the views presented by the First Nation of Nacho Nyak Dun, and shall provide its response, in writing, to those views to the First Nation of Nacho Nyak Dun.

REFERENCED CLAUSES: 
18.2.5.1a, 18.2.5.2a, 18.2.5.3a-d;
Cross reference 18.2.3, 26.3.1.3
Responsibility Activities Timing
Canada, Yukon Identify further Quarries on Settlement Land R-12, R-27 and R-23 as identified in Appendix A - Settlement Land Descriptions and Appendix B - Maps, taking into consideration 18.2.3. No later than 1 year from the Effective Date
Canada, Yukon Notify NNDFN, in writing, of the further identification of Quarries including the public purposes for which it is required. Provide details. No later than 1 year from the Effective Date
NNDFN Prepare and present views in writing. If desired, request meeting to present views. Within 60 days of receipt of notification by Government
Canada, Yukon Meet with NNDFN to discuss proposed identification of Quarries. If so requested by NNDFN
Canada, Yukon Provide full and fair consideration of NNDFN views. Provide written response to views of NNDFN. Within a reasonable time period
Canada, Yukon Make final decision re: identification of Quarries taking into account views of NNDFN.  
Canada, Yukon Notify NNDFN of identified Quarries. Upon making decision

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

RESPONSIBLE PARTY: 
Government

PARTICIPANT/LIAISON: 
NNDFN, Surface Rights Board

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

  • Government shall have the exclusive use of Quarries and the right to take any Construction Materials required from such Quarries without the agreement of or compensation for such use or taking to the affected Yukon First Nation;
  • Government shall use a Quarry in accordance with commonly accepted land use standards and shall endeavour to minimize interference with other uses of the Settlement Land;
  • on ending its use of a Quarry, Government shall, if required by the affected Yukon First Nation, restore the Quarry in accordance with commonly accepted land use standards including, as appropriate, cleanup, drainage, erosion control, re-contouring, overburden replacement, and replanting of vegetation so that the Quarry will blend in with the local landscape and vegetation; and
  • where a dispute arises over the use or restoration of a Quarry by Government, either the Government or the affected Yukon First Nation may refer the dispute to the Surface Rights Board.
REFERENCED CLAUSES: 
18.2.6;
Cross reference 18.2.2, 18.2.5, Appendix A -- Description of Settlement Land 3.2.6
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 NNDFN of intention to abandon use of Quarry. Prior to ending use
NNDFN Review notice and determine if site restoration is appropriate. Upon receipt of notice
NNDFN Notify Government of decision regarding need for site restoration. As soon as practicable
Government Restore Quarry in accordance with standards. If required by a NNDFN
Government and NNDFN Prepare for and respond to application to the Surface Rights Board. If dispute arises and a referral is made by either Government or the NNDFN

PROJECT: Government use of other Quarries on Settlement Land

RESPONSIBLE PARTY: 
Government, NNDFN

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 NNDFN 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 NNDFN Attempt to reach agreement on need to use Quarry and on appropriate terms and conditions for Government use. Within 30 days of notification by Government
Government Establish and work Quarry according to terms and conditions agreed upon. If agreement is reached with NNDFN within 30 days

 

OR

 

Government Abandon proposal to use Quarry on Settlement Land. If no agreement reached with NNDFN within 30 days

 

OR

 

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

PROJECT: Other Government use of Quarries

RESPONSIBLE PARTY: 
Government

PARTICIPANT/LIAISON: 
NNDFN

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

REFERENCED CLAUSES: 
18.2.10;
Responsibility Activities Timing
Government

Notify NNDFN 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 NNDFN.
As required
NNDFN Consider request and notify Government of decision, including proposed terms and conditions if applicable. Upon request from Government
Government Use Quarry as agreed. With consent of NNDFN

 

or

 

Government Abandon proposal for use. If consent not obtained from NNDFN

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

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

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

Any residence of a Yukon Indian Person which is occupied as a personal residence on Fee Simple Settlement Land, and which otherwise meets the criteria, shall be deemed to be owner-occupied for the purposes of any homeowner's grant programs available from time to time, notwithstanding that title to the lands on which the residence is situated, is held by a Yukon First Nation or Yukon First Nation Corporation.

REFERENCED CLAUSES: 
20.7.1, 21.2.2;
Cross reference 21.2.1, 21.2.3, 21.2.5, 21.5.1
Responsibility Activities Timing
Yukon Provide NNDFN 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.
NNDFN 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 NNDFN and Canada with estimate of property tax bill for NNDFN, 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 NNDFN, Canada and taxation authority with a list of the NNDFN 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 NNDFN 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 NNDFN 100% of tax bill, net of any homeowner's grant.

In subsequent nine years, pay NNDFN the stipulated portion of the tax bill, based on the amount owing net of any homeowner's grant.

Annually, in sufficient time to enable NNDFN to pay taxes by due date of July 2

Legislative/regulatory amendments:

Homeowners Grant Act, R.S.Y. 1986

Assessment and Taxation Act, R.S.Y. 1986, c.10

Planning Assumptions

  1. The May 15th and July 2nd dates referenced in the timing for activities above are the deadlines established in the current Assessment and Taxation Act for issuance of tax notices and payment of taxes respectively. These dates may be subject to change from time to time.
  2. Yukon shall develop an application form to be used by Yukon First Nations in respect of any homeowner's grant programs.
  3. Yukon will provide a list of all fee simple properties on NNDFN Settlement Land when the application form for the homeowner's grant is sent to the NNDFN. As part of the process of applying for the homeowner's grant, the NNDFN 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: 
NNDFN

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

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

RESPONSIBLE PARTY: 
Yukon, Municipality

PARTICIPANT/LIAISON: 
NNDFN

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

RESPONSIBLE PARTY: 
Yukon, Village of Mayo

PARTICIPANT/LIAISON: 
NNDFN

OBLIGATIONS ADDRESSED: 
Unless otherwise agreed between the First Nation of Nacho Nyak Dun and the Village of Mayo, the First Nation of Nacho Nyak Dun and any corporation owned or controlled by the First Nation of Nacho Nyak Dun shall pay the same rates for user-pay Local Government Services as are paid by property owners of the Village of Mayo.

REFERENCED CLAUSES: 
21.4.1.1
Responsibility Activities Timing
NNDFN, Yukon or Village of Mayo Attempt to reach agreement on the rates to be paid for Local Government Services by NNDFN or any corporation owned or controlled by NNDFN. At the request of either party
Yukon or Village of Mayo If no agreement, ensure rates for user-pay Local Government Services which are billed to the NNDFN or any corporation owned or controlled by NNDFN are the same as would be paid by property owners in the Village of Mayo. From the Effective Date

Planning Assumption

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

    Some examples of Local Government Services which Yukon administers and provides include:

    Fire Protection
    Public Safety
    Water Services
    Sewage Services
    Solid Waste Disposal
    Road Maintenance
    Animal Control
    Property Assessment
    Mosquito Control
    Street Lighting
    Recreation Services
    Emergency Response Agreements

PROJECT: Collection of outstanding Property Taxes on NNDFN Settlement Land

RESPONSIBLE PARTY: 
Village of Mayo

PARTICIPANT/LIAISON: 
NNDFN

OBLIGATIONS ADDRESSED: 
The First Nation of Nacho Nyak Dun shall pay the Property Taxes on the Parcel designated as C-23 outstanding as at the Effective Date of the Agreement

REFERENCED CLAUSES: 
21.6.1.2
Responsibility Activities Timing
NNDFN Pay outstanding Property Taxes on NNDFN Settlement Lands designated as C-23 in the NNDFA. Within 30 days of the Effective Date

PROJECT: Economic development opportunities plan

RESPONSIBLE PARTY: 
Canada, Yukon, NNDFN

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

Specific Provision

  • identify opportunities for the First Nation of Nacho Nyak Dun in Harvesting activities and opportunities for the First Nation of Nacho Nyak Dun to make investments in the areas described in 22.3.3.4.
REFERENCED CLAUSES: 
22.3.1, 22.3.1.1, 22.3.2.4
Responsibility Activities Timing
NNDFN Notify Canada and the Yukon of intention to establish tripartite planning group to prepare plan. After ratification
Parties Establish planning group, set timelines, develop workplan and identify resources required to complete the plan. 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 NNDFN. When plan is complete

Planning Assumptions

  1. Plans will take into account existing economic development priorities of the First Nation of Nacho Nyak Dun.
  2. Funding for economic development planning is available from time to time through such programs as the Canadian Aboriginal Economic Development Strategy (CAEDS), the Economic Development Agreement (EDA) and the Arctic Environmental Strategy (AES).

