Archived - Yukon Land Claim Agreement Annual Review 1995-1996

Enrollment Commission

The Enrollment Commission was established under the provisions of the UFA on July 1, 1989. Settlement legislation gives the Enrollment Commission the powers to determine eligibility for enrollment, to hear and determine any appeal respecting enrollment, and to provide for the enforcement of any order or decision. This Commission is an independent body operating at arm's length from the parties to the settlement agreements.

The membership comprises three commissioners, one nominated by the CYFN, one jointly by Canada and Yukon, and a third person chosen by the two nominees. Appointments are made by the Minister of Indian Affairs and Northern Development.

The Yukon Enrollment Commission has established working relationships with all Yukon First Nations, various other First Nations and government agencies. Reports are received on births, deaths, marriages and name changes from the Yukon government. The Yukon Family and Children's Services and the Commission work together to enroll Yukon First Nations descendants who have been adopted. An enrollment information package and applications were mailed to adoption agencies across Canada and Alaska. Advertising for enrollment to the Yukon Land Claim has appeared in major newspapers across Canada.

All 14 Yukon First Nations have established enrollment committees composed of no more than five members of that First Nation. Each committee has a coordinator who works closely with the Commission's coordinator. Training is provided on request to any enrollment coordinator.

As of March 31, 1996, there were 7,650 beneficiaries to the Yukon Land Claim, with 208 applications pending. During the reporting period, 388 applications were reviewed; 379 were approved and 9 required further documentation. Fourteen beneficiaries withdrew their applications. Of the total beneficiaries, 74 percent live within the Yukon, 17 percent live elsewhere in Canada, and 9 percent live outside Canada. Yukon land claims beneficiary lists are published annually.

The Enrollment Commission's draft appeal rules are circulating among the parties to the UFA, and are to be finalized in the 1996-97 fiscal year.

Yukon Geographical Place Names Board

The Yukon Geographical Place Names Board (YGPNB), established under the UFA, recommends to the Yukon government the naming or renaming of places or features located within Yukon. There are six members, three each nominated by the CYFN and Yukon. The Yukon Minister of Tourism responsible for heritage appoints the members.

During 1995-96, the Board reviewed 50 applications for the naming of geographical features: 12 were approved and 38 assessed as incomplete or requiring additional information. At year end, 74 applications await Board review. Many of these require further research before the review can be completed.

The Board encourages the compilation of full supporting background information for all approved place names and ensures that suitable information is available for the promotion and interpretation of such sites.

Yukon Heritage Resources Board

The Yukon Heritage Resources Board (YHRB), established in March 1995 in accordance with the UFA, makes recommendations and provides advice to government and First Nations concerning the management of Yukon's heritage resources. It focuses mainly on movable heritage resources (objects) and sites. The Board must also consider ways to use and preserve First Nation languages and the traditional knowledge of Yukon Indian elders.

The Board has 10 members, with equal numbers nominated by the CYFN and Yukon. The Minister of Tourism responsible for heritage for the Yukon appoints the members.

The Board provided recommendations on amendments to the Historic Resources Act. The Board invited individuals and experts familiar with Yukon resources to speak about heritage issues and activities, such as the development of heritage legislation, preservation of heritage sites, the Development Assessment Process (DAP), and the heritage river designation process. Two consultant reports were commissioned: "Amendments to the Yukon Historic Resources Act" and "A Strategy for Rehabilitation and Re-Use of Heritage Buildings."

The Board considered methods for extending the Canadian heritage rivers program to include commemoration of the Yukon River during centennial celebrations of the Klondike Gold Rush. Two committees were established to consider financial matters and to develop policies, procedures and rules.

Yukon Land Use Planning Council

On the effective date of settlement legislation, February 14, 1995, the Yukon Land Use Planning Council (LUPC) was established, replacing the Land Use Planning Policy Advisory Committee established by the Agreement on Land Use Planning in Yukon of October 22, 1987.

