Ta'an Kwach'an Council Final Agreement Implementation Plan

Implementation Plan

Acronyms

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

CYI

Council for Yukon Indians

DIAND

Department of Indian Affairs and Northern Development

DFO

Department of Fisheries and Oceans

DND

Department of National Defence

FWMB

Fish and Wildlife Management Board

LTO

Land Titles Office

NRCan

Natural Resources Canada

RLUPC

Regional Land Use Planning Commission

LRRC

Laberge Renewable Resources Council

SLC

Settlement Land Committee

SSC

Salmon Sub-Committee

TKC

Ta'an Kwach'an Council

TKCFA

Ta'an Kwach'an Council Final Agreement

TKCSGA

Ta'an Kwach'an Council Self-Government Agreement

UFA

Umbrella Final Agreement

YDAB

Yukon Development Assessment Board

YFN

Yukon First Nation

YFNFA

Yukon First Nation Final Agreement

YGPNB

Yukon Geographical Place Names Board

YHRB

Yukon Heritage Resources Board

Annex A -- Activity Sheets

Project: UFA amendment

Responsible party: TKC

Participant / Liaison: Canada, Yukon, CYI

Obligations addressed:

• 2.3.1 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.
• 2.3.2 Consent to any amendment pursuant to 2.3.1 may only be given on the part of:
  • 2.3.2.1 Canada, by the Governor in Council;
  • 2.3.2.2 the Yukon, by the Commissioner in Executive Council; and
  • 2.3.2.3 Yukon First Nations by the following process,
    1. 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,
    2. 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
    3. 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).
• 2.3.3 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.
• 2.3.5 Consent to any amendment pursuant to 2.3.4 may only be given on the part of:
  • 2.3.5.1 Canada, by the Governor in Council, except where expressly provided in a Yukon First Nation Agreement;
    1. the Minister of Indian Affairs and Northern Development may consent, on behalf of Canada to any amendment to:
       1. a specific provision contemplated by 5.3.1, 5.15.1, 5.15.2, 6.1.2, 6.1.8 or 21.2.5 of this Agreement;
       2. Schedule B - Resolution of Overlapping Claims, attached to Chapter 2 - General Provisions, as a result of an agreement referred to in 8.0 of that Schedule;
       3. Schedule A - Heritage Routes and Sites, attached to Chapter 13 - Heritage;
       4. Schedule B - Category 1 Traplines, attached to Chapter 16 - Fish and Wildlife;
       5. Schedule D - Allocation of Total Allowable Harvest For Moose, attached to Chapter 16 - Fish and Wildlife;
       6. Schedule A - Settlement Land Parcels Exempt From Property Taxes (15 year exemption), attached to Chapter 21 - Taxation of Settlement Land;
       7. Schedule B - Settlement Land Parcels Exempt From Property Taxes (20 year exemption), attached to Chapter 21 - Taxation of Settlement Land;
       8. Schedule C - Settlement Land Parcels Exempt From Property Taxes, attached to Chapter 21 - Taxation of Settlement Land; and
       9. Appendix A - Settlement Land Descriptions, attached to this Agreement;
    2. the Governor in Council may delegate to the Minister of Indian Affairs and Northern Development the authority to consent, on behalf of Canada, to any amendment to other specific provisions of this Agreement;
  • 2.3.5.2 the Yukon, by the Commissioner in Executive Council, except where expressly provided in a Yukon First Nation Agreement; and
    1. the Yukon Minister with responsibility for land claims may consent, on behalf of the Yukon to any amendment to:
       1. a specific provision contemplated by 5.3.1, 5.15.1, 5.15.2, 6.1.2, 6.1.8 or 21.2.5 of this Agreement;
       2. Schedule B - Resolution of Overlapping Claims, attached to Chapter 2 - General Provisions, as a result of an agreement referred to in 8.0 of that Schedule;
       3. Schedule A - Heritage Routes and Sites, attached to Chapter 13 - Heritage;
       4. Schedule B - Category 1 Traplines, attached to Chapter 16 - Fish and Wildlife;
       5. Schedule D - Allocation of Total Allowable Harvest For Moose, attached to Chapter 16 - Fish and Wildlife;
       6. Schedule A - Settlement Land Parcels Exempt From Property Taxes (15 year exemption), attached to Chapter 21 - Taxation of Settlement Land;
       7. Schedule B - Settlement Land Parcels Exempt From Property Taxes (20 year exemption), attached to Chapter 21 - Taxation of Settlement Land;
       8. Schedule C - Settlement Land Parcels Exempt From Property Taxes, attached to Chapter 21 - Taxation of Settlement Land; and
       9. Appendix A - Settlement Land Descriptions, attached to this Agreement;
    2. the Commissioner in Executive Council may delegate to the Yukon Minister with responsibility for land claims the authority to consent, on behalf of the Yukon, to any amendment to other specific provisions of this Agreement;
  • 2.3.5.3 a Yukon First Nation by a process set out in that Yukon First Nation Final Agreement.
    1. consent to any amendment pursuant to 2.3.4 may only be given on the part of the Ta'an Kwach'an Council by a resolution of the Board and the consent of either the Hereditary Chief or Chairperson;
    2. the Ta'an Kwach'an Council shall provide Government with a certified copy of a 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).
• 2.3.6 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.

CROSS REFERENCED CLAUSES: 2.4.3.1, 24.12.3

Planning Assumptions

1. This Activity Plan describes procedures related to amending the UFA. The fourth activity indicates that TKC requirements should be addressed in any discussions regarding the approach to the amendment process and specific arrangements to be made to deal with a particular amendment proposal.
2. It is anticipated that TKC 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. Amendments to legislation may be required to reflect amendments of the UFA.

Project: Amendment of the TKCFA

Responsible party: Canada, Yukon, TKC

Participant / Liaison: None identified

Obligations addressed:

• 2.3.4 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.
• 2.3.5 Consent to any amendment pursuant to 2.3.4 may only be given on the part of:
  • 2.3.5.1 Canada, by the Governor in Council, except where expressly provided in a Yukon First Nation Agreement;
    1. the Minister of Indian Affairs and Northern Development may consent on behalf of Canada to any amendment to:
       1. a specific provision contemplated by 5.3.1, 5.15.1, 5.15.2, 6.1.2, 6.1.8 or 21.2.5 of this Agreement;
       2. Schedule B - Resolution of Overlapping Claims, attached to Chapter 2 - General Provisions, as a result of an agreement referred to in 8.0 of that Schedule;
       3. Schedule A - Heritage Routes and Sites, attached to Chapter 13 - Heritage;
       4. Schedule B - Category 1 Traplines, attached to Chapter 16 - Fish and Wildlife;
       5. Schedule D - Allocation of Total Allowable Harvest For Moose, attached to Chapter 16 - Fish and Wildlife;
       6. Schedule A - Settlement Land Parcels Exempt From Property Taxes (15 year exemption), attached to Chapter 21 - Taxation of Settlement Land;
       7. Schedule B - Settlement Land Parcels Exempt From Property Taxes (20 year exemption), attached to Chapter 21 - Taxation of Settlement Land;
       8. Schedule C - Settlement Land Parcels Exempt From Property Taxes, attached to Chapter 21 - Taxation of Settlement Land; and
       9. Appendix A - Settlement Land Descriptions, attached to this Agreement;
    2. the Governor in Council may delegate to the Minister of Indian Affairs and Northern Development the authority to consent, on behalf of Canada, to any amendment to other specific provisions of this Agreement;
  • 2.3.5.2 the Yukon, by the Commissioner in Executive Council, except where expressly provided in a Yukon First Nation Agreement; and
    1. the Yukon Minister with responsibility for land claims may consent on behalf of the Yukon to any amendment to:
       1. a specific provision contemplated by 5.3.1, 5.15.1, 5.15.2, 6.1.2, 6.1.8 or 21.2.5 of this Agreement;
       2. Schedule B - Resolution of Overlapping Claims, attached to Chapter 2 - General Provisions, as a result of an agreement referred to in 8.0 of that Schedule;
       3. Schedule A - Heritage Routes and Sites, attached to Chapter 13 - Heritage;
       4. Schedule B - Category 1 Traplines, attached to Chapter 16 - Fish and Wildlife;
       5. Schedule D - Allocation of Total Allowable Harvest For Moose, attached to Chapter 16 - Fish and Wildlife;
       6. Schedule A - Settlement Land Parcels Exempt From Property Taxes (15 year exemption), attached to Chapter 21 - Taxation of Settlement Land;
       7. Schedule B - Settlement Land Parcels Exempt From Property Taxes (20 year exemption), attached to Chapter 21 - Taxation of Settlement Land;
       8. Schedule C - Settlement Land Parcels Exempt From Property Taxes, attached to Chapter 21 - Taxation of Settlement Land; and
       9. Appendix A - Settlement Land Descriptions, attached to this Agreement;
    2. the Commissioner in Executive Council may delegate to the Yukon Minister with responsibility for land claims the authority to consent on behalf of the Yukon, to any amendment to other specific provisions of this Agreement;
  • 2.3.5.3 a Yukon First Nation by a process set out in that Yukon First Nation Final Agreement.
    1. consent to any amendment pursuant to 2.3.4 may only be given on the part of the Ta'an Kwach'an Council by a resolution of the Board and the consent of either the Hereditary Chief or Chairperson;
    2. the Ta'an Kwach'an Council shall provide Government with a certified copy of a 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).
• 2.3.6 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.

Cross Referenced Clauses: 5.3.1 (all), 5.15.1, 5.15.2, 6.1.2 (all), 6.1.8 (all), 16.11.4 (all), Chapter 16 Schedule B (all), Appendix A - Settlement Land Descriptions (all)

Project: Consultation during the drafting of any amendment to Settlement Legislation which affects the TKC

Responsible party: Government

Participant / Liaison: TKC

Obligations addressed:

• 2.4.3.1 Government shall Consult with the Ta'an Kwach'an Council during the drafting of any amendment to Settlement Legislation which affects the Ta'an Kwach'an Council.

Cross Referenced Clauses: None identified

Planning Assumption

1. This consultation may occur more than once during the drafting process.

Project: TKC legal entities

Responsible party: TKC

Participant / Liaison: None identified

Obligations addressed:

• 2.11.7 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.
  • 2.11.7.1 Except in respect of 2.5.0, 2.10.1, 4.4.0, 5.9.0 and 5.10.0, the Ta'an Kwach'an Council may cause any of its rights, obligations and liabilities set out in this Agreement to be held or performed, on its behalf, by any legal entity wholly controlled by the Ta'an Kwach'an Council, or wholly controlled by the Ta'an Kwach'an Council and one or more other Yukon First Nations, provided any such arrangement does not adversely affect the exercise of rights, obligations and liabilities set out in this Agreement.
  • 2.11.7.2 The Ta'an Kwach'an 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.
  • 2.11.7.3 Government shall not be liable to Ta'an Kwach'an for any damage or loss suffered by the Ta'an Kwach'an as a result of any failure of the Ta'an Kwach'an Council or any entity referred to in 2.11.7.1 to comply with an obligation under this Agreement.

Cross Referenced Clauses: 2.5.0 (all), 2.10.1, 2.11.4, 4.4.0 (all), 5.9.0 (all), 5.10.0 (all)

Project: Resolution of overlapping claims

Responsible party: TKC, Overlapping YFN, Yukon and Canada

Participant / Liaison: None identified

Obligations addressed:

Chapter 2 Schedule B

• 2.1 The Ta'an Kwach'an Council shall make best efforts to reach agreement with each Overlapping Yukon First Nation on a Contiguous Boundary.
• 2.2 The location of a Contiguous Boundary referred to in 2.1 is subject to approval by the other parties to this Agreement.

Cross Referenced Clauses: Chapter 2 Schedule B 3.3, 3.4, 4.0 (all), 5.1

Project: Resolution of overlapping claims - panel of Elders

Responsible party: TKC, panel of Elders, Overlapping YFN

Participant / Liaison: Canada and Yukon

Obligations addressed:

Chapter 2 Schedule B

• 2.3 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 Ta'an Kwach'an 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.
• 2.4 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.
• 2.5 A recommendation of a panel on the location of a Contiguous Boundary which is accepted by the Ta'an Kwach'an Council and the Overlapping Yukon First Nation is subject to approval by the other parties to this Agreement.
  • 2.5.1 Where Canada or the Yukon does not approve the recommendation of a panel under 2.5, it shall give its reasons in writing.

Cross Referenced Clauses: 2.9.1; Chapter 2 Schedule B 3.1 (all), 3.2 (all), 3.3, 4.0 (all), 5.1

Project: Resolution of overlapping claims - Dispute Resolution

Responsible party: TKC, Canada, Yukon, Overlapping YFN

Participant / Liaison: Person appointed to resolve dispute

Obligations addressed:

Chapter 2 Schedule B

• 3.1 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:
  • 3.1.1 that Overlapping Yukon First Nation Final Agreement contains specific provisions substantially the same as this schedule; or
  • 3.1.2 the Ta'an Kwach'an Council and the Overlapping Yukon First Nation agree to refer the matter to the dispute resolution process under 26.3.0.
• 3.2 A person appointed under 26.7.0 to resolve a dispute under 3.1 shall have the power:
  • 3.2.1 to determine a Contiguous Boundary, in the Overlapping Area, between the Traditional Territories of the Overlapping Yukon First Nation and the Ta'an Kwach'an Council, in addition to the other powers provided in Chapter 26 - Dispute Resolution; and
  • 3.2.2 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.

Cross Referenced Clauses: 2.9.1 (all); Chapter 2 Schedule B 2.2, 2.4, 2.5, 3.1, 3.3, 3.4, 4.0 (all), 5.1, 26.3.0, 26.7.0

Project: Final Agreements with Overlapping YFNs

Responsible party: Government and TKC

Participant / Liaison: Overlapping YFNs

Obligations addressed:

Chapter 2 Schedule B

• 5.2 Government shall make best efforts:
  • 5.2.1 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
  • 5.2.2 to conclude the Yukon First Nation Final Agreement of each Overlapping Yukon First Nation within 10 years of the Effective Date of this Agreement.
• 5.3 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 Ta'an Kwach'an Council.

Cross Referenced Clauses: None identified

Project: Traplines in Overlapping Area

Responsible party: TKC, Overlapping YFN

Participant / Liaison: None identified

Obligations addressed:

Chapter 2 Schedule B

• 6.1 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:
  • 6.1.1 more than 50 percent of that trapline is situated in the Traditional Territory of the Ta'an Kwach'an Council; or
  • 6.1.2 the Ta'an Kwach'an Council and the Overlapping Yukon First Nation agree.

Cross Referenced Clauses: 16.11.0 (all)

Project: Consultation on specified matters in Overlapping Area

Responsible party: Government

Participant / Liaison: TKC

Obligations addressed:

Chapter 2 Schedule B

• 7.1 Government shall Consult with the Ta'an Kwach'an Council respecting any matter in an Overlapping Area which may affect the rights of Ta'an Kwach'an or the Ta'an Kwach'an Council set out in this Agreement but which, pursuant to 4.1.1 to 4.1.5, do not apply in an Overlapping Area.

