Amendments to Champagne and Aishihik First Nation Final Agreement P.C. #2009-134

Replaced – P.C. 2009-134 – January 29, 2009

Schedule I

SCHEDULE A

KLUANE NATIONAL PARK

1.0 Objectives

  • 1.1 The objectives of this schedule are as follows:
    • 1.1.1 to recognize Champagne and Aishihik First Nations history and culture, and the rights provided for in this schedule, in the establishment and operation of the CAFN Region;
    • 1.1.2 to recognize and protect the traditional and current use of the CAFN Region by Champagne and Aishihik People in the development and management of the CAFN Region;
    • 1.1.3 to protect for all time a representative natural area of Canadian significance in the North Coastal Mountains Natural Region;
    • 1.1.4 to encourage public understanding, appreciation and enjoyment of the CAFN Region in a manner which leaves it unimpaired for future generations;
    • 1.1.5 to provide economic opportunities to Champagne and Aishihik People in the development, operation and management of the CAFN Region;
    • 1.1.6 to recognize that oral history is a valid and relevant form of research for establishing the historical significance of Heritage Sites and Moveable Heritage Resources in the CAFN Region directly related to the history of Champagne and Aishihik People; and
    • 1.1.7 to recognize the interest of Champagne and Aishihik People in the interpretation of aboriginal place names and Heritage Resources in the CAFN Region directly related to the culture of Champagne and Aishihik People.

2.0 Definitions

In this schedule, the following definitions shall apply.

"Board" means the Kluane National Park Management Board established pursuant to this schedule.

"CAFN Region" means that area of land depicted on map "Kluane National Park, (KNP)" in Appendix B – Maps, which forms a separate volume to this Agreement.

"Champagne and Aishihik First Nations Burial Site" means a place outside a recognized cemetery where the remains of a cultural ancestor of the Champagne and Aishihik People have been interred, cremated or otherwise placed.

"Conservation" means the management of the cultural and natural resources of the Park to ensure the protection of the Fish and Wildlife and their habitat and the natural evolution of the ecosystem as a priority while recognizing the traditional and continuing use of the CAFN Region’s resources by Champagne and Aishihik People.

"Edible Fish or Wildlife Product" has the same meaning as in Chapter 16 - Fish and Wildlife.

"Elder" means a Champagne and Aishihik Person defined as an elder in the Champagne and Aishihik First Nations Constitution.

"Furbearer" has the same meaning as in Chapter 16 - Fish and Wildlife.

"Harvest" and "Harvesting" means gathering, hunting, trapping or fishing in accordance with this schedule.

"No Harvesting Zone" means an area designated pursuant to this schedule, in which Harvesting of some or all species of Fish, Wildlife or Plants is prohibited during part or all of the year.

"Non-Edible By-Product" has the same meaning as in Chapter 16 - Fish and Wildlife.

"Park" means that portion of the reserve for Kluane National Park depicted on map "Kluane National Park Boundary, (KNP)", in Appendix B - Maps, which forms a separate volume to this Agreement, and any other land described in Part 11 of Schedule I of the Canada National Parks Act, S.C. 2000 c. 32.

"Park Management Plan" means the management plan described in the Canada National Parks Act, S.C. 1985, c. 32 and includes the Kluane National Park Reserve Management Plan in effect on the Effective Date of this Agreement.

"Park Reserve" means the Kluane National Park Reserve of Canada described in Schedule 2 of the Canada National Parks Act, S.C. 2000 c.32.

"Plants" means all flora in a wild state but does not include trees.

"Sport Fishing" means angling as defined under the Canada National Parks Act, S.C. 2000, c. 32, but does not include angling for Subsistence by Champagne and Aishihik People.

"Subsistence" means:

  1. the use of Edible Fish or Wildlife Products, or edible Plant products, by a Champagne and Aishihik Person for sustenance and for food for traditional ceremonial purposes including potlaches; and
  2. the use by a Champagne and Aishihik Person of Non-Edible By- Products of harvests of Fish or Wildlife under (a) for such domestic purposes as clothing, shelter or medicine, and for domestic, spiritual and cultural purposes; but
  3. except for traditional production of handicrafts and implements by a Champagne and Aishihik Person, does not include commercial uses of:
    1. Edible Fish or Wildlife Products;
    2. Non-Edible By-Products; or
    3. edible Plant products.

