Vuntut Gwitchin First Nation Final Agreement Implementation Plan

VGFA Implementation Plan

AMONG:
Her Majesty the Queen in right of Canada, as represented by the Minister of Indian Affairs and Northern Development (hereinafter referred to as "Canada");

AND:
The Vuntut Gwitchin First Nation (hereinafter referred to as "VGFN");

AND:
The Government of the Yukon, as represented by the Government Leader (hereinafter referred to as "Yukon");

hereinafter referred to as the "Parties".

WHEREAS:

The Parties signed the document entitled the Vuntut Gwitchin First Nation Final Agreement on the 29th day of May, 1993 (such document being hereinafter referred to as the "VGFA");

Chapter 28 of the VGFA, among other things, provides for the completion and approval by the Parties of an implementation plan for the VGFA;

The representatives of the Parties have developed this Implementation Plan (hereinafter referred to as the "VGFA Plan"), which identifies certain activities to be undertaken and certain payments to be made with respect to the implementation of the VGFA;

NOW THEREFORE, the Parties agree as follows:

Acronyms

The following acronyms are used in the Annexes of this Plan:

BNA - Basic Needs Allocation

CPS - Canadian Parks Service

CWS - Canadian Wildlife Service

CYI - Council for Yukon Indians

DIAND - Department of Indian Affairs and Northern Development

DND - Department of National Defence

EMR - Department of Energy, Mines & Resources

LTO - Land Titles Office

NEB - National Energy Board

NTS - National Topographic Series

RLUPC - Regional Land Use Planning Commission

RRC - Renewable Resources Council

SGA - Self-Government Agreement

SLC - Settlement Land Committee

SMA - Special Management Area

SRB - Surface Rights Board

SSC - Salmon Sub-Committee

TAC - Total Allowable Catch

UFA - Umbrella Final Agreement

VGFA - Vuntut Gwitchin Final Agreement

VGFN - Vuntut Gwitchin First Nation

YFN - Yukon First Nation

YFNFA - Yukon First Nation Final Agreement

YGPNB - Yukon Geographical Place Names Board

YHRB - Yukon Heritage Resources Board

Annex A Specific Activities, Projects and Measures

This Annex refers to the implementation of selected generic and specific provisions of the Vuntut Gwitchin First Nation Final Agreement.

The activities described in this Annex reflect the agreement of the Parties as to the activities which the Parties expect to be performed in order to give effect to the referenced provisions.

The planning assumptions described in relation to a referenced provision reflect the circumstances considered or expected to arise in the implementation of that provision. Some planning assumptions also reflect steps or measures that the Parties assume will be taken, or limitations that may apply, in the performance of the described activities.

In the development of this Annex, it has been assumed that the Parties will deal by other means with matters required by the Vuntut Gwitchin First Nation Final Agreement to be addressed prior to the effective date of Settlement Legislation or in the negotiation or ratification of the Vuntut Gwitchin First Nation Final Agreement.

PROJECT:
UFA amendment

RESPONSIBLE PARTY:
VGFN

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 the VGFN in respect of the UFA amendments. The fourth activity indicates that VGFN 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 VGFN of an affirmative response to a proposal for amendment to be addressed.
2. It is expected that the VGFN 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 amendments to legislation to reflect amendments of the UFA.

PROJECT:
Amendment of Vuntut Gwitchin First Nation Final Agreement

RESPONSIBLE PARTY:
Canada, Yukon, Vuntut Gwitchin First Nation

PARTICIPANT/LIAISON:
Tetlit Gwich'in (Gwich'in Tribal Council)

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 or 6.1.8 of this Agreement and to any amendment to Appendix A - Settlement Land Descriptions, attached to this Agreement.

(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 or 6.1.8 of this Agreement and to any amendment to Appendix A - Settlement Land Descriptions, attached to this Agreement.

(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 Vuntut Gwitchin First Nation 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).

(c) The parties to this Agreement shall Consult the Gwich'in Tribal Council with respect to any amendment to this Agreement which may affect the Tetlit Gwich'in in the Secondary Use Area.

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

PROJECT:
Vuntut Gwitchin First Nation legal entities

RESPONSIBLE PARTY:
Vuntut Gwitchin First Nation

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 Vuntut Gwitchin First Nation 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 Vuntut Gwitchin First Nation, provided any transfer does not adversely affect the exercise of rights, obligations and liabilities set out in this Agreement.

The Vuntut Gwitchin First Nation, prior to the Effective Date of this Agreement, shall establish and thereafter maintain a public register identifying all rights, obligations and liabilities held on its behalf pursuant to 2.11.7.1.

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

REFERENCED CLAUSES:
2.11.7

PROJECT:
Resolution of overlapping claims

RESPONSIBLE PARTY:
Vuntut Gwitchin First Nation

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

OBLIGATIONS ADDRESSED:
The Vuntut Gwitchin First Nation shall make best efforts to reach agreement with each Overlapping Yukon First Nation on a contiguous boundary which eliminates the overlapping Area.

An agreement 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, 5.1

PROJECT:
Resolution of overlapping claims - Panel of Elders

RESPONSIBLE PARTY:
Vuntut Gwitchin First Nation, 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 Vuntut Gwitchin First Nation 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 which eliminates the Overlapping Area.

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 which is accepted by the Vuntut Gwitchin First Nation 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

PROJECT:
Resolution of overlapping claims - Dispute Resolution

RESPONSIBLE PARTY:
Vuntut Gwitchin First Nation, Canada, Yukon, Overlapping YFN

PARTICIPANT/LIAISON:
Person appointed to resolve dispute

OBLIGATIONS ADDRESSED:
In the absence of an approved agreement 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's Final Agreement, whichever occurs later, refer the matter of the establishment 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 Vuntut Gwich'in First Nation 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 Vuntut Gwich'in First Nation, 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

PROJECT:
Final Agreements with Overlapping Yukon First Nations

RESPONSIBLE PARTY:
Government, Vuntut Gwitchin First Nation

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.

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 Vuntut Gwitchin First Nation.

REFERENCED CLAUSES:
Chapter 2 Schedule B 5.2, 5.3

PROJECT:
Consultation on specified matters in Overlapping Area

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
Vuntut Gwitchin First Nation

OBLIGATIONS ADDRESSED:
Government shall Consult with the Vuntut Gwitchin First Nation respecting any matter in an Overlapping Area which may affect the rights of Vuntut Gwitchin or the Vuntut Gwitchin First Nation set out in this Agreement and which apply in an Overlapping Area pursuant to 4.1.

REFERENCED CLAUSES:
Chapter 2 Schedule B 6.1; Cross reference 4.1

PROJECT:
VGFN enrollment responsibilities -- After the dissolution of an Enrollment Committee

RESPONSIBLE PARTY:
VGFN

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 Government of 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

PROJECT:
Continuation of enrollment

RESPONSIBLE PARTY:
VGFN

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

PROJECT:
Cancel reservation or notation to Lands Set Aside

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
VGFN

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

PROJECT:
Registration of title to Fee Simple Settlement Land

RESPONSIBLE PARTY:
Land Titles Office or any successor

PARTICIPANT/LIAISON:
VGFN

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 VGFN 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.

PROJECT:
Registration of fee simple title in Mines and Minerals in and under Category A Settlement Lands

RESPONSIBLE PARTY:
Land Titles Office (LTO) or any successor

PARTICIPANT/LIAISON:
VGFN, 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.

PROJECT:
Define boundaries of Settlement Land; deposit plans of survey in Land Titles Office and in VGFN lands system(s)

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
VGFN, 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.

PROJECT:
Payment of royalties and non-refunded rents -- Category A Settlement Lands

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
VGFN

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.

PROJECT:
Payment of non-refunded rents -- Category B and Fee Simple Settlement Lands

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
VGFN

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.

PROJECT:
Consultation with VGFN -- Encumbering Rights

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
VGFN

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.