PROJECT: Develop a plan to assist in facilitating training and professional development of Yukon Indian People, to increase employment opportunities in technical, managerial and professional positions within the public service

RESPONSIBLE PARTY: 
Yukon, Canada

PARTICIPANT/LIAISON:
YFNs, Training Policy Committee

OBLIGATIONS ADDRESSED: 
Where public service employment opportunities exist, Government shall assist in facilitating training and professional development of Yukon Indian People so that they will have access to such employment opportunities, with particular emphasis on increasing over a reasonable period of time the number of Yukon Indian People in technical, managerial and professional positions within the public service

REFERENCED CLAUSES: 
22.4.1, Chapter 22 Schedule A Part I;
Cross reference 22.2.2, 22.9.1, 28.3.3.5
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
NNDFN Identify NNDFN 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 NNDFA 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
NNDFN, Yukon Assess employment opportunities within the trades sector, in each NNDFN community. 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 NNDFA 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: 
NNDFN

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
NNDFN Advise Yukon that NNDFN 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
NNDFN 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 NNDFN if NNDFN has indicated a wish to be advised of public tenders. At the time Yukon publicly invites tenders
Yukon Where bidders' lists or similar methods are used, notify NNDFN 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 a NNDFN through the Yukon Contract Administration office.
  2.  NNDFN 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: 
NNDFN

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

Planning Assumption

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

PROJECT: Inclusion of NNDFN on federal contract lists

RESPONSIBLE PARTY: 
Canada

PARTICIPANT/LIAISON: 
NNDFN

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
NNDFN Advise Canada if NNDFN 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 NNDFN request

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

Planning Assumptions

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

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

Planning Assumption

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

PROJECT: Structuring contracts to a manageable size

RESPONSIBLE PARTY: 
Yukon

PARTICIPANT/LIAISON: 
NNDFN

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 NNDFN

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 NNDFN
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: NNDFN participation with Yukon Development Corporation

RESPONSIBLE PARTY: 
Yukon Development Corporation, NNDFN

PARTICIPANT/LIAISON: 
NNDFN 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, 5.0
Responsibility Activities Timing
NNDFN corporations or Yukon Development Corporation At discretion, meet to discuss participation with NNDFN corporations or Yukon Development Corporation in economic opportunities [such as joint ventures, partnerships and equity participation in subsidiary corporations]. After Effective Date
NNDFN corporations or Yukon Development Corporation At discretion, propose participation in specific economic opportunities. When the opportunity arises
NNDFN corporations or Yukon Development Corporation Review/study proposal at discretion. Respond to initiating Party - accept or decline proposal. Within a reasonable time period
NNDFN corporations or Yukon Development Corporation Proceed with joint participation in economic opportunity. If proposal accepted by both Parties

PROJECT: NNDFN participation in acquisition or disposal of business venture

RESPONSIBLE PARTY: 
Yukon Development Corporation

PARTICIPANT/LIAISON: 
NNDFN

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

PROJECT: Implementing procedures for joint capital planning

RESPONSIBLE PARTY: 
Yukon First Nation, Yukon
Yukon First Nation, Canada

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED: 
Government and Yukon 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: 
NNDFN

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 NNDFN of annual review of Yukon Economic Strategy. Request names of delegates. Annually
NNDFN 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: 
Yukon, Canada

PARTICIPANT/LIAISON: 
NNDFN

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 make-up of the population of the Yukon; and

a representative public service located within the Traditional Territory of the First Nation of Nacho Nyak Dun that reflects the aboriginal/non-aboriginal make-up of the population of the Yukon.

Government shall Consult with the First Nation of Nacho Nyak Dun 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 may provide for:

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 First Nation of Nacho Nyak Dun 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, 22.42
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 NNDFN Traditional Territory.

Notify NNDFN of intention to develop plan, provide details of proposal and arrange for meeting of Parties.

After effective date
NNDFN, Canada, Yukon Discuss proposal for plan and develop outline of plan. At scheduled meeting
Canada, Yukon Develop the plan incorporating views of NNDFN wherever practicable. After meeting with NNDFN
Canada, Yukon Send proposed plan to NNDFN and ask for response. After completion of plan
NNDFN Prepare and present its views. Within a reasonable period of time
Canada, Yukon Complete the plan, making changes, wherever practicable, based on NNDFN response. Within two years of Effective Date

Planning Assumptions

  1. In developing the plan, the Parties shall consider Chapter 22, Schedule A, Part I, 1.7.1 and 1.7.2.
  2. It is understood that NNDFN primary interests will be in the Traditional Territory and therefore the initial steps in the plan should focus on the NNDFN 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: 
NNDFN

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

REFERENCED CLAUSES: 
Chapter 22 Schedule A Part I, 1.4
Responsibility Activities Timing
Canada, Yukon Notify NNDFN of desire to consolidate the plan with other plans. Provide details and request comments. If Government proposes to consolidate
NNDFN Prepare and present views, including comments on potential adverse effects. Within a reasonable time period
Canada, Yukon

Provide full and fair consideration to views presented by NNDFN.

At discretion and if there is agreement that there are no adverse effects to NNDFN, consolidate the plans.

 

Planning Assumption

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

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 First Nation of Nacho Nyak Dun 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 NNDFN 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 NNDFN

Planning Assumptions

  1. It is anticipated that when reviewing job descriptions Government will consider relevant information gathered during the development of the plan under Chapter 22, Schedule A, Part I, 1.1.

PROJECT: Negotiation of a Project agreement

RESPONSIBLE PARTY: 
Yukon, NNDFN, Project developer

PARTICIPANT/LIAISON: 
Canada

OBLIGATIONS ADDRESSED: 
Where the Yukon has the jurisdiction to issue a Decision Document for a Project in the Traditional Territory of the First Nation of Nacho Nyak Dun which is reviewed by a panel of Yukon Development Assessment Board, the Yukon Minister may require in the Decision Document that the developer, the First Nation of Nacho Nyak Dun and the Yukon negotiate a Project agreement.

Project agreements referred to in 2.2 may include:

employment opportunities for Nacho Nyak Dun;

business opportunities for the First Nation of Nacho Nyak Dun or for Nacho Nyak Dun, including contracts and the provision of goods and services;

investment opportunities for the First Nation of Nacho Nyak Dun including equity purchase; and

other measures to mitigate negative socio-economic effects of the Project on the First Nation Nacho Nyak Dun or Nacho Nyak Dun.

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

Planning Assumptions

  1. The Yukon, Canada and CYI shall make best efforts to consider the inclusion of this provision in interim measures developed under Development Assessment Process.
  2. In developing government information or forms to be provided to prospective developers, Government will consider including information that encourages developers to discuss their projects with NNDFN during the initial planning stages and prior to any reviews by a panel of the Yukon Development Assessment Board.

PROJECT: Preparation of a regional economic development plan

RESPONSIBLE PARTY: 
Canada, Yukon, NNDFN

PARTICIPANT/LIAISON: 
Village of Mayo, commercial and industrial interests, other residents

OBLIGATIONS ADDRESSED:
No later than one year after the Effective Date of this Agreement, Government and the First Nation of Nacho Nyak Dun shall jointly undertake the preparation of a regional economic development plan for the Traditional Territory of the First Nation of Nacho Nyak Dun.

Government and the First Nation of Nacho Nyak Dun shall provide the opportunity to involve the Village of Mayo, existing commercial and industrial interests within the Traditional Territory of the First Nation of Nacho Nyak Dun, and other residents of the Traditional Territory of the First Nation of Nacho Nyak Dun in the preparation of the regional economic development plan.

The regional economic development plan shall:

examine the state of the economy in the Traditional Territory of the First Nation of the Nacho Nyak Dun;

assess the potential for development in the areas of communication, culture, transportation, agriculture, renewable and non-renewable resources and tourism in the Traditional Territory of the First Nation of Nacho Nyak Dun;

recommend appropriate types of economic development activities which are consistent with the principles of Sustainable Development;

recommend priorities for economic development in the Traditional Territory of the First Nation of Nacho Nyak Dun;

recommend measures to integrate the First Nation of Nacho Nyak Dun economic development opportunities plan required pursuant to 22.3.1 with the regional economic development plan for the Traditional Territory of the First Nation of Nacho Nyak Dun;

recommend measures to integrate the regional economic development plan with the overall Yukon economy strategy;

recommend actions which Government and the First Nation of Nacho Nyak Dun should take to implement the regional economic development plan;

recommend whether limits or other restrictions are required for commercial activities within the scope of Part II of this schedule, and if limits or other restrictions are required, recommend what those limits or restrictions should be;

provide for periodic review and evaluation of the regional economic development plan; and

recommend a process of amendment for the regional economic development plan.

Nothing in 3.1, 3.2, and 3.3 shall be construed to impose on Government or the First Nation of Nacho Nyak Dun an obligation to implement the recommendations of the regional economic development plan.

Nothing in the regional economic development plan shall be construed to:

prevent the First Nation of Nacho Nyak Dun from accessing or making use of economic development programs of general application available to a Yukon resident or a Canadian citizen; or

restrict access by Nacho Nyak Dun to any other employment or training position available outside the Traditional Territory of the First Nation of Nacho Nyak Dun.