"Tree" has the same meaning as in Chapter 17 - Forest Resources.

3.0 Park Establishment

  • 3.1 Canada shall establish the CAFN Region as a National Park pursuant to the National Parks Act, R.S.C. 1985, c. N-14 in accordance with this schedule, on the Effective Date of this Agreement.
  • 3.2 No lands forming part of the Park shall be removed from National Park status without the consent of the Champagne and Aishihik First Nations.

4.0 Harvesting Rights of Champagne and Aishihik People

  • 4.1 Champagne and Aishihik People shall have the exclusive right to Harvest for Subsistence within the CAFN Region, all species of Fish and Wildlife for themselves and their families in all seasons of the year and in any numbers, subject only to limitations prescribed pursuant to this schedule.
    • 4.1.1 Champagne and Aishihik People shall have the right to harvest edible Plant products for Subsistence within the CAFN Region for themselves and their families in all seasons of the year and in any number, subject only to limitations prescribed pursuant to this schedule.
  • 4.2 Except as otherwise provided in this schedule, Harvesting and management of Fish and Wildlife in the CAFN Region shall be in accordance with the Canada National Parks Act, S.C. 2000, c. 32.
  • 4.3 Champagne and Aishihik People shall have the right to employ traditional and current methods of and equipment for Harvesting for Subsistence pursuant to 4.1, whether limited to an allowable harvest or not, subject to limitations implemented following a recommendation from the Board pursuant to 6.3.2 or 6.3.3, in addition to any other limitations provided for in this schedule.
  • 4.4 Nothing in this schedule shall be construed to grant Champagne and Aishihik People any right to buy, sell, or offer for sale any Migratory Game Bird, Migratory Game Bird's egg or parts thereof not authorized for sale by Legislation.
  • 4.5 Champagne and Aishihik People shall have the right to give, trade, barter or sell among themselves and other Yukon Indian People all Edible Fish or Wildlife Products, and edible Plant products Harvested by them for Subsistence pursuant to 4.1, whether limited to an allowable harvest or not, in order to maintain traditional sharing among Champagne and Aishihik People and other Yukon Indian People, for domestic purposes but not for commercial purposes.
  • 4.6 Subject to Laws of General Application, unless otherwise agreed to by the parties to this Agreement, Champagne and Aishihik People shall have the right to give, trade, barter, or sell to any person any Non-Edible By-Product of Fish and Wildlife that is obtained from Harvesting Furbearers or incidental to Harvesting for Subsistence pursuant to 4.1, whether limited to an allowable harvest or not.
  • 4.7 The right to Harvest for Subsistence pursuant to 4.1, whether limited to an allowable harvest or not, includes the right to possess and transport the parts and products of Fish, Wildlife and edible Plants in the Yukon.
  • 4.8 The exercise of rights under this schedule is subject to limitations provided for elsewhere in this schedule and to limitations provided for in Legislation enacted for purposes of Conservation, public health or public safety.
    • 4.8.1 Any limitation provided for in Legislation pursuant to 4.8 must be consistent with this schedule, and must be reasonably required to achieve those purposes and may only limit those rights to the extent necessary to achieve those purposes.
    • 4.8.2 Government shall Consult with the Champagne and Aishihik First Nations before imposing a limitation pursuant to 4.8.
  • 4.9 Nothing in this schedule shall be construed as an admission by Government that the Migratory Birds Convention Act, R.S.C. 1985, c.7 does not satisfy the terms of 4.8.
  • 4.10 For the purposes of application of 4.8 to Harvesting rights of Champagne and Aishihik People for migratory birds in the CAFN Region, "Conservation" includes considerations related to conservation of Migratory Game Birds indigenous to the Yukon while those Migratory Game Birds indigenous to the Yukon while those Migratory Game Birds are in other jurisdictions.
  • 4.11 Where in accordance with this schedule, an allowable harvest in the Park is established for a species of Freshwater Fish or Wildlife, the following provisions shall apply:
    • 4.11.1 the Champagne and Aishihik First Nations shall decide whether to allocate any part, or all, of that allowable harvest to Champagne and Aishihik People and shall notify the Park superintendent in writing of its decision;
    • 4.11.2 where the Champagne and Aishihik First Nations decides to allocate part, or all, of that allowable harvest, the notice pursuant to 4.11.1 shall specify the allocation of Freshwater Fish or the number and species of Wildlife to be harvested; and
