The Tr'ondëk Hwëch'in Self-Government Agreement

1.0 Definitions

1.1 In this Agreement:

"Act" includes ordinance;

"Chief" has the same meaning as in the Constitution;

"Citizen" means a citizen of the Tr'ondëk Hwëch'in as determined pursuant to the Constitution;

"City of Dawson" means the Town of the City of Dawson as continued under the Municipal Act (Yukon);

"Constitution" means the constitution of the Tr'ondëk Hwëch'in, in effect on the Effective Date, as amended from time to time;

"Consult" or "Consultation" means to provide,

1. to the party to be consulted, notice of a matter to be decided in sufficient form and detail to allow that party to prepare its views on the matter,
2. a reasonable period of time in which the party to be consulted may prepare its views on the matter, and an opportunity to present such views to the party obliged to consult, and
3. full and fair consideration by the party obliged to consult of any views presented;

"Council for Yukon Indians" includes any successor to the Council for Yukon Indians and, in the absence of a successor, the Yukon First Nations;

"Effective Date" means the date on which this Agreement is brought into effect pursuant to Self-Government Legislation;

"Emergency" includes apprehended, imminent or actual danger to life, health, safety, or the environment;

"Final Agreement" means the Tr'ondëk Hwëch'in Final Agreement among Her Majesty the Queen in Right of Canada, the Government of the Yukon and the Tr'ondëk Hwëch'in brought into effect pursuant to Settlement Legislation;

"Government" means Canada or the Yukon, or both, depending upon which government or governments have responsibility, from time to time, for the matter in question;

"Law" includes common law;

"Laws of General Application" means laws of general application as defined by common law, but does not include laws enacted by the Tr'ondëk Hwëch'in;

"Legislative Assembly" means the Council of the Yukon Territory as defined in the Yukon Act (Canada);

"Legislation" includes Acts, Regulations, orders-in-council and bylaws;

"Minister" means the Minister or Ministers of Government charged by Legislation with the responsibility, from time to time, for the exercise of powers in relation to the matter in question;

"Moosehide Lands"means the lands described as:

1. Moosehide Creek Indian Reserve No. 2, comprising Lot 1005, Quad 116 B/3, Plan 70224 CLSR, 78698 LTO, and Lots 1042 and 1043, Quad 116 B/3, Plan 76844 CLSR, 95-13 LTO, and
2. Moosehide Creek Indian Reserve No. 2B, comprising Lot 571, Group 1052, Plan 43505 CLSR, 23098 LTO;

"Non-Settlement Land" means all land and water in the Yukon other than Settlement Land;

"Property Taxes" has the same meaning as in the Final Agreement;

"Regulation" includes a regulation or any instrument made in the execution of a power or authority conferred by an Act, but does not include laws enacted by the Tr'ondëk Hwëch'in;

"Self-Government Legislation" means the Legislation which brings this Agreement into effect;

"Settlement Agreement" has the same meaning as in the Final Agreement;

"Settlement Corporation" means a corporation as described in 20.4.2 of the Final Agreement, created by the Tr'ondëk Hwëch'in alone or together with one or more Yukon First Nations;

"Settlement Land" means those lands identified in the Final Agreement as Settlement Land for the Tr'ondëk Hwëch'in;

"Settlement Legislation" has the same meaning as in the Final Agreement;

"Traditional Territory" means the geographic area within the Yukon identified as the Dawson First Nation Traditional Territory on the maps referred to in 2.9.0 of the Final Agreement;

"Tr'ondëk Hwëch'in Council" has the same meaning as in the Constitution;

"Umbrella Final Agreement" means the Umbrella Final Agreement signed on May 29, 1993 by representatives of the Council for Yukon Indians, Canada and the Yukon, and includes any amendments made to it from time to time in accordance with its provisions;

"Yukon First Nation" means one of the following,

• Carcross/Tagish First Nation,
• Champagne and Aishihik First Nations,
• Kluane First Nation,
• Kwanlin Dun First Nation,
• Liard First Nation,
• Little Salmon/Carmacks First Nation,
• First Nation of Nacho Nyak Dun,
• Ross River Dena Council,
• Selkirk First Nation,
• Ta'an Kwach'an Council,
• Teslin Tlingit Council,
• Tr'ondëk Hwëch'in, formerly known as Dawson First Nation,
• Vuntut Gwitchin First Nation, or
• White River First Nation;
• "Yukon First Nations" means all of the Yukon First Nations defined as a Yukon First Nation;
• "Yukon Indian People" has the same meaning as in the Final Agreement; and
• "Yukon Law of General Application" means a Law of General Application enacted pursuant to the Yukon Act (Canada).

2.0 Principles

2.1 The Tr'ondëk Hwëch'in has traditional decision-making institutions and practices and desires to integrate those institutions and practices with a contemporary form of government.

2.2 The Parties are committed to promoting opportunities for the well-being of Citizens equal to those of other Canadians and to providing essential public services of reasonable quality to all Citizens.

3.0 General Provisions

3.1 This Agreement shall not affect any aboriginal claim, right, title or interest of the Tr'ondëk Hwëch'in or of its Citizens.