REFERENCED CLAUSES: 
Chapter 22 Schedule A Part I 3.1, 3.2, 3.3, 3.4, 3.5;
Cross references 22.3.1, Chapter 22 Schedule A Part I 4.1 and 4.2
Responsibility Activities Timing
Canada, Yukon, NNDFN

Undertake preparation of a regional economic development plan for the Traditional Territory of NNDFN:

  • review the plan developed pursuant to 22.3.1 to determine how it may be integrated with the regional economic development plan;
  • identify priority sectors of the economy to be the subject of the plan, including ongoing re-prioritizing for sectors yet to be planned;
  • develop planning methodology and a process for involving Village of Mayo, existing commercial and industrial interests, and other residents of the NNDFN Traditional Territory in the development of the plan; and
  • prepare the plan, including recommended actions for implementation, and provisions for review and amendment pursuant to 3.9 and 3.10.
No later than one year after Effective Date and following completion of plan under 22.3.1

PROJECT: Negotiation of economic development agreements

RESPONSIBLE PARTY: 
Canada, Yukon, NNDFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED: 
Government may enter into economic development agreements with the First Nation of Nacho Nyak Dun which provide:

technical and financial assistance for economic development purposes to residents of the Traditional Territory of the First Nation of Nacho Nyak Dun and to organizations, businesses and corporations owned by those residents, Nacho Nyak Dun or the First Nation of Nacho Nyak Dun;

for the participation of the First Nation of Nacho Nyak Dun in the planning, management, administration and decision making of those programs and services; and

for measures to implement recommendations of the regional economic development plan.

Government and the First Nation of Nacho Nyak Dun shall take into consideration the regional economic development plan developed pursuant to 3.0, if completed, when negotiating an economic development agreement referred in 4.1.

Economic development agreements referred to in 4.1 :

shall describe the purposes for which technical and financial assistance may be used;

may provide for a financial contribution by the First Nation of Nacho Nyak Dun, consistent with the ability of the First Nation of Nacho Nyak Dun to contribute; and

may provide for a financial contribution by Government for the purpose of the agreement.

The First Nation of Nacho Nyak Dun shall 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 4.1.

REFERENCED CLAUSES: 
Chapter 22 Schedule A Part I 4.1, 4.2, 4.3, 4.4;
Cross reference 22.6.6, Chapter 22 Schedule A Part I 3.0.
Responsibility Activities Timing
Canada, Yukon, NNDFN At discretion of any Party, initiate request to negotiate economic development agreement(s) with NNDFN. After Effective Date
Canada, Yukon, NNDFN Assess need to negotiate economic development agreement(s).  
Parties Respond to request to enter negotiations. Within a reasonable period of time
Canada, Yukon, NNDFN Negotiate economic development agreement(s). If Parties agree
Canada, Yukon, NNDFN Consider the regional economic development plan, if completed, and any other relevant information. When negotiating an economic development agreement(s)
NNDFN Nominate no less than one third of the members of any joint planning, management, advisory or decision making body. If established pursuant to an economic development agreement(s)

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

RESPONSIBLE PARTY: 
NNDFN, Proponent

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED: 
The First Nation of Nacho Nyak Dun shall have the option to acquire up to 25 percent of the interest of a Proponent in a Project.

Subject to 5.5 and 5.6, and after notice has been given under 5.7.2, the Proponent and the First Nation of Nacho Nyak Dun, at the request of the First Nation of Nacho Nyak Dun, shall negotiate the terms and conditions of the First Nation of Nacho Nyak Dun acquiring its interest in a Project.

At any time at least 270 days after notice has been given under 5.7.2, the Proponent may provide in writing to the First Nation of Nacho Nyak Dun an offer setting out all the proposed terms and conditions of the First Nation of Nacho Nyak Dun acquiring its interest pursuant to 5.2 in the Project.

The offer referred to in 5.5 shall be open for acceptance by the First Nation of Nacho Nyak Dun for 30 days, and, failing acceptance of the offer, the option described in 5.2 shall lapse, and the Proponent shall have no further obligation to the First Nation of Nacho Nyak Dun under 5.0 for that Project.

The Proponent shall, as soon as practicable:

give notice to the First Nation of Nacho Nyak Dun of completion of all studies of and investigations into the feasibility of a Project and make those studies available to the First Nation of Nacho Nyak Dun; and

give notice to the First Nation of Nacho Nyak Dun of receipt of all regulatory approvals required to start construction of a Project.

REFERENCED CLAUSES: 
Chapter 22 Schedule A Part I 5.2, 5.4, 5.5, 5.6, 5.7;
Cross reference Chapter 22 Schedule A Part I 5.1, 5.3, 5.8, 5.11, 22.6.6
Responsibility Activities Timing
Proponent Communicate to NNDFN about any proposed projects within NNDFN Traditional Territory. Annually and preferably at least six months prior to offering an option to NNDFN
Proponent

Provide general information with respect to proposed projects.

At request of NNDFN and within a reasonable period of time after request
Proponent Provide notice to NNDFN of completion of all studies and investigations into the feasibility of a Project. As soon as practicable
Proponent Make studies available to NNDFN. At request of NNDFN
Proponent Provide notice to NNDFN of receipt of all regulatory approvals. As soon as practicable after receipt of regulatory approvals
NNDFN, Proponent Enter into negotiations re: terms and conditions of acquiring an interest in the Project. After Proponent provides above notice, and after request by NNDFN
Proponent Provide to NNDFN a written offer setting out terms and conditions for acquiring an interest in the Project pursuant to 5.2. If Parties have not agreed on terms and conditions and at least 270 days after notice given under 5.7.2

Planning Assumption

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

PROJECT: Offer to purchase NNDFN interest in a Project

RESPONSIBLE PARTY: 
NNDFN

PARTICIPANT/LIAISON: 
Proponent

OBLIGATIONS ADDRESSED: 
Unless otherwise agreed by all the parties owning an interest in a Project, the First Nation of Nacho Nyak Dun, upon receipt of a bona fide offer to purchase all or a portion of the interest it acquired in the Project pursuant to 5.2, 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 5.9 at any time during 30 days from the date on which it receives notice of the said bona fide offer, by advising the First Nation of Nacho Nyak Dun 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 5.9, 5.10;
Cross reference 22.6.6
Responsibility Activities Timing
NNDFN Unless otherwise agreed by all the parties owning an interest: If ready and willing to accept an offer to purchase NNDFN interest, communicate terms of offer to the Proponent. Upon receipt of a bona fide offer to purchase its interest
Proponent Advise NNDFN in writing of Proponent's intention to exercise its first right to purchase, if Proponent decides to exercise right. Within 30 days after receipt of notice re: offer
Proponent Complete purchase of said interest or portion. If Proponent decides to purchase, within 100 days after giving notice of intention to buy the NNDFN interest

PROJECT: Inclusion of criteria for special aboriginal or local knowledge

PROJECT MANAGER: 
Boards in 2.12.1, Designated Office (12.2.0)

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
The Boards referred to in 2.12.1 and the Designated Office defined in 12.2.0 shall consider the inclusion of criteria for special aboriginal or local knowledge when establishing specifications for contract opportunities and job descriptions for any employment activities which a Board or a Designated Office may have.

Nothing in 6.1 shall be construed to mean that a criterion for Nacho Nyak Dun employment shall be the determining criterion in awarding any contract.

REFERENCED CLAUSES: 
Chapter 22 Schedule A Part I 6.1, 6.2;
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: Negotiations to give effect to Chapter 22

PROJECT MANAGER: 
Canada, Yukon, NNDFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED: 
The parties to this Agreement may enter into agreements to give effect to recommendations in plans described in this chapter or to otherwise achieve the objectives of 22.1.0.

An agreement referred to in 7.1 shall state whether, and if so, to what extent, the agreement is binding on the parties to the Agreement.

Nothing in this Agreement shall be construed to limit the ability of the First Nation of Nacho Nyak Dun and the Yukon to make recommendations to, and enter into agreements with, each other respecting the establishment of measures, policies, and programs with the objective of furthering the economic development of resources within the Traditional Territory of the First Nation of Nacho Nyak Dun, in a manner which is consistent with the culture, values and identity of the First Nation of Nacho Nyak Dun.

REFERENCED CLAUSES: 
Chapter 22 Schedule A Part I 7.1, 7.2, 7.3
Responsibility Activities Timing
Canada, NNDFN, Yukon At discretion of parties, agree to meet to discuss negotiation of agreements pursuant to this clause. As agreed

Planning Assumption

  1. Any agreements negotiated under this clause shall consider any existing sharing relationships between Yukon First Nations.

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

RESPONSIBLE PARTY: 
Yukon

PARTICIPANT/LIAISON: 
NNDFN

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

The First Nation of Nacho Nyak Dun 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 4.5 shall not be considered a licence or permit offered to the First Nation of Nacho Nyak Dun under 1.0, 2.0 or 3.0.

