Sahtu Dene and Metis Comprehensive Land Claim Agreement

4.1 Definitions

4.1.1 In this chapter,

"initial enrolment period" means a period of five years, or such other period as Canada and the Sahtu Tribal Council agree, commencing upon the date of settlement legislation.

4.2 Eligibility

4.2.1 A person shall be eligible to be enrolled as a participant if that person is a Canadian citizen and a Sahtu Dene or Metis.

4.2.2 (a) Notwithstanding that a person is not eligible to be enrolled by virtue of 4.2.1, that person shall be eligible to be enrolled if that person is a Canadian citizen of aboriginal ancestry resident in the settlement area, who was accepted by a Sahtu community at any time following the date of settlement legislation.

(b) "Accepted by a Sahtu community" in (a) means that a person was sponsored by a person eligible to be enrolled pursuant to 4.2.1, and was approved by a process to be determined by the participants in the Sahtu community concerned.

4.2.3 (a) Persons enrolled pursuant to 4.2.2 shall have rights equal to those of persons enrolled pursuant to 4.2.1.

(b) Persons enrolled pursuant to 4.2.2 are deemed to be Sahtu Dene or Metis for the purposes of chapter 3.

4.2.4 A designated Sahtu organization shall bear the responsibility, including the cost, for conducting all votes held for the purpose of accepting persons for enrolment pursuant to 4.2.2.

4.2.5 Eligibility is personal; it cannot be transferred or assigned.

4.3 Other Comprehensive Land Claim Agreements

4.3.1 Notwithstanding 4.2.1 and 4.2.2, no person who is enrolled pursuant to another comprehensive land claim agreement in Canada may be enrolled pursuant to this agreement, and any person enrolled pursuant to this agreement shall cease to be so enrolled if that person becomes enrolled pursuant to another such agreement.

4.3.2 Notwithstanding 4.3.1, a person who would be eligible to be enrolled pursuant to this agreement but for the fact that that person is enrolled pursuant to another comprehensive land claim agreement in Canada, shall be eligible to be enrolled pursuant to this agreement if that person ceases to be enrolled pursuant to the other comprehensive land claim agreement and elects to be enrolled pursuant to this agreement.

4.3.3 For the purposes of 4.3.1, receipt of monetary benefits pursuant to the Agreement with Respect to Providing Interim Benefits to Yukon Indian Elders between the Government of Canada and the Council for Yukon Indians shall not be considered enrolment pursuant to any other comprehensive land claim agreement.

4.3.4 For the purpose of 4.3, Treaty 11 is not a comprehensive land claim agreement.

4.4 Enrolment Board

4.4.1 An Enrolment Board shall be established, at the date of settlement legislation, composed of:

1. seven persons appointed by the Sahtu Tribal Council, one from each of the aboriginal communities, whose names appear on either of the Official Voters Lists described in 3.1 of appendix D; and
2. during the initial enrolment period only, two persons appointed by the Minister of Indian Affairs and Northern Development.

4.4.2 The Enrolment Board shall:

1. establish an Enrolment Register and enter therein the name of each person who is eligible to be enrolled pursuant to 4.2.1 or 4.2.2:
   1. who is not a minor and who applies to the Board to be enrolled; or
   2. who is a minor and for whom the Board receives an application for enrolment by that person's parent or guardian;
2. maintain the Enrolment Register;
3. maintain a record of those persons whose applications for enrolment were rejected;
4. remove from the Enrolment Register the name of any person:
   1. who is not a minor and who notifies the Board in writing that that person's name is to be removed from the Register; or
   2. who is a minor and whose parent or guardian notifies the Board in writing that that minor's name is to be removed from the Register.
5. publish the Enrolment Register at least once a year;
6. during the initial enrolment period, prepare an annual budget for the operation of the Enrolment Board and present it for review and approval to the Government of Canada;
7. prepare and provide application forms and information. Application forms shall provide that an applicant:
   1. identify the aboriginal community with which the applicant wishes to be enrolled; and
   2. identify whether the applicant is applying to be enrolled pursuant to 4.2.1 or pursuant to 4.2.2;
8. determine its own procedures and rules of evidence which shall be in accordance with principles of natural justice;
9. notify each applicant whose name has not been entered in the Enrolment Register of the reasons for the decision to refuse enrolment and of that applicant's right to appeal from any decision with respect to enrolment;
10. prepare and provide to each participant proof of enrolment under this agreement; and
11. prior to enrolling a person who applies to be enrolled pursuant to 4.2.2, obtain the written consent of such person that he or she shall be deemed to be Sahtu Dene or Metis upon enrolment as provided in 4.2.3(b).

4.5 Appeal

4.5.1 Any applicant for enrolment whose name has not been entered in the Enrolment Register may appeal such decision by filing a notice of appeal with the Supreme Court of the Northwest Territories.

4.5.2 On any such appeal, if the Court finds that the Enrolment Board erred in reaching its decision, the Court may reverse the decision of the Board and direct enrolment or refer the decision back to the Board for reconsideration.

4.6 Costs

4.6.1 (a) The Government of Canada shall pay the reasonable and necessary costs incurred by the Enrolment Board for the initial enrolment period.

(b) After the initial enrolment period, the Sahtu Tribal Council shall bear the costs of the Enrolment Board.

4.7 Other Provisions

4.7.1 Nothing in this agreement shall be construed so as to imply that the Government of Canada has agreed to negotiate with those persons who are eligible to be enrolled pursuant to 4.2.2 on the basis of their being the original inhabitants of the settlement area.

4.7.2 Benefits provided under this agreement, unless otherwise specified, shall be held by participants collectively. No individual participant has a right to land, money or other benefits unless specifically provided for in this agreement, or by decision of the participants acting through a designated Sahtu organization.

6.1 General

6.1.1 The provisions of this chapter apply to any dispute which is not resolved by discussion and negotiation.

6.1.2 Subject to the provisions of this chapter, the Supreme Court of the Northwest Territories has jurisdiction in respect of any action arising out of this agreement including any application for judicial review in respect of any board established pursuant to this agreement.

6.1.3 The Supreme Court of the Northwest Territories shall have jurisdiction to review a decision of the arbitrator or arbitrators in 6.3.7 on a question of law or jurisdiction.

6.1.4 Except in respect of disputes arbitrated under this chapter, nothing in this chapter limits the jurisdiction of any court.

6.1.5 The panel described in 6.2 shall have jurisdiction to arbitrate in respect of:

1. any matter which this agreement stipulates is to be determined by arbitration; and
2. any matter concerning the interpretation or application of this agreement where the parties agree to be bound by an arbitration decision in accordance with this chapter.

6.1.6 Where a participant has a right of action in relation to this agreement, the Sahtu Tribal Council may bring that action on behalf of such participant with the consent of the participant.

6.1.7 Nothing in this chapter shall prevent parties to a dispute from agreeing to refer it to an alternate dispute- resolution mechanism such as mediation or arbitration pursuant to the Arbitration Act, R.S.N.W.T. 1988, c. A-5.

6.2 Arbitration Panel

6.2.1 (a) An arbitration panel ("the panel") shall be established to resolve disputes in accordance with this agreement.

(b) The panel is established when:

1. Canada, as represented by the Minister of Indian Affairs and Northern Development, the Government of the Northwest Territories as represented by the Minister of Justice and the Sahtu Tribal Council agree in writing that it is established; or
2. Canada and the Government of the Northwest Territories have each appointed at least one member and the Sahtu Tribal Council has appointed at least two members to the panel,

whichever comes first.

6.2.2 The panel shall have eight members including a chairperson and a vice-chairperson, both of which shall be chosen by a majority of the panel. Subject to 6.3.5, the panel may establish rules and procedures for the implementation of this chapter.

6.2.3 (a) Canada, the Government of the Northwest Territories and the Sahtu Tribal Council shall consult and attempt to reach consensus as to the persons to be appointed to the panel.

(b) If a consensus is not reached under (a) within one year of the date of settlement legislation, Canada and the Government of the Northwest Territories may each appoint two members and the Sahtu Tribal Council may appoint four members.

(c) The term of appointment shall be five years.

6.2.4 Upon the departure of a panel member from the panel, the party which appointed the departing member may appoint a new member to the panel and, where the departing member was jointly appointed, Canada, the Government of the Northwest Territories and the Sahtu Tribal Council shall consult and attempt to reach consensus as to the appointment of the new member.

6.2.5 A quorum of the panel shall be four members, which in the case of a panel appointed under 6.2.3(b) shall consist of one member appointed by each of Canada and the Government of the Northwest Territories and two members appointed by the Sahtu Tribal Council.

6.2.6 Any staff of the panel shall be provided by government. The panel shall prepare an annual budget, subject to review and approval by government. The approved expenses of the panel shall be a charge on government.

6.2.7 Appointments by Canada under this chapter shall be made by the Minister of Indian Affairs and Northern Development. Appointments by the Government of the Northwest Territories shall be made by its Minister of Justice.

6.3 Procedure for Arbitration

6.3.1 A dispute shall be arbitrated by:

1. one arbitrator drawn from the panel if agreed to by the parties to the arbitration; or
2. three arbitrators drawn from the panel, one of whom shall be appointed by the party making the submission to arbitration, one by the other party to the submission and the third to be selected by the two appointed arbitrators from the other members of the panel. Failing agreement, the third arbitrator shall be appointed by a judge pursuant to the Arbitration Act, R.S.N.W.T 1988, c. A-5, who shall not be restricted to members of the panel when making such appointment.
3. Unless otherwise agreed, arbitrators shall be selected from the panel.

6.3.2 An arbitration, in respect of any matter referred to in 6.1.5(a), shall be convened by a submission to arbitration filed with the panel by any person having a right to arbitration under this agreement. The submission shall name the other party to the dispute, set out the nature of the dispute, a summary of the facts, describe the issue to be arbitrated, name an arbitrator from the panel and describe the relief sought.

6.3.3 In the case of an arbitration convened pursuant to 6.3.2, the other party to the dispute shall file a reply within 30 days responding to the submission, agreeing to the arbitrator named in the submission or naming another arbitrator from the panel and describing any relief sought. Where the other party to the dispute fails to file a reply within the prescribed time, that party shall be deemed to have agreed to the arbitrator named in the submission and shall be deemed to be a party to the arbitration.

6.3.4 (a) The Sahtu Tribal Council, Canada or the Government of the Northwest Territories may participate in any arbitration as a party on notice to the arbitrator or arbitrators.

(b) The arbitrator or arbitrators shall allow any other person, on application and on such terms as the arbitrator or arbitrators in their discretion may order, to participate in an arbitration if in the opinion of the arbitrator or arbitrators the interest of that person may be affected by the arbitration.

6.3.5 The arbitrator or arbitrators shall have jurisdiction, after hearing the parties, to determine all questions of procedure, including the method of giving evidence, and to make an award, including interim relief, payment of interest and costs in accordance with this agreement.

6.3.6 It is intended that the process of arbitration will resolve disputes submitted to it in an expeditious and, where appropriate, informal manner.

6.3.7 The decision of the arbitrator or arbitrators shall be conclusive and binding on the parties to the arbitration and shall not be challenged by appeal or review in any court except on the ground that the arbitrator or arbitrators have erred in law or exceeded their jurisdiction.

6.3.8 If the arbitrator or arbitrators make no decision as to costs, each party to an arbitration shall bear its own costs and an equal share of the other costs of the arbitration including the remuneration and expenses of the arbitrator or arbitrators.

6.3.9 The Arbitration Act, R.S.N.W.T. 1988, c. A-5, shall apply to any arbitration to the extent not inconsistent with this chapter.

6.3.10 A public file of arbitration decisions shall be maintained by the panel unless the parties to the arbitration agree that the proceedings, including the decision, shall remain confidential.

6.4 Transitional

6.4.1 Until an arbitration panel is established, the Arbitration Act, R.S.N.W.T. 1988, c. A-5, applies to any arbitration described in 6.1.5.

8.1 Capital Transfer

8.1.1 Canada shall make a capital transfer to the Sahtu Tribal Council in accordance with the schedule of payments as set forth in schedule I to this chapter.

8.2 Negotiation Loan Repayment

8.2.1 The Sahtu Tribal Council shall repay their negotiation loans and shall pay 15 percent of the negotiation loans incurred by the Dene Nation and the Metis Association of the Northwest Territories between 1975 and November 7, 1990 as provided in schedule II to this chapter.

8.2.2 Canada may set off and deduct from payments to be made pursuant to 8.1.1 the amounts of repayment of the negotiation loans under 8.2.1 to be made at the time of such payments.

8.2.3 In all other respects, any other terms and conditions of the negotiation loans shall be unaffected.

8.3 Loans Against Capital Transfer

8.3.1 At any time after three years from the date of settlement legislation the Sahtu Tribal Council may request a loan from Canada against the then unpaid balance of the capital transfer.

8.3.2 Canada, as represented by the Minister of Finance, may decide, at its discretion, whether to grant a request, pursuant to 8.3.1, for a loan. The Minister may negotiate the terms and conditions of a loan subject to the requirement that:

1. the Sahtu Tribal Council shall pay, at the time of the loan, an amount on any outstanding balance of negotiation loans described in 8.2.1 which will reduce the outstanding balance of those loans by the same proportion as the amount loaned under 8.3.2 bears to the unpaid balance of the capital transfer in 8.1.1;
2. the amount paid by the Sahtu Tribal Council in (a) shall be credited to the last payments of the schedule described in 8.2.1;
3. the unpaid balance of the capital transfer in any year is greater than or equal to the total of all outstanding administrative fees, if any, loan repayments and interest payable by the Sahtu Tribal Council; and
4. Canada may deduct any loan repayments due from the Sahtu Tribal Council from payments due to the Sahtu Tribal Council pursuant to 8.1.1.

Schedule I - Schedule of Payments

Schedule II - Negotiation Loans Repayment Schedule

9.1 Definitions

9.1.1 In this chapter,

"Esso" means Imperial Oil Limited and Esso Resources (Canada) Limited, and their subsidiary corporations and their successors and assigns; and

"Proven Area" means the area described in Schedule "A" to the Proven Area Agreement dated July 21, 1944 between Imperial Oil Limited and His Majesty in Right of Canada ("the Proven Area Agreement"), as amended and renewed from time to time.

9.2 Consultation

9.2.1 Government shall consult with the Sahtu Tribal Council with respect to those matters to be discussed with Esso or other parties on any amendment, renegotiation or renewal of the Proven Area Agreement or any new agreement for the development of the Proven Area and shall keep the Sahtu Tribal Council fully informed of the progress of such negotiations. The Sahtu Tribal Council shall treat such information as confidential if requested by government to do so.

9.2.2 Government and the Sahtu Tribal Council shall establish a joint committee for the purpose of reviewing current and future operations pursuant to the Proven Area Agreement.

9.2.3 The joint committee shall meet periodically, but at least annually, in the settlement area, to receive and consider reports and advise Esso with respect to such matters as:

1. current operating results and expenditures;
2. environmental monitoring and controls;
3. community relations and liaison;
4. employment and training of participants and other local personnel; and
5. future development in the oil field.

9.2.4 The joint committee shall call an annual meeting in Fort Good Hope, Norman Wells or Fort Norman in order to present a report to the participants including:

1. the previous year's operations, including appropriate financial information;
2. the environmental and other consequences of any incidents, spills, accidents and any resultant cleanup activities;
3. employment and training of participants;
4. plans for the upcoming year or years; and
5. other matters of concern to the participants.

9.2.5 The joint committee may invite Esso to participate in its meetings and shall invite Esso to participate in the annual meeting mentioned in 9.2.4.

9.2.6 Government and the Sahtu Tribal Council shall each bear their own costs in respect of participation on the committee.

9.3 Release

9.3.1 Canada is discharged from all undertakings and obligations, if any, to the participants in respect of the Proven Area other than those expressed in this agreement.

11.1 Definitions

11.1.1 In this chapter,

"Tax Act" shall mean the Income Tax Act, R.S. 1970-71-72, c. 63 and the Income Tax Act, R.S.N.W.T. 1988, c. I-1;

"federal Tax Act" shall mean the Income Tax Act, R.S. 1970-71-72, c. 63;

"real property taxation" shall mean all local government tax and taxes on real property but, for greater certainty, does not include any tax levied pursuant to the Tax Act, tax on goods and services, sales tax or tax on transfer of property;

"settlement corporation" shall mean a corporation described in 11.3.1; and

"Minister" shall mean the Minister of National Revenue.

11.2 Capital Payments

11.2.1 There shall be no federal, territorial or local government tax or other similar charge exigible in respect of, or reduction to the cost or capital cost of, property acquired as a result of the receipt by a designated Sahtu organization of, or the receipt by a settlement corporation that may reasonably be considered to be a receipt of, amounts that are:

1. capital transfer payments described in chapter 8;
2. payments made to all designated Sahtu organizations and settlement corporations described in chapter 10, to the extent that such payments do not exceed in aggregate $3.0 million; and
3. loans described in 8.3.

11.2.2 Except as provided in this chapter, any income earned on an amount described in 11.2.1(a), (b) or (c) received by a person other than a settlement corporation shall be subject to federal, territorial or local government tax or other similar charges as may be exigible under legislation.