    • 4.11.3 the right of a Champagne and Aishihik Person to Harvest Freshwater Fish or Wildlife for which an allowable harvest has been established is contingent upon that person being allocated part of the allowable harvest by the Champagne and Aishihik First Nations.
  • 4.12 The Champagne and Aishihik First Nations may manage, administer, allocate or otherwise regulate the exercise of rights of Champagne and Aishihik People under 4.0 within the CAFN Region, where not inconsistent with the regulation of those rights by Government in accordance with 4.8 and the other provisions of this schedule.
  • 4.13 The Champagne and Aishihik First Nations shall establish and maintain a register of harvest information relating to Harvesting in the CAFN Region which contains a record of the allocation of Harvesting rights among Champagne and Aishihik People and a record of what is harvested, and such other harvest information as is prescribed by the Board.
    • 4.13.1 The register of harvest information shall be made available to the Park superintendent on a regular and timely basis in a manner prescribed by the Board.
  • 4.14 Upon the request of a Park warden, or other persons with lawful authority, Champagne and Aishihik People exercising their Harvesting rights in the CAFN Region shall show proof of enrollment under this Agreement.
  • 4.15 The Minister, after Consultation with the Board, may require Champagne and Aishihik People to obtain a permit or licence for Harvesting within the CAFN Region but no fee or charge shall be imposed by Government for such permit or licence.
    • 4.15.1 Upon the request of the Champagne and Aishihik First Nations, the Minister, after Consultation with the Board, may allow the Champagne and Aishihik First Nations to issue the permits or licences referred to in 4.15.
  • 4.16 The Parks Canada Agency shall offer to the Champagne and Aishihik First Nations any Fish or Wildlife harvested within the CAFN Region for Park or Park Reserve management purposes, unless such Fish or Wildlife is required for scientific or Park management purposes or as evidence in a court of law.
  • 4.17 Subject to 4.18, Champagne and Aishihik People shall have the right to establish, expand and maintain cabins, camps, caches and trails in the Park that are necessary for, and which are to be used solely in relation to, exercising the Harvesting rights provided for in this schedule, provided that the location of such cabins, camps, caches and trails conforms with the Park Management Plan.
  • 4.18 A Champagne and Aishihik Person proposing to establish or expand a cabin in the Park shall make a request to the Board.
    • 4.18.1 The Board shall consider the request and determine:
      • 4.18.1.1 whether the location of the proposed cabin conforms with the Park Management Plan; and
      • 4.18.1.2 whether the cabin is necessary for the exercise of Harvesting rights provided for in this schedule.
    • 4.18.2 Following consideration of the request, the Board shall make a recommendation to the Minister.
    • 4.18.3 The provisions of 6.5 to 6.9.2 apply to a recommendation of the Board pursuant to 4.18.2.
    • 4.18.4 Subject to limitations prescribed pursuant to 4.8, the Board and the Minister shall approve the request referred to in 4.18, where the cabin conforms to the Park Management Plan and is necessary for the exercise of Harvesting rights provided for in this schedule.
  • 4.19 Champagne and Aishihik People shall have the right, during all seasons of the year to harvest Trees in the CAFN Region for purposes incidental to the exercise of the Harvesting rights provided for in this schedule.
  • 4.20 Each area depicted as a No Harvesting Zone on map "No Harvesting Zones, (NHZ)", in Appendix B - Maps, which forms a separate volume to this Agreement, is hereby designated as a No Harvesting Zone. Modifications to a No Harvesting Zone may only be made by the Minister upon recommendation of the Board.
    • 4.20.1 The Board shall review the boundaries and designation of each No Harvesting Zone three years after the Effective Date of this Agreement.
  • 4.21 Upon a recommendation of the Board, the Minister may permit a pre-defined harvest in a No Harvesting Zone by an Elder or disabled Champagne and Aishihik Person.
  • 4.22 Employees, contractors, and others employed in the CAFN Region who are Champagne and Aishihik People shall not exercise their Harvesting rights under 4.0 or 5.0 while on duty in the course of employment or while in the course of carrying on business in the CAFN Region.
  • 4.23 The Parks Canada Agency and the Yukon shall share information on trapline use and Furbearer management, and on the harvest of other Wildlife, inside the CAFN Region and adjacent to the Park and Park Reserve in order to coordinate the management of Furbearer populations and other Wildlife.
  • 4.24 Nothing in this schedule is intended to confer rights of ownership in any Fish or Wildlife.
  • 4.25 Except as otherwise provided in Laws of General Application, no Person shall waste Edible Fish or Wildlife Products.

