Amendment to the Carcross/Tagish First Nation Final Agreement Implementation Plan

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Among:

Her Majesty the Queen in Right of Canada
as represented by the Senior Assistant Deputy Minister of the Department of Indian Affairs and Northern Development ("Canada");

And:

The Carcross/Tagish First Nation
as represented by Kha Shade Heni Danny Cresswell ("CTFN");

And:

The Government of Yukon
as represented by the Assistant Deputy Minister, Aboriginal Relations Division, Executive Council Office ("Yukon");

(the "Parties" to this Amendment Agreement).

Whereas:

  1. The Parties are also the parties to the Carcross/Tagish First Nation Final Agreement Implementation Plan ("CTFNFA Plan");
  2. Paragraph 7.1 of the CTFNFA Plan allows the Parties to amend the CTFNFA Plan by agreement at any time, and requires that that any such amendment be made in writing by the Parties;
  3. The Parties now wish to amend the CTFNFA Plan to reflect the outcome of recent negotiations regarding funding for the Carcross Renewable Resources Council;

Now Therefore, the Parties agree that the CTFNFA Plan is amended as follows:

  1. Paragraph 4.6 is deleted and replaced with the following:
    • 4.6 Subject to any amendment of the CTFNFA Plan by the Parties, and subject to 4.88, the Yukon shall pay $144,657 (2014 constant dollars) per annum for the ten year period described in 4.7 to the Carcross Renewable Resources Council established pursuant to 16.6.0 of the CTFNFA. This payment will be subject to annual adjustments in the manner described in Part 6 of Schedule 1 of the Umbrella Final Agreement Implementation Plan.
  2. Paragraph 4.7 is deleted and replaced with the following:
    • 4.7 Subject to any amendment of the CTFNFA Plan by the Parties, the payment by Canada to the Yukon of the amount described in 4.6, or any amended amount required to be paid, represents the fulfilment of Canada's obligation to provide funding to the Carcross Renewable Resources Council for the ten year period running from April 1, 2014 to March 31, 2024, pursuant to 16.6.7 of the CTFNFA.
  3. Immediately following paragraph 4.8 a new clause is added as follows:
    • 4.8B Subject to any amendment of the CTFNFA Plan by the Parties, payment of the amount identified in 4.6 to the Carcross Renewable Resources Council shall be subject to annual approval pursuant to the annual budget review and approval process established in 16.6.7 of the CTFNFA. A carryover of 15% of the annual allocation will be permitted; any amount over this will be treated as surplus and will be recovered by Government. The funding arrangement established pursuant to 4.8 shall address the 15% carryover and process for recovery.
  4. This Amendment Agreement may be executed in any number of counterparts, each of which shall be deery~ed to be an original, but all of which together shall constitute one and the same document, and the date of this Amending Agreement shall be deemed to be the date on which the last party signs.

Signed__________, on the 20th day of February, 2015

Her Majesty the Queen in Right of Canada:

Joe Wild______________________________
Senior Assistant Deputy Minister
Treaties and Aboriginal Government
Aboriginal Affairs and Northern Development Canada

Witness______________________________

Signed__________, on th_________day of _________, 2014

The Carcross!Tagish First Nation:

Danny Cresswell
Khà Shâde Héni______________________________

Witness______________________________

Signed in Carcross, on the 14th day of November, 2014

The Government of Yukon:

Karyn Armour______________________________
Assistant Deputy Minister
Aboriginal Relations Division
Executive Council Office

Witness______________________________

Signed__________, on the 20th day of February, 2015

Her Majesty the Queen in Right of Canada:

Joe Wild______________________________
Senior Assistant Deputy Minister
Treaties and Aboriginal Government
Aboriginal Affairs and Northern Development Canada

Witness______________________________

Signed,__________, on the_________ day of_________ , 2014

The Carcross/Tagish First Nation:

Danny Cresswell Kha Shade Hemi
______________________________

Witness______________________________

Signed, Whitehorse, YT, on the 20th day of June, 2014

The Government of Yukon:

Karyn Armour______________________________
Assistant Deputy Minister
Aboriginal Relations Division
Executive Council Office

Witness______________________________

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