The LUPC consists of three members, one each nominated by the CYFN, Canada and Yukon. The Minister of Indian Affairs and Northern Development appoints the members.

The Council makes recommendations to government and each affected First Nation on land use planning, including the identification of planning regions, priorities for regional land use plans and terms of reference for land use planning in Yukon which encompasses both general and specific requirements for each planning region. Once the LUPC has identified the planning regions, a regional land use planning council will be established for each region.

During the period covered by this review, the LUPC:

• established a secretariat to assist the Council in carrying out its mandate;
• conducted a workshop in February 1996 on community-based land use planning; and
• conducted a strategic planning exercise in February 1996 to develop a goals/objectives/ actions statement for the LUPC.

The LUPC also began work on the following issues:

• developing a land use planning framework for Yukon;
• planning a series of workshops to gather information on regional and specific land use issues, land use conflicts, priorities and planning boundaries;
• developing a data base of Yukon land and resource planning initiatives and plans on a local, regional and territory-wide basis;
• identifying and documenting land use issues and conflicts relevant to land use planning in Yukon and developing an issues/options paper for distribution before the September 1996 workshop;
• building institutional relationships with First Nations governments and organizations, select UFA bodies, federal and territorial departments and agencies, client and stakeholder groups and the public; and
• planning and coordinating a workshop on First Nations traditional knowledge and experience.

The LUPC is also preparing a communications strategy to assist in educating and advising Yukoners on land use planning and the Council's role. A video and brochure have been completed and will be used as information segments in a series of community visits.

Yukon Surface Rights Board

The Yukon Surface Rights Board (SRB), created under the UFA, was established on June 2, 1995 pursuant to the Yukon Surface Rights Board Act (Bill C-S5). The Board's primary mandate is to manage the disputes respecting surface rights that fall within its jurisdiction. The SRB is to consider applications in an informal and expeditious manner while adhering to the Board's procedural rules and rules of natural justice and procedural fairness.

The membership of the SRB is to consist of no more than 10 members, one half of which are nominated by the CYFN plus a chairperson nominated by the members. The members, including the chairperson, are appointed by the Minister of Indian Affairs and Northern Development. The SRB currently has four members plus the chairperson.

The Board's activities in the first few months consisted of orientation to the UFA and the Yukon Surface Rights Board Act. This included the Surface Rights Board Workshop in October, 1995 where a start-up plan was developed. The key issues identified were the development of board rules of procedure and bylaws.

The Board developed draft rules of procedure which were published in the Canada Gazette, Part 1 on March 23, 1996 and notice was published in the Yukon News commencing March 22, 1996. The Board also requested input from various government departments, First Nations, mining associations, and other organizations and individuals. The Board received eight submissions. These were thoroughly reviewed while finalizing the procedural rules. The final rules of procedure will be available in April 1996.

There have been several inquiries to the Board by individuals but there were no applications during the year.

Yukon Water Board

The Yukon Water Board which has responsibility for regulating the use of water in the Yukon Territory was a pre-existing board at the time of the Yukon land claims settlement. The UFA provides for the CYFN to nominate one third of the members of the Board and sets out a number of specific provisions with respect to water management in Yukon. Appointments to the Board are made by the Minister of Indian Affairs and Northern Development.

Fish and Wildlife Management Board

A Fish and Wildlife Management Board (FWMB) was established as the primary instrument of fish and wildlife management in Yukon. The Board comprises six nominees of Yukon First Nations and six nominees of government appointed by the Minister of Renewable Resources for Yukon. The Board may make recommendations on all matters related to fish and wildlife management, legislation, research, policies and programs.

Dispute Resolution Board

The Dispute Resolution Board was established to provide a comprehensive dispute resolution process for disputes arising from the interpretation, administration or implementation of settlement agreements or settlement legislation and to facilitate the out-of-court resolution of disputes in a non-adversarial and informal atmosphere. The Board consists of three members jointly selected and appointed by the CYFN, Canada and Yukon.

The appointment of members was not yet confirmed at the end of the period covered by this review.

