Teslin Tlingit Council Final Agreement Implementation Plan

TTFA 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 Teslin Tlingit Council (hereinafter referred to as "TTC");

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 Teslin Tlingit Council Final Agreement on the 29th day of May, 1993 (such document being hereinafter referred to as the "TTFA");

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

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

NOW THEREFORE, the Parties agree as follows:

Interpretation of the TTFA Plan

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

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

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

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

Legal Status of the TTFA Plan

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

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 TTFA Plan shall be read together.

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

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

Contents of the TTFA Plan

10. The TTFA 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 TTFA;

10.2 Annex B: Arrangements in respect of the: Regional Land Use Planning Commission; Teslin 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 TTFA Plan and the TTC Self-Government Agreement Implementation Plan.

Implementation Funding

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

11.1 $373,589 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 TTC 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 TTC for the period of time identified in the Financial Transfer Agreement.

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

14. The Yukon, following consultation with the TTC, shall establish funding arrangements with the Teslin 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 Teslin 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 TTC 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 TTFA.

17. Notwithstanding the provisions of paragraph 11.3, Government may enter into agreements with the TTC 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 TTFA. Notwithstanding the provisions of paragraph 12, Government may enter into agreements with the Renewable Resources Council to provide funding for any projects, activities and responsibilities to be undertaken by the Renewable Resources Council, in addition to the projects, activities and responsibilities reflected in an annual budget approved by Government pursuant to TTFA 2.12.2.8.

Implementation Plan Monitoring

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

Implementation Plan Review

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

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

19.2 in the ninth fiscal year following the Effective Date of the TTFA; 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 TTFA Plan at any time, and any amendment to the TTFA Plan shall be made in writing by the Parties.

22. The Parties shall consider whether to amend the TTFA 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 TTFA Plan. Financial resources provided pursuant to the amendment of the TTFA Plan shall be provided in the manner described in the amended TTFA Plan.

Effective Date of the Plan

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

IN WITNESS WHEREOF we, the duly authorized representatives of the Parties, have affixed our signatures hereunder as of this 29th day of May, 1993.

Acronyms

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 & Ressources

LTO

Land Titles Office

NEB

National Energy Board

NTS

National Topographic Series

RLUPC

Regional Land Use Planning Commission

RRC

Renewable Resources Council

SGA

Self-Government Agreement

SLC

Settlement Land Committee

SMA

Special Management Area

SRB

Surface Rights Board

SSC

Salmon Sub-Committee

TAC

Total Allowable Catch

TTC

Teslin Tlingit Council

TTFA

Teslin Tlingit Council Final Agreement

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 – Specific Activities, Projects and Measures

This Annex refers to the implementation of selected generic and specific provisions of the Teslin Tlingit Council 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 Teslin Tlingit Council Final Agreement to be addressed prior to the effective date of Settlement Legislation or in the negotiation or ratification of the Teslin Tlingit Council Final Agreement.

Project:
UFA amendment

Responsible Party:
TTC

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

Planning Assumptions

1. This Activity Plan describes procedure with respect to the activities of TTC in respect of UFA amendments. The fourth activity indicates that TTC requirement 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 TTC of an affirmative response to a proposal for amendment to be addressed.
2. It is expected that TTC 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 UFA.

Project:
Amendment of Teslin Tlingit Council Final Agreement

Responsible Party:
Canada, Yukon, Teslin Tlingit Council

Participant/Liaison:

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

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

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

Specific Provision

(a) The Minister of Indian Affairs and Northern Development may consent, on behalf of Canada, to any amendment to a specific provision contemplated by 5.3.1, 5.15.1, 5.15.2, 6.1.2, 6.1.8 or 16.11.4 of this Agreement, to any amendment to Appendix A – Settlement Land Descriptions, attached to this Agreement, and to any amendment to Schedule B – Category 1 and 2 Traplines, attached to Chapter 16 – Fish and Wildlife.

(b) The Governor in Council may delegate to the Minister of Indian Affairs and Northern Development the authority to consent, on behalf of Canada, to amend other specific provisions of this Agreement.

the Yukon, by the Commissioner in Executive Council, except where expressly provided in a Yukon First Nation Final Agreement; and

Specific Provision

(a) The Yukon Minister responsible for land claims agreements may consent, on behalf of the Yukon, to any amendment to a specific provision contemplated by 5.3.1, 5.15.1, 5.15.2, 6.1.2, 6.1.8 or 16.11.4 of this Agreement, to any amendment to Appendix A – Settlement Land Descriptions, attached to this Agreement, and to any amendment to Schedule B – Category 1 and 2 Traplines, attached to Chapter 16 – Fish and Wildlife.

(b) The Commissioner in Executive Council may delegate to the Yukon Minister responsible for land claims agreements the authority to consent, on behalf of the Yukon, to amend other specific provisions of this Agreement.

a Yukon First Nation by a process set out in that Yukon First Nation Final Agreement.

Specific Provision

(a) Consent to any amendment pursuant to 2.3.4 may only be given on the part of the Teslin Tlingit Council by a resolution of the Teslin Tlingit Council General Council.

(b) The Teslin Tlingit Council General Council shall provide Government with a certified copy of any resolution consenting to an amendment pursuant to 2.3.5.3 (a), and Government shall be entitled to rely on that resolution as conclusive evidence of compliance with 2.3.5.3 (a).

Amendments to a Yukon First Nation Final Agreement shall be published in the Canada Gazette, the Yukon Gazette and the Yukon First Nation registry of laws established pursuant to that Yukon First Nation's self-government agreement.

Referenced Clauses:
2.3.4, 2.3.5, 2.3.6

Project:
Teslin Tlingit Council legal entities

Responsible Party:
Teslin Tlingit Council

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 Teslin Tlingit Council 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 Teslin Tlingit Council, provided any transfer does not adversely affect the exercise of rights, obligations and liabilities set out in this Agreement.