3.2 This Agreement shall not affect the identity of Citizens as aboriginal people of Canada.

3.3 This Agreement shall not affect the ability of the aboriginal people of the Tr'ondëk Hwëch'in to exercise, or benefit from, any existing or future constitutional rights for aboriginal people that may be applicable to them.

3.4 Unless otherwise provided pursuant to this Agreement or in a law enacted by the Tr'ondëk Hwëch'in, this Agreement shall not affect the ability of Citizens to participate in and benefit from Government programs for status Indians, non-status Indians or native people, as the case may be. Benefits under such programs shall be determined by the general criteria for such programs established from time to time.

3.5 Except for the purpose of determining which Citizens are "Indians" within the meaning of the Indian Act (Canada), and except as may be provided in 29.8, 29.9 and 29.10, the Indian Act (Canada) does not apply to Citizens, the Tr'ondëk Hwëch'in or Settlement Land.

3.6 This Agreement shall not:

3.7 Government may determine, from time to time, how and by whom any power or authority of Government set out in this Agreement shall be exercised, other than the power to consent to an amendment pursuant to 6.2.

4.0 Ratification

4.1 Ratification of this Agreement shall be sought by the Parties in the following manner:

5.0 Self-Government Legislation

5.1 Government shall Consult with the Tr'ondëk Hwëch'in before recommending to the Governor in Council or the Commissioner in Executive Council, as the case may be, the orders-in-council required pursuant to the Yukon First Nations Self-Government Act (Canada) and the Yukon First Nations Self-Government Act (Yukon) to bring this Agreement into effect.

5.2 Government shall Consult the Tr'ondëk Hwëch'in during the drafting of any amendment to Self-Government Legislation which affects the Tr'ondëk Hwëch'in.

6.0 Amendment and Review

6.1 This Agreement may only be amended with the consent of the Parties.

6.2 Consent to any amendment pursuant to 6.1 may only be given on the part of:

6.3 Where Government has concluded a self-government agreement with another Yukon First Nation which includes provisions more favourable than those in this Agreement, and where it would be practical to include those provisions in this Agreement, Government, at the request of the Tr'ondëk Hwëch'in, shall negotiate with the Tr'ondëk Hwëch'in with a view to amending this Agreement to incorporate provisions no less favourable than those in the other self-government agreement.

6.4 A dispute arising from negotiations described in 6.3 may be referred by any Party to dispute resolution pursuant to 26.3.0 of the Final Agreement.

6.4.1 In any dispute arising pursuant to 6.3 an arbitrator shall have the authority set out in 26.7.3 of the Final Agreement.

6.5 The Parties shall make amendments to this Agreement which are required to give effect to orders or decisions of an arbitrator pursuant to 6.4.

6.6 Unless the Parties otherwise agree, the Parties shall review this Agreement within ten years of the Effective Date for the purpose of determining whether:

7.0 Remedies

7.1 Neither Government nor the Tr'ondëk Hwëch'in shall have a claim or a cause of action in the event any provision of this Agreement or of Self-Government Legislation is found by a court of competent jurisdiction to be invalid.

7.2 Neither Government nor the Tr'ondëk Hwëch'in shall challenge the validity of any provision of this Agreement or of Self-Government Legislation.

7.3 If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the Parties shall make best efforts to amend this Agreement to remedy the invalidity or replace the invalid provision.

7.4 If any provision of Self-Government Legislation is found by a court of competent jurisdiction to be invalid, Government shall make best efforts to amend the Self-Government Legislation to remedy the invalidity or replace the invalid provision.

8.0 Interpretation and Application of Law

8.1 Subject to 8.1.1, where there is any inconsistency or conflict between the provisions of federal Self-Government Legislation and any other federal Legislation, the federal Self-Government Legislation shall prevail to the extent of the inconsistency or conflict.

8.1.1 Where there is any inconsistency or conflict between the provisions of federal Self-Government Legislation and the Final Agreement or Settlement Legislation, the Final Agreement or Settlement Legislation shall prevail to the extent of the inconsistency or conflict.

8.2 Subject to 8.2.1, where there is any inconsistency or conflict between the provisions of Yukon Self-Government Legislation and any other Yukon Legislation, the Yukon Self-Government Legislation shall prevail to the extent of the inconsistency or conflict.

8.2.1 Where there is any inconsistency or conflict between the provisions of Yukon Self-Government Legislation and the Final Agreement or Settlement Legislation, the Final Agreement or Settlement Legislation shall prevail to the extent of the inconsistency or conflict.

8.3 This Agreement is subject to the Final Agreement, and in the event of any inconsistency or conflict, the Final Agreement shall prevail to the extent of the inconsistency or conflict.

8.4 Common law conflict of laws principles shall apply where a conflict of laws issue arises unless:

8.5 Unless otherwise provided in this Agreement, the exercise of powers by the Tr'ondëk Hwëch'in pursuant to this Agreement shall not confer any duties, obligations or responsibilities on Government.

8.6 This Agreement shall be interpreted according to the Interpretation Act (Canada) with such modifications as the circumstances require.