Salmon Sub-Committee

A Salmon Sub-Committee (SSC) is established under the UFA as the primary instrument of salmon management in Yukon. The SSC consists of two members assigned from the membership of the FWMB and two nominated by the Minister of Fisheries and Oceans. In addition, the affected First Nation for each of the Yukon River, Alsek River and Porcupine River drainage basins nominates two members who sit on the SSC for matters affecting the respective drainage basins.

The Minister of Fisheries and Oceans appoints the members.

Six meetings were held during the year with good attendance and progress on management issues. Three of the six meetings took place in outlying communities.

Renewable Resources Council

The UFA provides for the establishment of a renewable resources council (RRC) in each First Nation's traditional territory as a primary instrument for local renewable resources management in that territory. Subject to transboundary agreements and First Nations final agreements, the membership of each council is to be composed of three nominees of the Yukon First Nations and three nominees of the Yukon appointed by the Minister of Renewable Resources. The Minister also appoints a chairperson nominated by each RRC from its membership.

Four RRCs have been established, one for each of the traditional territories of the First Nations with final agreements.

Settlement Land Committees

Pursuant to the UFA, each First Nation final agreement establishes a settlement land committee to make recommendations on the surveying of settlement lands, including site-specific selections, survey priorities and surveying special management areas boundaries. The committees each consist of two members appointed by government and two appointed by the First Nation. The Surveyor General appoints a representative to chair the committee.

Settlement land committees for the four First Nations with final agreements were established during the reporting period. Each made recommendations which formed the basis of the 1995-96 survey program for Natural Resources Canada's Legal Surveys Division.

Department of Indian Affairs and Northern Development

The Department of Indian Affairs and Northern Development (DIAND) has a number of obligations pursuant to the UFA and final agreements and their implementation plans with respect to land, water, mines and minerals, forestry, development assessment, surface rights and economic development. DIAND also has the lead role in the negotiation of First Nation final agreements and the administration of First Nation self-government and implementation funding through financial transfer agreements. Most of these obligations are discharged through the DIAND's regional office located in Whitehorse.

• During the review period, DIAND: assisted in the establishment of the SRB and the LUPC , including the nomination of federal members, participation in training and orientation sessions, review and approval of budgets;
• reviewed SRB rules and procedures and provided training to DIAND staff with respect to the powers of the Board and the provisions of the Surface Rights Board Act;
• provided the LUPC with technical expertise in the field of land use planning (assistance will be offered throughout the planning process);
• assisted with nominations to the Dispute Resolution Board and participated on the First Nation Settlement Land Committees;
• initiated development of the Development Assessment Process (DAP) and legislation;
• initiated several DAP interim measures including the Band Resource Officer program and the use of tripartite project review teams to ensure that projects authorized before implementation of the DAP receive consideration consistent with the intent of the DAP;
• cancelled all notations and reservations to land set aside and notified First Nations about each cancellation (Lands Division also participated on all settlement land committees);
• consulted with the RRCs and/or First Nations on forest management policy and legislation, on the order of, and need for forest management plans and forest resource inventories;
• participated in a joint economic planning process with the Yukon government and Champagne and Aishihik First Nations; and
• completed, in a timely manner, all payments required under First Nations financial transfer agreements.

First Nation of Nacho Nyak Dun Final Agreement

During the period:

• DIAND withdrew the mines and minerals from locating, prospecting and mining for the Horseshoe Slough Habitat Protection Area;
• the Peel River Watershed Advisory Committee concluded its work and submitted a report containing recommendations; and
• the Yukon government, DIAND and the Mayo District Renewable Resources Council jointly produced a draft Bonnet Plume River management plan for public review.

Vuntut Gwitchin First Nation Final Agreement

During the review period:

• DIAND withdrew the mines and minerals from locating, prospecting and mining for the Fishing Branch Ecological Preserve.