The Teslin Tlingit Council, 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 Teslin Tlingit for any damage or loss suffered by Teslin Tlingit as a result of the failure of the Teslin Tlingit Council or any entity referred to in 2.11.7.1 to comply with an obligation under this Agreement.

Referenced Clauses:
2.11.7

Project:
Resolution of overlapping claims

Responsible Party:
Teslin Tlingit Council

Participant/Liaison:
Yukon First Nations with Overlapping Area, Yukon and Canada

Obligations Addressed:
The Teslin Tlingit Council 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

Project:
Resolution of overlapping claims – Panel of Elders

Responsible Party:
Teslin Tlingit Council, 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 Teslin Tlingit Council may agree with an Overlapping Yukon First Nation to establish a panel of elders to consider and make recommendations to those Yukon First Nations on a Contiguous Boundary.

A panel of elders referred to in 2.3 shall make its recommendations in writing no later than the earliest date when a dispute may be referred to the dispute resolution process pursuant to 3.1. The costs of the panel shall be paid by the Yukon First Nations appointing the panel.

A recommendation of a panel on the location of Contiguous Boundary which is accepted by the Teslin Tlingit Council 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

Project:
Resolution of overlapping claims – Dispute Resolution

Responsible Party:
Teslin Tlingit Council, 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 Teslin Tlingit Council and the Overlapping Yukon First Nation agree to refer the matter to the dispute resolution process under 26.3.0.

A person appointed 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 Teslin Tlingit Council, in addition any 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

Project:
Final Agreements with Overlapping Yukon First Nations

Responsible Party:
Government, Teslin Tlingit Council

Participant/Liaison:
Overlapping YFNs

Obligations Addressed:
Government shall make best efforts:

• to ensure that provisions substantially the same as this schedule are included in the Yukon First Nation Final Agreement of an Overlapping Yukon First Nation; and
• to conclude the Yukon First Nation Final Agreement of each Overlapping Yukon First Nation within 10 years of the Effective Date of this Agreement.

Government shall not agree in an Overlapping Yukon First Nation Final Agreement to provisions which resolve conflicts or inconsistencies between that Yukon First Nation Final Agreement and this Agreement in any manner other than as set out in this schedule, without the consent of the Teslin Tlingit Council.

Referenced Clauses:
Chapter 2 Schedule B 5.2, 5.3

Project:
Traplines in Overlapping Area

Responsible Party:
Teslin Tlingit Council

Participant/Liaison:
Overlapping Yukon First Nation

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

• more than 50 percent of that trapline is situated in the Teslin Tlingit Council Traditional Territory; or
• the Teslin Tlingit Council and the Overlapping Yukon First Nation agree.

Referenced Clauses:
Chapter 2 Schedule B 6.1;

Cross reference 16.11.0

Project:
Consultation on specified matters in Overlapping Area

Responsible Party:
Government

Participant/Liaison:
Teslin Tlingit Council

Obligations Addressed:
Government shall Consult with the Teslin Tlingit Council respecting any matter in an Overlapping Area which may affect the rights of Teslin Tlingit or the Teslin Tlingit Council 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

Project:
TTC enrollment responsibilities – After the dissolution of an Enrollment Committee

Responsible Party:
TTC

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

Project:
Continuation of enrollment

Responsible Party:
TTC

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

Project:
Cancel reservation or notation to Lands Set Aside

Responsible Party:
Canada

Participant/Liaison:
TTC

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

Project:
Identification of other Reserves

Responsible Party:
Teslin Tlingit Council, Minister of Indian Affairs and Northern Development, Governor in Council, Yukon

Participant/Liaison:

Obligations Addressed:
Where the Minister of Indian Affairs and Northern Development accepts for negotiation, prior to March 31, 1994, any one or more of the specific claim made by the Teslin Tlingit Council for a declaration that the land at:

• Teslin, designated as C-6B/D and C-33B/D on the Reference Plan of Teslin, dated December 14, 1992, in Appendix B – Maps, which forms a separate volume to this Agreement, being the land described in Orderin- Council P.C. 1953-935 as amended by Order-in- Council P.C. 1960-987,

is a Reserve for the Teslin Tlingit Council and the Minister, as part of settlement of the claim, proposes to recommend to the Governor in Council that it either recognize that land to be a Reserve or set it apart as a Reserve for the Teslin Tlingit Council, the Teslin Tlingit Council:

• (a) notify the Minister that it elects to retain that land as Settlement Land, or
• (b) notify the Minister that it wishes the Minister to make the recommendation to the Governor in Council, and if the Governor in Council recognizes that land to be a Reserve for the Teslin Tlingit Council, that land shall be retained as a Reserve pursuant to 4.1.1.1, and shall cease to be Settlement Land.

If the Teslin Tlingit Council notifies the Minister under 4.3.6.1(b), the parties to this Agreement shall negotiate whether, and to what extent, the exceptions and reservations referred to in 5.4.2 apply to that land.

Referenced Clauses:
4.3.6.2;

Cross reference 5.4.2

Project:
Registration of title to Fee Simple Settlement Land

Responsible Party:
Land Titles Office or any successor

Participant/Liaison:
TTC

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)

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 TTC to provide the LTO with any other information it requires to complete that title transfer.
2. In some cases fee simple title may have been originally registered in the LTO using only Metes and Bounds descriptions. This is no longer accepted as an adequate description with which to register a parcel of land in fee simple title. These parcels will be surveyed in accordance with Chapter 15.

Project:
Registration of fee simple title in Mines and Minerals in and under Category A Settlement Lands

Responsible Party:
Land Titles Office or any successor

Participant/Liaison:
TTC, Mining Recorder

Obligations Addressed:
Each Yukon First Nation shall register in the Land Titles Office as soon as practicable its Title to fee simple 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)

Planning Assumption

1. Survey of Category A Settlement Land, as necessary to register the Mineral interest, will be required in order to register the fee simple title to the Mines and Minerals in and under Category A Settlement Land.