5.0 Trapping in the Park

  • 5.1 Champagne and Aishihik People shall have the exclusive right to Harvest Furbearers within the CAFN Region in accordance with this schedule for the purpose of selling the pelts.
  • 5.2 The Board shall recommend to the Minister the area within the Park within which area, trapping by Champagne and Aishihik People shall be permitted in accordance with this schedule.
  • 5.3 The Minister shall make his decision on the Board's recommendations under 5.2 in accordance with the provisions of 6.5 to 6.9.
  • 5.4 The Champagne and Aishihik First Nations shall be responsible for allocating trapping opportunities in the area where trapping is permitted within the CAFN Region to Champagne and Aishihik People, and for the alignment, realignment and grouping of individual traplines within that area.
  • 5.5 The Board may make recommendations to the Champagne and Aishihik First Nations on the allocation of trapping opportunities and on the alignment, realignment and grouping of individual traplines within the area where trapping is permitted within the CAFN Region.
  • 5.6 The Champagne and Aishihik First Nations shall maintain a register of allocation of trapping opportunities, and shall provide a copy of that register to the Park superintendent.
  • 5.7 The Board may make recommendations to the Minister on the management of Furbearers and on seasons, quotas and other matters related to trapping in the CAFN Region.
  • 5.8 Subject to this schedule, Champagne and Aishihik People shall comply with Laws of General Application when participating in commercial Harvesting in the CAFN Region.
    • 5.8.1 Champagne and Aishihik People shall have the right to use leg-hold drowning sets for Furbearer Harvesting unless the Minister, upon recommendation of the Board, determines that such sets are inhumane.

6.0 The Kluane National Park Management Board

  • 6.1 The Kluane National Park Management Board shall be established no later than the Effective Date of this Agreement.
  • 6.2 The Board shall be comprised of six members appointed by the Minister, two of whom shall be nominees of the Champagne and Aishihik First Nations, two of whom shall be nominees of the Kluane First nation and two of whom shall be nominees of Government. In addition the Park superintendent or his designate shall be a non-voting member of the Board.
    • 6.2.1 Only Board members nominated by the Champagne and Aishihik First Nations and Canada may participate in the deliberations of the Board respecting the matters set out in 6.3.1 to 6.3.4 and 6.3.10.
    • 6.2.2 Members of the Board nominated by the Champagne and Aishihik First Nations shall not participate in the deliberations of the Board respecting the matters set out in 6.5.1 to 6.5.5 of Schedule C – Kluane National Part and Park Reserve of the Kluane First Nation Final Agreement.
  • 6.3 The Board may make recommendations to the Minister on all matters pertaining to the development and management of the Park and Park Reserve, including:
    • 6.3.1 routes, methods and modes of access for Harvesting within the CAFN Region;
    • 6.3.2 harvest limits and seasons for Harvesting in the CAFN Region;
    • 6.3.3 locations and methods of Harvesting within the CAFN Region;
    • 6.3.4 the management of Heritage Resources within the CAFN Region;
    • 6.3.5 revisions to the Park Management Plan;
    • 6.3.6 matters related to the development or management of the Park Reserve and Park forwarded to the Board by the Minister;
    • 6.3.7 proposed Park Reserve and Park boundary adjustments;
    • 6.3.8 co-ordinating the management of Fish and Wildlife populations which cross the boundary of the Park and Park Reserve with the Fish and Wildlife Management Board, affected Renewable Resources Councils and other responsible agencies;
    • 6.3.9 existing and proposed Legislation relating to the Park and Park Reserve; and
    • 6.3.10 designating or modifying a No Harvesting Zone in the CAFN Region.
  • 6.4 The provisions of 6.5 to 6.9.2 apply to recommendations made by the Board pursuant to 6.3.5 to 6.3.10.
    • 6.4.1 The provisions of 6.5 to 6.9.3 apply to recommendations made by the Board pursuant to 6.3.1 to 6.3.4
  • 6.5 Unless the Minister directs otherwise, all recommendations of the Board shall be kept confidential until the process in 6.6 to 6.9 has been completed or the time for the process has expired.
  • 6.6 The Minister, within 60 days of the receipt of a recommendation of the Board, may accept, vary, set aside or replace the recommendation. Any proposed variation, replacement or setting aside shall be sent back to the Board by the Minister with written reasons. The Minister may consider information and matters of public interest not considered by the Board.
    • 6.6.1 The Minister may extend the time provided in 6.6 by 30 days.
    • 6.6.2 Nothing in 6.6 shall be construed as limiting the application of 4.8.
  • 6.7 The Board within 30 days of the receipt of a variation, replacement or setting aside by the Minister pursuant to 6.6, shall make a final recommendation and forward it to the Minister with written reasons.
    • 6.7.1 The Minister may extend the time provided under 6.7.
  • 6.8 The Minister, within 45 days of receipt of a final recommendation, may accept or vary it, or set it aside and replace it.
    • 6.8.1 The Minister shall provide the Board with notice of the Minister’s final decision under 6.8.
  • 6.9 Government shall, as soon as practicable, implement:
    • 6.9.1 all recommendations of the Board that are accepted by the Minister under 6.6;
    • 6.9.2 all decisions of the Minister under 6.8; and
    • 6.9.3 subject to 6.9.1 and 6.9.2, all recommendations of the Board pursuant to 6.3.1 to 6.3.4 after expiry of the time provided in the process set out in 6.5 to 6.8.
  • 6.10 Where the Board does not carry out one of its responsibilities, the Minister, after giving notice to the Board, may carry out that responsibility.
  • 6.11 The Board shall make reasonable provisions for public involvement in the development of its recommendations.