Champagne and Aishihik First Nations Final Agreement

During the review period:

• the Yukon government, DIAND and the Champagne and Aishihik First Nations completed a draft Canadian heritage rivers system nomination document for the Tatshenshini River. Based on this draft, the three agencies will carry out public consultations before submitting the nomination to the Canadian Heritage Rivers Board.

Environment Canada — Canadian Wildlife Service

Areas of specific responsibilities of the Canadian Wildlife Service pursuant to the UFA and final agreements and implementation plans include requirements relating to the Game Export Act, Endangered Species Protection Act and the Migratory Game Birds Act. The Canadian Wildlife Service also has a role in the development of management plans for special wildlife management areas.

• In April 1995, all Yukon First Nations were invited to an information session on the Endangered Species Protection Act Presentations were also made with the Fish and Wildlife Management Board as part of a national consultation process.
• Work was also conducted on the report entitled "Yukon State of the Environment." This report is being compiled through consultation with an elders group from the Yukon First Nations and is scheduled for release in April 1996.
• An interim hunting management plan for Teslin Tlingit's Nisutlin Delta National Wildlife Area was completed in August 1995 through consultation with the Teslin Tlingit Council and its RRC. A workshop on the development of a management plan was held with the Teslin Tlingit RRC.
• In March 1995, the Vuntut Gwitchin First Nation RRC participated in the development of a management plan for the Old Crow Flats Special Management Area. Field studies in preparation for management planning for this area were carried out in June-August 1995. Two Vuntut Gwitchin band members were hired and trained in habitat studies, waterfowl banding and waterfowl survey methods.

Fisheries and Oceans Canada

Department of Fisheries and Oceans (DFO) obligations in Yukon in relation to the UFA and the final agreements primarily focus on the management of salmon resources. Under the provisions of the UFA, the Salmon Sub-Committee (SSC) was established as the main instrument for salmon management. DFO is responsible for providing technical and administrative support to the SSC and for appointing members. A senior official of DFO serves as executive secretary to the SSC.

Highlights for the review period include the following:

• Salmon Sub-Committee: Appointed all members and assisted it to get started.
• Yukon River Basin Harvest Study: A steer-ing group consisting of First Nations, CYFN and DFO representatives was formed. LGL Consulting of Sidney, B.C. was selected to conduct the study. All First Nations were consulted. In the first phase of the program, First Nations people were hired in the various communities to gather statistics.
• Commercial licences: Eight commercial licences were made available for issuance to the First Nations by DFO. Allocation of the licences will be made when First Nations reach agreement on their distribution.

Department of Canadian Heritage

Department of Canadian Heritage obligations under the UFA and the Vuntut Gwitchin and Champagne and Aishihik final agreements primarily focus on the national parks and historic sites program.

Through the Vuntut Gwitchin Final Agreement, the Vuntut National Park was established. As well, the Champagne and Aishihik Final Agreement established one third of "a reserve for a national park in the southwest Yukon" as Kluane National Park. The Kluane National Park Management Board was established as a body to ensure co-operative management of the national park between Champagne and Aishihik and Canada.

The UFA obliges the Department of Canadian Heritage to work toward equity in program delivery between the culture and heritage of Yukon Indian people and Yukon at large.

During the review period, several activities took place:

• Kluane National Park Management Board: Members were appointed, the budget approved and a funding agreement signed. A review of the Kluane National Park Management Plan was initiated.
• Vuntut National Park: An impacts and benefits plan terms of reference was developed with the Vuntut Gwitchin First Nation. The first park warden trainee was hired, and a training plan was developed.
• Parks Canada is seeking to improve representation of Aboriginal sites in its National Historic Site system in Yukon. Carcross/Tagish First Nation and the Champagne and Aishihik First Nations received Parks Canada funding for research of the human history of their traditional lands.
• Hiring practices were reviewed to ensure increased opportunities for Yukon Indian people working for Parks Canada and the Department.