Project:
Define boundaries of Settlement Land; deposit plans of survey in Land Titles Office and in TTC lands system(s)

Responsible Party:
Canada

Participant/Liaison:
TTC, Land Titles Office or any successor.

Obligations Addressed:
The boundaries of the Settlement Land of a Yukon First Nation shall be defined pursuant to Chapter 15 – Definition of Boundaries and Measurement of Areas of Settlement Land.

Plans of survey confirmed in accordance with Chapter 15 – Definition of Boundaries and Measurement of Areas of Settlement Land shall be deposited in the Land Titles Office and any system established under 5.5.1.4 applicable to the Settlement Land dealt with in the survey.

Referenced Clauses:
5.3.2, 5.3.3

Planning Assumption

1. The LTO will develop a system for receiving plans of survey deposited pursuant to this clause.

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

Responsible Party:
Canada

Participant/Liaison:
TTC

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

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:
TTC

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 TTC 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

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 TTC – Encumbering Rights

Responsible Party:
Canada, Yukon

Participant/Liaison:
TTC

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

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:
TTC

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

Project:
Cancellation and replacement of Encumbering Rights

Responsible Party:
TTC

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

Project:
Discovery of information subject to disclosure

Responsible Party:
Government and/or TTC

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

Project:
Reacquisition of Settlement Land

Responsible Party:
TTC

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

Project:
Deregistration of Category A and Category B Settlement Land

Responsible Party:
TTC

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

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

Responsible Party:
TTC

Participant/Liaison:
Surface Rights Board

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

Referenced Clauses:
5.15.5, 5.15.0;

Cross reference 5.15.0

Project:
Consent for establishment of permanent camp on Waterfront Right-of-Way

Responsible Party:
TTC, 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

Project:
Agreement to amend, revoke or reinstate a right of access provided by a Settlement Agreement

Responsible Party:
TTC, 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

Project:
Right of access for outfitting concession holders

Responsible Party:
TTC

Participant/Liaison:

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

Nothing in 6.1.2.1 shall be constued to prevent the Teslin Tlingit Council 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

Project:
Determining liability of TTC on Undeveloped Settlement Land

Responsible Party:
TTC

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

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

Responsible Party:
TTC

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

Project:
Conditions of access

Responsible Party:
TTC

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

Project:
Designation of Undeveloped Settlement Land to be Developed Settlement Land and Developed Settlement Land to be Undeveloped Settlement Land

Responsible Party:
TTC

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, TTFA Appendix A 3.2.2

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:
TTC

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

Project:
Right of access to cross Undeveloped Settlement Land

Responsible Party:
TTC

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

Project:
Consent to changes in terms or conditions relating to access of a licence, permit or other right of access

Responsible Party:
TTC

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

Project:
Reference to Surface Rights Board

Responsible Party:
TTC

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

Project:
Exercise of right of access by Government for no more than 120 days

Responsible Party:
Government

Participant/Liaison:
TTC

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

Planning Assumption

1. The Parties agree that Government and TTC 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:
TTC

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

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:
TTC

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

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:
TTC

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

Project:
Liability for damage to Settlement Land

Responsible Party:
TTC

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

Project:
Department of National Defence right of access

Responsible Party:
Canada, TTC

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

Project:
Establishment of terms and conditions of access by TTC

Responsible Party:
TTC

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

Project:
Expropriation – Location and extent

Responsible Party:
Expropriating Authority

Participant/Liaison:
TTC, Government, SRB or NEB

Obligations Addressed:
This chapter applies only to the expropriation of an interest in Settlement Land recognized in Law and held by a Yukon First Nation.

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

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

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

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

The board, committee, panel or other body referred to under 7.7.1 shall 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

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:
TTC, Surface Rights Board or National Energy Board

Obligations Addressed:
An Authority shall negotiate with the TTC 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

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

Responsible Party:
National Energy Board

Participant/Liaison:
TTC

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

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 the TTFA

Responsible Party:
Authority exercising Flooding Right

Participant/Liaison:
TTC

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

Project:
Compensation payable in relation to the exercise of a Flooding Right not identified in the TTFA

Responsible Party:
Authority exercising a Flooding Right

Participant/Liaison:
TTC, 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

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

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, TTC

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

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 TTFA

Responsible Party:
Yukon and Canada

Participant/Liaison:
Teslin Renewable Resources Council, TTC, 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

Project:
Proposed Special Management Areas which will adversely affect rights of the TTC under a Settlement Agreement

Responsible Party:
Canada, Yukon

Participant/Liaison:
TTC

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 or 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

Project:
Access to Special Management Area by Yukon Indian Person

Responsible Party:
Canada, Yukon

Participant/Liaison:
TTC

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

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 TTC

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

Project:
Preparation of management plan for each Special Management Area established pursuant to the TTFA

Responsible Party:
Canada or Yukon

Participant/Liaison:
Teslin Renewable Resources Council, Yukon Heritage Resources Board

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

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

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

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

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

Referenced Clauses:
10.5.2, 10.5.3, 10.5.4, 10.5.5, 10.5.6;

Cross reference 10.4.1, 10.6.1, 16.5.4, 16.8.0

Project:
Establish national wildlife area in the Nisutlin Delta

Responsible Party:
Canada

Participant/Liaison:

Obligations Addressed:
Canada shall establish a national wildlife area in the Nisutlin River delta (the "Area") pursuant to the Canada Wildlife Act, R.S.C. 1985, c. W-9 on the Effective Date of this Agreement.

Referenced Clauses:
Chapter 10 Schedule A 3.1

Project:
Removal of land from the Nisutlin Delta National Wildlife Area

Responsible Party:
Canada

Participant/Liaison:
Teslin Tlingit Council

Obligations Addressed:
No land forming part of the Area shall be removed from national wildlife area status under the Canada Wildlife Act, R.S.C. 1985, c. W-9, without the consent of the Teslin Tlingit Council.