When the First Nation of Nacho Nyak Dun applies for a licence or permit pursuant to 4.5 and satisfies the requirements which otherwise apply to obtaining that licence or permit, Government shall issue the licence or permit to the First Nation of Nacho Nyak Dun.

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 First Nation of Nacho Nyak Dun under these provisions which licence or permit the First Nation of Nacho Nyak Dun has sold or assigned.

Nothing in this schedule shall be construed to limit the First Nation of Nacho Nyak Dun participation in commercial freshwater fishing, commercial freshwater sports fishing or any sector of the commercial wilderness adventure travel industry to 25 percent of any quota.

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

REFERENCED CLAUSES: 
Chapter 22 Schedule A Part II 1.1, 4.5, 4.6, 4.7, 4.8, 4.9, 4.10, 4.11;
Cross reference 16.5.4, Chapter 22 Schedule A Part II 4.1
Responsibility Activities Timing
Yukon Communicate with NNDFN if Yukon is considering issuing new commercial freshwater fishing permits or licences in the NNDFN Traditional Territory. Prior to making decision about issuing new licences
NNDFN At discretion, consider issue and provide comments to Yukon. Within a reasonable period of time
Yukon Notify NNDFN of decision and offer licence or permit to NNDFN. Upon decision to issue new commercial freshwater fishing permits or licences until NNDFN or NNDFN firms have been allocated 25% of quota or until Jan. 1, 2016, unless otherwise agreed
NNDFN At discretion, respond to offer. Within one year of offer of licence or permit
Yukon Issue licence or permit. If NNDFN applies and satisfies requirements
Yukon Provide information re: allocations of commercial freshwater fish licences or permits, and on the associated commercial freshwater fish quotas, in the NNDFN Traditional Territory. Upon request of NNDFN

Planning Assumption

  1. A commercial freshwater fish quota is established whenever commercial freshwater fishing permits or licences are issued in an area or for a particular lake.

PROJECT: Right to acquire new licences or permits in the commercial wilderness adventure travel industry.

RESPONSIBLE PARTY: 
Yukon

PARTICIPANT/LIAISON: 
NNDFN

OBLIGATIONS ADDRESSED: 
If Government establishes a quota for a sector of the commercial wilderness adventure travel industry in the Traditional Territory of the First Nation of Nacho Nyak Dun, the First Nation of Nacho Nyak Dun 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 First Nation of Nacho Nyak Dun in its Traditional Territory:

the number of permits or licences equal to 25 percent of the quota established by Government less the number of permits or licences which are required to allow existing operations which are held by a Nacho Nyak Dun Firm to operate at their then existing level, or

the number of permits or licences which remains after the then existing operators in the Traditional Territory of the First Nation of Nacho Nyak Dun 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 First Nation of Nacho Nyak Dun any new licences or permits issued by Government from time to time until the First Nation of Nacho Nyak Dun and Nacho Nyak Dun Firms together have been allocated 25 percent of the quota in effect from time to time.

The First Nation of Nacho Nyak Dun 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 4.5 shall not be considered a licence or permit offered to the First Nation of Nacho Nyak Dun under 1.0, 2.0 or 3.0.

When the First Nation of Nacho Nyak Dun applies for a licence or permit pursuant to 4.5 and satisfies the requirements which otherwise apply to obtaining that licence or permit, Government shall issue the licence or permit to the First Nation of Nacho Nyak Dun.

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 First Nation of Nacho Nyak Dun under these provisions which licence or permit the First Nation of Nacho Nyak Dun has sold or assigned.

Nothing in this schedule shall be construed to limit the First Nation of Nacho Nyak Dun participation in commercial freshwater fishing, commercial freshwater sports fishing or any sector of the commercial wilderness adventure travel industry to 25 percent of any quota.

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

REFERENCED CLAUSES: 
Chapter 22 Schedule A Part II 2.1, 4.5, 4.6, 4.7, 4.8, 4.9, 4.10, 4.11;
Cross reference Chapter 22 Schedule A Part II 4.1, 4.3
Responsibility Activities Timing
Government Following Consultation required in Chapter 22, Schedule A, Part II, 4.1, notify NNDFN 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 NNDFN or NNDFN firms have been allocated 25% of the quota or until Jan. 1, 2016, unless otherwise agreed
NNDFN Respond to offer. Within one year of offer of licence or permit and at discretion of NNDFN
Government Issue licence or permit. If NNDFN applies and satisfies requirements

Planning Assumption

  1. A definition of existing wilderness adventure travel operators will be established in consultation with Yukon First Nations and the wilderness adventure travel industry, prior to establishing a quota for a sector of the commercial wilderness travel industry.

PROJECT: Right to acquire new licences or permits in the commercial freshwater sports fishing industry.

RESPONSIBLE PARTY: 
Yukon

PARTICIPANT/LIAISON: 
NNDFN

OBLIGATIONS ADDRESSED: 
If Government establishes a quota for the commercial freshwater sports fishing industry in the Traditional Territory of the First Nation of Nacho Nyak Dun, the First Nation of Nacho Nyak Dun 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 First Nation of Nacho Nyak Dun:

the number of permits or licences 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 Nacho Nyak Dun Firms to operate at their then existing level, or

the number of licences or permits which remains after the then existing operators in the Traditional Territory of the First Nation of Nacho Nyak Dun 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 First Nation of Nacho Nyak Dun any new licences or permits issued by Government from time to time until the First Nation of Nacho Nyak Dun and Nacho Nyak Dun Firms together have been allocated 25 percent of the quota in effect from time to time.

The First Nation of Nacho Nyak Dun 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 4.5 shall not be considered a licence or permit offered to the First Nation of Nacho Nyak Dun under 1.0, 2.0 or 3.0.

When the First Nation of Nacho Nyak Dun applies for a licence or permit pursuant to 4.5 and satisfies the requirements which otherwise apply to obtaining that licence or permit, Government shall issue the licence or permit to the First Nation of Nacho Nyak Dun.

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 First Nation of Nacho Nyak Dun under these provisions which licence or permit the First Nation of Nacho Nyak Dun has sold or assigned.

Nothing in this schedule shall be construed to limit the First Nation of Nacho Nyak Dun participation in commercial freshwater fishing, commercial freshwater sports fishing or any sector of the commercial wilderness adventure travel industry to 25 percent of any quota.

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

REFERENCED CLAUSES: 
Chapter 22 Schedule A Part II 3.1, 4.5, 4.6, 4.7, 4.8, 4.9, 4.10, 4.11;
Cross reference 16.5.4, Chapter 22 Schedule A Part II 4.1, 4.3
Responsibility Activities Timing
Yukon Following Consultation required in Chapter 22, Schedule A Part II, 4.1, notify NNDFN 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 NNDFN or Nacho Nyak Dun firms have been allocated 25% of the quota or until Jan. 1, 2016 unless otherwise agreed
NNDFN At discretion, respond to offer. Within one year of offer of licence or permit
Yukon Issue licence or permit. If NNDFN applies and satisfies requirements

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: 
NNDFN

OBLIGATIONS ADDRESSED: 
Government shall Consult with the First Nation of Nacho Nyak Dun 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 Traditional Territory of the First Nation of Nacho Nyak Dun.

In making a decision referred to in 4.1 and in responding to a recommendation pursuant to 4.4, Government shall consider, and shall Consult with the First Nation of Nacho Nyak Dun regarding:

the number of existing operators in the sector for which a quota or other limit is being considered;

the capacity of that sector to accommodate additional operators, including the First Nation of Nacho Nyak Dun and Nacho Nyak Dun Firms;

whether a delay in introducing a quota or other limit would affect the ability of the First Nation of Nacho Nyak Dun and Nacho Nyak Dun Firms together to hold 25 percent of the quota;

the objectives of this chapter; and

such other matters as the parties may agree.

REFERENCED CLAUSES: 
Chapter 22 Schedule A Part II 4.1;
Cross reference 16.6.9, 16.6.10.10, Chapter 22 Schedule A Part I 3.0, 4.0, Chapter 22 Schedule A Part II 4.3, 4.4
Responsibility Activities Timing
Yukon Notify NNDFN 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 NNDFN. Prior to making a decision to impose a limit, or to apply terms and conditions to licences or permits
NNDFN Prepare and present views on proposed limit, proposed terms and conditions and factors listed in 4.1. Within a reasonable period of time after notification by Government
Yukon Provide full and fair consideration of views presented.  
Yukon Make decision whether to impose limits and/or terms and conditions, and consider factors in 4.1. After consultation with NNDFN
Yukon Communicate decision to NNDFN.  

Planning Assumptions

  1. In addition to recommendations pursuant to Chapter 22, Schedule A, Part II, 4.3, Yukon may consider imposing a limit pursuant to this clause as a result of any recommendations in the regional economic development plan, economic development agreements, and from the Mayo District Renewable Resources Council pursuant to 16.6.9 and 16.6.10.10.
  2. When Consulting with NNDFN, Yukon shall consider sharing arrangements between NNDFN and other Yukon First Nations.