PROJECT:
Amendment of terms of Encumbering Rights

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
VGFN

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

PROJECT:
Cancellation and replacement of Encumbering Rights

RESPONSIBLE PARTY:
VGFN

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

PROJECT:
Discovery of information subject to disclosure

RESPONSIBLE PARTY:
Government and/or VGFN

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

PROJECT:
Reacquisition of Settlement Land

RESPONSIBLE PARTY:
VGFN

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

PROJECT:
Deregistration of Category A and Category B Settlement Land

RESPONSIBLE PARTY:
VGFN

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

PROJECT:
Consent for access to Waterfront Right-of-Way

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:
Surface Rights Board

OBLIGATIONS ADDRESSED:
Any person has a right of access to use a Waterfront Rightof- 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; Cross reference 5.15.0

PROJECT:
Consent for establishment of permanent camp on Waterfront Right-of-Way

RESPONSIBLE PARTY:
VGFN, 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

PROJECT:
Agreement to amend, revoke or reinstate a right of access provided by a Settlement Agreement

RESPONSIBLE PARTY:
VGFN, 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

PROJECT:
Determining liability of VGFN on Undeveloped Settlement Land

RESPONSIBLE PARTY:
VGFN

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

PROJECT:
Reporting damage to Settlement Land as a result of an emergency

RESPONSIBLE PARTY:
VGFN

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

PROJECT:
Conditions of access

RESPONSIBLE PARTY:
VGFN

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

PROJECT:
Designation of Undeveloped Settlement Land to be Developed Settlement Land and Developed Settlement Land to be Undeveloped Settlement Land

RESPONSIBLE PARTY:
VGFN

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, VGFA Appendix A 3.2.2

Planning Assumption

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

PROJECT:
Agreement to designate any new or improved route of access on Settlement Land as a highway or public road

RESPONSIBLE PARTY:
VGFN

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

PROJECT:
Right of access to cross Undeveloped Settlement Land

RESPONSIBLE PARTY:
VGFN

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

PROJECT:
Consent to changes in terms or conditions relating to access of a licence, permit or other right of access

RESPONSIBLE PARTY:
VGFN

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

PROJECT:
Reference to Surface Rights Board

RESPONSIBLE PARTY:
VGFN

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

PROJECT:
Exercise of right of access by Government for no more than 120 days

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
VGFN

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 VGFN may establish terms and conditions for the exercise of a right of access pursuant to 6.6.0.

PROJECT:
Exercise of right of access by Government or Person authorized by Law for more than 120 consecutive days

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
VGFN

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

PROJECT:
Exercise of right of access by Person authorized by Law for no more than 120 days

RESPONSIBLE PARTY:
Person authorized by Law

PARTICIPANT/LIAISON:
VGFN

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.

PROJECT:
Exercise of right of access by Government or Person authorized by Law for more than 120 consecutive days

RESPONSIBLE PARTY:
Person authorized by Law

PARTICIPANT/LIAISON:
VGFN

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

PROJECT:
Liability for damage to Settlement Land

RESPONSIBLE PARTY:
VGFN

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

PROJECT:
Department of National Defence right of access

RESPONSIBLE PARTY:
Canada, VGFN

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

PROJECT:
Establishment of terms and conditions of access by VGFN

RESPONSIBLE PARTY:
VGFN

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

PROJECT:
Expropriation -- Location and extent

RESPONSIBLE PARTY:
Expropriating Authority

PARTICIPANT/LIAISON:
VGFN, 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 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.

PROJECT:
Expropriation -- Compensation

RESPONSIBLE PARTY:
Expropriating Authority

PARTICIPANT/LIAISON:
VGFN, 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.

PROJECT:
Inclusion of VGFN nominee(s) on board, committee or other panel authorized by the National Energy Board Act

RESPONSIBLE PARTY:
National Energy Board

PARTICIPANT/LIAISON:
VGFN

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.

PROJECT:
Compensation payable in relation to the exercise of a Flooding Right identified in VGFA

RESPONSIBLE PARTY:
Authority exercising Flooding Right

PARTICIPANT/LIAISON:
VGFN

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 Nations 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

PROJECT:
Compensation payable in relation to the exercise of a Flooding Right not identified in VGFA

RESPONSIBLE PARTY:
Authority exercising a Flooding Right

PARTICIPANT/LIAISON:
VGFN, 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

PROJECT:
Variation of land allocation

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 Nations 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.

PROJECT:
Land exchange

RESPONSIBLE PARTY:
Canada, Yukon, VGFN

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.

PROJECT:
Crown and Settlement Land exchange -- Reservation for airport purposes

RESPONSIBLE PARTY:
Vuntut Gwitchin First Nation, Canada

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.

If Government decides, after Consultation with the Vuntut Gwitchin First Nation, that it no longer needs for airport purposes all or part of the lands described in Reservation 116012-0000-00030, it shall give notice of that decision to the Vuntut Gwitchin First Nation which notice shall fully describe the lands which Government no longer requires (the "Land").

The Vuntut Gwitchin First Nation may, within 90 days of receiving the notice set out in 9.6.1.1, give notice to Government that it wishes to obtain all or part of the Land as Fee Simple Settlement Land in exchange for Settlement Land of equivalent value, and as soon as practicable thereafter Government and the Vuntut Gwitchin First Nation shall enter into negotiations with a view to concluding such an exchange.

If, within 120 days of commencing negotiations pursuant to 9.6.1.2, Government and the Vuntut Gwitchin First Nation fail to reach agreement on the terms and conditions of the proposed exchange, either party may refer any outstanding matter between the parties to the dispute resolution process under 26.3.0.

An arbitrator appointed under 26.7.0 to resolve a dispute referred pursuant to 9.6.1.3 shall have, in addition to the other powers provided under Chapter 26 - Dispute Resolution, the power to determine the Settlement Land to be exchanged for that portion of the Land which the Vuntut Gwitchin First Nation has given notice that it wishes to obtain.

Unless otherwise agreed by the parties to the negotiations under 9.6.1.2, any land determined by an arbitrator pursuant to 9.6.1.4 must be suitable for Government use for airport purposes.

REFERENCED CLAUSES:
9.6.1.1, 9.6.1.2, 9.6.1.3, 9.6.1.4, 9.6.1.5

PROJECT:
Establishment of a Special Management Area other than those provided for in VGFA

RESPONSIBLE PARTY:
Yukon, Canada

PARTICIPANT/LIAISON:
Renewable Resources Council, VGFN, 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

PROJECT:
Proposed Special Management Areas which will adversely affect rights of the VGFN under a Settlement Agreement

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
VGFN

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

PROJECT:
Access to Special Management Area by Yukon Indian Person

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
VGFN

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

PROJECT:
Negotiate an agreement for Special Management Area where Government has established Special Management Area pursuant to 10.4.4

RESPONSIBLE PARTY:
Canada, Yukon or VGFN

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

PROJECT:
Preparation of management plan for each Special Management Area established pursuant to the VGFA

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 10 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

PROJECT:
Removal of land from Vuntut National Park

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Vuntut Gwitchin First Nation

OBLIGATIONS ADDRESSED:
No lands forming part of the Park shall be removed from National Park status without the consent of the Vuntut Gwitchin First Nation.

REFERENCED CLAUSES:
Chapter 10 Schedule A 3.2

PROJECT:
Agreement to limit right to give, trade, barter or sell Non- Edible By-Products of Fish and Wildlife

RESPONSIBLE PARTY:
Canada, Yukon, Vuntut Gwitchin First Nation

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Subject to Laws of General Application, unless otherwise agreed to by the Parties to this Agreement, the Vuntut Gwitchin 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 the Harvesting of 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

PROJECT:
Consultation prior to imposing a limitation on the exercise of rights

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Vuntut Gwitchin First Nation

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 Vuntut Gwitchin First Nation before imposing a limitation pursuant to 4.8.

REFERENCED CLAUSES:
Chapter 10 Schedule A 4.8; Cross reference 16.5.4

PROJECT:
Allocation of allowable harvest amount by Vuntut Gwitchin First Nation

RESPONSIBLE PARTY:
Vuntut Gwitchin First Nation

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 Vuntut Gwitchin First Nation shall decide whether to allocate any part, or all, of that allowable harvest to Vuntut Gwitchin and shall notify the Park superintendent in writing of its decision;
• where the Vuntut Gwitchin First Nation 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 Vuntut Gwitchin 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 Vuntut Gwitchin First Nation.