Referenced Clauses:
Chapter 10 Schedule A 3.3.

Project:
Coordination of the management of Fish and Wildlife populations which cross the boundaries of the Area

Responsible Party:
Canada, Yukon, Teslin Tlingit Council, Teslin Renewable Resources Council, Fish and Wildlife Management Board

Participant/Liaison:

Obligations Addressed:
The responsible agencies, and the Board and Councils, shall make best efforts to coordinate the management of Fish and Wildlife populations which cross the boundary of the Area.

Referenced Clauses:
Chapter 10 Schedule A 6.2

Project:
Preparation of a management plan for the Nisutlin Delta National Wildlife Area

Responsible Party:
Canada, Teslin Renewable Resources Council

Participant/Liaison:

Obligations Addressed:
The management plan for the Area shall be prepared jointly by the Teslin Renewable Resources Council and the Canadian Wildlife Service and recommended to the Minister within 22 months of the Effective Date of this Agreement.

If the Teslin Renewable Resources Council and the Canadian Wildlife Service are unable to agree within 22 months on part or all of the contents of the management plan, they shall, within a further period not exceeding 60 days, jointly identify the outstanding matters and refer them to the Minister together with that part, if any, of the management plan which has been prepared and is being recommended.

The Minister shall consider and decide the matters recommended or referred to the Minister pursuant to 7.1 within 60 days of the recommendation or referral.

The Minister may extend the time provided in 7.2 by 30 days.

The Minister shall forward his decision under 7.2 to the Teslin Renewable Resources Council and to the Canadian Wildlife Service in writing and the plan shall be implemented in accordance with 6.1.

Government shall implement as soon as practicable the management plan established pursuant to 7.0.

Referenced Clauses:
Chapter 10 Schedule A 7.0;

Cross reference Chapter 10 Schedule A 6.1, 8.0

Planning Assumption

1. At the initial meeting held regarding the development of the management plan, participants should address the preparation of a workplan, and the determination of a process by which CWS and the Teslin Renewable Resources Council will work together.

Project:
Review and amendment of the management plan

Responsible Party:
Canada and Teslin Renewable Resources Council

Participant/Liaison:

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

Any proposed amendments to the management plan shall be referred before approval to the Teslin Renewable Resources Council for its review and recommendations.

The provisions of 16.8.0 shall apply in respect of any recommendations made pursuant to 9.2.

Referenced Clauses:
Chapter 10 Schedule A 9.0;

Cross reference 16.8.0

Project:
Nominees to a Regional Land Use Planning Commission for region including any part of the Teslin Tlingit Council Traditional Territory

Responsible Party:
Government, Teslin Tlingit Council, other affected Yukon First Nations

Participant/Liaison:
Transboundary claimant group

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, in the event a Regional Land Use Planning Commission is established for a planning region which includes any part of the Teslin Tlingit Council Traditional Territory, it shall be composed of one-third nominees of the Teslin Tlingit Council and other Yukon First Nations whose Traditional Territories are included in the planning region, onethird nominees of Government, and one-third nominees appointed in accordance with 11.4.2.2.

Subject to 11.4.2.5, Government, the Teslin Tlingit Council and 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 Teslin Tlingit Council and 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 referred to in 11.4.2.1.

Failing agreement pursuant to 11.4.2.2 or determination under 11.4.2.3, Government, the Teslin Tlingit Council 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.

The form or level of representation from a transboundary claimant group on the Regional Land Use Planning Commission referred to in 11.4.2.1 shall be set out in its Transboundary Agreement.

Referenced Clauses:
11.4.2

Project:
Approval of regional land use plans by Government (Non-Settlement Land)

Responsible Party:
Minister

Participant/Liaison:
Regional Land Use Planning Commission, TTC, 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

Planning Assumption

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

Responsible Party:
TTC

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

Planning Assumption

1. To the extent practicable, Government and TTC 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 TTC

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 subregional 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

Planning Assumption

1. The joint preparation of sub-regional and /or district land use plans will occur in a manner consistent with Government and TTC policies which may be in place from time to time.

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

Responsible Party:
TTC

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

Planning Assumptions

1. Canada and Yukon will assist TTC 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 TTC Traditional Territory

Responsible Party:
TTC, 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

Planning Assumptions

1. Yukon and Canada will assist TTC to access existing funding programs, including those programs designed to develop facilities to display and house Heritage Resources.
2. Yukon is taking steps to access funding to provide proper and adequate facilities necessary to clean and restore Moveable Heritage Resources.

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

Responsible Party:
Government, Yukon First Nations

Participant/Liaison:
Yukon Indian People, Yukon Heritage Resources Board

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

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

Referenced Clauses:
13.4.1, 13.4.2;

Cross reference 13.5.3.5, 13.5.3.10, 13.1.0

Planning Assumptions

1. At discretion of YHRB, parties may consult with YHRB at any time during development of the terms of reference and/or of the plan.
2. The terms of reference may include:
   • an approach that recognizes the historical under-development of the Heritage Resources of Yukon Indian People;
   • criteria for evaluation of progress in achieving an equitable distribution of program resources by Government towards achieving the goals of 13.4.1 and 13.4.2;
   • development of long and short term goals, and priorities with respect to Heritage Resources development, management and equitable distribution of opportunities amongst Yukon First Nations and Traditional Territories;
   • role and participation of the parties in developing, monitoring, reviewing and amending the plan; and
   • such other matters as the parties may agree.
3. Prior to completion of the plan, the parties agree to work cooperatively to initiate steps towards achieving the objectives in 13.4.1 and 13.4.2.