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: 
NNDFN

PARTICIPANT/LIAISON: 
Yukon

OBLIGATIONS ADDRESSED: 
The First Nation of Nacho Nyak Dun may enter into joint ventures or other arrangements with other Persons to use a permit or licence allocated to the First Nation of Nacho Nyak Dun pursuant to 1.0, 2.0 or 3.0.

REFERENCED CLAUSES: 
Chapter 22 Schedule A Part II 4.2;
Cross reference Chapter 22 Schedule A Part II 4.7, 4.9
Responsibility Activities Timing
NNDFN Enter into joint ventures or other arrangements. At discretion of NNDFN

Planning Assumption

  1. Any requirement for notification of Government by NNDFN be addressed in the licence or permit requirements.

PROJECT: Recommendations re: establishment of requirements for licences or permits or offer of new licences or permits for the commercial wilderness adventure travel industry and for commercial freshwater sports fishing.

RESPONSIBLE PARTY: 
NNDFN, Yukon

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED: 
The First Nation of Nacho Nyak Dun may, in writing, giving reasons, recommend to the Minister the establishment of a requirement for licences or permits pursuant to 2.1 or 3.1, or the offer of new licences or permits pursuant to 2.1.2 or 3.1.2.

The Minister shall, within 90 days of receiving a recommendation from the First Nation of Nacho Nyak Dun pursuant to 4.3, respond in writing to the First Nation of Nacho Nyak Dun, giving reasons for any decision made pursuant to that recommendation.

REFERENCED CLAUSES: 
Chapter 22, Schedule A Part II, 4.3, 4.4;
Cross reference Chapter 22 Schedule A Part I 3.3
Responsibility Activities Timing
NNDFN Provide written recommendations to the Minister on the establishment of requirements for licences or permits or offer of new licences or permits. At discretion of NNDFN
Yukon Respond in writing to NNDFN, giving reasons re: any decision made pursuant to Consultations in Chapter 22, Schedule A Part II, 4.1 and 4.1.1. Within 90 days after receipt of written recommendations

PROJECT: Right to acquire outfitting concessions.

RESPONSIBLE PARTY: 
Yukon

PARTICIPANT/LIAISON: 
NNDFN

OBLIGATIONS ADDRESSED: 
The First Nation of Nacho Nyak Dun shall have the right of first refusal to acquire the first outfitting concession which may be established in the Traditional Territory First Nation of Nacho Nyak Dun after the Effective Date of this Agreement.

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

The First Nation of Nacho Nyak Dun shall exercise the right of first refusal set out in 5.1 at any time during 90 days from the date it receives the notice referred to in 5.1.1 by advising Government, in writing, of its intention to exercise the right.

If the First Nation of Nacho Nyak Dun fails to advise Government in writing within 90 days of receiving the notice referred to in 5.1.1 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 Traditional Territory of the First Nation of Nacho Nyak Dun or the realignment of the borders of any existing outfitting concession within the Traditional Territory of the First Nation of Nacho Nyak Dun shall not be considered a new outfitting concession for the purposes of 5.0.

The right of first refusal set out in 5.1 shall expire on January 1, 2016, unless the parties to this Agreement agree to extend the period of the application of that provision.

REFERENCED CLAUSES: 
Chapter 22 Schedule A Part II 5.1, 5.2, 5.3;
Cross reference 16.5.4
Responsibility Activities Timing
Yukon Communicate with NNDFN if Yukon is considering the establishment of a new outfitting concession. Prior to making decision about issuing new concession
NNDFN At discretion, consider issue and provide comments to Yukon. Within a reasonable period of time
Yukon Give notice in writing to NNDFN of the establishment of a concession and of the terms and conditions. Upon establishing a new outfitting concession in the NNDFN Traditional Territory, or until Jan. 1, 2016 unless otherwise agreed
NNDFN Respond to offer in writing. Within 90 days of receipt of notice from Yukon and at discretion of NNDFN
Yukon Issue outfitting concession. If NNDFN applies and meets the terms and conditions

PROJECT: Calculation of Resource Royalty payments

RESPONSIBLE PARTY: 
Yukon

PARTICIPANT/LIAISON: 
NNDFN

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
NNDFN 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 NNDFN 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, NNDFN 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 NNDFN and include information re: basis for calculation. Annually, following first activity
Yukon If there has been an overpayment or under payment to a NNDFN, adjust payment in following year. Annually

Planning Assumption

  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 a NNDFN Traditional Territory

RESPONSIBLE PARTY: 
Yukon

PARTICIPANT/LIAISON: 
NNDFN

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 NNDFN of application for fee simple interest in any Resource within the NNDFN Traditional Territory. Provide details. Upon receipt of application for a fee simple interest in any Resource
NNDFN 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: 
NNDFN, 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
NNDFN 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: Implementation of the Gwich'in Transboundary Agreement by Government

RESPONSIBLE PARTY: 
Canada, Yukon

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED: 
Government shall each, within its jurisdiction, implement the provisions of the Gwich'in Transboundary Agreement which are applicable to it.

REFERENCED CLAUSES: 
25.6.4
Responsibility Activities Timing
Canada Implement the provisions of the Gwich'in Transboundary Agreement for which it is responsible pursuant to the Agreement and the associated implementation plan. After the Effective Date
Yukon Implement the provisions of the Gwich'in Transboundary Agreement for which it is responsible pursuant to the Agreement and the associated implementation plan. After the Effective Date

PROJECT: Survey of right-of-way on parcel C-14FS

RESPONSIBLE PARTY: 
NNDFN, Canada

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED: 
not including:

  • a thirty metre right-of-way for a road from the easterly boundary of the Parcel to Lot 31, Group 1004, Plan 53871 CLSR, 19409 LTO and shown approximately on the Reference Plan of Mayo;

(1) The First Nation of Nacho Nyak Dun agrees to complete a survey of this right-of-way within two years from the Effective Date of this Agreement.

(2) If the plan of the survey is not confirmed after two years, Government shall survey the road and the First Nation of Nacho Nyak Dun shall reimburse Government for the cost of the survey.

REFERENCED CLAUSES: 
Appendix A - Description of Settlement Land, C-14FS, (1) and (2)
Responsibility Activities Timing
NNDFN Survey right-of-way as identified above. Within two years of the Effective Date
Government Survey road and forward notice of cost of survey to NNDFN. If plan of survey not confirmed within two years of Effective Date
NNDFN Pay survey costs as billed. If Government carries out survey after expiration of two year period identified in (1)

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

RESPONSIBLE PARTY: 
Yukon

PARTICIPANT/LIAISON:
NNDFN

OBLIGATIONS ADDRESSED:
Government may, following Consultation with the First Nation of Nacho Nyak Dun, 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
Responsibility Activities Timing
Yukon Notify and provide details to NNDFN of proposal to close all or any portion of a Realigned Roadway. As required
NNDFN Prepare and present views. Within a reasonable period of time
Yukon Provide full and fair consideration to views presented. Notify NNDFN of decision.





Annex B - Commission, Council and Committee

Application

This Annex applies as provided herein to the:

  • Mayo District Renewable Resources Council
  • Regional Land Use Planning Commission
  • Settlement Land Committee

hereinafter called the "Boards".

Contents

This Annex has five parts:

Part I - General Provisions

Part 2 - Board Training and Cross-Cultural Orientation and Education

Part 3 - Arrangements for the Provision of Aboriginal Language Services to the Boards

Part 4 - Board Mandates and Activities

Part 5 - Board Budgets and Related Arrangements.

These parts, as they apply, are to be read together. Their provisions reflect the agreement of the Parties with respect to the establishment and operation of the Boards, and the related arrangements and activities which the Parties expect to perform in those connections.






Part 1 General Provisions

Initial Nominations and Appointments

Renewable Resources Council

Each Party has a right to nominate Board members as provided by the UFA in paragraph 2.12.2 and in respect of each Board.

The process of nomination and appointment will require each Party to identify, recruit and select nominees in an effective manner. The procedures and criteria to be used in that respect are within the discretion of the nominating Party.

To establish the initial complement of Board members, each Party should commence its procedures to identify prospective nominees upon ratification of the UFA by all Parties. The Minister will request nominations pursuant to UFA 2.12.2.2 as soon as practicable after the date of signing by all Parties.

Nominations, including a statement of the initial term for which a particular nomination may be made (UFA 2.12.2.11), shall be forwarded to the Minister within the time provided by 2.12.2.2 The Minister will appoint the nominees in sufficient time for the Boards to be in place as indicated in Part 4 of this Annex.

In order to facilitate these procedures, each Party should confirm with its proposed nominees their readiness to serve, prior to submitting its nominations to the Minister. If a nominee declines an appointment, the Minister and the nominating Party should take steps as soon as practicable to ensure that another nominee is identified and appointed.