Cross Referenced Clauses: Chapter 2 Schedule B 4.1 (all)

Project: TKC enrollment responsibilities -- After the dissolution of an Enrollment Committee

Responsible party: TKC

Participant / Liaison: Yukon Enrollment Commission, Dispute Resolution Panel, Government

Obligations addressed:

• 3.9.3 Upon dissolution of an Enrollment Committee the Yukon First Nation shall have the powers and responsibilities to:
  • 3.9.3.1 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;
  • 3.9.3.2 deliver to the Yukon the official enrollment list on each anniversary of the dissolution of the Enrollment Committee;
  • 3.9.3.3 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;
  • 3.9.3.4 supply application forms to any Person wishing to apply for enrollment;
  • 3.9.3.5 establish its own procedures;
  • 3.9.3.6 publish its own procedures; and
  • 3.9.3.7 publicize and provide information in respect of the enrollment process to members of the Yukon First Nation.

Cross Referenced Clauses: 3.9.1, 3.9.2, 3.12.1

Project: Continuation of enrollment

Responsible party: TKC

Participant / Liaison: Enrollment Commission, Dispute Resolution Board, Government

Obligations addressed:

• 3.10.1 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.
• 3.10.2 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:
  • 3.10.2.1 the Enrollment Commission, if it has not been dissolved pursuant to 3.10.4; or
  • 3.10.2.2 a single arbitrator appointed by the chairperson of the Dispute Resolution Board.
• 3.10.3 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.

Cross Referenced Clauses: 3.3.2, 3.3.3, 3.6.5.11, 3.10.4, 3.11.2.6, 3.11.3

Project: Cancel reservation or notation to Lands Set Aside

Responsible party: Canada (DIAND)

Participant / Liaison: TKC

Obligations addressed:

• 4.2.3 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.
• 4.2.4 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.

Cross Referenced Clauses: 4.2.1, 4.2.2

Project: Registration of title to Fee Simple Settlement Land

Responsible party: LTO

Participant / Liaison: TKC

Obligations addressed:

• 5.2.3 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.
• 5.2.4 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.

Cross Referenced Clauses: None identified

Planning Assumptions

1. In the majority of cases, the LTO already holds adequate surveys for Settlement Land parcels that exist in fee simple. It will be the responsibility of TKC 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: LTO

Participant / Liaison: TKC, Mining Recorder

Obligations addressed:

• 5.2.3 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.
• 5.2.4 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.

Cross Referenced Clauses: None identified

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 LTO and in TKC lands system(s)

Responsible party: Canada

Participant / Liaison: TKC, LTO

Obligations addressed:

• 5.3.2 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.
• 5.3.3 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.

Cross Referenced Clauses: 5.5.1.4, Chapter 15

Planning Assumption

1. The LTO will develop a system for receiving plans of survey deposited pursuant to this clause.
2. Natural Resources Canada will assume the lead role for Canada.

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

Responsible party: Government

Participant / Liaison: TKC

Obligations addressed:

• 5.6.3 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:
  • 5.6.3.1 any Royalty received by Government for production after the date the land became Settlement Land in respect of that Existing Mineral Right; and
  • 5.6.3.2 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.

Cross Referenced Clauses: 5.6.5, 15.6.6

Planning Assumption

1. For the purposes of this provision, "the date the affected land became Settlement Land" will be the Effective Date except in the case of Proposed Site Specific Settlement Land, which becomes Site Specific Settlement Land on the same date the plan of survey is confirmed in accordance with Chapter 15.

Project: Payment of non-refunded rents -- Category B and Fee Simple Settlement Lands

Responsible party: Government

Participant / Liaison: TKC

Obligations addressed:

• 5.6.4 Where Category B Settlement Land or Fee Simple Settlement Land is subject to a surface lease, existing at the date the affected land became Settlement Land, held by a Mineral Right holder, Government shall account for and pay to the affected Yukon First Nation as soon as practicable from time to time, any non-refunded rents received by Government which were payable after the date the land became Settlement Land in respect of that existing surface lease held by the Mineral Right holder.

Cross Referenced Clauses: 5.6.5, 15.6.6

Planning Assumption

1. For the purposes of this provision, "the date the affected land became Settlement Land" will be the Effective Date except in the case of Proposed Site Specific Settlement Land, which becomes Site Specific Settlement Land on the same date the plan of survey is confirmed in accordance with Chapter 15.

Project: Consultation with TKC – Encumbering Rights

Responsible party: Government

Participant / Liaison: TKC

Obligations addressed:

• 5.6.9 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.

Cross Referenced Clauses: 5.4.2 (all), 5.6.1, 5.6.3 (all), 5.6.4, 5.6.6

Planning Assumptions

1. Government is responsible for ensuring that all of its relevant screening, reviewing, licensing and permitting departments and agencies are aware of their obligations pursuant to this clause.
2. The arrangements and procedures for Consultation will include provision for revising these arrangements and procedures from time to time.

Project: Amendment of terms of Encumbering Rights

Responsible party: Government

Participant / Liaison: TKC

Obligations addressed:

• 5.6.10 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.

Cross Referenced Clauses: 5.4.2 (all), 5.6.1, 5.6.2

Project: Cancellation and replacement of Encumbering Rights

Responsible party: TKC

Participant / Liaison: Minister

Obligations addressed:

• 5.6.11 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.
• 5.6.12 The Minister may only refuse to consent under 5.6.11 if:
  • 5.6.12.1 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;
  • 5.6.12.2 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;
  • 5.6.12.3 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
  • 5.6.12.4 there is a Person claiming an interest in the Encumbering Right.

Cross Referenced Clauses: 2.11.8

Project: Discovery of information subject to disclosure

Responsible party: Government, TKC

Participant / Liaison: Surface Rights Board

Obligations addressed:

• 5.7.4 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
  • 5.7.4.1 that:
    1. the department or entity does not have the management, charge or direction of the land,
    2. the reservation is cancelled, or
    3. 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
  • 5.7.4.2 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.

Cross Referenced Clauses: 5.7.1 (all), 5.7.5 (all), 7.5.0 (all)

Project: Reacquisition of Settlement Land

Responsible party: TKC

Participant / Liaison: LTO

Obligations addressed:

• 5.12.1 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:
  • 5.12.1.1 Category A Settlement Land when Mines and Minerals are included and the land had previously been Category A Settlement Land;
  • 5.12.1.2 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
  • 5.12.1.3 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.

Cross Referenced Clauses: 5.10.0 (all)

Project: Deregistration of Category A and Category B Settlement Land

Responsible party: TKC

Participant / Liaison: LTO

Obligations addressed:

• 5.13.1 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:
  • 5.13.1.1 the reservations and exceptions set out in 5.4.2; and
  • 5.13.1.2 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.
• 5.13.2 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:
  • 5.13.2.1 the reservations and exceptions set out in 5.4.2; and
  • 5.13.2.2 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.

Cross Referenced Clauses: 5.4.2 (all), 5.13.3

Project: Exceptions to Waterfront Right of Way

Responsible party: Government, TKC, user of Waterfront Right-of-Way

Participant / Liaison: None identified

Obligations addressed:

• 5.15.1 Unless otherwise agreed in a Yukon First Nation Final Agreement on a case by case basis, there shall be a Waterfront Right-of-Way 30 metres in width measured landward from the Natural Boundaries within Settlement Land of all Navigable Waters which abut or are within Settlement Land.
  • 5.15.1.1 Any exception to the Waterfront Right-of-Way referred to in 5.15.1 is set out as a special condition in Appendix A - Settlement Land Descriptions, attached to this Agreement.

Cross Referenced Clauses: Appendix A - Settlement Land Descriptions R-1A, R-12A, R-20A, R-22B

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

Responsible party: TKC

Participant / Liaison: Surface Rights Board

Obligations addressed:

• 5.15.5 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.

Cross Referenced Clauses: 5.15.0 (all), Appendix A - Settlement Land Descriptions R-1A, R-12A, R-20A, R-22B

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

Responsible party: TKC, Government

Participant / Liaison: None identified

Obligations addressed:

• 5.15.7 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.

Cross Referenced Clauses: 5.15.0 (all), Appendix A - Settlement Land Descriptions R-1A, R-12A, R-20A, R-22B

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

Responsible party: TKC, Yukon, Canada

Participant / Liaison: None identified

Obligations addressed:

• 6.1.2 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.

Cross Referenced Clauses: 2.3.4, 2.3.5 (all), 2.3.6, 6.1.8

Project: Right of access for outfitting concession holders

Responsible party: Canada, Yukon, TKC

Participant / Liaison: None identified

Obligations addressed:

• 6.1.2.1 An outfitting concession holder shall have a right of access to use Settlement Land situated within that concession for outfitting purposes until the 30th day of November following the Effective Date of this Agreement and a further right of access, during the following 30 days, to remove any of the holder's property from Settlement Land.
• 6.1.2.2 Nothing in 6.1.2.1 shall be construed to prevent the Ta'an Kwach'an 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.

Cross Referenced Clauses: None identified

Planning Assumption

1. A letter will be written on behalf of the Parties as the mechanism for informing the concession holders.

Project: Determining liability of TKC on Undeveloped Settlement Land

Responsible party: TKC

Participant / Liaison: None identified

Obligations addressed:

• 6.1.3 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.

Cross Referenced Clauses: None identified

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

Responsible party: TKC, Person causing damage to TKC Settlement Land

Participant / Liaison: None identified

Obligations addressed:

• 6.1.5 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.

Cross Referenced Clauses: None identified

Project: Conditions of access

Responsible party: TKC

Participant / Liaison: None identified

Obligations addressed:

• 6.1.6 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:
  • 6.1.6.1 significant damage to Settlement Land or to improvements on Settlement Land;
  • 6.1.6.2 mischief committed on Settlement Land;
  • 6.1.6.3 significant interference with the use and peaceful enjoyment of Settlement Land by the Yukon First Nation;
  • 6.1.6.4 fee or charge payable to the affected Yukon First Nation; or
  • 6.1.6.5 compensation for damage other than for significant damage.

Cross Referenced Clauses: 5.15.3, 6.1.5, 6.1.7, 6.3.1 (all), 6.3.2, 6.3.7, 6.6.0 (all), Appendix A - Settlement Land Descriptions R-1A, R-12A, R-20A, R-22B

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

Responsible party: TKC, Canada, Yukon

Participant / Liaison: None identified

Obligations addressed:

• 6.1.8 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.

Cross Referenced Clauses: 2.3.5 (all), 2.3.6 (all), 6.1.2 (all), 6.1.8.1, Appendix A - Settlement Land Descriptions 3.2.2

Planning Assumption

1. If Settlement Land is redesignated, maps of Settlement Land will 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: TKC

Participant / Liaison: Government

Obligations addressed:

• 6.1.9 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:
  • 6.1.9.1 for the benefit of any Person; or
  • 6.1.9.2 using funds or other resources provided directly or indirectly by Government for the establishment or improvement of such route.

Cross Referenced Clauses: 2.3.5 (all), Chapter 7, 9.6.1 (all)

Project: Right of access to cross Undeveloped Settlement Land

Responsible party: TKC

Participant / Liaison: None identified

Obligations addressed:

• 6.3.3 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.

Cross Referenced Clauses: 6.3.1 (all), 6.3.2, 6.3.4 (all)

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

Responsible party: TKC

Participant / Liaison: Government

Obligations addressed:

• 6.3.6 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.

Cross Referenced Clauses: 5.6.0 (all), 6.3.5 (all)

Project: Reference to Surface Rights Board

Responsible party: TKC

Participant / Liaison: None identified

Obligations addressed:

• 6.3.7 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.

Cross Referenced Clauses: 6.3.1 (all), 6.3.2, 6.6.0 (all)

Project: Exercise of right of access by Government, its agents or contractors for no more than 120 days

Responsible party: Government, its agents or contractors

Participant / Liaison: TKC

Obligations addressed:

• 6.4.1 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.
• 6.4.5 The right of access provided in 6.4.1 and 6.4.2 may be exercised:
  • 6.4.5.1 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

Cross Referenced Clauses: 6.4.3 (all), 6.4.4, 6.6.0 (all)

Planning Assumption

1. The Parties agree that Government and TKC 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, its agents or contractors for more than 120 consecutive days

Responsible party: Government, its agents or contractors

Participant / Liaison: TKC

Obligations addressed:

• 6.4.1 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.
• 6.4.5 The right of access provided in 6.4.1 and 6.4.2 may be exercised:
  • 6.4.5.2 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.

Cross Referenced Clauses: 6.4.3 (all), 6.4.4, 6.4.6 (all)

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: TKC

Obligations addressed:

• 6.4.2 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.
• 6.4.5 The right of access provided in 6.4.1 and 6.4.2 may be exercised:
  • 6.4.5.1 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

Cross Referenced Clauses: 6.4.3 (all), 6.4.4, 6.6.0 (all)

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 Person authorized by Law for more than 120 consecutive days

Responsible party: Person authorized by Law

Participant / Liaison: TKC

Obligations addressed:

• 6.4.2 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.
• 6.4.5 The right of access provided in 6.4.1 and 6.4.2 may be exercised:
  • 6.4.5.2 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.

Cross Referenced Clauses: 6.4.3 (all), 6.4.4, 6.4.6 (all)

Project: Liability for damage to Settlement Land

Responsible party: TKC

Participant / Liaison: Government, its agents or contractors, or Person authorized by Law

Obligations addressed:

• 6.4.4 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.

Cross Referenced Clauses: 6.4.1, 6.4.2

Project: Department of National Defence ("DND") right of access

Responsible party: Canada (DND), TKC

Participant / Liaison: None identified

Obligations addressed:

• 6.5.1 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.
• 6.5.3 Government shall give reasonable advance notice of military exercises or operations to inhabitants of any area to be affected.

Cross Referenced Clauses: 6.4.1, 6.5.2

Project: Establishment of terms and conditions of access by TKC

Responsible party: TKC

Participant / Liaison: Government

Obligations addressed:

• 6.6.1 If a Yukon First Nation wishes to establish terms and conditions for the exercise of a right of access provided:
  • 6.6.1.1 by 5.15.3, 6.3.1, 6.3.2, 16.11.12, 18.3.1, 18.4.1 or 18.4.2; or
  • 6.6.1.2 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.
• 6.6.2 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.