11.3 Settlement Corporations

11.3.1 A settlement corporation means a non-share capital corporation that:

1. is incorporated by the participants, is resident in Canada and is operated all or substantially all for the general benefit of participants;
2. devotes all or substantially all of its resources to making the investments described in 11.3.3 and to carrying on its permitted activities as described in schedule I to this chapter;
3. qualifies as a designated Sahtu organization, as described in chapter 7;
4. has received no contributions of capital or other amount, except an amount that is
   1. an amount described in 11.2.1;
   2. a transfer of capital from another settlement corporation; or
   3. a grant or subsidy received from a government institution or other similar public body in the course of carrying on the settlement corporation's permitted activities as described in schedule I to this chapter;
5. has given to the Minister an election (i) to be a settlement corporation and (ii) to be subject to the special rules applicable to a settlement corporation, as provided in this chapter, with the first tax return that it is required to file with the Minister; and
6. has not had its status as a settlement corporation terminated pursuant to 11.3.7.

11.4 Settlement Lands and Depreciable Property

11.5 Real Property Taxation of Settlement Lands

11.5.1 (a) Unimproved settlement lands shall be exempt from real property taxation. Improvements which are used primarily for non-commercial wildlife harvesting or other traditional purposes, including single-family residences, cabins, camps and tent frames, shall be exempt from real property taxation.

(b) In (a), "non-commercial wildlife harvesting" means wildlife harvesting which does not require authorization from the Renewable Resources Board pursuant to 13.7.1(a).

11.5.2 Subject to 11.5.1(a), settlement lands are subject to real property taxation under applicable legislation.

11.5.3 Notwithstanding 11.5.1(a), settlement lands that are leased or occupied by a person who is not a participant are subject to real property taxation under applicable legislation.

11.5.4 Should a participant or other person who occupies settlement lands fail to pay real property taxes levied against such participant or other person in respect of such lands and such taxes are in arrears for a period of one year or more, the designated Sahtu organization which holds title to the lands shall be liable to pay, upon notice from the applicable government, such taxes within a reasonable period of time as may be determined by such government from time to time.

11.6 Administration and Enforcement

11.6.1 The Minister shall be responsible for the administration and enforcement of the provisions of this agreement that relate to income taxation, goods and services taxation and regulation of qualified investments and to that end may seek the advice of the Minister of Indian Affairs and Northern Development with respect to any matter arising out of these provisions.

11.6.2 Every settlement corporation shall produce every year a report in a form acceptable to the Minister from a public accountant who has audited the settlement corporation providing the Minister with the information required to administer the provisions of this chapter.

11.6.3 Any tax or other amounts payable by a settlement corporation as provided in this chapter shall be considered to be tax or an amount payable under the Tax Act and, for greater certainty, the penalty, interest and administrative provisions of the Tax Act shall apply, with such modifications as are required, to any such tax or other amount.

11.7 Implementation and Interpretation

11.7.1 The Tax Act may be amended to provide for the implementation of this chapter.

11.7.2 Unless otherwise provided in this agreement and except to the extent that the context otherwise requires, words and phrases used in this chapter shall be deemed to have the meaning they have for the purposes of the federal Tax Act.

11.7.3 To the extent not inconsistent with this chapter, the Tax Act shall apply to the provisions of this chapter with such modifications as the circumstances require.

11.7.4 A settlement corporation shall be deemed for purposes of the Tax Act not to be a "specified financial institution".

Schedule I - Permitted Activities of Settlement Corporations

Definitions:

In this schedule,

"low-income participant" means a participant whose total family income is less than 75 percent of the Northwest Territories average annual family income as set out in the last available census data published by Statistics Canada on economic families; and

"Sahtu heritage resources" means heritage resources which relate to the history and culture of the participants.

The following are permitted activities of settlement corporations. Subject to 11.3.2, it is not necessary for any or all of the permitted activities to be carried out by a settlement corporation.

12.1 Programs for Economic Development

12.1.1 Government economic development programs in the settlement area shall take into account the following objectives:

1. that the traditional economy of the participants should be maintained and strengthened; and
2. that the participants should be economically self-sufficient.

12.1.2 To achieve the objectives in 12.1.1, government shall take such measures as it considers reasonable, in light of its fiscal responsibility and economic objectives, including:

1. support of the participants' traditional economy and of individual harvesters and promotion of the marketing of renewable resource products and native manufactured goods;
2. assistance in the development of commercially viable businesses and enterprises of the participants, and when necessary, identification of possible sources of financial assistance;
3. provision of business and economic training and educational assistance to participants so that they may be able to participate more effectively in the northern economy; and
4. encouragement of the employment of participants in the settlement area, including employment in major projects and developments, in the public service and public agencies. Accordingly, government shall prepare plans for the training and employment of participants, including the development of measures to recognize the special need of participants for pre-employment training in basic skills. Government shall review job qualifications and recruitment procedures to remove inappropriate requirements in respect of cultural factors, experience, or education.

12.1.3 Where government proposes economic development programs related to the objectives in 12.1.1, government shall consult with the Sahtu Tribal Council.

12.1.4 Government shall meet with the Sahtu Tribal Council not less than once every three years to review the effectiveness of programs relating to the objectives in 12.1.1 and the measures in 12.1.2.

12.2 Government Employment and Contracts

12.2.1 Where government carries out public activities in the settlement area which give rise to employment or other economic opportunities and government elects to enter into contracts with respect to those activities:

1. the Government of Canada contracting procedures and approaches intended to maximize local and regional employment and business opportunities, including the provision of opportunities for potential contractors to become familiar with bidding systems, or
2. the Government of the Northwest Territories preferential contracting policies, procedures and approaches intended to maximize local, regional and northern employment and business opportunities

shall be followed respectively by Canada or the Government of the Northwest Territories.

12.2.2 The Government of the Northwest Territories shall consult with the Sahtu Tribal Council when developing modifications to its preferential contracting policies, procedures and approaches.

12.2.3 When the Government of the Northwest Territories intends to carry out activities on settlement lands which give rise to employment or other economic opportunities, and when the Government of the Northwest Territories elects to enter into contracts with respect to those activities without going to public tender, participants shall be given the first opportunity to negotiate such contracts, provided they satisfy all criteria including any qualifications particular to the contract, and price.

12.3 General

12.3.1 The provisions of this chapter are intended to be implemented through programs and policies which are in place from time to time without imposing any additional financial obligation on government.

13.1 Objectives

13.1.1 This chapter has the following objectives:

1. to protect for the future the right of participants to gather, hunt, trap and fish throughout the settlement area at all seasons of the year;
2. to conserve and protect wildlife and wildlife habitat and to apply conservation principles and practices through planning and management;
3. to provide participants with certain exclusive, preferential and other harvesting rights and economic opportunities related to wildlife;
4. to respect the harvesting and wildlife management customs and practices of the participants and provide for their ongoing needs for wildlife;
5. to involve participants in a direct and meaningful manner in the planning and management of wildlife and wildlife habitat;
6. to integrate planning and management of wildlife and wildlife habitat with the planning and management of all types of land and water use in order to protect wildlife and wildlife habitat;
7. to ensure that traditional harvesting by other aboriginal peoples who have harvested in the settlement area can be accommodated in this agreement; and
8. to deal fairly and equitably with persons who hunt, trap, fish or conduct commercial wildlife activities in the settlement area and who are not participants.

13.2 Definitions

13.2.1 In this chapter,

"Board" means the Renewable Resources Board; and

"edible products of wildlife" includes those parts of wildlife traditionally consumed for food by aboriginal people.

13.3 General

13.3.1 Government shall retain the ultimate jurisdiction for the management of wildlife and wildlife habitat. Government shall continue to have the jurisdiction to initiate programs and to enact legislation with respect to the settlement area which are not inconsistent with this agreement.

13.3.2 The exercise of the rights of participants under this chapter is subject to the limitations provided in this agreement and to legislation in respect of conservation, public health or public safety.

13.3.3 Nothing in this agreement is intended to confer rights of ownership in any wildlife.

13.3.4 Nothing in this agreement shall be construed as granting a participant any right to buy, sell or offer for sale any migratory game bird, or parts thereof, or migratory game bird's egg not authorized for sale by law.

13.3.5 The right to harvest wildlife pursuant to this chapter does not extend to migratory non-game birds and migratory insectivorous birds as defined in the Migratory Birds Convention Act, R.S. 1985, c. M-7.

13.4 Harvesting

13.4.1 Participants have the right to harvest all species of wildlife within the settlement area at all seasons of the year subject to limitations which may be prescribed in accordance with this agreement.

13.4.2 The right described in 13.4.1 does not preclude persons who are not participants from harvesting in accordance with legislation.

13.4.3 (a) Subject to the provisions of this agreement, participants have the exclusive right to harvest wildlife on Sahtu lands.

(b) No person who is not a participant may harvest wildlife, other than fish or migratory game birds as may be provided pursuant to this agreement, on or in waters overlying Sahtu lands.

13.4.4 (a) Participants may use the special harvesting areas identified in schedules V, VI and VII, appendix E, to harvest fish or other species of wildlife specified for those special harvesting areas. The disposition of wildlife harvested from such areas is subject to 13.4.16.

(b) Persons who are not participants may not have access to such areas in (a) for the purpose of harvesting wildlife where such harvesting would be inconsistent with the special harvesting by participants.

(c) Persons who are not participants may, pursuant to legislation, harvest moose in the special harvesting areas designated for the harvesting of moose during a season in the fall of the year. The season in such area shall be no longer than 90 days in duration and shall close no later than the 16th day of December in any calendar year. Such special harvesting areas are set out in schedule VII, appendix E.

(d) The Board may change or remove any such special harvesting areas and the conditions attached thereto, with the consent of the affected Renewable Resources Council.

13.4.5 (a) Participants have the exclusive right to harvest fur bearers throughout the settlement area.

(b) Notwithstanding (a), persons who are not participants may hunt, but not trap, wolves and coyotes on lands other than Sahtu lands throughout the settlement area in accordance with legislation.

13.4.6 A Renewable Resources Council may permit any person, within the limits prescribed by laws affecting wildlife harvesting and management and by this agreement, to harvest wildlife from the lands referred to in 13.4.3, to harvest wildlife to which participants have been granted special harvesting rights in 13.4.4, and to harvest fur bearers to which participants have the exclusive right, upon terms and conditions respecting species, location, methods, quantities, seasons and duration of harvest as may be set by the Renewable Resources Council. In the case of 13.4.4, such permission may only be granted for the period of the participants' exclusive use and in respect of the species for which the special harvesting area was established. Where the Renewable Resources Council has received a request for permission to harvest pursuant to this provision, it shall render a decision within 60 days of the request and duly communicate such decision to the applicant.

13.4.7 Where a Renewable Resources Council has granted or refused permission to a person who is not a participant to harvest fur bearers on lands in the settlement area which are not Sahtu lands and on which fur bearers are not being harvested, such person may apply in writing to the Board for a review of such refusal or of the terms and conditions attached to any permission. The Board shall consider such application within 60 days of receipt and may set aside the decision of the Renewable Resources Council and may substitute its own decision together with terms and conditions, if the Board determines that it is reasonable, in all the circumstances, to do so. The decision of the Board shall not be subject to review by the Minister.

13.4.8 Where, in accordance with this chapter, a Renewable Resources Council permits persons who are not participants to harvest wildlife, harvesting by those persons shall be in accordance with legislation and such conditions as may be set by the Renewable Resources Council. Where such permission is granted to persons who are not participants, the resulting harvest shall not be included in the Sahtu Needs Level established pursuant to 13.5.

13.4.9 The participants shall not charge a fee or receive a benefit for the act of granting a person who is not a participant permission to harvest wildlife. The participants may charge a fee or obtain a benefit:

1. for granting access to Sahtu lands to a person who is not a participant for harvesting; or
2. for services and facilities provided to a person who is not a participant in connection with harvesting wildlife.

13.4.10 (a) Participants have the right of access to all lands within the settlement area for the purpose of harvesting wildlife, subject to 13.4.10(b), 13.4.12, 13.4.13, 16.1.2 and 27.2.1.

(b) The exercise of the right of access provided by (a) to lands owned in fee simple or subject to an agreement for sale or a surface lease, is subject to the following conditions:

1. that there be no significant damage to the lands, and the user shall be responsible for any such damage;
2. there be no mischief committed on the lands;
3. there be no significant interference with the occupier's use of, and peaceable enjoyment of, the lands; and
4. unless otherwise provided for in an agreement with the owner or occupier, participants using this right of access do so at their own risk and have no right of action against the owner or occupier for loss suffered or damage arising therefrom.

13.4.11 (a) The right of access granted to participants by 13.4.10 includes the right to travel and establish and maintain hunting, trapping and fishing camps.

(b) In (a), "camp" means a facility established for the personal use of participants for the purpose of wildlife harvesting.

(c) The participants' right of access described in 13.4.10 includes the use of plants and trees for purposes ancillary to wildlife harvesting.

13.4.12 The right of access granted by 13.4.10 shall not extend to:

1. lands dedicated to military or national security purposes pursuant to legislation or areas temporarily being used for military exercises for the period of such temporary use, after notice of such dedication or use has been given to the designated Sahtu organization in the affected Sahtu community or communities;
2. lands which, at the date of settlement legislation, are owned in fee simple or are subject to an agreement for sale or to a surface lease;
3. lands within municipal boundaries which, after the date of settlement legislation, are granted in fee simple, made subject to an agreement for sale or to a surface lease;
4. lands outside municipal boundaries of 130 hectares or less in surface area which, after the date of settlement legislation are granted in fee simple, or made subject to an agreement for sale or to a surface lease; and
5. lands the right of access to which is restricted in accordance with 13.4.13.

13.4.13 (a) It is recognized that some uses of land, which may be authorized in the future, may conflict with harvesting activities and thus be incompatible with the exercise of participants' harvesting rights.

(b) If government or a holder of an interest in land (hereinafter "the proponent") proposes that the right of access granted in 13.4.10 should be restricted because a proposed use of land would conflict with harvesting, the proponent, after consultation with the Sahtu Tribal Council with respect to the proposal, shall give notice to any other holder of an interest in the land and to any Renewable Resources Council for the area in which the land is situated specifying the nature, extent, duration and conditions as well as a proposal for public notice of the proposed restriction.

(c) Any Renewable Resources Council or holder of an interest in the land to which the notice has been sent may, within 60 days of receipt of the notice, or such other period as the Board may establish, refer the proposal to arbitration pursuant to chapter 6, which shall determine:

1. whether the proposed use conflicts with harvesting, and if so,
2. the nature, extent, duration and conditions of the restriction on access for harvesting, including the establishment and maintenance of hunting, trapping and fishing camps, required to allow the proposed use.

(d) The arbitrator shall ensure that a restriction shall only apply for as long as the land is in actual use and only to the extent necessary to permit the proposed use without conflict. (e) Where no reference to arbitration is made pursuant to (c), the proposed restriction shall come into effect, according to the terms specified in the notice described in (b), unless otherwise agreed to by the parties.

(f) The provisions of 13.4.13 do not apply to Sahtu lands.

13.4.14 Participants have the right to employ any methods of harvesting and to possess and use any equipment for the purpose of harvesting. In addition to being subject to legislation referred to in 13.3.2, this right is also subject to legislation respecting the humane harvesting of wildlife. Government agrees that no legislation respecting the humane harvesting of wildlife will be introduced without prior consultation with the Sahtu Tribal Council.

13.4.15 The exercise of the rights of the participants in 13.4.10, 13.4.14 and 16.1.2 is subject to legislation for the protection of the environment from significant damage.

13.4.16 (a) Participants have the right to trade among themselves and with other aboriginal persons, for personal consumption, edible products of wildlife harvested by the participants.

(b) In (a), "aboriginal persons" means aboriginal persons

1. who reside in and who are eligible to harvest wildlife in the Northwest Territories; or
2. who are members of a Yukon First Nation and who reside in the Yukon.

(c) Nothing in 13.4.16 is intended to confer any rights on any persons other than participants.

(d) The right provided in (a) is intended to maintain traditional sharing among individuals and communities and is not to be exercised in a manner that would be considered by the Board to be commercial. The Board may propose regulations in respect of such trade but only to ensure that it is not done in a manner that it considers commercial. Notwithstanding 13.8.25, the Minister may review any such proposed regulation only for purposes of conservation, public safety or public health.

13.4.17 Participants have the right to trade with any person any non-edible products of wildlife that are obtained from the harvesting of fur bearers or incidentally from the harvesting of wildlife for personal use.

13.4.18 The right of the participants to harvest wildlife includes the right to possess and transport wildlife parts and products in the Northwest Territories, in other areas where provided for in this agreement, and between the Northwest Territories and such other areas.

13.4.19 (a) Where required by the Board, participants shall show proof of enrolment as provided by the Enrolment Board pursuant to 4.4.2(j).

(b) The Board may require participants to obtain permits or licences for the purpose of regulating harvesting, but participants shall not be required to pay any fee or tax for any non-commercial permit or licence.

13.4.20 Nothing in this agreement prevents any person from killing wildlife in the settlement area for survival in an emergency.

13.5 Limitation of the Harvest

13.5.1 The Board may limit the quantity of the harvest by participants in accordance with the procedure set out in 13.5.

13.5.2 The Board may, in accordance with this chapter, establish, modify or remove total allowable harvest levels from time to time in the settlement area but shall establish or modify such levels only if required for conservation and to the extent necessary to achieve conservation. Unless a total allowable harvest is established, the quantity of the harvest by participants may not be limited.

13.5.3 Where a total allowable harvest has been established, the Board shall allocate for the participants a portion or all of the total allowable harvest, hereinafter called the "Sahtu Needs Level". When the Sahtu Needs Level equals or is less than the total allowable harvest it shall constitute a first demand on the total allowable harvest. When the Sahtu Needs Level is greater than the total allowable harvest, the participants shall be allocated not more than the total allowable harvest.