8.7 The preamble and the principles in this Agreement are statements of the intentions of the Parties and shall only be used to assist in the interpretation of doubtful or ambiguous expressions in this Agreement.

8.8 Capitalized words or phrases shall have the meaning as defined in this Agreement.

8.9 Any reference in this Agreement to Legislation, an Act or a provision of an Act includes:

8.10 Successor Legislation includes Yukon Legislation which replaces federal Legislation as a consequence of devolution of authority or responsibility from Canada to the Yukon.

8.11 The Supreme Court of the Yukon shall have jurisdiction in respect of any action or proceeding arising out of this Agreement or Self-Government Legislation.

8.12 Nothing in this Agreement shall be construed to limit the jurisdiction of the Federal Court of Canada as set forth in the Federal Court Act (Canada).

9.0 Legal Status of the Tr'ondëk Hwëch'in

9.1 Upon the Effective Date, the Indian Act (Canada) Dawson Indian Band shall cease to exist and its rights, titles, interests, assets, obligations and liabilities, including those of its band council, shall vest in the Tr'ondëk Hwëch'in.

9.2 The Tr'ondëk Hwëch'in is a legal entity and has the capacity, rights, powers and privileges of a natural person and, without restricting the generality of the foregoing, may:

9.3 The act of acquiring or the holding of any rights, liabilities or obligations by the Tr'ondëk Hwëch'in or by any entity described in 9.2.5, shall not be construed to affect any aboriginal right, title or interest of the Tr'ondëk Hwëch'in, its Citizens or their heirs, descendants or successors.

10.0 Tr'ondëk Hwëch'in Constitution

10.1 The Constitution of the Tr'ondëk Hwëch'in shall, in a manner consistent with this Agreement, provide for:

10.2 The Constitution may provide for any other matters relating to the Tr'ondëk Hwëch'in or to the governing of Settlement Land, or of persons on Settlement Land.

10.3 The citizenship code established in the Constitution shall enable all persons enrolled under the Final Agreement to be Citizens.

11.0 Transitional Provisions

11.1 The band council of the Indian Act (Canada) Dawson Indian Band that is in office on the Effective Date shall be deemed to be the governing body of the Tr'ondëk Hwëch'in until replaced in accordance with the Constitution.

11.2 Any monies held by Canada for the use and benefit of the Indian Act (Canada) Dawson Indian Band shall be transferred to the Tr'ondëk Hwëch'in, as soon as practicable after the Effective Date.

12.0 Delegation

12.1 The Tr'ondëk Hwëch'in may delegate any of its powers, including legislative powers, to:

12.2 Any delegation under 12.1.2 to 12.1.7 shall be made by written agreement with the delegate.

12.3 The Tr'ondëk Hwëch'in has the capacity to enter into agreements to receive powers, including legislative powers, by delegation.

13.0 Legislative Powers

13.1 The Tr'ondëk Hwëch'in shall have the exclusive power to enact laws in relation to the following matters:

13.2 The Tr'ondëk Hwëch'in shall have the power to enact laws in relation to the following matters in the Yukon:

13.3 The Tr'ondëk Hwëch'in shall have the power to enact laws of a local or private nature on Settlement Land in relation to the following matters:

14.0 Taxation

14.1 The Tr'ondëk Hwëch'in shall have the power to enact laws in relation to:

14.2 The powers of the Tr'ondëk Hwëch'in provided for in 14.1 shall not limit Government's powers to levy tax or make taxation laws.

14.3 The Tr'ondëk Hwëch'in shall not exercise its power to enact laws pursuant to 14.1.1 until the expiration of three years following the Effective Date, or until such earlier time as may be agreed between the Tr'ondëk Hwëch'in and the Yukon.

14.4 The Tr'ondëk Hwëch'in shall not exercise its power to enact laws pursuant to 14.1.2 until the expiration of three years following the Effective Date, unless otherwise agreed between:

14.5 After the expiration of one year following the Effective Date, or at such earlier time as may be agreed by Canada and the Tr'ondëk Hwëch'in, Canada and the Tr'ondëk Hwëch'in shall make reasonable efforts to negotiate agreements on:

14.6 When the Tr'ondëk Hwëch'in exercises its jurisdiction, or assumes responsibility, for the management, administration and delivery of local services and, as a consequence, exercises property taxation powers under 14.1.1, the Yukon shall undertake to ensure a sharing of tax room in respect of Property Taxes or an adjustment in amounts referred to in 14.9, as the case may be, which is equitable.

14.7 Where, following the ratification date of this Agreement, Parliament enacts Legislation providing:

14.8 The Yukon Minister of Finance may enter into taxation agreements with the Tr'ondëk Hwëch'in.

14.9 Except as provided in 14.9.1, 14.9.2 and 14.9.3, Settlement Land shall be exempt from Property Taxes provided that the Tr'ondëk Hwëch'in shall pay annually, to the taxing authority in respect of that Settlement Land, an amount equal to the aggregate amount of taxes which would be payable to the taxing authority for that year under Laws of General Application if that land was not exempt from Property Taxes.