Project:
The development of programs, staff and facilities to enable the repatriation of Moveable and Documentary Heritage Resources relating to Yukon Indian People

Responsible Party:
Canada, Yukon, TTC

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

Planning Assumptions

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

Responsible Party:
Canada, Yukon

Participant/Liaison:
TTC

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

Project:
The preparation of an inventory of Moveable Heritage Resources and Heritage Sites which relate to TTC

Responsible Party:
Canada, Yukon, TTC

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

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

Responsible Party:
YFNs, 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

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:
TTC

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

Planning Assumption

1. Government shall make best efforts to recognize and respect the sensitivity expressed by TTC pertaining to publication of such reports, consistent with 13.1.1.1.

Project:
The provision of a list of all Heritage Sites within the Traditional Territory of TTC

Responsible Party:
Yukon, Canada

Participant/Liaison:
TTC

Obligations Addressed:
Government shall provide the Teslin Tlingit Council with a listing of all Heritage Sites directly related to the culture and heritage of Teslin Tlingit, including information on their location and character, that are located within the Teslin Tlingit Council Traditional Territory and which have been documented by Government at the Effective Date of this Agreement.

Referenced Clauses:
13.8.1.2

Project:
The identification of Heritage Sites within the Traditional Territory of TTC.

Responsible Party:
Canada, Yukon

Participant/Liaison:
TTC

Obligations Addressed:
Government shall inform the Teslin Tlingit Council when land within the Teslin Tlingit Council Traditional Territory is identified by Government as a Heritage Site directly related to the culture and heritage of Teslin Tlingit.

Referenced Clauses:
13.8.1.3

Project:
The interim protection of a Heritage Site directly related to the culture and heritage of Teslin Tlingit

Responsible Party:
Canada, Yukon

Participant/Liaison:
TTC

Obligations Addressed:
When requested by the Teslin Tlingit Council, Government shall consider protection within existing Legislation for a period of time, of a Heritage Site directly related to the culture and heritage of Teslin Tlingit which is on Non-Settlement Land, Category B Settlement Land and Fee Simple Settlement Land within the Teslin Tlingit Council Traditional Territory, pending a decision by the Minister whether to designate the Heritage Site as a Designated Heritage Site.

Government shall Consult with the Teslin Tlingit Council regarding the terms and conditions of the temporary protection which might apply to the Heritage Site pursuant to 13.8.1.4.

Referenced Clauses:
13.8.1.4, 13.8.1.5

Planning Assumption

1. The above activities should be completed as expeditiously as possible so that where interim protection is deemed to be required, it can be secured without unnecessary delays.

Project:
The provision for the use of the Tlingit language in interpretive displays and signage.

Responsible Party:
Canada, Yukon, TTC

Participant/Liaison:

Obligations Addressed:
Management plans for Designated Heritage Sites directly related to the culture and heritage of Teslin Tlingit may provide for the use of Tlingit or other aboriginal languages in interpretive displays and signage.

Referenced Clauses:
13.8.1.6

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

Responsible Party:
Yukon, Canada, TTC

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

Project:
The issue of permits for research at Heritage Sites directly related to the culture and heritage of Teslin Tlingit.

Responsible Party:
Canada, Yukon

Participant/Liaison:
TTC

Obligations Addressed:
Government shall Consult the Teslin Tlingit Council before issuing a permit for research at a Heritage Site which is directly related to the culture and heritage of Teslin Tlingit in the Teslin Tlingit Council Traditional Territory.

Referenced Clauses:
13.8.3.1;

Cross reference 13.8.3

Project:
The control of access to Designated Heritage Sites

Responsible Party:
Canada, Yukon, TTC

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

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 TTC Settlement Land

Responsible Party:
TTC

Participant/Liaison:
Surface Rights Board

Obligations Addressed:
A Person who accidentally discovers a Heritage Resource on Teslin Tlingit Council Settlement Land shall take such steps as are reasonable in all circumstances to safeguard the Heritage Resource and shall report as soon as practicable that discovery to the Teslin Tlingit Council.

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

A Person described in 13.8.7.1 who is exercising a right of access or a right to use Teslin Tlingit Council Settlement Land provided for in this Agreement shall not further disturb a Heritage Site or a Moveable Heritage Resource unless permitted by Laws of General Application and that Person obtains:

• (a) the consent of the Teslin Tlingit Council; or
• (b) failing consent, an order of the Surface Rights Board setting out the terms and conditions of further disturbing of the Heritage Site or the Moveable Heritage Resource.

Referenced Clauses:
13.8.7.1, 13.8.7.2, 13.8.7.3

Project:
The protection of Documentary Heritage Resources that have been accidentally discovered on Settlement Land and reported to TTC.

Responsible Party:
Yukon, TTC

Participant/Liaison:

Obligations Addressed:
The Teslin Tlingit Council shall report, as soon as practicable, to Government the discovery of any Documentary Heritage Resource reported to the Teslin Tlingit Council under 13.8.7.1.

Government and the Teslin Tlingit Council 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 a Documentary Heritage Resource is a Non-Public Record, the Teslin Tlingit Council shall make reasonable efforts to determine if it is privately owned.

Referenced Clauses:
13.8.7.4, 13.8.7.5, 13.8.7.6;

Project:
The establishment of procedures to manage TTC Burial Sites on Settlement Land

Responsible Party:
TTC

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

Project:
The establishment of procedures to manage TTC Burial Sites on Non-Settlement Land

Responsible Party:
Government, TTC

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

Planning Assumption

1. During the development of procedures, the parties will exchange information on any known burial sites within the TTC Traditional Territory.

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

Responsible Party:
TTC

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

Project:
Development of policies and procedures re: the exhumation, examination and reburial of human remains

Responsible Party:
TTC

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

Project:
The provision of Documentary Heritage Resources in Government custody for copying by TTC

Responsible Party:
Government

Participant/Liaison:
TTC

Obligations Addressed:
In accordance with Government policies and procedures on access to and duplication of records, and subject to access to information, protection of privacy and copyright Legislation and to agreements respecting the records, Government shall make available to a Yukon First Nation, for copying, Documentary Heritage Resources in Government custody relating to that Yukon First Nation.

