Amendment to the Tlicho Agreement

AMENDMENT AGREEMENT

among

THE TŁĮCHǪ GOVERNMENT

and

THE GOVERNMENT OF THE NORTHWEST TERRITORIES

and

THE GOVERNMENT OF CANADA

WHEREAS

The Tłı̨chǫ Government, the Government of the Northwest Territories and the Government of Canada (collectively the "Parties") signed the Tłı̨chǫ Land Claims and Self Government Agreement ("Tłı̨chǫ Agreement") on August 25, 2003;

WHEREAS

Pursuant to 19.8 of the Tłı̨chǫ Agreement, the Government of the Northwest Territories has a right of access without charge to Tłı̨chǫ lands and waters overlying those lands for the purpose of establishing, building, managing, controlling, varying and closing up the Gamètì and Whatì winter roads;

WHEREAS

Territorial legislation in respect of public highways applies to the Gamètì and Whatì winter roads referred to in 19.8 as if they were Crown lands;

WHEREAS

The Tłı̨chǫ Government has requested that the Government of the Northwest Territories add the Wekweètì winter road to the public highway system;

WHEREAS

The Government of the Northwest Territories supports the addition of the Wekweètì winter road to the public highway system;

WHEREAS

The Wekweètì winter road is on Tłı̨chǫ lands and waters overlying Tłı̨chǫ lands and on lands under the administration and control of the Government of the Northwest Territories and waters overlying those lands;

WHEREAS

In order for the Government of the Northwest Territories to manage, control, establish, build, vary and close the Wekweètì winter road pursuant to territorial legislation governing the public highway system, a right of access for the Government of the Northwest Territories is required for that portion of the winter road which is located on Tłı̨chǫ lands and waters overlying those lands;

WHEREAS

The Tłı̨chǫ Government, the Government of the Northwest Territories and the Government of Canada agree that in order to add the Wekweètì winter road to the public highway system and to provide access to the Government of the Northwest Territories to the Wekweètì winter road located on Tłı̨chǫ lands, an amendment to Section 19.8.1 and an amendment to the Appendix to Chapter 19 (Map showing approximate location of Gamètì and Whatì Winter Roads (19.8.1)) of the Tłı̨chǫ Agreement are required;

WHEREAS

Pursuant to 2.10.l of the Tłı̨chǫ Agreement, an amendment to Section 19.8 or to the appendix to Chapter 19 of the Tłı̨chǫ Agreement requires:

1. the consent of the Government of Canada as evidenced by the signature of the Deputy Minister of Indian Affairs and Northern Development;
2. the consent of the Government of the Northwest Territories as evidenced by the signature of the Deputy Minister of Municipal and Community Affairs;
3. the consent of the Tłı̨chǫ Government, as provided for in the Tłı̨chǫ Constitution;

WHEREAS

The Tłı̨chǫ Constitution provides that consent of the Tłı̨chǫ Government to an amendment made pursuant to 2.10.1 c) is evidenced by the consent of the Chiefs Executive Council, such consent to be evidenced by the signature of the Grand Chief for the Tłı̨chǫ Government.

NOW THEREFORE the parties agree to the following:

1. Page 169 of the Tłı̨chǫ Agreement, in the 3rd line of Section 19.8.1
   • Add ", Wekweètì" after the word Gamètì.
   • The amended Section 19.8.1 will now read:
   • Subject to 19.1.9, agents, employees and contractors of the Government of the Northwest Territories have a right of access without charge to Tłı̨chǫ lands and waters overlying those lands, for the purpose of establishing and building the Gamètì, Wekweètì and Whatì winter roads whose approximate locations are shown on the map in the appendix to this chapter and for the purpose of managing, controlling, varying and closing up those roads.
2. Page 170 of the Tłı̨chǫ Agreement, Appendix to Chapter 19, MAP SHOWING APPROXIMATE LOCATION OF GAMÈTÌ AND WHATÌ WINTER ROADS (19.8.1)
   • Replace the entire Appendix to Chapter 19 with a new Appendix as set out in Schedule A.
3. This Amendment Agreement may be signed in counterparts, each of which so signed shall be deemed to be an original, and such counterparts taken together shall constitute one and the same Amending Agreement.
4. This Amendment Agreement is effective as of the 1st day of June, 2018, notwithstanding that the parties may sign this Amendment Agreement on other dates.

IN WITNESS WHEREOF the Parties have signed this Amendment Agreement.

SCHEDULE A

Description of Appendix to Chapter 19

Map showing approximate location of Gameti, Wekweeti and Whati winter roads (19.8.1).