13.5.4 The Board may establish the total allowable harvest and a Sahtu Needs Level for a particular wildlife species or population applicable to the settlement area as a whole, or to particular areas or communities. The Board may adjust such Sahtu Needs Level from time to time.

13.5.5 When establishing and adjusting a Sahtu Needs Level, the Board shall consult with Renewable Resources Councils and shall consider all relevant factors including in particular:

1. the usage patterns and levels of past harvests by participants;
2. personal consumption needs of participants, including their nutritional, clothing and cultural needs and fish for their dogs;
3. trade among participants to meet their needs described in (b); and
4. the availability of various wildlife species and populations to meet these needs.

13.5.6 A Settlement Area Harvest Study shall be conducted in order to provide necessary information for the Board and government to effectively manage wildlife. The terms of reference for the harvest study are set out in schedule I to this chapter.

13.5.7 Except when the total allowable harvest is less than the Sahtu Minimum Needs Level established pursuant to 13.5.8 or 13.5.9, the Sahtu Needs Level may be established above or at, but shall never be established below, the Sahtu Minimum Needs Level.

13.5.8 When the study described in 13.5.6 has been completed, the Sahtu Minimum Needs Level for a species or population of wildlife shall be equal to one half of the sum of the average annual harvest by participants over the first five years of the study and the greatest amount taken in any one of those five years, which calculation is expressed mathematically as:

h1*h2*h3*h4*h5
[_____________________________*hmax]*1/2
5

h1 = harvest in year 1
h2 = harvest in year 2
h3 = harvest in year 3
h4 = harvest in year 4
h5 = harvest in year 5
hmax = greatest amount taken in years 1-5

13.5.9 (a) Until the study described in 13.5.6 is completed, and when a total allowable harvest is established, the Board shall set the Sahtu Minimum Needs Level in accordance with the calculation in 13.5.8, using the best information available to estimate the annual harvest levels for the five years prior to establishment of the total allowable harvest. The Board may review and adjust such Minimum Needs Level as the study data become available.

(b) Notwithstanding 13.5.7, if the Sahtu Tribal Council or the appropriate Renewable Resources Council advises the Board that the Sahtu Needs Level for a particular species, population, area or community will not be required in a particular harvesting period, the Board may allocate such unrequired portion, or a part thereof, pursuant to 13.5.15.

13.5.10 The provisions of 13.5.11 to 13.5.14 shall apply to the species named therein, notwithstanding 13.5.1 to 13.5.9.

13.6 Management of Migratory Species

13.6.1 Government undertakes that plans for wildlife management and habitat management will be designed to maintain or enhance the productivity of populations of migratory species within the Northwest Territories and Yukon Territory in an integrated fashion.

13.6.2 Government shall work with the Board, other wildlife management bodies and users to establish wildlife management agreements with respect to migratory species. Where an agreement has not been concluded for the management of a migratory species, government may exercise its powers of management including stipulating the terms of a management plan which shall be binding on all persons.

13.6.3 Government shall work with the users of the Bluenose caribou herd for the purpose of establishing an agreement for the management of the herd.

13.6.4 Any management agreements established with respect to the Bluenose or Bathurst caribou herds shall apply to the herds named therein, notwithstanding any provisions of this agreement which may be inconsistent with such agreements.

13.6.5 In respect of migratory species which cross international boundaries, Canada shall endeavour to include the countries concerned in cooperative conservation and management agreements and arrangements. Canada shall endeavour to have provisions in such agreements respecting joint research objectives and related matters respecting the control of access to populations.

13.6.6 Government shall provide the Sahtu Tribal Council with the opportunity to be represented in any Canadian management regimes in respect of migratory species which are established pursuant to international or domestic agreements and which affect migratory species in the settlement area.

13.6.7 Canada shall consult the Board in developing Canadian positions for international consultations and negotiations relevant to migratory game bird management in the settlement area.

13.7 Commercial Opportunities Related to Wildlife

13.8 Renewable Resources Board

13.8.1 (a) A Renewable Resources Board shall be established to be the main instrument of wildlife management in the settlement area. The Board shall act in the public interest.

(b) The Board shall be established by virtue of settlement legislation at the date thereof.

(c) Wildlife shall be managed in the settlement area in accordance with this agreement including its objectives.

13.8.2 (a) Where, by legislation, any other renewable resources board ("the new board") is established having jurisdiction in an area within the Mackenzie Valley which includes the settlement area:

1. the new board shall assume the powers and responsibilities of the Board;
2. the Board shall merge with and become a regional panel of the new board. The regional panel shall be reduced to five members of which two shall be nominees of the Sahtu Tribal Council;
3. the regional panel shall exercise the powers of the Board except that where, in the opinion of the new board, any decision or recommendation may affect renewable resources in an area within the jurisdiction of the new board outside the settlement area, the decision or recommendation shall be made by the new board. At least one member of the new board making such a decision or recommendation shall be a nominee of the Sahtu Tribal Council; and
4. decisions of the regional panel shall be decisions of the new board and subject to review by the Minister in the same manner as decisions of the Board.

(b) The Sahtu Tribal Council shall be consulted with respect to any such legislation.

13.9 Renewable Resources Councils

13.9.1 There shall be a Renewable Resources Council in each Sahtu community to encourage and promote local involvement in conservation, harvesting studies, research and wildlife management in the community.

13.9.2 A Renewable Resources Council shall be established by the designated Sahtu organization in the community.

13.9.3 A Renewable Resources Council shall be composed of not more than seven persons who are residents of the community.

13.9.4 A Renewable Resources Council shall have the following powers:

1. to allocate any Sahtu Needs Level for that community among the participants;
2. to manage, in a manner consistent with legislation and the policies of the Board, the local exercise of participants' harvesting rights including the methods, seasons and location of harvest;
3. to establish or amend group trapping areas in the settlement area, subject to the approval of the Board, provided that the portion of the Fort Good Hope - Colville Lake Group Trapping Area which is in the settlement area may not be reduced in size without the consent of the designated Sahtu organizations in Fort Good Hope and Colville Lake;
4. to exercise powers given to Renewable Resources Councils under this agreement; and
5. to advise the Board with respect to harvesting by the participants and other matters of local concern within the jurisdiction of the Board.

13.9.5 The Board shall consult regularly with Renewable Resources Councils with respect to matters within the Board's jurisdiction. Government and the Board may jointly delegate authority to Renewable Resources Councils, upon terms and conditions established by government and the Board.

13.9.6 Renewable Resources Councils shall participate in the collection and provision, to government and the Board, of local harvesting data and other locally available data respecting wildlife and wildlife habitat.

13.10 Other Provisions

13.10.1 Government shall consult with the Sahtu Tribal Council with respect to the formulation of government positions in relation to international agreements which may affect wildlife or wildlife habitat in the settlement area, including negotiations with respect to methods of harvesting and amendments to the Migratory Birds Convention (1916), prior to adopting positions.

13.10.2 (a) Persons who reside in the Mackenzie Valley or the Western Arctic Region and who held General Hunting Licences as at the date of settlement legislation may continue to harvest in the settlement area in accordance with legislation pertaining to such licences.

(b) Any participant who held a General Hunting Licence as at the date of settlement legislation may continue to hold such licence and shall be permitted to harvest outside the settlement area in accordance with legislation pertaining to such licences.

Schedule I - Terms of Reference: Settlement Area Harvest Study

The terms of reference for the Settlement Area Harvest Study (the "Harvest Study") pursuant to 13.5.6 of the agreement are as follows:

Schedule II - Right of First Refusal

The right of first refusal to purchase an enterprise pursuant to 13.7.6 shall operate as follows.

1. Where the owner of an enterprise wishes to sell the enterprise or any part thereof ("the asset"), the owner shall notify the Sahtu Tribal Council in writing of the asset, the selling price of the asset, the terms of sale and any other relevant details and conditions which a reasonable, informed purchaser would require. The owner shall provide a reasonable opportunity to inspect the asset.
2. The notification in (i) shall constitute an offer to sell the asset to the Sahtu Tribal Council upon the terms and conditions specified in the notification.
3. The Sahtu Tribal Council shall have 30 days from the date of receipt of notification to indicate whether it wishes to exercise its right of first refusal.
4. If it wishes to exercise the right of first refusal, the Sahtu Tribal Council shall have 120 days from the date of receipt of notification to accept the offer after which time the offer shall lapse. The owner may extend the time in which the Sahtu Tribal Council may accept the offer.
5. Where the Sahtu Tribal Council notifies the owner that it does not intend to exercise its right of first refusal, fails to notify an owner of its intention within the time limit specified in (iii) or fails to meet the requirements in (iv), the right of first refusal shall lapse and the owner shall be free, within three years of the lapse of the offer in (iv), to sell the asset to another person, provided that the selling price and any terms and conditions are at least equivalent to the price and terms and conditions offered to the Sahtu Tribal Council in (ii).
6. The owner may not sell the asset to a person other than the Sahtu Tribal Council at a price less than the selling price or under significantly different terms and conditions than set out by the owner pursuant to (i) unless the owner sets a new selling price or new terms and conditions pursuant to (i). Where a new selling price or new terms and conditions are set pursuant to (i), the right of first refusal shall apply to such selling price and such terms and conditions in accordance with these provisions.
7. Where the owner fails to sell the asset within three years of the lapse of the offer in (v), the owner may not sell the asset without a further notification pursuant to (i).
8. Where the Sahtu Tribal Council does not exercise its right of first refusal in respect of the purchase of all or part of an enterprise in (i), it shall not have a right of first refusal to take up a new licence issued in respect of the enterprise where such licence is associated with the sale of all or part of the enterprise pursuant to (v).

Schedule III - Oath of Member of the Renewable Resources Board

I do solemnly affirm (or swear) that I will faithfully, truly, impartially and honestly, and to the best of my judgement, skill and ability, execute and perform the duties required of me as a member of the Board.

16.1 General

16.1.1 The purpose of national parks established in the settlement area is to preserve and protect for future generations representative natural areas of national significance, including the wildlife resources of such areas, and to encourage public understanding, appreciation and enjoyment of such areas, while providing for the rights of the participants under this agreement to use such areas for the harvesting of wildlife and plants.

16.1.2 The wildlife harvesting rights of the participants and the wildlife management provisions of this agreement shall apply in national parks in the settlement area, as modified by the provisions of this chapter.

16.1.3 The traditional and current use of lands within a national park by the participants shall be recognized in policies and public information programs and materials.

16.1.4 Park management plans and guidelines for national parks shall respect:

1. Sahtu burial sites and places of religious and ceremonial significance; and
2. Sahtu historic and archaeological sites.

16.1.5 Exploration for and development of minerals shall not be permitted within a national park, except as may be required for construction purposes within the park.

16.1.6 Except as otherwise provided in this agreement, all national parks in the settlement area shall be planned, established and managed pursuant to the National Parks Act, R.S. 1985, c. M-13, and other legislation, the national parks policy and park management plans in effect from time to time.

16.1.7 Once established, the boundaries of a national park shall not be reduced without the consent of the Sahtu Tribal Council. The boundaries of a national park shall not be enlarged except by Order-in-Council, proclamation or legislation after consultation with the Sahtu Tribal Council.

16.2 Impact and Benefit Plans

16.2.1 Prior to establishment of a national park in the settlement area, a Sahtu Impact and Benefit Plan for the proposed park shall be jointly prepared by government and the Sahtu Tribal Council for the approval of the Minister.

16.2.2 Impact and Benefit Plans shall address the impact of the establishment and development of the park on the affected Sahtu community or communities in accordance with the provisions of this agreement and shall describe the steps that will be taken by government in the establishment of the park. In particular, the plan may include provisions relating to:

1. the National Park Management Committee ("the Committee") described in 16.3;
2. the continued use of participants' camps, cabins and traditional travel routes for the exercise of the harvesting rights of the participants in the park;

economic and employment opportunities for the participants and measures which will be adopted to assist participants to take advantage of such opportunities, in accordance with the preference provided for in 16.7;

(d) mitigation of potential negative impacts of park establishment on the affected Sahtu community or communities;

(e) routes and locations for public access to the park; and

(f) other matters of concern to government or the affected Sahtu community or communities.

16.2.3 If the Sahtu Tribal Council and government fail to reach agreement on a plan for a proposed park within a reasonable period of time, each party may submit its own plan to the Minister for the Minister's consideration and decision. The Minister shall give written reasons for a decision.

16.2.4 All plans shall contain provisions providing for a review of the plan not less than once every 10 years.

16.3 National Park Management Committees

16.3.1 A Committee shall be established for each national park in the settlement area at the time the park is established.

16.3.2 (a) The Committee shall consist of equal numbers of members to be appointed by the appropriate Renewable Resources Council or Councils and by the Minister in consultation with the Government of the Northwest Territories. For each member appointed there shall be appointed an alternate member in the same manner.

(b) Each member shall exercise one vote.

(c) The Park Superintendent or his or her designate shall sit as an ex-officio, non-voting member.

(d) The Committee shall choose from its members a chairperson who shall serve a fixed term and shall vote only in the event of a tie. The party who appointed the member who was selected as chairperson shall name a replacement to the Committee. If the Committee fails to agree on a chairperson within a reasonable period of time, the Minister shall select the chairperson from the Committee.

(e) All appointments shall be for a fixed term. A member may be removed from office for cause by the authority responsible for his or her appointment.

(f) The Committee may meet as often as necessary, but shall hold at least two meetings annually.

(g) The Committee may establish its own rules of procedures respecting the conduct of its business.

16.3.3 The Committee may advise the Minister or the Minister's designate, the Renewable Resources Board or agencies of government, as appropriate, with respect to the following matters:

1. all matters affecting the national park which lie within the Renewable Resources Board's powers and responsibilities;
2. interim management guidelines, park management plans and any amendments to them;
3. park employment, training plans and economic opportunities for participants associated with the development and operation of the park;
4. any proposed changes to park boundaries;
5. issuance of permits for cabins or camps which may be required for the exercise of the harvesting rights of the participants;
6. measures to give protection to sites, within the park, of cultural and spiritual significance to the participants and of archaeological significance;
7. information and interpretive programs to recognize participants traditional use of the park area;
8. research and field work conducted by or for government in a national park; and
9. any other matters which may be referred to the Committee by the Minister, the Renewable Resources Board or agencies of government.

16.3.4 The Minister shall advise the Committee in writing of reasons for rejection of any advice provided and afford the Committee an opportunity for further consideration of the matter.

16.4 Park Planning and Management

16.4.1 Interim management guidelines for a national park shall be prepared by the Canadian Parks Service, in consultation with the Committee, within two years of establishment of a national park.

16.4.2 A park management plan shall be prepared by the Canadian Parks Service in consultation with the Committee within five years of establishment of a national park, and shall be reviewed and revised as required from time to time and not less than every 10 years.

16.4.3 Park management plans shall be approved by the Minister prior to coming into force.

16.4.4 To the extent feasible, interim management guidelines and park management plans shall be prepared in the settlement area.

16.4.5 Park management plans shall describe the policies which guide the conservation and management of the park and its resources.

16.5 Wildlife

16.5.1 National parks shall be managed in a manner which provides for wildlife harvesting by the participants, consistent with the protection of wildlife habitat, the maintenance of viable wildlife populations, and the natural evolution of ecosystems and their associated plant and animal species, as well as public use and enjoyment of the national parks.

16.5.2 Wildlife management within national parks shall be compatible with wildlife management in surrounding areas to the extent possible, consistent with national parks objectives and policies.

16.5.3 Except for the harvesting of fur bearers, the harvesting of wildlife within national parks by participants shall be limited to the personal use of the participants or for trade with other participants for their personal use or with other aboriginal persons referred to in 13.4.16 for their personal use.

16.5.4 Permits may be required for the location of cabins and camps required for the exercise of participants' harvesting rights; such cabins and camps shall conform to interim management guidelines and park management plans. Permits shall be issued by the Park Superintendant without charge.

16.5.5 Sport fishing may be permitted, subject to the provisions of chapter 13. Subject to 16.5.3, hunting shall not be permitted in any national park.

16.5.6 Any allocation of the harvesting rights of the participants among individual harvesters shall be the responsibility of the appropriate Renewable Resources Council.

16.5.7 Persons who are not participants and who:

1. held General Hunting Licences at the date of settlement legislation and lawfully harvested wildlife; or
2. otherwise lawfully harvested wildlife for subsistence purposes;

in the area comprised by a park at the time of its establishment, and the children of such persons, may continue to harvest wildlife after the establishment of the park, if permitted by and in accordance with the National Parks Act, R.S. 1985, c. M-13.

16.6 Plants and Trees

16.6.1 Participants may gather plant material for food, medicine, cultural and other personal purposes and for purposes required in the exercise of wildlife harvesting rights within the park subject to park management plans and to legislation in respect of conservation, public health, public safety and protection of the environment from significant damage. This right includes the cutting of trees for construction and maintenance of cabins and camps and for fuel.

16.7 Economic and Employment Provisions

16.7.1 The parties intend that qualified participants will hold a majority of jobs in national parks in the settlement area. To this end, training opportunities, as described in the Impact and Benefit Plan, shall be provided to assist participants to qualify for such employment.

16.7.2 To the extent that commercial and economic activities related to wildlife and tourism may be permitted in national parks, the Sahtu Tribal Council shall have the right of first refusal to any new licences to carry on such activities and to take up licences in force at the date of settlement legislation that are not renewed, as provided in 13.7.

16.7.3 In the event that manipulation of wildlife populations by way of a controlled hunt is required in a national park within the settlement area, the participants shall be given the preferential right to conduct the hunt in co-ordination with park officials, and to dispose of wildlife parts and products resulting therefrom outside the park, in accordance with this chapter.