Referenced Clauses:
13.10.2;

Cross reference 13.4.8, 2.7.1

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

Responsible Party:
Yukon, Canada

Participant/Liaison:
Yukon First Nations, Yukon Indian Elders

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

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

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

Referenced Clauses:
13.10.4, 13.10.5 and 13.10.7;

Cross reference 13.3.1, 13.3.2, 13.10.3, 13.4.3

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 TTC by the Yukon Geographical Place Names Board

Responsible Party:
Yukon Geographical Place Names Board

Participant/Liaison:
TTC, 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

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:
TTC, Canada

Participant/Liaison:
Yukon Geographical Place Names Board

Obligations Addressed:
A Yukon First Nation may name or rename places or geographical features on Settlement Land and such place names shall be deemed to be approved by the Yukon Geographical Place Names Board.

Traditional aboriginal place names shall be included, to the extent practicable and in accordance with map production specifications of Canada, on revised maps of the National Topographic Series.

Referenced Clauses:
13.11.3, 13.11.4;

Cross reference 13.11.1

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 TTC.

Responsible Party:
Canada, Yukon

Participant/Liaison:
TTC

Obligations Addressed:
Government shall provide written notice to the Teslin Tlingit Council of any invitation for public tenders for contracts associated with the management of a Designated Heritage Site directly related to the history or culture of Teslin Tlingit within the Teslin Tlingit Council Traditional Territory.

The Teslin Tlingit Council 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 Teslin Tlingit within the Teslin Tlingit Council Traditional Territory.

Any failure to provide written notice pursuant to 13.12.1.1 shall not affect the public tender process or the contract awards resulting therefrom.

Any failure to provide a first opportunity pursuant to 13.12.1.2 shall not affect any fixed term contract entered into associated with the management of a Designated Heritage Site directly related to the history or culture of Teslin Tlingit within the Teslin Tlingit Council Traditional Territory.

Referenced Clauses:
13.12.1.1, 13.12.1.2, 13.12.1.3, 13.12.1.4;

Cross reference 13.12.1.6, 22.5.10

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 TTC.

Responsible Party:
Canada, Yukon

Participant/Liaison:
TTC

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 Teslin Tlingit in the Teslin Tlingit Council Traditional Territory:

• (a) a criterion for Teslin Tlingit employment; and
• (b) a criterion for special Teslin Tlingit knowledge or experience related to the Heritage Site.

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

Referenced Clauses:
13.12.1.5, 13.12.1.6;

Cross reference 13.12.1.1, 13.12.1.2

Planning Assumption

1. Yukon will seek input from TTC in developing criteria for Teslin Tlingit employment or for special Teslin Tlingit experience or knowledge.

Project:
Renewal or replacement of Water licences

Responsible Party:
TTC

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

Project:
Access to Settlement Land – With consent for exercise of a Water right

Responsible Party:
TTC

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

Project:
Compensation payable in relation to Licences existing on the date that land became Settlement Land

Responsible Party:
TTC

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

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:
TTC, 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

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:
TTC, 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

Project:
Survey of Settlement Land boundaries

Responsible Party:
Canada

Participant/Liaison:
Settlement Land Committee (SLC), 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

Planning Assumption

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

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

Responsible Party:
Canada

Participant/Liaison:
Settlement Land Committee (SLC), Yukon, TTC, 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

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

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, TTC, 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

Project:
Employment and economic opportunities – Surveying

Responsible Party:
Canada

Participant/Liaison:
Teslin Tlingit Council

Obligations Addressed:
In evaluating any competitive proposal, bid or tender for the survey of Teslin Tlingit Council Settlement Land, Canada shall include among the factors for consideration, Teslin Tlingit employment, Teslin Tlingit ownership or equity investment in the firm and in any subcontracting firm submitting the proposal, bid or tender.

The determination of the qualifications and experience appropriate for the survey of Teslin Tlingit Council Settlement Land shall be set out in the economic development opportunities plan required by 22.3.1.

(a) Government and the Teslin Tlingit Council may agree on the determination of qualifications and experience appropriate for the survey pending the completion of the economic development plan required by 22.3.1.

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

Referenced Clauses:
15.7.1.1, 15.7.1.2, 15.7.1.3; Cross Reference 22.3.1

Project:
Administration of survey contracts

Responsible Party:
Canada

Participant/Liaison:
TTC, 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

Project:
Consultation with TTC prior to imposition of a limitation in Legislation

Responsible Party:
Canada, Yukon

Participant/Liaison:
TTC

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

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 TTC and other affected Yukon First Nations in international negotiations

Responsible Party:
Canada

Participant/Liaison:
TTC 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

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, TTC

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 noncommercial 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

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, TTC, 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

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:
TTC

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

Project:
Consultation with TTC before taking action on Fish and Wildlife matters affecting TTC management responsibilities or exercise of harvesting rights

Responsible Party:
Canada, Yukon

Participant/Liaison:
TTC

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

Project:
Recommendations re: approval of proposed game farming or game ranching activities.

Responsible Party:
Renewable Resources Council

Participant/Liaison:
TTC

Obligations Addressed:
Subject to Yukon First Nation Final Agreements, and without restricting 16.6.9, each Council:

shall seek the consent of the Teslin Tlingit Council before recommending the approval of proposed game farming or game ranching activities in the Teslin Tlingit Council Traditional Territory, where, in the Council's opinion, the proposed game farming or game ranching would have an adverse effect on the Harvesting rights of Teslin Tlingit under this Agreement.