REFERENCED CLAUSES:
Chapter 10 Schedule A 4.11

PROJECT:
Manage exercise of harvesting rights

RESPONSIBLE PARTY:
Vuntut Gwitchin First Nation

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
The Vuntut Gwitchin First Nation may manage, administer, allocate or otherwise regulate:

• the exercise of rights of Vuntut Gwitchin under 4.0; and
• the Harvesting by persons who are beneficiaries of adjacent land claims settlements in Canada who have been granted authorization to Harvest within the Park pursuant to 4.22,

where not inconsistent with the regulation of those rights by Government in accordance with 4.8 and other provisions of this schedule.

REFERENCED CLAUSES:
Chapter 10 Schedule A 4.12; Cross reference 4.22

PROJECT:
Maintain register of harvest information

RESPONSIBLE PARTY:
Vuntut Gwitchin First Nation

PARTICIPANT/LIAISON:
Renewable Resources Council, Canada

OBLIGATIONS ADDRESSED:
The Vuntut Gwitchin First Nation 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 Vuntut Gwitchin and a record of what is Harvested, and such other harvest information as is prescribed by the Council.

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

REFERENCED CLAUSES:
Chapter 10 Schedule A 4.13, 4.13.1; Cross reference 16.5.1.12

PROJECT:
Consultation with the Renewable Resources Council regarding issuance of permits and/or licences

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Renewable Resources Council, Vuntut Gwitchin First Nation

OBLIGATIONS ADDRESSED:
The Minister, after Consultation with the Council, may require Vuntut Gwitchin 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 Vuntut Gwitchin First Nation, the Minister, after Consultation with the Council, may allow the Vuntut Gwitchin First Nation to issue the permits or licences referred to in 4.15.

REFERENCED CLAUSES:
Chapter 10 Schedule A 4.15

PROJECT:
Provision of Fish and Wildlife Harvest to the Vuntut Gwitchin First Nation

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Vuntut Gwitchin First Nation

OBLIGATIONS ADDRESSED:
The Canadian Parks Service shall offer to the Vuntut Gwitchin First Nation 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

PROJECT:
Establishment of cabins in Park

RESPONSIBLE PARTY:
Vuntut Gwitchin First Nation

PARTICIPANT/LIAISON:
Renewable Resources Council, Canada

OBLIGATIONS ADDRESSED:
Subject to 4.19, Vuntut Gwitchin shall have the right to establish or expand cabins, camps, caches and trails in the Park that are necessary for, and are to be used incidental to, the exercise of Harvesting rights provided for in 4.0, provided that the location of such cabins, camps, caches and trails conforms with the Park Management Plan.

Vuntut Gwitchin proposing to establish a cabin in the Park shall make a request to the Council.

The Council 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 Council shall make a recommendation to the Park superintendent.

The provisions of 6.3 to 6.7.2 apply to a recommendation of the Council pursuant to 4.19.2.

Subject to limitations prescribed pursuant to 4.8, the Council and the Park superintendent shall approve the request referred to in 4.19, 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, 4.19; Cross reference 6.3 - 6.7.2

PROJECT:
Harvest in Park by Persons other than Vuntut Gwitchin

RESPONSIBLE PARTY:
Vuntut Gwitchin First Nation

PARTICIPANT/LIAISON:
Canada

OBLIGATIONS ADDRESSED:
In accordance with 4.23 and 4.24, on the request of the Vuntut Gwitchin First Nation, the Minister may authorize persons who are not Vuntut Gwitchin to Harvest Fish and Wildlife in the Park.

Where a request pursuant to 4.22 is on behalf of a person who is not a beneficiary of an adjacent land claims settlement in Canada:

the Vuntut Gwich'in First Nation may recommend to the Minister the terms and conditions under which the authorization should be granted; and

the Minister may grant the authorization on such terms and conditions as the Minister stipulates.

Where a request pursuant to 4.22 is on behalf of a person who is not a beneficiary of an adjacent land claims settlement in Canada:

the Vuntut Gwitchin First Nation may recommend to the Minister the terms and conditions under which the authorization should be granted; and

the Minister may grant the authorization on such terms and conditions as the Minister stipulates.

Where a request pursuant to 4.22 is on behalf of a person who is a beneficiary of an adjacent land claims settlement in Canada and the Minister grants the authorization, that person may Harvest in the Park on the same basis as Vuntut Gwitchin under 4.0.

REFERENCED CLAUSES:
Chapter 10 Schedule A 4.22, 4.23, 4.24 Cross reference 4.25

PROJECT:
National Park and adjacent area Wildlife harvesting information sharing

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Yukon, VGFN, Canada (Canadian Wildlife Service), Fish and Wildlife Management Board and 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.

Shall be consistent with the management principles described in 3.1.1, 3.1.3 and 3.1.4 of Schedule C - Old Crow Flats Area, attached to Chapter 10 - Special Management Areas; and

Government shall make best efforts to coordinate the management of Fish and Wildlife in the Park with the management of Fish and Wildlife outside the Park by Government and by the Vuntut Gwitchin First Nation on Settlement Land.

REFERENCED CLAUSES:
Chapter 10 Schedule A 4.28, 7.2.5, 7.8; Cross reference 16.3.14.1

Planning Assumptions

1. In developing the protocol for coordination of management and wildlife, the Canadian Parks Service and Yukon shall address methods for sharing information on trapline use and Furbearer management.
2. In the second activity affected agencies will include the Fish and Wildlife Management Board and RRC, pursuant to the coordination requirement in 16.3.14.1.

PROJECT:
Allocation of trapping opportunities in the Park

RESPONSIBLE PARTY:
Vuntut Gwitchin First Nation

PARTICIPANT/LIAISON:
Canada

OBLIGATIONS ADDRESSED:
The Vuntut Gwitchin First Nation shall be responsible for allocating trapping opportunities in the Park to Vuntut Gwitchin, and for the alignment, realignment and grouping of individual traplines.

The Vuntut Gwitchin First Nation shall maintain a register of the allocation of trapping opportunities in the Park, and shall provide a copy of that register to the Park superintendent.

REFERENCED CLAUSES:
Chapter 10 Schedule A 5.2, 5.3; Cross reference 16.5.1.2, 16.5.1.3

PROJECT:
Procedure for specified recommendations of the Renewable Resources Council

RESPONSIBLE PARTY:
Renewable Resources Council, Canada

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
The provisions of 6.3 to 6.7.2 apply to recommendations by the Council pursuant to 6.1.1 to 6.1.4.

The provisions of 6.3 to 6.7.3 apply to recommendations made by the Council pursuant to 6.1.5 to 6.1.9.

Unless the Minister directs otherwise, all recommendations and decisions of the Council shall be kept confidential until the process in 6.4 to 6.7 has been completed or the time for the process has expired.

REFERENCED CLAUSES:
Chapter 10 Schedule A 6.2, 6.3; Cross reference 6.4 - 6.9

PROJECT:
Annual meeting of the Renewable Resources Council and the Park superintendent

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Renewable Resources Council

OBLIGATIONS ADDRESSED:
The Park superintendent or his delegate shall meet annually with the Council to Consult on matters relating to the development and management of the Park.

The meeting referred to in 6.10 shall be held in the community of Old Crow, Yukon.

REFERENCED CLAUSES:
Chapter 10 Schedule A 6.10

Planning Assumption

1. CPS will pay the costs of participation for the members of the RRC at the annual meeting.

PROJECT:
Park planning and management

RESPONSIBLE PARTY:
Canada, Renewable Resources Council

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Subject to the terms of this schedule, the Park shall be planned and managed according to the National Parks Act, R.S.C. 1985, c. N-14.

Any management plan or policy for the Park:

• shall recognize the rights under this schedule of Vuntut Gwitchin to Harvest for Subsistence;
• shall provide for the protection of Fish and Wildlife and their habitat;
• shall place particular emphasis on control, timing and location of visitor activities and means of visitor access to the park in order to provide for visitor safety and avoid conflicts with Harvesting activities of the Vuntut Gwitchin;
• shall recognize the traditional and current use of the Park by Vuntut Gwitchin;
• shall be consistent with the management principles described in 3.1.1, 3.1.3 and 3.1.4 of Schedule C - Old Crow Flats Area, attached to Chapter 10
• Special Management Areas; and
• may address other matters pertaining to the management of the Park.

