Champagne and Aishihik First Nations Final Agreement Implementation Plan

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:
Canada, Yukon, CYI

OBLIGATIONS ADDRESSED:
Except where expressly provided in the Umbrella Final Agreement, the provisions of the Umbrella Final Agreement may only be amended with the consent of the parties to the Umbrella Final Agreement.

Consent to any amendment pursuant to 2.3.1 may only be given on the part of:

• Canada, by the Governor in Council;
• The Yukon, by the Commissioner in Executive Council; and
• Yukon First Nations by the following process,

(a) the Council for Yukon Indians shall Consult on all proposed amendments with all Yukon First Nations and shall provide the result of those Consultations to all Yukon First Nations,

(b) an amendment shall only be considered approved by the Yukon First Nations if it is approved by two thirds of the Yukon First Nations which have Yukon First Nation Final Agreements in effect and which represent at least 50 percent of all Yukon Indian People, and

(c) the Council for Yukon Indians shall provide Government with a certified copy of a resolution stating that (a) and (b) have been complied with, and Government shall be entitled to rely on that resolution as conclusive evidence of compliance with (a) and (b)

A Yukon First Nation shall approve an amendment to the provisions of the Umbrella Final Agreement in the same way that it approves amendments to the specific provisions of its Yukon First Nation Final Agreement.

REFERENCED CLAUSES:
2.3.1, 2.3.2, 2.3.3, 2.3.5, 2.3.6, 2.8.3;

Cross reference
16.4.4.1, 24.12.3

Planning Assumptions

1. This Activity Plan describes procedure with respect to the activities of CAFN in respect of UFA amendments. The fourth activity indicates that CAFN requirements should be addressed in any discussions regarding the approach to the amendment process and specific arrangements to be made to deal with a particular amendment proposal. This opportunity should enable the consequences for CAFN of an affirmative response to a proposal for amendment to be addressed.
2. It is expected that the CAFN will participate in the consultation and determination processes undertaken by CYI in respect of UFA amendments, as described in the UFA Implementation Plan, Annex A.
3. The activities and assumptions described above are expected also to apply in respect of amendments pursuant to UFA 16.4..4.1 and 24.12.3, with such modifications as those provisions require.
4. The Parties may wish to seek appropriate amendements to legislation to reflect amendments of the UFA.

RESPONSIBLE PARTY:
Canada, Yukon, Champagne and Aishihik First Nations

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Except where expressly provided in a Yukon First Nation Final Agreement, a specific provision applicable to that Yukon First Nation may only be amended by the parties to that Yukon First Nation Final Agreement.

Consent to any amendment pursuant to 2.3.4 may only be given on the part of:

Canada, by the Governor in Council, except where expressly provided in a Yukon First Nation Final Agreement;

Specific Provision

(a) The Minister of Indian Affairs and Northern Development may consent, on behalf of Canada, to any amendment to a specific provision contemplated by 5.3.1, 5.15.1, 5.15.2, 6.1.2, 6.1.8 or 16.11.4 of this Agreement, to any amendment to Appendix A - Settlement Land Descriptions, attached to this Agreement, and to any amendment to Schedule B - Category 1 and 2 Traplines, attached to Chapter 16 - Fish and Wildlife.

(b) The Governor in Council may delegate to the Minister of Indian Affairs and Northern Development the authority to consent, on behalf of Canada, to amend other specific provisions of this Agreement.

the Yukon, by the Commissioner in Executive Council, except where expressly provided in a Yukon First Nation Final Agreement; and

Specific Provision

(a) The Yukon Minister responsible for land claims agreements may consent, on behalf of the Yukon, to any amendment to a specific provision contemplated by 5.3.1, 5.15.1, 5.15.2, 6.1.2, 6.1.8 or 16.11.4 of this Agreement, to any amendment to Appendix A - Settlement Land Descriptions, attached to this Agreement, and to any amendment to Schedule B - Category 1 and 2 Traplines, attached to Chapter 16 - Fish and Wildlife.

(b) The Commissioner in Executive Council may delegate to the Yukon Minister responsible for land claims agreements the authority to consent, on behalf of the Yukon, to amend other specific provisions of this Agreement.

a Yukon First Nation by a process set out in that Yukon First Nation Final Agreement.

Specific Provision

(a) Consent to any amendment pursuant to 2.3.4 may only be given on the part of the Champagne and Aishihik First Nations by a resolution of the Chief and Council.

(b) The Chief and Council shall provide Government with a certified copy of a resolution approved pursuant to 2.3.5.3 (a), and Government shall be entitled to rely on that resolution as conclusive evidence of compliance with 2.3.5.3 (a).

Amendments to a Yukon First Nation Final Agreement shall be published in the Canada Gazette, the Yukon Gazette and the Yukon First Nation registry of laws established pursuant to that Yukon First Nation's self-government agreement.

REFERENCED CLAUSES:
2.3.4, 2.3.5, 2.3.6

RESPONSIBLE PARTY:
Champagne and Aishihik First Nations

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Yukon First Nation Final Agreements may provide for that Yukon First Nation to alter from time to time which of its legal entities shall hold rights, liabilities or obligations pursuant to 2.11.4.

Specific Provision:

Except in respect of 2.5.0, 2.10.1, 4.4.0, 5.9.0 and 5.10.0,the Champagne and Aishihik First Nations may cause any of its rights, obligations and liabilities set out in this Agreement to be held, on its behalf, by any legal entity wholly controlled by the Champagne and Aishihik First Nations, provided any transfer does not adversely affect the exercise of rights, obligations and liabilities set out in this Agreement.

Except in respect of 2.5.0, 2.10.1, 4.4.0, 5.9.0 and 5.10.0,the Champagne and Aishihik First Nations may cause any of its rights, obligations and liabilities set out in this Agreement to be held, on its behalf, by any legal entity wholly controlled by the Champagne and Aishihik First Nations, provided any transfer does not adversely affect the exercise of rights, obligations and liabilities set out in this Agreement.

Government shall not be liable to Champagne and Aishihik People for any damage or loss suffered by Champagne and Aishihik People as a result of the failure of the Champagne and Aishihik First Nations or any entity referred to in 2.11.7.1 to comply with an obligation under this Agreement.

REFERENCED CLAUSES:
2.11.7

RESPONSIBLE PARTY:
Champagne and Aishihik First Nations

PARTICIPANT/LIAISON:
Yukon First Nations with Overlapping Area, Yukon and Canada

OBLIGATIONS ADDRESSED:
Champagne and Aishihik First Nations shall make best efforts to reach agreement with each Overlapping Yukon First Nation on a Contiguous Boundary.

The location of a Contiguous Boundary referred to in 2.1 is subject to approval by the other parties to this Agreement.

REFERENCED CLAUSES:
Chapter 2 Schedule B 2.1, 2.2;

Cross reference
3.3, 3.4, 4.0, 5

RESPONSIBLE PARTY:
Champagne and Aishihik First Nations, Panel of Elders

PARTICIPANT/LIAISON:
Yukon First Nations with overlapping claims, Canada and Yukon

OBLIGATIONS ADDRESSED:
At any time at least six months prior to the earliest date when a dispute may be referred to the dispute resolution process pursuant to 3.1, the Champagne and Aishihik First Nations may agree with an Overlapping Yukon First Nation to establish a panel of elders to consider and make recommendations to those Yukon First Nations on a Contiguous Boundary.

A panel of elders referred to in 2.3 shall make its recommendations in writing no later than the earliest date when a dispute may be referred to the dispute resolution process pursuant to 3.1. The costs of the panel shall be paid by the Yukon First Nations appointing the panel.

A recommendation of a panel on the location of Contiguous Boundary which is accepted by the Champagne and Aishihik First Nations and the Overlapping Yukon First Nation is subject to approval by the other parties to this Agreement.

Where Canada or the Yukon does not approve the recommendation of a panel under 2.5, it shall give its reasons in writing.

REFERENCED CLAUSES:
Chapter 2 Schedule B 2.3, 2.4, 2.5;

Cross reference
3.3, 4.0, 5.1

RESPONSIBLE PARTY:
Champagne and Aishihik First Nations, Canada, Yukon, Overlapping YFN

PARTICIPANT/LIAISON:
Person appointed to resolve dispute

OBLIGATIONS ADDRESSED:
In the absence of an approved agreement on the location of a Contiguous Boundary referred to in 2.2 or 2.5, any party to this Agreement or to an Overlapping Yukon First Nation Final Agreement may, at any time after one year from the Effective Date of this Agreement or the Overlapping Yukon First Nation Final Agreement, whichever occurs later, refer the matter of the location of a Contiguous Boundary to the dispute resolution process under 26.3.0 provided:

• that Overlapping Yukon First Nation Final Agreement contains specific provisions substantially the same as this schedule; or,
• the Champagne and Aishihik First Nations and the Overlapping Yukon First Nation agree to refer the matter to the dispute resolution process under 26.3.0.

A person appointed under 26.7.0 to resolve a dispute under 3.1 shall have the power:

• to determine a Contiguous Boundary, in the Overlapping Area, between the Traditional Territories of the Overlapping Yukon First Nation and the Champagne and Aishihik First Nations, in addition to the other powers provided in Chapter 26 - Dispute Resolution; and
• where a recommendation of a panel under 2.4 has been accepted by the affected Yukon First Nations but not accepted by Government, to direct that the costs of the panel under 2.4 be paid by one or more of the parties to the dispute.

REFERENCED CLAUSES:
Chapter 2 Schedule B 3.1, 3.2;

Cross reference
3.3, 3.4, 4.0, 5.1

RESPONSIBLE PARTY:
Government and Champagne and Aishihik First Nations

PARTICIPANT/LIAISON:
Overlapping YFNs

OBLIGATIONS ADDRESSED:
Government shall make best efforts: to ensure that provisions substantially the same as this schedule are included in the Yukon First Nation Final Agreement of an Overlapping Yukon First Nation; and to conclude the Yukon First Nation Final Agreement of each Overlapping Yukon First Nation within 10 years of the Effective Date of this Agreement. Government shall not agree in an Overlapping Yukon First Nation Final Agreement to provisions which resolve conflicts or inconsistencies between that Yukon First Nation Final Agreement and this Agreement in any manner other than as set out in this schedule, without the consent of the Champagne and Aishihik First Nations.

REFERENCED CLAUSES:
Chapter 2 Schedule B 5.2, 5.3

RESPONSIBLE PARTY:
Champagne and Aishihik First Nations

PARTICIPANT/LIAISON:
Overlapping Yukon First Nation

OBLIGATIONS ADDRESSED:
A trapline which is situated more than 50 percent in an Overlapping Area and which might otherwise be designated as a Category 1 Trapline in accordance with 16.11.0 shall not be so designated until:

• more than 50 percent of that trapline is situated in the Champagne and Aishihik First Nations Traditional Territory; or
• the Champagne and Aishihik First Nations and the Overlapping Yukon First Nation agree.

REFERENCED CLAUSES:
Chapter 2 Schedule B 6.1;

Cross reference
16.11.0

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
Champagne and Aishihik First Nations

OBLIGATIONS ADDRESSED:
Government shall Consult with the Champagne and Aishihik First Nations respecting any matter in an Overlapping Area which may affect the rights of Champagne and Aishihik People or the Champagne and Aishihik First Nations set out in this Agreement but which, pursuant to 4.1.1 to 4.1.5, do not apply in an Overlapping Area.

REFERENCED CLAUSES:
Chapter 2 Schedule B 7.1;

Cross reference
4.1.1 - 4.1.5

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:
Yukon Enrollment Commission, Dispute Resolution Panel, Government

OBLIGATIONS ADDRESSED:
Upon dissolution of an Enrollment Committee the Yukon First Nation shall have the powers and responsibilities to:

• maintain, update and amend the official enrollment list for that Yukon First Nation after the initial official enrollment list has been published by the Enrollment Commission;
• deliver to the Yukon the official enrollment list on each anniversary of the dissolution of the Enrollment Committee;
• decide promptly upon all applications received, and advise all Persons in writing of the Enrollment Commission or the Dispute Resolution Panel's disposition of their application;
• supply application forms to any Person wishing to apply for enrollment;
• establish its own procedures;
• publish its own procedures; and
• publicize and provide information in respect of the enrollment process to members of the Yukon First Nation.

REFERENCED CLAUSES:
3.9.3;

Cross reference
3.12.1

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:
Enrollment Commission, Dispute Resolution Board, Government

OBLIGATIONS ADDRESSED:
After the dissolution of an Enrollment Committee, a Person seeking enrollment as a Yukon Indian Person, and a Person making application pursuant to 3.3.2 or 3.3.3 shall apply to the appropriate Yukon First Nation which shall determine, according to this chapter, whether such Person or the Person on whose behalf the application is being made, is entitled to be enrolled under its Yukon First Nation Final Agreement.

If the Yukon First Nation rejects the application or fails or refuses to make a decision within 120 days, then an appeal shall lie to either:

• the Enrollment Commission, if it has not been dissolved pursuant to 3.10.4; or
• a single arbitrator appointed by the chairperson of the Dispute Resolution Board.