Human Resources Development Canada

Yukon First Nations must have human resource plans in place to access the Human Resources Development Canada (HRDC) Training Trust Fund established under the Yukon final agreements. Through the Pathways to Success Program, HRDC contributed to the development of human resource plans for 13 Yukon First Nations. In 1995-96, 11 First Nations completed their plans.

National Defence

Headquarters Canadian Forces Northern Area communicates with affected Yukon First Nations and local communities in advance of any military training exercises. Between April 1995 and March 1996, seven such exercises occurred. As well, the five cadet units conducted three field training exercises and participated in a zone exercise at Minto in October 1995. A southernbased military unit conducted a sovereignty operation at Dawson in November 1995.

Natural Resources Canada — Legal Surveys Division

The Legal Surveys Division of Natural Resources Canada is responsible for surveying First Nation settlement land selections. It establishes its annual survey priorities based on recommendations made by settlement land committees.

During 1995-96, Legal Surveys Division:

• developed survey programs for each of the four First Nations with final agreements resulting in two survey contracts being issued and administered for each First Nation;
• provided a legal survey training program to prepare Vuntut Gwitchin First Nation members for survey work opportunities with contractors;
• completed survey contracts for the Vuntut Gwitchin First Nation, the Champagne and Aishihik First Nations, the Teslin Tlingit Council and the First Nation of Nacho Nyak Dun; and
• established a working group to resolve outstanding survey issues, improve communication between First Nations and Natural Resources Canada and to explore means to maximize economic benefits to First Nations through the survey program.

Public Works and Government Services Canada

During 1995-96, Public Works and Government Services Canada continued to advertise procurement opportunities on its Open Bidding Service and to meet the requirements of the final agreements by notifying the four First Nations with final agreements of procurement opportunities in their areas.

Federal Implementation Coordination

The Claims Implementation Branch of DIAND, located at DIAND headquarters in Ottawa, is responsible for the overall co-ordination and monitoring of federal government obligations under the First Nation final agreements. The Branch represents Canada on the implementation working group and is also responsible for funding arrangements with the Yukon government, the CYFN and the SRB, the LUPC , the Enrollment Commission and the Dispute Resolution Board, and for making financial compensation payments to First Nations. It co-ordinates the appointment of members to the implementing bodies and is responsible for preparing the annual review of Yukon land claim agreements implementation.

During this review period, the Branch:

• coordinated appointments to a number of implementation bodies administered federally;
• negotiated the contribution agreements with the SRB and the LUPC;
• chaired several meetings of the working group and followed up on a wide range of issues raised, including property tax, forestry issues, loan repayment schedules, elders loans and First Nation access to status lists;
• participated in an all-party review of first year obligations; and
• delivered, in a timely manner, all compensation and payments due during the year.

Funding was provided during the reporting period as follows:

Common Specific Provisions

• Participation in government employment, contracting and development projects in the traditional territory;
• options to acquire up to 25 percent of projects managed by the Yukon Government or its agencies or corporations in future non-renewable resource and hydro electric developments in the traditional territory; and
• economic developments and employment planning processes to increase economic development and government employment.

Champagne and Aishihik First Nations

• 1,230.24 square kilometres (475 square miles) of land with surface and sub-surface title (Category A); 1,165.49 square kilometres (450 square miles) of land with surface title only, but including rights to materials such as sand and gravel (Category B); and 31.52 square kilometres (12.17 square miles) of land set aside as reserve;
• $31,937,855 in financial compensation payments over 15 years;
• specific moose harvests for subsistence needs;
• primary consideration in allocation of freshwater fish resources in traditional territory;
• priority allocation of minimum number of sockeye and Chinook salmon in the Alsek River basin;
• Guaranteed participation in commercial freshwater, salmon fishery and sports fishing, adventure travel, forestry, outfitting and campsite operations in the traditional territory;
• Representation on the Kluane National Park Management Board;
• Proportional representation in public service positions in Kluane Park;
• Exclusive opportunity or right of first refusal for commercial operations in Kluane Park;
• Exclusive harvesting rights in Kluane National Park within the Champagne and Aishihik traditional territory;
• Establishments of a special management area to guide the development and/or management of Kluane National Park and Sha'washe and surrounding area, and joint management of the Tatshenshini River;
• Provisions to nominate the Tatshenshini River as a Canadian heritage river.