REFERENCED CLAUSES:
Chapter 10 Schedule A 7.1, 7.2; Cross reference 7.8

Planning Assumption

1. CPS will pay the costs of participation for members of the RRC in preparation of the management plan and ongoing activities as related to the Park.

PROJECT:
Recognition of the association of Vuntut Gwitchin with the Park area

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
Vuntut Gwitchin First Nation

OBLIGATIONS ADDRESSED:
Government shall ensure that information it issues regarding the Park shall recognize the long association of Vuntut Gwitchin with the area comprising the Park and their past and present use of it.

REFERENCED CLAUSES:
Chapter 10 Schedule A 7.3

PROJECT:
Establishment of visitor reception facilities and information centre

RESPONSIBLE PARTY:
Vuntut Gwitchin First Nation and Canada

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Subject to land or facilities being made available in accordance with 7.6, the Canadian Parks Service shall establish the primary visitor reception and information centre and the Park operations centre within the community of Old Crow, Yukon.

The Canadian Parks Service shall Consult with the Council and the Vuntut Gwitchin First Nation before it establishes the primary reception and information centre and the Park operations centre within the community of Old Crow, Yukon.

The Vuntut Gwitchin First Nation shall make suitable land or facilities available to Government at a fair market price for the establishment of the visitor reception and information centre, the Park operations centre and for housing for Park staff within the community of Old Crow.

REFERENCED CLAUSES:
Chapter 10 Schedule A 7.5, 7.6

PROJECT:
Controlled hunt in the Park

RESPONSIBLE PARTY:
Vuntut Gwitchin First Nation

PARTICIPANT/LIAISON:
Canada

OBLIGATIONS ADDRESSED:
In the event that manipulation of Wildlife populations by way of a controlled hunt is required in the Park, Government shall provide Vuntut Gwitchin with the first opportunity to conduct the hunt in coordination with Park officials, and to use the Wildlife parts and products resulting therefrom in accordance with this schedule.

REFERENCED CLAUSES:
Chapter 10 Schedule A 7.7

PROJECT:
Listing of documented Heritage Sites

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Vuntut Gwitchin First Nation

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 Vuntut Gwitchin First Nation with a listing of all Heritage Sites directly related to the culture and heritage of the Vuntut Gwitchin, 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 Vuntut Gwitchin First Nation.

REFERENCED CLAUSES:
Chapter 10 Schedule A 8.3, 8.4

Planning Assumption

1. Canada (CPS) will make best efforts to meet with representatives of the Vuntut Gwitchin First Nation as soon as possible after the Effective Date to develop an informal process for confirming the ownership of Moveable Heritage Resources in the Park and for identifying items in the Park which might relate to the Vuntut Gwitchin First Nation.

PROJECT:
Inclusion of Gwitchin language on interpretive displays and signage

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Vuntut Gwitchin First Nation

OBLIGATIONS ADDRESSED:
Government agrees that the Gwitchin language shall be included, where practicable, in any interpretive displays and signs regarding the history and culture of the Vuntut Gwitchin that may be erected in, or related to, the Park.

REFERENCED CLAUSES:
Chapter 10 Schedule A 8.5

PROJECT:
Naming of places or features within the Park

RESPONSIBLE PARTY:
Canada, Yukon Geographical Place Names Board, Vuntut Gwitchin First Nation 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 Vuntut Gwitchin First Nation.

REFERENCED CLAUSES:
Chapter 10 Schedule A 8.6

PROJECT:
Access to Vuntut Gwitchin First Nation Burial Sites

RESPONSIBLE PARTY:
Vuntut Gwitchin First Nation, Canada

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
There shall be no access by Park visitors to Vuntut Gwitchin First Nation Burial Sites in the Park without the express written consent of the Vuntut Gwitchin First Nation.

REFERENCED CLAUSES:
Chapter 10 Schedule A 8.7

Planning Assumption

1. Information available to Park users should highlight this restriction.

PROJECT:
Preparation of impact and benefits plan

RESPONSIBLE PARTY:
Canada, Vuntut Gwitchin First Nation

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Within one year of the establishment of the Park, the Canadian Parks Service, after Consultation with the Vuntut Gwitchin First Nation, shall prepare an impacts and benefits plan which shall:

• identify potential businesses and employment opportunities that Vuntut Gwitchin may access associated with the establishment, development and operation of the Park;
• identify strategies for Vuntut Gwitchin to take advantage of the economic opportunities identified in 9.1.1; and
• identify potential negative impacts of the establishment and long term operation of the Park on the Vuntut Gwitchin and strategies for mitigating these potential negative impacts.

REFERENCED CLAUSES:
Chapter 10 Schedule A 9.1; Cross reference 9.2

Planning Assumption

1. Consultation with the VGFN shall be ongoing over the course of the preparation of the plan.

PROJECT:
Employment in the Park

RESPONSIBLE PARTY:
Canada and Vuntut Gwitchin First Nation

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
The Canadian Parks Service, after Consultation with the Vuntut Gwitchin First Nation, shall establish hiring procedures and policies with the objective that, over a reasonable period of time, at least 50 percent of the public service employment positions in the Park be filled by qualified Vuntut Gwitchin.

The Canadian Parks Service shall include, where appropriate, criteria for knowledge of Vuntut Gwitchin language, culture, and society and traditional knowledge of the Vuntut Gwitchin First Nation Traditional Territory when establishing specifications for any public service employment position for the Park in the Vuntut Gwitchin First Nation Traditional Territory.

REFERENCED CLAUSES:
Chapter 10 Schedule A 9.3, 9.4; Cross reference 9.5

PROJECT:
Contracts within the Traditional Territory related to the Park

RESPONSIBLE PARTY:
Canada and Vuntut Gwitchin First Nation

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
The Canadian Parks Service shall provide timely written notice to the Vuntut Gwitchin First Nation of any invitation by the Canadian Parks Service respecting contracts for the provision of goods and services in the Vuntut Gwitchin First Nation Traditional Territory for the development, operation and management of the Park.

The Canadian Parks Service shall provide the Vuntut Gwitchin with a right of first refusal to accept any contract offered by the Canadian Parks Service for the construction or maintenance of trails or facilities in or related to the Park within the Vuntut Gwitchin First Nation Traditional Territory in the following manner:

• the Canadian Parks Service shall provide notice to the Vuntut Gwitchin First Nation specifying the terms and conditions of the contract;
• the Vuntut Gwitchin First Nation shall have 30 days from the date the notice in 9.7.1 is received to advise the Park superintendent in writing whether it is exercising its right of first refusal under 9.7.
• if the Vuntut Gwitchin First Nation does not exercise its right of first refusal under 9.7, the Canadian Parks Service may offer the contract publicly on the same terms and conditions specified in the notice pursuant to 9.7.1; 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 9.7.

REFERENCED CLAUSES:
Chapter 10 Schedule A 9.6, 9.7

Planning Assumption

1. The notice prescribed in 9.6 should provide the Vuntut Gwitchin First Nation with sufficient time to prepare a bid on a contract if appropriate.

PROJECT:
Contract modifications

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
For any contracts tendered publicly by the Canadian Parks Service, other than the contracts referred to in 9.7, the Canadian Parks Service shall include, where appropriate, criteria for:

1. knowledge of Vuntut Gwitchin language, culture, society or traditional knowledge of the Vuntut Gwitchin First Nation Traditional Territory; and
2. the employment of Vuntut Gwitchin professional services, the use of Vuntut Gwitchin suppliers, on-the-job training or skills development for Vuntut Gwitchin,

in the specifications for the tendering of contracts related to the procurement of goods and services for the Park.

REFERENCED CLAUSES:
Chapter 10 Schedule A 9.8; Cross reference 9.9

PROJECT:
Other economic opportunities

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Vuntut Gwitchin First Nation

OBLIGATIONS ADDRESSED:
Where a non-Vuntut Gwitchin makes an application to the Canadian Parks Service for a licence to operate a business in the Park which is permitted under the Park Management Plan and which is not subject to the provisions of 11.0, the Vuntut Gwitchin First Nation shall have, in accordance with the procedures set out in 10.2 to 10.10 the preemptive option to apply for and acquire a licence to operate a business substantially similar to that described in the non- Vuntut Gwitchin application.