16.8 Bluenose National Park

16.8.1 (a) A national park is proposed to be established to include Bluenose Lake and the watershed of the Hornaday River.

(b) If the park includes lands within the settlement area, the Sahtu Tribal Council shall be consulted with respect to the establishment of the park and, subject to 16.8.2, the provisions of this chapter shall apply.

16.8.2 (a) The parties may agree that 16.2 does not apply within Bluenose National Park.

(b) 16.3 shall not apply within Bluenose National Park. The Sahtu Tribal Council shall be entitled to nominate one member to any committee established to manage the park if lands within the settlement area form part thereof.

(c) 16.7.2 and 16.7.3 shall apply only with respect to activities described therein that are carried on in that part of the park within the settlement area.

17.1 General

17.1.1 In this chapter,

"territorial park" means an area dedicated as a recreation park under 3(1)(a) and (b) of the Territorial Parks Act, R.S.N.W.T. 1988, c. T-4, and any other territorial park outside local government boundaries the area of which exceeds 130 hectares.

17.1.2 Except as otherwise provided in this agreement, protected areas shall be planned and managed pursuant to legislation respecting protection of the resources in the protected areas.

17.1.3 Except as otherwise provided in this chapter, the provisions of chapters 13, 14 and 15 apply in any protected area established in the settlement area.

17.2 Planning and Management

17.2.1 (a) Government shall consult with the Sahtu Tribal Council and with affected communities prior to the establishment of any protected area, or changes in the boundaries of an established protected area. Such consultation shall commence not less than 12 months prior to the establishment of the protected area or the change in boundaries.

(b) In an emergency for reasons of conservation, such consultation may take place in a shorter period. In the event of an emergency for reasons of conservation which requires immediate government action, government shall consult with the Sahtu Tribal Council as soon as possible after the establishment of a protected area on the necessity of the action and the terms and conditions attached thereto.

17.2.2 The Government of the Northwest Territories shall consult with the Sahtu Tribal Council and with affected communities prior to the establishment of any territorial park which is not included in the definition of territorial park under this chapter.

17.2.3 The Government of the Northwest Territories may prepare a park management plan for each territorial park which describes the policies which will guide the conservation and management of the park and its resources. The Sahtu Tribal Council shall be invited to participate in the preparation of any plan. A park management plan shall be approved by the Minister before coming into force. The use by participants shall be in accordance with the applicable interim management guidelines or park management plan.

17.2.4 Any allocation of participants' harvesting rights among participants in protected areas shall be the responsibility of the appropriate Renewable Resources Council.

17.2.5 The harvesting of wildlife, plants and trees by participants may be restricted in protected areas or parts of protected areas for conservation or other reasons as set out in chapters 13, 14 and 15 or related to the management of the protected area. Any proposed restrictions shall be included in a protected area agreement dealing with impacts and benefits to be negotiated between the designated Sahtu organization in the affected Sahtu communities and government. In the event that a protected area agreement is not concluded within two years of the commencement of negotiations, each party may submit its own proposal to the Minister responsible for the protected area for consideration and decision. The Minister shall give written reasons for a decision.

17.2.6 A protected area agreement may include provisions relating to:

1. employment of participants;
2. training of participants;
3. protection of the religious, cultural and historic sites of participants;
4. mitigation of potential negative impacts of the establishment of the protected area on affected participant harvesters and their communities;
5. participation of the participants in management committees or other similar structures relating to the development and administration of the protected area;
6. any interim management guidelines or management plan;
7. periodic review of the protected area agreement not less than once every 10 years;
8. the continued use of the camps and traditional travel routes of participants to assist harvesting and other traditional uses; and
9. other matters of concern to the affected Sahtu communities and government.

17.2.7 It is the objective of the parties that qualified participants be employed at all occupational levels in protected areas. Government shall identify employment opportunities in respect of the management and administration of protected areas and shall provide appropriate training opportunities for participants as set out in the implementation plan. For any protected area established after the date of settlement legislation, the nature and extent of the training opportunities shall be set out in the protected area agreement.

17.2.8 To the extent that outfitting, guiding and naturalist commercial activities, including tourist establishments related to such activities and facilities for the manufacture or sale of handicrafts, may be permitted in protected areas, the Sahtu Tribal Council shall have the right of first refusal to any new licences to carry on such activities and to take up licences in force at the date of settlement legislation that are not renewed and are available. The procedures set out in 13.7.5(b) shall apply, where appropriate, to such right with such modifications as the circumstances require.

17.2.9 To the extent that commercial wildlife activities including commercial harvesting are permitted in protected areas, the Sahtu Tribal Council shall have the right of first refusal to any new licence for such activities. The procedures set out in 13.7.2 or 13.7.5(b) shall apply, where appropriate, to such right with such modifications as the circumstances require.

17.2.10 In the event that manipulation of wildlife populations is required in a protected area, the Sahtu Tribal Council shall be given the first opportunity to conduct the hunt and to dispose of wildlife parts and products resulting therefrom in accordance with a plan to be approved by officials responsible for the protected area.

17.3 Canol Trail and Dodo Canyon

17.3.1 (a) Within three months of the date of settlement legislation, the Government of the Northwest Territories shall submit to Canada a proposal for the creation of a territorial park (or parks) within the lands described in schedule XXI, appendix E, including a request for a reserve of such lands.

(b) Canada shall make a decision with respect to the proposal in (a) within two months of the date of its submission.

(c) The Government of the Northwest Territories shall, within three years of the date of the reservation of lands, submit an application to Canada for the transfer of such lands. The application shall include a park management plan (or plans).

(d) Canada shall make a decision with respect to the application in (c) within one year.

(e) Subject to existing rights, titles or interests in the lands in (a) existing at the date of settlement legislation, Canada shall not, prior to a decision with respect to the application in (c), dispose of any interest in such lands or authorize any activity in such lands where the disposition of that interest or the authorization of that activity would be inconsistent with the establishment of a territorial park. To the extent that legislation permits subsurface exploration and development within territorial parks, this provision shall not prevent government from authorizing subsurface exploration and development in the lands in (a).

(f) For greater certainty, a territorial park (or parks) created on the Canol Trail/Dodo Canyon shall be a protected area within the meaning of this agreement.

(g) Nothing in 17.3 requires Canada or the Government of the Northwest Territories to develop, establish or operate a territorial park (or parks) in the vicinity of Canol Trail and Dodo Canyon but in the event that a territorial park (or parks) is established, the costs of developing, establishing and operating the park (or parks), other than the incremental costs which, in the absence of this agreement are costs that would not have been incurred by the Government of the Northwest Territories, shall not be costs of implementing this agreement.

17.4 Kelly Lake Protected Area

17.4.1 (a) The lands described in schedule XXII, appendix E, shall be set aside and protected by Canada in order to preserve the natural environment of the area in its natural state for the benefit and enjoyment of the public.

(b) Subject to existing rights, titles or interests in the lands in (a), Canada shall withdraw the lands in (a) from the disposition of surface interests at the same date as the withdrawal of lands pursuant to 1.12 of appendix C.

19.1 Sahtu Title

19.1.1 In this chapter,

"lands" does not include water; and

"specified substances" means carving stone, clay, construction stone, diatomaceous earth, earth, flint, gravel, gypsum, limestone, marble, marl, ochre, peat, sand, shale, slate, sodium chloride, soil and volcanic ash.

19.1.2 One or more designated Sahtu organizations shall receive title, which may be referred to as "Sahtu title", to settlement lands as follows:

1. 39 624 square kilometres of lands in fee simple, reserving therefrom the mines and minerals, whether solid, liquid or gaseous that may be found to exist within, upon or under such lands and the right to work the same, subject to any rights, titles or interests in the lands existing at the date of settlement legislation; and
2. 1 813 square kilometres of lands in fee simple, including the mines and minerals, whether solid, liquid or gaseous that may be found to exist within, upon or under such lands, subject to any rights, titles or interests in the lands existing at the date of settlement legislation.

19.1.3 Unless otherwise provided in the legal description,

1. Sahtu title shall include title to those portions of the beds of lakes, rivers and other water bodies contained within the described boundaries of Sahtu lands, and
2. Sahtu title shall not include title to the bed of any lake, river or other water body where any lake, river or water body is described as a boundary of Sahtu lands.

19.1.4 Title to Sahtu lands shall vest in one or more designated Sahtu organizations at the date of settlement legislation.

19.1.5 Settlement lands may not be conveyed to any person except to government in exchange for other lands or to a designated Sahtu organization. This provision shall not be interpreted to prevent the designated Sahtu organization from granting leases or licences to persons who are not participants to use or occupy Sahtu lands.

19.1.6. Subject to the provisions of this agreement and legislation, the participants shall manage and control the use of Sahtu lands, including:

1. the development and administration of land management programs and policies; and
2. the charging of rents or other fees for the use and occupation of Sahtu lands.

19.1.7 Settlement lands are not subject to seizure or sale under court order, writ of execution or any other process whether judicial or extra-judicial.

19.1.8 Settlement lands shall not be mortgaged, charged or given as security.

19.1.9 No person may acquire, by prescription, an estate or interest in settlement lands.

19.2 Specified Substances

19.2.1 Notwithstanding the reservation of mines and minerals from the lands described in 19.1.2(a), and subject to any specific reservation in the grant, Sahtu title shall include the right to specified substances and the right to work such substances.

19.2.2 Notwithstanding 19.2.1,

1. the right to specified substances and to work such substances is subject to the rights of a person having a mineral interest. A person having a mineral interest shall, where practicable, exercise that interest so as to minimize interference with the right of the designated Sahtu organization to work specified substances;
2. no compensation, other than that determined pursuant to 27.2.1(d) and (e), shall be paid to the designated Sahtu organization in respect of any specified substance incidentally taken, used, damaged or destroyed by a person in the course of exercising mineral rights, and any such specified substance taken, used, damaged or destroyed shall be the property of the person exercising the mineral rights; and
3. notwithstanding (b), the property described in (b) of a holder of a mineral interest in specified substances shall terminate upon termination of the mineral interest.

19.2.3 (a) The designated Sahtu organization shall provide supplies of, and permit access to, sand, gravel, clay and other like construction materials on Sahtu lands if, in the opinion of the Land and Water Board, no alternative source of supply is reasonably available in the surrounding area.

(b) The designated Sahtu organization is entitled to fair and reasonable compensation for any materials supplied under (a).

(c) If any person or government, and the designated Sahtu organization, do not agree on any terms or conditions respecting the supply of, or access to, materials under (a), the person or government seeking the supply or access may refer the matter to the Land and Water Board which shall decide all matters between the parties including the question of priorities between the designated Sahtu organization and other users. The decision of the Land and Water Board shall be final and binding on the parties and shall not be challenged by appeal or review in any court except on the ground that the Board erred in law or exceeded its jurisdiction.

(d) The Land and Water Board may establish rules and procedures for the carrying out of this provision.

19.3 Land Description and Registration

19.4 Boundaries and Surveys

19.4.1 (a) Legal descriptions, including the area, of each parcel agreed upon in land selection shall be prepared by Canada and approved by the Sahtu Tribal Council. Approval of the legal descriptions of parcels shall be confirmation that the parties agree the parcels described are the ones selected and the area calculations are satisfactory.

(b) The legal description may specify features which the parties agree should be enclosed within or excluded from a parcel of Sahtu lands. Where any subsequent legal survey of the land indicates that the coordinates set out in the legal description failed to enclose or exclude, as the case may be, the feature intended to be enclosed or excluded, the legal description shall be amended to so enclose or exclude that feature.

(c) The boundaries of Sahtu lands shall be surveyed when the Sahtu Tribal Council and government agree that such surveys are required, or to avoid or resolve conflicts with another title or interest holder, and may otherwise be surveyed at government's discretion.

(d) Sahtu lands set out in schedules IV and XVI of appendix E shall be surveyed.

19.4.2 (a) Boundary surveys shall be conducted, and monuments placed, in accordance with the instructions of the Surveyor General and the Canada Lands Survey Act, R.S. 1985, c. L-6.

(b) The Government of Canada shall be responsible for the cost of the legal surveys conducted pursuant to 19.4.1(c) and (d) to define the boundaries of Sahtu lands provided that this provision shall not prevent government from levying charges in respect of such surveys on any person whose lands abut Sahtu lands.

(c) Subject to (b), the Sahtu Tribal Council shall be responsible for the cost of surveys associated with the leasing and subdivision of Sahtu lands.

(d) The boundaries of settlement lands shall be described with reference to geographical features and latitude and longitude based upon North American Datum 1927 as shown on National Topographic Survey Maps at 1:50,000 scale, where available, or at 1:250,000 scale. The boundaries of Sahtu municipal lands shall be described with reference to features shown on the maps provided pursuant to 4.1 (b) and (d) of appendix C. To the extent possible, the descriptions shall refer to existing monumentation.

(e) The boundaries of Sahtu lands may be defined by existing legal surveys and natural and artificial boundaries including offset boundaries and rights of way but shall, where appropriate, be defined by existing boundary surveys and survey traverses or by reference to natural features such as banks of rivers and lakes and well-defined heights of land.

(f) Natural boundaries at any instant correspond to the position of the designated natural feature as it exists at that instant. The position of the natural boundaries changes with the movements of the natural features as long as these movements are gradual and imperceptible from moment to moment. Offset natural boundaries also move according to the natural movement of the natural features.

(g) Where a natural boundary is a height of land which is subsequently found to be not well-defined, the Surveyor General shall have the authority to place a series of monuments, approximating the mean position of the height of land, to be the boundary.

(h) Maps of the portions of a right of way that are used as the boundary of Sahtu lands shall be filed with the Surveyor General. Those portions of the right of way used as a boundary shall be surveyed.

(i) Those portions of seismic lines used as boundaries and other artificial boundaries of Sahtu lands shall be monumented sufficiently, as determined by the Surveyor General, to define their location.

(j) Natural boundaries shall be photographed where, as determined by the Surveyor General after consultation with the Sahtu Tribal Council, such boundaries are susceptible to movements which are not gradual and imperceptible from moment to moment.

19.5 Administration of Interests

19.5.1 Any royalties or non-refunded rents accruing to and received by government after the date of this agreement in respect of an interest in land which continues on Sahtu land shall be accounted for by government and an equal amount paid to the designated Sahtu organization as soon as practicable after the date of settlement legislation.

19.5.2 Where lands to which the designated Sahtu organization receives title pursuant to 19.1.2(b) are subject to a mineral interest existing at the date of settlement legislation:

1. government shall continue to administer such interest including the granting of and administration of renewals, replacements, extensions of term or transfers thereof in accordance with applicable legislation as if the interest were on Crown lands until such time as the interest ceases to exist;
2. government shall notify the designated Sahtu organization of any change in such interest which affects the designated Sahtu organization as title-holder; and
3. after the date of settlement legislation, any royalties or non-refunded rents accruing to and received by government from the holder of a mineral interest shall be accounted for by government and an equal amount paid to the designated Sahtu organization as soon as practicable from time to time.

19.5.3 Amounts received by government described in 19.5.1 and 19.5.2(c) or a similar provision in other comprehensive land claim agreements in the Mackenzie Valley shall not be calculated as amounts received by government for the purpose of 10.1.2.

19.5.4 Government shall be under no fiduciary obligation to the participants in respect of its administration of mineral interests apart from its obligation to account in 19.5.2(c). In particular, government may, subject to 10.1.3, set royalties, rents and other charges and make other discretionary decisions on the basis of government's resource management policy.

21.1 General

21.1.1 In this chapter,

"Sahtu lands" means settlement lands and parcels of Sahtu municipal lands which are larger than four hectares and which are not developed Sahtu municipal lands as defined in 23.4.1.

21.1.2 Except as provided in this chapter, persons who are not participants may only enter, cross or stay on Sahtu lands and waters overlying such lands with the agreement of the designated Sahtu organization. Any person, other than a person exercising rights pursuant to 21.3.1 or 21.3.3, who contravenes any provision of this chapter shall be considered to be a trespasser.

21.1.3 Access of persons who are not participants to or across:

1. parcels of developed Sahtu municipal lands,
2. parcels of Sahtu municipal lands which are not larger than four hectares and which are not developed Sahtu municipal lands, or
3. waters overlying land in (a) and (b),

is governed only by laws of general application.

21.1.4 Unless otherwise provided in an agreement with the designated Sahtu organization, the exercise of access provided in 21.2, 21.3.1, 21.4.2, 21.4.3, 21.4.5 and 21.4.6(b) is subject to the following conditions:

1. there be no significant damage to Sahtu lands, and the user shall be responsible for any such damage;
2. there be no mischief committed on Sahtu lands; and
3. there be no significant interference with participants' use of and peaceable enjoyment of Sahtu lands.

21.1.5 Unless otherwise provided in an agreement with the designated Sahtu organization, persons using a right of access to or across Sahtu lands and waters overlying such lands do so at their own risk and have no right of action against the designated Sahtu organization or the participants for loss suffered or damage arising therefrom.

21.1.6 Unless otherwise provided by legislation enacted after consultation with the designated Sahtu organization, there shall be no fee or charge attached to the exercise of access provided in 21.2, 21.3.1, 21.3.5, 21.3.6, 21.4.1(a), 21.4.2, 21.4.3, 21.4.5 and 21.4.6(b).