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 -- Mayo District Renewable Resources Council and Regional Land Use Planning Commission

1. Replacement of Board Members

Upon termination of the initial appointments, the Parties should follow the procedures outlined in UFA 2.12.2.2 to 2.12.2.4 and above, in respect of the initial appointments, to ensure that repeat or replacement nominations and appointments take effect in a timely manner. The Parties should use all best efforts to avoid vacancies arising on the Boards due to failures in the process of nomination and appointment.

If a vacancy during term arises on a Board, the Parties should follow the same procedures to ensure that a replacement nominee is appointed at the earliest practicable date for a term consistent with the provisions of UFA 2.12.2.11

2. Removal for Cause

The authority to remove a Board member lies with the appointing Minister. It is acknowledged that the Minister will choose whether to exercise that discretion on the basis of any relevant information which the Minister may receive. However, the Minister should act to remove a Board member only after consultation with the nominating Party, subject to requirements for confidentiality. A replacement for the member removed should be nominated and appointed as soon as practicable.

Where a Board chooses to specify grounds for removal of a member pursuant to UFA 2.12.2.7, that Board should communicate those grounds in writing to the nominating Parties and the Minister forthwith upon the adoption thereof by the Board.

3. Resignation of a Member

A Board may wish to establish rules or procedures concerning the resignation of Board members. It is recommended that Board members who wish to resign during their term be required to communicate their resignation in writing to the Board, and that the Board forthwith advise the Minister of the resignation. A replacement for the member who resigned should be nominated and appointed as soon as practicable.

Organization of the Board

For its effective working, the Renewable Resources Council and Regional Land Use Planning Commission, within the first 60 days after it is established by appointments, should convene at least one meeting. The initial meeting of the Board should be convened by the members with such organizational assistance from the appointing Minister or Minister's representative as may be required to complete necessary arrangements.

At its initial meeting or as soon as practicable thereafter, each Board should address:

  1. the selection or nomination of a Chair and/or Vice-Chair, as the UFA may provide in respect of that Board;
  2. any rules and procedures which it may require pursuant to UFA 2.12.2.7 and 2.12.2.10;
  3. the Board budget and the completion of related financial arrangements;
  4. any organizational and policy matters, and arrangements with respect to support services and facilities required, for the discharge of its mandate under the UFA; and
  5. any arrangements required with respect to the training and cross-cultural orientation and education of Board members.
Board Services and Facilities

It is expected that the Renewable Resources Council and Regional Land Use Planning Commission will arrange for the support services and facilities they require. The Boards may cooperate in these arrangements, as they may find convenient. In determining their arrangements, the Boards should consider the training and economic opportunities which may be made available to Yukon First Nations and the specific provisions of the First Nation of Nacho Nyak Dun Final Agreement.






Part 2 Board Training and Cross-Cultural Orientation and Education

This Part applies to the Mayo District Renewable Resources Council, Regional Land Use Planning Commission and Settlement Land Committee.

For the purposes of UFA 2.12.2.9, 28.3.5, 28.3.7 and the Settlement Land Committee, Board training should include:

  1. training in Board procedures and functions;
  2. training directed to improve Board members' ability to carry out their responsibilities in the field or fields within the mandate of the Board;
  3. familiarization with the provisions of the UFA; and
  4. cross-cultural orientation and education.

Each aspect will involve different considerations.

1. Board procedures and functions

This training should reflect both internal Board needs and needs of the Board in relation to public process. It should enable a Board to develop the internal rules it may require and to develop its approach and organization for decision-making. This latter area may include matters of policy development, planning, priorization, time management and financial management. The appropriate time for the different aspects of this training to occur may vary from Board to Board.

It is strongly recommended that each Board assess and take steps, including budget provisions, to address its training requirements in these areas as soon as practicable after the Board is established. These requirements should be reassessed and addressed accordingly within 90 days after the termination of the initial appointments, for the benefit of the replacement nominees. The initial Board's need for and success with training should be considered by subsequent members when assessing their needs and the means by which those needs may be addressed.

Refresher training or specific needs for procedural advice during the term of a Board should be left for each Board to address as and when it so requires.

To ensure that appropriate training is available to the Boards, the Training Policy Committee, in consultations with the Boards, should develop the design and delivery of such training as the Boards may require of 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 Mayo District Renewable Resources Council, Regional Land Use Planning Commission and Settlement Land Committee.

The Boards should be able to conduct their proceedings in aboriginal languages when appropriate.

Aboriginal language services in Yukon are currently the subject of a multi-year agreement between Canada and Yukon. It is expected that aboriginal language services will be available to the Boards pursuant to such agreements as may be in place from time to time or through contracting with individuals or organizations for the services desired.

It is expected that all best efforts will be made to ensure that the language services the Boards may require will be available to them at the earliest practicable date.






Part 4 Board Mandates and Activities

The following provisions address the mandate and expected activities, and relevant specific arrangements, in respect of each of the Boards.

MAYO DISTRICT RENEWABLE RESOURCE COUNCIL

Mandate

In the First Nation of Nacho Nyak Dun Traditional Territory, the Mayo District 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 as set out in the NNDFA 16.6.1, 16.6.1.1.

The Mayo District Renewable Resources Council acting in the public interest may make recommendations to the Minister, the First Nation of Nacho Nyak Dun, the Fish and Wildlife Management Board and the Salmon Sub-Committee on any matter related to Fish and Wildlife (NNDFA 16.6.9).

The Mayo District Renewable Resources Council may make recommendations pursuant to First Nation of Nacho Nyak Dun Final Agreement 16.6.10.

The Mayo District Renewable Resources Council may meet in Fort McPherson when considering matters respecting the Primary Use Area (NNDFA 16.6.1.2).

The Mayo District Renewable Resources Council may make recommendations to the Gwich'in Tribal Council in respect of any matters it considers dealing with the Primary Use Area (NNDFA 16.6.9.1).

The Mayo District Renewable Resources Council may make recommendations to both the First Nation of Nacho Nyak Dun and the Gwich'in Tribal Council (First Nation of Nacho Nyak Dun Final Agreement 16.6.9.2).

The Mayo District Renewable Resources Council may make recomendations to the Minister and the First Nation with respect to Forest Resources Management on Settlement Land and Non- Settlement Land within the Traditional Territory, including:

  • the coordination of Forest Resources Management throughout the Yukon and in the Traditional Territory;
  • the need for, and the content and timing of, Forest Resources inventories and management plans;
  • the policies, programs and Legislation which affect Forest Resources;
  • proposals for Forest Resources research;
  • forest fire suppression plans, including the human, technical and financial resources required, the definition and establishment of priority zones for fire fighting and procedures for the monitoring, periodic review and amendment of the plans;
  • the allocation and use of Forest Resources for commercial purposes, including the terms and conditions of tenure, standards of operation, rates of harvest and means of access to Forest Resources;
  • employment opportunities and training requirements in Forest Resources Management and commercial Forest Resources harvesting;
  • measures for the control of forest pests and diseases; and
  • other matters relating to the protection and management of Forest Resources (17.4.0).
Organizational Structure
  • The Mayo District Renewable Resources Council shall be comprised of six members and shall be established as of the Effective Date of Final Agreement (NNDFA 16.6.2).
  • The Minister of Renewable Resources shall nominate three persons to the Mayo District Renewable Resources Council (NNDFA 16.6.2).
  • The First Nation of Nacho Nyak Dun shall nominate three persons to the Mayo District Renewable Resources Council (Yukon First Nation Final Agreement 16.6.2).
  • The Minister and the First Nation of Nacho Nyak Dun may each nominate one additional member as an alternate member to the Council (NNDFA 16.6.2.1).
  • When considering matters respecting the Primary Use Area, the three members who are nominees of the First Nation of Nacho Nyak Dun shall be replaced by three members who are nominees of the Tetlit Gwich'in (NNDFA 16.6.2.4).
  • The Tetlit Gwich'in shall Consult with the First Nation of Nacho Nyak Dun prior to making its nominations to the Mayo District Renewable Resources Council (NNDFA 16.6.2.5).
  • The Minister of Renewable Resources shall appoint the nominees to the Mayo District Renewable Resources Council (NNDFA 2.12.2.3, 2.12.2.4).
  • Mayo District Renewable Resources Council members shall be resident within the First Nation of Nacho Nyak Dun Traditional Territory (NNDFA 16.6.4).
  • With the consent of the Minister of Renewable Resources and the First Nation of Nacho Nyak Dun, the Mayo District 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 (NNDFA 16.6.12).
  • One third of the initial appointments to the Mayo District Renewable Resources Council shall be for three years, one third for four years, and one third for five years (NNDFA 16.6.5).
  • After the initial appointments, all appointments shall be for a five year term (NNDFA 16.6.5).
  • All appointments to the Mayo District Renewable Resources Council shall be during good behaviour (NNDFA 16.6.5).
Operations
  • The Mayo District Renewable Resources Council shall determine its own procedures for selecting its chairperson from its membership (NNDFA 16.6.3).
  • The Minister of Renewable Resources shall appoint the chairperson selected by the Mayo District Renewable Resources Council (NNDFA 16.6.3).
  • In the event that the Mayo District 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 Mayo District Renewable Resources Council after Consultation with the Mayo District Renewable Resources Council (First Nation of Nacho Nyak Dun Final Agreement 16.6.3.1).
  • The Mayo District Renewable Resources Council shall make provisions for public involvement in the development of its decision and its recommendations (First Nation of Nacho Nyak Dun Final Agreement 16.6.6).
  • The Mayo District Renewable Resources Council shall prepare an annual budget, subject to review and approval by Government, pursuant to First Nation of Nacho Nyak Dun Final Agreement 16.6.7. The budget shall be in accordance with Government guidelines (First Nation of Nacho Nyak Dun Final Agreement 16.6.7).
Activities