7.0 CAFN Region Planning and Management

  • 7.1 Subject to the terms of this schedule, the CAFN Region shall be planned and managed according to the Canada National Parks Act, S.C. 200 c.32.
  • 7.2 Any management plan or policy for the CAFN Region shall:
    • 7.2.1 recognize the rights under this schedule of Champagne and Aishihik People to Harvest for Subsistence;
    • 7.2.2 provide for the protection of Fish and Wildlife habitat as a first priority;
    • 7.2.3 minimize interference to natural processes so that ecosystems and their associated plant and animal species will continue to evolve naturally;
    • 7.2.4 be applied in a manner that allows the continuation of natural Fish and Wildlife population levels;
    • 7.2.5 place particular emphasis on control, timing and location of visitor activities and Harvesting by Champagne and Aishihik People in order to ensure visitor safety and avoid conflicts; and
    • 7.2.6 recognize the long association of the Champagne and Aishihik First Nations with the area comprising the CAFN Region and the Champagne and Aishihik First Nations past and present use of it.
  • 7.3 Government shall ensure that information it issues regarding the CAFN Region shall recognize the long association of the Champagne and Aishihik First Nation with the area comprising the CAFN Region and the Champagne and Aishihik First Nations past and present use of it.
  • 7.4 Sport Fishing may be permitted according to Canada National Parks Act, S.C. 2000 c.32, while recognizing that the right of Champagne and Aishihik People to Harvest Fish in the CAFN Region for Subsistence is a higher priority than Sport Fishing.
  • 7.5 Government shall make best efforts to coordinate the management of Fish and Wildlife in the CAFN Region with agencies responsible for the management of Fish and Wildlife outside the Part and Park Reserve.