21.1.7 (a) The designated Sahtu organization may propose terms and conditions, other than fees or charges, for the exercise of access pursuant to 21.2, 21.3.1, 21.4.2 or 21.4.3, in accordance with the following:

1. the designated Sahtu organization shall consult with government and attempt to reach agreement on the proposed terms and conditions,
2. if agreement cannot be reached, the designated Sahtu organization or the government may refer the matter to arbitration pursuant to chapter 6, and
3. conditions may not be imposed in relation to law enforcement or inspections authorized by law,

but may not otherwise establish terms or conditions for the exercise of access rights pursuant to this chapter. This provision is not intended to restrict the establishment of any terms and conditions agreed to by a person to whom such terms or conditions would apply.

(b) Terms and conditions pursuant to (a) may include the identification of areas, locations, seasons or times in respect of which such access is restricted by reason of the protection of the environment; conflict with harvesting by the participants or other uses of land by the participants; conservation of wildlife and wildlife habitat; protection of Sahtu communities and camps; and requirements for notice or registration by persons exercising such access.

21.1.8 Any person may enter and stay on Sahtu lands and waters overlying such lands without prior notice in an emergency.

21.1.9 The rights provided in this chapter for persons who are not participants are subject to legislation.

21.1.10 Where a person has a right of access pursuant to more than one provision in this chapter, that person may have access pursuant to the least restrictive applicable provision.

21.1.11 Subject to restrictions that may be imposed pursuant to this agreement or by legislation, a person may exercise a right of access by any mode of transport.

21.1.12 Subject to the expropriation provisions of this agreement, any access route across Sahtu land which may be established or improved after the date of settlement legislation shall, unless the designated Sahtu organization agrees, remain settlement land and shall not be a highway or public road, by operation of law or otherwise.

21.2 Public Access

21.2.1 (a) Members of the public have the right to use:

1. navigable rivers and other navigable waters that can be entered from such rivers where such waters overlie Sahtu lands;
2. portages on Sahtu lands associated with navigable rivers and other navigable waters that can be entered from such rivers; and
3. waterfront lands within Sahtu lands associated with navigable rivers and other navigable waters that can be entered from such rivers, for travel by water or for recreation, but these rights do not include the right to harvest wildlife except in accordance with 21.2.2 or to engage in any commercial activity or to establish any permanent or seasonal camp or structure on the lands to which such rights apply, or to travel by motorized vehicle on such waterfront lands.

(b) Locations where the rights of access in (a) (ii) and (iii) are restricted are set out in schedule VIII of appendix E.

21.2.2 (a) Members of the public may fish in navigable waters overlying Sahtu lands identified in schedule IX, appendix E, and may have access to these waters and to the associated waterfront lands to exercise this right. Members of the public may use the portages and waterfront lands identified in schedule IX, appendix E, to exercise a right to fish.

(b) Members of the public may hunt migratory game birds in navigable waters overlying Sahtu lands identified in schedule X, appendix E, and may have access to these waters and to the associated waterfront lands to exercise this right. Members of the public may use the portages and waterfront lands identified in schedule appendix E, to exercise a right to hunt migratory game birds.

(c) The rights in (a) and (b) do not include the right to engage in any commercial activity or to establish any permanent or seasonal camp or structure on the lands to which such rights apply.

21.2.3 (a) Members of the public may cross Sahtu lands and waters overlying such lands to exercise a right, interest, or privilege on adjacent lands or waters, such as to go to or from their place of work or to or from a place of recreation. Where practicable, such crossings shall take place either on routes designated by the local designated Sahtu organization or upon prior notice to it.

(b) Where any person has a right, title or interest in lands which are, or are surrounded by, Sahtu lands as of either the date of land withdrawal following land selection or the date of transfer of land where no prior withdrawal takes place, such right, title or interest shall include a right of access across Sahtu lands and waters overlying such lands to allow the continued use of the right, title or interest.

21.2.4 With the agreement of the Sahtu Tribal Council, persons conducting research may enter, cross and stay on Sahtu lands for a reasonable time to conduct research.

21.3 Government Access

21.3.1 Agents, employees, contractors of government and members of the Canadian Armed Forces shall have the right to enter, cross and stay on Sahtu lands and waters overlying such lands and to use natural resources incidental to such access to deliver and manage government programs and services, to carry out inspections pursuant to law and to enforce laws. Government shall give prior notice of such access to the designated Sahtu organization when, in the opinion of government, it is reasonable to do so.

21.3.2 If government requires the continuous use or occupancy of Sahtu lands for more than two years, such use or occupancy shall be on terms negotiated between government and the designated Sahtu organization. Failing agreement on the terms, the matter shall be referred to arbitration pursuant to the provisions of chapter 6.

21.3.3 (a) In addition to access provided by 21.3.1, the Department of National Defence and the Canadian Armed Forces may have access to Sahtu lands and waters overlying such lands for military manoeuvres after the negotiation of an agreement with respect to contact persons, areas, timing, land use rent, compensation for damages caused to lands or property, and any other matter. If an agreement is not reached, the parties may refer the matter of the terms of the agreement to arbitration pursuant to chapter 6.

(b) Nothing in (a) is intended to limit the authority of the Minister of National Defence pursuant to s.257 of the National Defence Act, R.S. 1985, c. N-5.

21.3.4 Government shall give reasonable advance notice of military exercises or operations to local inhabitants of any area to be affected in the settlement area.

21.3.5 Notwithstanding 21.3.2, government may establish, on Sahtu lands, after consultation with the Sahtu Tribal Council prior to the start of a navigation season, navigational aids and safety devices along the shorelines of navigable waters provided that the area occupied by each such navigational aid or safety device shall not exceed:

1. two hectares, for range markers and buoy transits; and
2. 30.48 metres by 30.48 metres, for single beacons.

21.3.6 (a) Any person authorized by legislation to provide to the public electrical power, telecommunications services or similar public utilities, not to include pipelines for the transmission of hydrocarbons, shall have access to Sahtu lands and waters overlying such lands to carry out assessments, surveys and studies in relation to proposed services. Such persons shall consult with the designated Sahtu organization prior to exercising such access.

(b) Where access under (a) results in damage to Sahtu lands or interference with the use of and peaceable enjoyment of Sahtu lands by the participants, such person shall compensate the participants in an amount agreed to by that person and the designated Sahtu organization or, failing such agreement, in an amount determined by the Surface Rights Board.

(c) Where an interest in Sahtu lands is required by a person described in (a), such interest shall, in the absence of an agreement with the participants, be acquired pursuant to the expropriation provisions of chapter 24.

21.4 Commercial Access

21.4.1 (a) Notwithstanding any other provision of the agreement, where any person, as of either the date of land withdrawal following land selection or the date of transfer of land where no prior withdrawal takes place, has an existing right to use or operate on lands which become Sahtu lands or on waters overlying such lands, including land use permits, licences or other rights of access to or across such lands or waters, such right shall continue and shall include any associated benefits and privileges, including:

1. such renewals, replacements and transfers as might have been granted or permitted had the lands not become Sahtu lands; and
2. the ability of employees and clients of such existing rights-holders to exercise such rights as may be necessary to permit such existing rights-holders to continue to use or operate on Sahtu lands or waters overlying Sahtu lands.

(b) Nothing in (a) is intended to affect the discretion of government to grant or refuse the renewal, replacement, extension of term or transfer of any such right.

(c) Any amendment to an existing right described in (a) other than a renewal, replacement, extension of term or transfer of such existing right shall require the agreement of the designated Sahtu organization or, failing such agreement, an order of the Surface Rights Board.

(d) For greater certainty, the rights provided in (a) are subject to any access agreement that the participants and a rights-holder may enter into.

21.4.2 (a) Any person has the right to use, in the course of conducting a commercial activity:

1. navigable rivers and other navigable waters that can be entered from such rivers where such waters overlie Sahtu lands;
2. portages on Sahtu lands associated with navigable rivers and other navigable waters that can be entered from such rivers; and
3. waterfront lands within Sahtu lands, associated with navigable rivers and other navigable waters that can be entered from such rivers;

for travel by water.

(b) The rights specified in (a) must be exercised using the most direct route and by minimizing use of the portages and waterfront lands in (a).

(c) The rights specified in (a) (ii) and (iii) are subject to the conditions that:

1. prior notice be given to the designated Sahtu organization;
2. no permanent or seasonal camp or structure be established on lands to which such rights apply;
3. there be no significant alteration or damage to the lands to which such rights apply; and
4. no commercial activity, other than such activity as is necessarily incidental to travel, be conducted on the lands to which such rights apply.

(d) If any person is unable to comply with the conditions in (b), (c), or 21.1.4, the rights in (a) may only be exercised with the agreement of the designated Sahtu organization, or failing such agreement, an order of the Surface Rights Board.

(e) Locations where the rights of access in (a)(ii) and (iii) are restricted are set out in schedule XIII, appendix E.

21.4.3 Any person who requires access across Sahtu lands and waters overlying such lands to reach adjacent lands or waters for commercial purposes has a right to such access provided that:

1. the access is of a casual and insignificant nature and prior notice is given to the designated Sahtu organization; or
2. the route used is recognized and being used for such access on a regular basis, whether year round or intermittently, prior to either the date of land withdrawal following land selection or the date of transfer of land where no prior withdrawal takes place, and there is no significant alteration in the use of the route.

21.4.4 (a) Any person who reasonably requires access across Sahtu lands and waters overlying such lands to reach adjacent lands or waters for a commercial purpose has a right to such access with the agreement of the designated Sahtu organization or, failing such agreement, an order of the Surface Rights Board.

(b) Nothwithstanding 27.2.1(b), the Surface Rights Board shall not make an order under (a) unless it is satisfied that such access is reasonably required. The Board shall ensure that any access is by a suitable route least harmful to participants.

21.4.5 Notwithstanding 21.4.2, any person licensed to conduct a commercial fishing operation on waters overlying or adjacent to Sahtu lands has a right of access to the waterfront lands on Sahtu lands for tying up vessels or attaching nets and has such right of access to waters overlying Sahtu lands as is required to conduct such commercial fishing operation.

21.4.6 (a) Subject to (b), any person having a right to explore, develop or produce minerals under or on Sahtu lands has a right of access to Sahtu lands and waters overlying such lands for the purposes of exploring, developing, producing or transporting minerals with the agreement of the designated Sahtu organization or, failing such agreement, an order of the Surface Rights Board.

(b) Notwithstanding 21.4.1, persons having a right to prospect for minerals and to locate claims and who do not require a land use permit or a water licence for the exercise of such rights, shall have access to Sahtu lands described in 19.1.2(a) and waters overlying such lands provided that:

1. notice, including such person's address, shall be given to the designated Sahtu organization at least seven days prior to entry on such Sahtu lands; and
2. such notice shall specify the National Topographic System map sheet (1:50,000 scale) which includes the Sahtu lands to which access is required.

21.4.7 In 21.4.1 to 21.4.6, "any person" includes government and "commercial purposes" includes the exploration for and development, production and transportation of minerals.

22.1 General

22.1.1 In this chapter,

"development" means the stage after a decision to go into production has been made, but before actual production commences; and

"production" means the removal and taking ownership of minerals other than for assay or testing purposes.

22.1.2 Prior to opening any lands in the settlement area for oil and gas exploration, government shall notify the Sahtu Tribal Council, provide it with an opportunity to present its views to government on the matter, including benefits plans and other terms and conditions to be attached to rights issuance, and consider such views.

22.1.3 Before any oil and gas exploration takes place, the person proposing to explore and the Sahtu Tribal Council shall consult on the exercise of the person's exploration rights with respect to the matters listed in (a) to (h) below. Similar consultations shall be held before the exercise of a developer's rights to develop or produce:

1. environmental impact of the activity and mitigative measures;
2. impact on wildlife harvesting and mitigative measures;
3. location of camps and facilities and other related site specific planning concerns;
4. maintenance of public order including liquor and drug control;
5. employment of participants, business opportunities and contracts, training orientation and counselling for employees who are participants, working conditions and terms of employment;
6. expansion or termination of activities;
7. a process for future consultations; and
8. any other matter of importance to the participants or the person.

Such consultations are not intended to result in any obligations in addition to those required by legislation.

22.1.4 Any person who proposes to explore for minerals other than oil and gas and who requires a land use permit or water licence shall consult the Sahtu Tribal Council as provided in 22.1.3.

22.1.5 Similar consultations shall be held before the exercise of a developer's right to develop or produce minerals other than oil and gas.

22.1.6 The Government of the Northwest Territories shall involve the participants in the development and implementation of any Northern Accord on oil and gas development in the Northwest Territories which is negotiated pursuant to the enabling agreement, dated September 5, 1988, between Canada and the Government of the Northwest Territories, or any other agreement under which jurisdiction over minerals may be transferred from the Government of Canada to the Government of the Northwest Territories.

22.1.7 Government agrees to consult the Sahtu Tribal Council in relation to any proposed legislation which affects only the Northwest Territories or only Yukon and the Northwest Territories and which:

1. regulates the exploration, development or production of subsurface resources in the settlement area; or
2. establishes requirements for subsurface rights issuance in relation to subsurface resources in the settlement area.

22.2 Interim Measure

22.2.1 (a) Prior to the transfer of jurisdiction described in 22.1.6, any person who proposes to explore for, develop or produce oil and gas on Sahtu lands described in 19.1.2(a) shall, in addition to any other obligations under this agreement, submit a benefits plan to the Minister of Indian Affairs and Northern Development for approval.

(b) The Minister of Indian Affairs and Northern Development may require that the benefits plan in (a) contain provisions to ensure access to training and employment opportunities and to facilitate participation by the participants in the supply of goods and services.

(c) Any person who proposes to explore for, develop or produce oil and gas on Sahtu lands described in 19.1.2(a) shall consult the Sahtu Tribal Council prior to the submission and during the implementation of the benefits plan.

22.2.2 The obligations in 22.2.1 shall remain in effect until the Government of the Northwest Territories enacts legislation with respect to benefits from oil and gas activities on the Sahtu lands referred to in 19.1.2(a).

22.2.3 Government shall consult the Sahtu Tribal Council in the preparation of any policies or legislation to implement 22.2.1.

23.1 Objectives

23.1.1 The objectives of this chapter are:

1. to provide the participants with land within local government boundaries for residential, commercial, industrial and traditional purposes;
2. to ensure that Sahtu municipal lands will have legal characteristics similar to other privately owned lands within municipalities;
3. to ensure that local governments maintain adequate land for public infrastructure requirements and for residential, commercial, industrial and recreational purposes;
4. to ensure that municipal growth occurs in a timely, logical and cost-effective manner, through negotiations between the participants and territorial or local governments; and
5. to allow for the establishment of new local governments and for the development and change of status of local governments.

23.2 General Provisions

23.2.1 (a) Government and the participants have agreed to the selection of Sahtu municipal lands pursuant to the process set out in appendix C. Such municipal lands are set out in schedules XV and XVI of appendix E. Where there is any change to the extent or location of Sahtu municipal lands pursuant to this agreement, schedules XV and XVI shall be amended to reflect this change and such change shall not be considered to be an amendment to the agreement.

(b) Sahtu municipal lands shall be held in fee simple reserving therefrom the mines and minerals, whether solid, liquid or gaseous that may be found to exist within, upon or under such lands and the right to work the same, subject to any rights, titles or interests in the lands existing at the date of settlement legislation.

(c) Sahtu municipal lands shall be held subject to the provisions of this chapter.

23.2.2 Sahtu municipal lands may be conveyed to a participant or any other person and thereupon cease to be Sahtu lands.

23.2.3 Nothing in this agreement is intended to prejudice the authority and jurisdiction of local governments or to interfere with their political development.

23.2.4 Following the date of settlement legislation, Canada may revoke the reservation by notation in the lands records of the Department of Indian Affairs and Northern Development of lands reserved in the name of the Indian Affairs Branch for Indian housing within the local government boundaries.

23.3 Acquisition of Sahtu Municipal Land for Public Purposes

23.3.1 Sahtu municipal lands may be acquired by means of:

1. expropriation in accordance with legislation in respect of expropriation, provided that the requirements specified in 24.1.4 and 24.1.6 shall apply to any such expropriation; or
2. the process specified in 23.3.2, 23.3.3 and 23.3.4.

23.3.2 Sahtu municipal lands may be made available to local governments for the purpose of public road and utility corridors which will be of general advantage to the community. To this end, a designated Sahtu organization shall enter into negotiations with a local government which proposes to acquire Sahtu municipal lands for public roads or utility corridors.

23.3.3 Such negotiations shall proceed on the basis that any lands so acquired by the local government shall be without cost to the local government provided that:

1. the total lands so acquired from any parcel do not exceed 10 percent of the area of that parcel of Sahtu municipal lands;
2. the negotiations will only apply to parcels of Sahtu municipal lands which are each in excess of two hectares in area;
3. improvements on the land will be paid for at fair market value;
4. the interests of participants are taken into account in relation to the extent and location of the lands to be acquired; and
5. the local government will not acquire the lands by expropriation regardless of the outcome of negotiations.

23.3.4 If a negotiated solution as described in 23.3.2 and 23.3.3 is not possible, and a local government determines that nevertheless the acquisition of such lands is essential to the public interest, the local government may refer the matter to arbitration pursuant to chapter 6. The jurisdiction of the arbitrator shall be limited to a consideration of the necessity of the acquisition, the extent and location of the lands to be acquired by the local government and the value of improvements.

23.4 Real Property Taxation

23.4.1 In 23.4,

"developed Sahtu municipal lands" means all Sahtu lands and improvements thereon which are assessable real property within local government boundaries, as defined in the Property Assessment and Taxation Act, R.S.N.W.T. 1988, c. P-10, except for lands which have no improvements and are not serviced;

"serviced lands" are:

1. lands within a planned and approved subdivision and which are available for development; or
2. lands which are connected to or receiving local government services;

"improvements" do not include improvements which are used primarily for wildlife harvesting or other traditional purposes, including trapping cabins, camps and tent frames; and

"real property taxation" means any tax, levy or charge, or other assessment against lands for local government services or improvements.