Referenced Clauses:
16.6.10.13

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

Project:
Provision of research results/information to Teslin Renewable Resources Council

Responsible Party:
Canada, Yukon, TTC

Participant/Liaison:
Teslin 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

Project:
Allocation of Total Allowable Harvest for moose

Responsible Party:
Yukon, TTC

Participant/Liaison:

Obligations Addressed:
In the event that a Total Allowable Harvest for moose in the Teslin Tlingit Council Traditional Territory is established in accordance with this Agreement, the allocation to the Teslin Tlingit Council shall be the first ten moose in the Total Allowable Harvest, 90 percent of the next 10 moose in the Total Allowable Harvest, 80 percent of the next 40 moose in the Total Allowable Harvest, and, thereafter, 75% of the Total Allowable Harvest until the Teslin Tlingit Council has been allocated the number of moose required to satisfy the Subsistence needs of Teslin Tlingit.

Referenced Clauses:
16.9.1.3

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

Responsible Party:
Yukon, TTC

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

Project:
Allocation of Freshwater Fish between TTC People and other users.

Responsible Party:
Yukon

Participant/Liaison:
TTC

Obligations Addressed:
The special Harvesting rights for Teslin Tlingit for Freshwater Fish for food are as follows:

• (a) Government shall take into account the special importance to the Teslin Tlingit Council of,
  • (i) Teslin Lake,
  • (ii) Squanga Lake,
  • (iii) Morley Lake,
  • (iv) Pine Lake,
  • (v) Wolf Lake,
  • (vi) Hermit Lake, and
  • (vii) Daughney Lake
    
    in the allocation of Freshwater Fish between Teslin Tlingit and other users; and
• (b) Government shall ensure that the food Freshwater Fish needs of Teslin Tlingit receive primary consideration in the allocation of Freshwater Fish resources.

Referenced Clauses:
16.9.10.1 (a), (b)

Project:
Negotiation of Basic Needs Level

Responsible Party:
TTC, 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

Project:
Endeavouring to rehabilitate wildlife populations

Responsible Party:
Canada, Yukon, TTC, Fish and Wildlife Management Board and Teslin 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

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

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 TTC

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

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

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;

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

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 Nation's basic needs allocations for the drainage basin before allocating Salmon to other users.

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

Responsible Party:
Salmon Sub Committee

Participant/Liaison:
Affected Yukon First Nations and 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

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

Planning Assumptions

1. The new additional Yukon commercial Salmon fishing licences are only transferable between and amongst YFNs with rights on the Yukon River Drainage Basin.
2. Pursuant to 16.7.17.12 (e), the SSC may make recommendations to Government on related new opportunities and proposed management measures for the commercial uses of Salmon.
3. Canada (DFO) will provide full information to the affected 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, Teslin Renewable Resources Council

Participant/Liaison:
TTC

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

Planning Assumption

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

Project:
Maintenance of register of Category 1 and 2 Traplines

Responsible Party:
Yukon, Teslin Renewable Resources Council, TTC

Participant/Liaison:

Obligations Addressed:
The Government of the Yukon and the Council shall maintain a register of Category 1 and Category 2 Traplines, and the Yukon First Nation shall also maintain a register of Category 1 Traplines.

Referenced Clauses:
16.11.10.5;

Cross reference 16.11.7, 16.11.8, 16.11.9, 16.11.10.4, 2.9.3, Chapter 2 Schedule B 6.0

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:
TTC, Teslin Renewable Resources Council

Obligations Addressed:
Yukon Indian Persons 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

Project:
Provision of trapper training programs

Responsible Party:
Yukon

Participant/Liaison:
Yukon First Nations, Renewable Resources Councils

Obligations Addressed:
The Yukon shall provide trapper training programs, designed in collaboration with Yukon First Nations and the Councils, for Yukon Indian People as required from time to time, to encourage effective involvement of trappers in the management and development of traplines. Unless the Yukon otherwise decides, these training programs shall be provided for 10 years from the enactment of Settlement Legislation.

Referenced Clauses:
16.13.2;

Cross reference 28.8.3, 28.9.1, 28.9.2

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

Project:
Non-commercial harvest of Trees on Crown Lands

Responsible Party:
TTC 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

Project:
Preparation of Forest Resources Management plans

Responsible Party:
Government, TTC and Teslin 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

Planning Assumptions

1. To the extent practicable, RRC, 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 TTC 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

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

Responsible Party:
Canada and Teslin Tlingit Council

Participant/Liaison:

Obligations Addressed:
Government, in Consultation with the Teslin Tlingit Council, shall determine the timing for the development of Forest Resources Management plans within the Teslin Tlingit Council Traditional Territory.

Referenced Clauses:
17.5.4.1;

Cross reference 17.4.2.1, 17.5.3

Project:
Use of pesticides or herbicides by TTC on Settlement Land

Responsible Party:
TTC

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

Project:
Use of pesticides or herbicides by Government on Crown Lands within TTC Traditional Territory

Responsible Party:
Government

Participant/Liaison:
TTC

Obligations Addressed:
Where Forest Resources are threatened by pests or diseases the Minister shall Consult the affected Yukon First Nation before applying pesticides and herbicides on Crown Land within that Yukon First Nation's Traditional Territory

Referenced Clauses:
17.7.2;

Cross reference 17.7.5, 17.7.4.

Project:
Consultation on forest fire fighting priorities

Responsible Party:
Government

Participant/Liaison:
TTC

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

Planning Assumptions

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

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

Project:
Access to Settlement Land – Holders of commercial timber permits

Responsible Party:
TTC

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

Project:
Access to Settlement Land – Holders of timber harvesting agreements

Responsible Party:
TTC

Participant/Liaison:
Surface Rights Board, agreement holder

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

Referenced Clauses:
17.10.4;

Cross reference 17.10.5 and 17.13.1

Project:
Notice of public tender for Forest Resources Management or protection

Responsible Party:
Canada, Yukon

Participant/Liaison:
TTC

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

Project:
Economic opportunities – Silviculture

Responsible Party:
Government and the Teslin Tlingit Council

Participant/Liaison:

Obligations Addressed:
Government shall provide written notice to the Teslin Tlingit Council of any invitation for public tenders for contracts associated with silviculture within the Teslin Tlingit Council Traditional Territory.