14.10 During a 10-year transitional period beginning with the Effective Date, Canada shall assist the Tr'ondëk Hwëch'in with the payment of the amounts referred to in 14.9. The assistance shall be 100 percent in year one, decreasing by 10 percentage points per year, to 10 percent in year 10. During such time, Canada shall have the same rights in respect of any assessment as a property owner.

14.11 Notwithstanding Laws of General Application, Settlement Land shall not be subject to attachment, seizure or sale for non-payment of the amounts referred to in 14.9. If any such amounts remain unpaid for more than two years, the taxing authority may withdraw the delivery of any or all services to Settlement Land until the outstanding amounts have been paid.

14.12 If amounts referred to in 14.9 remain unpaid six months after the withdrawal of any services under 14.11, the taxing authority may attach the assets of the Tr'ondëk Hwëch'in in addition to all other remedies including the filing of a lien or other instrument against Settlement Land.

15.0 Taxation Status

15.1 The Tr'ondëk Hwëch'in shall, for the purposes of paragraph 149(1)(c) of the Income Tax Act (Canada) be deemed to be a public body performing a function of government in Canada for each taxation year of the Tr'ondëk Hwëch'in where, at all times during the year:

15.2 Nothing in this Agreement shall affect the taxation status of Settlement Corporations as provided for in Chapter 20 of the Final Agreement.

15.3 No tax shall be payable under the Income Tax Act (Canada) for a taxation year on the income, property or capital of a corporation, in this clause referred to as "the subsidiary", where, at all times during the year:

15.4 Where the Tr'ondëk Hwëch'in is deemed to be a public body under 15.1 for a particular year, no income tax will be imposed on the Tr'ondëk Hwëch'in by the Yukon in respect of that year.

15.5 Where, under 15.3, no income tax is payable by a subsidiary for a particular year, no income tax will be imposed on the subsidiary by the Yukon in respect of that year.

15.6 For greater certainty, nothing in 15.1 to 15.5 shall be construed so as to prevent the application of section 149 of the Income Tax Act (Canada) to the Tr'ondëk Hwëch'in or to a corporation referred to in 15.3.

15.7 The Tr'ondëk Hwëch'in, or a trust, board, commission or similar body established by the Tr'ondëk Hwëch'in, or a corporation wholly owned by any such entity or by a combination thereof (each of which is referred to in 15.7 to 15.11 as the "claimant"), may claim a refund of any tax paid by the claimant under subsection 165(1) or sections 212 or 218 of Part IX of the Excise Tax Act (Canada) that is not otherwise recoverable by the claimant under any law, to the extent that the property or service in respect of which the tax was paid was acquired by the claimant:

15.8 A refund of tax under 15.7 will not be paid to a claimant referred to in that clause unless, at the time at which the tax is paid;

15.9 A refund of tax under 15.7 will not be paid unless an application for the refund is filed with the Minister of National Revenue within four years after the tax is paid.

5.10 The provisions of Part IX of the Excise Tax Act (Canada) will apply, with such modifications as the circumstances require, in respect of claims under 15.7 and in respect of amounts paid as a refund under 15.7 as though the refund provided for under 15.7 were a rebate provided for under Division VI of that Part.

15.11 Unless otherwise defined in this Agreement, words used in 15.7 to 15.11 have the same meaning as in Part IX of the Excise Tax Act (Canada).

15.12 Notwithstanding any other provision of this Agreement, 15.7 to 15.11 shall not apply to tax that is paid or becomes payable before amendments to the Yukon First Nations Self-Government Act (Canada) which provide for the matters set out in 15.7 to 15.11 come into effect, and Canada shall recommend those amendments to Parliament as soon as practical.

16.0 Self-Government Financial Transfer Agreement

16.1 Canada and the Tr'ondëk Hwëch'in shall negotiate a self-government financial transfer agreement in accordance with 16.3, with the objective of providing the Tr'ondëk Hwëch'in with resources to enable the Tr'ondëk Hwëch'in to provide public services at levels reasonably comparable to those generally prevailing in Yukon, at reasonably comparable levels of taxation.

16.2 Subject to such terms and conditions as may be agreed, the self-government financial transfer agreement shall set out:

16.3 In negotiating the self-government financial transfer agreement, Canada and the Tr'ondëk Hwëch'in shall take into account the following:

16.4 To assist in the negotiation of self-government financial transfer agreements, Government and the Tr'ondëk Hwëch'in shall:

16.5 Self-government financial transfer agreements may consolidate federal program funding (operating and capital programs) for the Tr'ondëk Hwëch'in.

16.6 Payments pursuant to the self-government financial transfer agreement shall be provided on an unconditional basis except where criteria or conditions are attached to the provision of funding for similar programs or services in other jurisdictions in Canada.

16.7 The Tr'ondëk Hwëch'in may continue to access federal program funding for those programs not consolidated in the self-government financial transfer agreement in accordance with program authorities and conditions in effect from time to time.

16.8 Financial compensation paid:

16.9 Funding pursuant to self-government financial transfer agreements shall be provided in the form of grants or other arrangements as appropriate.

16.10 Any amounts required for the purposes of the self-government financial transfer agreement shall be paid out of such monies as may be appropriated by Parliament for those purposes.