Upon receipt of an application by a non-Vuntut Gwitchin for a licence to operate a business in the Park, the Park superintendent shall:

• promptly provide the Vuntut Gwitchin First Nation with written notice of the application, together with a short description of,
  • the nature of business proposed, and
  • in general terms, the geographic location in the Park where the business is proposed to operate; and
• advise the applicant in writing that the application will be processed subject to and in accordance with the preemptive option procedures set out in 10.0.

The Vuntut Gwitchin First Nation shall have 30 days from the date notice is received pursuant to 10.2.1 to advise the Park superintendent in writing whether it is exercising its preemptive option under 10.0.

If the Vuntut Gwitchin First Nation advises the Park superintendent in writing that it is not exercising its preemptive option, the Park superintendent shall notify the original applicant and the Canadian Parks Service may proceed to process the original application.

If the Vuntut Gwitchin First Nation fails to advise the Park superintendent in writing within 30 days of receiving notice whether it is exercising its preemptive option, it shall be deemed to have given notice under 10.4 that it is not exercising its preemptive option.

If the notice given by the Vuntut Gwitchin First Nation pursuant to 10.3 states the Vuntut Gwitchin First Nation is exercising its preemptive option, the following provisions shall apply:

• the Vuntut Gwitchin First Nation may, within six months of receiving the notice described in 10.2.1, submit an application to the Park superintendent for a licence to operate a business substantially similar in nature and location to that proposed by the applicant referred to in 10.1; and
• the Park superintendent shall notify the original applicant that the Vuntut Gwitchin First Nation intends to exercise its preemptive option under 10.0.

If the application of the Vuntut Gwitchin First Nation is approved, the Canadian Parks Service shall issue the approved licence to the Vuntut Gwitchin First Nation and shall notify in writing the applicant referred to in 10.2.2 that its application has been declined.

If the application of the Vuntut Gwitchin First Nation is not approved, the Park superintendent shall notify the applicant referred to in 10.2.2 in writing, and the Canadian Parks Service may proceed to process its application.

If the Vuntut Gwitchin First Nation fails to submit an application in accordance with 10.6.1, it shall be deemed to have given notice that it is not exercising its preemptive option and the Canadian Parks Service may proceed to process the application of the applicant referred to in 10.2.2.

Where, after giving notice of its intention to do so, the Vuntut Gwitchin First Nation decides not to exercise its preemptive option, it shall notify the Park superintendent in writing and the Canadian Parks Service may proceed to process the application of the applicant referred to in 10.2.2.

REFERENCED CLAUSES:
Chapter 10 Schedule A 10.1 - 10.10

PROJECT:
Establishment of licence quotas in the Park

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Renewable Resources Council

OBLIGATIONS ADDRESSED:
The Canadian Parks Service shall Consult with the Council in deciding whether a quota, and if so, what quota, should be established for licences to operate a business within the Park, and on any terms and conditions that should apply to those licences.

REFERENCED CLAUSES:
Chapter 10 Schedule A 11.1

PROJECT:
Right of first refusal on commercial licences

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Vuntut Gwitchin First Nation

OBLIGATIONS ADDRESSED:
If the Canadian Parks Service establishes a quota for a business within the Park, the Vuntut Gwitchin First Nation shall have a right of first refusal to acquire new licences to operate such a business as follows:

• in the first year that the Canadian Parks Service establishes a quota within the Park, the Canadian Parks Service shall offer to the Vuntut Gwitchin First Nation:
• the number of licences equal to 50 percent of the quota established by the Canadian Parks Service, less the number of permits or licences which are required to allow existing operations which are held by a Vuntut Gwitchin Firm to operate at their then existing level, or
• the number of licences which remains after the then existing operators in the Park have received the licences which are required to allow them to operate at their then existing level,

whichever is less; and

• in the second year and each year thereafter, Government shall offer to the Vuntut Gwitchin First Nation any new licences issued by the Canadian Parks Service from time to time for opportunities within the Park until the Vuntut Gwitchin First Nation and Vuntut Gwitchin Firms together have been allocated 50 percent of the quota in effect in the Park from time to time for that business.

REFERENCED CLAUSES:
Chapter 10 Schedule A 11.2; Cross reference 12.0

PROJECT:
Establishment of Fishing Branch Ecological Reserve

RESPONSIBLE PARTY:
Canada, Yukon, VGFN

PROJECT MANAGER:

OBLIGATIONS ADDRESSED:
The boundaries of the Fishing Branch Ecological Reserve (the "Ecological Reserve") shall be as set out on map, Fishing Branch Ecological Reserve, (FBER), in Appendix B - Maps, which forms a separate volume to this Agreement.

Canada shall transfer to the Commissioner of the Yukon the administration and control of the land comprising the Ecological Reserve, excluding the mines and minerals and the right to work the mines and minerals, as soon as practicable following the Effective Date of this Agreement.

As soon as practicable following the transfer of land under 1.2, the Yukon shall establish the Ecological Reserve pursuant to the Parks Act, R.S.Y. 1986, c. 126.

No land forming part of the Ecological Reserve shall be removed from ecological reserve status under the Parks Act, R.S.Y. 1986, c. 126, without the consent of the Vuntut Gwitchin First Nation.

Government shall withdraw the mines and minerals within the Ecological Reserve from locating, prospecting and mining under the Yukon Quartz Mining Act, R.S.C. 1985, c. Y-4 and the Yukon Placer Mining Act, R.S.C. 1985, c. Y-3, and from exploration and development under the Canada Petroleum Resources Act, R.S.C. 1985, c. C-36.

REFERENCED CLAUSES:
Chapter 10 Schedule B 1.1, 1.2, 1.3, 1.4, 3.1

PROJECT:
Preparation of the management plan for Fishing Branch Ecological Reserve

RESPONSIBLE PARTY:
Yukon, VGFN

PARTICIPANT LIAISON:

OBLIGATIONS ADDRESSED:
Government and the Vuntut Gwitchin First Nation shall jointly prepare a management plan for the Ecological Reserve and recommend it to the Minister within two years of the Effective Date of this Agreement.

If Government and the Vuntut Gwitchin First Nation are unable to agree on part or all of the management plan, they shall recommend to the Minister that part of the management plan which has been prepared, if any, and, at the same time, jointly refer the outstanding matters to the Minister in writing.

The Minister shall:

accept, vary or set aside the recommendations made pursuant to 4.1 or 4.5; and

consider and decide the outstanding matters referred pursuant to 4.5,

within 60 days of the receipt of the recommendation or referral.

The Minister may extend the time provided in 4.6 by 30 days.

The Minister shall forward his decision under 4.6 to the Vuntut Gwitchin First Nation in writing.

The Yukon shall manage the Ecological Reserve in accordance with the Parks Act, R.S.Y. 1985, c. 126, and the management plan for the Ecological Reserve approved by the Minister under 4.6.

The Vuntut Gwitchin First Nation shall manage Parcels R- 5A and S-3A1 in a manner consistent with the principles in 4.2.

REFERENCED CLAUSES:
Chapter 10 Schedule B 4.1, 4.5, 4.6, 4.7, 4.8, 5.1, 7.1; Cross reference Chapter 10 Schedule B 4.2, 4.3, 4.4, 6.1; Appendix A - Description of Settlement Land, R-5A

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.

PROJECT:
Review of management plan for the Fishing Branch Ecological Reserve

RESPONSIBLE PARTY:
Yukon, VGFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
The management plan shall be reviewed jointly by Government and the Vuntut Gwitchin First Nation not later than five years after its initial approval and at least every 10 years thereafter.

REFERENCED CLAUSES:
Chapter 10 Schedule B 6.1

Planning Assumptions

1. Discussions in the meeting will identify timelines, budgetary and other resources required and each party's participation in carrying out the review.
2. This cycle of activities will repeat for all subsequent reviews, adjusting timing as required.