First Nation of Nacho Nyak Dun

• 2,408.69 square kilometres (930 square miles) of land surface and sub-surface title; 2,330.99 square kilometres (900 square miles) of land surface title only, but including rights to material such as sand and gravel; and 9.27 square kilometres (3.58 square miles) of land set aside as reserve;
• $16,888,734 in financial compensation payments over 15 years.
• specific commercial wilderness rights in commercial freshwater fishing, adventure travel and commercial freshwater sports fishing;
• a comprehensive economic plan which may include preferential employment and business initiatives for the First Nation of Nacho Nyak Dun;
• subsistence harvesting rights of moose, woodland caribou, fish, birds, etc.;
• agreement to enter into negotiations with government and the Selkirk First Nation to establish the McArthur Wildlife Sanctuary as a special management area;
• representation on the Peel River Advisory Committee;
• establishment of a wetland habitat protection area at Horseshoe Slough;
• participation in management of the Peel River Watershed;
• designation and management of a trading post on Nacho Nyak Dun settlement land at Lansing as an historic site; and
• provisions to nominate the Bonnet Plume River as a Canadian heritage river.

Teslin Tlingit Council

• 1,230.24 square kilometres (475 square miles) of land with surface and sub-surface title; 1,165.49 square kilometres (450 square miles) of land with title in surface only, but including rights to material such as sand and gravel; and 33.36 square kilometres (I 2.88 square miles) of land set aside as reserve;
• $21,646,715 in financial compensation payments over 15 years;
• Guaranteed participation in commercial freshwater and sports fishing, outfitting and commercial wilderness adventure travel; certain employment opportunities for work related to heritage sites, forestry and surveying;
• Specific moose harvest for subsistence needs;
• Primary consideration in allocation of freshwater fish resources in traditional territory;
• Approval needed on any proposed game farming or ranching activities in their traditional territory when Teslin Tlingit harvesting rights may be affected;
• Establishment of the Nisutlin River Delta National Wildlife Area and preparation of a joint management plan which considers traditional and current use by Teslin Tlingit of the area;
• Rights to harvest wildlife and forest resources in Nisutlin River Delta National Wildlife Area;
• Provisions recognizing and protecting the heritage and cultural significance of several specific routes and sites and the Nisutlin River Valley.

Vuntut Gwitchin First Nation

• 7,744.06 square kilometres (2990 square miles) of land with surface and sub-surface, title; 7.16 square kilometres (2.74 square miles) of land set aside as reserve;
• $22,234,780 in financial compensation payments over 15 years;
• Exclusive rights to all new big game outfitting concessions within Vuntut Gwitchin traditional territory;
• All commercial salmon fishing licences and all commercial salmon sport licences in the Porcupine River drainage basin for 15 years; preferential rights afterward to any allocation of commercial and sport fishing salmon licences;
• Right of first refusal for commercial wilderness travel and commercial freshwater sport fishing in the Vuntut Gwitchin settlement territory;
• At least 50 percent of public service positions with the Vuntut National Park to employ Vuntut Gwitchin First Nation members;
• First option on business licences within the Vuntut National Park;
• Specific moose harvest for subsistence needs;
• Basic needs allocation of salmon in the Porcupine River drainage basin;
• Rights to subsistence level and harvesting in the Vuntut Gwitchin First Nation traditional territory;
• Three special management areas to be established: The Vuntut National Park, Fishing Branch Ecological Reserve and the Old Crow Flats Special Management Area;
• Provisions concerning the preparations of a land use plan before an all-weather road is constructed into the community of Old Crow;
• Provisions for the protection, ownership and management of heritage resources and designated historic sites; and
• Joint ownership and management of Rampart House and Lapierre House historic sites.