The Mayo District Renewable Resources Council shall undertake activities as may be found in:

Chapter 10, in particular clauses 10.5.5 and 10.3.3, Schedule B including 4.0,

Chapter 13, Schedule B including 2.2, 3.1, 3.2, 3.7

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), 16.9.1.3 (b) (i) (c), 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 Mayo District Renewable Resources Council can be found in First Nation of Nacho Nyak Dun Final Agreement Annex A for the referenced clauses including but not limited to:

10.3.3, 10.5.5, 10 Sched. B 4.1, 10 Sched B 4.9, 10 Sched. B 4.10, 10 Sched. B 4.1113 Sched. B 2.1,3.1,3.7
16.6.2.1, 16.6.2.4, 16.6.7, 16.6.15, 16.8.4, 16.8.12, 16.8.14, 16.9.1.3 (a), 16.9.1.3 (b), 16.9.16, 16.11.3.1, 16.11.3.1, 16.11.9.1, 16.11.10.5, 16.13.2, 17.2.2, 17.5.1, 17.5.4.1.

BUDGET AND FINANCIAL PROJECTION

MAYO DISTRICT RENEWABLE RESOURCES COUNCIL

YEAR 1 BUDGET

Honoraria:    
  Members $15,000.00
  Chair $ 5,250.00
Board:    
  Travel and accommodation $ 7,000.00
  Training $ 5,000.00
  Public hearings $ 3,150.00
  Information $ 1,800.00
  FWMB meeting $ 3,000.00
  Professional services $10,000.00
  Clerical $14,000.00
  Office:  
  - phone/fax $ 2,000.00
  - photocopy $ 2,000.00
  - equipment/materials $ 6,800.00
  TOTAL $75,000.00

MULTI-YEAR FORECAST

Year 1 Year 2 Year 3
$75,000.00 $75,000.00 $75,000.00





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 Nacho Nyak Dun 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 NNDFN 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 Nacho Nyak Dun First Nation Final Agreement.
Organizational Structure

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

Canada Representative

The Department of Indian Affairs and Northern Development will appoint one person to represent the Department when the Settlement Land being dealt with was formerly under Federal administration.

The representative will be experienced in land issues, including survey requirements, and will have the authority to speak on behalf of the Department.

The position will be filled by the same person for the life of the individual Committee where possible.

Yukon Representative

Yukon will appoint one person to represent Yukon when the Settlement Land being dealt with was formerly under Yukon administration.

The representative will be experienced in land issues, including survey requirements, and will have the authority to speak on behalf of the Yukon.

The position will be filled by the same person for the life of the individual Committee where possible.

NNDFN Representatives

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

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 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 NNDFA and NNDFN needs which have been related to the Chair.

Meetings will be in the community of the NNDFN 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 NNDFN to enable its nominees to participate in the proceedings of the Committee. Meeting facilities will be provided by the NNDFN when the meetings are held in Mayo .

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 NNDFN 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. NNDFN shall indicate the process by which NNDFN consent will be secured;

To make every effort to reduce the number of decisions which are forwarded to the Dispute Resolution Board; and

In collaboration with the Committee members, to alter guidelines and procedures to reflect the needs of the NNDFN.

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






REGIONAL LAND USE PLANNING COMMISSION

Mandate

A Regional Land Use Planning Commission ("Commission") shall develop a regional land use plan ("Plan") and shall recommend the Plan to Government and the NNDFN for approval.

Organizational Structure

Canada, NNDFN and any other affected Yukon First Nations may agree to establish a Commission at any time after the Effective Date of the NNDFA.

A Commission shall have no less than six (6) members. A Commission shall have the number of members as agreed by Government and the affected Yukon First Nation or as prescribed by the specific provisions of the affected Yukon First Nation Final Agreement.

Canada shall consult with Yukon prior to nominating its members, and Yukon First Nations shall nominate their members as soon as practicable after agreement to establish a Commission. The remaining nominations shall be selected in accordance with the specific provisions of the affected Yukon First Nation Final Agreement. Canada, Yukon and affected Yukon First Nations shall adhere to 11.4.3 when selecting nominees.

Appointments will be made by the Minister of Indian Affairs and Northern Development ("the Minister").

The members of the Commission may choose a Chairperson from amongst its members.

The provisions of 2.12.2. shall apply to a Commission.

Operations

A Commission shall prepare an annual budget, after Consultation with each affected Yukon First Nation and shall submit that budget to the Yukon Land Use Planning Council ("Council") (11.9.1). The Council shall review the budget and after Consultation with the Commission shall propose the budget to the Minister for the preparation of regional land use plans. The budget approval process will respect the discretion for the allocation of funds available to the Commissions pursuant to Part 2 Schedule 1 of the UFA Implementation Plan. Canada shall pay the approved expenses of the Commission to the Council from the amounts described in Part 2 of Schedule 1, preferably by way of a multi year contribution agreement. The Council shall pay the approved expenses to the Commission preferably by way of a multi-year contribution agreement.

A Commission may establish a local office. Within the approved budget, a Commission may engage and contract technical or special experts for assistance and may establish a secretariat to assist it in carrying out its functions (11.4.5.1).

Activities

A Commission shall prepare and recommend a Plan to Government and the affected Yukon First Nation within a timeframe established by Government and the affected Yukon First Nation (11.4.4). In carrying out 11.4.4, a Commission shall undertake the activities described in 11.2.0, 11.4.5.3 to 11.4.5.9, 11.5.1, 11.6.1, 11.6.3, and 11.6.5.

A Commission may undertake the activities described in 11.4.5.1 and 11.4.5.10. A Commission may carry out activities associated with 11.4.5.10 with a reduced number of members.

The Commission shall convene a meeting as soon as practicable after the Commission is established.






Part 5 Budget Procedures and Financial Arrangements

  1. The recommended first annual budget and a multi-year financial forecast for the Mayo District Renewable Resources Council is attached to the relevant Board description in Part 4 of this Annex B.
  2. It is understood that the allocation for the Mayo District Renewable Resources Council set out in Schedule I of this Plan is stated as 1992 constant dollars.
  3. If the Minister requests the Mayo District Renewable Resources Council or Regional Land Use Planning Commission to perform an activity that is not part of the Board's approved budget for a given year, the Board may request additional funding and the Minister shall consider the request.





Annex C - Information Strategy

GENERAL REQUIREMENTS

1. 28.3.2.4 specifies that an information strategy be included in the NNDFA Plan to enhance community and general public awareness of the Settlement Agreement and Implementation Plan.

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

(a) To the extent possible, the NNDFA 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.

(c) Those areas of the agreements which require NNDFN to maintain public registers, publish reports, etc. are deemed to be covered in the Activity Plans of Annex A, and are not considered as part of this strategy.

(d) It was assumed that the various local boards and committees, described in Annex B, will carry on their own information program.

INTEGRATION WITH UFA STRATEGY

3. The NNDFN strategy shall concentrate on those areas of the NNDFA not anticipated to be covered by the UFA Information Strategy, and will rely on the UFA Information Strategy to convey all areas of the UFA and those generic clauses of the NNDFA which have broad public application.

4. NNDFN shall provide a representative to attend the community facilitator workshop contemplated by the UFA Information Strategy.

5. NNDFN shall utilize, as much as is practicable, the UFA Land Claim Briefing Book, and where possible develop inserts or additions to expand on NNDFA provisions. Government may be requested to assist with information in this process.

6. Where appropriate, NNDFN may develop material in conjunction with or in addition to the CYI inserts in the central newsletter, and/or may utilize CYI information and NNDFN information in local publications such as "The Stewart Valley Voice" or the JV Clark newsletter.

UTILIZATION OF RATIFICATION INFORMATION

7. Whenever possible, information developed as part of the NNDFN ratification process shall be utilized. This includes publications, audio tapes and videos.

GENERAL DIVISION OF RESPONSIBILITIES

8. The Government shall inform the general public with regard to the provisions of the NNDFA, SGA and specific areas set out in paragraph 13 through existing programs.