Upon a decision to enroll a Person under 3.10.1, the Yukon First Nation shall provide written notice to Government. Such enrollment shall not come into effect until 30 days following Government's receipt of such notice or, in the event of a dispute, until a determination has been made pursuant to 3.11.0.

REFERENCED CLAUSES:
3.10.1, 3.10.2, 3.10.3;

Cross reference
3.11.3

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
The reservation or notation with respect to all Land Set Aside selected pursuant to 4.2.2 shall be cancelled by the Department of Indian Affairs and Northern Development.

Subject to 4.2.2, reservations or notations with respect to Land Set Aside which is not selected by a Yukon First Nation shall be cancelled by the Department of Indian Affairs and Northern Development whether or not the Land Set Aside was identified under 4.2.1.

REFERENCED CLAUSES:
4.2.3, 4.2.4

RESPONSIBLE PARTY:
Land Titles Office or any successor

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Each Yukon First Nation shall register in the Land Titles Office as soon as practicable its Title to Fee Simple Settlement Land and its Fee Simple Title in the Mines and Minerals in and under Category A Settlement Land.

No fee or charge shall be payable in respect of the initial registration by a Yukon First Nation of its title to Fee Simple Settlement Land and its fee simple title in the Mines and Minerals in and under Category A Settlement Land.

REFERENCED CLAUSES:
5.2.3, 5.2.4;

Cross reference
Chapter 15 (Surveys)

Planning Assumptions

1. In majority of cases, the Land Titles Office already holds adequate surveys for Settlement Land parcels that exist in fee simple. It will be the responsibility of CAFN to provide the LTO with any other information it requires to complete that title transfer.
2. In some cases fee simple title may have been originally registered in the LTO using only Metes and Bounds descriptions. This is no longer accepted as an adequate description with which to register a parcel of land in fee simple title. These parcels will be surveyed in accordance with Chapter 15.

RESPONSIBLE PARTY:
Land Titles Office or any successor

PARTICIPANT/LIAISON:
CAFN, Mining Recorder

OBLIGATIONS ADDRESSED:
Each Yukon first Nation shall register in the Land Titles Office as soon as practicable its title to Fee Simple Settlement Land and its fee simple title in the Mines and Minerals in and under Category A Settlement Land.

No fee or charge shall be payable in respect of the initial registration by a Yukon First Nation of its title to Fee Simple Settlement Land and its fee simple title in the Mines and Minerals in and under Category A Settlement Land.

REFERENCED CLAUSES:
5.2.3, 5.2.4;

Cross reference
Chapter 15 (Surveys)

Planning Assumption

1. Survey of Category A Settlement Land, as necessary to register the Mineral interest, will be required in order to register the fee simple title to the Mines and Minerals in and under Category A Settlement Land.

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
CAFN, Land Titles Office or any successor.

OBLIGATIONS ADDRESSED:
The boundaries of the Settlement Land of a Yukon First Nation shall be defined pursuant to Chapter 15 - Definition of Boundaries and Measurement of Areas of Settlement Land.

Plans of survey confirmed in accordance with chapter 15 - Definition of Boundaries and Measurement of Areas of Settlement Land shall be deposited in the Land Titles Office and any system established under 5.5.1.4 applicable to the Settlement Land dealt with in the survey.

REFERENCED CLAUSES:
5.3.2, 5.3.3

Planning Assumption

1. The LTO will develop a system for receiving plans of survey deposited pursuant to this clause.

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Where Category A Settlement Land is subject to an Existing Mineral Right or to a surface lease, existing at the date the affected land became Settlement Land, held by a Mineral Right holder, Government shall account for and pay to the affected Yukon First Nation as soon as practicable from time to time:

• any Royalty received by Government for production after the date the land became Settlement Land in respect of that Existing Mineral Right; and
• any non-refunded rents received by Government which were payable after the date the land became Settlement Land in respect of that Existing Mineral Right and of any surface lease, existing at the date the affected land became Settlement Land, held by a Mineral Right holder.

REFERENCED CLAUSES:
5.6.3, 5.6.3.1, 5.6.3.2;

Cross reference 5.6.5

Planning Assumption

1. For the purposes of this provision, "the date the affected land became Settlement Land" will be the Effective Date.

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Where Category B Settlement Land or Fee Simple Settlement Land is subject to a surface lease, existing at the date the affected land became Settlement Land, held by a Mineral Right holder, Government shall account for and pay to the affected Yukon First Nation as soon as practicable from time to time, any non-refunded rents received by Government which were payable after the date the land became Settlement Land in respect of that existing surface lease held by the Mineral Right holder.

REFERENCED CLAUSES:
5.6.4;

Cross reference
5.6.5

Planning Assumption

1. For the purposes of this provision, "the date the affected land became Settlement Land" will be the Effective Date.

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Government shall Consult with the affected Yukon First Nation before exercising any discretion to renew or replace an Encumbering Right, to issue a new Encumbering Right, or to set any Royalty, rent or fee described in 5.6.3, 5.6.4 and 5.6.6.

REFERENCED CLAUSES:
5.6.9;

Cross reference
Definition of "Encumbering Right" in 5.6.1 and 5.4.2

Planning Assumption

1. The nature and extent of Consultation will vary according to the issue under consideration.

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
If Legislation is amended to authorize Government to increase the term permitted for an Encumbering Right, Government shall not increase the term of that Encumbering Right pursuant to that amendment without the prior consent of the affected Yukon First Nation.

REFERENCED CLAUSES:
5.6.10;

Cross reference
5.4.2

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:
Minister

OBLIGATIONS ADDRESSED:
Subject to the consent of the Minister, a Yukon First Nation and the holder of an Encumbering Right may agree that the right be cancelled and replaced by an interest provided by the Yukon First Nation.

The Minister may only refuse to consent under 5.6.11 if:

• the holder of the Encumbering Right is in default of any obligation to Government or has outstanding unsatisfied liabilities to Government pursuant to the interest;
• the Encumbering Right was granted under the Yukon Quartz Mining Act, R.S.C. 1985, c.Y-4 and there is no "Certificate of Improvements" issued thereunder or equivalent certificate issued under any successor Legislation;
• the Encumbering Right is a claim granted under the Yukon Placer Mining Act, R.S.C. 1985, c.Y-3 and there is no plan of survey of the claim approved in accordance with that Act or equivalent approval under successor Legislation; or
• there is a Person claiming an interest in the Encumbering Right.

REFERENCED CLAUSES:
5.6.11, 5.6.12

RESPONSIBLE PARTY:
Government and/or CAFN

PARTICIPANT/LIAISON:
Surface Rights Board

OBLIGATIONS ADDRESSED:
If Government or a Yukon First Nation becomes aware of any information described in 5.7.1 which has not been disclosed prior to that Yukon First Nation ratifying its Yukon First Nation Final Agreement and which is not publicly available in the Land Titles Office, that party shall provide the other with the information, whereupon Government shall declare that:

• (a) the department or entity does not have the management, charge or direction of the land,
• (b) the reservation is cancelled, or
• (c) the Commissioner does not have administration and control of the land,

as the case may be, and, as of the date of the declaration, the Settlement Land shall not be subject to such management, charge or direction, reservation or administration and control and no compensation shall be payable to the Yukon First Nation; or

in the cases of 5.7.1.2 or 5.7.1.3(b), that, with the agreement of the affected Yukon First Nation, the land described in 5.7.1.2 or 5.7.l.3(b) remains Settlement Land subject to the reservation and, as of the date of the declaration, Government shall provide compensation as determined pursuant to 7.5.0 to the Yukon First Nation for any diminution in the value of the Settlement Land resulting from the continuation of the reservation after the date of the declaration, and the Settlement Land shall be subject to the reservation.

REFERENCED CLAUSES: 5.7.4;

Cross reference
7.5.0

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:
Land Titles Office or any successor

OBLIGATIONS ADDRESSED:
Where land which is or was subject to the operation of 5.10.0 is reacquired by a Yukon First Nation in fee simple, whether including or excluding the Mines and Minerals, that Yukon First Nation may declare the land to be Settlement Land and thereafter the land shall be Settlement Land of the following category:

• Category A Settlement Land when Mines and Minerals are included and the land had previously been Category A Settlement Land;
• Category B Settlement Land when Mines and Minerals other than Specified Substances are not included and the land had previously been Category B Settlement Land; or
• Fee Simple Settlement Land when Mines and Minerals other than Specified Substances are not included and the land had previously been Fee Simple or Category A Settlement Land, except that the cession, release and surrender of any aboriginal claim, right, title or interest in respect of the land shall not be affected.

REFERENCED CLAUSES:
5.12.1

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:
Land Titles Office or any successor

OBLIGATIONS ADDRESSED:
A Yukon First Nation may deregister a Parcel of Category A Settlement Land which is registered in the Land Titles Office and is free and clear of any interest in land recognized in Law, other than:

• the reservations and exceptions set out in 5.4.2; and
• the reservations to the Crown and exceptions which apply to a grant of federally administered Crown Land under the Territorial Lands Act, R.S.C. 1985, c.T-7 other than the reservations set out in paragraphs 13(a) and (b) or 15(a) of that Act.

A Yukon First Nation may deregister a Parcel of Category B Settlement Land which is registered in the Land Titles Office and is free and clear of any interest in land recognized in Law other than:

• the reservations and exceptions set out in 5.4.2; and
• the reservations to the Crown and exceptions which apply to a grant of federally administered Crown Land under the Territorial Lands Act, R.S.C. 1985, c.T-7.

REFERENCED CLAUSES:
5.13.1, 5.13.2

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:
Surface Rights Board

OBLIGATIONS ADDRESSED:
Any person has a right of access to use a Waterfront Right-of-Way for commercial recreation purposes with the consent of the affected Yukon First Nation or failing consent, with an order of the Surface Rights Board setting out the terms and conditions of the access.

REFERENCED CLAUSES:
5.15.5, 5.15.0

RESPONSIBLE PARTY:
CAFN, Government

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Subject to 5.15.8, no Person shall establish any permanent camp or structure on a Waterfront Right-of-Way without the consent of Government and the affected Yukon First Nation.

REFERENCED CLAUSES:
5.15.7;

Cross reference
5.15.0

RESPONSIBLE PARTY:
CAFN, Yukon, Canada

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Government and a Yukon First Nation may agree in a Yukon First Nation Final Agreement or from time to time after the Effective Date of a Yukon First Nation Final Agreement to amend, revoke or reinstate a right of access provided by a Settlement Agreement to address special circumstances in respect of a specific Parcel of Settlement Land.

REFERENCED CLAUSES:
6.1.2;

Cross reference
6.1.8; 2.3.4; 2.3.5; 2.3.6

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
An outfitting concession holder shall have a right of access to use Settlement Land for outfitting until the 30th day of November following the Effective Date of this agreement and the right, during the following 30 days, to remove any of the holder's property from Settlement Land.

Nothing in 6.1.2.1 shall be construed to prevent the Champagne and Aishihik First Nations and an outfitting concession holder from entering into an agreement providing the holder with a right of access different from that set out in 6.1.2.1.

REFERENCED CLAUSES:
6.1.2.1, 6.1.2.2

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
A Yukon First Nation owes the same duty of care to a Person exercising a right of access on Undeveloped Settlement Land pursuant to Settlement Agreements as the Crown owes to a Person on unoccupied Crown Land.

REFERENCED CLAUSES:
6.1.3

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Any Person may enter upon Settlement Land in an emergency but when damage is caused, the Person shall report to the affected Yukon First Nation the location thereof as soon as practicable thereafter and shall be liable for significant damage to Settlement Land or to any improvement on Settlement Land as a result of the entry.

REFERENCED CLAUSES:
6.1.5;

Cross reference
6.1.6

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
A right of access provided by 5.15.3, 6.3.1 and 6.3.2 is subject to the conditions that there shall be no:

• significant damage to Settlement Land or to improvements on Settlement Land;
• mischief committed on Settlement Land;
• significant interference with the use and peaceful enjoyment of Settlement Land by the Yukon First Nation;
• fee or charge payable to the affected Yukon First Nation; or
• compensation for damage other than for significant damage.

REFERENCED CLAUSES:
6.1.6;

Cross reference
6.6.0, 6.1.7, 6.3.7

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:
Canada, Yukon

OBLIGATIONS ADDRESSED:
Government and a Yukon First Nation may agree from time to time to designate Undeveloped Settlement Land to be Developed Settlement Land and Developed Settlement Land to be Undeveloped Settlement Land.

REFERENCED CLAUSES:
6.1.8;

Cross reference
2.3.6, 6.1.2, 7.5.2.9, CAFA Appendix A 3.2.2

Planning Assumption

1. Maps of Settlement Land may have to be changed to indicate redesignation.

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:
Government

OBLIGATIONS ADDRESSED:
Subject to Chapter 7 - Expropriation, unless the affected Yukon First Nation otherwise agrees, any route of access on Settlement Land which may be established or improved after the Effective Date of the affected Yukon First Nation's Final Agreement shall remain Settlement Land and shall not be designated by operation of law or otherwise, as a highway or public road, notwithstanding that the route is established or improved:

• for the benefit of any Person; or
• using funds or other resources provided directly or indirectly by Government for the establishment or improvement of such route.

REFERENCED CLAUSES:
6.1.9

RESPONSIBLE PARTY:
CAFN

OBLIGATIONS ADDRESSED:
Where no right of access is provided by a Settlement Agreement, a Person has a right of access to enter, cross and make necessary stops on Undeveloped Settlement Land to reach adjacent land for commercial and non-commercial purposes with the consent of the Yukon First Nation or, failing consent, with an order of the Surface Rights Board setting out the terms and conditions of access.

REFERENCED CLAUSES:
6.3.3;

Cross reference
6.3.1, 6.3.2, 6.3.4

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:
Government

OBLIGATIONS ADDRESSED:
Any change in the terms or conditions relating to access of a licence, permit or other right of access described in 6.3.5, other than a renewal or replacement thereof shall require the consent of the affected Yukon First Nation or, failing consent, an order of the Surface Rights Board setting out the terms and conditions of access.

REFERENCED CLAUSES:
6.3.6;

Cross reference
5.6.0, 6.3.5

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
A Yukon First Nation or any Person may refer a dispute concerning the interpretation, application or alleged violation of 6.3.1, 6.3.2 or of any condition established pursuant to 6.6.0 affecting 6.3.1 or 6.3.2 to the Surface Rights Board for resolution.

REFERENCED CLAUSES:
6.3.7;

Cross reference
6.3.1, 6.3.2

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Government, its agents and contractors shall have a right of access to enter, cross and stay on Undeveloped Settlement Land and use natural resources incidental to such access to deliver, manage and maintain Government programs and projects, including but not limited to the necessary alterations of land and watercourses by earthmoving equipment for routine and emergency maintenance of transportation corridors.

The right of access provided in 6.4.1 and 6.4.2 may be exercised:

for a period of no more than 120 consecutive days for any single program or project without the consent of the affected Yukon First Nation except that notice, where reasonable, shall be given; and

REFERENCED CLAUSES:
6.4.1, 6.4.5.1;

Cross reference
6.4.3, 6.4.4, 6.6.0

Planning Assumption

1. The Parties agree that Government and CAFN may establish terms and conditions for the exercise of a right of access pursuant to 6.6.0.

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Government, its agents and contractors shall have a right of access to enter, cross and stay on Undeveloped Settlement Land and use natural resources incidental to such access to deliver, manage and maintain Government programs and projects, including but not limited to the necessary alterations of land and watercourses by earthmoving equipment for routine and emergency maintenance of transportation corridors.

The right of access provided in 6.4.1 and 6.4.2 may be exercised:

for a period of more than 120 consecutive days with the consent of the affected Yukon First Nation or, failing consent, with an order of the Surface Rights Board setting out the terms and conditions of access.

REFERENCED CLAUSES:
6.4.1, 6.4.5.2;

Cross reference
6.4.6

RESPONSIBLE PARTY:
Person authorized by Law

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
A Person authorized by Law to provide utilities for public purposes including electricity, telecommunications and municipal services shall have a right of access to enter, cross and stay on Undeveloped Settlement Land to carry out site investigations, assessments, surveys and studies in relation to proposed services after Consultation with the affected Yukon First Nation prior to exercising such access.

The right of access provided in 6.4.1 and 6.4.2 may be exercised:

for a period of no more than 120 consecutive days for any single program or project without the consent of the affected Yukon First Nation except that notice, where reasonable, shall be given; and

REFERENCED CLAUSES:
6.4.2, 6.4.5.1;

Cross reference
6.4.3, 6.4.4, 6.6.0

Planning Assumption

1. It is expected that Consultation, wherever possible, will be done within a reasonable period of time prior to access.

RESPONSIBLE PARTY:
Person authorized by Law

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
A Person authorized by Law to provide utilities for public purposes including electricity, telecommunications and municipal services shall have a right of access to enter, cross and stay on Undeveloped Settlement Land to carry out site investigations, assessments, surveys and studies in relation to proposed services after Consultation with the affected Yukon First Nation prior to exercising such access.

The right of access provided in 6.4.1 and 6.4.2 may be exercised:

for a period of more than 120 consecutive days with the consent of the affected Yukon First Nation or, failing consent, with an order of the Surface Rights Board setting out the terms and conditions of access.

REFERENCED CLAUSES:
6.4.2, 6.4.5.2;

Cross reference
6.4.6

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Any Person exercising a right of access pursuant to 6.4.1 and 6.4.2 shall be liable only for significant damage to Settlement Land and any improvements on Settlement Land caused by the exercise of such right of access. Significant damage does not include necessary alteration of Settlement Land or watercourses required to maintain transportation corridors referred to in 6.4.1.

REFERENCED CLAUSES:
6.4.4;

Cross reference
6.4.2, 6.4.1

RESPONSIBLE PARTY:
Canada, CAFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
In addition to the right of access provided by 6.4.1, the Department of National Defence has a right of access to Undeveloped Settlement Land for military manoeuvres with the consent of the affected Yukon First Nation with respect to contact persons, areas, timing, environmental protection, protection of Wildlife and habitat, land use rent, and compensation for damage caused to Settlement Land and improvements and personal property thereon, or, failing consent, with an order of the Surface Rights Board as to terms and conditions with respect to such matters.

Government shall give reasonable advance notice of military exercises or operations to inhabitants of any area to be affected.

REFERENCED CLAUSES:
6.5.1 and 6.5.3;

Cross reference
6.5.2

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:
Yukon, Canada

OBLIGATIONS ADDRESSED:
If a Yukon First Nation wishes to establish terms and conditions for the exercise of a right of access provided:

• by 5.15.3, 6.3.1, 6.3.2, 16.11.12, 18.3.1, 18.4.1 or 18.4.2; or
• by 6.4.1 or 6.4.2 where the right of access is for a period of no more than 120 consecutive days,
• the Yukon First Nation and Government shall attempt to negotiate the terms and conditions.

Failing agreement pursuant to 6.6.1, the Yukon First Nation may refer the matter to the Surface Rights Board. The Surface Rights Board may establish terms and conditions only for the exercise of a right of access which specify seasons, times, locations, method or manner of access.

REFERENCED CLAUSES:
6.6.1, 6.6.2;

Cross reference
5.5.1, 6.1.3

RESPONSIBLE PARTY:
Expropriating Authority

PARTICIPANT/LIAISON:
CAFN, Government, SRB or NEB

OBLIGATIONS ADDRESSED:
This chapter applies only to the expropriation of an interest in Settlement Land recognized in Law and held by a Yukon First Nation.

An Authority shall negotiate with the Affected Yukon First Nation the location and extent of Settlement Land to be acquired or expropriated.

When agreement of the Affected Yukon First Nation pursuant to 7.4.1 is not obtained, the following procedures shall apply:

• any expropriation of Settlement Land shall require the approval of the Governor in Council or the Commissioner in Executive Council as the case may be;
• notice of the intention of any Authority to seek approval under 7.4.3.1 shall be given to the Affected Yukon First Nation by the Authority; and
• notice of the intention shall not be given until the public hearing process under 7.6.0 or the public hearing in accordance with Legislation has been completed.

Where Settlement Land is expropriated pursuant to the National Energy Board Act, R.S.C. 1985, c.N-7, this chapter applies except that the powers of the Surface Rights Board shall be exercised by the board, committee, panel or other body authorized by the National Energy Board Act, R.S.C. 1985, c.N-7 to settle disputes in respect of expropriation.

The board, committee, panel or other body referred to under 7.7.1 shall at include at least one nominee of the Affected Yukon First Nation.

REFERENCED CLAUSES:
7.3.1, 7.4.1, 7.4.3, 7.7.1, 7.7.2;

Cross reference
7.6.0

Planning Assumptions

1. For the purposes of this Activity Plan, the "holder of a hearing" will be the body named in the expropriating statute as having the responsibility to hold public hearings respecting expropriations pursuant to the Laws of General Application. If no such body is named, or if no hearing is deemed to be required pursuant to the expropriating statute, the Surface Rights Board shall appoint a hearing panel to conduct the public hearing.
2. The process for determining and awarding compensation in respect of an expropriation is outlined in 7.5.1 to 7.5.2.10. Discussions respecting compensation may occur concurrently with the negotiations on the extent and location.

RESPONSIBLE PARTY:
Expropriating Authority

PARTICIPANT/LIAISON:
CAFN, Surface Rights Board or National Energy Board

OBLIGATIONS ADDRESSED:
An Authority shall negotiate with the Affected Yukon First Nation compensation for Settlement Land being expropriated or acquired, pursuant to this chapter.

When the agreement of the Affected Yukon First Nation pursuant to 7.5.1 is not obtained, the ... provisions [of 7.5.2] shall apply...

REFERENCED CLAUSES:
7.5.1, 7.5.2;

Cross reference
7.7.1, 7.7.2

Planning Assumption

1. Negotiations on the issue of compensation may occur concurrently with discussions on extent and location of the land proposed to be expropriated.

RESPONSIBLE PARTY:
National Energy Board

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Where Settlement Land is expropriated pursuant to the National Energy Board Act, R.S.C. 1985, c.N-7, this chapter applies except that the powers of the Surface Rights Board shall be exercised by the board, committee, panel or other body authorized by the National Energy Board Act, R.S.C. 1985, c.N-7 to settle disputes in respect of expropriation.

The board, committee, panel or other body referred to under 7.7.1 shall include at least one nominee of the Affected Yukon First Nation.

REFERENCED CLAUSES:
7.7.1, 7.7.2

Planning Assumption

1. It is possible that an expropriation pursuant to the National Energy Board Act could affect more than one Yukon First Nation. In that circumstance, the National Energy Board shall nominate at least one nominee from each affected Yukon First Nation.

RESPONSIBLE PARTY:
Authority exercising Flooding Right

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
An Authority exercising a Flooding Right over Settlement Land identified pursuant to 7.8.1 and 7.8.2 shall pay compensation to the Affected Yukon First Nation for improvements only, provided the sum of such compensation to all Affected Yukon First Nation for that hydro-electric or water storage project shall not exceed three percent of the Cost of Construction of the project.

REFERENCED CLAUSES:
7.8.3;

Cross reference
5.16.4, 7.5.2

RESPONSIBLE PARTY:
Authority exercising a Flooding Right

PARTICIPANT/LIAISON:
CAFN, Surface Rights Board

OBLIGATIONS ADDRESSED:
An Authority exercising a Flooding Right over Settlement Land, other than for those sites identified pursuant to 7.8.1 and 7.8.2, shall pay compensation pursuant to this chapter except that in assessing compensation for Land and improvements, the Surface Rights Board shall not consider 8.4.1.8 or 7.5.2.7(c) and the sum of such compensation to all Affected Yukon First Nations for all improvements shall not exceed three percent of the Cost of Construction of that hydro-electric or water storage project.

REFERENCED CLAUSES:
7.8.4

RESPONSIBLE PARTY:
Government, Affected Yukon First Nation

PARTICIPANT/LIAISON:
All affected Yukon First Nations

OBLIGATIONS ADDRESSED:
The land allocation determined under 9.3.2 for Yukon First Nation which do not have a Yukon First Nation Final Agreement may be varied by agreement in writing of all affected Yukon First Nations and Government.

REFERENCED CLAUSES:
9.3.4;

Cross reference
9.3.2

Planning Assumption

1. If the first activity arises, it will be in the context of outstanding YFNFA negotiations; once all YFNFAs have been completed, this clause will have no further effect.

RESPONSIBLE PARTY:
Canada, Yukon, CAFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
A Yukon First Nation and Government may agree to exchange Crown Land for Settlement Land and may agree that Crown Land exchanged for Settlement Land will be Settlement Land provided that any such agreement shall not affect the cession, release and surrender of any aboriginal claim, right, title or interest in respect of that Crown Land.

REFERENCED CLAUSES:
9.6.1

Planning Assumptions

1. The activities may occur in relation to any category of Settlement Land.
2. The responsibility for any costs related to survey and/or title registration will be addressed during the negotiation of the exchange.

RESPONSIBLE PARTY:
Yukon, Canada

PARTICIPANT/LIAISON:
Renewable Resources Council, CAFN, Yukon Heritage Resources Board

OBLIGATIONS ADDRESSED:
Except as provided in a Yukon First Nation Final Agreement, where Government proposes to establish a Special Management Area, Government shall refer the proposal to the affected Renewable Resources Council for its review and recommendations.

Government may refer proposals to establish historic territorial parks, national historic sites administered by the Canadian Parks Service or to designate Heritage Sites as Designated Heritage Sites to the Heritage Resources Board established pursuant to 13.5.0 instead of the affected Renewable Resources Council for its review and recommendations.

A Special Management Area may not include Settlement Land without the consent of the affected Yukon First Nation.

REFERENCED CLAUSES:
10.3.3, 10.3.4, 10.3.5;

Cross reference
10.4.1, 10.5.1, 10.5.7, 10.5.8, 10.5.9, 10.6.0, 10.7.0

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Where a Special Management Area is proposed to be established which will adversely affect rights of a Yukon First Nation under a Settlement Agreement, Government and the affected Yukon First Nation shall, at the request of either party, negotiate an agreement to:

• establish any rights, interests and benefits of the affected Yukon First Nation in the establishment, use, planning, management and administration of the Special Management Area; and
• mitigate adverse effects of the establishment of the Special Management Area on the affected Yukon First Nation.

Agreements negotiated pursuant to 10.4.1:

• shall address the rights Yukon Indian People have for Harvesting Fish and Wildlife within the Special Management Area;
• may address the economic and employment opportunities and benefits for the affected Yukon First Nation;
• may address whether, and on what terms, including provisions on management, Settlement Land may be included in the Special Management Area; and
• may include such other provisions as Government and the affected Yukon First Nation may agree.

Where Government and the affected Yukon First Nation do not agree on the terms of an agreement pursuant to 10.4.1, the parties may refer the outstanding issues to the dispute resolution process under 26.4.0.

Where mediation under 10.4.3 does not result in agreement, the government may establish the Special Management Area.

Any agreement concluded between Government and the affected Yukon First Nation pursuant to 10.4.1 may be amended according to the terms set out in that agreement.

Any agreement concluded between Government and the affected Yukon First Nation pursuant to 10.4.1 may be appended to and form part of that Yukon First Nation's Final Agreement if Government and the Yukon First Nation agree.

REFERENCED CLAUSES:
10.4.1, 10.4.2, 10.4.3, 10.4.4, 10.4.8, 10.4.9

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Notwithstanding 6.2.3.2, access by a Yukon Indian Person to a Special Management Area established pursuant to 10.4.4 for Harvesting Fish or Wildlife pursuant to a Settlement Agreement may be limited or prohibited only for reasons of Conservation, public health or public safety.

REFERENCED CLAUSES:
10.4.5;

Cross reference
6.2.3.2, 16.3.3

RESPONSIBLE PARTY:
Canada, Yukon or CAFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Government and the affected Yukon First Nation may, at any time after the establishment of a Special Management Area pursuant to 10.4.4, negotiate an agreement pursuant to 10.4.1 in respect of that Special Management Area, in which case 10.4.5 shall no longer apply to that Special Management Area.

REFERENCED CLAUSES:
10.4.6;

Cross reference
10.4.1, 10.4.4

RESPONSIBLE PARTY:
Canada or Yukon

PARTICIPANT/LIAISON:
Renewable Resources Council, Yukon Heritage Resources Board

OBLIGATIONS ADDRESSED:
Government shall prepare, or have prepared, a management plan for each Special Management Area established pursuant to a Yukon First Nation Final Agreement after the Effective Date of that Yukon First Nation Final Agreement.

Government shall make best efforts to complete the management plan within five years of the establishment of the Special Management Area.

Government shall review each management plan at least once every ten years.

The management plan and any proposed amendments thereto shall be referred before approval to the relevant Renewable Resources Council or to the Yukon Heritage Resources Board, as the case may be, for its review and recommendations.

The provisions of 16.8.0 shall apply in respect of the implementation of any recommendations made pursuant to 10.5.5.

REFERENCED CLAUSES:
10.5.2, 10.5.3, 10.5.4, 10.5.5, 10.5.6;

Cross reference
10.4.1, 10.6.1, 16.5.4, 16.8.0

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
No lands forming part of the Park shall be removed from National Park status without the consent of the Champagne and Aishihik First Nations.

REFERENCED CLAUSES:
Chapter 10 Schedule A 3.2

RESPONSIBLE PARTY:
Canada, Yukon, CAFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Subject to Laws of General Application, unless otherwise agreed to by the parties to this Agreement, Champagne and Aishihik People shall have the right to give, trade, barter, or sell to any person any Non-Edible By-Product of Fish and Wildlife that is obtained from Harvesting Furbearers or incidental to Harvesting for Subsistence pursuant to 4.1, whether limited to an allowable harvest or not.

REFERENCED CLAUSES:
Chapter 10 Schedule A 4.6

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Champagne and Aishihik First Nations

OBLIGATIONS ADDRESSED:
The exercise of rights under this schedule is subject to limitations provided for elsewhere in this schedule and to limitations provided for in Legislation enacted for purposes of Conservation, public health or public safety.

Any limitation provided for in Legislation pursuant to 4.8 must be consistent with this schedule, and must be reasonably required to achieve those purposes and may only limit those rights to the extent necessary to achieve those purposes.

Government shall Consult with the Champagne and Aishihik First Nations before imposing a limitation pursuant to 4.8.

REFERENCED CLAUSES:
Chapter 10 Schedule A 4.8;

Cross reference
16.5.4

RESPONSIBLE PARTY:
Champagne and Aishihik First Nations

PARTICIPANT/LIAISON:
Canada

OBLIGATIONS ADDRESSED:
Where in accordance with this schedule, an allowable harvest in the Park is established for a species of Freshwater Fish or Wildlife, the following provisions shall apply:

• the Champagne and Aishihik First Nations shall decide whether to allocate any part, or all, of that allowable harvest to Champagne and Aishihik People and shall notify the Park superintendent in writing of its decision;
• where the Champagne and Aishihik First Nations decides to allocate part, or all, of that allowable harvest, the notice pursuant to 4.11.1 shall specify the allocation of Freshwater Fish or the number and species of Wildlife to be harvested; and
• the right of a Champagne and Aishihik Person to Harvest Freshwater Fish or Wildlife for which an allowable harvest has been established is contingent upon that person being allocated part of the allowable harvest by the Champagne and Aishihik First Nations.

REFERENCED CLAUSES:
Chapter 10 Schedule A 4.11

RESPONSIBLE PARTY:
Champagne and Aishihik First Nations

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
The Champagne and Aishihik First Nations may manage, administer, allocate or otherwise regulate the exercise of rights of Champagne and Aishihik People under 4.0 within the Park, where not inconsistent with the regulation of those rights by Government in accordance with 4.8 and the other provisions of this schedule.

REFERENCED CLAUSES:
Chapter 10 Schedule A 4.12

RESPONSIBLE PARTY:
Champagne and Aishihik First Nations

PARTICIPANT/LIAISON:
Kluane Park Management Board, Canada

OBLIGATIONS ADDRESSED:
The Champagne and Aishihik First Nations shall establish and maintain a register of harvest information relating to Harvesting in the Park which contains a record of the allocation of Harvesting rights among Champagne and Aishihik People and a record of what is harvested, and such other harvest information as is prescribed by the Board.

The register of harvest information shall be made available to the Park superintendent on a regular and timely basis in a manner prescribed by the Board.

REFERENCED CLAUSES:
Chapter 10 Schedule A 4.13, 4.13.1;

Cross reference
16.5.1.12

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Kluane Park Management Board, CAFN

OBLIGATIONS ADDRESSED:
The Minister, after Consultation with the Board, may require Champagne and Aishihik People to obtain a permit or licence for Harvesting within the Park but no fee or charge shall be imposed by Government for such permit or licence.

Upon the request of the Champagne and Aishihik First Nations, the Minister, after Consultation with the Board, may allow the Champagne and Aishihik First Nations to issue the permits or licences referred to in 4.15.

REFERENCED CLAUSES:
Chapter 10 Schedule A 4.15

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
The Canadian Parks Service shall offer to the Champagne and Aishihik First Nations any Fish or Wildlife harvested within the Park for Park management purposes, unless such Fish or Wildlife is required for scientific or Park management purposes or as evidence in a court of law.

REFERENCED CLAUSES:
Chapter 10 Schedule A 4.16

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:
KPMB, Canada

OBLIGATIONS ADDRESSED:
A Champagne and Aishihik Person proposing to establish or expand a cabin in the Park shall make a request to the Board.

The Board shall consider the request and determine: -whether the location of the proposed cabin conforms with the Park Management Plan; and -whether the cabin is necessary for the exercise of Harvesting rights provided for in this schedule.

Following consideration of the request, the Board shall make a recommendation to the Minister.

Subject to limitations prescribed pursuant to 4.8, the Board and the Minister shall approve the request referred to in 4.18, where the cabin conforms to the Park Management Plan and is necessary for the exercise of Harvesting rights provided for in this schedule.

REFERENCED CLAUSES:
Chapter 10 Schedule A 4.18.1, 4.18.2, 4.18.4;

Cross reference
6.5-6.9.2

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Yukon, CAFN, Fish and Wildlife Management Board, Kluane National Park Management Board, Yukon Renewable Resources Council

OBLIGATIONS ADDRESSED:
The Canadian Parks Service and the Yukon shall share information on trapline use and Furbearer management, and on the harvest of other Wildlife, inside the Park and adjacent to the Park in order to coordinate the management of Furbearer populations and other Wildlife.

Government shall make best efforts to coordinate the management of Fish and Wildlife in the Park with agencies responsible for the management of Fish and Wildlife outside the Park.

REFERENCED CLAUSES:
Chapter 10 Schedule A 4.23, 7.5;

Cross reference
16.3.14.1

Planning Assumptions

1. Canadian Parks Service and Yukon shall address methods for sharing information on trapline use and Furbearer management.
2. In the second activity the affected agencies will include the Fish and Wildlife Management Board, Renewable Resources Council and the Kluane National Park Management Board, pursuant to the coordination requirement in 16.3.14.1.

RESPONSIBLE PARTY:
CAFN

Participant/Liaison:
KPMB, Canada

Obligations Addressed:
The Champagne and Aishihik First Nations shall be responsible for allocating trapping opportunities in the area where trapping is permitted within the Park to Champagne and Aishihik People, and for the alignment, realignment and grouping of individual traplines within that area.

The Champagne and Aishihik First Nations shall maintain a register of allocation of trapping opportunities, and shall provide a copy of that register to the Park superintendent.

Referenced Clauses:
Chapter 10 Schedule A 5.4, 5.6;

Cross reference
5.1, 5.2, 5.5

RESPONSIBLE PARTY:
Kluane Park Management Board, Canada

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
The provisions of 6.5 to 6.9.2 apply to recommendations made by the Board pursuant to 6.3.5 to 6.3.10.

The provisions of 6.5 to 6.9.3 apply to recommendations made by the Board pursuant to 6.3.1 to 6.3.4.

Unless the Minister directs otherwise, all recommendations of the Board shall be kept confidential until the process in 6.6 to 6.9 has been completed or the time for the process has expired.

REFERENCED CLAUSES:
Chapter 10 Schedule A 6.4 - 6.9

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Government shall ensure that information it issues regarding the Park shall recognize the long association of the Champagne and Aishihik First Nations with the area comprising the Park and the Champagne and Aishihik First Nations past and present use of it.

REFERENCED CLAUSES:
Chapter 10 Schedule A 7.3

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
In accordance with Government procedures on access to and duplication of records, and subject to access to information, protection of privacy and copyright Legislation and to any agreements respecting records or the information contained in them, Government shall provide the Champagne and Aishihik First Nations with a listing of all Heritage Sites directly related to the culture and heritage of the Champagne and Aishihik People, including information on their location and character, that are located within the Park and which have been documented at the Effective Date of this Agreement.

In accordance with Government procedures on access to and duplication of records, and subject to access to information, protection of privacy and copyright Legislation and to any agreements respecting records or the information contained in them, Government, within existing budgets, shall facilitate the preparation of an inventory of Moveable Heritage Resources and Heritage Sites within the Park which relate to the Champagne and Aishihik First Nations.

REFERENCED CLAUSES:
Chapter 10 Schedule A 8.3, 8.4

Planning Assumption

1. Canada (CPS) will make best efforts to meet with representatives of Champagne and Aishihik First Nations after the Effective Date of the CAFA to develop an informal process for confirming ownership of Moveable Heritage Resources in the Park and for identifying items in the Park which might relate to the Champagne and Aishihik First Nations.

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Government agrees that the Southern Tutchone language shall be included in any interpretive displays and signage that may be erected in the Park related to the history and culture of the Champagne and Aishihik First Nations.

REFERENCED CLAUSES:
Chapter 10 Schedule A 8.5;

Cross reference
13.8.1.6

Planning Assumption

1. Canada (CPS) may also include other aboriginal languages of the Champagne and Aishihik People on the displays and signage, if practicable.

RESPONSIBLE PARTY:
Canadian Parks Service, Yukon Geographical Places Names Board, CAFN or other responsible agency

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
When considering the naming or renaming of places or features located within the Park, the responsible agency shall Consult with the Champagne and Aishihik First Nations.

REFERENCED CLAUSES:
Chapter 10 Schedule A 8.6

RESPONSIBLE PARTY:
CAFN, Canada

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
There shall be no access by Park visitors to Champagne and Aishihik First Nations Burial Sites in the Park without the express written consent of the Champagne and Aishihik First Nations.

REFERENCED CLAUSES:
Chapter 10 Schedule A 8.7

RESPONSIBLE PARTY:
Canada (CPS)

PARTICIPANT/LIAISON:
Champagne and Aishihik First Nations

OBLIGATIONS ADDRESSED:
Canada, after Consultation with the Champagne and Aishihik First Nations, shall establish hiring procedures and policies with the objective that the ratio of Yukon Indian People employed in public service positions in the Park and the Kluane National Park Reserve is at least equal to the ratio of the Yukon Indian People to the total population within the Champagne and Aishihik First Nations Traditional Territory.

REFERENCED CLAUSES:
Chapter 10 Schedule A 9.1

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Champagne and Aishihik First Nation

OBLIGATIONS ADDRESSED:
The Canadian Parks Service shall provide the Champagne And Aishihik First Nations with a right of first refusal to accept any contract offered by the Canadian Parks Service for the use of horses in the Park, which right of first refusal shall be offered in the following manner:

• the Canadian Parks Service shall provide notice to the Champagne and Aishihik First Nations specifying the terms and conditions of the contract;
• where the Champagne and Aishihik First Nations does not tender acceptance, the Canadian Parks Service may offer the contract publicly on the same terms and conditions specified in the notice pursuant to 9.3.1; and
• if the contract offered publicly is not accepted, the Canadian Parks Service may re-offer the contract on new terms and conditions in accordance with the procedure set out 9.3.

The Canadian Parks Service shall provide the Champagne and Aishihik First Nations with a right of first refusal to accept any contract offered by the Canadian Parks Service for the construction of trails or construction or maintenance of roads in the Park, which right of first refusal shall be offered in the following manner:

• the Canadian Parks Service shall provide notice to the Champagne and Aishihik First Nations specifying the terms and conditions of the contract;
• where the Champagne and Aishihik First Nations does not tender acceptance within 30 days, the Canadian Parks Service may offer the contract publicly on the same terms and conditions specified in the notice pursuant to 9.4.1; and
• if the contract offered publicly is not accepted, the Canadian Parks Service may re-offer the contract on new terms and conditions in accordance with the procedure set out in 9.4.

REFERENCED CLAUSES:
Chapter 10 Schedule A 9.3, 9.4

Planning Assumption

1. CAFN is not precluded from entering into the public tender.

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Champagne and Aishihik First Nations

OBLIGATIONS ADDRESSED:
The Champagne and Aishihik First Nations shall have the right of first refusal to any new licences issued by the Canadian Parks Service for the commercial operation of private sector motor-assisted boat tours permitted in the Park under the Park Management Plan.

• The motor-assisted boat tours referred to in 9.6 do not include commercial rafting operations which may be carried on in the Park.

The Champagne and Aishihik First Nations shall have the right of first refusal to any new licence or permit issued by the Canadian Parks Service for commercial operation of a regularly scheduled motor vehicle shuttle service to destinations within the Park permitted by the Park Management Plan.

• In this section, motor vehicle means land based motor assisted vehicular transportation.

The Champagne and Aishihik First Nations shall have the right of first refusal to any new licence or permit issued by the Canadian Parks Service to develop and operate any retail outlets which may be permitted in Canadian Parks Service facilities located in the Champagne and Aishihik First Nations Traditional Territory.

REFERENCED CLAUSES:
Chapter 10 Schedule A 9.6, 9.7, 9.8;

Cross reference
10.3 to 10.9, 26.4.0

Planning Assumption

1. CAFN shall not be precluded from applying for licences or permits that are publicly available.

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Champagne and Aishihik First Nations

OBLIGATIONS ADDRESSED:
If the Canadian Parks Service establishes a quota for commercial river rafting opportunities which originate and finish on the Alsek River, the Champagne and Aishihik First Nations shall have a right of first refusal to acquire new licences or permits as follows:

• in the first year that the Canadian Parks Service establishes a quota, the Canadian Parks Service shall offer to the Champagne and Aishihik First Nations:
  • the number of licences or permits equal to 25 percent of the quota issued by the Canadian Parks Service, less the number of licences or permits which are required to allow existing operations which are held by a Champagne and Aishihik Firm to operate at their then existing level, or
  • the number of licences or permits which remains after the then existing operators which have commercial river rafting opportunities which start and finish on the Alsek River have received the permits or licences which are required to allow the existing operators to operate at their then existing level, whichever is less; and
• in the second year, and each year thereafter, the Canadian Parks Service shall offer to the Champagne and Aishihik First Nations any new licences or permits issued by the Canadian Parks Service from time to time until the Champagne and Aishihik First Nations and Champagne and Aishihik Firms together have been allocated 25 percent of the quota in effect from time to time.

REFERENCED CLAUSES:
Chapter 10 Schedule A 9.9;

Cross reference
10.3 to 10.10, 26.4.0

Planning Assumptions

1. The quota described in this clause has been established; therefore, the CAFN are eligible for these licences by the Effective Date.
2. A definition of existing commercial river rafting operators will be established in consultation with the CAFN and the industry in order to give effect to this provision.

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Kluane National Park Management Board

OBLIGATIONS ADDRESSED:
The Canadian Parks Service shall Consult with the Board in deciding whether there should be a limit, or a change to an existing limit, on the number of licences or permits for commercial wilderness rafting opportunities in the Park, and on any terms and conditions or changes to the terms and conditions that should apply to those licences or permits.

REFERENCED CLAUSES:
Chapter 10 Schedule A 10.1

RESPONSIBLE PARTY:
CAFN, Yukon

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
A Heritage Resources management plan (the "Plan") for Sha'washe shall be prepared jointly by the Champagne and Aishihik First Nations and Government and recommended to the Champagne and Aishihik First Nations and the Minister within one year of the Effective Date of this Agreement.

The Plan shall be submitted to the Champagne and Aishihik First Nations and the Minister for their joint approval.

Where the Champagne and Aishihik First Nations and the Minister fail to agree on the Plan, the matter shall be referred to dispute resolution under 26.3.0.

The approved Plan, the approved amendments to the Plan and matters resolved pursuant to 3.8 and 3.12 shall be implemented by the Champagne and Aishihik First Nations and the Minister.

REFERENCED CLAUSES:
Chapter 10, Schedule B 3.1, 3.7, 3.8, 3.13;

Cross reference
Chapter 10 Schedule B 3.2, 3.3, 3.4, 3.5, 3.6, 3.9, and 4.4; 13.8.1.6

Planning Assumption

1. The workplan discussions in the initial meeting will identify timelines, budgetary and other resources required and each party's participation in the process of developing the management plan. CAFN's financial obligations in the development of the management plan will be limited to the costs of its participation in the process of developing the management plan.

RESPONSIBLE PARTY:
CAFN, Yukon

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
The parties to this Agreement may agree from time to time to review and amend the Plan.

The preparation of amendments to the Plan shall include a process for public consultation.

Subject to 3.12, amendments to the Plan shall require the joint approval of the Champagne and Aishihik First Nations and the Minister.

Where the Champagne and Aishihik First Nations and the Minister fail to agree on an amendment to the Plan, the matter shall be referred to dispute resolution under 26.3.0.

The approved Plan, the approved amendments to the Plan and matters resolved pursuant to 3.8 and 3.12 shall be implemented by the Champagne and Aishihik First Nations and the Minister.

REFERENCED CLAUSES:
Chapter 10 Schedule B 3.9, 3.10, 3.11, 3.12, 3.13

Planning Assumption

1. Discussions in the initial meeting will identify timelines, budgetary and other resources required and each party's participation in carrying out the review.

RESPONSIBLE PARTY:
Yukon, CAFN

OBLIGATIONS ADDRESSED:
Government shall provide adequate parking on the east side of the Klukshu River for users of Sha'washe and the Surrounding Area, and shall provide adequate access to the Tatshenshini River for rafters at a point on the Tatshenshini River upstream from the Klukshu River.

The Champagne and Aishihik First Nations may provide a wilderness-oriented campsite for river rafters on Champagne and Aishihik First Nations Settlement Land downstream from Sha'washe.

Government shall provide adequate signage in the area east of the Klukshu River to inform users of Sha'washe and the Surrounding Area of the rules and restrictions regarding use of the area.

REFERENCED CLAUSES:
Chapter 10 Schedule B 4.1, 4.2, 4.3

Planning Assumption

1. The first activity has been completed.

RESPONSIBLE PARTY:
Government, Champagne and Aishihik First Nations, other affected Yukon First Nations

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Settlement Agreements shall provide for regionally based Regional Land Use Planning Commissions with one third representation by nominees of Yukon First Nations, one third representation by nominees of Government, and one third representation based on the demographic ratio of Yukon Indian People to the total population in a planning region.

Specific Provision

In the event a Regional Land Use Planning Commission is established for a planning region which includes any part of the Champagne and Aishihik First Nations Traditional Territory, it shall be composed of one-third nominees of the Champagne and Aishihik First Nations and the other Yukon First Nations whose Traditional Territories are included in the planning region, one-third nominees of Government, and one-third nominees appointed in accordance with 11.4.2.2.

Government, the Champagne and Aishihik First Nations and the other Yukon First Nations whose Traditional Territories are included in the planning region shall agree on who may nominate each of the last one-third of the nominees to the Regional Land Use Planning Commission referred to in 11.4.2.1 based upon the demographic ratio of Yukon Indian People to the total population in the planning region.

The Champagne and Aishihik First Nations and the other Yukon First Nations whose Traditional Territories are included in the planning region shall determine the Yukon First Nation nominees to the Regional Land Use Planning Commission.

Failing agreement pursuant to 11.4.2.2 or determination under 11.4.2.3, Government, the Champagne and Aishihik First Nations or any Yukon First Nation whose Traditional Territory is included in the planning region may refer the matter to the dispute resolution process under 26.3.0.

REFERENCED CLAUSES:
11.4.2

RESPONSIBLE PARTY:
Minister

PARTICIPANT/LIAISON:
Regional Land Use Planning Commission, CAFN, other affected YFNs, affected Yukon Communities, other federal departments

OBLIGATIONS ADDRESSED:
A Regional Land Use Planning Commission shall forward its recommended regional land use plan to Government and each affected Yukon First Nation.

Government, after Consultation with any affected Yukon First Nation and any affected Yukon community, shall approve, reject or propose modifications to that part of the recommended regional land use plan applying on Non-Settlement Land.

If Government rejects or proposes modifications to the recommended plan, it shall forward either the proposed modifications with written reasons, or written reasons for rejecting the recommended plan to the Regional Land Use Planning Commission, and thereupon:

• the Regional Land Use Planning Commission shall reconsider the plan and make a final recommendation for a regional land use plan to Government, with written reason; and
• Government shall then approve, reject or modify that part of the plan recommended under 11.6.3.1 applying on Non-Settlement Land, after Consultation with any affected Yukon First Nation and any affected Yukon community.

REFERENCED CLAUSES:
11.6.1, 11.6.2, 11.6.3

Planning Assumption

1. To the extent practicable, Government and CAFN will undertake the necessary consultation with respect to Non-Settlement and Settlement Land aspects of the plan in a coordinated fashion.

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:
Regional Land Use Planning Commission, Canada, Yukon

OBLIGATIONS ADDRESSED:
A Regional Land Use Planning Commission shall forward its recommended regional land use plan to Government and each affected Yukon First Nation.

Each affected Yukon First Nation, after Consultation with Government, shall approve, reject or propose modifications to that part of the recommended regional land use plan applying to the Settlement Land of that Yukon First Nation.

If an affected Yukon First Nation rejects or proposes modifications to the recommended plan, it shall forward either the proposed modifications with written reasons, or written reasons for rejecting the recommended plan to the Regional Land Use Planning Commission, and thereupon:

• the Regional Land Use Planning Commission shall reconsider the plan and make a final recommendation for a regional land use plan to that affected Yukon First Nation, with written reason; and
• the affected Yukon First Nation shall then approve, reject or modify that part of the plan recommended under 11.6.5.1 after Consultation with Government.

REFERENCED CLAUSES:
11.6.1, 11.6.4, 11.6.5

Planning Assumption

1. To the extent practicable, Government and CAFN will undertake the necessary Consultation with respect to Non-Settlement and Settlement Land aspects of the plan in a coordinated fashion.

RESPONSIBLE PARTY:
Government and CAFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
If Government and Yukon First Nation agree to develop a sub-regional or district land use plan jointly, the plan shall be developed in accordance with the provisions of this chapter.

If Government initiates the development of a sub-regional or district land use plan by a planning body, the planning body established to prepare that plan shall prepare a budget for the preparation of the plan which shall be subject to review by Government, and Government shall pay those expenses which it approves.

REFERENCED CLAUSES:
11.8.4, 11.9.4;

Cross reference
11.8.1, 11.8.2

Planning Assumption

1. The joint preparation of sub-regional and/or district land use plans will occur in a manner consistent with Government and CAFN policies which may be in place from time to time.

RESPONSIBLE PARTY:
CAFN

PARTICIPANT LIAISON:

OBLIGATIONS ADDRESSED:
Each Yukon First Nation shall own and manage Moveable Heritage Resources and non-Moveable Heritage Resources and Non-Public Records, other than records which are the private property of any Person, found on its Settlement Land and on those Beds of waterbodies owned by that Yukon First Nation.

A Yukon First Nation or a Yukon Indian Person who is an owner of a Heritage Resource may transfer the ownership or custody of the Heritage Resource to another Yukon First Nation or to another aboriginal person.

Any granting of access to the public, third parties or Government to Settlement Land shall not divest the Yukon First Nation of the ownership or management of Heritage Resources on Settlement Land.

Yukon First Nations shall own all Documentary Heritage Resources found on Settlement Land other than Public Records or records which are the private property of any Person.

REFERENCED CLAUSES:
13.3.1, 13.4.4, 13.4.7, 13.10.8 (See also Chapter 6);

Cross reference
13.4.8

Planning Assumptions

1. Canada and Yukon will assist CAFN to access existing funding programs, including those programs designed to develop facilities to display and house Heritage Resources.
2. Yukon is taking steps to access funding to provide proper and adequate facilities necessary to clean and restore Moveable Heritage Resources.

RESPONSIBLE PARTY:
CAFN, Canada, Yukon

PARTICIPANT/LIAISON:
Yukon Heritage Resources Board

OBLIGATIONS ADDRESSED:
Subject to 13.3.5 to 13.3.7, each Yukon First Nation shall own and manage ethnographic Moveable Heritage Resources and Documentary Heritage Resources that are not Public Records and that are not the private property of any Person and that are found in its respective Traditional Territory and that are directly related to the culture and history of Yukon Indian People.

If more than one Yukon First Nation asserts ownership of a Heritage Resource pursuant to 13.3.2, they shall attempt to resolve the matter among themselves, and, failing resolution, any one of them may refer the matter to the Yukon Heritage Resources Board which shall determine ownership of the Heritage Resource in dispute.

In the event that a moveable Heritage Resource found on Non-Settlement Land in a Traditional Territory cannot be readily identified as an ethnographic object directly related to the culture and history of Yukon Indian People, that object shall be held in custody by Government until the nature of the object has been determined.

REFERENCED CLAUSES:
13.3.2, 13.3.2.1, 13.3.5 (See also 13.3.6 and 13.3.7);

Cross reference
13.4.8, 13.5.3.6, 13.6.0, Chapter 10 Schedule A 8.2

Planning Assumptions

1. Yukon and Canada will assist CAFN to access existing funding programs, including those programs designed to develop facilities to display and house Heritage Resources.
2. Yukon is taking steps to access funding to provide proper and adequate facilities necessary to clean and restore Moveable Heritage Resources.

RESPONSIBLE PARTY:
Government, Yukon First Nations

PARTICIPANT/LIAISON:
Yukon Indian People, Yukon Heritage Resources Board

OBLIGATIONS ADDRESSED:
As the Heritage Resources of Yukon Indian People are underdeveloped relative to non-Indian Heritage Resources, priority allocation of Government program resources available from time to time for Yukon Heritage Resources development and management shall, where practicable, be given to the development and management of Heritage Resources of Yukon Indian People, until an equitable distribution of program resources is achieved.

Once an equitable distribution of program resources is achieved, Heritage Resources of Yukon Indian People shall continue to be allocated an equitable portion of Government program resources allocated from time to time for Yukon Heritage Resources development and management.

REFERENCED CLAUSES:
13.4.1, 13.4.2;

Cross reference
13.5.3.5, 13.5.3.10, 13.1.0

Planning Assumptions

1. At discretion of YHRB, parties may consult with YHRB at any time during development of the terms of reference and/or of the plan.
2. The terms of reference may include:
   • an approach that recognizes the historical under-development of the Heritage Resources of Yukon Indian People;
   • criteria for evaluation of progress in achieving an equitable distribution of program resources by Government towards achieving the goals of 13.4.1 and 13.4.2;
   • development of long and short term goals, and priorities with respect to Heritage Resources development, management and equitable distribution of opportunities amongst Yukon First Nations and Traditional Territories;
   • role and participation of the parties in developing, monitoring, reviewing and amending the plan; and
   • such other matters as the parties may agree.
3. Prior to completion of the plan, the parties agree to work cooperatively to initiate steps towards achieving the objectives in 13.4.1 and 13.4.2.

RESPONSIBLE PARTY:
Canada, Yukon, CAFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Government, where practicable, shall assist Yukon First Nations to develop programs, staff and facilities to enable the repatriation of Moveable and Documentary Heritage Resources relating to the culture and history of Yukon Indian People which have been removed from the Yukon, or are retained at present in the Yukon, where this is consistent with the maintenance of the integrity of national or territorial collections.

REFERENCED CLAUSES:
13.4.3;

Cross reference
13.10.2, 13.4.8

Planning Assumptions

1. Yukon and Canada will assist CAFN to access existing funding programs, including those programs designed to develop facilities to display and house Heritage Resources.
2. Training needs arising from this clause will be addressed by the Training Policy Committee.

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Government shall Consult Yukon First Nations in the formulation of Legislation and related Government policies on Heritage Resources in the Yukon.

Yukon First Nations shall be Consulted in the formulation of any Legislation and related Government policy on Documentary Heritage Resources in the Yukon relating to Yukon Indian People.

REFERENCED CLAUSES:
13.4.5 and 13.10.3

RESPONSIBLE PARTY:
Canada, Yukon, CAFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
In accordance with Government procedures on access to and duplication of records, and subject to access to information, protection of privacy and copyright Legislation and to any agreements respecting records or the information contained in them, Government, within existing budgets, shall facilitate the preparation of an inventory of Moveable Heritage Resources and Heritage Sites which relate to Yukon First Nations.

REFERENCED CLAUSES:
13.4.8;

Cross reference
2.7.1

RESPONSIBLE PARTY:
Yukon First Nations, Yukon

PARTICIPANT/LIAISON:
Yukon Heritage Resources Board/Canada

OBLIGATIONS ADDRESSED:
The Board may make recommendations to the Minister and to Yukon First Nations on:

the development, revision and updating of a manual including definitions of ethnographic, archaeological, palaeontological and historic resources, to facilitate the management and interpretation of these resources by Government and Yukon First Nations, such manual to be developed by Yukon First Nations and Government;

REFERENCED CLAUSES:
13.5.3.6;

Cross reference
13.3.2.1, 13.3.6, 13.3.7, 13.5.4

Planning Assumptions

1. When making recommendations respecting issues affecting lands administered by the Canadian Parks Service, the Heritage Resources Board will address recommendations to the Minister of the Environment.
2. In developing a definition of ethnographic, palaeontological objects etc., it is expected that the Yukon, Yukon First Nations, and the Canadian Parks Service will agree on a single definition.

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Research or interpretive reports produced by Government or its agents regarding Yukon Heritage Resources shall be made available to the affected Yukon First Nation.

Where feasible, research reports in 13.7.1 or portions thereof, shall be made available to the public, recognizing that some reports may be restricted due to the sensitive nature of the information contained therein.

REFERENCED CLAUSES:
13.7.1 and 13.7.2;

Cross reference
2.7.1

Planning Assumption

1. Government shall make best efforts to recognize and respect the sensitivity expressed by CAFN pertaining to publication of such reports, consistent with 13.1.1.1.

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Government shall provide the Champagne and Aishihik First Nations with a listing of all Heritage Sites directly related to the culture and heritage of Champagne and Aishihik People, including information on their location and character, that are located within the Champagne and Aishihik First Nations Traditional Territory and which have been documented by Government at the Effective Date of this Agreement.

REFERENCED CLAUSES:
13.8.1.2

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Government shall inform the Champagne and Aishihik First Nations when land within the Champagne and Aishihik First Nations Traditional Territory is identified by Government as a Heritage Site directly related to the culture and heritage of Champagne and Aishihik People.

REFERENCED CLAUSES:
13.8.1.3;

Cross reference
13.5

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
When requested by the Champagne and Aishihik First Nations, Government shall consider protection within existing Legislation for a period of time of a Heritage Site directly related to the culture and heritage of Champagne and Aishihik People which is on Non-Settlement Land, Category B Settlement Land or Fee Simple Settlement Land within the Champagne and Aishihik First Nations Traditional Territory, pending a decision by the Minister whether to designate the Heritage Site as a Designated heritage Site.

Government shall Consult with the Champagne and Aishihik First Nations regarding the terms and conditions of the temporary protection which might apply to the Heritage Site pursuant to 13.8.1.4.

REFERENCED CLAUSES:
13.8.1.4, 13.8.1.5

Planning Assumption

1. The above activities should be completed as expeditiously as possible so that where interim protection is deemed to be required, it can be secured without unnecessary delays.

RESPONSIBLE PARTY:
Canada, Yukon, CAFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Management plans for Designated Heritage Sites directly related to the culture and heritage of Champagne and Aishihik People may provide for the use of Southern Tutchone or other aboriginal languages of Champagne and Aishihik People in interpretive displays and signage.

REFERENCED CLAUSES:
13.8.1.6

RESPONSIBLE PARTY:
Yukon, Canada, CAFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Government and the affected Yukon First Nation shall institute a permit system for research at any site which may contain Moveable Heritage Resources.

Government and the affected Yukon First Nation shall consider the land use activities of other resource users in the management of interpretive and research activities at Heritage Sites.

REFERENCED CLAUSES:
13.8.3 and 13.8.2;

Cross reference
13.3.1, 5.5.1

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Government shall Consult the Champagne and Aishihik First Nations before issuing a permit for research at a Heritage Site which is directly related to the culture and heritage of Champagne and Aishihik People in the Champagne and Aishihik Traditional Territory.

REFERENCED CLAUSES:
13.8.3.1;

Cross reference
13.8.3

RESPONSIBLE PARTY:
Canada, Yukon, CAFN

PARTICIPANT/LIAISON:
Yukon Heritage Resources Board

OBLIGATIONS ADDRESSED:
Access to Designated Heritage Sites shall be controlled in accordance with the terms of site management plans which have been reviewed by the Board, and approved and implemented by Government or the affected Yukon First Nation.

Government and the affected Yukon First Nation, when controlling access to Designated Heritage Sites, shall consider: the interests of permitted researchers; the interest of the general public; and the requirements of special events and traditional activities.

REFERENCED CLAUSES:
13.8.4, 13.8.5;

Cross reference
10.5.1, 10.5.2, 13.8.1, 13.8.2

Planning Assumption

1. Monitoring and enforcement of access provisions will be the responsibility of the management authority as designated in the management plans.

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:
Surface Rights Board

OBLIGATIONS ADDRESSED:
A Person who accidentally discovers a Heritage Resource on Settlement Land shall take such steps as are reasonable in all circumstances to safeguard the Heritage Resource and shall report as soon as practicable that discovery to the Champagne and Aishihik First Nations.

A Person described in 13.8.7.1 who is not exercising a right of access or a right to use Settlement Land provided for in this Agreement may only continue to disturb a Heritage Site or Moveable Heritage Resource with the consent of the Champagne and Aishihik First Nations.

A Person described in 13.8.7.1 who is exercising a right of access or a right to use Settlement Land provided for in the Champagne and Aishihik First Nations Final Agreement shall not further disturb a Heritage site or a Moveable Heritage Resource unless permitted by the Laws of General Application and that Person obtains:

(a) the consent of the Champagne and Aishihik First Nations; or

(b) failing consent, an order of the Surface rights Board setting out the terms and conditions of further disturbing of the Heritage Site or Moveable Heritage Resource.

REFERENCED CLAUSES:
13.8.7.1, 13.8.7.2 and 13.8.7.3

RESPONSIBLE PARTY:
Yukon, CAFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
The Champagne and Aishihik First Nations shall report, as soon as practicable, to Government the discovery of any Documentary Heritage Resource reported to the Champagne and Aishihik First Nations under 13.8.7.1.

Government and the Champagne and Aishihik First Nations shall attempt to agree whether a Documentary Heritage Resource described in 13.8.7.4 is a Public Record or a Non- Public Record, and, failing agreement, either may refer the matter to mediation under 26.3.0.

If a Documentary Heritage Resource is a Non-Public Record, the Champagne and Aishihik First Nations shall make reasonable efforts to determine if it is privately owned.

REFERENCED CLAUSES:
13.8.7.4, 13.8.7.5, 13.8.7.6;

Cross reference
13.8.7.1 and 26.3.0

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Government and Yukon First Nations shall each establish procedures to manage and protect Yukon First Nation Burial Sites which shall:

• restrict access to Yukon First Nation Burial Sites to preserve the dignity of the Sites;
• and provide that, subject to 13.9.2, where a Yukon First Nation Burial Site is discovered, the Yukon First Nation on whose Traditional Territory the burial site is located shall be informed, and the burial site shall not be further disturbed.

REFERENCED CLAUSES:
13.9.1, 13.9.1.1, and 13.9.1.3;

Cross reference
13.9.2

RESPONSIBLE PARTY:
Government, CAFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Government and Yukon First Nations shall each establish procedures to manage and protect Yukon First Nation Burial Sites which shall: restrict access to Yukon First Nation Burial Sites to preserve the dignity of the Sites;

where the Yukon First Nation Burial Site is on Non-Settlement Land, require the joint approval of Government and the Yukon First Nation in whose Traditional Territory the Yukon First Nation Burial Site is located for any management plans for the Yukon First Nation Burial Site; and

and provide that, subject to 13.9.2, where a Yukon First Nation Burial Site is discovered, the Yukon First Nation on whose Traditional Territory the burial site is located shall be informed, and the burial site shall not be further disturbed.

REFERENCED CLAUSES:
13.9.1, 13.9.1.1, 13.9.1.2 and 13.9.1.3

Planning Assumption

1. During the development of procedures, the parties will exchange information on any known burial sites within the CAFN Traditional Territory.

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Where a Person discovers a Yukon First Nation Burial Site in the course of carrying on an activity authorized by Government or a Yukon First Nation, as the case may be, that Person may carry on the activity with the agreement of the Yukon First Nation on whose Traditional Territory the site is located.

In the absence of agreement under 13.9.2 the Person may refer the dispute to arbitration under 26.7.0 for a determination of the terms and conditions upon which the site may be further disturbed.

REFERENCED CLAUSES:
13.9.2, 13.9.3;

Cross reference
13.9.1

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Any exhumation, examination, and reburial of human remains from a burial site of a Yukon First Nation ordered by an arbitrator under 13.9.3 shall be done by, or under the supervision of, that Yukon First Nation.

Except as provided in 13.9.2 to 13.9.4, any exhumation, scientific examination and reburial of remains from Yukon First Nation Burial sites shall be done at the discretion of the affected Yukon First Nation.

REFERENCED CLAUSES:
13.9.4 and 13.9.5;

Cross reference
13.9.1, 13.9.3

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
In accordance with Government policies and procedures on access to and duplication of records, and subject to access to information, protection of privacy and copyright Legislation and to agreements respecting the records, Government shall make available to a Yukon First Nation, for copying, Documentary Heritage Resources in Government custody relating to that Yukon First Nation.

REFERENCED CLAUSES:
13.10.2;

Cross reference
13.4.8, 2.7.1

RESPONSIBLE PARTY:
Yukon, Canada

PARTICIPANT/LIAISON:
Yukon First Nations, Yukon Indian Elders

OBLIGATIONS ADDRESSED:
Government shall, where practicable, Consult and cooperate with the affected Yukon First Nations on the management of Documentary Heritage Resources in the Yukon relating to Yukon Indian People.

Government shall Consult and cooperate with Yukon First Nations in the preparation of displays and inventories of Documentary Heritage Resources in the Yukon relating to the Yukon Indian People.

Government and Yukon First Nations may work cooperatively with Yukon Indian Elders on the interpretation of Documentary Heritage Resources relating to Yukon Indian People.

REFERENCED CLAUSES:
13.10.4, 13.10.5 and 13.10.7;

Cross reference
13.3.1, 13.3.2, 13.10.3, 13.4.3

Planning Assumptions

1. Original copies of Documentary Heritage Resources relating to Yukon Indian People will be preserved according to recognized archival standards consistent with the maintenance of the integrity of national or territorial collections and agreements with donors; duplicate copies may be produced in accordance with policies and procedures for copying documentary heritage collections (reference 13.10.2) for deposit in Yukon First Nation collections when originals remain in government custody.
2. Copies of inventories of Documentary Heritage Resources relating to Yukon Indian People will be made available to YFNs as requested.
3. Translations of Documentary Heritage Resources may be required if Elders are to be involved in their interpretation.

RESPONSIBLE PARTY:
Yukon Geographical Place Names Board

PARTICIPANT/LIAISON:
CAFN, Canada

OBLIGATIONS ADDRESSED:
When considering the naming or renaming of places or features located within the Traditional Territory of a Yukon First Nation, or when acting with a federal agency where joint jurisdiction over the naming of the place or feature exists, the Yukon Geographical Place Names Board shall Consult with that Yukon First Nation.

REFERENCED CLAUSES:
13.11.2;

Cross reference
13.11.1, 13.11.4

RESPONSIBLE PARTY:
CAFN, Canada

PARTICIPANT/LIAISON:
Yukon Geographical Place Names Board

OBLIGATIONS ADDRESSED:
A Yukon First Nation may name or rename places or geographical features on Settlement Land and such place names shall be deemed to be approved by the Yukon Geographical Place Names Board.

Traditional aboriginal place names shall be included, to the extent practicable and in accordance with map production specifications of Canada, on revised maps of the National Topographic Series.

REFERENCED CLAUSES:
13.11.3, 13.11.4;

Cross reference
13.11.1

Planning Assumption

1. It is expected that the mapping division of the Council for Yukon Indians and any CAFN controlled mapping company will investigate contract arrangements for map production with EMR.

RESPONSIBLE PARTY:
Yukon, Canada

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Government shall provide written notice to the Champagne and Aishihik First Nations of any invitation for public tenders for contracts associated with the management of a Heritage Site directly related to the history or culture of Yukon Indian People within the Champagne and Aishihik First Nations Traditional Territory.

The Champagne and Aishihik First Nations shall have the first opportunity to accept any fixed term contract offered by Government associated with the management of a Heritage Site directly related to the history and culture of Yukon Indian People within the Champagne and Aishihik First Nations Traditional Territory.

Any failure to provide written notice pursuant to 13.12.1.1 shall not affect the public tender process or the contract awards resulting therefrom.

Any failure to provide a first opportunity pursuant to 13.12.1.2 shall not affect any fixed term contract entered into associated with the management of a Heritage Site directly related to the history or culture of Yukon Indian People within the Champagne and Aishihik First Nations Traditional Territory.

REFERENCED CLAUSES:
13.12.1.1, 13.12.1.2, 13.12.1.3, 13.12.1.4;

Cross reference
13.12.1.6. 22.5.10

Planning Assumption

1. The activities above will be carried out in a manner consistent with 22.5.

RESPONSIBLE PARTY:
Yukon, Canada

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Government shall include in any contract opportunities associated with the management of a Designated Heritage Site directly related to the history and culture of Champagne and Aishihik People in the Champagne and Aishihik First Nations Traditional Territory:

(a) a criterion for the employment of Champagne and Aishihik People; and

(b) a criterion for special knowledge or experience of Champagne and Aishihik People which is related to the Designated Heritage Site.

Nothing in 13.12.1.5 shall be construed to mean that a criterion for employment or special knowledge or experience shall be the determining criterion in awarding any contract.

REFERENCED CLAUSES:
13.12.1.5 and 13.12.1.6;

Cross reference
13.12.1.1, 13.12.1.2

Planning Assumption

1. Yukon will seek input from CAFN in developing criteria for Champagne and Aishihik employment or for special Champagne and Aishihik experience or knowledge.

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
Canadian Heritage Rivers Board, CAFN

OBLIGATIONS ADDRESSED:
Government shall submit to the Board a nomination document for the Tatshenshini River before January 31, 1993, or as soon as practicable thereafter.

Government, after Consultation with the Champagne and Aishihik First Nations, shall prepare the nomination document in accordance with the Canadian Heritage Rivers System Program.

The Board shall:

• consider the nomination; and
• make a recommendation to the Ministers,

in accordance with the provisions of the Canadian Heritage Rivers System Program.

REFERENCED CLAUSES:
Chapter 13 Schedule B 2.1, 2.2, 2.3

Planning Assumption

1. The first activity has been completed.

RESPONSIBLE PARTY:
Canada, Yukon, CAFN

PARTICIPANT/LIAISON:
Canadian Heritage Rivers Board

OBLIGATIONS ADDRESSED:
If the Board recommends that the Tatshenshini River be designated as a Canadian Heritage River and the Ministers accept the nomination:

• the river shall be placed on the register of candidate Canadian Heritage Rivers; and
• Government and the Champagne and Aishihik First Nations shall jointly prepare a Management Plan for the Tatshenshini River.

Government and the Champagne and Aishihik First Nations may establish a steering committee to assist in preparing the Management Plan and the membership on the committee shall be comprised of equal representation from Government and the Champagne and Aishihik First Nations.

The Management Plan shall be submitted for approval to the Ministers of the nominating agencies in accordance with the Canadian Heritage Rivers System Program.

The approved Management Plan shall be lodged with the Canadian Heritage Rivers Board in accordance with the Canadian Heritage Rivers System Program.

REFERENCED CLAUSES:
Chapter 13 Schedule B 3.1, 3.2, 3.5, 3.6;

Cross reference
Chapter 13 Schedule B 3.3, 3.4 and 3.7

Planning Assumption

1. The workplan discussions in the initial meeting will identify timelines, budgetary and other resources required and each party's participation in the process of developing the plan.

RESPONSIBLE PARTY:
Canada, Yukon, CAFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Government and the Champagne and Aishihik First Nations may agree from time to time to review and recommend amendments to the approved Management Plan.

REFERENCED CLAUSES:
Chapter 13 Schedule B 3.7

RESPONSIBLE PARTY:
Canada, Canadian Heritage Rivers Board

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Upon receipt by the Board of the approved Management Plan, the Ministers shall formally designate the Tatshenshini River as a Canadian Heritage River.

The Board shall periodically review the status of the Tatshenshini River as a Canadian Heritage River in accordance with the provisions of the Canadian Heritage Rivers Systems Program.

REFERENCED CLAUSES:
Chapter 13 Schedule B 4.1 and 4.2

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:
Yukon Water Board

OBLIGATIONS ADDRESSED:
Where the term of a licence described in 14.7.3 is five years or more, the licensee shall have the right to apply to the Board for a renewal or replacement of the licence. The Board shall require that written notice of the application be given, in a form satisfactory to the Board, to the affected Yukon First Nation, and shall provide the affected Yukon First Nation an opportunity to be heard concerning terms and conditions to be attached to the renewal or replacement for the protection of the interest of the Yukon First Nation.

REFERENCED CLAUSES:
14.7.4;

Cross reference
14.7.3

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:
Person seeking access and Surface Rights Board

OBLIGATIONS ADDRESSED:
Unless a Person has a right of access without the consent of the affected Yukon First Nation, a Person requiring the use of Settlement Land other than the Parcel covered by that Person's interest under 14.7.1 in order to exercise a right to use Water under 14.7.1 and 14.7.3 has a right of access to use that Settlement Land with the consent of the affected Yukon First Nation or, failing consent, an order of the Surface Rights Board setting out terms and conditions of access.

REFERENCED CLAUSES:
14.7.5;

Cross reference
14.7.1, 14.7.3, 14.12.0

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:
Holder of Water Licence, Yukon Water Board

OBLIGATIONS ADDRESSED:
After three years from the Effective Date of Yukon First Nation Final Agreement and only in respect to the term following the expiry of that three year period, a Person holding a Licence described in 14.7.3 shall be liable to pay compensation under the provisions of this chapter to the Yukon First Nation in respect of the exercise of such Licence, and shall be subject to the provisions of 14.11.0 and 14.12.0.

REFERENCED CLAUSES:
14.7.8

Planning Assumptions

1. This is a one-time activity in respect of each Licence described in activity 14.7.3. Any subsequent replacement or renewal of a Licence described will be consistent with the operation of this chapter.

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
CAFN, Yukon, Government of the Northwest Territories, Government of British Columbia, Government of Alaska

OBLIGATIONS ADDRESSED:
Government shall make best efforts to negotiate Water management agreements with other jurisdictions which share drainage basins with the Yukon.

Government shall Consult with affected Yukon First Nation with respect to the formulation of Government positions on the management of Water in a shared drainage basin within those Yukon First Nations' Traditional Territories in negotiating an agreement pursuant to 14.10.1.

REFERENCED CLAUSES:
14.10.1, 14.10.2

Planning Assumptions

1. Once negotiations have been established with another jurisdiction, affected Yukon First Nations will be kept apprised of progress towards interjurisdictional agreements and will be consulted periodically pursuant to this clause on the formulation of government positions.
2. Affected Yukon First Nations will be consulted pursuant to this clause during discussions related to the amendment of any Water management agreement that is reached.
3. It is acknowledged that current arrangements for the negotiation of Water management agreements between jurisdictions include the participation of affected Yukon First Nations in the briefing and preparation for negotiations and in the negotiation sessions.

RESPONSIBLE PARTY:
CAFN, Yukon Indian Person

PARTICIPANT/LIAISON:
Yukon Water Board

OBLIGATIONS ADDRESSED:
When determining the amount and terms of compensation to be paid to Yukon First Nation pursuant to this chapter, the Board shall consider:

• the effect of the Water Use on the Yukon First Nation's Use of Water on or adjacent to its Settlement Land;
• the effect of the Water Use on the Yukon First Nation's Settlement Land, taking into account any cultural or special value of the land to the Yukon First Nation;
• the nuisance, inconvenience and noise caused by the Water Use to the Yukon First Nation on Settlement Land;
• the increment of the Water alteration caused by the Water Use;
• the duration of any of the above; and
• any other factors set out in the Northern Inland Waters Act, R.S.C. 1985, c.N-25.

In a determination pursuant to 14.12.3, of compensation payable to Yukon First Nation, the loss or damage suffered by the Yukon First Nation for activity contrary to 14.8.1 shall include the loss or damage suffered by a Yukon Indian Person enrolled under that Yukon First Nation Final Agreement, but shall not include loss or damage compensable pursuant to 14.9.2.

In determining loss or damage suffered by a Yukon Indian Person under 14.12.4, the Board shall consider:

• the effect of the Water Use on the Yukon Indian Person's Use of Water on or adjacent to the affected Yukon First Nation's Settlement Land;
• the effect of the Water Use on Fish and Wildlife Harvesting by the Yukon Indian Person enrolled under that Yukon First Nation Final Agreement;
• the increment of the Water alteration caused by the Water Use;
• the duration of any of the above; and
• any other factors set out in the Northern Inland Waters Act, R.S.C. 1985, c.N-25.

When determining the amount and terms of compensation to be paid to a Yukon Indian Person pursuant to 14.9.2, the Board shall consider:

• subject to 14.12.6.2, the effect of the unlawful Use of Water on the Yukon Indian Person's Traditional Use of Water in that Yukon Indian Person's Traditional Territory;
• the effect of the unlawful Use of Water on a Yukon Indian Person's Traditional Use in relation to traditional heritage, culture and spiritual purposes, but only on or adjacent to the Settlement Land of the Yukon First Nation under whose Yukon First Nation Final Agreement that Yukon Indian Person is enrolled;
• the incremental effect of the unlawful Use of Water on the Yukon Indian Person's Traditional Use;
• the cost to the Yukon Indian Person of mitigation of damage caused to Settlement Land and restoration of Settlement Land for the Traditional Use;
• the duration of any of the above; and

REFERENCED CLAUSES:
14.12.3, 14.12.4, 14.12.5, 14.12.6;

Cross reference
14.2.1, 14.12.2, 14.12.7 - 14.12.10

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Settlement Land Committees (SLC), Yukon, CAFN, Land Titles Office.

OBLIGATIONS ADDRESSED:
The boundaries of Settlement Land shall be surveyed in accordance with the instructions of the Surveyor General and dealt with by an official plan confirmed pursuant to the Canada Lands Surveys Act, R.S.C. 1985, c.L-6.

Standards of accuracy, techniques and specifications for the survey of Settlement Land shall be in accordance with the Manual of Instructions for the Survey of Canada Lands and other general or specific instructions issued by the Surveyor General from time to time.

The Surveyor General shall have the discretion to adjust boundaries of Settlement Land in order to reduce survey costs, subject to agreement of the Settlement Land Committee.

The Surveyor General has statutory responsibility for and control over all legal surveys arising out of Settlement Agreements.

Final decisions and ultimate responsibility concerning survey of Settlement Land rests with Canada and such decisions shall be taken in Consultation with the Yukon and the Council for Yukon Indians.

REFERENCED CLAUSES:
15.2.1, 15.2.3, 15.2.4, 15.2.5;

Cross reference
5.3.2, 5.3.3, 15.2.6, 15.2.7, 15.2.8, 15.2.10, 15.4.2.1, 15.4.3, 15.7.1, 22.3.4

Planning Assumption

1. The survey program initially established will be reviewed annually by Canada. If the review indicates a need to vary the program or to vary from the survey priorities determined by the Settlement Land Committees, Yukon and CYI will be consulted before a final decision to vary is taken. An Activity Plan for this consultation appears in the UFA Implementation Plan for 15.2.9.

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Settlement Land Committee (SLC), Yukon, CAFN, Land Titles Office

OBLIGATIONS ADDRESSED:
Each Settlement Land Committee shall, in accordance with the principles described in 15.3.5, be responsible for:

• the identification and selection of Site Specific Settlement Land out of Proposed Site Specific Settlement Land; and
• determining the priorities for the survey of all Settlement Land; and
• indication to the Surveyor General of portions of boundaries, if any, of those Special Management Areas which should be considered for definition by survey in order to better serve the mutual interests of the Yukon First Nation and the public.

In determining the priorities for the identification and selection of Site Specific Settlement Land and for the survey of all Settlement Land, the Settlement Land Committee shall have regard to the following principles:

• the priorities of the Yukon First Nation;
• efficiency and economy; and
• the necessity to clarify boundaries because of imminent public or private development on adjacent lands.

Where a Settlement Land Committee does not reach agreement under 15.3.4.1 or 15.3.4.2, Government, the affected Yukon First Nation or the Committee may refer the matter to the dispute resolution process under 26.3.0

Where the dispute arises under 15.3.4.1, the arbitrator shall select either the final position proposed by Government or the final position proposed by the Yukon First Nation.

Each Settlement Land Committee shall indicate and identify any critical features intended to be enclosed in Settlement Land.

REFERENCED CLAUSES:
15.3.4, 15.3.5, 15.3.8, 15.3.9, 15.4.5;

Cross reference
26.3.0

Planning Assumption

1. In the case of a disagreement, best efforts will be made to resolve issues prior to a referral to dispute resolution.

RESPONSIBLE PARTY:
Settlement Land Committee (SLC)

PARTICIPANT/LIAISON:
Yukon Indian People, Canada, Yukon

OBLIGATIONS ADDRESSED:
During the period described in 15.3.6:

• each Settlement Land Committee shall receive requests relating to the use and enjoyment of Proposed Site Specific Settlement Land by Yukon Indian People;
• each Settlement Land Committee shall determine whether it is practicable to give effect to such requests and shall recommend to Canada or to the Yukon, as the case may be, that it take such steps as the Committee considers appropriate; and
• Government undertakes to take such steps as it considers practicable to give effect to the recommendations of the Settlement Land Committee.

REFERENCED CLAUSES:
15.3.7;

Cross reference
15.3.6

Planning Assumption

1. It is expected that the SLC's primary considerations in assessing requests for use and enjoyment will be the provisions of paragraph 15.3.6 and any implications for survey requirements which may arise from the request.

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Settlement Land Committee (SLC), Yukon, CAFN, Land Titles Office

OBLIGATIONS ADDRESSED:
Prior to the confirmation of an official plan by the Surveyor General or the approval of an administrative or explanatory plan, written approval from the Yukon First Nation shall be obtained by the Settlement Land Committee to ensure that the Yukon First Nation is satisfied that the parcel as surveyed conforms either to the area originally selected or as modified by the Surveyor General pursuant to 15.2.4 and 15.6.1. The plan and a copy of the surveyor's report shall be reviewed by the Settlement Land Committee for conformance with the original land selection before recommending it to the Yukon First Nation.

If the Yukon First Nation rejects the recommendation by the Settlement Land Committee, the disagreement shall be referred to the dispute resolution process under 26.3.0, and the Surveyor General or his representative shall have standing as a party to the dispute. The resulting decision may direct that the costs of a resurvey be borne by one or more of the parties to the dispute.

REFERENCED CLAUSES:
15.6.6, 15.6.7;

Cross reference
5.2.3, 5.2.4, 15.6.8

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Champagne and Aishihik First Nations

OBLIGATIONS ADDRESSED:
In evaluating any competitive proposal, bid or tender for the survey of Champagne and Aishihik First Nations Settlement Land, Canada shall include among the factors for consideration, Champagne and Aishihik Person employment, Champagne and Aishihik Person ownership or equity investment in the firm submitting the proposal, bid or tender, and in any subcontractor to that firm.

The determination of the qualifications and experience appropriate for the survey of Champagne and Aishihik First Nations Settlement Land shall be set out in the economic development opportunities plan required by 22.3.1.

(a) Government and the Champagne and Aishihik First Nations may agree on the determination of qualifications and experience appropriate for the survey pending the completion of the economic development opportunities plan required by 22.3.1.

Nothing in 15.7.1.1 shall be construed to mean that the criterion for Champagne and Aishihik Person employment or ownership or equity investment shall be the determining criteria in awarding any contract.

REFERENCED CLAUSES:
15.7.1.1, 15.7.1.2, 15.7.1.3;

Cross reference
22.3.1

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
CAFN, Yukon Indian People

OBLIGATIONS ADDRESSED:
Where economic opportunities and benefits are associated with the survey of Settlement Land, Yukon First Nation shall have access to these opportunities and benefits. Any contract issued for the survey of Settlement Land shall contain the condition that Yukon Indian People and Yukon First Nation businesses with the necessary qualifications and experience shall be given first consideration in providing technical and support services associated with the contract. A list of Yukon First Nation businesses and Yukon Indian People interested in providing such services to potential contractors for such surveys of a Yukon First Nation's Settlement Land shall be included with all requests for proposals, and documentary proof the Yukon First Nation's businesses and Yukon Indian People were given first consideration shall form part of a contractor's proposal.

REFERENCED CLAUSES:
15.7.2;

Cross reference
22.5.4, 22.5.6, 22.5.8, 22.5.9; Annex D

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Government shall Consult with the affected Yukon First Nation before imposing a limitation pursuant to 16.3.3.

REFERENCED CLAUSES:
16.3.3.2;

Cross reference
16.3.9, 16.3.10, 16.5.4, 16.7.16

Planning Assumption

1. Any proposed amendments that result in a limitation of the rights of Yukon Indian People under Chapter 16 will involve a level of Consultation that is commensurate with the importance of this issue to Yukon First Nations.

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
CAFN and other affected Yukon First Nations

OBLIGATIONS ADDRESSED:
Canada shall make reasonable efforts to ensure that when issues involving Fish and Wildlife management arise in international negotiations, the interests of affected Yukon First Nations are represented.

REFERENCED CLAUSES:
16.3.5;

Cross reference
16.5.4

Planning Assumption

1. Canada may also liaise with a number of public fish and wildlife management structures, depending on the subject matter, including: Renewable Resources Council, Fish and Wildlife Management Board, Salmon-Sub Committee, North Slope Wildlife Management Advisory Council, Porcupine Caribou Management Board and others.

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Yukon, CAFN

OBLIGATIONS ADDRESSED:
Government shall make best efforts to amend the Game Export Act, R.S. l985, c. G-1 to enable the transport of Wildlife products for traditional non-commercial purposes across borders with Alaska, British Columbia and the Northwest Territories.

No tax, duty or such other fees or royalties shall be imposed by Government in respect of the export of Wildlife products under 16.3.7.

REFERENCED CLAUSES:
16.3.7 and 16.3.8;

Cross reference
16.7.16

Planning assumption

1. The Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, R.S.C. 1992, c.52 was assented to by Parliament on December 17, l992 and is expected to be proclaimed in early 1994. This Act repeals the Game Export Act R.S.C. 1985, c. G-1 and allows the Governor in Council to make regulations under section 21 with respect to circumstances in which persons may be exempted from holding permits and on a number of other issues. It is anticipated that upon proclamation, there will be regulations to comply with the requirements of 16.3.7.

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Fish and Wildlife Management Board, Renewable Resources Council, Kluane National Park Management Board, CAFN, Yukon

OBLIGATIONS ADDRESSED:
The responsible agencies, the Board and the Councils shall make best efforts to coordinate the management of Fish and Wildlife populations which cross a boundary of a National Park.

REFERENCED CLAUSES:
16.3.14.1;

Cross reference
Chapter 10 Schedule A 4.23

Planning Assumption

1. Affected agencies will include the Fish and Wildlife Management Board, Renewable Resources Councils, National Park management boards and other affected Yukon First Nations.

RESPONSIBLE PARTY:
CAFN

PARTICIPANT/LIAISON:
Canada, Yukon

OBLIGATIONS ADDRESSED:
A Yukon First Nation shall provide to a Yukon Indian Person proof that the Yukon Indian Person is enrolled in that Yukon First Nation's Final Agreement, has been given consent under 16.4.2 or has been allocated a Harvesting opportunity pursuant to a Basic Needs Level allocation for Wildlife or a basic needs allocation of Salmon, as the case may be.

REFERENCED CLAUSES:
16.4.7;

Cross reference
16.4.2, 16.4.8, 16.4.9, 16.5.1.1

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Government shall Consult with a Yukon First Nation prior to taking action on Fish and Wildlife matters which may affect the Yukon First Nation's management responsibilities or the exercise of Harvesting rights under a Settlement Agreement of Yukon Indian People enrolled under that Yukon First Nation Final Agreement.

REFERENCED CLAUSES:
16.5.4;

Cross reference
16.3.3.2, 16.5.1

RESPONSIBLE PARTY:
CAFN, Yukon

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
The Champagne and Aishihik First Nations and the Minister may each nominate one additional member as an alternate member to the Council.

Subject to 16.6.2.3, an alternate member may participate in the work of the Council.

An alternate member shall only receive remuneration and travel expenses and may only vote in the absence of a member nominated by the party which nominated the alternate.

REFERENCED CLAUSES:
16.6.2.1, 16.6.2.2, 16.6.2.3

RESPONSIBLE PARTY:
Renewable Resources Council

PARTICIPANT/LIAISON:
CAFN

OBLIGATIONS ADDRESSED:
Subject to Yukon First Nation Final Agreements, and without restricting 16.6.9, each Council:

shall seek the consent of the Champagne and Aishihik First Nations before recommending the approval of proposed game farming or game ranching activities in the Champagne and Aishihik First Nations Traditional Territory, where in the Council's opinion the proposed game farming or game ranching would have an adverse effect on the Harvesting rights of the Champagne and Aishihik People under this Agreement.

REFERENCED CLAUSES:
16.6.10.13

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
Yukon First Nations, Renewable Resources Councils, Fish and Wildlife Management Board

OBLIGATIONS ADDRESSED:
The Minister shall recommend to the Yukon Legislative Assembly an amendment to the Wildlife Act, R.S.Y. 1986, c.178 to enable the Council to establish bylaws under the Wildlife Act, R.S.Y. 1986, c.178 pursuant to 16.6.10.6.

REFERENCED CLAUSES:
16.6.13;

Cross reference
16.6.10.6, 16.5.4, 16.7.16, 16.11.1