Agreement to Extend the Rights of First Refusal and the Provisions Regarding the Acquisition of Licenses or Permits for Commercial River Rafting on the Alsek River in the Champagne and Aishihik First Nation Final Agreement, Chapter 10, Schedule A
Among:
The undersigned
CHAMPAGNE AND AISHIHIK FIRST NATIONS ("CAFN")
As represented by the Chief
AND
GOVERNMENT OF CANADA ("Canada")
As represented by the Minister of Indian Affairs and Northern Development Canada
AND
YUKON GOVERNMENT ("YG")
As represented by the Premier
BEING collectively the parties (herein called the "Parties") to this Agreement (the "Agreement")
WHEREAS
- Chapter 10, Schedule A, 9.9 of the CAFN Final Agreement (the "CAFN FA") provides that the Champagne and Aishihik First nations shall have the right of first refusal to acquire new commercial river rafting licenses or permits, should the Canadian Parks Service establish a quota for commercial river rafting opportunities originating and finishing on the Alsek River, as set out in 9.9.
- The right of first refusal referred to in Chapter 10, Schedule A, 9.9 of the CAFN expires, pursuant to Chapter 10, Schedule A, 10,10 of the CAFN FA, on January 1, 2016, unless the parties to the CAFN FA agree to extend the application of the provisions.
- The current CAFN FA Implementation Plan Activity Sheet for Chapter 10, Schedule A, 9.9 identifies the expiry period of January 1, 2016
- The parties have contemplated agreeing to extend the Champagne and Aishihik First Nation right of first refusal, identified in Chapter 10, Schedule A, 9.9 of the CAFN FA, to apply without an expiry date.
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
1.0 Extension of Provisions
1.1 Pursuant to Chapter 10, Schedule A, 10.10 of the CAFN FA, the period of the application of Chapter 10, Schedule A, 9.9 is extended indefinitely.
2.0 Amendment to Activity Sheet
2.1 The Activity Sheet for Chapter 10, Schedule A, 9.9 is amended as follows:
| Responsibility | Activities | Timing |
|---|---|---|
| Canada (CPS) |
Offer the lesser of:
|
In the first year a quota is established |
| CAFN | Determine if licenses/permits are wanted and apply to CPS. | Within 1 year of offer |
| Canada (CPS) | Issue permits/licences generally available. OR | If CAFN does not apply within 1 year or fails to satisfy requirements |
| Make permits/licenses generally available. | If CAFN does not apply within 1 year or fails to satisfy requirements | |
| Canada, Yukon, CAFN | Refer any dispute to mediation under 26.4.0. | As required |
| Minister of Environment | Decide issue | If no resolution by mediation |
| Canada (CPS) | Offer any new licenses or permits issued from time to time until CAFN and CAFN Firms together have 25% of the quota in effect from time to time. | In the second year and each subsequent year after a quota is established. |
| Parties | Follow steps 2 through 7. | As required from time to time |
Planning Assumptions
- The quota described in this clause has been established; therefore, the CAFN are eligible for these licences by the Effective Date.
- A definition of existing commercial river rafting operators will be established in consultation with the CAFN and the industry in order to give effect to this provision.
3.0 Signatures
3.1 The Agreement may be signed in counterparts, including by facsimile transmission or other electronic means, including via PDF, each of which when signed will be deemed to be an original and the counterparts together will be one document.
Signed at Haines Junction on the 30th day of October, 2015 by :
Chief Steve Smith: (Signature) ______________
On behalf of Champagne and Aishihik First Nations
Witness: (Signature) ______________
Signed at Gatineau, on the 7th day of December, 2015 by:
The Honorable: (Signature) ______________
Minister of Indian Affairs and Northern Development
On behalf of the Government of Canada
Witness: (Signature) ______________
Signed at Whitehorse, on the 16th day of December, 2015 by:
Premier Darrell Pasloski: (Signature) ______________
On behalf of Yukon Government
Witness: (Signature) ______________