The Teslin Tlingit Council shall have the first opportunity to accept any fixed term contract offered by Government associated with silviculture within the Teslin Tlingit Council Traditional Territory.

Referenced Clauses:
17.14.2.2, 17.14.2.3;

Cross reference 17.14.2.1, 17.14.2.4, 17.14.2.5

Project:
Evaluation criteria – Silviculture contracts

Responsible Party:
Government

Participant/Liaison:
Teslin Tlingit Council

Obligations Addressed:
Government shall include a criterion for Teslin Tlingit employment in any contract opportunities associated with silviculture in the Teslin Tlingit Council Traditional Territory.

Referenced Clauses:
17.14.2.6;

Cross reference 17.14.2.7; Chapter 22

Project:
Hiring of Teslin Tlingit to fight forest fires

Responsible Party:
Government

Participant/Liaison:
Teslin Tlingit Council

Obligations Addressed:
Where Government requires Extra Fire Fighters to fight fires within the Teslin Tlingit Council Traditional Territory, it shall, where practicable, hire Teslin Tlingit.

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

Referenced Clauses:
17.14.2.8

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

Responsible Party:
TTC

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

Project:
Location of Quarries by Government

Responsible Party:
Canada, Yukon

Participant/Liaison:
TTC

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

Project:
Further identification of Quarries on Settlement Land

Responsible Party:
Yukon, Canada

Participant/Liaison:
TTC

Obligations Addressed:
The time period for further identification under 18.2.5.1 is two years from the Effective Date of this Agreement for those areas which are adjacent to the Canol Road and one year from the Effective Date of this Agreement for those areas which are adjacent to the Alaska Highway.

The areas of Teslin Tlingit Council Settlement Land which are subject to further identification of Quarries pursuant to 18.2.5.2 are the following:

• R-11 and R-17, which are adjacent to the Alaska Highway and R-12, which is adjacent to the Canol Road,
• as described in Appendix A – Settlement Land Descriptions, attached to this Agreement, and in Appendix B – Maps, which forms a separate volume to this Agreement.

Government shall Consult with the Teslin Tlingit Council in the further identification of Quarries on Teslin Tlingit Council Settlement Land pursuant to 18.2.5.

Referenced Clauses:
18.2.5.1a, 18.2.5.2a, 18.2.5.3a;

Cross reference 18.2.3, 26.3.1.3

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

Responsible Party:
Government

Participant/Liaison:
TTC, 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, clean-up, drainage, erosion control, re-contouring, overburden replacement, and replanting of vegetation so that the Quarry will blend in with the local landscape and vegetation; and
• where a dispute arises over the use or restoration of a Quarry by Government, either the Government or the 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

Project:
Government use of other Quarries on Settlement Land

Responsible Party:
Government, TTC

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

Project:
Other Government use of Quarries

Responsible Party:
Government

Participant/Liaison:
TTC

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

Project:
Access to Settlement Land with the consent of TTC for the exercise of Mineral Rights

Responsible Party:
TTC, 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

Project:
Property Tax assistance

Responsible Party:
Yukon, Canada

Participant/Liaison:
TTC, 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

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

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 selfgovernment 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

Project:
Action by taxing authority for non-payment of Property Taxes

Responsible Party:
Yukon, Municipality

Participant/Liaison:
TTC

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

Project:
Action by taxing authority for non-payment by TTC for Local Government Services

Responsible Party:
Yukon, Municipality

Participant/Liaison:
TTC

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

Project:
Rates for user-pay Local Government Services for TTC and any corporation owned or controlled by TTC

Responsible Party:
Yukon, Village of Teslin

Participant/Liaison:
TTC

Obligations Addressed:
Unless otherwise agreed between the Teslin Tlingit Council and the Village of Teslin, the Teslin Tlingit Council and any corporation owned and controlled by the Teslin Tlingit Council shall pay the same rates for user-pay Local Government Services as are paid by property owners of the Village of Teslin.

Referenced Clauses:
21.4.1.2

Planning Assumption

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

Project:
Non-collection of outstanding Property Taxes on TTC Settlement Land.

Responsible Party:
Yukon

Participant/Liaison:

Obligations Addressed:
The Yukon shall forgive Property Taxes outstanding as of the Effective Date of this Agreement on Teslin Tlingit Council Settlement Land outside of the Community Boundary of Teslin.

Referenced Clauses:
21.6.1.1

Project:
Economic development opportunities plan

Responsible Party:
Canada, Yukon, Teslin Tlingit Council

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 plan referred to in 22.3.1 for the Teslin Tlingit Council shall:

• (a) be completed within two years of the Effective Date of this Agreement;
• (b) be prepared, to the extent practicable, in the village of Teslin; and
• (c) involve the participation of Teslin Tlingit

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 Teslin Tlingit Council and Teslin Tlingit in Harvesting activities and opportunities for the Teslin Tlingit Council to make strategic investments pursuant to 22.3.3.4.

Referenced Clauses:
22.3.1, 22.3.1.1, 22.3.2.4

Planning Assumptions

1. Plans will take into account existing economic development priorities of TTC.
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

Planning Assumptions

1. This Activity Plan is intended to provide a general framework that will complement the specific planning processes outlined in TTFA 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

Planning Assumptions

1. This Activity Plan is intended to provide a general framework that will complement the specific planning processes outlined in each TTFA 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:
Teslin Tlingit Council

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

Planning Assumptions

1. Additions to the source lists made between release periods can be accessed by TTC through the Yukon Contract Administration office.
2. TTC 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:
TTC

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

Planning Assumption

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

Project:
Inclusion of Teslin Tlingit Council on federal contract lists

Responsible Party:
Canada