PROJECT:
Establishment of a habitat protection area in the area surrounding the Fishing Branch Ecological Reserve

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
VGFN, Canada

OBLIGATIONS ADDRESSED:
If Government proposes the establishment of a habitat protection area pursuant to the Wildlife Act, R.S.Y. 1986, c. 178, in the area surrounding the Ecological Reserve, the Vuntut Gwitchin First Nation shall consent to the establishment of the habitat protection area, provided that the habitat protection area is established in accordance with Chapter 10 - Special Management Areas.

If Government establishes a habitat protection area pursuant to 8.1, Government shall manage the habitat protection area in accordance with the following objectives:

to protect the Fishing Branch River;

to maintain the long term viability at natural population levels of grizzly bear (Ursus arctos) which concentrate seasonally at Bear Cave Mountain; and

to manage the Ecological Reserve and the habitat protection area as an ecological unit.

REFERENCED CLAUSES:
Chapter 10 Schedule B 8.1, 8.3; Cross reference 8.2

PROJECT:
Establishment of the Old Crow Flats Area

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Yukon, VGFN

OBLIGATIONS ADDRESSED:
The provisions of this schedule shall apply to the Old Crow Flats area (the "Area") as of the Effective Date of this Agreement.

The boundaries of the Area are set out on map, Old Crow Flats Area, (OCFA) in Appendix B - Maps, which forms a separate volume to this Agreement.

No Non-Settlement Land within the Area shall be removed from the application of this schedule without the consent of the Vuntut Gwitchin First Nation.

No Settlement Land within the Area shall be removed from the application of this schedule without the consent of Government.

Canada shall terminate any oil and gas rights or interests existing in the Area at the Effective Date of this Agreement or as soon as practicable thereafter.

If Canada has not, as of the Effective Date of this Agreement, terminated all oil and gas rights and interests existing in the Area, the moratorium on the exercise of the oil and gas rights and interests not terminated shall continue until Canada has terminated those rights or interests.

REFERENCED CLAUSES:
Chapter 10, Schedule C 1.1, 1.2, 1.3, 1.4, 4.1

Planning Assumptions

1. Canada will consult with Yukon when considering the removal of Settlement Land from within the Old Crow Flats Area.
2. All oil and gas rights and interests existing in the Old Crow Flats Area shall be terminated as of the Effective Date.

PROJECT:
Preparation of a management plan for the Old Crow Flats Area

RESPONSIBLE PARTY:
Canada, VGFN

PARTICIPANT/LIAISON:
Yukon

OBLIGATIONS ADDRESSED:
Government and the Vuntut Gwitchin First Nation shall jointly prepare a management plan for that part of the Area which is outside Vuntut National Park, which is consistent with the management principles in 3.0, and which shall be recommended to Government and the Vuntut Gwitchin First Nation for approval.

The park management plan for Vuntut National Park prepared pursuant to Schedule A - Vuntut National Park, attached to Chapter 10 - Special Management Areas, shall be the management plan for that portion of the Area within Vuntut National Park.

Government and the Vuntut Gwitchin First Nation shall make best efforts to approve a management plan within five years of the Effective Date of this Agreement.

The management plan approved by both Government and the Vuntut Gwitchin First Nation shall be the "Approved Management Plan" for the purposes of this schedule.

Until there is an Approved Management Plan, Government and the Vuntut Gwitchin First Nation shall manage their lands in the Area in a manner consistent with the management principles in 3.0.

Once there is an Approved Management Plan, Government and the Vuntut Gwitchin First Nation shall each manage their land in that part of the Area outside Vuntut National Park according to the Approved Management Plan.

REFERENCED CLAUSES:
Chapter 10 Schedule C 5.1, 5.3, 5.4, 7.1, 7.2; Cross reference Chapter 10 Schedule C 3.0, 5.2, 5.5, 7.3

Planning Assumptions

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.
2. Yukon's participation in the development of the management plan will be with respect to matters over which it has jurisdiction.

PROJECT:
Issuance of rights and interests in Mines or Minerals in the Old Crow Flats Area which is outside Vuntut National Park

RESPONSIBLE PARTY:
Canada, VGFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Neither Government nor the Vuntut Gwitchin First Nation shall issue any right or interest in the Mines or Minerals in that part of the Area outside of Vuntut National Park until there is an Approved Management Plan, or until January 2, 2012, whichever occurs first.

Where there is an Approved Management Plan, Government and the Vuntut Gwitchin First Nation may issue rights and interests in the Mines and Minerals in that part of the Area outside of Vuntut National Park, provided that such issuance is consistent with the Approved Management Plan.

Where there is no Approved Management Plan and the time period described in 6.1 has not expired, the Vuntut Gwitchin First Nation may issue rights and interests in the Mines and Minerals in Settlement Land in the Area provided:

the Vuntut Gwitchin First Nation and Government agree to the issuance of the right or interest; and

the issuance is consistent with the management principles in 3.0.

Where there is no Approved Management Plan and the time period described in 6.1 has not expired, Government may issue rights and interests in the Mines and Minerals in Non- Settlement Land in that part of the Area outside of Vuntut National Park, provided:

Government and the Vuntut Gwitchin First Nation agree to the issuance of the right or interest; and

the issuance is consistent with the management principles in 3.0.

REFERENCED CLAUSES:
Chapter 10 Schedule C 6.1, 6.2, 6.3, 6.4

PROJECT:
Review of the Approved Management Plan for the Old Crow Flats Area

RESPONSIBLE PARTY:
VGFN, Canada

PARTICIPANT/LIAISON:
Yukon

OBLIGATIONS ADDRESSED:
Unless Government and the Vuntut Gwitchin First Nation otherwise agree, Government and the Vuntut Gwitchin First Nation shall review the Approved Management Plan five years after its initial approval and every 10 years thereafter.

REFERENCED CLAUSES:
Chapter 10, Schedule C 7.3

Planning Assumptions

1. This cycle of activities will repeat for all subsequent reviews, adjusting timing as required.
2. Discussions in the meeting will identify timelines, budgetary and other resources required and each Party's participation in carrying out the review.
3. Yukon's participation in the review of the management plan will be with respect to matters over which it has jurisdiction.

PROJECT:
Nominees to a Regional Land Use Planning Commission for region including any part of the Vuntut Gwitchin First Nation Traditional Territory

RESPONSIBLE PARTY:
Government, Vuntut Gwitchin First Nation, other affected Yukon First Nations

PARTICIPANT/LIAISON:
Transboundary claimant groups

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

Subject to 11.4.2.5, any Regional Land Use Planning Commission established for a planning region which includes any part of the Vuntut Gwitchin First Nation Traditional Territory shall be composed of one-third nominees of the Vuntut Gwitchin First Nation 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.

Subject to 11.4.2.5, Government, the Vuntut Gwitchin First Nation 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.

Subject to 11.4.2.5, the Vuntut Gwitchin First Nation 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 under 11.4.2.2 or determination under 11.4.2.3, Government, the Vuntut Gwitchin First Nation 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.

The representation from a transboundary claimant group on a Regional Land Use Planning Commission shall be set out in the transboundary claimant group's Transboundary Agreement.

REFERENCED CLAUSES:
11.4.2

PROJECT:
Approval of regional land use plans by Government (Non- Settlement Land)

RESPONSIBLE PARTY:
Minister

PARTICIPANT/LIAISON:
Regional Land Use Planning Commission, VGFN, other 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 VGFN will undertake the necessary consultation with respect to Non-Settlement and Settlement Land aspects of the plan in a coordinated fashion.

PROJECT:
Approval of regional land use plans by VGFN (Settlement Land)

RESPONSIBLE PARTY:
VGFN

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 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 VGFN will undertake the necessary Consultation with respect to Non-Settlement and Settlement Land aspects of the plan in a coordinated fashion.

PROJECT:
Joint development of sub-regional or district land use plans

RESPONSIBLE PARTY:
Government and VGFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
If Government and a 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 VGFN policies which may be in place from time to time.

PROJECT:
All-weather road to Old Crow

RESPONSIBLE PARTY:
Yukon, VGFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
All-weather Road Connecting with the Community of Old Crow.

Government shall not construct on Crown Land an allweather road which connects with the community of Old Crow, as defined in 21.2.5.2, before there is an approved regional, sub-regional or district land use plan which includes recommendations on the need for, the planning of and the siting of that road.