23.4.2 Developed Sahtu municipal lands are subject to real property taxation in accordance with legislation. Other Sahtu municipal lands are not subject to any real property taxation by the federal, territorial or local government.

23.4.3 Should a participant or other person who occupies Sahtu municipal lands fail to pay real property taxes levied against such participant or other person in respect of such lands when such taxes are in arrears for a period of one year or more, the designated Sahtu organization which holds title shall be liable to pay such taxes after notice from the local government.

23.4.4 (a) To assist in the post settlement transition, the Government of Canada agrees to pay to local governments any real property taxes levied for 15 years from the date of settlement legislation in respect of Sahtu municipal lands which,

1. prior to the date of this agreement, were lands noted within the lands records of the Department of Indian Affairs and Northern Development as reserved in the name of the Indian Affairs Branch for Indian housing; or
2. were lands intended to replace such lands in (i) as were unavailable for selection and which were identified for this purpose at the time of land selection.

(b) During the 15-year period in (a), Canada shall have the same rights in respect of any assessment of taxes as a property owner.

(c) Schedule XIV of appendix E is a complete list of the lands referred to in (a).

23.4.5 Any participant who owns and occupies a residence on Sahtu municipal lands shall be eligible to apply for a property tax rebate pursuant to the Home Owners Property Tax Rebate Act, R.S.N.W.T. 1988, c. H-4, notwithstanding that title to the land is held by a designated Sahtu organization.

23.5 Changes in Municipal Boundaries

23.5.1 Prior to any change in a local government boundary the Government of the Northwest Territories shall consult with a designated Sahtu organization.

23.5.2 (a) Where there is a demonstrated need to change the boundary of a local government, and where such change will include Sahtu lands, the location of the new boundary shall be negotiated by the Government of the Northwest Territories and the designated Sahtu organization.

(b) Negotiation may include terms and conditions under which Sahtu lands will be included within a local government boundary.

(c) In negotiating the change of a local government boundary to include Sahtu lands, government and the designated Sahtu organization shall take into consideration the following factors:

1. any cultural, economic or other special value of the lands to the participants;
2. the need of the participants to maintain land for traditional purposes or to maintain a traditional lifestyle;
3. any arrangements for management or self-government affecting Sahtu lands;
4. the requirements of the local government for a change in its boundary; and
5. any other factor deemed relevant by the negotiators.

(d) Where the Government of the Northwest Territories and the designated Sahtu organization fail to reach agreement within 120 days, either party may refer the matter to arbitration pursuant to chapter 6.

23.5.3 Once a new local government boundary is established, Sahtu lands within the boundary shall have the status of Sahtu municipal lands and Sahtu lands beyond the boundary shall have the status of settlement lands.

23.6 Change in Status

23.6.1 A local government may apply to the Government of the Northwest Territories to change its status pursuant to territorial legislation in respect of local governments to a settlement corporation, a charter community, hamlet, village, town or city with the consent of its residents.

23.7 New Local Governments

23.7.1 Where a new local government is proposed which would include Sahtu lands, the designation and establishment of such local governments shall be by way of negotiation and agreement between the Government of the Northwest Territories and the Sahtu Tribal Council.

23.8 Existing Local Governments

23.8.1 The following are local governments for the purposes of this chapter:

The Settlement of Fort Good Hope

The Settlement of Colville Lake

The Hamlet of Déline

The Hamlet of Fort Norman

The Town of Norman Wells

25.1 General

25.1.1 The following principles apply to this chapter:

1. an integrated system of land and water management should apply to the Mackenzie Valley;
2. the regulation of land and water in the settlement area and in adjacent areas should be co-ordinated; and
3. government shall retain the ultimate jurisdiction for the regulation of land and water.

25.1.2 (a) The process of establishing new national parks and national historic parks and sites shall be subject to the land use planning and environmental impact assessment and review provisions of this chapter. The provisions of this chapter with respect to land use planning and the regulation of land and water use shall not apply to national parks and national historic parks and sites administered by the Canadian Parks Service.

(b) The environmental impact assessment and review provisions of this chapter shall apply to development proposals in national parks, national park reserves and national historic parks and sites.

(c) Legislation shall provide for co-ordination of the activities of the Land Use Planning Board ("the Planning Board"), the Environmental Impact Review Board ("the Review Board") and the Land and Water Board with the management of national parks and with the activities of bodies to be established pursuant to chapter 16, and with the management of national historic parks and sites and with the activities of bodies to be established pursuant to chapter 17.

25.1.3 (a) The Planning Board described in 25.2 and the Land and Water Board described in 25.4 shall be established as institutions of public government by legislation, not later than two years after the date of settlement legislation, which shall implement the provisions of this chapter and may provide for any other matter consistent with this chapter.

(b) The costs of the Planning Board, the Review Board and the Land and Water Board shall be the responsibility of government. Each board shall prepare an annual budget, subject to review and approval by government.

(c) Legislation shall provide for the co-ordination of the activities of the Planning Board, the Review Board, the Land and Water Board, the Renewable Resources Board and the Surface Rights Board.

(d) Legislation may provide for the reallocation of functions among the Planning Board, the Review Board and the Land and Water Board, provided that:

1. environmental assessment and review shall remain with the Review Board as set out in 25.3; and
2. the Sahtu Tribal Council shall be consulted during the drafting of any such legislation.

(e) The Planning Board, the Review Board and the Land and Water Board may establish their own rules of procedure in accordance with legislation.

(f) The Planning Board, the Review Board and the Land and Water Board shall have, subject to their approved budgets, such staff, professional and technical advisors as are necessary for the proper conduct of their affairs and the boards may determine, where appropriate, to share such staff or advisors among the boards.

(g) All information in the possession of a government department or agency relevant to a matter before the Planning Board, the Review Board or the Land and Water Board shall be provided, upon request, to such board.

(h) Subject to any quorum requirements set out in legislation, a vacancy in the membership of a board does not impair the right of the remainder to act.

25.1.4 (a) The legislation implementing the provisions of this chapter shall provide for a method of monitoring the cumulative impact of land and water uses on the environment in the Mackenzie Valley, and for periodic, independent, environmental audits which shall be made public.

(b) If any board or similar body is established by such legislation to carry out the monitoring and audit functions referred to in (a) in the settlement area, the participants shall be entitled to a meaningful role in such board or agency to be set out in legislation, after consultation with the Sahtu Tribal Council.

(c) If the monitoring or environmental audit functions referred to in (a) are carried out in the settlement area by a department of government, the department shall do so in consultation with the Sahtu Tribal Council.

25.1.5 Where the Planning Board, the Review Board or the Land and Water Board has the authority to enter into contracts or similar arrangements, the Sahtu Tribal Council shall not be disqualified from entering into such contracts or arrangements solely by virtue of the presence of nominees of the Sahtu Tribal Council on the board.

25.1.6 Where the Planning Board, the Review Board or the Land and Water Board is required to make a decision which may affect an area which is being used by aboriginal persons who are party to an adjacent comprehensive land claim agreement in the Northwest Territories, the aboriginal party to the adjacent comprehensive land claim agreement shall have the right to have representation on the board. Each board shall determine how to implement this provision provided that the proportional representation of aboriginal groups and government, not including the chairperson, be maintained.

25.2 Land Use Planning

25.2.1 The Planning Board shall have jurisdiction, in accordance with the provisions of this agreement, for developing a land use plan for the settlement area and for reviewing and proposing approvals, exceptions and amendments to the plan. The Planning Board shall have regard to any land use plan preparation work undertaken in the settlement area prior to the date of establishment of the Planning Board.

25.2.2 The Planning Board shall have equal membership from nominees of the Sahtu Tribal Council and of government, not including the chairperson.

25.2.3 The head office of the Planning Board shall be in the settlement area.

25.2.4 The following principles shall guide land use planning in the settlement area:

1. the purpose of land use planning is to protect and promote the existing and future well-being of the residents and communities of the settlement area having regard to the interests of all Canadians;
2. special attention shall be devoted to:
   1. protecting and promoting the existing and future social, cultural and economic well-being of the participants;
   2. lands used by participants for harvesting and other uses of resources; and
   3. the rights of participants under this agreement;
3. water resources planning is an integral part of land use planning;
4. land use planning shall directly involve communities and designated Sahtu organizations; and
5. the plan developed through the planning process shall provide for the conservation, development and utilization of land, resources and waters.

25.2.5 Land use planning within local government boundaries shall be the responsibility of the local or territorial government. The local or territorial government shall consult with the relevant Sahtu community in the development of a community plan.

25.2.6 The participants may prepare a land use plan or plans for settlement lands in the settlement area which shall be considered by the Planning Board.

25.2.7 Any person may apply to the Planning Board for an exception or amendment to the plan to allow a proposed use.

25.2.8 Decisions of the Planning Board in respect of the land use plan shall be subject to approval by government in a manner to be provided in legislation.

25.2.9 Upon approval of a land use plan, those authorities with jurisdiction to grant licences, permits, leases or interests relating to the use of land and water in the settlement area shall conduct their activities and operations in accordance with the plan.

25.2.10 The Planning Board may liaise and co-ordinate its plan, or co-operate in land use planning, with the appropriate land-use planning bodies in adjacent regions, including the Inuvialuit Settlement Region, the Gwich'in Settlement Area and the Nunavut Settlement Area. Any co-operative land use plans shall be subject to approval by government in a manner to be provided in legislation.

25.3 Environmental Impact Assessment and Review

25.3.1 All development proposals in the Mackenzie Valley, including development proposals in relation to Sahtu lands, shall be subject to the process of environmental impact assessment and review as set out in 25.3.

25.3.2 (a) For the purposes of this agreement, the Environmental Impact Review Board ("the Review Board") established by legislation to implement the environmental impact and review provisions of the Gwich'in agreement shall be the Review Board referred to in this agreement.

(b) The Review Board shall have equal membership from nominees of aboriginal groups and of government, not including the chairperson. No less than one member of the Board shall be a nominee of the Sahtu Tribal Council.

25.3.3 (a) Legislation may provide

1. for development proposals or classes thereof which are exempt from the process of environmental impact assessment and for the amendment of any such exemptions; and
2. for a preliminary screening of development proposals by any government department or board, in order to determine whether any assessment is required.

(b) Legislation shall provide that a development proposal which would otherwise be exempt from assessment may be assessed if, in the opinion of the Review Board, it is considered to be of special environmental concern by reason of its cumulative effects or otherwise.

25.3.4 A development proposal in the settlement area or which may impact upon the settlement area may be referred for assessment to the Review Board by the Sahtu Tribal Council or any governmental authority, and by the Review Board on its own motion.

25.3.5 (a) Subject to 25.3.3(a), a development proposal shall be assessed by the Review Board in order to determine whether the proposed development will likely have a significant adverse impact on the environment or will likely be a cause of significant public concern. In making its determination the Review Board may consider terms and conditions to the proposed development which would prevent significant adverse impact on the environment and may recommend the imposition of such terms and conditions to the Minister. Such terms and conditions shall be subject to review pursuant to 25.3.14.

(b) Where the Review Board determines that the proposed development will likely have a significant adverse impact on the environment or will likely be a cause of significant public concern, the Review Board shall determine that the proposed development be subject to an environmental impact review.

(c) No licence or approval that would have the effect of permitting a development proposal to proceed shall be issued in respect of the proposal until the processes referred to in (a) and (b), and 25.3.7 or 25.3.8 have been completed.

25.3.6 Notwithstanding a determination by the Review Board that a review is not required, the Minister may direct that an environmental impact review be conducted.

25.3.7 (a) Where the Review Board determines that a development proposal wholly within the Mackenzie Valley should be subject to an environmental impact review, or where the Minister issues a direction under 25.3.6 in respect of a development proposal wholly within the Mackenzie Valley, the review shall be conducted, subject to 25.3.8, by a panel of the Review Board.

(b) The Review Board panel may include persons appointed by the Review Board because of their special expertise.

(c) When the Review Board conducts a review, the Sahtu Tribal Council shall be entitled to nominate members of the Review Board panel, as follows:

1. 50 percent of the members, not including the chairperson, where the Review Board has determined that the likely significant adverse impact or likely cause of significant public concern is wholly within the settlement area;
2. where the Review Board has determined that the likely significant adverse impact or likely cause of significant public concern is predominantly within the settlement area, that number which together with the number of members, if any, entitled to be nominated by any other aboriginal groups pursuant to comprehensive land claim agreements, shall constitute 50 percent of the members, not including the chairperson, provided that in no event shall the Sahtu Tribal Council be entitled to nominate less than two members; or
3. in all other cases, where the Review Board has determined that the impact of a development proposal is partially within the settlement area, one member.

25.3.8 (a) Where a public review of a development proposal wholly within the Mackenzie Valley is to be conducted pursuant to the Canadian Environmental Assessment Act, S.C. 1991-1992 (3rd Sess.), c.37, the Canadian Environmental Assessment Agency (CEAA) and the Review Board shall consult and shall establish a joint review panel in lieu of separate review panels.

(b) The provisions of 25.3.7(c) shall not apply to the selection of Review Board nominees to the joint review panel.

(c) The joint review panel shall produce a report and recommendations which shall be submitted to the Ministers concerned.

25.3.9 Where a public review of a development proposal which overlaps the settlement area and an adjacent area is to be conducted pursuant to the Canadian Environmental Assessment Act, S.C. 1991-1992 (3rd Sess.), c.37, nominees put forward by the relevant aboriginal group or groups, including the Sahtu Tribal Council, shall be no less than one quarter of the members of the CEAA panel, not including the chairperson.

25.3.10 The members of the Review Board or any review panel shall be free of any conflict of interest relative to the development proposal; however, no member shall be disqualified solely on the ground of being a participant.

25.3.11 Legislation shall provide the Review Board with the power to subpoena witnesses and documents in carrying out its responsibilities.

25.3.12 An environmental impact review shall have regard to:

1. the protection of the existing and future economic, social and cultural well-being of the residents and communities in the Mackenzie Valley;
2. the protection of the environment from significant adverse impact from the proposed development; and
3. in cases where the proposed development will likely result in a significant adverse impact on the environment, the need for mitigative or remedial measures.

25.3.13 An environmental impact review shall include:

1. the submission by the proponent of an impact statement in accordance with any guidelines established by the Review Board or the panel;
2. such analysis by the Review Board or the panel as is considered appropriate;
3. public consultation or hearings in affected communities; and
4. a report resulting from the review to the Minister with a recommendation that a development proposal be approved, with or without conditions, or rejected.

25.3.14 (a) The Minister shall consider the report and recommendation of the Review Board under 25.3.5(a) or 25.3.13(d) or of the joint review panel under 25.3.8.

(b) In the case of the Review Board, the Minister may accept the recommendation, may refer the recommendation back for further consideration or, after consulting with the Review Board, accept with modifications or reject the recommendation.

(c) In the case of a joint review panel, the Minister may accept the recommendation, accept it with modifications or reject the recommendation.

(d) The Minister may consider information not before the Review Board or the joint review panel, and matters of public interest not considered by the Review Board or the joint review panel. Any new facts bearing on the environmental impact of the development proposal considered by the Minister shall be identified by the Minister in consultation with the Review Board.

25.3.15 Written reasons, which shall be public, shall be given for all decisions and recommendations under 25.3.

25.3.16 Except in the case of an agency described in 25.3.17, any decision of the Minister pursuant to 25.3.14 shall be implemented by the Land and Water Board and by each department and agency of government responsible for issuing a licence, permit or other authorization in respect of the development proposal to the extent of the legislative authority of each department and agency.

25.3.17 (a) Where the report described in 25.3.13(d) or the recommendations in 25.3.5(a) concern a development proposal in respect of which an independent regulatory agency may issue a permit, licence, certificate or other approval, the report or the recommendations shall be forwarded to that agency as well as to the Minister. The agency shall deal with the report and recommendations in the same manner as the Minister under 25.3.14. The provisions of 25.3.15 and 25.3.18 shall apply to the agency with such modifications as the circumstances require. The agency shall implement any recommendations it accepts, to the extent of its legislative authority.

(b) In (a),

"independent regulatory agency" means a statutory body which, in the exercise of regulatory or licensing powers, is not subject to specific control or direction by government notwithstanding that it may be subject to general direction whether by guidelines, regulations or directives, or that its decisions may be subject to approval, variance or rescission by government.

25.3.18 All parts of this process shall be carried out in a timely manner.

25.3.19 (a) After the date of settlement legislation, where there is a public review, pursuant to the Canadian Environmental Assessment Act, S.C. 1991-1992 (3rd Sess.), c.37, of a development proposal which is in the settlement area or which may have an effect on the settlement area, the Minister of the Environment shall appoint one member to the review panel from a list of persons nominated by the Sahtu Tribal Council.

(b) The Canadian Environmental Assessment Agency shall consult the Sahtu Tribal Council throughout the assessment and review stages of a development proposal in (a).

25.4 Regulation of Land and Water Use

25.5 Interim Measure

25.5.1 After the date of settlement legislation and prior to the enactment of the legislation establishing the Land and Water Board referred to in 25.4.1, no permit, licence or authorization for land or water use in the settlement area shall be issued by government without at least 30 days' notice to the Sahtu Tribal Council provided that the 30-days period may be reduced where it would be inconsistent with any provision contained in legislation.

25.5.2 Prior to the establishment of a Land and Water Board,

1. notwithstanding the definition of territorial lands in the Territorial Land Use Regulations, settlement lands remain subject to the Territorial Land Use Regulations, except that no application for a land use permit to be issued by government with respect to Sahtu lands shall be accepted without:
   1. the consent of the Sahtu Tribal Council;
   2. an order of the Surface Rights Board; or
   3. a decision of the Arbitration Panel related to rights of access;
2. nominees of the Sahtu Tribal Council shall, together with nominees of the Gwich'in Tribal Council where appropriate, form half of the members of the Lands Advisory Committee established by the Northern Affairs Program of the Department of Indian Affairs and Northern Development; and
3. a nominee of the Sahtu Tribal Council shall be appointed to the body established to advise the Northwest Territories Water Board.

25.5.3 Prior to the establishment of the Environmental Impact Review Board, all development activities on Sahtu lands shall be subject to the governmental environmental impact and assessment and review process which may exist at the time.

(b) The Sahtu Tribal Council shall be entitled to nominate a member for appointment to the Regional Environmental Review Committee.

26.1 General

26.1.1 In this chapter,

"Sahtu heritage resources" means heritage resources which relate to the history and culture of the participants.

26.1.2 Sahtu heritage resources provide a record of participants use and occupancy of the settlement area through time and are of spiritual, cultural, religious or educational significance to the participants.

26.1.3 Sahtu heritage resources in the Northwest Territories, including such sites and places within national parks, shall be protected and preserved pursuant to legislation and policies in place from time to time.

26.1.4 The Sahtu Tribal Council shall be consulted in the formulation of government policy and legislation with respect to Sahtu heritage resources in the Mackenzie Valley.

26.1.5 A Sahtu burial site in the settlement area shall not be disturbed except after consultation with the Sahtu Tribal Council and after appropriate measures have been taken to respect the dignity of the site.

26.1.6 The sites set out in the schedule to this chapter are sacred to the participants and, for greater certainty, are heritage resources.

26.2 Management of Heritage Resources

26.2.1 Heritage resource management decisions and policies with respect to the use and protection of Sahtu heritage resources shall take into account the cultural values of the participants.

26.2.2 The Sahtu Tribal Council shall be actively involved in the conservation and management of Sahtu heritage resources. Such involvement shall be consistent with the maintenance of the integrity of public archives and national and territorial heritage resources collections.

26.2.3 The Sahtu Tribal Council shall have the responsibility for managing Sahtu historic sites and burial sites which are on Sahtu lands, unless otherwise agreed.

26.2.4 The Sahtu Tribal Council shall have an opportunity to be represented on any boards, agencies or committees established in the Mackenzie Valley by government to administer or protect Sahtu heritage resources. The Sahtu Tribal Council shall be consulted with respect to the implementation of this provision prior to the establishment of any such board, agency or committee.

26.2.5 As part of the review of land use permit applications, such applications shall be forwarded to the Sahtu Tribal Council and the government agency responsible for heritage resources for their advice respecting the presence of heritage resources on the lands included in the application and any conditions to be attached to the land use permit.

26.2.6 (a) Prior to issuing archaeologists permits in respect of Sahtu heritage resources, government shall consult the Sahtu Tribal Council. Such permits shall specify procedures to be followed by the permit holder including:

1. plans and methods for site protection or restoration, where applicable;
2. consultation with the designated Sahtu organization of the local Sahtu community or communities;
3. disposition of materials extracted; and
4. submission of a technical and a non-technical report on the work completed.

(b) In addition to the requirements set out in (a), no archaeologists permits in respect of heritage resources on Sahtu lands shall be issued without the consent of the Sahtu Tribal Council.

26.2.7 (a) In appropriate cases, artifacts and records relating to the heritage of the participants which have been removed from the settlement area should be returned to the settlement area or the Northwest Territories for the benefit, study and enjoyment of the participants and all other residents of the Northwest Territories.

(b) Government and the participants agree to work together towards the attainment of the objective in (a) provided that appropriate facilities and expertise exist in the settlement area for the proper maintenance and exhibition of such artifacts and records and consistent with the maintenance of the integrity of public archives and national and territorial heritage collections.

(c) Sahtu heritage resources may be housed and exhibited in appropriate aboriginal facilities as well as in other public institutions.

26.2.8 The participants shall have preference in being hired at public sites, museums, heritage resource projects, archaeological works and similar public facilities and projects in the settlement area related to Sahtu heritage resources, in a manner to be set out in the protected area agreement or, where there is no protected area agreement, in the management or work plans for the public sites, museums, projects, facilities and works referred to in this chapter. The Sahtu Tribal Council shall be consulted in the development of such plans.

26.2.9 Where government prepares public information material with respect to protected areas and the facilities and projects referred to in 26.2.8, appropriate recognition shall be given to the culture and history of the participants.

26.3 Place Names

26.3.1 The participants have traditionally referred to certain lakes, rivers, mountains and other geographic features and locations in the settlement area by traditional or aboriginal names. Upon request of the Sahtu Tribal Council, the official name of such a place shall be reviewed and the traditional name used by the participants may be recognized in accordance with the applicable government procedures and policies including the toponymic policy of the Government of the Northwest Territories.

26.3.2 The Sahtu Tribal Council shall be consulted on any proposed new name or any proposed change of a place name within the settlement area.

26.4 Sahtu Heritage Places and Sites

26.4.1 A joint working group shall be established, at a date to be set out in the implementation plan, and shall continue for a period of not more than two years from that date, unless otherwise agreed.

26.4.2 The joint working group shall have five members:

1. two members appointed by government;
2. two members appointed by the Sahtu Tribal Council; and
3. one member, to serve as chairperson, selected by the other four members.

26.4.3 The joint working group shall consider and make recommendations to the appropriate Minister or government agency and to the Sahtu Tribal Council with respect to the following Sahtu heritage places and sites:

1. the Ramparts;
2. Scented Grass Hills;
3. Grizzly Bear Mountain;
4. Red Dog Mountain;
5. the Site of Sir John Franklin's 1825 Wintering Quarters;
6. Loon River/Fort Anderson Trail; and
7. such other Sahtu heritage places and sites as may be agreed by the joint working group.

26.4.4 (a) The costs of the joint working group shall be the responsibility of government. The joint working group shall prepare an annual budget, subject to review and approval by government.

(b) Any financial obligations which follow from accepting the recommendations of the joint working group shall not be a cost of implementing this agreement.

Schedule - Sahtu Dene and Metis Sacred Sites

[TO BE COMPLETED BY THE PARTIES]

27.1 General

27.1.1 A Surface Rights Board ("the Board"), established as an institution of public government by legislation, shall have jurisdiction over matters relating to surface entry and compensation as set out in this agreement or legislation.

27.1.2 Members of the Board shall be residents of the Northwest Territories. When dealing with Sahtu lands, the Board shall act through a panel of its members at least one of whom shall be a resident of the settlement area.

27.1.3 The costs of the Board shall be the responsibility of government. The Board shall prepare an annual budget, subject to review and approval by government.

27.2 Powers and Responsibilities

27.2.1 The Board shall have jurisdiction to hear and determine any matter referred to it in this agreement and assigned to it by legislation including the power to:

1. receive submissions for dispute resolution when the holders of surface or subsurface commercial interests do not reach an agreement regarding the use of the surface with the owner or occupier of the surface;
2. grant right-of-entry orders whether or not compensation for entry has been determined, but the Board may not refuse to grant a right-of-entry order where an applicant has a right of access to Sahtu lands;
3. attach conditions to right-of-entry orders which are not inconsistent with the approved terms and conditions pursuant to 25.3 and 25.4 and such conditions may include rights of the owner or occupier of the surface to verify the authorized use of the surface;
4. determine compensation for the use of the surface;
5. determine compensation for unforeseen damage resulting from entry;
6. prescribe rules and procedures for any negotiations required by this agreement, including the establishment of a reasonable time period for negotiations, subject to any limits prescribed by legislation, after which applications may be made for a right-of-entry order;
7. periodically review any right-of-entry order, any terms and conditions thereof, and compensation;
8. terminate a right-of-entry order, after a hearing, where lands are no longer being used for the purpose authorized; and
9. award costs.

27.2.2 In determining compensation payable in respect of Sahtu lands, the Board shall consider all relevant factors, including:

1. the market value of the land;
2. loss of use of the land to participants;
3. effect on wildlife harvesting;
4. adverse effect of the use upon lands retained by participants;
5. damage which may be caused to the land used;
6. nuisance, inconvenience and noise;
7. the cultural and other special value of the land to participants;
8. the cost associated with any inspection rights set out in a right-of-entry order; and
9. such other factors as may be provided for in the legislation;

but shall not consider the reversionary value of the land after the use terminates, or any entry fee payable.

27.2.3 Prior to exercising a right-of-entry order on Sahtu lands, the holder of a surface or subsurface interest shall be required to pay to the designated Sahtu organization an entry fee, to be prescribed by legislation, and 80 percent of the last compensation offer made before the matter was referred to the Board.

27.2.4 A compensation hearing in respect of Sahtu lands shall be held not later than 30 days from the date of the right-of- entry order.

27.3 Interim Measure

27.3.1 In the event that surface rights legislation is not in effect by the date of settlement legislation, any matter which is to be determined by the Surface Rights Board pursuant to this agreement shall, until such time as surface rights legislation is in effect, be determined by arbitration pursuant to the provisions of chapter 6, except that where the resolution of any matter respecting the exploration, development and production of minerals is provided for in legislation, such legislation shall apply until such time as surface rights legislation comes into effect.

28.1 Reciprocal Rights with the Inuvialuit

28.1.1 The participants have the right to harvest those species of wildlife which they have traditionally harvested within those areas of the Western Arctic Region which have been traditionally used by the participants to harvest wildlife.

28.1.2 The rights of participants to harvest wildlife pursuant to 28.1.1 are subject to legislation applicable to Inuvialuit harvesters pursuant to the Inuvialuit Final Agreement.

28.1.3 The Inuvialuit have the right to harvest those species of wildlife which they have traditionally harvested within those areas of the settlement area which have been traditionally used by the Inuvialuit to harvest wildlife.

28.1.4 For greater certainty, the rights of the Inuvialuit to harvest wildlife in the settlement area are subject to this agreement and to legislation applicable to participants.

28.1.5 Nothing in 28.1 is intended to affect the rights of the participants and the Inuvialuit to share wildlife resources and to enter into agreements with each other with respect to harvesting and wildlife management as recognized in clause 14 (15) of the Inuvialuit Final Agreement.

28.2 Reciprocal Rights with the Inuit

28.2.1 Participants have the right to harvest wildlife within those areas of the Nunavut settlement area which they have traditionally used and continue to use for that purpose.

28.2.2 The right of participants to harvest wildlife pursuant to 28.2.1 shall be on the same basis and subject to the same conditions that apply to Inuit.

28.2.3 Inuit have the right to harvest wildlife within those areas of the settlement area which they have traditionally used and continue to use for that purpose.

28.2.4 The right of Inuit to harvest wildlife pursuant to 28.2.3 shall be on the same basis and subject to the same conditions that apply to participants.

28.2.5 The rights in 28.2 may be limited by agreement between a designated Sahtu organization and the Inuit.

28.3 Other Agreements

28.3.1 Notwithstanding 13.4.6, the Sahtu Tribal Council may, pursuant to a sharing agreement with an adjacent aboriginal group, agree to share with the persons in such group wildlife harvesting and wildlife management rights under this comprehensive land claim agreement, provided that no such sharing agreement shall adversely affect the rights of persons who are not party to that sharing agreement.

29.1 Implementation Plan

29.1.1 An implementation plan accompanies this agreement for the purpose of explanation but does not form part of it. It has been approved by Canada, the participants and the Government of the Northwest Territories in order to describe:

1. the obligations and activities required to fulfil this agreement;
2. who is responsible for, and the time frames required to fulfil, the obligations and the activities identified;
3. employment opportunities and training needs for the participants to participate in the implementation of this agreement;
4. legislative requirements arising from the provisions of this agreement;
5. a communication and information strategy to inform interested parties of the content of the implementation plan and this agreement;
6. a process to facilitate co-ordination and co-operation among Canada, the participants and the Government of the Northwest Territories to implement the implementation plan and this agreement;
7. a process to determine that the identified obligations and activities have been fulfilled; and
8. the costs of implementing this agreement.

29.2 Implementation Committee

29.2.1 Within one month of the date of settlement legislation, an Implementation Committee shall be established for a minimum 10-year period.

29.2.2 The Implementation Committee shall be composed of three senior officials: one representing the Government of Canada designated by the Minister of Indian and Northern Affairs; one designated by the Government of the Northwest Territories; and one designated by the Sahtu Tribal Council.

29.2.3 The Implementation Committee shall operate on a consensus basis and shall:

1. oversee and provide direction to guide the implementation of this agreement;
2. monitor the status of the implementation plan;
3. when it deems necessary, revise the schedule of activities, reallocate resources and amend the implementation plan;
4. attempt to resolve implementation disputes arising between the parties. Unresolved implementation disputes shall be resolved pursuant to arbitration under chapter 6;
5. provide the Minister of Indian and Northern Affairs, the Government Leader of the Northwest Territories and the Sahtu Tribal Council with an annual report, which shall be made public, on the implementation of this agreement; and
6. make recommendations for the implementation of this agreement for the period following the initial 10-year period, including the role of the committee.

1 Objectives

1.1 Government shall enter into negotiations with the Sahtu Dene and Metis pursuant to this framework agreement with a view to concluding self-government agreements which enable the Sahtu Dene and Metis to govern their affairs and to administer resources, programs and services, as appropriate to the circumstances of the Sahtu Dene and Metis.

1.2 Self-government agreements shall be in conformity with the Constitution of Canada.

1.3 The objectives of self-government agreements shall be to describe the nature, character and extent of self- government, the relationship between government and Sahtu Dene and Metis institutions and to accommodate Sahtu Dene and Metis self-government within the framework of public government.

1.4 The objective of this framework agreement is to set out the principles, process and matters for negotiation in self-government negotiations conducted between government and the Sahtu Dene and Metis, in accordance with the provisions of chapter 5 of the agreement.

2 Definitions

2.1 In this framework agreement, all terms not defined below shall be as defined in the agreement. Terms herein shall have the following meanings:

"agreement" means the Sahtu Dene and Metis comprehensive land claim agreement;

"Sahtu Dene and Metis First Nation Government" means a governing body for Sahtu Dene and Metis in any of Colville Lake, Déline, Fort Good Hope, Fort Norman or Norman Wells with powers and responsibilities as set out in self-government agreements; and

"self-government agreement" means an agreement on self-government negotiated pursuant to this framework

3 Principles

3.1 Sahtu Dene and Metis self-government may comprise:

1. Sahtu Dene and Metis First Nation Governments with powers and responsibilities, including the necessary legislative powers, in specified areas of jurisdiction;
2. the Sahtu Tribal Council or its successor with such powers and responsibilities as may be agreed upon by Sahtu Dene and Metis; and
3. Sahtu Dene and Metis participation in public government pursuant to self-government agreements.

3.2 Self-government agreements:

1. shall set out the powers and responsibilities of Sahtu Dene and Metis First Nation Governments;
2. may set out the powers and responsibilities of the Sahtu Tribal Council or its successor; and
3. may provide for Sahtu Dene and Metis participation in public government institutions and may set out appropriate powers and responsibilities of such institutions in the settlement area.

3.3 Self-government agreements may provide for the devolution or delegation of programs and services to:

1. Sahtu Dene and Metis First Nation Governments;
2. the Sahtu Tribal Council or its successor; and
3. those public government institutions in the settlement area provided for in 3.2(c).

3.4 Self-government agreements may provide for Sahtu Dene and Metis First Nation Governments or the Sahtu Tribal Council or its successor to exercise powers of a designated Sahtu organization in accordance with the agreement.

3.5 (a) Self-government agreements shall take into account the availability of government financial resources.

(b) Financial arrangements for self-government agreements shall address the need for flexibility, predictability and long-term planning.

(c) Self-government agreements shall take into account the effective and efficient use of financial resources.

3.6 Government shall consult with the Sahtu Tribal Council before recommending to Parliament or the Legislative Assembly of the Northwest Territories as the case may be, legislation to enact or amend legislation providing for Sahtu Dene and Metis self-government.

3.7 The provisions of self-government agreements shall not be inconsistent with the provisions of settlement legislation or the agreement as set out in 5.1.4 of chapter 5.

4 Matters for Negotiation

4.1 Self-government negotiations shall address, and self-government agreements may include, the following matters in a manner not inconsistent with the agreement as set out in 5.1.4 of chapter 5:

1. the development of constitutions for Sahtu Dene and Metis First Nation Governments and the Sahtu Tribal Council or its successor including;
   1. structures and procedures,
   2. accountability to Sahtu Dene and Metis of Sahtu Dene and Metis institutions,
   3. legal status and capacity of Sahtu Dene and Metis Governments, the Sahtu Tribal Council or its successor, and
   4. membership;
2. Sahtu Dene and Metis culture and language;
3. housing;
4. use, management, administration, control and protection of settlement lands;
5. raising of revenue for local purposes, including taxation;
6. education and training;
7. social services;
8. health services;
9. roads and traffic;
10. local government infrastructure, including programs and services;
11. economic development, including tourism;
12. child welfare, guardianship and customary adoption;
13. wills and estates;
14. administration of justice;
15. implementation plans and financial arrangements relating to self-government agreements;
16. procedures for the amendment of self-government agreements;
17. transition from existing Sahtu Dene and Metis institutions to future Sahtu Dene and Metis institutions; and
18. matters relating to the foregoing, or as may be otherwise agreed.

5 Process and Schedule

5.1 Government shall enter into negotiations with the Sahtu Dene and Metis in each Sahtu community where a written request to negotiate is made by a designated Sahtu Dene and Metis organization.

5.2 Prior to commencing negotiations on self-government agreements, the parties to such negotiations shall agree on:

1. the order in which the matters to be negotiated are to be addressed;
2. the time frame within which negotiations will take place; and
3. such other matters as may be necessary or desirable.

1 Land Selection

1.1 Unless otherwise agreed, the land selection processes for settlement lands and Sahtu municipal lands shall be undertaken concurrently.

1.2 Negotiations shall take place at locations in the Northwest Territories to be determined by the parties prior to the commencement of land selection. Where possible, negotiations shall take place in the relevant community.

1.3 Prior to the commencement of land selection, government shall provide the Sahtu Tribal Council with:

1. current data respecting the location and nature of existing government and third party interests in the settlement area including commercial fishing licences, government and surface leases, exploration agreements, recorded mining rights, timber permits, harvesting agreements, outfitters and lodge licences, fee simple grants and the like;
2. maps or lists of all proposed parks or other protected areas in the settlement area. The identification of new parks or other protected areas may be considered in the course of land selection negotiations. Provisions relating to particular protected areas may be included in this agreement; and
3. a list of all identified hazardous waste sites in the settlement area and available information pertaining thereto.

1.4 Prior to land selection, the Sahtu Tribal Council shall table land use and occupancy maps for review by government.

1.5 Land subject to a fee simple interest or an agreement for sale may not be selected, unless otherwise agreed.

1.6 Land subject to a lease is not available for selection unless the lessee's interest is treated in a manner satisfactory to the Sahtu Tribal Council and government. The lessee shall be given written notice by government if such land is being considered for selection.

1.7 (a) The Sahtu Tribal Council may, with the consent of a Sahtu Dene or Metis who has an interest in a building or other structure affixed to the land, propose Crown or Commissioner's lands underlying such interests for selection. The Sahtu Tribal Council shall provide a written confirmation to government that consent has been obtained.

(b) In (a), the consent of the Sahtu Dene or Metis is not required if the interest of that Sahtu Dene or Metis is limited to that of a tenant or occupant of the building or structure.

1.8 Subject to 4.7(a), land administered by, or reserved in the name of, any department or agency of the federal, territorial or municipal governments may not be selected, except in exceptional circumstances.

1.9 The lands selected in respect of any community need not be identical in quantity to the lands selected in respect of other communities.

1.10 Land selection shall be completed by the initialling by the parties of:

1. all maps and agreements setting out all settlement lands; and
2. schedules describing all Sahtu municipal lands.

1.11 (a) The initialled land selection maps shall, if required, be transposed on to alternative scale maps.

(b) Upon completion, the transposed maps shall be brought to the negotiating table for final review by the parties for accuracy.

(c) The transposing of the maps shall be the responsibility of government.

Land Withdrawal

1.12 Land withdrawal pursuant to the Territorial Lands Act or the Commissioner's Lands Act shall occur as soon as reasonably possible following agreement between government and the Sahtu Tribal Council respecting land selection. Where urgent circumstances require, the parties may agree to the withdrawal of certain land selections notwithstanding that all Sahtu land selections have not been completed.

1.13 The initialled agreements and maps shall form the basis for Orders-in-Council to withdraw the lands. Orders-in-Council shall be prepared as soon as possible after initialling.

1.14 (a) The parties shall develop a joint communications plan for the release of information and maps to the public.

(b) Upon withdrawal of lands following completion of land selection, both parties shall have 60 days to conduct a period of review and consultation concerning the initialled agreements and maps.

(c) Upon completion of the review period specified in (b), the initialled maps and agreements shall be confirmed or amended, and the land withdrawal amended by Order-in-Council.

(d) The confirmed agreements and maps shall only be re-opened for negotiation if specifically agreed by the parties.

1.15 The effect of land withdrawal shall be to withdraw the lands from disposition of surface and subsurface rights such that on the withdrawn lands and for the time they are withdrawn:

1. no new agreements for the sale or lease of land will be executed;
2. no new mining claims shall be recorded pursuant to the Canada Mining Regulations, except where those claims were located prior to the date of the withdrawal order;
3. no new permits, licences or leases pursuant to the Territorial Coal Regulations shall be granted; and
4. no new leases pursuant to the Territorial Dredging Regulations shall be granted.

1.16 (a) Notwithstanding 1.15(a), the withdrawal of lands may be amended, after consultation with the Sahtu Tribal Council, in order to grant a surface lease where required in the development of an existing mine or mineral claim.

(b) Notwithstanding 1.12, the withdrawal of lands may be revoked in cases of overriding public interest as determined by the appropriate Minister and after consultation with the Sahtu Tribal Council.

1.17 The withdrawal of lands pursuant to 1.12 shall be subject to existing rights, titles or interests, including licences, permits, authorizations, reservations, reservations by notation and any associated benefits and privileges, including renewals, replacements, extensions in time and transfers as might have been granted or permitted had the land not been withdrawn, provided that:

1. there will be no significant changes in the terms and conditions of such renewals, replacements, extensions or transfers;
2. the interest holder shall be given notice of the withdrawal and advised by government that the lands have been selected;
3. the Sahtu Tribal Council will be given notice of any renewal, replacement, extension, transfer or any other change of an existing interest; and
4. nothing in 1.17 is intended to affect any discretion of government to grant or refuse the renewal, replacement, extension of term or transfer of any interest in land or licence, permit or authorization.

1.18 Without limiting the generality of 1.17, such withdrawals shall be subject to existing:

1. located or recorded mineral claims or prospecting permits in good standing under the Canada Mining Regulations;
2. rights in good standing created pursuant to section 8 of the Territorial Lands Act or section 4 of the Commissioner's Land Act;
3. permits, special renewal permits and leases in good standing under the Canada Oil and Gas Land Regulations;
4. rights, permits and interests granted pursuant to the Canada Petroleum Resources Act; and
5. rights issued pursuant to the Territorial Coal Regulations, Territorial Dredging Regulations, Territorial Quarrying Regulations and the Forest Management Regulations.

1.19 No new permits shall be issued on the withdrawn lands pursuant to the Territorial Quarrying Regulations or the Commissioner's Lands Regulations in respect of sources of construction material which had not been opened prior to the date of the withdrawal order except:

1. with the consent of the Sahtu Tribal Council; or
2. in cases where, in the opinion of the appropriate Minister, no alternative source of supply is reasonably available in the surrounding area and after consultation with the Sahtu Tribal Council.

1.20 No new timber permits or licences, other than free permits or renewals or replacements of existing timber permits or licences issued pursuant to the Forest Management Regulations, shall be issued in respect of the withdrawn lands except:

1. with the consent of the Sahtu Tribal Council; or
2. in cases of overriding public interest as determined by the Minister and after consultation with the Sahtu Tribal Council.

1.21 Any new permits or licences issued pursuant to 1.19 or 1.20 shall not thereafter be considered new permits or new licences for the purposes of 1.19 and 1.20.

1.22 Withdrawn lands remain Crown lands or Commissioner's lands under administration and control of the appropriate Minister.

1.23 The provisions of this appendix shall not affect access to or across withdrawn lands.

2 Land Selection - Settlement Lands

2.1 Initial land selection maps (using 1:250,000 scale National Topographic Series maps) shall be prepared by the Sahtu Tribal Council which may identify up to one and one half times the total land quantum. The maps shall show subsurface selections, if any, under such lands. An estimate of the area of each selection shall also be indicated on the maps.

2.2 The Sahtu Tribal Council shall indicate on the land selection maps any existing significant public routes which are recognized and being used on a regular basis, whether year round or intermittently.

2.3 Government shall review the areas indicated on the maps and advise the Sahtu Tribal Council of the position of government as to the suitability of those lands for negotiation.

2.4 Land selection shall be made so as to leave sufficient Crown land which is reasonably accessible to communities for public purposes, including recreation and wildlife harvesting.

2.5 Land selections in the settlement area shall be fairly representative of the topography and quality of the lands in the settlement area.

2.6 Where the objectives of the parties cannot be met through the process of land selection, negotiations at the time of land selection may provide special rights for the harvesting of fish and other species of wildlife in designated areas.

2.7 During land selection, the parties may determine locations where the public rights of access in 21.2.1(a)(ii) and (iii) and the commercial rights of access in 21.4.2(a)(ii) and (iii) are restricted.

2.8 During land selection, the parties shall negotiate those areas where the public access referred to in 21.2.2(a) and (b) shall apply. These negotiations will be intended to balance the desire of the Sahtu Dene and Metis for exclusive possession of their lands and the interest of the public in having sufficient opportunity to fish and to hunt migratory game birds.

2.9 Unless otherwise agreed, lands shall not be selected within 30.48 metres of the boundary of the settlement area.

2.10 (a) The parties may negotiate the selection of specific sites. Unless otherwise agreed, specific sites shall not exceed one hectare in area.

(b) Specific sites are to be held pursuant to 19.1.2(a) and the total area of such sites is to be included within the amount referred to in 19.1.2(a).

(c) Unless otherwise agreed, and to the extent possible, specific sites shall be regular in shape and avoid disproportionately large frontages along waterbodies.

(d) Specific sites are to be areas of traditional and current use by Sahtu Dene or Metis such as camps for harvesting or other traditional uses. A camp is a facility for the personal use of a Sahtu Dene or Metis.

(e) The Sahtu Tribal Council may, with the consent of the Sahtu Dene or Metis normally occupying or using such specific site, propose such site for selection. The Sahtu Tribal Council shall provide a written confirmation to government that consent has been obtained.

2.11 The parties shall make best efforts to ensure that not more than 19 percent of settlement land falls within zone "A" as set out on a map initialled by the Chief Negotiators on May 30, 1988, and not more than 29 percent of settlement land falls within zones "A" and "B" as set out on the same map.

3 Local Government Boundary Determination

3.1 The Government of the Northwest Territories and the Sahtu Tribal Council shall review the boundaries of local governments.

3.2 The review and analysis of local government boundaries shall be conducted by representatives of the Sahtu Tribal Council and the Government of the Northwest Territories. Local government authorities may participate in the review under the aegis of the Government of the Northwest Territories.

3.3 After an agreement has been reached adjusting or confirming local government boundaries, the Government of the Northwest Territories shall adjust the boundaries forthwith.

3.4 Upon joint agreement by the Government of the Northwest Territories and the Sahtu Tribal Council on local, government boundaries, this review process shall terminate.

3.5 Where there are no local government boundaries established in legislation the Development Control Zone boundary shall constitute the boundary for the purpose of land selection.

4 Land Selection - Municipal Lands

4.1 Initial data base preparation shall be completed by the Government of the Northwest Territories for each local government, and include a text and/or maps as follows:

1. a map of the existing local government boundary to 1:50,000 scale;
2. local government mapping at 1:2,000 scale, showing all surveyed and unsurveyed parcels and topographic features;
3. textual data base showing land ownership/dispositions including expiry dates of leases; and
4. where 1:2,000 maps are not available, the Government of the Northwest Territories shall provide an appropriate alternate map.

4.2 The Government of the Northwest Territories shall verify its respective data base in consultation with each local government authority.

4.3 Upon receipt, the Government of the Northwest Territories shall forward the data base to the Sahtu Tribal Council.

4.4 The Sahtu Tribal Council shall subsequently prepare land selection maps for each local government using local government planning maps where possible or the largest scale maps available.

4.5 The Sahtu Tribal Council shall forward maps to the Government of the Northwest Territories and the Government of the Northwest Territories shall provide copies to the appropriate public local authority.

4.6 (a) The level of detailed planning (i.e. identification of individual lot boundaries and road allowances within the built-up portion of the local government and future expansion areas within that boundary) may vary from local government to local government.

(b) In cases where detailed planning is not available for those lands identified for selection including those lands selected within the area designated as expansion lands within the local government boundary, land selection shall proceed in accordance with:

1. a description of the building occupied by a Sahtu Dene or Metis, including sufficient land around the building, taking into account past use and the local government norm, with the understanding that this description will be reflected within the subdivision plan, when prepared; or
2. a description of the unoccupied government land by way of a sketch map illustrating approximate dimensions with the understanding that the dimensions will be finalized when a subdivision plan is prepared.

4.7 The Sahtu Tribal Council and government may agree to the selection of lands, which shall become Sahtu municipal lands, within local government boundaries as follows:

1. lands noted within the lands records of the Department of Indian Affairs and Northern Development as reserved in the name of the Indian Affairs Branch for Indian housing, with the exception of public roads and lands occupied by public facilities within those lands;
2. unoccupied Crown or Commissioner's lands; and
3. other lands as may be agreed by the parties.

4.8 Municipal land selection shall be made so as to ensure that there is adequate land for public infrastructure requirements and for residential, commercial, industrial and recreational purposes.

1 General

1.1 The ratification by the Sahtu Dene and Metis shall be prior to July 9, 1993.

1.2 Canada shall consider this agreement as soon as possible after its ratification by the Sahtu Dene and Metis.

2 Ratification Committee

2.1 A Ratification Committee shall be established with responsibility for conducting the ratification process.

2.2 The Ratification Committee shall consist of two persons named by government and five persons named by the Sahtu Dene and Metis, of which one shall be named from each Sahtu community. These persons shall select a chairperson from amongst themselves.

2.3 The Ratification Committee shall prepare a budget, subject to review and approval by government. The approved expenses of the Committee shall be a charge on Canada.

3 Official Voters Lists

3.1 (a) The Ratification Committee shall prepare an Official Voters List for the Sahtu Dene and an Official Voters List for the Sahtu Metis.

(b) An eligible voter is a person who :

1. is determined by the Ratification Committee to be eligible to be enrolled as a participant pursuant to 4.2.1 of the agreement;
2. is at least 18 years of age before July 9, 1993; and
3. signifies consent to having his or her name entered on an Official Voters List.

(c) The Ratification Committee shall enter the name of each eligible voter on the Official Voters List which he or she has selected.

(d) Only individuals whose names appear on such lists shall be eligible to vote.

(e) Notwithstanding (a), a person is not an eligible voter if that person is enrolled pursuant to any other comprehensive land claim agreement unless such person is eligible for Treaty 11 benefits.

3.2 Preliminary lists of eligible voters shall be published in each Sahtu community prior to May 8, 1993, and may be published in such other locations as determined by the Ratification Committee.

3.3 Application may be made to the Ratification Committee, prior to May 31, 1993,

1. by individuals whose names are not on the preliminary voters lists to have their names placed on a list; and
2. by individuals whose names are on the preliminary voters lists to delete names appearing on the preliminary voters lists on the basis that the person named is not eligible.

3.4 Applications in 3.3 shall be in writing and shall be heard by the Ratification Committee in the manner which it considers appropriate to the circumstances of the particular application. The Ratification Committee shall determine such applications on the best evidence that is available to it which may include unsworn written statements and hearsay evidence.

3.5 The decision of the Ratification Committee in respect of an application shall be final.

3.6 The Ratification Committee shall publish the Official Voters Lists prior to June 8, 1993.

4 Information Campaign

4.1 The Ratification Committee shall be responsible for affording eligible voters a reasonable opportunity to review the substance and details of this agreement.

4.2 The Ratification Committee shall organize community meetings to provide eligible voters the opportunity to discuss the agreement with representatives of government and the Sahtu Dene and Metis.

5 Voting Process

5.1 The vote on the ratification of this agreement shall be from July 5 to 8 inclusive, 1993.

5.2 The Ratification Committee shall determine the locations at which and the means by which votes shall be cast. The Ratification Committee may conduct an advance vote on June 26, 1993.

5.3 The vote shall be held on the same date or dates in all polling locations.

5.4 The date or dates of the vote and the polling locations shall be posted in each community in which a ballot may be cast prior to April 23, 1993.

5.5 The vote shall be by secret ballot.

5.6 The appearance, format and contents of the ballot shall be approved by the parties.

5.7 The Ratification Committee shall receive and tabulate all ballots.

6 Ratification of the Agreement by the Sahtu Dene and Metis

6.1 The Sahtu Dene and Metis shall be considered to have ratified this agreement if:

1. no less than three quarters of the eligible voters on the Sahtu Dene Official Voters List cast a ballot, and no less than two thirds of such eligible voters casting a ballot approve the agreement; and
2. no less than three quarters of the eligible voters on the Sahtu Metis Official Voters List cast a ballot, and no less than two thirds of such eligible voters casting a ballot approve the agreement.

6.2 The Ratification Committee shall, for each of the votes in 6.1, tabulate and publish figures showing the total number of ballots cast, the total number of ballots approving the agreement, the total number not approving the agreement, the total number of ballots spoiled and the total number of ballots rejected. The Ratification Committee shall publish these results in each Sahtu community and may publish the results in such other locations as the Committee determines.

7 Ratification of the Agreement by Canada

7.1 After the Ratification Committee conducts the vote and publishes the results, and if the results of the vote constitute a ratification of this agreement by the Sahtu Dene and Metis, the agreement shall be presented by the Minister of Indian Affairs and Northern Development to Cabinet for approval.

8 Signing of the Agreement

8.1 Within 30 days of approval by Cabinet of this agreement, the agreement shall be signed by representatives of the Sahtu Dene and Metis and of government.

9 Settlement Legislation

9.1 Once this agreement has been signed by government and the Sahtu Dene and Metis, the Minister of Indian Affairs and Northern Development shall submit legislation to Parliament to give effect to this agreement.