16.11 Unless otherwise agreed, a self-government financial transfer agreement shall be for a term of five years.

16.12 At least one year prior to the date of expiry of the then current self-government financial transfer agreement Canada and the Tr'ondëk Hwëch'in shall begin negotiating the terms of a new self-government financial transfer agreement. Until a new agreement has been concluded, the financing provisions of the expiring self-government financial transfer agreement, other than those dealing with start-up and one-time cost, shall continue for a further two years or for such period as may be agreed by Canada and the Tr'ondëk Hwëch'in.

16.13 The self-government financial transfer agreement shall be a contract between Canada and the Tr'ondëk Hwëch'in and shall be attached to but not form part of this Agreement.

16.14 The level of funding provided pursuant to the self-government financial transfer agreement may be adjusted annually according to a formula to be agreed upon by Canada and the Tr'ondëk Hwëch'in.

16.15 When the self-government financial transfer agreement is renegotiated, the Tr'ondëk Hwëch'in and Government shall review the cost-sharing arrangements.

16.16 The first self-government financial transfer agreement of the Tr'ondëk Hwëch'in shall be negotiated at the same time as the implementation plan for this Agreement.

16.17 Nothing in 16.0 shall affect the ability of the Tr'ondëk Hwëch'in to exercise, or benefit from, any rights that it may become entitled to under future provisions of the Constitution of Canada.

17.0 Programs and Services

17.1 During the term of a self-government financial transfer agreement the Tr'ondëk Hwëch'in and Government shall negotiate the assumption of responsibility by the Tr'ondëk Hwëch'in for the management, administration and delivery of any program or service within the jurisdiction of the Tr'ondëk Hwëch'in, whether or not the Tr'ondëk Hwëch'in has enacted a law respecting such matter.

17.2 The Tr'ondëk Hwëch'in shall notify Government by March 31st of each year of its priorities for negotiations pursuant to 17.1, 17.7 and 17.9 for the fiscal year beginning April 1st of that year. Within 60 days of receipt of such notification, the Parties shall prepare a workplan to address the Tr'ondëk Hwëch'in priorities for negotiation. The workplan shall identify timelines and resources available for negotiations.

17.3 Negotiations pursuant to 17.1 shall have the following objectives:

17.4 An agreement concluded pursuant to 17.1 shall include a program and service implementation plan and identify the training requirements to be addressed in that plan.

17.5 Canada and the Tr'ondëk Hwëch'in may agree to consolidate the funding provided for in an agreement entered into pursuant to 17.1 with the funding provided pursuant to the self-government financial transfer agreement, which consolidation may take effect either at the commencement of the next fiscal year or at the commencement of the term of the next self-government financial transfer agreement.

17.6 Any responsibility assumed by the Tr'ondëk Hwëch'in in an agreement entered into pursuant to 17.1 shall be funded by interim financing arrangements which shall be in accordance with 16.1.

17.7 In relation to education, upon the request of the Tr'ondëk Hwëch'in, the Tr'ondëk Hwëch'in and the Yukon shall during the term of a self-government financial transfer agreement, negotiate the division and sharing of responsibility for the design, delivery and administration of programs delivered within the Traditional Territory relating to:

17.8 The negotiation of the division and sharing of responsibility for the design, delivery, and administration of programs related to education pursuant to 17.7 does not affect the ability of the Tr'ondëk Hwëch'in to negotiate an agreement pursuant to 17.1 in relation to education.

17.9 The Tr'ondëk Hwëch'in and the Yukon shall negotiate guaranteed representation for the Tr'ondëk Hwëch'in upon any school committees, school councils or school boards which are involved in the design, delivery or administration of education in the Traditional Territory.

17.10 Unless otherwise agreed, if the Tr'ondëk Hwëch'in and the Yukon conclude an agreement pursuant to 17.1 in relation to education, then 17.7 and 17.9, and any agreements concluded pursuant to those sections, shall no longer be of any force or effect.

18.0 Government of the Yukon Financial Contributions

18.1 The contribution of the Yukon shall be subtracted from the expenditure base of any fiscal transfer arrangement in effect at the time, and shall be calculated by Government to be the aggregate of the following:

18.2 Any one-time net savings to the Yukon resulting from the assumption of responsibilities by the Tr'ondëk Hwëch'in shall be paid by the Yukon to Canada in instalments of an amount and in accordance with a schedule to be agreed upon.

18.3 The calculation of net savings pursuant to 18.0 shall be made solely at the time that the Tr'ondëk Hwëch'in initially assumes responsibility for that program or service or part thereof.

18.4 Should there be no fiscal transfer arrangement as contemplated in 18.1 that is in effect at the time, then the Yukon contribution shall be provided for under an agreement to be negotiated by Canada and the Yukon, and shall be based on the stipulations enumerated in 18.1.

19.0 Tr'ondëk Hwëch'in Revenue

19.1 If the Tr'ondëk Hwëch'in has access to a tax base, the revenue capacity associated with that tax base may be considered in determining the level of funding to be received pursuant to the Tr'ondëk Hwëch'in self-government financial transfer agreement, provided that:

20.0 Laws of Canada and the Yukon

20.1 The Tr'ondëk Hwëch'in has the power to adopt any Law of the Yukon or Canada as its own law in respect of matters provided for in this Agreement.

20.2 The Statutory Instruments Act (Canada) does not apply to a law enacted by the Tr'ondëk Hwëch'in.

21.0 Public Register of Laws and Notification Provisions

21.1 The Tr'ondëk Hwëch'in shall maintain at its principal administrative offices a register of all laws enacted by the Tr'ondëk Hwëch'in.

21.2 The Tr'ondëk Hwëch'in shall enter into negotiations with other Yukon First Nations with a view to concluding an agreement to establish a central registry of constitutions and laws enacted by Yukon First Nations.

21.3 Every law enacted by the Tr'ondëk Hwëch'in and any amendment thereto and the Constitution and any amendment thereto shall be entered in their entirety into the register forthwith upon approval, adoption or enactment and also shall be forwarded forthwith to the central registry.

21.4 Any person shall have reasonable access to the registries during normal business hours.

21.5 The Tr'ondëk Hwëch'in shall forward to Government a list of Citizens and any alterations to that list forthwith after they occur.

22.0 Financial Accountability

22.1 The Tr'ondëk Hwëch'in shall prepare, maintain and publish its accounts in a manner consistent with the standards generally accepted for governments in Canada.

23.0 Implementation

23.1 The Parties shall conclude an implementation plan as soon as practicable.

23.2 If the implementation plan has not been completed at the time this Agreement is ratified by the Tr'ondëk Hwëch'in, the Tr'ondëk Hwëch'in shall be deemed to have delegated to the Tr'ondëk Hwëch'in Council the authority to negotiate and approve the implementation plan on behalf of the Tr'ondëk Hwëch'in.

23.3 The Tr'ondëk Hwëch'in shall approve the implementation plan before it is approved by Government.

23.4 Canada shall seek approval of the implementation plan at the same time Canada seeks ratification of this Agreement.

23.5 The implementation plan referred to in 23.1 shall be attached to but not form part of this Agreement and it shall be a contract between the Parties, and, to the extent practicable, it shall be coordinated with the implementation plan for the Final Agreement.

24.0 Dispute Resolution

24.1 If the Tr'ondëk Hwëch'in and Canada do not agree to the terms of a self-government financial transfer agreement provided for in 16.0, either may refer the matter to mediation under 26.4.0 of the Final Agreement.

24.2 If the Tr'ondëk Hwëch'in, Canada, or the Yukon do not agree:

24.3 A dispute respecting this Agreement not described in 24.1 or 24.2 may be referred to mediation under 26.4.0 of the Final Agreement upon agreement of the parties to the dispute.

24.4 The parties to a dispute described in 24.1 to 24.3 which is not resolved by mediation under 26.6.0 of the Final Agreement may agree to refer the dispute to arbitration under 26.7.0 of the Final Agreement and the arbitrator shall have the authority provided in 26.7.3 of the Final Agreement to resolve the dispute.

24.5 Subject to 26.8.0 of the Final Agreement, no party may apply to any court for relief in respect of any dispute which has been referred to arbitration under 24.4, except for an application for interim or interlocutory relief where the board has failed to appoint an arbitrator under 26.7.2 of the Final Agreement within 60 days of an application by any party to the dispute.

25.0 Compatible Land Use

25.1 In respect of the Settlement Land described in Appendix A and adjacent Non-Settlement Land:

25.1.1 the Tr'ondëk Hwëch'in and the Yukon or a municipality within the Traditional Territory may establish a joint planning structure:

25.2 Where Consultation pursuant to 25.1.2 or 25.1.3 does not resolve an actual or potential incompatibility in land use, the Tr'ondëk Hwëch'in, the Yukon or the affected municipality may refer the matter to dispute resolution pursuant to 26.4.0 of the Final Agreement.

25.2.3 In making a recommendation in respect of a dispute referred to in 25.2, the arbitrator shall not give any more weight to the fact that a territorial, municipal or Tr'ondëk Hwëch'in community or area development land use plan which one party has not had an opportunity to participate in developing, is completed than to any other factor to be taken into consideration.

25.3 Nothing in 25.0 shall be construed to limit the use of Settlement Land for traditional purposes by Yukon Indian People.

26.0 Local Government Agreements

26.1 The Tr'ondëk Hwëch'in may enter into agreements with another Yukon First Nation, a municipality, or Government, to provide for such matters as municipal or local government services, joint planning, zoning, or any matters referred to in 28.0.

26.2 Any agreement entered into pursuant to 26.1 respecting a municipal or local government service shall:

27.0 Regional or District Structures

27.1 The Tr'ondëk Hwëch'in and Government may agree to develop a process for consulting affected residents regarding the establishment of common administrative and planning structures for part or all of the Traditional Territory.

27.2 Where affected residents have been consulted through a process developed pursuant to 27.1 and the Tr'ondëk Hwëch'in or Government is satisfied that affected residents support the establishment of a common administrative and planning structure, the Tr'ondëk Hwëch'in or Government, as the case may be, may request the other party to enter into negotiations respecting the establishment of a common administrative and planning structure.

27.3 In the negotiations referred to in 27.2, the Tr'ondëk Hwëch'in and Government may agree to establish a common administrative and planning structure within part or all of the Traditional Territory.

27.4 A common administrative and planning structure established pursuant to 27.3 shall:

27.5 The Tr'ondëk Hwëch'in and Government may agree to delegate responsibilities to a common administrative and planning structure established pursuant to 27.3.

27.6 An agreement pursuant to 27.3 to establish a common administrative and planning structure may include provisions respecting:

28.0 Community Lands

28.1 In respect of the Settlement Land described in Part 2 of Appendix B, the power of the Tr'ondëk Hwëch'in to enact laws in relation to the matters described in Part 1 of Appendix B shall, unless otherwise provided in any Agreement entered into pursuant to 26.0, be subject to the following:

28.2 For purposes of a petition referred to in 28.1.4, the Supreme Court of the Yukon Territory shall have jurisdiction to disallow all or part of an enactment referred to in 28.1.2 if it can be established that any activity permitted or allowed by the enactment will endanger public health or public safety, will be contrary to peace, order or good government, or will have a significant adverse effect on the character of or quality of life in the City of Dawson.

28.3 Notwithstanding 28.1 and 28.2, in respect of the Settlement Land described in Part 3 of Appendix B, the Tr'ondëk Hwëch'in shall not exercise its powers to enact laws in relation to the matters described in Part 1 of Appendix B, unless otherwise agreed by the Tr'ondëk Hwëch'in and Government or the City of Dawson, whichever has responsibility for the matter in question.

29.0 Retained Reserves

29.1 In 29.0:

"Category A Settlement Land", "Category B Settlement Land"," Developed Settlement Land","Fee Simple Settlement Land", "Mines", "Minerals" and "Specified Substances" each have the same meaning as in the Final Agreement.

29.2 On the Effective Date, title to the Moosehide Lands shall be vested in the Tr'ondëk Hwëch'in for the use and benefit of its Citizens.

29.3 The title of the Tr'ondëk Hwëch'in to the Moosehide Lands shall be the same as if the Moosehide Lands were Category A Settlement Land.

29.4 On the Effective Date, the title of the Tr'ondëk Hwëch'in to the Moosehide Lands shall continue to be subject to any lawful rights or interests of third parties to which the Moosehide Lands were subject immediately prior to the Effective Date.

29.5 Subject to 29.4, on the Effective Date, all rights and interests in the Moosehide Lands of Canada shall cease to exist.

29.6 Canada shall be held harmless by the Tr'ondëk Hwëch'in for the vesting of the Moosehide Lands in the Tr'ondëk Hwëch'in in accordance with 29.0 and for the matters provided for in 9.1.

29.7 Except as provided in 29.7.1 and subject to 29.7.2, 29.7.3, 29.7.4 and 29.7.5 the Final Agreement shall apply to the Moosehide Lands as if they were Category A Settlement Land, designated as Developed Settlement Land.

29.8 Except as provided in 29.9 and 29.10, the Indian Act (Canada) shall cease to apply to the Moosehide Lands and this Agreement shall apply to the Moosehide Lands as if they were Settlement Land.

29.9 For the purposes of 20.6.1 and 20.6.2 of the Final Agreement, the Moosehide Lands are deemed to be a reserve within the meaning of the Indian Act (Canada).

29.10 For greater certainty, the Moosehide Lands are deemed to be a reserve within the meaning of the Indian Act (Canada) for the purposes of Government programs referred to in 2.2.6 of the Final Agreement.

29.11 For the purposes of Chapter 21 of the Final Agreement, the Moosehide Lands are Unimproved Rural Settlement Land so long as permanent structures located thereon are used primarily for traditional purposes including, but not limited to, the following:

29.12 The Moosehide Lands shall continue to be lands reserved for the Indians within the meaning of Section 91(24) of the Constitution Act, 1867.

29.13 Subject to 29.4, the Tr'ondëk Hwëch'in shall have full power to dispose of the Moosehide Lands and any rights or interests therein, but shall not do so except in accordance with the procedure established in the Constitution.

29.14 Canada shall be held harmless by the Tr'ondëk Hwëch'in for the management by the Tr'ondëk Hwëch'in of the Moosehide Lands after the Effective Date.

29.15 The vesting of the Moosehide Lands and all other matters agreed to in 29.0 shall take effect by virtue of the Yukon First Nations Self-Government Act (Canada) and not by virtue of the Indian Act (Canada).

29.16 The ballot provided for in the ratification process shall expressly state that ratification of this Agreement by the Tr'ondëk Hwëch'in signifies approval of the vesting of the Moosehide Lands in the Tr'ondëk Hwëch'in and authorizes Canada to take necessary measures to effect the change in the status of the Moosehide Lands.