Government shall request the participation of the Vuntut Gwitchin First Nation in the preparation of any land use plan referred to in 11.10.1.

If Government and the Vuntut Gwitchin First Nation do not agree on the composition of a planning body to prepare the plan referred to in 11.10.1, or on the terms of reference for the planning body, either Government or the Vuntut Gwitchin First Nation may refer the matter to the dispute resolution process under 26.3.0.

If, following one year after the request to participate referred to in 11.10.2, Government and the Vuntut Gwitchin First Nation have not agreed on the composition of a planning body to prepare the plan referred to in 11.10.1, or on the terms of reference for the planning body, and if the matter has not been referred to the dispute resolution process under 26.3.0, Government may proceed with the preparation of the plan referred to in 11.10.1.

REFERENCED CLAUSES:
11.10.1, 11.10.2, 11.10.3, 11.10.4; Cross reference 11.8.4, 11.9.4; Appendix A - Description of Settlement Land: R-1A, R-10A, R-11A

PROJECT:
The ownership and management of Heritage Resources on Settlement Land

RESPONSIBLE PARTY:
VGFN

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 VGFN 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.

PROJECT:
The ownership and management of ethnographic Moveable Heritage Resources and Documentary Heritage Resources which are directly related to Yukon Indian People and are found in the VGFN Traditional Territory

RESPONSIBLE PARTY:
VGFN, 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 8.1

Planning Assumptions

1. Yukon and Canada will assist VGFN 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.

PROJECT:
Allocation of Government program resources for the development and management of Heritage Resources of Yukon Indian People

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 3.5.3.5, 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.

PROJECT:
The development of programs, staff and facilities to enable the repatriation of Moveable and Documentary Heritage Resources relating to Yukon Indian People

RESPONSIBLE PARTY:
Canada, Yukon, VGFN

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 VGFN 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.

PROJECT:
Consultation with VGFN on Legislation and policies on Heritage Resources in the Yukon

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
VGFN

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

PROJECT:
The preparation of an inventory of Moveable Heritage Resources and Heritage Sites which relate to the VGFN

RESPONSIBLE PARTY:
Canada, Yukon, VGFN

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

PROJECT:
Development of a manual to include the definition of "ethnographic" and other heritage resources

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 Yukon 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.

PROJECT:
The distribution of research or interpretive reports regarding Yukon Heritage Resources

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
VGFN

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 VGFN pertaining to publication of such reports, consistent with 13.1.1.1.

PROJECT:
The provision of written inventories of sites within the Vuntut Gwitchin First Nation Traditional Territory identified as Heritage Sites.

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
VGFN

OBLIGATIONS ADDRESSED:
If, as of the Effective Date of this Agreement, Government has a prepared written inventory of sites within the Vuntut Gwitchin First Nation Traditional Territory identified by Government as Heritage Sites, Government shall make a copy of the written inventory available to the Vuntut Gwitchin First Nation.

REFERENCED CLAUSES:
13.8.1.2 (a)

PROJECT:
The interim protection of a Heritage Site directly related to the culture and heritage of Vuntut Gwitchin.

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
VGFN

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

Government shall Consult with the Vuntut Gwitchin First Nation regarding the terms and conditions of the temporary protection which might apply to the Heritage Site; and

REFERENCED CLAUSES:
13.8.1.2 (b) and 13.8.1.2 (c)

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.

PROJECT:
The identification of proposed Designated Heritage Sites within the Vuntut Gwitchin First Nation Traditional Territory.

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
VGFN

OBLIGATIONS ADDRESSED:
Government shall advise the Vuntut Gwitchin First Nation when land within the Vuntut Gwitchin First Nation Traditional Territory is identified by Government as a proposed Designated Heritage Site.

REFERENCED CLAUSES:
13.8.1.2 (d)

PROJECT:
The proposal to enter into agreements with respect to the ownership and management of Designated Heritage Sites within Vuntut Gwitchin First Nation Traditional Territory.

RESPONSIBLE PARTY:
Canada, Yukon, VGFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
The Vuntut Gwitchin First Nation and Government may enter into agreements with respect to the ownership and management of Designated Heritage Sites.

REFERENCED CLAUSES:
13.8.1.3

PROJECT:
The provision for the use of the Gwitchin language in interpretive displays and signage.

RESPONSIBLE PARTY:
Canada, Yukon, VGFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Management plans for Designated Heritage Sites directly related to the culture and heritage of Vuntut Gwitchin may provide for the use of the Gwitchin language in interpretive displays and signage.

REFERENCED CLAUSES:
13.8.1.4

PROJECT:
The management of research activities at sites which may contain Moveable Heritage Resources

RESPONSIBLE PARTY:
Yukon, Canada, VGFN

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

PROJECT:
The issue of permits for research at Heritage Sites directly related to the culture and heritage of Vuntut Gwitchin.

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
VGFN

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

REFERENCED CLAUSES:
13.8.3.1; Cross reference 13.8.3

PROJECT:
The control of access to Designated Heritage Sites

RESPONSIBLE PARTY:
Canada, Yukon, VGFN

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.

PROJECT:
The protection of Heritage Resources accidentally discovered on VGFN Settlement Land.

RESPONSIBLE PARTY:
VGFN

PARTICIPANT/LIAISON:
Surface Rights Board

OBLIGATIONS ADDRESSED:
A Person who accidentally discovers a Heritage Resource on Settlement Land of the Vuntut Gwitchin First Nation 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 Vuntut Gwitchin First Nation.

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

A Person described in 13.8.7.1 who is exercising a right of access or a right to use Settlement Land of the Vuntut Gwitchin First Nation provided for in this 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 Vuntut Gwitchin First Nation; 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

PROJECT:
The protection of Documentary Heritage Resources accidentally discovered (on Settlement Land) and reported to the Vuntut Gwitchin First Nation.

RESPONSIBLE PARTY:
Yukon, VGFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
The Vuntut Gwitchin First Nation shall report, as soon as practicable, to Government the discovery of any Documentary Heritage Resource reported to the Vuntut Gwitchin First Nation under 13.8.7.1.

Government and the Vuntut Gwitchin First Nation 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 the dispute resolution process under 26.3.0.

If a Documentary Heritage Resource is a Non-Public Record, the Vuntut Gwitchin First Nation shall make reasonable efforts to determine if it is privately owned.

REFERENCED CLAUSES:
13.8.7.4, 13.8.7.5 and 13.8.7.6; Cross reference 13.8.7.1 and 26.3.1

PROJECT:
The establishment of procedures to manage VGFN Burial Sites on Settlement Land

RESPONSIBLE PARTY:
VGFN

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

PROJECT:
The establishment of procedures to manage VGFN Burial Sites on Non-Settlement Land

RESPONSIBLE PARTY:
Government, VGFN

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 VGFN Traditional Territory.

PROJECT:
The determination of terms and conditions upon which a VGFN Burial Site may be further disturbed following its discovery

RESPONSIBLE PARTY:
VGFN

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

PROJECT:
Development of policies and procedures re: the exhumation, examination and reburial of human remains

RESPONSIBLE PARTY:
VGFN

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

PROJECT:
The provision of Documentary Heritage Resources in Government custody for copying by the VGFN

RESPONSIBLE PARTY:
Government

PARTICIPANT/LIAISON:
VGFN

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

PROJECT:
The management of Documentary Heritage Resources relating to Yukon Indian People

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 Yukon First Nations as requested.
3. Translations of Documentary Heritage Resources may be required if Elders are to be involved in their interpretation.

PROJECT:
Consultation with VGFN by the Yukon Geographical Place Names Board

RESPONSIBLE PARTY:
Yukon Geographical Place Names Board

PARTICIPANT/LIAISON:
VGFN, 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

PROJECT:
Naming of geographical features on Settlement Land and the inclusion of traditional aboriginal place names on revised maps of the NTS series

RESPONSIBLE PARTY:
VGFN, 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 Yukon First Nation-controlled mapping company will investigate contract arrangements for map production with EMR.

PROJECT:
The invitation for public tenders for contracts and the offer of fixed term contracts associated with the management of a Designated Heritage Site within the Vuntut Gwitchin First Nation Traditional Territory.