Cross Referenced Clauses: 5.5.1 (all), 5.15.3, 6.1.3, 6.3.1 (all), 6.3.2, 6.4.1, 6.4.2, 6.6.3 (all), 6.6.4 (all), 16.11.12, 18.3.1 (all), 18.4.1 (all), 18.4.2

Project: Expropriation – Location and extent

Responsible party: Expropriating Authority

Participant / Liaison: TKC, Government

Obligations addressed:

• 7.3.1 This chapter applies only to the expropriation of an interest in Settlement Land recognized in Law and held by a Yukon First Nation.
• 7.4.1 An Authority shall negotiate with the Affected Yukon First Nation the location and extent of Settlement Land to be acquired or expropriated.
• 7.4.3 When agreement of the Affected Yukon First Nation pursuant to 7.4.1 is not obtained, the following procedures shall apply:
  • 7.4.3.1 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;
  • 7.4.3.2 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
  • 7.4.3.3 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.
• 7.7.1 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.
• 7.7.2 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.

Cross Referenced Clauses: 7.4.2, 7.5.1, 7.5.2 (all), 7.6.0 (all)

Planning Assumption

1. 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 of Settlement Land proposed to be expropriated.

Project: Expropriation – Compensation

Responsible party: Expropriating Authority

Participant / Liaison: TKC, Surface Rights Board or National Energy Board

Obligations addressed:

• 7.5.1 An Authority shall negotiate with the Affected Yukon First Nation compensation for Settlement Land being expropriated or acquired, pursuant to this chapter.
• 7.5.2 When the agreement of the Affected Yukon First Nation pursuant to 7.5.1 is not obtained, the following provisions shall apply:
  • 7.5.2.1 the Surface Rights Board shall determine any dispute over compensation upon an application by either the Authority or Affected Yukon First Nation, except where the expropriation is pursuant to the National Energy Board Act, R.S.C. 1985, c. N-7;
  • 7.5.2.2 compensation ordered by the Surface Rights Board may be,
    1. upon request by the Affected Yukon First Nation, and, if available and identified by the Affected Yukon First Nation, Land of the Authority within the Traditional Territory of the Affected Yukon First Nation,
    2. money,
    3. other forms of compensation, or
    4. any combination of above;
  • 7.5.2.3 when the Affected Yukon First Nation requests Land to be all or part of the compensation, the Surface Rights Board shall,
    1. determine whether the Authority holds Land identified by the Affected Yukon First Nation which is within its Traditional Territory and whether that Land is available,
    2. determine the value, in accordance with 7.5.2.7, of the Authority's Land which is available,
    3. order the Authority to transfer to the Affected Yukon First Nation the amount of available Land necessary to provide compensation, and
    4. subject to 7.5.2.4, where Land transferred to the Affected Yukon First Nation pursuant to 7.5.2.3(c) and 7.5.2.4(c) is not sufficient to provide compensation in Land as requested, order the balance of compensation to be in the form of 7.5.2.2(b), or (c), or both;
  • 7.5.2.4 if the expropriating Authority is not Government and the Surface Rights Board has determined there is not sufficient available Land for the purposes of 7.5.2.3,
    1. the Board shall so notify Government and thereafter Government shall be a party to the proceedings,
    2. the Board shall determine whether Government holds available Land which is contiguous to the Settlement Land and within the Affected Yukon First Nation's Traditional Territory, whether that Land is available and if so the value of that available Land in accordance with 7.5.2.7,
    3. the Board shall order Government to transfer to the Affected Yukon First Nation available Land up to the value, which in addition to the value of Land provided under 7.5.2.3, is necessary to provide compensation in Land as requested by the Affected Yukon First Nation under 7.5.2.3, and
    4. the Authority shall pay to Government the value of the Land provided under 7.5.2.4 (c) and all costs of Government associated with the transfer;
  • 7.5.2.5 the Surface Rights Board shall consider the matters set out in 8.4.1 when assessing the value of expropriated Settlement Land;
  • 7.5.2.6 Land is not available for the purposes of 7.5.2.3 or 7.5.2.4, if it is,
    1. Land subject to an agreement for sale or a lease containing an option to purchase, unless both Government and the Person holding such an interest in the Land consent,
    2. Land subject to a lease, unless both Government and the lessee consent,
    3. a highway or highway right-of-way,
    4. Land within 30 metres of the boundary line between the Yukon and Alaska, the Yukon and Northwest Territories, and the Yukon and British Columbia,
    5. Land determined by the Surface Rights Board to be occupied or used by the expropriating Authority, any federal or territorial department or agency, or by a municipal government except with the consent of that expropriating Authority, department, agency or municipal government,
    6. Land determined by the Surface Rights Board to be required for future use by the expropriating Authority, any federal or territorial department or agency, or by a municipal government except with the consent of that expropriating Authority, department, agency or municipal government,
    7. Land which the Surface Rights Board determines would, if provided to a Yukon First Nation, unreasonably limit the expansion of Yukon communities,
    8. Land which the Surface Rights Board determines would, if provided to a Yukon First Nation, unreasonably limit access for any Person to Navigable Water or highways, or
    9. such other Land as the Surface Rights Board in its discretion determines is not available;
  • 7.5.2.7 in determining the value of the Land to be provided by an Authority, the Surface Rights Board shall consider, in addition to the market value of the Land,
    1. the value of Fish and Wildlife Harvesting and of gathering to the Affected Yukon First Nation,
    2. any potential effect of the Land to be provided by an Authority upon other Settlement Land of the Affected Yukon First Nation,
    3. any cultural or other special value of the Land to the Affected Yukon First Nation, and
    4. such other factors as may be permitted by the Legislation establishing the Board;
  • 7.5.2.8 Land provided or ordered as compensation under this chapter, which is within the Traditional Territory of the Affected Yukon First Nation, shall be transferred to the Affected Yukon First Nation in fee simple and shall, in accordance with 7.5.2.9, be designated as,
    1. Category A Settlement Land when Mines and Minerals are included, or
    2. Category B Settlement Land or Fee Simple Settlement Land when Mines and Minerals are not included;
  • 7.5.2.9 prior to making an order under 7.5.2.3(c) or 7.5.2.4(c), the designation of Land under 7.5.2.8(b), and the designation of the acquired Land as Developed Settlement Land or Undeveloped Settlement Land shall be determined,
    1. by agreement between the Affected Yukon First Nation and Government, or
    2. failing agreement, by the Surface Rights Board; and
  • 7.5.2.10 the designation of Land provided as compensation shall not affect any surrender in respect of such Land.

Cross Referenced Clauses: 7.7.1, 7.7.2, 8.4.1 (all)

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 TKC nominee(s) on board, committee or other panel authorized by the National Energy Board Act where TKC Settlement Land is expropriated

Responsible party: National Energy Board

Participant / Liaison: TKC

Obligations addressed:

• 7.7.1 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.
• 7.7.2 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.

Cross Referenced Clauses: None identified

Planning Assumption

1. It is possible that an expropriation pursuant to the National Energy Board Act could affect more than one YFN. In that circumstance, the National Energy Board shall nominate at least one nominee from each Affected YFN.

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

Responsible party: Authority exercising a Flooding Right

Participant / Liaison: TKC, Surface Rights Board

Obligations addressed:

• 7.8.4 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.

Cross Referenced Clauses: 7.8.1 (all), 7.8.2, TKCFA Plan Activity Sheet 7.3.1

Project: Variation of land allocation

Responsible party: Government, affected YFN(s)

Participant / Liaison: None identified

Obligations addressed:

• 9.3.4 The land allocation determined under 9.3.3 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.

Cross Referenced Clauses: 2.3.1, 9.3.3; Chapter 9 Schedule A

Planning Assumptions

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.
2. If the land allocation pursuant to Chapter 9 Schedule A is varied, an amendment to the UFA will be required.

Project: Land exchange (not including land exchange relating to Livingstone Trail)

Responsible party: Canada, Yukon, TKC

Participant / Liaison: None identified

Obligations addressed:

• 9.6.1 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.

Cross Referenced Clauses: 2.3.5 (all), 9.6.1.1; Chapter 9 Schedule B (all)

Planning Assumptions

1. The activities may occur in relation to any category of Settlement Land.
2. The responsibility for any costs related to the survey and/or title registration will be addressed during the negotiation of the exchange.

Project: Livingstone Trail Realignment - TKC transfer of right, title and interest of portions of Parcels R 14B and R-20A

Responsible party: TKC, Yukon

Participant / Liaison: None identified

Obligations addressed:

Chapter 9 Schedule B

• 2.0 The Ta'an Kwach'an Council, upon receipt of the 60 days written notice referred to in the Livingstone Trail Realignment Special Conditions, shall forthwith transfer to the Yukon all its right, title, and interest in those portions of Parcels R-14B and R-20A upon which the 60 metre right-of-way and bridgehead reserves required for the Livingstone Trail Realignment have, in accordance with the Livingstone Trail Realignment Special Conditions, been surveyed.
• Appendix A - Settlement Land Descriptions R-14B, R-20A
  • subject to the following Special Conditions:
    • - Livingstone Trail Realignment:
      • (3) at any time within 5 years of having completed the Survey, the Yukon may, by providing 60 days written notice to the Ta'an Kwach'an Council and Canada, indicate its intention to commence the land exchange provided for in Schedule B of Chapter 9 and upon receipt of the notice by the Ta'an Kwach'an Council and Canada, the parties to this Agreement shall forthwith proceed with the land exchange;
      • (5) unless the parties to this Agreement otherwise agree, the Ta'an Kwach'an Council shall not allow any development on the Approximate Right-of-Way Location and Approximate Bridgehead Reserve Locations, following their identification, until such time as the survey has been completed or until the expiry of 55 years from the Effective Date of this Agreement, whichever is earlier;

Cross Referenced Clauses: 9.6.1.1; Chapter 9 Schedule B (all); Appendix A - Settlement Land Descriptions R-14B (all), R-20A (all)

Planning Assumptions

1. The provisions of Schedule B shall be of no force and effect two years from the Effective Date of the Final Agreement should no approximate location of the right-of-way and any bridgehead reserves referred to in the Livingstone Trail Realignment Special Regulations be identified by Yukon (Livingstone Trail Realignment Special Conditions - R-14B, R-20A).
2. The provisions of Schedule B shall be of no force and effect if the survey referred to in the Livingstone Trail Realignment Special Conditions is not completed within 50 years of the Effective Date of this Agreement (Livingstone Trail Realignment Special Conditions - R-14B, R-20A).
3. The provisions of Schedule B shall be of no force and effect after five years from the date of completion of the survey referred to in the Livingstone Trail Realignment Special Conditions should Yukon not commence construction of the Livingstone Trail Realignment (Livingstone Trail Realignment Special Conditions - R-14B, R-20A).

Project: Livingstone Trail Realignment - Negotiation of Crown Land to be transferred by Government to TKC in exchange for lands transferred to Government

Responsible party: Canada, Yukon, TKC

Participant / Liaison: YFN in whose Traditional Territory selected Crown Lands may be located ("the Other Yukon First Nation")

Obligations addressed:

Chapter 9 Schedule B

• 3.0 Government shall transfer Crown Land to the Ta'an Kwach'an Council as compensation for the Settlement Land transferred under 2.0 and the parties to this Agreement shall make reasonable efforts to reach agreement as to the Crown Land to be transferred.
• 4.0 If the parties to this Agreement are unable to reach agreement as to the Crown Land to be transferred pursuant to 3.0, the Surface Rights Board, upon the application of any one of the parties, shall identify Crown Land within the Traditional Territory of the Ta'an Kwach'an Council to be transferred to the Ta'an Kwach'an Council.
• 5.0 In making its determination under 4.0, the Surface Rights Board shall consider:
  • 5.1 any cultural or other special value to the Ta'an Kwach'an Council of the Settlement Land transferred to Yukon pursuant to 2.0; and
  • 5.2 the considerations set out in 7.5.2.6 of Chapter 7 and 9.5.6 of Chapter 9;
• 6.0 Any Crown land transferred to the Ta'an Kwach'an Council pursuant to an agreement reached under 3.0 or by an order of the Surface Rights Board under 4.0:
  • 6.1 shall be the full and only compensation for the Settlement Land transferred to Yukon pursuant to 2.0;
  • 6.2 shall be transferred by Government to the Ta'an Kwach'an Council in fee simple; and
  • 6.3 unless the parties to this Agreement otherwise agree, shall be designated as Category B Settlement Land.
• 7.0 Crown Land outside of the Traditional Territory of the Ta'an Kwach'an Council may be transferred to the Ta'an Kwach'an Council pursuant to an agreement reached under 3.0 but the land shall not be designated as Settlement Land unless agreed to by the parties to this Agreement and the Yukon First Nation in whose Traditional Territory the Crown Land is located.

Cross Referenced Clauses: 2.3.1, 7.5.2.6 (all), 8.2.1.1, 9.3.3, 9.5.6, 9.6.1.1; Chapter 9 Schedule B 1.0, 2.0; Appendix A - Settlement Land Descriptions R-14B (all), R-20A (all)

Planning Assumptions

1. The provisions of Schedule B shall be of no force and effect should no approximate location of the right-of-way and any bridgehead reserves referred to in the Livingstone Trail Realignment Special Regulations be identified by Yukon within two years from the Effective Date of the Final Agreement (Livingstone Trail Realignment Special Conditions - R-14B, R-20A).
2. The provisions of Schedule B shall be of no force and effect should the survey referred to in the Livingstone Trail Realignment Special Conditions is not completed within 50 years of the Effective Date of this Agreement (Livingstone Trail Realignment Special Conditions - R-14B, R-20A).
3. The provisions of Schedule B shall be of no force and effect should Yukon not commence construction of the Livingstone Trail Realignment after five years from the date of completion of the survey referred to in the Livingstone Trail Realignment Special Conditions (Livingstone Trail Realignment Special Conditions - R-14B, R-20A).

Project: Proposed establishment of a Special Management Area that does not include Settlement Land

Responsible party: Government

Participant / Liaison: LRRC, YHRB

Obligations addressed:

• 10.3.3 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.
• 10.3.4 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.
• 10.3.5 A Special Management Area may not include Settlement Land without the consent of the affected Yukon First Nation.

Cross Referenced Clauses: Chapter 2 Schedule B 4.1, 4.1.1; 10.4.1 (all), 10.5.1, 10.5.7, 10.5.8, 10.5.9, 10.6.0 (all), 10.7.1

Project: Proposed establishment of a Special Management Area that includes Settlement Land

Responsible party: Government

Participant / Liaison: LRRC, YHRB

Obligations addressed:

• 10.3.3 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.
• 10.3.4 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.
• 10.3.5 A Special Management Area may not include Settlement Land without the consent of the affected Yukon First Nation.

Cross Referenced Clauses: Chapter 2 Schedule B 4.1, 4.1.1; 10.4.1 (all), 10.5.1, 10.5.7, 10.5.8, 10.5.9, 10.6.0 (all), 10.7.1

Project: Negotiation of agreement regarding proposed Special Management Area which will adversely affect rights of TKC under a Settlement Agreement

Responsible party: Government

Participant / Liaison: TKC

Obligations addressed:

• 10.4.1 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:
  • 10.4.1.1 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
  • 10.4.1.2 mitigate adverse effects of the establishment of the Special Management Area on the affected Yukon First Nation.
• 10.4.2 Agreements negotiated pursuant to 10.4.1:
  • 10.4.2.1 shall address the rights Yukon Indian People have for Harvesting Fish and Wildlife within the Special Management Area;
  • 10.4.2.2 may address the economic and employment opportunities and benefits for the affected Yukon First Nation;
  • 10.4.2.3 may address whether, and on what terms, including provisions on management, Settlement Land may be included in the Special Management Area; and
  • 10.4.2.4 may include such other provisions as Government and the affected Yukon First Nation may agree.
• 10.4.3 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.
• 10.4.4 Where mediation under 10.4.3 does not result in agreement, the Government may establish the Special Management Area.

Cross Referenced Clauses: 10.3.3, 10.3.4, 10.4.5, 10.4.8, 10.4.9, 26.4.0

Planning Assumption

1. Pursuant to 10.3.3 and 10.3.4, Government shall refer the proposal for a Special Management Area to the affected Renewable Resource Council or to the Yukon Heritage Resources Board at an appropriate time.

Project: Access by Yukon Indian Person to Special Management Area established pursuant to 10.4.4

Responsible party: Government

Participant / Liaison: TKC

Obligations addressed:

• 10.4.5 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.

Cross Referenced Clauses: 6.2.3, 6.2.3.2, 10.4.4, 16.3.3 (all)

Project: Negotiate an agreement for Special Management Area where Government has established Special Management Area pursuant to 10.4.4

Responsible party: TKC, Government

Participant / Liaison: None identified

Obligations addressed:

• 10.4.6 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.

Cross Referenced Clauses: 10.4.1 (all), 10.4.4, 10.4.5

Project: Amendment to Special Management Area agreement negotiated pursuant to 10.4.1

Responsible party: TKC, Government

Participant / Liaison: None identified

Obligations addressed:

• 10.4.8 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.

Cross Referenced Clauses: 10.4.1 (all)

Project: Appending Special Management Area agreement negotiated pursuant to 10.4.1 to TKCFA

Responsible party: TKC, Canada, Yukon

Participant / Liaison: None identified

Obligations addressed:

• 10.4.9 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.

Cross Referenced Clauses: 2.3.4, 2.3.5 (all), 2.3.6, 10.4.1 (all), 10.4.6

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

Responsible party: Government

Participant / Liaison: LRRC, YHRB

Obligations addressed:

• 10.5.2 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.
• 10.5.3 Government shall make best efforts to complete the management plan within five years of the establishment of the Special Management Area.
• 10.5.4 Government shall review each management plan at least once every 10 years.
• 10.5.5 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.
• 10.5.6 The provisions of 16.8.0 shall apply in respect of the implementation of any recommendations made pursuant to 10.5.5.

Cross Referenced Clauses: Chapter 2 Schedule B 4.1, 4.1.1; 10.4.1 (all), 10.5.1, 10.6.1 (all), 10.7.1, 16.5.4, 16.8.0 (all)

Project: Nominees to a Regional Land Use Planning Commission ("RLUPC") for region including any part of TKC Traditional Territory

Responsible party: Government, TKC, other affected YFNs

Participant / Liaison: None identified

Obligations addressed:

• 11.4.2 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.
  • 11.4.2.1 Any Regional Land Use Planning Commission established for a planning region which includes any part of the Traditional Territory of the Ta'an Kwach'an Council shall be composed of one-third nominees of the Ta'an Kwach'an Council and the other Yukon First Nations whose Traditional Territories are included in the planning region, one-third nominees of Government, and one-third nominees appointed in accordance with 11.4.2.2.
  • 11.4.2.2 Government, the Ta'an Kwach'an Council and the other Yukon First Nations whose Traditional Territories are included in the planning region shall agree on who may nominate each of the last one-third of the nominees to the Regional Land Use Planning Commission referred to in 11.4.2.1 based upon the demographic ratio of Yukon Indian People in the planning region to the total population in the planning region.
  • 11.4.2.3 The Ta'an Kwach'an Council and the other Yukon First Nations whose Traditional Territories are included in the planning region shall determine the proposed Yukon First Nation nominees to the Regional Land Use Planning Commission, prior to entering the process in 11.4.2.5 and 11.4.2.6.
  • 11.4.2.4 Failing agreement under 11.4.2.2 or determination under 11.4.2.3, Government, the Ta'an Kwach'an 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.
  • 11.4.2.5 Prior to any appointments being made to a Regional Land Use Planning Commission, Government, and the Ta'an Kwach'an Council and the other Yukon First Nations whose Traditional Territories are included in a planning region, shall make reasonable attempts to reach a consensus as to the individuals which each nominates to the Regional Land Use Planning Commission.
  • 11.4.2.6 In attempting to reach consensus under 11.4.2.5, Government, and the Ta'an Kwach'an Council and the other Yukon First Nations whose Traditional Territories are included in a planning region, shall consider:
    1. any prospective nominee's familiarity with and sensitivity to the culture and aspirations of the Ta'an Kwach'an Council and the other Yukon First Nations whose Traditional Territories are included in a planning region;
    2. any prospective nominee's familiarity with land use planning issues;
    3. the compatibility of proposed nominees; and
    4. any other matters to which Government, and the Ta'an Kwach'an Council and the other Yukon First Nations whose Traditional Territories are included in the planning region, agree.
  • 11.4.2.7 If, after having made the reasonable attempts required by 11.4.2.5, Government, and the Ta'an Kwach'an Council and the other Yukon First Nations whose Traditional Territories are included in the planning region, are unable to reach a consensus, either may give written notice to the others setting out the names of the individuals which it intends to nominate to the Regional Land Use Planning Commission and 14 days thereafter may so nominate those individuals.

Cross Referenced Clauses: 11.4.3, 26.3.0 (all)

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

Responsible party: Government

Participant / Liaison: RLUPC, TKC, other affected YFNs, affected Yukon communities

Obligations addressed:

• 11.6.2 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.
• 11.6.3 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:
  • 11.6.3.1 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 reasons; and
  • 11.6.3.2 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.

Cross Referenced Clauses: 11.4.4, 11.6.1

Planning Assumptions

1. To the extent practicable, Government and TKC will undertake the necessary Consultation with respect to Non-Settlement and Settlement Land aspects of the plan in a coordinated fashion.
2. When reviewing the part of the plan which applies to Non-Settlement Land, Government will consider the entire recommended regional land use plan.

Project: Approval of regional land use plans by TKC (Settlement Land)

Responsible party: TKC

Participant / Liaison: RLUPC, Government

Obligations addressed:

• 11.6.4 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.
• 11.6.5 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:
  • 11.6.5.1 the Regional Land Use Planning Commission shall reconsider the plan and make a final recommendation for a regional land use plan to that affected Yukon First Nation, with written reasons; and
  • 11.6.5.2 the affected Yukon First Nation shall then approve, reject or modify the plan recommended under 11.6.5.1 after Consultation with Government.

Cross Referenced Clauses: 11.4.4, 11.6.1

Planning Assumptions

1. To the extent practicable, Government and TKC will undertake the necessary Consultation with respect to Non-Settlement and Settlement Land aspects of the plan in a coordinated fashion.
2. The Department of Indian Affairs and Northern Development will assume the lead role for Canada.
3. When reviewing the part of the plan which applies to Settlement Land, TKC will consider the entire recommended regional land use plan.

Project: Joint development of sub-regional or district land use plans

Responsible party: Government and TKC

Participant / Liaison: None identified

Obligations addressed:

• 11.8.4 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.
• 11.9.4 If Government initiates the development of a sub-regional or district land use plan by a planning body, the planning body established to prepare that plan shall prepare a budget for the preparation of the plan which shall be subject to review by Government, and Government shall pay those expenses which it approves.

Cross Referenced Clauses: 11.8.1, 11.8.2, 11.8.3

Planning Assumption

1. The joint preparation of sub-regional and/or district land use plans will occur in a manner consistent with Government and TKC policies.

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

Responsible party: TKC

Participant / Liaison: None identified

Obligations addressed:

• 13.3.1 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.
• 13.4.4 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.
• 13.4.7 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.
• 13.10.8 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.

Cross Referenced Clauses: 13.3.8, 13.4.1, 13.4.2, 13.4.8

Planning Assumptions

1. Canada and Yukon will assist TKC 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 TKC Traditional Territory

Responsible party: TKC, Canada, Yukon, other YFNs

Participant / Liaison: YHRB

Obligations addressed:

• 13.3.2 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, that are found in its respective Traditional Territory and that are directly related to the culture and history of Yukon Indian People.
  • 13.3.2.1 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.
• 13.3.5 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.
• 13.3.6 If the object in 13.3.5 is determined by the Yukon Heritage Resources Board to be:
  • 13.3.6.1 an ethnographic object directly related to the culture and history of Yukon Indian People, it shall be owned and managed by the Yukon First Nation in whose Traditional Territory it was found; or
  • 13.3.6.2 an ethnographic object not directly related to the culture and history of Yukon Indian People, or to be a palaeontological or an archaeological object, it shall be owned and managed by Government.

Cross Referenced Clauses: 13.3.3, 13.3.7, 13.3.8, 13.4.1, 13.4.2, 13.4.8, 13.5.3, 13.5.3.6, 13.6.1

Planning Assumptions

1. Yukon and Canada will assist TKC 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: Canada, Yukon, TKC

Participant / Liaison: Yukon Indian People, YHRB, other Yukon First Nation(s)

Obligations addressed:

• 13.4.1 As the Heritage Resources of Yukon Indian People are underdeveloped relative to non-Indian Heritage Resources, priority in the 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.
• 13.4.2 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.

Cross Referenced Clauses: 2.6.7, 13.1.0 (all), 13.3.1, 13.3.2 (all), 13.3.3, 13.3.4, 13.3.5, 13.3.6 (all), 13.3.8 (all), 13.4.3, 13.4.8, 13.5.3 (all), 13.7.1, 13.8.1.2, 13.8.1.3, 13.8.1.4, 13.8.2, 13.8.3 (all), 13.8.7 (all), 13.9.1 (all), 13.10.4, 13.10.5, 13.10.7, 13.10.8, 13.11.2, 13.11.3, 13.11.4; Chapter 13 Schedule A (all); 28.3.3.5

Planning Assumptions

1. The strategic plan will set out a collaborative, complementary approach to the development and management of heritage resources in TKC Traditional Territory, and will provide a framework to guide the priority-setting in the allocation of Government program resources available from time to time for Yukon Heritage Resources development and management which shall, where practicable, be given to the development and management of the Heritage Resources of Yukon Indian People until an equitable distribution of program resources is achieved, by:
   1. identifying related long-term and short-term priorities of TKC, Canada and the Yukon;
   2. coordinating the activities, projects and/or short-term or long-term plans by which each party will address its identified priorities and common priorities of the Parties;
   3. identifying sources of funding and/or other resources from TKC, Canada and the Yukon, as appropriate and as may be available from time to time, to support the activities, projects and/or plans, including opportunities to partner such activities, projects and/or plans with other related initiatives of those governments; and
   4. identifying opportunities and developing strategies to access any additional sources of funding and/or other resources for which the activities, projects and/or plans may be eligible.
2. Terms of reference for the strategic plan shall include:
   1. consideration of the objectives set out in 13.1.0;
   2. an approach that recognizes the historical underdevelopment of the Heritage Resources of Yukon Indian People;
   3. establishment of criteria and a process for evaluation of progress in achieving and maintaining an equitable distribution of Government program resources available from time to time for the development and management of Heritage Resources of Yukon Indian People as required pursuant to 13.4.1 and 13.4.2, including consideration of:
      • how the activities, projects and/or plans set out in the strategic plan, and related allocations of Government program resources, contribute to achieving the objective of 13.4.1 and 13.4.2 with respect to equitable distribution of program resources; and
      • allocations of Government program resources for the development and management of Heritage Resources of Yukon Indian People of all Yukon First Nations; and
   4. consideration of the activities required pursuant to 2.6.7, 13.1.0 (all), 13.3.1, 13.3.2 (all), 13.3.3, 13.3.4, 13.3.5, 13.3.6 (all), 13.3.8 (all), 13.4.3, 13.4.8, 13.5.3 (all), 13.7.1, 13.8.1.2, 13.8.1.3, 13.8.1.4, 13.8.2, 13.8.3 (all), 13.8.7 (all), 13.9.1, 13.10.4, 13.10.5, 13.10.7, 13.10.8, 13.11.2, 13.11.3, 13.11.4; Chapter 13 Schedule A (all), 28.3.3.5.
3. The terms of reference for the strategic plan may also include:
   1. the roles and participation of the Parties in developing, monitoring, reviewing and amending the strategic plan; and
   2. such other matters as the Parties may agree.
4. The development and implementation of the strategic plan, as described in the activities set out above, may be coordinated with the development and implementation of similar strategic plans for (an) other Yukon First Nation(s), at the discretion of Government, TKC and the other Yukon First Nation(s).
5. The development and management of the Heritage Resources of Yukon Indian People in that part of TKC Traditional Territory which, from time to time, overlaps the Traditional Territory of another YFN, will not be addressed in the strategic plan except to the extent that ownership of the Heritage Resource has been established pursuant to 13.3.2.1.
6. At discretion of the YHRB, the Parties may consult with the YHRB at any time during development of the terms of reference and/or of the strategic plan.

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, TKC

Participant / Liaison: None identified

Obligations addressed:

• 13.4.3 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.

CROSS REFERENCED CLAUSES: 13.4.1, 13.4.2, 13.4.8, 13.10.2

Planning Assumption

1. Government will assist TKC to access existing funding programs, including those programs designed to develop facilities to display and house Heritage Resources.

Project: Consultation with TKC on Legislation and related policies on Heritage Resources in the Yukon

Responsible party: Government

Participant / Liaison: TKC

Obligations addressed:

• 13.4.5 Government shall Consult Yukon First Nations in the formulation of Legislation and related Government policies on Heritage Resources in the Yukon.

CROSS REFERENCED CLAUSES: 13.10.3

Planning Assumption

1. The arrangements and procedures for Consultation will include provision for revising these arrangements and procedures from time to time.

Project: Consultation when establishing or designating territorial heritage parks or sites, heritage rivers, heritage routes, heritage buildings and special management areas for Heritage Resources directly related to the culture and heritage of Ta'an Kwach'an.

Responsible party: Government

Participant / Liaison: TKC

Obligations addressed:

• 13.4.6.6 Government shall Consult with the Ta'an Kwach'an Council when establishing or designating, as the case may be, territorial heritage parks or sites, heritage rivers, heritage routes, heritage buildings and special management areas for Heritage Resources, directly related to the culture and heritage of Ta'an Kwach'an.

Cross Referenced Clauses: 13.8.1.3, Chapter 13 Schedule A (all)

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

Responsible party: Government, TKC

Participant / Liaison: YHRB

Obligations addressed:

• 13.4.8 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.

CROSS REFERENCED CLAUSES: 2.7.1, 13.4.1, 13.4.2, 13.5.3, 13.5.3.7

Project: Development of a manual to include definitions relating to heritage resources

Responsible party: YFNs, Yukon, Canada

Participant / Liaison: YHRB

Obligations addressed:

• 13.5.3 The Board may make recommendations to the Minister and to Yukon First Nations on:
  • 13.5.3.6 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;

CROSS REFERENCED CLAUSES: 13.3.2.1, 13.3.6, 13.3.7, 13.4.1, 13.4.2, 13.5.4

Planning Assumptions

1. When making recommendations respecting issues affecting lands administered by Parks Canada Agency, the YHRB will address recommendations to the appropriate federal Minister.
2. In developing definitions of ethnographic, palaeontological objects etc., it is expected that the Yukon, YFNs, and Canada will agree on a single definition for each term.

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

Responsible party: Government

Participant / Liaison: TKC

Obligations addressed:

• 13.7.1 Research or interpretive reports produced by Government or its agents regarding Yukon Heritage Resources shall be made available to the affected Yukon First Nation.
• 13.7.2 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.

Cross Referenced Clauses: 2.7.1, 13.4.1, 13.4.2

Planning Assumption

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

Project: The provision of a written inventory of all Heritage Sites directly related to the culture and heritage of Ta'an Kwach'an within the Traditional Territory of the TKC

Responsible party: Government

Participant / Liaison: TKC

Obligations addressed:

• 13.8.1.1 The ownership of the land in the Traditional Territory of the Ta'an Kwach'an Council is not affected by reason of that land being a Heritage Site or a Designated Heritage Site.
• 13.8.1.2 Government shall provide the Ta'an Kwach'an Council with a written inventory of the sites within the Traditional Territory of the Ta'an Kwach'an Council which are identified by Government as Heritage Sites directly related to the culture and heritage of Ta'an Kwach'an, including information on their location and character, which have been documented by Government at the Effective Date of this Agreement.

CROSS REFERENCED CLAUSES: 13.4.1, 13.4.2

Project: The identification of proposed Designated Heritage Sites or Heritage Sites directly related to the culture and heritage of Ta'an Kwach'an

Responsible party: Government

Participant / Liaison: TKC

Obligations addressed:

• 13.8.1.3 Government shall inform the Ta'an Kwach'an Council when land within the Traditional Territory of the Ta'an Kwach'an Council is identified by Government as a proposed Designated Heritage Site or as a Heritage Site directly related to the culture and heritage of Ta'an Kwach'an.

CROSS REFERENCED CLAUSES: 13.4.1, 13.4.2, 13.5.3, 13.5.3.9, 13.8.1.4, 13.8.1.6

Project: The interim protection of a Heritage Site on Non-Settlement Land, Category B Settlement Land, or Fee Simple Settlement Land directly related to the culture and heritage of the Ta'an Kwach'an

Responsible party: Government

Participant / Liaison: TKC

Obligations addressed:

• 13.8.1.4 When requested by the Ta'an Kwach'an 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 the Ta'an Kwach'an which is on Non-Settlement Land, Category B Settlement Land or Fee Simple Settlement Land within the Traditional Territory of the Ta'an Kwach'an Council, pending a decision by the Minister whether to designate the Heritage Site as a Designated Heritage Site.
• 13.8.1.5 Government shall Consult with the Ta'an Kwach'an Council regarding the terms and conditions of the temporary protection which might apply to the Heritage Site pursuant to 13.8.1.4.

CROSS REFERENCED CLAUSES: 13.4.1, 13.4.2

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: Negotiation of arrangements for ownership, management and protection of a Heritage Site on Non-Settlement Land

Responsible party: Government, TKC

Participant / Liaison: None identified

Obligations addressed:

• 13.8.1.7 Government and the Ta'an Kwach'an Council may negotiate arrangements for the ownership, management and protection of a Heritage Site on Non-Settlement Land within the Traditional Territory of the Ta'an Kwach'an Council which is directly related to the culture and heritage of Ta'an Kwach'an.

Cross Referenced Clauses: 13.4.1, 13.4.2, 13.8.1.6, 13.8.2, 13.8.3, 13.8.3.1, 13.8.6

Project: Consideration of other resource users in management of interpretive and research activities at Heritage Sites

Responsible party: Government, TKC

Participant / Liaison: None identified

Obligations addressed:

• 13.8.2 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.

CROSS REFERENCED CLAUSES: 5.5.1 (all), 13.4.1, 13.4.2, 13.8.1.6

Project: The development and drafting of a permit system for use in the management of research activities at sites which may contain Moveable Heritage Resources

Responsible party: Government, TKC

Participant / Liaison: None identified

Obligations addressed:

• 13.8.3 Government and the affected Yukon First Nation shall institute a permit system for research at any site which may contain Moveable Heritage Resources.
  • 13.8.3.1 Government and the Ta'an Kwach'an Council shall Consult each other during the development and drafting of the permit system referred to in 13.8.3.
  • 13.8.3.2 Without limiting any authority which Government or the Ta'an Kwach'an Council may otherwise have to establish a permit system, the system may include provisions in respect of:
    1. notification of an application for a permit and any permit issued;
    2. requirements that research be conducted in a manner which maximizes the preservation of Moveable Heritage Resources;
    3. involvement of Ta'an Kwach'an in research at sites which contain Moveable Heritage Resources directly related to the culture and heritage of Yukon Indian People;
    4. the sharing of information between Government and the Ta'an Kwach'an Council relating to the nature and scope of research for which a permit application has been made; and
    5. requirements for the provision to Government and the Ta'an Kwach'an Council by a permitee of non-technical summaries of the results of research conducted pursuant to a permit.

CROSS REFERENCED CLAUSES: 5.5.1 (all), 13.3.1, 13.4.1, 13.4.2

Project: Consultation before issuance of permit for research at a Heritage Site which is directly related to the culture and heritage of Ta'an Kwach'an in the Traditional Territory of the TKC

Responsible party: Government

Participant / Liaison: TKC

Obligations addressed:

• 13.8.3.3 Government shall Consult the Ta'an Kwach'an Council before issuing a permit for research at a Heritage Site which is directly related to the culture and heritage of Ta'an Kwach'an in the Traditional Territory of the Ta'an Kwach'an Council.

CROSS REFERENCED CLAUSES: 13.8.3, 13.8.3.2(all), 13.8.4, 13.8.5(all)

Project: The control of access to Designated Heritage Sites

Responsible party: Canada, Yukon, TKC

Participant / Liaison: YHRB

Obligations addressed:

• 13.8.4 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.
• 13.8.5 Government and the affected Yukon First Nation, when controlling access to Designated Heritage Sites, shall consider:
  • 13.8.5.1 the interests of permitted researchers;
  • 13.8.5.2 the interest of the general public; and
  • 13.8.5.3 the requirements of special events and traditional activities.

Cross Referenced Clauses: 10.5.1, 10.5.2, 13.8.1 (all), 13.8.2, 13.8.3.2, 13.8.3.3

Planning Assumption

1. Responsibility for monitoring and enforcement of access to Designated Heritage Sites will be addressed in the management plans.

Project: The protection of Heritage Resources accidentally discovered on TKC Settlement Land

Responsible party: TKC

Participant / Liaison: Surface Rights Board

Obligations addressed:

• 13.8.7.1 A Person who accidentally discovers a Heritage Resource on Ta'an Kwach'an 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 Ta'an Kwach'an Council.
• 13.8.7.2 A Person described in 13.8.7.1 who is not exercising a right of access or a right to use Ta'an Kwach'an 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 Ta'an Kwach'an Council.
• 13.8.7.3 A Person described in 13.8.7.1 who is exercising a right of access or a right to use Ta'an Kwach'an 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:
  1. the consent of the Ta'an Kwach'an Council; or
  2. failing consent, an order of the Surface Rights Board setting out the terms and conditions of further disturbing the Heritage Site or Moveable Heritage Resource.

Cross Referenced Clauses: 13.4.1, 13.4.2, 13.8.7.4

Planning Assumptions:

1. The Parties will undertake to share advance drafts of material intended for public distribution relating to the accidental discovery of Heritage Resources on TKC Settlement Land, and to include mutually acceptable material in any publications containing information dealing with activities which may result in the accidental discovery of a Heritage Resource.
2. Where practicable, material published shall include descriptive cultural information to facilitate recognition of a Heritage Resource.

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

Responsible party: Government, TKC

Participant / Liaison: None identified

Obligations addressed:

• 13.8.7.4 The Ta'an Kwach'an Council shall report to Government, as soon as practicable, the discovery on Ta'an Kwach'an Council Settlement Land of any Documentary Heritage Resource reported to it under 13.8.7.1.
• 13.8.7.5 Government and the Ta'an Kwach'an 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.
• 13.8.7.6 If a Documentary Heritage Resource is a Non-Public Record, the Ta'an Kwach'an Council shall make reasonable efforts to determine if it is privately owned.

Cross Referenced Clauses: 13.4.1, 13.4.2, 13.8.7.1, 26.3.0 (all)

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

Responsible party: TKC, Government

Participant / Liaison: None identified

Obligations addressed:

• 13.9.1 Government and Yukon First Nations shall each establish procedures to manage and protect Yukon First Nation Burial Sites which shall:
  • 13.9.1.1 restrict access to Yukon First Nation Burial Sites to preserve the dignity of the Yukon First Nation Burial Sites;
  • 13.9.1.3 provide that, subject to 13.9.2, where a Yukon First Nation Burial Site is discovered, the Yukon First Nation in whose Traditional Territory the Yukon First Nation Burial Site is located shall be informed, and the Yukon First Nation Burial Site shall not be further disturbed.

Cross Referenced Clauses: 13.4.1, 13.4.2, 13.9.2

Planning Assumptions

1. The Parties will undertake to share advance drafts of material intended for public distribution relating to the accidental discovery of TKC Burial Sites, and to include mutually acceptable material in any publications containing information dealing with activities which may result in the accidental discovery of a TKC Burial Site.
2. Where practicable, material published shall include descriptive cultural information to facilitate recognition of a TKC Burial Site.

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

Responsible party: Government, TKC

Participant / Liaison: None identified

Obligations addressed:

• 13.9.1 Government and Yukon First Nations shall each establish procedures to manage and protect Yukon First Nation Burial Sites which shall:
  • 13.9.1.1 restrict access to Yukon First Nation Burial Sites to preserve the dignity of the Yukon First Nation Burial Sites;
  • 13.9.1.2 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
  • 13.9.1.3 provide that, subject to 13.9.2, where a Yukon First Nation Burial Site is discovered, the Yukon First Nation in whose Traditional Territory the Yukon First Nation Burial Site is located shall be informed, and the Yukon First Nation Burial Site shall not be further disturbed.

Cross Referenced Clauses: 13.4.1, 13.4.2, 13.9.2

Planning Assumptions

1. During the development of procedures, the parties will exchange information on any known burial sites within TKC Traditional Territory.
2. The Parties will undertake to share advance drafts of material intended for public distribution relating to the accidental discovery of TKC Burial Sites, and to include mutually acceptable material in any publications containing information dealing with activities which may result in the accidental discovery of a TKC Burial Site.
3. Where practicable, material published shall include descriptive cultural information to facilitate recognition of a TKC Burial Site.

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

Responsible party: TKC

Participant / Liaison: None identified

Obligations addressed:

• 13.9.2 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 in whose Traditional Territory the Yukon First Nation Burial Site is located.
• 13.9.3 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 Yukon First Nation Burial Site may be further disturbed.

CROSS REFERENCED CLAUSES: 13.9.1 (all), 26.7.0 (all)

Project: Development of policies and procedures regarding the exhumation, examination and reburial of human remains from a TKC Burial Site

Responsible party: TKC

Participant / Liaison: None identified

Obligations addressed:

• 13.9.4 Any exhumation, examination, and reburial of human remains from a Yukon First Nation Burial Site ordered by an arbitrator under 13.9.3 shall be done by, or under the supervision of, that Yukon First Nation.
• 13.9.5 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 at the discretion of the affected Yukon First Nation.

CROSS REFERENCED CLAUSES: 13.9.1 (all), 13.9.2, 13.9.3

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

Responsible party: Government

Participant / Liaison: TKC

Obligations addressed:

• 13.10.2 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.

CROSS REFERENCED CLAUSES: 2.7.1, 13.4.8

Project: Consultation with TKC on Legislation and related policies on Documentary Heritage Resources in the Yukon relating to Yukon Indian People

Responsible party: Government

Participant / Liaison: TKC

Obligations addressed:

• 13.10.3 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.

CROSS REFERENCED CLAUSES: 13.4.5

Planning Assumption

1. The arrangements and procedures for Consultation will include provision for revising these arrangements and procedures from time to time.

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

Responsible party: Government

Participant / Liaison: TKC

Obligations addressed:

• 13.10.4 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.

Cross Referenced Clauses: 13.3.1, 13.3.2, 13.4.1, 13.4.3, 13.4.7, 13.10.2, 13.10.3, 13.10.7

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 YFN collections when originals remain in Government custody.
2. The Parties agree that Government's ability to notify TKC of Government's existing and anticipated arrangements and plans for managing Documentary Heritage Resources relating to Ta'an Kwach'an which are not held by Government may be subject to limitations imposed or indicated by the holders of the Documentary Heritage Resources.
3. If Elders are to be involved in the interpretation of Documentary Heritage Resources relating to Yukon Indian People, then translations of Documentary Heritage Resources may be required.

Project: The preparation of displays and inventories of Documentary Heritage Resources relating to Yukon Indian People

Responsible party: Government

Participant / Liaison: TKC, Yukon Indian Elders

Obligations addressed:

• 13.10.5 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.

Cross Referenced Clauses: 13.3.1, 13.3.2, 13.4.1, 13.4.3, 13.4.7, 13.10.2, 13.10.3, 13.10.7

Planning Assumptions

1. Copies of inventories of Documentary Heritage Resources relating to Yukon Indian People will be made available to YFNs as agreed to by the parties.
2. If Elders are to be involved in the interpretation of Documentary Heritage Resources relating to Yukon Indian People, then translations of Documentary Heritage Resources may be required.

Project: Consultation with TKC by the Yukon Geographical Place Names Board ("YGPNB")

Responsible party: YGPNB

Participant / Liaison: TKC, Canada

Obligations addressed:

• 13.11.2 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.

CROSS REFERENCED CLAUSES: 13.4.1, 13.4.2, 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 National Topographic Series

Responsible party: TKC, Canada

Participant / Liaison: Yukon Geographical Place Names Board ("YGPNB")

Obligations addressed:

• 13.11.3 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.
• 13.11.4 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.

CROSS REFERENCED CLAUSES: 13.4.1, 13.4.2, 13.11.1

Planning Assumption

1. It is expected that a YFN-controlled mapping company will investigate contract arrangements for map production with Canada.

Project: Contracts associated with the management of a Designated Heritage Site directly related to the history or culture of the Ta'an Kwach'an within TKC Traditional Territory

Responsible party: Government

Participant / Liaison: TKC

Obligations addressed:

• 13.12.1.1 Government shall provide written notice to the Ta'an Kwach'an Council of any public tender for contracts associated with the management of a Designated Heritage Site directly related to the history or culture of Ta'an Kwach'an within the Traditional Territory of the Ta'an Kwach'an Council.
• 13.12.1.2 Government shall include the Ta'an Kwach'an Council in any invitational tender for contracts associated with the management of a Designated Heritage Site directly related to the history or culture of the Ta'an Kwach'an within the Traditional Territory of the Ta'an Kwach'an Council.
• 13.12.1.3 The Ta'an Kwach'an Council shall have the first opportunity to accept any contract offered by Government other than by public or invitational tender associated with the management of a Designated Heritage Site directly related to the history or culture of Ta'an Kwach'an within the Traditional Territory of the Ta'an Kwach'an Council upon the same terms and conditions as would be offered to others.
• 13.12.1.4 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.
• 13.12.1.5 Any failure to include the Ta'an Kwach'an Council in any invitational tender for contracts pursuant to 13.12.1.2 shall not affect the invitational tender process or the contract awards resulting therefrom.
• 13.12.1.6 Any failure to provide a first opportunity pursuant to 13.12.1.3 shall not affect any contract entered into associated with the management of a Designated Heritage Site directly related to the history or culture of Ta'an Kwach'an within the Traditional Territory of the TA'AN Kwach'an Council.

CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1, 4.1.2; 22.5.10

Project: The development of contract opportunities associated with a Designated Heritage Site within the Traditional Territory of the TKC.

Responsible party: Government

Participant / Liaison: TKC

Obligations addressed:

• 13.12.1.7 Government shall include in any contract opportunities associated with a Designated Heritage Site directly related to the history or culture of Ta'an Kwach'an within the Traditional Territory of the Ta'an Kwach'an Council:
  1. a criterion for the employment of Ta'an Kwach'an or engagement of Ta'an Kwach'an Firms; and
  2. a criterion for special knowledge or experience of Ta'an Kwach'an related to the Designated Heritage Site.
• 13.12.1.8 Nothing in 13.12.1.7 shall be construed to mean that a criterion for employment of Ta'an Kwach'an or engagement of Ta'an Kwach'an Firms or for special knowledge or experience of Ta'an Kwach'an shall be the determining criterion in awarding any contract.

Cross Referenced Clauses: Chapter 2 Schedule B 4.1, 4.1.2; 13.12.1.1, 13.12.1.2

Planning Assumption

1. Government retains ultimate responsibility for contracting associated with Designated Heritage Sites.

Project: Renewal or replacement of Water Licences

Responsible party: TKC

Participant / Liaison: Yukon Water Board

Obligations addressed:

• 14.7.4 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.

Cross Referenced Clauses: 14.7.3

Planning Assumption

1. It is expected that the Yukon Water Board is aware of its obligation pursuant to this provision.

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

Responsible party: TKC

Participant / Liaison: Person seeking access, Surface Rights Board

Obligations addressed:

• 14.7.5 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.

Cross Referenced Clauses: 14.7.1, 14.7.3, 14.7.6, 14.12.0 (all)

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

Responsible party: TKC

Participant / Liaison: Holder of Water Licence, Yukon Water Board

Obligations addressed:

• 14.7.8 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.

Cross Referenced Clauses: 14.7.3, 14.11.0 (all), 14.12.0 (all)

Planning Assumption

1. Any subsequent replacement or renewal of a Licence described in 14.7.3 will be consistent with the operation of this chapter.

Project: Shared drainage basin agreements

Responsible party: Canada

Participant / Liaison: TKC, Yukon, Government of the Northwest Territories, Government of British Columbia, Government of Alaska

Obligations addressed:

• 14.10.1 Government shall make best efforts to negotiate Water management agreements with other jurisdictions which share drainage basins with the Yukon.
• 14.10.2 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.

Cross Referenced Clauses: None identified

Planning Assumptions

1. Once negotiations have been established with another jurisdiction, affected YFNs 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 YFNs 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 YFNs in the briefing and preparation for negotiations and in the negotiation sessions.

Project: Preparation for Yukon Water Board proceedings with respect to compensation matters

Responsible party: TKC, Yukon Indian Person

Participant / Liaison: Yukon Water Board

Obligations addressed:

• 14.12.1 Compensation to be paid to a Yukon First Nation or a Yukon Indian Person pursuant to this chapter shall only be for provable loss or damage to the Yukon First Nation or Yukon Indian Person.
• 14.12.2 The amount and terms of compensation set out in 14.12.1 shall be determined by the Board.

Cross Referenced Clauses: 14.8.1, 14.9.2, 14.12.3 (all), 14.12.4, 14.12.5 (all), 14.12.6 (all), 14.12.7, 14.12.8, 14.12.9, 14.12.10

Project: Establishment of the Yukon River Watershed Management Working Group if the Working Group is initially established pursuant to the TKCFA

Responsible party: TKC, Canada, Yukon

Participant / Liaison: None identified

Obligations addressed:

Chapter 14 Schedule A

• 2.1 The Working Group shall be established, as soon as practical and in no case later than 180 days after the Effective Date of this Agreement, to make recommendations designed to promote, in relation to that portion of the Area located within the Traditional Territory of the Ta'an Kwach'an Council:
  • 2.1.1 public awareness and appreciation of the Water, including respect for the traditional and current use of the Water by Yukon Indian People and respect for the historical and current use of the Water by others;
  • 2.1.2 responsible residential, commercial, recreational and other uses of the Water and shoreline lands bordering the Water;
  • 2.1.3 coordination and facilitation of the efforts of Government, Yukon First Nations and communities in or downstream from the Area, to maintain or improve the health of the Water and related shorelines; and
  • 2.1.4 the protection and enhancement of Freshwater Fish and Salmon and their habitat.
• 2.2 Subject to 2.4, the Working Group shall be comprised of four members, of whom two shall be nominated by the Ta'an Kwach'an Council and two shall be nominated jointly by Canada and the Yukon.
• 2.3 Persons nominated to the Working Group shall have familiarity with land and water in all or parts of the Area.

Cross Referenced Clauses: 14.6.2, Chapter 14 Schedule A 1.0, 3.1, 3.4

Planning Assumptions

1. The Parties will be responsible for the costs of the participation of their member(s) in the Yukon River Watershed Management Working Group.
2. In advance of the Effective Date of the Final Agreement of a Participating Yukon First Nation, a representative from other Participating Yukon First Nations may be invited to attend meetings of the Yukon River Watershed Management Working Group at their own cost.
3. If the Working Group is not initially established pursuant to the TKCFA, then the inclusion of TKC in the Working Group process is dealt with in the activity sheet for Chapter 14, Schedule A 2.4.

Project: Merger of the Yukon River Watershed Management Working Group (the "Working Group") with other working group(s) provided for under Participating Yukon First Nation Final Agreement(s)

Responsible party: TKC, Canada, Yukon

Participant / Liaison: None identified

Obligations addressed:

Chapter 14 Schedule A

• 2.4 Unless the Working Group under this Agreement has already delivered its recommendations pursuant to 3.0, upon the Effective Date of the Final Agreement of a Participating Yukon First Nation, the Yukon River Watershed Management Working Group provided for under that Final Agreement and the Working Group under this Agreement shall be merged to form one joint Working Group, to make recommendations in respect of that portion of the Area located within the Traditional Territories of the Ta'an Kwach'an Council and the Participating Yukon First Nation, and shall be comprised of either four or six members as follows:
  • 2.4.1 if the joint Working Group is formed from the merger of Working Groups under this Agreement and the Final Agreement of one Participating Yukon First Nation, then the joint Working Group shall be comprised of four members, of whom one shall be nominated by the Ta'an Kwach'an Council, one shall be nominated by the Participating Yukon First Nation and two shall be nominated jointly by Canada and the Yukon;
  • 2.4.2 if the joint Working Group is formed from the merger of Working Groups under this Agreement and the Final Agreements of two Participating Yukon First Nations, then the joint Working Group shall be comprised of six members, of whom one shall be nominated by the Ta'an Kwach'an Council, one shall be nominated by each of the two Participating Yukon First Nations, and three shall be nominated jointly by Canada and the Yukon.

Cross Referenced Clauses: 14.6.2, Chapter 14 Schedule A 1.0, 2.3, 3.1

Planning Assumption

1. If the Working Group has already delivered its recommendations pursuant to 3.0, then the provisions of 2.4 and this activity sheet shall not apply.
2. The Parties will be responsible for the costs of the participation of their member(s) in the Yukon River Watershed Management Working Group.
3. In advance of the Effective Date of the Final Agreement of the second Participating Yukon First Nation, a representative from the second Participating Yukon First Nations may be invited to attend meetings of the merged Yukon River Watershed Management Working Group at their own cost.

Project: Recommendations of the Yukon River Watershed Management Working Group (the "Working Group")

Responsible party: TKC, Canada, Yukon

Participant / Liaison: FWMB, SSC, Renewable Resources Councils having jurisdiction in the Area, any Regional Land Use Planning Commissions established for the Area, the Yukon River Inter Tribal Watershed Council, the Government of British Columbia ("the Recipients")

Obligations addressed:

Chapter 14 Schedule A

• 3.1 The recommendations of the Working Group shall be made to Government, the Ta'an Kwach'an Council and the Participating Yukon First Nations.
• 3.2 In preparing its recommendations, the Working Group shall:
  • 3.2.1 provide for a public consultation process including consultation with affected communities in the Area; and
  • 3.2.2 consider the traditional knowledge and experience of Yukon Indian People in relation to the Water.
• 3.3 Prior to submitting its recommendations, the Working Group shall provide its proposed recommendations, for review and comments, to:
  • 3.3.1 the Renewable Resources Councils having jurisdiction in the Area;
  • 3.3.2 any Regional Land Use Planning Commissions established for the Area;
  • 3.3.3 the Fish and Wildlife Management Board;
  • 3.3.4 the Salmon Sub-Committee;
  • 3.3.5 the Yukon River Inter Tribal Watershed Council established among First Nations in Alaska and Yukon; and
  • 3.3.6 the Government of British Columbia.
• 3.4 The Working Group shall make best efforts to deliver its recommendations within 24 months of the date upon which it was first established pursuant to this Agreement or a Final Agreement of a Participating Yukon First Nation.

Cross Referenced Clauses: 14.6.2, Chapter 14 Schedule A 1.0

Project: Review and implementation of recommendations of the Yukon River Watershed Management Working Group (the "Working Group")

Responsible party: TKC, Canada, Yukon

Participant / Liaison: None identified

Obligations addressed:

Chapter 14 Schedule A

• 4.1 Within 90 days of receipt of the recommendations, Government, the Ta'an Kwach'an Council, and any Participating Yukon First Nation shall jointly review the recommendations with a view to reaching consensus as to which, if any, of the recommendations they will each support.
• 4.2 If consensus is not obtained pursuant to 4.1, Government, the Ta'an Kwach'an Council and any Participating Yukon First Nation shall refer the recommendations back to the Working Group for reconsideration with written reasons as to which recommendations they each support or reject.
• 4.3 Within 90 days of a referral for reconsideration, the Working Group shall reconsider its recommendations and make its final recommendations to Government, the Ta'an Kwach'an Council and any Participating Yukon First Nation.
• 4.4 Within 60 days following receipt of the final recommendations, Government, the Ta'an Kwach'an Council and any Participating Yukon First Nation shall advise each other, in writing, which recommendations, if any, they are prepared to support, together with reasons for that decision.
• 5.1 The recommendations supported by Government, the Ta'an Kwach'an Council and the Participating Yukon First Nations may be implemented to the extent possible within program resources which may be available to each of them from time to time.
• 5.3 Government, the Ta'an Kwach'an Council, and the Participating Yukon First Nations, or any of them, may develop mechanisms or enter into agreements to facilitate cooperative implementation of the recommendations which they each support.

Cross Referenced Clauses: 14.6.2; Chapter 14 Schedule A 1.0, 5.2, 5.4

Project: Review progress of implementation of recommendations of the Yukon River Watershed Management Working Group (the "Working Group")

Responsible party: TKC, Canada, Yukon

Participant / Liaison: None identified

Obligations addressed:

Chapter 14 Schedule A

• 5.5 Government, the Ta'an Kwach'an Council, and the Participating Yukon First Nations shall meet, within 3 months of the third, sixth and ninth anniversaries of Government's receipt of the recommendations from the Working Group, and thereafter as the parties may agree, to jointly review:
  • 5.5.1 progress of implementation of the supported recommendations;
  • 5.5.2 progress in meeting the objectives of the recommendations as set out in 2.1; and
  • 5.5.3 the recommendations which were not supported by one or more of them and reconsider whether those recommendations could be supported.
• 6.1 Government, the Ta'an Kwach'an Council and the Participating Yukon First Nations shall make best efforts to encourage the Government of British Columbia to adopt measures similar or compatible with this schedule for the Yukon River watershed within British Columbia.

Cross Referenced Clauses: 14.6.2, Chapter 14 Schedule A 1.0, 2.1, 4.4, 5.1, 5.2, 5.3, 5.4

Planning Assumption

1. The communication described in the first activity shall be through the persons nominated pursuant to FAIP 5.1.

Project: Survey of Settlement Land boundaries

Responsible party: Canada

Participant / Liaison: SLC, Yukon, TKC, CYI, LTO

Obligations addressed:

• 15.2.1 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.
• 15.2.3 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.
• 15.2.4 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.
• 15.2.5 The Surveyor General has statutory responsibility for and control over all legal surveys arising out of Settlement Agreements.
• 15.2.9 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.

Cross Referenced Clauses: 5.3.2, 5.3.3, 15.2.6, 15.2.7, 15.2.8, 15.2.10, 15.3.4 (all), 15.4.2, 15.4.2.1, 15.4.3, 15.7.1, 22.3.4

Planning Assumptions

1. Natural Resources Canada will assume the lead role for Canada.
2. Unless otherwise agreed by the parties, working group discussions pursuant to 15.2.1 shall take place in Whitehorse.

Project: Use and enjoyment of Settlement Land by Yukon Indian People prior to completion of surveys

Responsible party: SLC, Government

Participant / Liaison: Yukon Indian People, TKC

Obligations addressed:

• 15.3.6 To the extent practicable, between the Effective Date of each Yukon First Nation Final Agreement and the date of confirmation of a plan of survey of any particular Parcel of Settlement Land or Site Specific Settlement Land, Yukon Indian People shall not be precluded from the interim use and enjoyment of that Parcel by reason only that a plan of survey of that Parcel has not been confirmed.
• 15.3.7 During the period described in 15.3.6:
  • 15.3.7.1 each Settlement Land Committee shall receive requests relating to the use and enjoyment of Proposed Site Specific Settlement Land by Yukon Indian People;
  • 15.3.7.2 each Settlement Land Committee shall determine whether it is practicable to give effect to such requests and shall recommend to Canada or the Yukon, as the case may be, that it take such steps as the Committee considers appropriate; and
  • 15.3.7.3 Government undertakes to take such steps as it considers practicable to give effect to the recommendations of the Settlement Land Committee.

Cross Referenced Clauses: None identified

Project: Resolving disputes regarding identification and selection of Site Specific Settlement Land and determination of priorities for survey of Settlement Land

Responsible party: Canada, SLC, Yukon, TKC

Participant / Liaison: None identified

Obligations addressed:

• 15.3.8 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.
• 15.3.9 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 affected Yukon First Nation.

Cross Referenced Clauses: 15.3.4 (all), 15.3.5 (all), 15.4.5, 26.3.0 (all)

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: Approval of survey plans

Responsible party: Canada, TKC, SLC

Participant / Liaison: Yukon, LTO

Obligations addressed:

• 15.6.6 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.
• 15.6.7 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.
• 15.6.8 After resolution of any disagreement pursuant to 15.6.7, the plan shall be returned directly to the Surveyor General for confirmation.

Cross Referenced Clauses: 5.2.3, 5.2.4, 5.5.1, 5.5.1.4, 15.2.4, 15.6.1, 26.3.0 (all)

Planning Assumption

1. Natural Resources Canada will assume the lead role for Canada.

Project: Employment and economic opportunities -- Surveying

Responsible party: Canada

Participant / Liaison: TKC

Obligations addressed:

• 15.7.1.1 In evaluating any competitive proposal, bid or tender for the survey of Ta'an Kwach'an Council Settlement Land, Government shall include among the factors for consideration, employment of Ta'an Kwach'an, and Ta'an Kwach'an and Ta'an Kwach'an Council ownership or equity investment in the firm submitting the proposal, bid or tender, and in any subcontractor to that firm.
• 15.7.1.2 The Ta'an Kwach'an Council and Government shall ensure that qualifications and experience requirements for employment of Ta'an Kwach'an in the surveying of Ta'an Kwach'an Council Settlement Land shall be established at levels appropriate to the nature of the tasks being performed in that employment, and shall take into account the local knowledge of Ta'an Kwach'an.
• 15.7.1.3 Qualified Ta'an Kwach'an shall have first priority for employment in the surveying of Ta'an Kwach'an Council Settlement Land on the same terms and conditions that such employment would be offered to any other person with the appropriate qualifications and experience.
• 15.7.1.4 Nothing in 15.7.1.1 shall be construed to mean that the criteria for employment of Ta'an Kwach'an, or for Ta'an Kwach'an and Ta'an Kwach'an Council ownership or equity investment shall be the determining criteria in the award of any contract.

Cross Referenced Clauses: 15.2.5, 15.7.2, 22.3.1

Planning Assumptions

1. Natural Resources Canada ("NRCan") will assume the lead role for Canada.
2. NRCan and TKC have agreed that the committee established to evaluate the "First Nation Involvement Proposal" of competitive proposals, bids or tenders for survey of TKC Settlement Land will include a representative of the TKC.
3. The meeting to evaluate the "First Nations Involvement Proposal" of competitive proposals, bids or tenders for survey of TKC Settlement Land shall take place in Whitehorse.

Project: Administration of survey contracts

Responsible party: Canada, TKC

Participant / Liaison: Yukon Indian People

Obligations addressed:

• 15.7.2 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.

Cross Referenced Clauses: 15.7.1.1, 22.5.4, 22.5.6, 22.5.8, 22.5.9

Planning Assumption

1. Natural Resources Canada will assume the lead role for Canada.

Project: Consultation with TKC prior to imposition of a limitation pursuant to 16.3.3 in Legislation

Responsible party: Government

Participant / Liaison: TKC, other affected YFNs

Obligations addressed:

• 16.3.3 The exercise of rights under this chapter is subject to limitations provided for elsewhere in Settlement Agreements and to limitations provided in Legislation enacted for purposes of Conservation, public health or public safety.
  • 16.3.3.1 Any limitation provided for in Legislation pursuant to 16.3.3 must be consistent with this chapter, reasonably required to achieve those purposes and may only limit those rights to the extent necessary to achieve those purposes.
  • 16.3.3.2 Government shall Consult with the affected Yukon First Nation before imposing a limitation pursuant to 16.3.3.

Cross Referenced Clauses: 16.3.2, 16.3.9, 16.3.10, 16.5.4, 16.6.9, 16.6.10 (all), 16.7.12.7, 16.7.16

Project: Representation of the interests of TKC and other affected YFNs in international negotiations involving Fish and Wildlife management issues

Responsible party: Canada

Participant / Liaison: TKC and other affected YFNs

Obligations addressed:

• 16.3.5 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.

Cross Referenced Clauses: 16.5.4

Planning Assumption

1. Canada, where practicable, will 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, Wildlife Management Advisory Council (North Slope), Porcupine Caribou Management Board and others.

Project: Amendments to Game Export Act

Responsible party: Canada

Participant / Liaison: Yukon, TKC

Obligations addressed:

• 16.3.7 Government shall make best efforts to amend the Game Export Act, R.S.C. l985, c. G-1 to enable the transport of Wildlife products for traditional non-commercial purposes across borders with Alaska, British Columbia and the Northwest Territories.
• 16.3.8 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.

Cross Referenced Clauses: 16.7.16

Planning Assumption

1. The Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, R.S.C. 1992, c.52 was assented to by Parliament on December 17, l992 and was proclaimed with regulations on May 14, 1996. 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.

Project: Coordinated Fish and Wildlife population management in and outside of National Parks

Responsible party: Canada, Yukon, TKC, FWMB, LRRC

Participant / Liaison: None identified

Obligations addressed:

• 16.3.14.1 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.

Cross Referenced Clauses: 16.3.14, 16.3.15

Project: Provision of proof in relation to Harvesting rights

Responsible party: TKC

Participant / Liaison: Canada, Yukon

Obligations addressed:

• 16.4.7 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.

Cross Referenced Clauses: 16.4.2 (all), 16.4.8, 16.4.9, 16.5.1, 16.5.1.1

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

Responsible party: Government

Participant / Liaison: TKC

Obligations addressed:

• 16.5.4 Government shall Consult with a Yukon First Nation prior to taking action on Fish or 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.

Cross Referenced Clauses: 16.3.3.2, 16.5.1 (all)

Project: Nomination of alternate members to the LRRC

Responsible party: TKC, Yukon

Participant / Liaison: None identified

Obligations addressed:

• 16.6.2.1 The Minister and Ta'an Kwach'an Council may each nominate one additional member as an alternate member to the Council.

Cross Referenced Clauses: 2.11.8, 2.12.2.3, 2.12.2.4, Chapter 2 Schedule B 4.1, 4.1.3; 16.6.2.2, 16.6.2.3, 16.6.4 (all), Chapter 16 Schedule C 2.0 (all)

Project: Nominations to the LRRC

Responsible party: TKC, Yukon

Participant / Liaison: None identified

Obligations addressed:

• 16.6.4.3 Prior to any appointments being made to the Council, the Minister and the Ta'an Kwach'an Council shall make reasonable attempts to reach a consensus as to the individuals which each party nominates to the Council.
• 16.6.4.4 In attempting to reach consensus under 16.6.4.3, the Minister and the Ta'an Kwach'an Council shall consider:
  1. any prospective nominee's familiarity with and sensitivity to the culture and aspirations of the Ta'an Kwach'an Council;
  2. any prospective nominee's familiarity with renewable resource issues;
  3. any information available as to a prospective nominee's intention to remain resident in the Traditional Territory of the Ta'an Kwach'an Council;
  4. the compatibility of proposed nominees; and
  5. any other matters to which the Minister and the Ta'an Kwach'an Council agree.
• 16.6.4.5 If, after having made the reasonable attempts required by 16.6.4.3, the Minister and the Ta'an Kwach'an Council are unable to reach a consensus, either party may give written notice to the other setting out the names of the individuals which it intends to nominate to the Council and 14 days thereafter may so nominate those individuals.

Cross Referenced Clauses: 2.11.8, 2.12.2.3, 2.12.2.4, Chapter 2 Schedule B 4.1, 4.1.3; 16.6.4.1, 16.6.4.2, 16.6.2, Chapter 16 Schedule C

Project: Amendment of Wildlife Act

Responsible party: Yukon

Participant / Liaison: TKC, Renewable Resources Councils ("RRCs"), FWMB

Obligations addressed:

• 16.6.13 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.

Cross Referenced Clauses: 2.11.8, Chapter 2 Schedule B 4.1, 4.1.3; 16.5.4, 16.6.10.6, 16.7.16, 16.11.1

Project: Provision of research results/information to LRRC

Responsible party: Government, TKC

Participant / Liaison: LRRC

Obligations addressed:

• 16.6.15 Government shall provide Councils with the results of research under 16.6.10.11.
• 16.6.17 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.

Cross Referenced Clauses: 2.11.8, Chapter 2 Schedule B 4.1, 4.1.3; 16.6.10.11

Project: Recommendation to Minister on allocation, in amount and area, of Salmon to users

Responsible party: SSC

Participant / Liaison: TKC, other affected YFNs, Canada

Obligations addressed:

• 16.7.17.12 Without restricting 16.7.17.11, the Sub-Committee:
  • (f) after Consultation with affected Yukon First Nations, shall make recommendations to the Minister on allocation, in amount and by area, of Salmon to users, in accordance with this chapter; and

Cross Referenced Clauses: 16.7.17.11, 16.8.0 (all), 16.10.5; Chapter 16 Schedule A

Planning Assumption

1. The Department of Fisheries and Oceans will assume the lead role for Canada.

Project: Allocation of Total Allowable Harvest (TAH) for moose before resolving TKC overlaps with other Yukon First Nations

Responsible party: Yukon, TKC

Participant / Liaison: LRRC

Obligations addressed:

• 16.9.1.3 If a Total Allowable Harvest is established for moose for all or part of the Traditional Territory of the Ta'an Kwach'an Council, Government shall allocate to the Ta'an Kwach'an Council either:
  1. a portion of the Total Allowable Harvest determined in accordance with Schedule D - Allocation of Total Allowable Harvest for Moose, attached to this chapter; or
  2. the number of moose required to satisfy the Subsistence needs of Ta'an Kwach'an,
  3. whichever is less.
• 16.9.1.5 The Subsistence needs of Ta'an Kwach'an referred to in 16.9.1.3(b), 16.9.1.4(b) and 2.3.2.3 of Schedule D to this chapter shall be determined in the following manner:
  1. the Ta'an Kwach'an Council shall provide its assessment of the Subsistence needs of Ta'an Kwach'an to Government and the Council;
  2. if Government disagrees with the Ta'an Kwach'an Council's assessment of the Subsistence needs of Ta'an Kwach'an, the Minister and the Ta'an Kwach'an Council shall attempt to agree on the Subsistence needs of Ta'an Kwach'an, and failing agreement, either party may refer the matter to the dispute resolution process under 26.3.0; and
  3. the following shall be included in determining the Subsistence needs of Ta'an Kwach'an for the purposes of 16.9.1.5:
     1. the health and nutritional needs of Ta'an Kwach'an;
     2. recent and current harvests of the species by Ta'an Kwach'an;
     3. the harvest patterns of Ta'an Kwach'an and changes to those patterns;
     4. current personal consumption estimates of the species by Ta'an Kwach'an; and
     5. such other factors as agreed upon by Government and the Ta'an Kwach'an Council.

Chapter 16 Schedule D

• 2.1 If a Total Allowable Harvest is established for moose for all or part of the Traditional Territory of the Ta'an Kwach'an Council, Government shall allocate to the Ta'an Kwach'an Council 75% of the Total Allowable Harvest.

Cross Referenced Clauses: 2.11.8; Chapter 2 Schedule B 4.1.3; 16.5.1, 16.5.4, 16.6.10.1, 16.7.12.2, 16.7.12.4, 16.9.2 (all), 26.3.0 (all)

If, at some point in the future, it becomes necessary to limit the number of moose which can be harvested, a TAH is put in place. 16.9.1.3 provides that TKC hunters be allocated a certain proportion of the moose. TKC hunters are allocated either a specific proportion of the number of moose available for harvest, or the number of animals required to meet the Subsistence needs of the Ta'an Kwach'an, which ever is less.

Before TKC resolves its traditional territory overlaps with its neighbouring First Nations, the 'proportion' number is set out in Schedule D 2.1 namely, 75% of the moose available for harvest. The subsistence needs number is determined through discussions between TKC and the Yukon Minister responsible for wildlife, as described in 16.9.1.5. These two numbers are compared, and the allocation to First Nation hunters is the smaller of the two.

Project: Negotiation of moose allocation and allocation of Total Allowable Harvest (TAH) for moose after resolving TKC overlaps with other Yukon First Nations

Responsible party: Yukon, TKC

Participant / Liaison: LRRC

Obligations addressed:

• 16.9.1.3 If a Total Allowable Harvest is established for moose for all or part of the Traditional Territory of the Ta'an Kwach'an Council, Government shall allocate to the Ta'an Kwach'an Council either:
  1. a portion of the Total Allowable Harvest determined in accordance with Schedule D - Allocation of Total Allowable Harvest for Moose, attached to this chapter; or
  2. the number of moose required to satisfy the Subsistence needs of Ta'an Kwach'an, whichever is less.
• 16.9.1.5 The Subsistence needs of Ta'an Kwach'an referred to in 16.9.1.3(b), 16.9.1.4(b) and 2.3.2.3 of Schedule D to this chapter shall be determined in the following manner:
  1. the Ta'an Kwach'an Council shall provide its assessment of the Subsistence needs of Ta'an Kwach'an to Government and the Council;
  2. if Government disagrees with the Ta'an Kwach'an Council's assessment of the Subsistence needs of Ta'an Kwach'an, the Minister and the Ta'an Kwach'an Council shall attempt to agree on the Subsistence needs of Ta'an Kwach'an, and failing agreement, either party may refer the matter to the dispute resolution process under 26.3.0; and
  3. the following shall be included in determining the Subsistence needs of Ta'an Kwach'an for the purposes of 16.9.1.5:
     1. the health and nutritional needs of Ta'an Kwach'an;
     2. recent and current harvests of the species by Ta'an Kwach'an;
     3. the harvest patterns of Ta'an Kwach'an and changes to those patterns;
     4. current personal consumption estimates of the species by Ta'an Kwach'an; and
     5. such other factors as agreed upon by Government and the Ta'an Kwach'an Council.

Chapter 16 Schedule D

• 2.1 If a Total Allowable Harvest is established for moose for all or part of the Traditional Territory of the Ta'an Kwach'an Council, Government shall allocate to the Ta'an Kwach'an Council 75% of the Total Allowable Harvest.
• 2.2 Upon the elimination of Overlapping Areas in all or substantially all of the Traditional Territory of the Ta'an Kwach'an Council and upon the request of the Ta'an Kwach'an Council, the parties to this agreement shall endeavour to negotiate an allocation for moose for the Traditional Territory of the Ta'an Kwach'an Council no less favourable to the Ta'an Kwach'an Council than the allocation set out at 2.1.
• 2.3 Any allocation negotiated under 2.2 shall be in the following form:
  • 2.3.1 When the Available Harvest in the Traditional Territory is as set out in column 1 of the following table, Government shall allocate to the Ta'an Kwach'an Council that portion of the Total Allowable Harvest established for moose for all or part of the Traditional Territory of the Ta'an Kwach'an Council set out in the corresponding row of column 2.
  • 2.3.2 The numbers and percentages to be inserted in column 1 and column 2 of the table will be determined by the parties as part of the negotiation under 2.2 and shall be based on the following factors:
    • 2.3.2.1 estimates of the moose population in the Traditional Territory of the Ta'an Kwach'an Council;
    • 2.3.2.2 the traditional knowledge and experience of Ta'an Kwach'an;
    • 2.3.2.3 the Subsistence needs of Ta'an Kwach'an;
    • 2.3.2.4 the reasonable needs of other harvesters;
    • 2.3.2.5 the matters set out in 16.9.6.1 to 16.9.6.4; and
    • 2.3.2.6 such other factors as agreed upon by Government and the Ta'an Kwach'an Council.
  • 2.3.3 In determining the Available Harvest in the Traditional Territory for the purposes of an allocation negotiated under 2.2, Government shall Consult with the Ta'an Kwach'an Council and the Council and shall consider scientific research and the special knowledge and experience of Ta'an Kwach'an.
• 2.4 Failing an agreement under 2.2, the allocation shall be as set out in 2.1.

Cross Referenced Clauses: 2.11.8; Chapter 2 Schedule B 4.1.3; 16.5.1, 16.5.4, 16.6.10.1, 16.7.12.2, 16.7.12.4, 16.9.2 (all), 26.3.0 (all)

If, at some point in the future, it becomes necessary to limit the number of moose which can be harvested, a TAH is put in place. 16.9.1.3 provides that TKC hunters be allocated a certain proportion of the moose. TKC hunters are allocated either a specific proportion of the number of moose available for harvest, or the number of animals required to meet the Subsistence needs of Ta'an Kwach'an, whichever is less.

After TKC substantially resolves its traditional territory overlap with its neighbouring First Nations, the model for allocating moose to TKC hunters may change. The 75% proportion, as described in the previous activity sheet entitled "Allocation of Total Allowable Harvest (TAH) for moose before resolving TKC overlaps with other First Nations", may change, if a new allocation proportion can be agreed upon, as described in this activity sheet.

Project: Allocation of Total Allowable Harvest (TAH) for woodland caribou

Responsible party: Yukon, TKC

Participant / Liaison: LRRC

Obligations addressed:

• 16.9.1.4 If a Total Allowable Harvest is established for woodland caribou for all or part of the Traditional Territory of the Ta'an Kwach'an Council, Government shall allocate to the Ta'an Kwach'an Council either:
  1. 75% of the Total Allowable Harvest; or
  2. the number of woodland caribou required to satisfy the Subsistence needs of Ta'an Kwach'an,
     whichever is less.
• 16.9.1.5 The Subsistence needs of Ta'an Kwach'an referred to in 16.9.1.3(b), 16.9.1.4(b) and 2.3.2.3 of Schedule D to this chapter shall be determined in the following manner:
  1. the Ta'an Kwach'an Council shall provide its assessment of the Subsistence needs of Ta'an Kwach'an to Government and the Council;
  2. if Government disagrees with the Ta'an Kwach'an Council's assessment of the Subsistence needs of Ta'an Kwach'an, the Minister and the Ta'an Kwach'an Council shall attempt to agree on the Subsistence needs of Ta'an Kwach'an, and failing agreement, either party may refer the matter to the dispute resolution process under 26.3.0; and
  3. the following shall be included in determining the Subsistence needs of Ta'an Kwach'an for the purposes of 16.9.1.5:
     1. the health and nutritional needs of Ta'an Kwach'an;
     2. recent and current harvests of the species by Ta'an Kwach'an;
     3. the harvest patterns of Ta'an Kwach'an and changes to those patterns;
     4. current personal consumption estimates of the species by Ta'an Kwach'an; and
     5. such other factors as agreed upon by Government and the Ta'an Kwach'an Council.

Cross Referenced Clauses: 2.11.8; Chapter 2 Schedule B 4.1.3; 16.5.1, 16.5.4, 16.6.10.1, 16.7.12.2, 16.7.12.4, 16.9.2 (all), 26.3.0 (all)

If, at some point in the future, it becomes necessary to limit the number of woodland caribou which can be harvested, a Total Allowable Harvest (TAH) is put in place. 16.9.1.4 provides that TKC hunters be allocated a certain proportion of the caribou. TKC hunters are allocated either 75% of the number of caribou available for harvest, or the number of caribou required to meet the Subsistence needs of Ta'an Kwach'an, whichever is less.

Project: Harvest reallocation upon request of TKC under 16.9.3

Responsible party: Yukon, TKC

Participant / Liaison: Other YFNs

Obligations addressed:

• 16.9.3 Where, in any year:
  • 16.9.3.1 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
  • 16.9.3.2 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.

Cross Referenced Clauses: 16.9.1, 16.9.13

Project: Negotiation of Basic Needs Level

Responsible party: TKC, Government

Participant / Liaison: None identified

Obligations addressed:

• 16.9.13 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.

Cross Referenced Clauses: 16.5.1, 16.5.1.4, 16.5.1.5, 16.9.15, 16.10.3

Project: Endeavouring to rehabilitate wildlife populations

Responsible party: Government, TKC, FWMB and LRRC

Participant / Liaison: None identified

Obligations addressed:

• 16.9.16 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.

Cross Referenced Clauses: 16.1.1, 16.1.1.1, 27.4.1

Planning Assumptions

1. The initial discussions will identify time lines, budgetary and other resources required and each party's participation in the development of the plan.
2. The plan will identify each party's participation in the process of rehabilitating the population.

Project: Exploring ways to improve distribution of edible meat to Yukon Indian People which is a by-product of the harvest

Responsible party: Government, YFNs

Participant / Liaison: LRRC

Obligations addressed:

• 16.9.17 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.

Cross Referenced Clauses: 16.5.1.8, 16.8.0 (all)

Planning Assumptions

1. It is the Parties' understanding that TKC will take responsibility for initiating these activities. TKC will initiate these activities at their discretion.
2. Government and TKC may refer this issue to the LRRC for its input.

Project: Negotiation of basic needs allocations -- Salmon pursuant to Chapter 16 Schedule A 3.9.2, 3.9.3, and 3.9.4

Responsible party: Canada and TKC

Participant / Liaison: None identified

Obligations addressed:

• 16.10.3 In negotiating a basic needs allocation, the affected Yukon First Nation and Government shall consider the following:
  • 16.10.3.1 the historical uses and Harvesting patterns of Yukon Indian People and other aboriginal groups;
  • 16.10.3.2 the Harvesting patterns of other residents of the Yukon;
  • 16.10.3.3 changing patterns of consumption;
  • 16.10.3.4 the statistics prepared by the Department of Fisheries and Oceans for the Indian food fishery within each drainage basin for the past five years;
  • 16.10.3.5 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
  • 16.10.3.6 such other factors as the parties may agree.

Chapter 16 Schedule A

• 3.9.2 If, within three months of the release of the results of the Study, a Yukon First Nation so requests, the Minister and the Yukon First Nation will negotiate with a view to agreeing to make changes to 3.9.1 to balance better the change over time in population of the Yukon First Nation with the factors listed 16.10.3, and each party will consider in negotiations the recommendations of the contractor referred to in 3.6.2 and the factors described in 16.10.3.
• 3.9.3 If, after one year following the request to negotiate, the parties have not reached agreement, either party may, within a further 30 days, refer any outstanding matter to the dispute resolution process under 26.4.0.
• 3.9.4 If no agreement is reached under 3.9.2, no reference to dispute resolution is made under 3.9.3, or no agreement is reached within four months following a reference to dispute resolution, the basic needs allocation for the Yukon First Nation shall be as set out in 3.9.1.

Cross Referenced Clauses: 16.10.4; Chapter 16 Schedule A 2.1, 3.2, 3.6.2, 3.9.1; 26.4.0; TKCFA Plan Activity Sheet Chapter 16 Schedule A 4.1

Planning Assumption

1. The Department of Fisheries and Oceans will assume the lead role for Canada.

Project: Variation of basic needs allocation for Salmon among YFNs

Responsible party: YFNs (as defined in Chapter 16 Schedule A), Canada

Participant / Liaison: SSC

Obligations addressed:

• 16.10.5 The basic needs allocation among the Yukon First Nations of Salmon set out in Schedule A - Determination of 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.

Cross Referenced Clauses: 16.7.17.11, 16.7.17.12(f); Chapter 16 Schedule A

Planning Assumptions

1. The parties may seek the recommendations of the SSC to assist in determining the new allocation.
2. The Department of Fisheries and Oceans will assume the lead role for Canada.

Project: Priority of YFNs' basic needs allocation

Responsible party: Canada

Participant / Liaison: SSC, YFNs

Obligations addressed:

• 16.10.8 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 Allowable 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.

Cross Referenced Clauses: None identified

Planning Assumptions

1. Canada shall work with the SSC and YFNs to determine how the priority of the YFNs' total basic needs allocation for the drainage basin is to be given effect.
2. The Department of Fisheries and Oceans will assume the lead role for Canada.

Project: Distribution of Total Allowable Catch when Total Allowable Catch falls below YFNs' basic needs allocation for the Yukon River Drainage Basin

Responsible party: Canada

Participant / Liaison: SSC and affected YFNs

Obligations addressed:

• 16.10.9 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.
• 16.10.13 Where:
  • 16.10.13.1 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
  • 16.10.13.2 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 needs allocation.

Cross Referenced Clauses: 16.10.8

Planning Assumptions

1. The Department of Fisheries and Oceans ("DFO") will assume the lead role for Canada.
2. Where inaccurate pre-season or in-season Total Allowable Catch determinations result in an inability to meet the basic needs allocation for the drainage basin and other commercial and sport fisheries have harvested Salmon, Government will subsequently adjust the affected YFN's annual basic needs allocations. The intention would be to provide for that adjustment within the Total Allowable Catch established for the following year if it is reasonable to do so.
3. Where the in-season Total Allowable Catch is less than what is required to satisfy the basic needs allocation 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 basic needs allocation will be made.
4. 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.
5. 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 YFN's basic needs allocation fishery.
6. 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 YFN'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: SSC

Participant / Liaison: Affected YFNs, Canada

Obligations addressed:

• 16.10.14 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.

Cross Referenced Clauses: 16.8.9

Planning Assumptions

1. The Department of Fisheries and Oceans ("DFO") will assume the lead role for Canada.
2. Canada will provide the technical information and support available to it in order to assist the SSC in making a determination pursuant to this clause.
3. Management information currently available to the DFO may not, in all cases, be adequate to determine conclusively that the over-harvesting by a downstream YFN resulted in the unavailability of sufficient salmon for an upstream YFN to meet its basic needs allocation.

Project: Additional commercial Salmon fishing licences

Responsible party: Canada, Yukon First Nations of the Yukon River Drainage Basin ("Affected YFNs")

Participant / Liaison: None identified

Obligations addressed:

• 16.10.15 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.
• 16.10.16 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.
  • 16.10.16.1 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.
  • 16.10.16.2 Upon receipt of notification pursuant to 16.10.16.1, Government shall issue, without fee, the licences to the affected Yukon First Nations.
• 16.10.17 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.

Cross Referenced Clauses: 16.7.17.12, 16.7.17.12 (e), 16.10.20

Planning Assumptions

1. Pursuant to 16.7.17.12 (e), the SSC may make recommendations to Canada on related new opportunities and proposed management measures for the commercial uses of Salmon.
2. The eight (8) licences to be issued pursuant to 16.10.15 represents 26 percent of the thirty (30) Yukon commercial Salmon fishing licences in effect for the Yukon River drainage basin on May 28, 1993 the day immediately preceding the date of ratification of the Umbrella Final Agreement.
3. The Department of Fisheries and Oceans will assume the lead role for Canada.

Project: Allocation of traplines

Responsible party: Yukon, TKC, LRRC

Participant / Liaison: None identified

Obligations addressed:

• 16.11.3.4 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.
• 16.11.10 The Council shall regularly review the use of traplines and make recommendations to the Minister and Yukon First Nations on the assignment and reassignment of all new, vacant and under-utilized traplines pursuant to criteria that it establishes in accordance with 16.6.10.6 and 16.6.10.7, as follows:
  • 16.11.10.1 new and vacant traplines shall be assigned with regard to criteria established by the Council and, to the extent possible, in accordance with 16.11.3;
  • 16.11.10.2 additional criteria for the allocation of Category 1 Traplines may be established by a Yukon First Nation;
  • 16.11.10.6 for Category 1 Traplines, the final allocation authority shall rest with the Yukon First Nation;
  • 16.11.10.7 for Category 2 Traplines, the final allocation authority shall rest with the Minister;

Cross Referenced Clauses: 2.11.8, Chapter 2 Schedule B 4.1, 4.1.3; 16.6.10.6, 16.6.10.7, 16.8.0 (all), 16.11.2 (all), 16.11.3 (all), 16.11.10.3, 16.11.10.5, 16.11.10.8

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

Responsible party: TKC

Participant / Liaison: Registered holder, LRRC, Yukon

Obligations addressed:

• 16.11.8 A trapline shall be designated Category 1 only with the written consent of the registered holder of that trapline.
• 16.11.9 Where less than 70 percent of the traplines within a Yukon First Nation's Traditional Territory are designated as Category 1 pursuant to 16.11.7, that Yukon First Nation's Final Agreement shall set out the process by which additional traplines may be designated as Category 1 Traplines.
  • 16.11.9.1 The process required by 16.11.9 is that the Ta'an Kwach'an Council shall provide Government with proof of the consent required by 16.11.8 and shall provide Government and the Council with notice that it has designated the trapline to be a Category 1 Trapline.

Cross Referenced Clauses: Chapter 2 Schedule B 4.1, 4.1.3, 6.0; 16.11.3.5, 16.11.5.1, 16.11.6, 16.11.7, 16.11.7.1, 16.11.10.5, Chapter 16 Schedule B 1.1

Project: Trade and redesignation of Category 1 and 2 Traplines

Responsible party: Minister, TKC, LRRC