PART 1

The Tr'ondëk Hwëch'in powers referred to in 28.1 and 28.3 are those powers enumerated at:

• 13.3.5 (posters, billboards)
• 13.3.8 (construction, buildings)
• 13.3.9 (overcrowding)
• 13.3.10 (sanitary conditions)
• 13.3.11 (planning, zoning)
• 13.3.16 (animals)
• 13.3.17 (administration of justice)
• 13.3.18 (threat to public order)
• 13.3.19 (public health)
• 13.3.20 (pollution)
• 13.3.21 (firearms)

PART 2
(section 28.1)

ALL PARCELS WITHIN THE AREA BOUNDED BY THE YUKON RIVER, EDWARD STREET, NINTH AVENUE, AND KING STREET, INCLUDING:

PART 3
(section 28.3)

1.0 Definitions

1.1 In this schedule the following definitions shall apply:

"Official Enrollment List" means the official enrollment list for the Tr'ondëk Hwëch'in prepared by the Enrollment Commission pursuant to Chapter 3 of the Final Agreement;

"Official Voters List" means the official voters list prepared by the Ratification Committee pursuant to 3.1 of Schedule A to Chapter 2 of the Final Agreement;

"Ratification Committee" means the Ratification Committee established pursuant to 2.1 of Schedule A to Chapter 2 of the Final Agreement.

"Members of the Dawson Indian Band" means persons who are, as of the day 45 days before the first day of the vote, registered Indians of, or are members of, the Indian Act (Canada) Dawson Indian Band, and for this purpose "registered" has the same meaning as in the Indian Act (Canada).

2.0 General

2.1 Ratification of this Agreement by the Tr'ondëk Hwëch'in in accordance with this schedule shall be considered ratification by all persons eligible to be Citizens.

2.2 This Agreement shall be ratified by the Tr'ondëk Hwëch'in before being considered for ratification by Canada and the Yukon.

2.3 Where there is a reference in this schedule to a period of time after or before a specified day the period does not include that day.

2.4 Following discussions with the Tr'ondëk Hwëch'in, the Ratification Committee shall prepare a budget for the ratification process subject to review and approval by Canada. The approved expenses of the Ratification Committee shall be a charge on Canada.

3.0 Informations Campaign

3.1 The Ratification Committee shall be responsible for affording eligible voters a reasonable opportunity to review the substance and details of this Agreement through the use of a communications strategy which may include videos, information booklets, community visits, door to door visits and accurate map reproductions.

3.2 Only printed, audio and visual material submitted by the Ratification Committee to, and approved by, the Parties shall be made available, or distributed, to eligible voters by the Ratification Committee pursuant to 3.1. Material submitted by the Ratification Committee to a party shall be considered approved by that party unless the Ratification Committee receives written notice otherwise within 15 calendar days of the material being received by that party.

4.0 Voting Process

4.1 Only persons whose names appear on the Official Voters List shall be eligible to vote.

4.2 The voting process for ratification of this Agreement shall be the same as that determined for ratification of the Final Agreement pursuant to 5.0 of Schedule A to Chapter 2 of the Final Agreement.

4.3 The vote on the ratification of this Agreement and the vote on the ratification of the Final Agreement shall be combined in a single ratification process which shall consist of a single vote for the purpose of approving or rejecting both the Final Agreement and this Agreement, including the Dawson Indian Band ceasing to exist and the vesting of the Dawson Indian Band assets and liabilities in the Tr'ondëk Hwëch'in.

4.4 The appearance, format and content of the ballots shall be approved by the Parties.

5.0 Ratification of this Agreement by the Tr'ondëk Hwëch'in

5.1 The Tr'ondëk Hwëch'in shall have ratified this Agreement if:

5.2 The Ratification Committee shall, as soon as practical and in any event no later than seven days after the last day of the vote, tabulate and publish the results of the vote showing:

5.3 The Ratification Committee shall publish the results of the vote pursuant to 5.2 in the communities in which the Official Voters List was published pursuant to 3.3 of Schedule A to Chapter 2 of the Final Agreement and may publish the results in such other locations as the Ratification Committee determines.

5.4 The Ratification Committee shall prepare and submit to the Parties, within 14 days after publishing the results of the vote, a report setting out the results referred to in 5.2, and the details of the carrying out of the Tr'ondëk Hwëch'in ratification process.

5.5 After ratification of this Agreement by the Tr'ondëk Hwëch'in but prior to submission of this Agreement for ratification by Canada, the negotiators, on behalf of Government, and the Chief, on behalf of the Tr'ondëk Hwëch'in, may agree to minor amendments to this Agreement.

6.0 Ratification of this Agreement by Government

6.1 After the Ratification Committee conducts the vote, publishes the results and submits its report pursuant to 5.3, and if the results of the vote constitute a ratification of this Agreement by the Tr'ondëk Hwëch'in, this Agreement shall be presented by the Yukon Minister with responsibility for land claims to the Executive Council for ratification and by the Minister of Indian Affairs and Northern Development to Cabinet for ratification, both within three months after receipt of the report of the Ratification Committee or as soon as practicable thereafter.

7.0 Signing of this Agreement

7.1 This Agreement shall be signed by representatives of the Tr'ondëk Hwëch'in, Canada and the Yukon as soon as practicable after ratification by Government.

7.2 As soon as practicable after the signing of this Agreement, the Yukon Minister with responsibility for land claims and the Minister of Indian Affairs and Northern Development shall sponsor orders-in-council to bring this Agreement into effect.