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
VGFN

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

The Vuntut Gwitchin First Nation shall have the first opportunity to accept any fixed term contract offered by Government associated with the management of a Designated Heritage Site directly related to the history and culture of Yukon Indian People within the Vuntut Gwitchin First Nation 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 13.12.1.3 shall not affect any fixed term contract entered into associated with the management of a Designated Heritage Site directly related to the history or culture of Yukon Indian People within the Vuntut Gwitchin First Nation Traditional Territory.

REFERENCED CLAUSES:
13.12.1.1, 13.12.1.3, 13.12.1.4 and 13.12.1.5; Cross reference 13.12.1.7

Planning Assumption

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

PROJECT:
The hiring of extra personnel to carry out work at the Lapierre House or Rampart House Designated Heritage Sites.

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
VGFN

OBLIGATIONS ADDRESSED:
Where the Yukon requires extra personnel to carry out work on the LaPierre House Designated Heritage Site or the Ramparts House Designated Heritage Site, the Yukon shall hire Vuntut Gwitchin who are qualified and available.

REFERENCED CLAUSES:
13.12.1.2

PROJECT:
The development of contract opportunities associated with the management of a Heritage Site directly related to the history and culture of Yukon Indian People in the Vuntut Gwitchin Traditional Territory.

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
VGFN

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 Yukon Indian People in the Vuntut Gwitchin First Nation Traditional Territory:

(a) a criterion for Vuntut Gwitchin employment; and

(b) a criterion for special Vuntut Gwitchin employment or special knowledge or experience related to the Heritage Site.

Nothing in 13.12.1.6 shall be construed to mean that a criterion for Vuntut Gwitchin knowledge or experience shall be the determining criterion in awarding any contract.

REFERENCED CLAUSES:
13.12.1.6 and 13.12.1.7; Cross reference 13.12.1.1, 13.12.1.2

Planning Assumption

1. Yukon will seek input from VGFN in developing criteria for Vuntut Gwitchin employment or for special Vuntut Gwitchin experience or knowledge.

PROJECT:
The establishment of the Lapierre House and Rampart House historic sites as Designated Heritage Sites.

RESPONSIBLE PARTY:
Canada, Yukon

PARTICIPANT/LIAISON:
VGFN

OBLIGATIONS ADDRESSED:
Canada shall transfer to the Yukon the administration and control of Lapierre House and Rampart House excepting that part of Rampart House situated within 60 feet of the Canada - United States of America (Alaska-Yukon) boundary and excepting any part of Lot One, Group 1301, Plan 3S102 CLSR 1221, LTO to which fee simple title has been raised.

The Yukon shall cause fee simple title to Lapierre House and to that part of Rampart House transferred pursuant to 2.1 to be raised in the names of the Commissioner of the Yukon and the Vuntut Gwitchin First Nation as tenants in common as soon as practicable following the transfer set out in 2.1.

The Yukon shall establish Rampart House and Lapierre House as historic sites under the Historic Resources Act, S.Y. 1991, c.8, as soon as practicable following the raising of fee simple title pursuant to 2.2.

REFERENCED CLAUSES:
Chapter 13 Schedule B 2.1, 2.2 and 2.3; Cross reference 13.8.1.1

PROJECT:
The removal of land forming part of Rampart House or Lapierre House from historic site status under the Historic Resources Act.

RESPONSIBLE PARTY:
Yukon

PARTICIPANT/LIAISON:
VGFN

OBLIGATIONS ADDRESSED:
No land forming part of Rampart House or Lapierre House shall be removed from historic site status under the Historic Resources Act S.Y. 1991, c.8, without the consent of the Vuntut Gwitchin First Nation.

REFERENCED CLAUSES:
Chapter 13 Schedule B 2.4; Cross reference 2.2

PROJECT:
The development of a management plan for Lapierre House and Rampart House.

RESPONSIBLE PARTY:
Yukon, VGFN

PARTICIPANT/LIAISON:
Yukon Heritage Resources Board

OBLIGATIONS ADDRESSED:
A management committee shall be established for Rampart House and Lapierre House, with three appointees of the Vuntut Gwitchin First Nation and three appointees of Government.

Government and the Vuntut Gwitchin First Nation shall prepare jointly a management plan for Rampart House and a management plan for Lapierre House.

Government and the Vuntut Gwitchin First Nation shall refer each proposed management plan to the Yukon Heritage Resources Board for its review and recommendations.

REFERENCED CLAUSES:
Chapter 13 Schedule B 3.1, 3.2, and 3.7; Cross reference Chapter 13 Schedule B 3.3, 3.4, 3.5, 3.6, 4.3, 5.1, 5.2

Planning Assumptions

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.
2. When developing the management plan, the parties will address the role of the management committee in managing the sites.

PROJECT:
The completion and approval of the management plan for Lapierre House and Rampart House.

RESPONSIBLE PARTY:
Yukon, VGFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Government and the Vuntut Gwitchin First Nation shall make best efforts to complete the management plans within five years of the Effective Date of this Agreement.

The Minister and the Vuntut Gwitchin First Nation shall jointly approve the management plan for Rampart House and the management plan for Lapierre House.

If the Minister and the Vuntut Gwitchin First Nation are unable to agree on the terms of a management plan, the Minister or the Vuntut Gwitchin First Nation may refer the dispute to the dispute resolution process under 26.3.0.

REFERENCED CLAUSES:
Chapter 13 Schedule B 3.6, 4.1 and 4.2; Cross reference 26.3.0

PROJECT:
The review of the management plans for Lapierre House and Rampart House.

RESPONSIBLE PARTY:
Yukon, VGFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Government and the Vuntut Gwitchin First Nation shall review each management plan no later than 10 years after its initial approval and not less than every 10 years thereafter.

REFERENCED CLAUSES:
Chapter 13 Schedule B 4.3

Planning Assumptions

1. The cycle of activities, including timing, will repeat for all subsequent reviews.
2. Discussions in the meeting will identify timelines, budgetary and other resources required and each other party's participation in carrying out the review.

PROJECT:
Amendments of the management plans for Lapierre House and Rampart House

RESPONSIBLE PARTY:
Yukon, VGFN

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Government and the Vuntut Gwitchin First Nation shall refer any proposed amendment to the management plan for Rampart House or the management plan for Lapierre House to the Yukon Heritage Resources Board for its review and recommendations.

REFERENCED CLAUSES:
Chapter 13 Schedule B 4.4; Cross reference Chapter 13 Schedule B 4.3

PROJECT:
The withdrawal of mines and minerals within Lapierre House and Rampart House from locating, prospecting and mining

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:

OBLIGATIONS ADDRESSED:
Government shall withdraw the mines and minerals within Rampart House and Lapierre House from locating, prospecting and mining under the Yukon Quartz Mining Act, R.S.C. 1985, c.Y-4 and the Yukon Placer Mining Act, R.S.C. 1985, c.Y-3, and from exploration and development under the Canada Petroleum Resources Act, R.S.C. 1985, c. C-36 (2nd Supp.).

REFERENCED CLAUSES:
Chapter 13 Schedule B 6.1

PROJECT:
Renewal or replacement of Water Licences

RESPONSIBLE PARTY:
VGFN

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

PROJECT:
Access to Settlement Land -- With consent for exercise of a Water right

RESPONSIBLE PARTY:
VGFN

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

PROJECT:
Compensation payable in relation to Licences existing on the date that land became Settlement Land

RESPONSIBLE PARTY:
VGFN

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

OBLIGATIONS ADDRESSED:
After three years from the Effective Date of a 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 Assumption

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.

PROJECT:
Shared drainage basin agreements

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
VGFN, 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 Nations 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.

PROJECT:
Preparation for Yukon Water Board compensation proceedings

RESPONSIBLE PARTY:
VGFN, Yukon Indian Person

PARTICIPANT/LIAISON:
Yukon Water Board

OBLIGATIONS ADDRESSED:
When determining the amount and terms of compensation to be paid to a 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 a 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
• any other factors set out in the Northern Inland Waters Act, R.S.C. 1985, c.N-25.

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

PROJECT:
Survey of Settlement Land boundaries

RESPONSIBLE PARTY:
Canada

PARTICIPANT/LIAISON:
Settlement Land Committee (SLC), Yukon, Yukon First Nations, 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