Agreement to Extend the Rights of Refusal and the Provisions Regarding Project Agreements in the Champagne and Aishihik First Nations Final Agreement Chapter 22, Schedule A

Among:

The undersigned
CHAMPAGNE AND AISHIHIK FIRST NATIONS ("CAFN")
As represented by the Chief

AND

YUKON GOVERNMENT ("YG")
As represented by the Prime Minister

AND

GOVERNMENT OF CANADA ("Canada")
As represented by the Minister of Indian Affairs
and Northern Development
(Being collectively the "Parties" to this Agreement (the "Agreement")

WHEREAS:

  1. Chapter 22, Schedule A, Part I, 2.2 of the CAFN Final Agreement (the "CAFN FA") provides that where the Yukon has the jurisdiction to issue a Decision Document for a project in the Traditional Territory of the Champagne and Aishihik First Nation which is reviewed by a panel of YDAB, the Yukon Minister may require in the Decision Document that the Project proponent, the CAFN, and the Yukon negotiate a Project agreement.
  2. The provisions providing for a Project agreement referenced above shall expire on January 1, 2016 pursuant to Chapter 22, Schedule A, Part I, 2.4 of the CAFN FA unless the parties to the CAFN FA agree to extend the period of the application of 2.2
  3. Chapter 22, Schedule A, Part II, 1.0 of the CAFN FA provides that the Champagne and Aishihik First Nations shall have the right of first refusal to acquire new commercial freshwater fishing permits or licences in the Champagne and Aishihik First Nations Traditional Territory until the Champagne and Aishihik First Nations and Aishihik Firms (as defined in the CAFN FA) together have been allocated 25 percent of commercial freshwater quota in the Champagne and Aishihik First Nations Traditional Territory.
  4. Chapter 22, Schedule A, Part II, 2.0 of the CAFN FA provides that if Government establishes a quota for a sector of the commercial wilderness adventure travel industry in the Champagne and Aishihik First Nations Traditional Territory, the Champagne and Aishihik First Nations shall have a right of first refusal to acquire new licences or permits as set out in 2.0.
  5. Chapter 22, Schedule A, Part II, 2.0 of the CAFN FA provides that if Government establishes a quota for a sector of the commercial wilderness adventure travel industry in the Champagne and Aishihik First Nations Traditional Territory, the Champagne and Aishihik First Nations shall have a right of first refusal to acquire new licences or permits as set out in 2.0.
  6. Chapter 22, Schedule A, Part II, 4.0 of the CAFN FA provides that the Champagne and Aishihik First Nations Traditional Territory shall have a right of first refusal to acquire the first outfitting concession which may be established in the Champagne and Aishihik First Nations Traditional Territory after the Effective Date of the CAFN Final Agreement.
  7. The right of first refusal referred to in Chapter 22, Schedule A, Part II, 1.0, 2.0, 3.0 and 4.0 of the CAFN FA expires, pursuant to Chapter 22, Schedule A Part II, 6.10 of the CAFN FA, on January 1, 2016 unless the parties to the CAFN FA agree to extend the application of the provisions.

THEREFORE

1.0 Extension of Provisions

1.1 The Parties agree, pursuant to Chapter 22, Schedule A, Part I, 2.4 of the CAFN FA, to extend the period of the application of Chapter 22, Schedule A, Part I, 2.2 of CAFN FA for a period of five years beyond the date of expiry, i.e. to January 1, 2021.

1.2 The Parties agree, pursuant to Chapter 22, Schedule A, Part II, 6.10 of the CAFN FA, to extend the right of first refusal provisions of Chapter 22, Schedule A, Part II, 1.0, 2.0, 3.0 and 4.0 of the CAFN FA for a period of five years beyond the date of expiry, i.e. to January 1, 2021.

1.3 The Parties agree to review this Agreement prior to its expiration

2.0 Signatures

2.1 The Agreement may be signed in counterparts, including by facsimile transmission or other electronic means, including via PDF, each of which when signed will be deemed to be an original and the counterparts together will be one document.

Signed at Haines Junction on the 1st day of October, 2015 by:

Chief Steve Smith: (Signature) ______________
On behalf of Champagne and Aishihik First Nations

Witness: (Signature) ______________

Signed at Whitehorse, YT on the 9th day of November, 2015 by:.

Premier Darrell Pasloski:     (Signature) ______________
On behalf of Yukon Government

Witness: (Signature) ______________

Signed at Gatineau on the 7th day of December, 2015 by:

The Honorable: (Signature) ______________
Minister of Indian Affairs and Northern Development
On behalf of the Government of Canada

Witness: (Signature) ______________

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