8.0 Heritage Resources

  • 8.1 The ownership of Moveable Heritage Resources and Documentary Heritage Resources found in the CAFN Region shall be determined in accordance with Chapter 13 – Heritage.
  • 8.2 In accordance with Government procedures on access to and duplication of records, and subject to access to information, protection of privacy and copyright Legislation and to any agreements respecting records or the information contained in them, Government shall provide the Champagne and Aishihik First Nations with a listing of all Heritage Sites directly related to the culture and heritage of the Champagne and Aishihik People, including information on their location and character, that are located within the CAFN Region and which have been documented at the Effective Date of this Agreement.
  • 8.3 In accordance with Government procedures on access to and duplication of records, and subject to access to information, protection of privacy and copyright Legislation and to any agreements respecting records or the information contained in them, Government, within existing budgets, shall facilitate the preparation of an inventory of Moveable Heritage Resources and Heritage Sites within the CAFN Region which relate to the Champagne and Aishihik First Nations.
  • 8.4 Government agrees that the Southern Tutchone language shall be included in any interpretive displays and signage that may be erected in the CAFN Region related to the history and culture of the Champagne and Aishihik First Nations.
  • 8.5 When considering the naming or renaming of places or features located within the CAFN Region, the responsible agency shall consult with the Champagne and Aishihik First Nations.
  • 8.6 There shall be no access by Park visitors to Champagne and Aishihik First Nations Burial Sites in the CAFN Region without the express written consent of the Champagne and Aishihik First Nations.

9.0 Economic Opportunities

  • 9.1 Canada, after consultation with the Champagne and Aishihik First Nations, shall establish hiring procedures and policies with the objecting that the ratio of Yukon Indian People employed in public service positions in the CAFN Region and the Park Reserve is at least equal to the ratio of the Yukon Indian People to the total population within the Champagne and Aishihik First Nations Traditional Territory.
  • 9.2 Subject to any commercial horse riding operation existing in the CAFN Region at the time of the Effective Date of this Agreement, the Champagne and Aishihik First Nations shall have the exclusive opportunity to provide commercial horse riding operations that may be permitted within the CAFN Region.
    • 9.2.1 The opportunity referred to in 9.2 shall include the opportunity to establish the use staging areas within the CAFN Region provided such uses conform to the Park Management Plan.
  • 9.3 The Parks Canada Agency shall provide the Champagne and Aishihik First Nations with a right of first refusal to accept an contract offered by the Parks Canada Agency for the use of horses in the CAFN Region, which right of first refusal shall be offered in the following manner:
    • 9.3.1 the Parks Canada Agency shall provide notice to the Champagne and Aishihik First Nations specifying the terms and conditions of the contract;
    • 9.3.2 where the Champagne and Aishihik First Nations does not tender acceptance, the Parks Canada Agency may offer the contract publicly on the same terms and conditions specified in the notice pursuant to 9.3.1; and
    • 9.3.3 if the contract offered publicly is not accepted, the Parks Canada Agency may re-offer the contract on new terms and conditions in accordance with the procedure set out in 9.3.
  • 9.4 The Parks Canada Agency shall provide the Champagne and Aishihik First Nations with a right of first refusal to accept any contract offered by the Parks Canada Agency for the construction of trails or construction or maintenance of roads in the CAFN Region, which right of first refusal shall be offered in the following manner:
    • 9.4.1 the Parks Canada Agency shall provide notice to the Champagne and Aishihik First Nations specifying the terms and conditions of the contract;
    • 9.4.2 where the Champagne and Aishihik First Nations does not tender acceptance within 30 days, the Parks Canada Agency may offer the contract publicly on the same terms and conditions specified in the notice pursuant to 9.4.1; and
    • 9.4.3 if the contract offered publicly is not accepted, the Parks Canada Agency may re-offer the contract on new terms and conditions in accordance with the procedure set out in 9.4.
  • 9.5 Public information programs which primarily relate to Yukon First Nation history or culture and which are part of the Park’s interpretive program, may include the sale by Champagne and Aishihik People of traditional handicrafts.
  • 9.6 The Champagne and Aishishik First Nation shall have the right of first refusal to any new licences issued by the Parks Canada Agency for the commercial operation of private sector motor-assisted boat tours permitted in the CAFN Region under the Park Management Plan.
    • 9.6.1 The motor-assisted boat tours referred to in 9.6 do not include commercial rafting operations which may be carried on in the CAFN Region.
  • 9.7 The Champagne and Aishihik First Nations shall have the right of first refusal to any new licence or permit issued by the Parks Canada Agency for commercial operation of a regularly scheduled motor vehicle shuttle service to destinations within the CAFN Region permitted by the Park Management Plan.
    • 9.7.1 In this section, motor vehicle means land based motor assisted vehicular transportation.
  • 9.8 The Champagne and Aishihik First Nations shall have the right of first refusal to any new licence or permit issued by the Parks Canada Agency to develop and operate any retail outlets which may be permitted in Parks Canada Agency facilities located in the Champagne and Aishihik First Nations Traditional Territory.
  • 9.9 If the Parks Canada Agency establishes a quota for commercial river rafting opportunities which originate and finish on the Alsek River, the Champagne and Aishihik First Nations shall have a right of first refusal to acquire new licences or permits as follows:
    • 9.9.1 in the first year that the Parks Canada Agency establishes a quota, the Parks Canada Agency shall offer to the Champagne and Aishihik First Nations:
      • 9.9.1.1 the number of licences or permits equal to 25 percent of the quote issued by the Parks Canada Agency, less the number of licences or permits which are required to allow existing operations which are held by a Champagne and Aishihik Firm to operate at their then existing level, or
      • 9.9.1.2 the number of licences or permits which remains after the then existing operators which have commercial river rafting opportunities which start and finish on the Alsek River have received the permits or licences which are required to allow the existing operators to operate at their then existing level whichever is less; and
    • 9.9.2 in the second year, and each year thereafter, the Parks Canada Agency shall offer to the Champagne and Aishihik First Nations any new licences or permits issued by the Parks Canada Agency from time to time until the Champagne and Aishihik First Nations and Champagne and Aishihik Firms together have been allocated 25 percent of the quota in effect from time to time.