9. NNDFN shall assume primary responsibility for informing the local community in general, and NNDFN citizens in particular, in regard to the provisions of the NNDFA, the SGA and to specific areas as designated in paragraph 13.

10. NNDFN and Government shall coordinate information and activities that relate specifically to issues within NNDFN Traditional Territory arising from the NNDFA 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 NNDFA.

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

12. Government will make best efforts to provide interpreter services to Northern Tutchone or other First Nation people as may be required from time to time, through Aboriginal Language Services programs as may be in place from time to time.

POTENTIAL AREAS REQUIRING INFORMATION DISTRIBUTION

13. The following Table summarizes areas of the NNDFA and SGA in which it is anticipated that information distribution may be required from time to time. This list is not meant to be inclusive but to serve as an initial guide in scoping the effor

Table
POTENTIAL AREAS FOR INFORMATION DISTRIBUTION
Chapter/Clause Area of Concern Note/Comment
2.2 (SGA 3) Continuation of rights -
2.9.3.1 Administration of overlap Note 1
3.10 Continued enrollment -
5.3 Maps and land descriptions Note 1
6.0 Access information (terms, trespass) Note 1
10.0 SMA use and management Co-ord. with RRC
13.0 Heritage sites (location, terms, accidental discovery) Co-ord. with RRC;
Note 1
14.0 Traditional use -
15.0 Identification of Site Specifics Note 1
16.0 General management Co-ord. with RRC
17.0 Access, use -
18.0 Specified substances vs mineral use -
20.0 Settlement corporation information -
21.0 Land taxation -
22.0 Economic development and employment opportunities -
24.0 NNDFN as legal entity (SGA 9), delegation of power (SGA 12), law and justice applications (SGA 13), tax laws and status (SGA 14, 15), McQuesten reserve (SGA 29) -
25.6 Tetlit Gwich'in rights -
28.0 Training plan -

t.

Note 1 Canada will provide to NNDFN, upon request and to the extent practicable, maps and legal descriptions of Settlement Land described in 5.3.1.

Note 2 Upon request, Canada will provide to Nacho Nyak Dun and the NNDFN information pursuant to 22.5.5 and 22.5.6.

Note 3 Programs devolved under SGA 17 are assumed to carry their own information strategy and are not covered here. Exceptions are current Indian and Inuit Affairs Canada programs which may require consideration under this plan.






Annex D

Part 1

1.0 Economic Planning

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

1.2 The NNDFN 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 NNDFN and Government policies, processes, programs, and priorities.

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

1.2.4 The NNDFN'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 NNDFN 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 NNDFN.

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

1.3.3 Reviews and identification of existing Government programs, services, finances and other resources which can be accessed or modified consistent with Government policy from time to time, to enable planning and implementation of Chapter 22, NNDFA.

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






Part 2

2.0 Contracting and Employment Opportunities

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

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

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

2.3.1 Contracting and employment criteria;

2.3.2 Structuring of opportunities to maximize First Nation 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 NNDFN and Government agree are useful in meeting the objectives and provisions of the NNDFA.

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






Annex E - Coordination of the NNDFA Plan and the NNDFN Self-Government Agreement Implementation Plan

GENERAL REQUIREMENTS

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

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

RESPONSIBILITIES

3. The NNDFN government and its administrative structure, as established through the NNDFN constitution adopted under the SGA, shall be recognized as the agency responsible for the implementation, on behalf of the NNDFN, of both agreements.

4. The Governments of Canada and of the Yukon each agree that, to the extent practicable, consistent processes, practices and interpretations shall be utilized in the implementation of both the NNDFA and SGA, when dealing with NNDFN. Further, should any conflict arise within either government in this regard, it shall be resolved internally and NNDFN shall not be required to deal with such conflicts.

SPECIFIC AREAS OF IMPLEMENTATION COORDINATION

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

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

7. The NNDFA Plan general review process described in paragraph 18 of the NNDFA 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 NNDFA Annex C shall include both the NNDFA and SGA agreements and implementation plans.

9. The training needs for NNDFN shall be integrated into a single plan which will take into account the training requirements of both the NNDFA and the SGA and the associated implementation plans.

OTHER POTENTIAL AREAS REQUIRING COORDINATION

10. While cross references between agreements have been provided on appropriate Activity Plans, there are some implicit areas which may require coordination as well. To further specify these areas, the following table has been provided.

Table
POTENTIAL AREAS REQUIRING IMPLEMENTATION COORDINATION

(may include but are not limited to:)
Reference/Clause Area of Concern
NNDFA SGA  
Definitions   Consistent application
2.0 3.0 Rights of citizens/beneficiaries as Yulon Indian People
2.3.6 21.1 NNDFA amendments published in NNDFN law registry
2.7 16.4.2 Disclosure of information
2.11.4.1 Legis. Legal entity
4.1.1.1 29.0 McQuesten reserve status
5.0 25.0 Compatible land use re: Community Settlement Land
5.0 28.0 Laws on certain Community Settlement Land
19.0 16.8 FTA calculation re: compensation
20.0 15.2, 15.3.5 Tax status settlement corporations
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
NNDFA 8.2.1, 8.3 Inconsistency/conflict





Annex F - Training Priorities

GENERAL REQUIREMENTS

1. 28.7.0 of the UFA calls for the development of a training plan by the Training Policy Committee. This plan will guide the utilization of the Training Trust Fund in the provision of training for Yukon Indian People necessary to support the successful implementation of the Settlement agreements.

2. 28.8.4 states that this plan shall reflect training priorities established for implementation by the Implementation Planning Working Group. The purpose of this annex is to identify these priorities specific to implementation of the NNDFN agreements.

3. It should be noted that there are two areas for consideration in the preparation of such a plan; these are: the training needs for the NNDFN government and administration to carry out their responsibilities under the agreement, and those related to the needs of NNDFN citizens in general, in order that they may be prepared to take full advantage of the economic/employment opportunities arising from the agreements. This annex addresses only the former area, since completion of the latter must await further definition provided by the economic development plans to be prepared under 22.3.

TRAINING PRIORITIES

4. As a result of internal discussion and consultation with the Yukon College, it was agreed that the training needs could be separated into three main types:

Life Skills and Technical Skill Upgrading - This type of training is designed to consider both initial personal needs (as mentioned in 1 and 2 above) and to improve basic background technical skills (e.g. math, computer, communication). This type of training is suitable for short course workshop type delivery, and serves as a base for other more formal programs.

Specific Job Related Training - This type of training considers the "how-to" aspects of particular positions. In some areas, particularly land and resource management, a large part of the training must be "invented" as the job develops, based on a good general technical background and experience. It is expected that the NNDFN will be under pressure to perform early in implementation in several areas (e.g. land use and access, laws, policy development); therefore, it appears that the only practical way to meet these demands and to train NNDFN staff is through OJT (On-the-job Training) by experienced term contractors who assure accomplishment of implementation needs while training NNDFN staff on a day-today basis.

College/University Programs - The NNDFN will eventually require some positions to be filled with formally trained graduates (with extensive local orientation).

On the basis of the NNDFA/SGA Activity Plans, NNDFN has identified key staff positions which are priority training areas, as illustrated in Table 1. In addition, the four general skills areas shown in the Table were identified.

The relation skill of the training areas and the four main skills areas are illustrated in Table 2, with appropriate comments.

Annex F - Training Priorities - will no longer have effect once the training plan for NNDFN has been approved.

Table 1
NNDFA SPECIFIC POSITIONS AND GENERAL SKILLS AREAS
NND Initial Staffing New Position Upgrade Devolution

Deputy Chief
Council Advisor
Financial Management
Officer
Resource Management
Coordinator
RMO 1

RMO 2
Economic Development
Off(1/2)
Comp System Operator

Band Manager

Clerk
Daycare(2)
Bookkeeper
Social Development
Administration
CELC
NNADAP
CHR
Cap Program Manager

Para Legal
Enforcement

H&SS Coordinator

Financial Clerk
Economic
Development(1/2)
Lang/cult

Data input

GENERAL SKILL AREAS

  • Government and Administration
  • Renewable Resources and Land Planning
  • Economic Development and Employment
  • Human Resource Development
Table 2
TRAINING MATRIX
  Government & Administration Renewable Resource Economic Development HRD
Life Skills & Technology Upgrade
  • existing courses with modifications for local needs
  • delivery in the community for max benefit
  • potential coordination Yukon College
Specific Job Rel.
  • some exist courses in Financial Management & Administration
  • new course required for council & administration
  • deliver by OJT comm. session
  • potential coord. Northern Tutchone T1
  • new training area to FN needs
  • del OJT workshop
  • some general courses exist
  • del OTJ courses
  • special course required match comm recovery
  • del OTJ workshop
College/ University Programs
  • some existing courses available
  • mod. required
  • local orientation required
  • delivered by institution of student pref.
  • potential coordination Northern Tutchone T1