10.0 Conditions

  • 10.1 The Parks Canada Agency shall Consult with the Board in deciding whether they should be a limit, or a change to an existing limit, on the number of licences or permits for commercial wilderness rafting opportunities in the CAFN Region, and on any terms and conditions or changes to the terms and conditions that should apply to those licences or permits.
  • 10.2 The Champagne and Aishihik First Nations may enter into joint ventures or other arrangements with other Persons to use a licence or permit allocated to the Champagne and Aishihik First Nations pursuant to 9.0.
  • 10.3 Subject to 10.3.2, the Champagne and Aishihik First Nations shall apply to the Parks Canada Agency within one year of the offer of a licence or permit under 9.0 failing which the right of refusal for that licence or permit shall lapse.
    • 10.3.1 A licence or permit in respect of which a right of first refusal has lapsed under 10.3 shall not be considered a licence or permit offered to the Champagne and Aishihik First Nations under 9.0.
    • 10.3.2 The provisions of 10.3 do not apply to 9.2.
  • 10.4 The Parks Canada Agency shall issue to the Champagne and Aishihik First Nation a licence or permit offered to it under 9.0 upon application of the Champagne and Aishihik First Nations provided that the Champagne and Aishihik First Nations satisfies the requirements in effect from time to time applicable to other applicants for the issuance of such a licence or permit.
  • 10.5 A renewal or assignment of a licence or permit shall not be considered a new licence or permit for the purpose of the calculating the number of licences or permits required to be offered under 9.0.
  • 10.6 Nothing in 9.0 shall be construed to obligate the Parks Canada Agency to replace any licence or permit obtained by the Champagne and Aishihk First Nations under the provisions of 9.0 which the Champagne and Aishihik First Nations has sold or assigned.
  • 10.7 Nothing in 9.0 shall be construed to prevent the Champagne and Aishihik First Nations or a Champagne and Aishihik Person from acquiring additional licences for permits through the normal regulatory process in the CAFN Region.
  • 10.8 Any Party to this Agreement may refer any dispute respecting the application of 9.0 to the dispute resolution process under 26.4.0.
  • 10.9 Where mediation under 26.4.0 does not result in agreement, the Minister may decide the issue.
  • 10.10 The right of first refusal pursuant to 9.9 shall expire on January 1, 2016, unless the parties to this Agreement agree to extend the period of the application of that provision.

Replaced – P.C. 2009-134 – January 29, 2009

Schedule II

Add the following clause to the Champagne and Aishihik First Nations Final Agreement, Schedule B Resolution of Overlapping Claims to chapter 2:

"8.0 Alternative Proposals

8.1 Nothing in this schedule shall limit the ability of the parties to this Agreement and Kluane First Nation from agreeing to arrangement other than as set forth in 2.0 for resolving any overlapping claim, right, title and interest in a KFN-CAFN Overlapping Area."

Date modified: