Kwanlin Dun First Nation Final Agreement Implementation Plan

OBLIGATIONS ADDRESSED:

2.3.1 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.

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

2.3.2.1 Canada, by the Governor in Council;

2.3.2.2 the Yukon, by the Commissioner in Executive Council; and

2.3.2.3 Yukon First Nations by the following process,

1. 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,
2. 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
3. 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).

2.3.3 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.

CROSS REFERENCED CLAUSES:
2.4.3.1, 24.12.3, 2.3.4, 2.3.5, 2.3.6

PLANNING ASSUMPTIONS:

1. The fourth activity indicates that KDFNFA amendment requirements should be addressed in any discussions regarding the approach to the amendment process and that specific arrangements should be made to deal with a particular amendment proposal.
2. It is anticipated that KDFN 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. Amendments to legislation may be required to reflect amendments of the UFA.

OBLIGATIONS ADDRESSED:

2.3.4 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.

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

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

1. the Minister of Indian Affairs and Northern Development may consent, on behalf of Canada, to any amendment to:
   1. a specific provision contemplated by 5.3.1, 5.15.1, 5.15.2, 6.1.2, 6.1.8 or 21.2.5 of this Agreement;
   2. Schedule B — Resolution of Overlapping Claims, attached to Chapter 2 — General Provisions, as a result of an agreement referred to in 8.0 or 9.0 of that schedule;
   3. Schedule C — Allocation of Total Allowable Harvest for Moose, attached to Chapter 16 — Fish andWildlife;
   4. Schedule E — Category 1 Traplines, attached to Chapter 16 — Fish andWildlife;
   5. Schedule A — Settlement Land Parcels Exempt From Property Taxes (15 year exemption), attached to Chapter 21 — Taxation of Settlement Land;
   6. Schedule B — Settlement Land Parcels Exempt From Property Taxes (20 year exemption), attached to Chapter 21 — Taxation of Settlement Land;
   7. Schedule C — Settlement Land Parcels Exempt From Property Taxes, attached to Chapter 21 — Taxation of Settlement Land; and
   8. Appendix A — Settlement Land Descriptions, attached to this Agreement;
2. the Governor in Council may delegate to theMinister of Indian Affairs and Northern Development the authority to consent, on behalf of Canada, to any amendments to other specific provisions of this Agreement.

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

1. the Yukon Minister with responsibility for land claims and self-government may consent, on behalf of the Yukon, to any amendment to:
   1. a specific provision contemplated by 5.3.1, 5.15.1, 5.15.2, 6.1.2, 6.1.8 or 21.2.5 of this Agreement;
   2. Schedule B — Resolution of Overlapping Claims, attached to Chapter 2 — General Provisions, as a result of an agreement referred to in 8.0 or 9.0 of that schedule;
   3. Schedule C — Allocation of Total Allowable Harvest for Moose, attached to Chapter 16 — Fish andWildlife;
   4. Schedule E — Category 1 Traplines, attached to Chapter 16 — Fish and Wildlife;
   5. Schedule A — Settlement Land Parcels Exempt From Property Taxes (15 year exemption), attached to Chapter 21 — Taxation of Settlement Land;
   6. Schedule B — Settlement Land Parcels Exempt From Property Taxes (20 year exemption), attached to Chapter 21 — Taxation of Settlement Land;
   7. Schedule C — Settlement Land Parcels Exempt From Property Taxes, attached to Chapter 21 — Taxation of Settlement Land; and
   8. Appendix A — Settlement Land Descriptions, attached to this Agreement;
2. the Commissioner in Executive Council may delegate to the Yukon Minister with responsibility for land claims and self-government the authority to consent, on behalf of the Yukon, to any amendments to other specific provisions of this Agreement.

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

1. consent to any amendment pursuant to 2.3.4 may only be given on the part of the Kwanlin Dun First Nation by a resolution of the Kwanlin Dun First Nation Council;
2. the Kwanlin Dun First Nation shall provide Government with a certified copy of a resolution consenting to an amendment pursuant to 2.3.5.3(a), and all Persons shall be entitled to rely on that resolution as conclusive evidence of compliance with 2.3.5.3(a).

2.3.6 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.

CROSS REFERENCED CLAUSES:
5.3.1 (all), 5.15.1, 5.15.2, 6.1.2 (all), 6.1.8 (all), 16.11.4 (all), Chapter 16 Schedule 

OBLIGATIONS ADDRESSED:

2.4.3.1 Government shall Consult with the Kwanlin Dun First Nation during the drafting of any amendment to Settlement Legislation which affects the Kwanlin Dun First Nation.

CROSS REFERENCED CLAUSES:
None identified

PLANNING ASSUMPTION:

1. This Consultation may occur more than once during the drafting process.

OBLIGATIONS ADDRESSED:

2.11.7 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.

2.11.7.1 Except in respect of 2.5.0, 2.10.1, 4.4.0, 5.9.0 and 5.10.0, the Kwanlin Dun First Nation may cause any of its rights, obligations and liabilities set out in this Agreement to be held or performed, on its behalf, by any legal entity wholly controlled by the Kwanlin Dun First Nation or wholly controlled by the Kwanlin Dun First Nation and one or more other Yukon First Nations, provided any such arrangement does not adversely affect the exercise of rights, obligations and liabilities set out in this Agreement.

2.11.7.2 The Kwanlin Dun 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.

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

CROSS REFERENCED CLAUSES:
2.5.0 (all), 2.10.1, 2.11.4, 4.4.0 (all), 5.9.0 (all), 5.10.0 (all)

OBLIGATIONS ADDRESSED:

Chapter 2 Schedule B

2.1 The Kwanlin Dun First Nation shall endeavour to reach agreement with each Overlapping Yukon First Nation on a resolution of any overlapping claim, right, title and interest in an Overlapping Area by a Contiguous Boundary, an Administrative Boundary or an Alternative Arrangement.

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

CROSS REFERENCED CLAUSES:
Chapter 2 Schedule B 3.3, 3.4, 4.0 (all), 5.1

OBLIGATIONS ADDRESSED:

Chapter 2 Schedule B

2.3 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 Kwanlin Dun 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.

2.4 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.

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

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

CROSS REFERENCED CLAUSES:
2.9.1; Chapter 2 Schedule B 3.1 (all), 3.2 (all), 3.3, 4.0 (all), 5.1

OBLIGATIONS ADDRESSED:

Chapter 2 Schedule B

3.1 Subject to 3.5, 3.6 , 3.7 and 8.0, in the absence of an approved agreement on the location of a Contiguous Boundary referred to in 2.2 or 2.5, any party to this Agreement or to an Overlapping Yukon First Nation Final Agreement may, at any time after one year from the Effective Date of this Agreement or the Overlapping Yukon First Nation Final Agreement, whichever occurs later, refer the matter of the location of a Contiguous Boundary to the dispute resolution process under 26.3.0 provided:

3.1.1. that Overlapping Yukon First Nation Final Agreement contains specific provisions substantially the same as this schedule; or

3.1.2 the Kwanlin Dun First Nation and the Overlapping Yukon First Nation agree to refer the matter to the dispute resolution process under 26.3.0.

3.2 A person appointed under 26.7.0 to resolve a dispute under 3.1 shall, in addition to the other powers provided in Chapter 26 — Dispute Resolution, have the power:

3.2.1 to determine a Contiguous Boundary, in the Overlapping Area, between the Traditional Territories of the Overlapping Yukon First Nation and the Kwanlin Dun First Nation, and

3.2.2 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.

CROSS REFERENCED CLAUSES:
2.9.1 (all); Chapter 2 Schedule B 2.2, 2.4, 2.5, 3.3, 3.4, 3.5, 3.6, 3.7, 4.0 (all), 5.1, 26.3.0, 26.7.0

OBLIGATIONS ADDRESSED:

Chapter 2 Schedule B

5.2 Government shall endeavour:

5.2.1 to ensure that provisions substantially the same as this schedule are included in the Yukon First Nation Final Agreement of an Overlapping Yukon First Nation; and

5.2.2 to conclude the Yukon First Nation Final Agreement of each Overlapping Yukon First Nation within 10 years of the Effective Date of this Agreement.

5.3 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 Kwanlin Dun First Nation.

CROSS REFERENCED CLAUSES:
None identified

OBLIGATIONS ADDRESSED:

Chapter 2 Schedule B

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

6.1.1 more than 50 percent of that trapline is situated in the Traditional Territory of the Kwanlin Dun First Nation; or

6.1.2 the Kwanlin Dun First Nation and the Overlapping Yukon First Nation agree.

CROSS REFERENCED CLAUSES:
16.11.0 (all)

OBLIGATIONS ADDRESSED:

Chapter 2 Schedule B

7.1 Government shall Consult with the Kwanlin Dun First Nation respecting any matter in an Overlapping Area which may affect the rights of Kwanlin Dun or the Kwanlin Dun First Nation set out in this Agreement but which, pursuant to 4.0, do not apply in an Overlapping Area.

CROSS REFERENCED CLAUSES:
Chapter 2 Schedule B 4.1 (all)

OBLIGATIONS ADDRESSED:

Chapter 2 Schedule B

8.1 The parties to this Agreement and an Overlapping Yukon First Nation Final Agreement may agree to establish an Administrative Boundary for the purpose of applying any provision of this Agreement which does not apply pursuant to 4.0 this schedule.

8.2 The Kwanlin Dun First Nation and an Overlapping Yukon First Nation may jointly refer the matter of the determination of the location of an Administrative Boundary to the dispute resolution process under 26.3.0.

8.3 In addition to the other powers provided in Chapter 26 — Dispute Resolution of this Agreement, a person appointed under 26.7.0 to resolve a dispute under 8.2 shall have the power to determine an Administrative Boundary.

CROSS REFERENCED CLAUSES:
Chapter 2 Schedule B 4.0 (all), 8.4, 8.5, 8.6; 26.3.0, 26.7.0

OBLIGATIONS ADDRESSED:

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

3.9.3.1 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;

3.9.3.2 deliver to the Yukon the official enrollment list on each anniversary of the dissolution of the Enrollment Committee;

3.9.3.3 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;

3.9.3.4 supply application forms to any Person wishing to apply for enrollment;

3.9.3.5 establish its own procedures;

3.9.3.6 publish its own procedures; and

3.9.3.7 publicize and provide information in respect of the enrollment process to members of the Yukon First Nation.

CROSS REFERENCED CLAUSES:
3.9.1, 3.9.2, 3.12.1

OBLIGATIONS ADDRESSED:

3.10.1 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.

3.10.2 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:

3.10.2.1 the Enrollment Commission, if it has not been dissolved pursuant to 3.10.4; or

3.10.2.2a single arbitrator appointed by the chairperson of the Dispute Resolution Board.

3.10.3 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.

CROSS REFERENCED CLAUSES:
3.3.2, 3.3.3, 3.6.5.11, 3.10.4, 3.11.2.6, 3.11.3, 26.7.0

OBLIGATIONS ADDRESSED:

4.2.3 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.

4.2.4 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.

CROSS REFERENCED CLAUSES:
4.2.1, 4.2.2

OBLIGATIONS ADDRESSED:

5.2.3 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 theMines and Minerals in and under Category A Settlement Land.

5.2.4 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 theMines and Minerals in and under Category A Settlement Land.

CROSS REFERENCED CLAUSES:
None identified

PLANNING ASSUMPTIONS:

1. In the majority of cases, the LTO already holds adequate surveys for Settlement Land parcels that exist in fee simple. It will be the responsibility of KDFN 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 onlyMetes 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.

OBLIGATIONS ADDRESSED:

5.2.3 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.

5.2.4 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.

CROSS REFERENCED CLAUSES:
None identified

PLANNING ASSUMPTION:

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

OBLIGATIONS ADDRESSED:

5.3.2 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.

5.3.3 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.

CROSS REFERENCED CLAUSES:
5.5.1.4, Chapter 15

PLANNING ASSUMPTION:

1. Natural Resources Canada will assume the lead role for Canada.

OBLIGATIONS ADDRESSED:

5.6.3 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:

5.6.3.1 any Royalty received by Government for production after the date the land became Settlement Land in respect of that Existing Mineral Right; and

5.6.3.2 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.

CROSS REFERENCED CLAUSES:
5.6.5, 15.6.6

PLANNING ASSUMPTION:

1. For the purposes of this provision, "the date the affected land became Settlement Land" will be the Effective Date except in the case of Proposed Site Specific Settlement Land that becomes Site Specific Settlement Land on the same date the plan of survey is confirmed in accordance with Chapter 15.

OBLIGATIONS ADDRESSED:

5.6.4 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 theMineral Right holder.

CROSS REFERENCED CLAUSES:
5.6.5, 15.6.6

PLANNING ASSUMPTION:

1. For the purposes of this provision, "the date the affected land became Settlement Land" will be the Effective Date except in the case of Proposed Site Specific Settlement Land that becomes Site Specific Settlement Land on the same date the plan of survey is confirmed in accordance with Chapter 15.

OBLIGATIONS ADDRESSED:

5.6.9 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.

CROSS REFERENCED CLAUSES:
5.4.2 (all), 5.6.1, 5.6.3 (all), 5.6.4, 5.6.6

PLANNING ASSUMPTIONS:

1. Government is responsible for ensuring that all of its relevant screening, reviewing, licensing and permitting departments and agencies are aware of their obligations pursuant to this clause.
2. The arrangements and procedures for Consultation will include provision for revising these arrangements and procedures from time to time.

OBLIGATIONS ADDRESSED:

5.6.10 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.

CROSS REFERENCED CLAUSES:
5.4.2 (all), 5.6.1, 5.6.2

OBLIGATIONS ADDRESSED:

5.6.11 Subject to the consent of theMinister, 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.

5.6.12 The Minister may only refuse to consent under 5.6.11 if:

5.6.12.1 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;

5.6.12.2 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;

5.6.12.3 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

5.6.12.4 there is a Person claiming an interest in the Encumbering Right.

CROSS REFERENCED CLAUSES:
2.11.8

OBLIGATIONS ADDRESSED:

5.7.4 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

5.7.4.1 that:

1. the department or entity does not have the management, charge or direction of the land,
2. the reservation is cancelled, or
3. 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

5.7.4.2 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.

CROSS REFERENCED CLAUSES:
5.7.1 (all), 5.7.5 (all), 7.5.0 (all)

OBLIGATIONS ADDRESSED:

5.12.1 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 theMines 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:

5.12.1.1 Category A Settlement Land when Mines and Minerals are included and the land had previously been Category A Settlement Land;

5.12.1.2 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

5.12.1.3 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.

CROSS REFERENCED CLAUSES:
5.10.0 (all)

OBLIGATIONS ADDRESSED:

5.13.1 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:

5.13.1.1 the reservations and exceptions set out in 5.4.2; and

5.13.1.2 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.

5.13.2 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:

5.13.2.1 the reservations and exceptions set out in 5.4.2; and

5.13.2.2 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.

CROSS REFERENCED CLAUSES:
5.4.2 (all), 5.13.3

OBLIGATIONS ADDRESSED:

5.15.1 Unless otherwise agreed in a Yukon First Nation Final Agreement on a case by case basis, there shall be a Waterfront Right-of-Way 30 metres in width measured landward from the Natural Boundaries within Settlement Land of all Navigable Waters which abut or are within Settlement Land.

5.15.1.1 Any exception to the Waterfront Right-of-Way referred to in 5.15.1 is set out as a special condition in Appendix A — Settlement Land Descriptions, attached to this Agreement.

CROSS REFERENCED CLAUSES:
Appendix A — Settlement Land Descriptions C-192B, C-195B, C-196B

OBLIGATIONS ADDRESSED:

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

CROSS REFERENCED CLAUSES:
5.15.0 (all), Appendix A — Settlement Land Descriptions C-192B, C-195B, C-196B

OBLIGATIONS ADDRESSED:

5.15.7 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.

CROSS REFERENCED CLAUSES:
5.15.0 (all), Appendix A — Settlement Land Descriptions C-192B, C-195B, C-196B

OBLIGATIONS ADDRESSED:

6.1.2 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.

CROSS REFERENCED CLAUSES:
2.3.4, 2.3.5 (all), 2.3.6, 6.1.8

OBLIGATIONS ADDRESSED:

6.1.2.1 The holder of an outfitting concession shall have a right of access to Settlement Land situated within that concession, for outfitting purposes, during the first full spring hunting season subsequent to the Effective Date of this Agreement and the first full fall hunting season subsequent to the Effective Date of this Agreement and a further right of access to that Settlement Land, for the purpose of removing property, during the 12 months immediately following whichever full hunting season is the later.

6.1.2.2 Nothing in 6.1.2.1 shall be construed to prevent the Kwanlin Dun First Nation and the holder of an outfitting concession from entering into any agreement which provides the holder of an outfitting concession with a right of access other than set out in 6.1.2.1.

CROSS REFERENCED CLAUSES:
None identified

PLANNING ASSUMPTION:

1. A letter will be written on behalf of the Parties as the mechanism for informing the concession holders.

OBLIGATIONS ADDRESSED:

6.1.3 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.

CROSS REFERENCED CLAUSES:
None identified

OBLIGATIONS ADDRESSED:

6.1.5 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.

CROSS REFERENCED CLAUSES:
None identified

OBLIGATIONS ADDRESSED:

6.1.6 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:

6.1.6.1 significant damage to Settlement Land or to improvements on Settlement Land;

6.1.6.2 mischief committed on Settlement Land;

6.1.6.3 significant interference with the use and peaceful enjoyment of Settlement Land by the Yukon First Nation;

6.1.6.4 fee or charge payable to the affected Yukon First Nation; or

6.1.6.5 compensation for damage other than for significant damage.

CROSS REFERENCED CLAUSES:
5.15.3, 6.1.5, 6.1.7, 6.3.1 (all), 6.3.2, 6.3.7, 6.6.0 (all), Appendix A — Settlement Land Descriptions C-195B, C-196B

OBLIGATIONS ADDRESSED:

6.1.8 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.

CROSS REFERENCED CLAUSES:
2.3.5 (all), 2.3.6 (all), 6.1.2 (all), 6.1.8.1, Appendix A — Settlement Land Descriptions 3.2.2

PLANNING ASSUMPTION:

1. If Settlement Land is redesignated, maps of Settlement Land will be changed to indicate redesignation.

OBLIGATIONS ADDRESSED:

6.1.9 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:

6.1.9.1 for the benefit of any Person; or

6.1.9.2 using funds or other resources provided directly or indirectly by Government for the establishment or improvement of such route.

CROSS REFERENCED CLAUSES:
2.3.5 (all), Chapter 7, 9.6.1 (all)

OBLIGATIONS ADDRESSED:

6.3.3 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.

CROSS REFERENCED CLAUSES:
6.3.1 (all), 6.3.2, 6.3.4 (all)

OBLIGATIONS ADDRESSED:

6.3.6 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.

CROSS REFERENCED CLAUSES:
5.6.0 (all), 6.3.5 (all)

OBLIGATIONS ADDRESSED:

6.3.7 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.

CROSS REFERENCED CLAUSES:
6.3.1 (all), 6.3.2, 6.6.0 (all)

OBLIGATIONS ADDRESSED:

6.4.1 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.

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

6.4.5.1 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

CROSS REFERENCED CLAUSES:
6.4.3 (all), 6.4.4, 6.6.0 (all)

PLANNING ASSUMPTIONS:

1. The Parties agree that Government and KDFN may establish terms and conditions for the exercise of a right of access pursuant to 6.6.0.
2. Wherever possible, notification and negotiation will take place within a reasonable period of time prior to access.

OBLIGATIONS ADDRESSED:

6.4.1 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.

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

6.4.5.2 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.

CROSS REFERENCED CLAUSES:
6.4.3 (all), 6.4.4, 6.4.6 (all)

PLANNING ASSUMPTION:

1. Wherever possible, notification and negotiation will take place within a reasonable period of time prior to access.

OBLIGATIONS ADDRESSED:

6.4.2 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.

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

6.4.5.1 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

CROSS REFERENCED CLAUSES:
6.4.3 (all), 6.4.4, 6.6.0 (all), Appendix A — Settlement Land Descriptions R-4A (YHY85-02L), R-5A

PLANNING ASSUMPTION:

1. It is expected that notification and Consultation, wherever possible, will take place within a reasonable period of time prior to access.

OBLIGATIONS ADDRESSED:

6.4.2 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.

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

6.4.5.2 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.

CROSS REFERENCED CLAUSES:
6.4.3 (all), 6.4.4, 6.4.6 (all), Appendix A — Settlement Land Descriptions R-4A (YHY85-02L), R-5A

PLANNING ASSUMPTION:

1. It is expected that notification and Consultation, wherever possible, will take place within a reasonable period of time prior to access.

OBLIGATIONS ADDRESSED:

6.4.4 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.

CROSS REFERENCED CLAUSES:
6.4.1, 6.4.2

OBLIGATIONS ADDRESSED:

6.5.1 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.

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

CROSS REFERENCED CLAUSES:
6.4.1, 6.5.2

OBLIGATIONS ADDRESSED:

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

6.6.1.1 by 5.15.3, 6.3.1, 6.3.2, 16.11.12, 18.3.1, 18.4.1 or 18.4.2; or

6.6.1.2 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.

6.6.2 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.

CROSS REFERENCED CLAUSES:
5.5.1 (all), 5.15.3, 6.1.3, 6.3.1 (all), 6.3.2, 6.4.1, 6.4.2, 6.6.3 (all), 6.6.4 (all), 16.11.12,

OBLIGATIONS ADDRESSED:

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

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

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

7.4.3.1 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;

7.4.3.2 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

7.4.3.3 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.

7.7.1 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.

7.7.2 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.

CROSS REFERENCED CLAUSES:
7.4.2, 7.5.1, 7.5.2 (all), 7.6.0 (all)

PLANNING ASSUMPTION:

1. The process for determining and awarding compensation in respect of an expropriation is outlined in 7.5.1 to 7.5.2.10. Negotiations respecting compensation may occur concurrently with the negotiations on the location and extent of Settlement Land proposed to be acquired or expropriated.

OBLIGATIONS ADDRESSED:

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

7.5.2 When the agreement of the Affected Yukon First Nation pursuant to 7.5.1 is not obtained, the following provisions shall apply:

7.5.2.1 the Surface Rights Board shall determine any dispute over compensation upon an application by either the Authority or Affected Yukon First Nation, except where the expropriation is pursuant to the National Energy Board Act, R.S.C. 1985, c. N- 7;

7.5.2.2 compensation ordered by the Surface Rights Board may be,

1. upon request by the Affected Yukon First Nation, and, if available and identified by the Affected Yukon First Nation, Land of the Authority within the Traditional Territory of the Affected Yukon First Nation,
2. money,
3. other forms of compensation, or
4. any combination of above;

7.5.2.3 when the Affected Yukon First Nation requests Land to be all or part of the compensation, the Surface Rights Board shall,

1. determine whether the Authority holds Land identified by the Affected Yukon First Nation which is within its Traditional Territory and whether that Land is available,
2. determine the value, in accordance with 7.5.2.7, of the Authority's Land which is available,
3. order the Authority to transfer to the Affected Yukon First Nation the amount of available Land necessary to provide compensation, and
4. subject to 7.5.2.4, where Land transferred to the Affected Yukon First Nation pursuant to 7.5.2.3(c) and 7.5.2.4(c) is not sufficient to provide compensation in Land as requested, order the balance of compensation to be in the form of 7.5.2.2(b), or (c), or both;

7.5.2.4 if the expropriating Authority is not Government and the Surface Rights Board has determined there is not sufficient available Land for the purposes of 7.5.2.3,

1. the Board shall so notify Government and thereafter Government shall be a party to the proceedings,
2. the Board shall determine whether Government holds available Land which is contiguous to the Settlement Land and within the Affected Yukon First Nation's Traditional Territory, whether that Land is available and if so the value of that available Land in accordance with 7.5.2.7,
3. the Board shall order Government to transfer to the Affected Yukon First Nation available Land up to the value, which in addition to the value of Land provided under 7.5.2.3, is necessary to provide compensation in Land as requested by the Affected Yukon First Nation under 7.5.2.3, and
4. the Authority shall pay to Government the value of the Land provided under 7.5.2.4 (c) and all costs of Government associated with the transfer;

7.5.2.5 the Surface Rights Board shall consider the matters set out in 8.4.1 when assessing the value of expropriated Settlement Land;

7.5.2.6 Land is not available for the purposes of 7.5.2.3 or 7.5.2.4, if it is,

1. Land subject to an agreement for sale or a lease containing an option to purchase, unless both Government and the Person holding such an interest in the Land consent,
2. Land subject to a lease, unless both Government and the lessee consent,
3. a highway or highway right-of-way,
4. Land within 30 metres of the boundary line between the Yukon and Alaska, the Yukon and Northwest Territories, and the Yukon and British Columbia,
5. Land determined by the Surface Rights Board to be occupied or used by the expropriating Authority, any federal or territorial department or agency, or by a municipal government except with the consent of that expropriating Authority, department, agency or municipal government,
6. Land determined by the Surface Rights Board to be required for future use by the expropriating Authority, any federal or territorial department or agency, or by a municipal government except with the consent of that expropriating Authority, department, agency or municipal government,
7. Land which the Surface Rights Board determines would, if provided to a Yukon First Nation, unreasonably limit the expansion of Yukon communities,
8. Land which the Surface Rights Board determines would, if provided to a Yukon First Nation, unreasonably limit access for any Person to Navigable Water or highways, or
9. such other Land as the Surface Rights Board in its discretion determines is not available;

7.5.2.7 in determining the value of the Land to be provided by an Authority, the Surface Rights Board shall consider, in addition to the market value of the Land,

1. the value of Fish and Wildlife Harvesting and of gathering to the Affected Yukon First Nation,
2. any potential effect of the Land to be provided by an Authority upon other Settlement Land of the Affected Yukon First Nation,
3. any cultural or other special value of the Land to the Affected Yukon First Nation, and
4. such other factors as may be permitted by the Legislation establishing the Board;

7.5.2.8 Land provided or ordered as compensation under this chapter, which is within the Traditional Territory of the Affected Yukon First Nation, shall be transferred to the Affected Yukon First Nation in fee simple and shall, in accordance with 7.5.2.9, be designated as,

1. Category A Settlement Land when Mines and Minerals are included, or
2. Category B Settlement Land or Fee Simple Settlement Land when Mines and Minerals are not included;

7.5.2.9 prior to making an order under 7.5.2.3(c) or 7.5.2.4(c), the designation of Land under 7.5.2.8(b), and the designation of the acquired Land as Developed Settlement Land or Undeveloped Settlement Land shall be determined,

1. by agreement between the Affected Yukon First Nation and Government, or
2. failing agreement, by the Surface Rights Board; and

7.5.2.10 the designation of Land provided as compensation shall not affect any surrender in respect of such Land.

CROSS REFERENCED CLAUSES:
7.7.1, 7.7.2, 8.4.1 (all)

PLANNING ASSUMPTION:

1. Negotiations respecting compensation may occur concurrently with negotiations on location and extent of the land proposed to be acquired or expropriated.

OBLIGATIONS ADDRESSED:

7.7.1 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.

7.7.2 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.

CROSS REFERENCED CLAUSES:
None identified

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.

OBLIGATIONS ADDRESSED:

7.8.4 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.

CROSS REFERENCED CLAUSES:
7.5.2.7(c) , 7.8.1 (all), 7.8.2, 8.4.1.8, KDFNFA Plan Activity Sheet 7.3.1

OBLIGATIONS ADDRESSED:

9.3.4 The land allocation determined under 9.3.3 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.

CROSS REFERENCED CLAUSES:
2.3.1, 9.3.3; Chapter 9 Schedule A

PLANNING ASSUMPTIONS:

1. If the first activity arises, it will be in the context of completing outstanding YFNFA negotiations; once all YFNFAs have been completed, this clause will have no further effect.
2. If the land allocation pursuant to Chapter 9 Schedule A is varied, an amendment to the UFA will be required.

OBLIGATIONS ADDRESSED:

9.6.1 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.

CROSS REFERENCED CLAUSES:
2.3.5 (all), 9.6.1.1, 9.6.1.2, Chapter 9 Schedule B, Chapter 9 Schedule C

PLANNING ASSUMPTIONS:

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

OBLIGATIONS ADDRESSED:

9.7.2 If Government disposes of the fee simple interest in a Designated Lot, it shall include in any agreement for sale or grant of title, a right of first refusal in favour of the Kwanlin Dun First Nation to purchase the Designated Lot from the Holder upon the following terms:

9.7.2.1 the Holder shall not dispose of the fee simple interest in a Designated Lot to any Person other than the Holder's spouse or children by will or otherwise unless the Holder has first offered the Designated Lot to the Kwanlin Dun First Nation in the following manner:

1. the Holder shall provide written notice to the Kwanlin Dun First Nation setting out the price and the other terms and conditions upon which the Designated Lot may be purchased;
2. if the Kwanlin Dun First Nation does not accept, in writing, the offer referred to in (a) within 60 days of its receipt, it shall be deemed to have declined the offer and the Holder may offer the opportunity to purchase the Designated Lot to other Persons upon the same terms and conditions as offered to the Kwanlin Dun First Nation;
3. if no other Person accepts the offer referred to in (b), the Holder may re-offer the Designated Lot on new terms and conditions but in accordance with the procedure set out in (a) and (b);

CROSS REFERENCED CLAUSES:
9.6.1, 9.7.1, 9.7.2.2 (all), Appendix A — Settlement Land Descriptions C-42B

OBLIGATIONS ADDRESSED:

9.7.3 If the Kwanlin Dun First Nation acquires fee simple title to a Designated Lot, it may convert the Designated Lot from fee simple title to Fee Simple Settlement Land in exchange for land of equal area ceasing to be Settlement Land, in the following manner:

9.7.3.1 the Kwanlin Dun First Nation shall identify an area of Category B or Fee Simple Settlement Land that is equal in size to the Designated Lot, and shall take all steps necessary to register its fee simple title to that land in the Land Titles Office, including surveying and subdividing if required;

9.7.3.2 the Kwanlin Dun First Nation shall take all steps necessary to register its fee simple title to the Designated Lot in the Land Titles Office;

9.7.3.3 upon completion of the matters described in 9.7.3.1 and 9.7.3.2, the Kwanlin Dun First Nation may by resolution of the Kwanlin Dun First Nation Council declare the Designated Lot to be Fee Simple Settlement Land and thereafter the Designated Lot shall be Fee Simple Settlement Land and the land described in 9.7.3.1 shall cease to be Settlement Land;

9.7.5 The Kwanlin Dun First Nation shall provide written notice to Government promptly following a declaration pursuant to 9.7.3.3 attaching copies of the Certificates of Title for both the Designated Lot and the land described in 9.7.3.1.

CROSS REFERENCED CLAUSES:
5.4.2, 9.6.1, 9.7.1, 9.7.3.4, 9.7.3.5, 9.7.3.6 (all), 9.7.4, 9.7.6, 21.2.1, Appendix A — Settlement Land Descriptions C-42B

OBLIGATIONS ADDRESSED:

9.7.6 If the Kwanlin Dun First Nation acquires the fee simple interest in each of the Designated Lots pursuant to 9.7.2, or otherwise, Government shall, at the request of the Kwanlin Dun First Nation, enter into negotiations with the Kwanlin Dun First Nation pursuant to 9.6.1 of this Agreement with a view to exchanging other Settlement Land for the Crown Land between the Designated Lots and the bank of the Yukon River shown cross-hatched as Sketches 1 and 2 on Map Sheet 105 D/11 — Downtown Area, City of Whitehorse, in Appendix B — Maps, which forms a separate volume to this Agreement.

CROSS REFERENCED CLAUSES:
9.6.1, Appendix A — Settlement Land Descriptions C-42B; Appendix B — Maps — Map Sheet 105 D/11 NE

OBLIGATIONS ADDRESSED:

9.8.2 If the Kwanlin Dun First Nation transfers title to Designated Roads to the City of Whitehorse in accordance with 7.5.2 of the Municipal Services and Infrastructure Agreement, it may on one occasion any time thereafter give written notice to the Yukon to transfer Replacement Land to the Kwanlin Dun First Nation.

9.8.3 The Kwanlin Dun First Nation shall be responsible for selecting and surveying the Replacement Land within the area shown cross-hatched as Sketch 1 on Map Sheet 105 D/11 — McIntyre Area, City of Whitehorse, in Appendix B — Maps, which forms a separate volume to this Agreement.

9.8.4 Upon receiving notice pursuant to 9.8.2 and completion of the survey by the Kwanlin Dun First Nation pursuant to 9.8.3, the Yukon shall transfer the Replacement Land to the Kwanlin Dun First Nation as Category B Settlement Land free and clear of encumbrances except as provided in 9.8.7.

CROSS REFERENCED CLAUSES:
9.8.5, 9.8.6, 9.8.7 (all), 9.8.8 (all), Appendix A — Settlement Land Descriptions C-41B

PLANNING ASSUMPTIONS:

1. The provisions of 9.8.0 shall terminate, and the obligation of the Yukon to transfer Replacement Land shall cease in accordance with 9.8.8.

OBLIGATIONS ADDRESSED:

Chapter 9 Schedule B

1.0 If the Northern Pipeline Agency, its successors or assigns (the "NPA"), notifies Government (the "NPA Notice") that it no longer requires the land described in Reservation No. 105D10-0000-00017, Government shall, within 90 days, give written notice thereof to the Kwanlin Dun First Nation and offer the opportunity (the "Offer"), to exchange Settlement Land (the "Identified Land") for:

1.1 the land described in Reservation No. 105D10-0000-00017;

1.2 the land subject to the 30 metre right-of-way for the existing access road shown approximately by a line designated as Access Road on Map Sheet 105 D/10 in Appendix B — Maps, which forms a separate volume to this Agreement; and,

1.3 fee simple title in the Mines and Minerals, and the Right to Work the Mines and Minerals, in, on or under the land described in 1.1 and 1.2,

(collectively, the "R-1A Compressor Station Lands").

2.0 Within 90 days of receiving the Offer, the Kwanlin Dun First Nation shall give written notice to Government indicating whether the Kwanlin Dun First Nation accepts or declines the Offer.

3.0 If the Kwanlin Dun First Nation accepts the Offer, the Identified Land shall be an area of Parcel R-70A equal in size to the area of the R-1A Compressor Station Lands and shall be exchanged for the R-1A Compressor Station Lands as follows:

3.1 if the NPA Notice is received by Government prior to commencement of the survey of Parcel R-70A, by adjusting the boundary that may be adjusted for Category A Settlement Land under 15.6.2.1 of this Agreement to exclude the Identified Land from Parcel R-70A;

3.2 if the NPA Notice is received by Government after commencement of the survey of Parcel R-70A, but before that survey is confirmed by the Surveyor General in accordance with 15.6.2.1 of this Agreement, by relocating the boundary that may be adjusted for Category A Settlement Land under 15.6.2.1 of this Agreement to exclude the Identified Land from Parcel R-70A; or

3.3 if the NPA Notice is received by Government after the survey of Parcel R-70A is confirmed by the Surveyor General in accordance with 15.6.2.1 of this Agreement, by surveying out of Parcel R-70A a parcel of land adjacent to the boundary that was subject to adjustment for Category A Settlement Land under 15.6.2.1 of this Agreement, registering fee simple title to that parcel in the Land Titles Office, and transferring that title including the Mines and Minerals to the Yukon free and clear of encumbrances other than those existing as of the Effective Date of this Agreement.

4.0 The Kwanlin Dun First Nation shall be responsible for:

4.1 any increase in the cost of surveying Parcel R-70A due to re-locating the boundary as provided in 3.2; and

4.2 all costs incurred in the survey, registration of title and transfer of title referred to in 3.3.

5.0 If the Kwanlin Dun First Nation accepts the Offer, the R-1A Compressor Station Lands shall be exchanged for the Identified Land as follows:

5.1 if the NPA Notice is received by Government prior to commencement of the survey of Parcel R-1A, by:

5.1.1 amending the description of Parcel R-1A in Appendix A — Settlement Land Descriptions, attached to this Agreement; and

5.1.2 amending Appendix B — Maps, which forms a separate volume to this Agreement,

to include the R-1A Compressor Station Lands in Parcel R-1A;

5.2 if the NPA Notice is received by Government after commencement of the survey of Parcel R-1A, but before that survey is confirmed by the Surveyor General in accordance with 15.6.2.1 of this Agreement, by:

5.2.1 amending the description of Parcel R-1A in Appendix A — Settlement Land Descriptions, attached to this Agreement;

5.2.2 amending Appendix B — Maps, which forms a separate volume to this Agreement; and

5.2.3 revising the survey of Parcel R-1A,

to include the R-1A Compressor Station Lands in Parcel R-1A; or

5.3 if the NPA Notice is received by Government after the survey of Parcel R- 1A is confirmed by the Surveyor General in accordance with 15.6.2.1 of this Agreement, by transferring the R-1A Compressor Station Lands to the Kwanlin Dun First Nation as Category A Settlement Land free and clear of encumbrances other than the interests applicable to Parcel R-1A by virtue of this Agreement.

6.0 The Yukon shall be responsible for:

6.1 any increase in the cost of surveying Parcel R-1A due to revising the survey of Parcel R-1A as provided in 5.2.3; and

6.2 all costs incurred in the transfer referred to in 5.3 including survey costs, if any.

CROSS REFERENCED CLAUSES:
Chapter 9 Schedule B 7.0, 8.0; Appendix A — Settlement Land Descriptions R-1A

PLANNING ASSUMPTION:

1. The activities above are premised on the assumption that the survey of R-70A will not commence until all other parcels have been surveyed.

OBLIGATIONS ADDRESSED:

Chapter 9 Schedule C

1.0 If the Northern Pipeline Agency, its successors or assigns (the "NPA"), notifies Government (the "NPA Notice") that it no longer requires the land described in Reservation No. 105D08-0000-00097, Government shall, within 90 days, give written notice thereof to the Kwanlin Dun First Nation and offer the opportunity (the "Offer") to exchange Settlement Land (the "Identified Land") for:

1.1 the land described in Reservation No. 105D08-0000-00097; and

1.2 fee simple title in the Mines and Minerals, and the Right to Work the Mines and Minerals, in, on or under the land described in 1.1,

(collectively, the "R-27A Compressor Station Lands").

2.0 Within 90 days of receiving the Offer, the Kwanlin Dun First Nation shall give written notice to Government indicating whether the Kwanlin Dun First Nation accepts or declines the Offer.

3.0 If the Kwanlin Dun First Nation accepts the Offer, the Identified Land shall be an area of Parcel R-70A equal in size to the area of the R-27A Compressor Station Lands and shall be exchanged for the R-27A Compressor Station Lands as follows:

3.1 if the NPA Notice is received by Government prior to commencement of the survey of Parcel R-70A, by adjusting the boundary that may be adjusted for Category A Settlement Land under 15.6.2.1 of this Agreement to exclude the Identified Land from Parcel R-70A;

3.2 if the NPA Notice is received by Government after commencement of the survey of Parcel R-70A, but before that survey is confirmed by the Surveyor General in accordance with 15.6.2.1 of this Agreement, by relocating the boundary that may be adjusted for Category A Settlement Land under 15.6.2.1 of this Agreement to exclude the Identified Land from Parcel R-70A; or

3.3 if the NPA Notice is received by Government after the survey of Parcel R-70A is confirmed by the Surveyor General in accordance with 15.6.2.1 of this Agreement, by surveying out of Parcel R-70A a parcel of land adjacent to the boundary that was subject to adjustment for Category A Settlement Land under 15.6.2.1 of this Agreement, registering fee simple title to that parcel in the Land Titles Office, and transferring that title including the Mines and Minerals to the Yukon free and clear of encumbrances other than those existing as of the Effective Date of this Agreement.

4.0 The Kwanlin Dun First Nation shall be responsible for:

4.1 any increase in the cost of surveying Parcel R-70A due to re-locating the boundary as provided in 3.2; and

4.2 all costs incurred in the survey, registration of title and transfer of title referred to in 3.3.

5.0 If the Kwanlin Dun First Nation accepts the Offer, the R-27A Compressor Station Lands shall be exchanged for the Identified Land as follows:

5.1 if the NPA Notice is received by Government prior to commencement of the survey of Parcel R-27A, by:

5.1.1 amending the description of Parcel R-27A in Appendix A — Settlement Land Descriptions, attached to this Agreement; and

5.1.2 amending Appendix B — Maps, which forms a separate volume to this Agreement,

to include the R-27A Compressor Station Lands in Parcel R-27A;

5.2 if the NPA Notice is received by Government after commencement of the survey of Parcel R-27A, but before that survey is confirmed by the Surveyor General in accordance with 15.6.2.1 of this Agreement, by:

5.2.1 amending the description of Parcel R-27A in Appendix A — Settlement Land Descriptions, attached to this Agreement;

5.2.2 amending Appendix B — Maps, which forms a separate volume to this Agreement; and

5.2.3 revising the survey of Parcel R-27A,

to include the R-27A Compressor Station Lands in Parcel R-27A; or

5.3 if the NPA Notice is received by Government after the survey of Parcel R-27A is confirmed by the Surveyor General in accordance with 15.6.2.1 of this Agreement, by transferring the R-27A Compressor Station Lands to the Kwanlin Dun First Nation as Category A Settlement Land free and clear of encumbrances other than the interests applicable to Parcel R-27A by virtue of this Agreement.

6.0 The Yukon shall be responsible for:

6.1 any increase in the cost of surveying Parcel R-27A due to revising the survey of Parcel R-27A as provided in 5.2.3; and

6.2 all costs incurred in the transfer referred to in 5.3 including survey costs, if any.

CROSS REFERENCED CLAUSES:
Chapter 9 Schedule C 7.0, 8.0; Appendix A — Settlement Land Descriptions R-27A

PLANNING ASSUMPTION:

1. The activities above are premised on the assumption that the survey of R-70A will not commence until all other parcels have been surveyed.

OBLIGATIONS ADDRESSED:

10.3.3 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.

10.3.4 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.

CROSS REFERENCED CLAUSES:
Chapter 2 Schedule B 4.1; 10.3.5, 10.4.1 (all), 10.5.1, 10.5.7, 10.5.8, 10.5.9, 10.6.0 (all), 10.7.1

OBLIGATIONS ADDRESSED:

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

CROSS REFERENCED CLAUSES:
Chapter 2 Schedule B 4.1, 4.1.1; 10.3.3, 10.3.4, 10.4.1 (all), 10.5.1, 10.5.7, 10.5.8, 10.5.9, 10.6.0 (all), 10.7.1

OBLIGATIONS ADDRESSED:

10.4.1 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:

10.4.1.1 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

10.4.1.2 mitigate adverse effects of the establishment of the Special Management Area on the affected Yukon First Nation.

10.4.2 Agreements negotiated pursuant to 10.4.1:

10.4.2.1 shall address the rights Yukon Indian People have for Harvesting Fish and Wildlife within the Special Management Area;

10.4.2.2 may address the economic and employment opportunities and benefits for the affected Yukon First Nation;

10.4.2.3 may address whether, and on what terms, including provisions on management, Settlement Land may be included in the Special Management Area; and

10.4.2.4 may include such other provisions as Government and the affected Yukon First Nation may agree.

10.4.3 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.

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

CROSS REFERENCED CLAUSES:
10.3.3, 10.3.4, 10.4.5, 10.4.8, 10.4.9, 26.4.0

OBLIGATIONS ADDRESSED:

10.4.5 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.

CROSS REFERENCED CLAUSES:
6.2.3, 6.2.3.2, 10.4.4, 16.3.3 (all)

OBLIGATIONS ADDRESSED:

10.4.6 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.

CROSS REFERENCED CLAUSES:
10.4.1 (all), 10.4.4, 10.4.5

OBLIGATIONS ADDRESSED:

10.4.8 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.

CROSS REFERENCED CLAUSES:
10.4.1 (all)

OBLIGATIONS ADDRESSED:

10.4.9 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.

CROSS REFERENCED CLAUSES:
2.3.4, 2.3.5 (all), 2.3.6, 10.4.1 (all), 10.4.6

OBLIGATIONS ADDRESSED:

10.5.2 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.

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

10.5.4 Government shall review each management plan at least once every 10 years.

10.5.5 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.

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

CROSS REFERENCED CLAUSES:
Chapter 2 Schedule B 4.1; 10.4.1 (all), 10.5.1, 10.6.1 (all), 10.7.1, 16.5.4, 16.8.0 (all)

OBLIGATIONS ADDRESSED:

Chapter 10 Schedule A

3.2 Except as provided in 3.4, as soon as practicable after the Effective Date and following the transfer referred to in 3.1, the Yukon shall designate the Area as a natural environment park pursuant to the Parks and Land Certainty Act, R.S.Y. 2002, c. 165, to be known as Kusawa Park.

3.5 The designation as a natural environment park shall not be removed from any part of the Park without the agreement of the Yukon and each of the Three First Nations.

3.6 Subject to 3.9 and 3.10, until a management plan is approved pursuant to 6.0, and thereafter for such period of time as may be specified in the Approved Management Plan, Government shall:

3.6.1 prohibit entry on the Area for the purpose of locating, prospecting or mining under the Quartz Mining Act, S.Y. 2003, c. 14 and the Placer Mining Act, S.Y. 2003, c. 13;

3.6.2 withdraw the mines and minerals, in, on or under the Area from disposal under the Territorial Lands (Yukon) Act, S.Y. 2003, c. 17.

3.7 Subject to 3.9 and 3.10, until a management plan is approved pursuant to 6.0, and thereafter for such period of time as may be specified in the Approved Management Plan, the Yukon shall withdraw the Area from disposition under the Oil and Gas Act, R.S.Y 2002, c. 162.

3.8 Subject to 3.9 and 3.10, until a management plan is approved pursuant to 6.0, and thereafter for such period of time as may be specified in the Approved Management Plan, no one may explore for coal in, on or under the Area.

CROSS REFERENCED CLAUSES:
Chapter 10 Schedule A 3.1, 3.3, 3.4 (all), 3.9 (all), 3.10, 14.1, 14.2,. 14.3 (all); Appendix B — Maps 'Kusawa Park'

OBLIGATIONS ADDRESSED:

Chapter 10 Schedule A

4.1 A steering committee (the "Steering Committee") shall be established no later than 24 months after the Effective Date to prepare and recommend a management plan for the Park..

4.2 The Steering Committee shall be comprised of either four or six members of whom half shall be designated by the Yukon and half shall be designated by the Three First Nations as follows:

4.2.1 the Yukon shall request each of the Three First Nations to designate one member;

4.2.2 if each of the Three First Nations designates a member within 90 days of receiving the request to do so, the Steering Committee shall be comprised of six members and the Yukon shall designate three members;

4.2.3 if only two of the Three First Nations designate members within 90 days of receiving the request to do so, the Steering Committee shall be comprised of four members and the Yukon shall designate two members;

4.2.4 if only one of the Three First Nations designates a member within 90 days of receiving the request to do so, the Yukon shall request that First Nation to designate a second member and, upon it doing so, the Yukon shall designate two members so that the Steering Committee will be comprised of four members.

CROSS REFERENCED CLAUSES:
Chapter 10 Schedule A 2.1 (all), 4.3, 4.4

PLANNING ASSUMPTION:

1. Yukon and KDFN, CTFN or CAFN, if designating a member or members to the Steering Committee, shall complete all designations within 24 months following Effective Date.

OBLIGATIONS ADDRESSED:

Chapter 10 Schedule A

5.1 The Steering Committee shall endeavour to recommend a management plan to the Yukon and to each of the Three First Nations within 24 months of the establishment of the Steering Committee.

5.2 The management plan shall be consistent with the objectives set out in 2.1.3 to 2.1.9 of this schedul e and with the Parks and Land Certain ty Act, R.S.Y. 2002, c. 165.

5.3 In preparing the management plan, the Steering Committee shall provide for a public consultation process which recognizes the territorial significance of the Park.

5.6 Prior to approval of the management plan, the Steering Committee shall refer the management plan to the Yukon Heritage Resources Board, and such of the Ibex Renewable Resources Council, the Carcross/Tagish Renewable Resources Council and the Alsek Renewable Resources Council as may exist at that time for their review and recommendations.

5.8 The Steering Committee shall forward a proposed management plan to the Yukon and to each of the Three First Nations indicating what matters, if any, remain outstanding.

6.1 Within 90 days of receipt of the management plan from the Steering Committee, the Yukon shall request each of the Three First Nations to participate in a joint review of the provisions set out therein and any outstanding matters.

6.2 If any of the Three First Nations does not agree to participate in the review under 6.1 within 90 days of being requested by the Yukon to do so, the review may proceed without their participation.

6.3 The parties participating in the review under 6.1 shall make reasonable efforts to reach a consensus as to the provisions to be included in the management plan.

6.4 If the parties participating in the review do not reach a consensus under 6.3 within 90 days of commencement of the review, any of them may refer the matter to the dispute resolution process under 26.4.0.

6.5 If the matter is referred to the dispute resolution process under 6.4 and is not resolved, or if the matter under 6.4 is not referred to dispute resolution, the Minister may accept, vary or set aside the provisions set out in the management plan from the Steering Committee.

6.6 The decision of the Minister under 6.5 as to the provisions to be included in the management plan shall be forwarded to each of the Three First Nations in writing.

CROSS REFERENCED CLAUSES:
Chapter 10 Schedule A 2.1.3 to 2.1.9, 5.4 (all), 5.5, 5.7, 13.1.0 (all), 13.8.0 (all)

PLANNING ASSUMPTIONS:

1. The work plan discussions will identify time lines, budgetary and other resources indicated by each party for their participation in the process of developing the management plan.
2. Yukon will forward a copy of the Approved Management Plan and any amended Approved Management Plan to the Regional Land Use Planning Commission(s).

OBLIGATIONS ADDRESSED:

Chapter 10 Schedule A

7.1 Yukon shall manage the Park in accordance with the Approved Management Plan and the Parks and Land Certainty Act, R.S.Y. 2002, c. 165.

7.2 Prior to the implementation of the Approved Management Plan, Yukon shall manage the Park in accordance with the Parks and Land Certainty Act, RSY 2002, c. 165 and to the extent practicable in a manner consistent with the objectives set out in 2.0 of this schedule.

7.3 Upon the land, or any portion thereof, shown as KDFN R-11B, KDFN R-37B, KDFN S-322B/D, and KDFN S-358B on Map Sheet Kusawa Park in Appendix B — Maps, which forms a separate volume to this Agreement, becoming Settlement Land of the Kwanlin Dun First Nation, the Kwanlin Dun First Nation shall manage those Parcels of Settlement Land, to the extent practicable, in a manner consistent with the objectives set out in 2.1.3 to 2.1.8 inclusive and any uses thereof authorized by the Kwanlin Dun First Nation shall be compatible with the uses which may be made of the Park.

7.7 Government shall manage the mines and minerals in, on or under the Area and the right to work the mines and minerals in accordance with Laws of General Application.

7.8 In managing the mines and minerals in, on or under the Area and the right to work the mines and minerals in accordance with Laws of General Application, Government shall, to the extent practicable, take into account the objectives set out in 2.0 of this schedule.

7.9 Prior to the land described in 7.3 and 7.4 of this schedule becoming Settlement Land of the Kwanlin Dun First Nation or the Carcross/Tagish First Nation, the Yukon shall, to the extent practicable, manage that land in a manner consistent with the objectives set out in 2.1.3 to 2.1.8 inclusive and any uses thereof authorized by the Yukon shall be compatible with the uses which may be made of the Park.

CROSS REFERENCED CLAUSES:
Chapter 10 Schedule A 2.0 (all), 7.4, 7.5, 7.6; 26.4.0 (all); Appendix B — Maps 'Kusawa Park'

OBLIGATIONS ADDRESSED:

Chapter 10 Schedule A

8.1 The Yukon shall request each of the Three First Nations to participate in a joint review of the Approved Management Plan no later than 5 years after its initial approval and at least every 10 years after the first review, unless otherwise agreed by Yukon and each of the Three First Nations.

8.2 If any of the Three First Nations does not agree to participate in the review under 8.1, within 90 days of being requested by the Yukon to do so, the review may proceed without their participation.

8.4 Review of the Approved Management Plan under 8.1 shall include a process for public consultation.

8.5 The parties participating in the review under 8.1 shall make reasonable efforts to reach consensus as to any action to be taken as a result of the review of the Approved Management Plan.

8.6 If the parties participating in the review under 8.1 are unable, within 90 days of completion of the review of the Approved Management Plan, to reach consensus pursuant to 8.5, any of them may refer the matter to the dispute resolution process under 26.4.0.

8.7 If the matter is referred to the dispute resolution process under 8.6 and is not resolved, or if the matter under 8.6 is not referred to dispute resolution, the Minister shall determine what action, if any, shall result from the review of the Approved Management Plan and shall advise each of the Three First Nations of the decision in writing.

CROSS REFERENCED CLAUSES:
Chapter 10 Schedule A 8.3, 8.8; 26.4.0

PLANNING ASSUMPTIONS:

1. The terms of reference discussions will identify time lines, budgetary and other resources indicated by each party for its participation in carrying out the review.

OBLIGATIONS ADDRESSED:

Chapter 10 Schedule A

8.3 At the time of a review of the Approved Management Plan under 8.1, any of the Three First Nations may request the Yukon to consider an adjustment of the boundaries of the Park. Within 90 days of receiving such a request, the Yukon shall advise each of the Three First Nations, in writing, of its response to such request.

CROSS REFERENCED CLAUSES:
Chapter 10 Schedule A 8.1

OBLIGATIONS ADDRESSED:

Chapter 10 Schedule A

8.9 The Yukon and, subject to 8.10, each of the Three First Nations shall consider and may develop mechanisms or enter into agreements to facilitate co-operative implementation and monitoring of the Approved Management Plan.

8.11 Following the first anniversary of approval of the Approved Management Plan, the Yukon and, subject to 8.12 each of the Three First Nations, shall meet once a year, if requested by any of them, to review the implementation of the Approved Management Plan by the Yukon.

CROSS REFERENCED CLAUSES:
Chapter 10 Schedule A 8.10, 8.12, 13.1.0 (all), 13.8.0 (all)

OBLIGATIONS ADDRESSED:

Chapter 10 Schedule A

11.1 Applicable First Nation languages shall be included, where practicable, in any interpretive displays and signs regarding the history and culture of Carcross/Tagish People, Kwanlin Dun or Champagne and Aishihik People that may be erected in, or related to, the Park.

CROSS REFERENCED CLAUSES:
Chapter 10 Schedule A 11.2, 11.3, 11.4, 13.1.0 (all), 13.8.0 (all)

PLANNING ASSUMPTION:

1. KDFN, CTFN or CAFN may recommend to Yukon interpretive displays and signs that may be erected in, or related to, the Park.

OBLIGATIONS ADDRESSED:

Chapter 10 Schedule A

11.2 When considering the naming or renaming of places or features in the Park, the responsible agency shall Consult with each of the Three First Nations.

CROSS REFERENCED CLAUSES:
Chapter 10 Schedule A 11.1, 11.3, 11.4, 13.1.0 (all), 13.8.0 (all)

OBLIGATIONS ADDRESSED:

Chapter 10 Schedule A

12.1 Government shall provide written notice to each of the Three First Nations of any public tender for contracts associated with establishment of the Park, construction of the Park facilities or operation and maintenance of the Park.

12.7 Government shall include in any contract opportunities associated with establishment of the Park, construction of the Park facilities or operation and maintenance of the Park, criteria for:

12.7.1 employment of Carcross/Tagish People or engagement of Carcross/Tagish Firms;

12.7.2 employment of Kwanlin Dun or engagement of Kwanlin Dun Firms; and

12.7.3 employment of Champagne and Aishihik People or engagement of Champagne and Aishihik Firms.

CROSS REFERENCED CLAUSES:
Chapter 10 Schedule A 12.4, 12.8, 12.9, 22.5.1

OBLIGATIONS ADDRESSED:

Chapter 10 Schedule A

12.2 Government shall include each of the Three First Nations in any invitational tender for contracts associated with establishment of the Park, construction of the Park facilities or operation and maintenance of the Park.

12.7 Government shall include in any contract opportunities associated with establishment of the Park, construction of the Park facilities or operation and maintenance of the Park, criteria for:

12.7.1 employment of Carcross/Tagish People or engagement of Carcross/Tagish Firms;

12.7.2 employment of Kwanlin Dun or engagement of Kwanlin Dun Firms; and

12.7.3 employment of Champagne and Aishihik People or engagement of Champagne and Aishihik Firms.

CROSS REFERENCED CLAUSES:
Chapter 10 Schedule A 12.5, 12.8, 12.9, 22.5.1

OBLIGATIONS ADDRESSED:

Chapter 10 Schedule A

12.3 The Three First Nations shall have the first opportunity to accept any contract offered by Government, other than by public or invitational tender, associated with establishment of the Park, construction of the Park facilities or operation and maintenance of the Park, upon the same terms and conditions as would be offered to others. A first opportunity shall be offered in the following manner:

12.3.1 Government shall give notice in writing to each of the Three First Nations specifying the terms and conditions of any such contract;

12.3.2 the Three First Nations may exercise the first opportunity referred to in 12.3 by each of them advising Government in writing within 60 days of receipt of the notice referred to in 12.3.1, specifying the entity which will be accepting such contract provided that:

12.3.2.1 if any of the Three First Nations does not advise Government within the time and in the manner specified in 12.3.2, that First Nation shall be deemed to have given notice that it declines the first opportunity to accept the contract and the contract may be accepted by the remainder of the Three First Nations within the time and in the manner specified in 12.3.2;

12.3.2.2 if those of the Three First Nations who advise Government pursuant to 12.3.2 do not specify the same entity which will be accepting the contract then:

1. if any of those Three First Nations does not have in effect a Final Agreement that includes this schedule and that First Nation has specified a different entity, it shall be deemed to have given notice that it declines the first opportunity to accept the contract and the contract may be accepted by the remainder of the Three First Nations; or
2. if those of the Three First Nations who have in effect a Final Agreement that includes this schedule specify different entities, each of them shall be deemed to have given notice that they do not accept the first opportunity to accept the contract.

12.7 Government shall include in any contract opportunities associated with establishment of the Park, construction of the Park facilities or operation and maintenance of the Park, criteria for:

12.7.1 employment of Carcross/Tagish People or engagement of Carcross/Tagish Firms;

12.7.2 employment of Kwanlin Dun or engagement of Kwanlin Dun Firms; and

12.7.3 employment of Champagne and Aishihik People or engagement of Champagne and Aishihik Firms.

CROSS REFERENCED CLAUSES:
Chapter 10 Schedule A 12.4, 12.5, 12.6, 12.8, 12.9

OBLIGATIONS ADDRESSED:

Chapter 10 Schedule B

3.2 Except as provided in 3.3, as soon as practicable after the Effective Date and following the transfer referred to in 3.1, the Yukon shall designate the Area as a habitat protection area pursuant to the Wildlife Act, R.S.Y. 2002, c. 229, to be known as the Lewes Marsh Habitat Protection Area.

3.4 The designation as a protected habitat area shall not be removed from any part of the Habitat Protection Area without the agreement of the Yukon, the Kwanlin Dun First Nation, the Carcross/Tagish First Nation, the Ta'an Kwach'an Council and Canada.

3.5 Subject to 3.8 and 3.9, Government shall, no later than the Effective Date:

3.5.1 prohibit entry on the Area for the purpose of locating, prospecting or mining under the Quartz Mining Act, S.Y. 2003, c. 14 and the Placer Mining Act, S.Y. 2003, c. 13;

3.5.2 withdraw the mines and minerals, in, on or under the Area from disposal under the Territorial Lands (Yukon) Act, S.Y. 2003, c. 17.

3.6 Subject to 3.8 and 3.9, the Yukon shall, no later than the Effective Date, withdraw the Area from disposition under the Oil and Gas Act, R.S.Y. 2002, c. 162.

3.7 Subject to 3.8 and 3.9, no one may explore for coal in, on or under the Area.

CROSS REFERENCED CLAUSES:
Chapter 10 Schedule B 3.1, 3.3, 3.8, 3.9; Appendix B — Maps 'Lewes Marsh Habitat Protection Area'

OBLIGATIONS ADDRESSED:

Chapter 10 Schedule B

4.1 A steering committee (the "Steering Committee") shall be established as soon as practicable after the Effective Date to prepare and recommend a management plan for the Habitat Protection Area.

4.2 The Steering Committee shall be comprised of three, four or six members designated as follows:

4.2.1 Government shall request that each of the Carcross/Tagish First Nation, the Kwanlin Dun First Nation and the Ta'an Kwach'an Council designate one member;

4.2.2 if three members are designated within 90 days of receiving the request to do so pursuant to 4.2.1, the Steering Committee shall be comprised of six members and Government shall designate three members of whom one shall be designated by Canada and two shall be designated by the Yukon;

4.2.3 if only two members are designated within 90 days of receiving the request to do so pursuant to 4.2.1, the Steering Committee shall be comprised of four members and Government shall designate two members of whom one shall be designated by Canada and one shall be designated by the Yukon;

4.2.4 if only one member is designated within 90 days of receiving the request to do so pursuant to 4.2.1, the Steering Committee shall be comprised of three members and Government shall designate two members of whom one shall be designated by Canada and one shall be designated by the Yukon.

CROSS REFERENCED CLAUSES:
Chapter 10 Schedule B 3.2, 4.3, 4.4

OBLIGATIONS ADDRESSED:

Chapter 10 Schedule B

5.1 The Steering Committee shall endeavour to recommend a management plan to the Yukon, the Kwanlin Dun First Nation, the Carcross/Tagish First Nation, the Ta'an Kwach'an Council and Canada within 24 months of the establishment of the Steering Committee.

5.2 The management plan shall be consistent with the objectives set out in 2.1.2 to 2.1.10 of this schedule and with the Wildlife Act, R.S.Y. 2002, c. 229.

5.4 The preparation of the management plan shall include a process for public consultation.

5.5 Prior to approval of the management plan, the Steering Committee may refer the management plan to such of the Ibex Renewable Resources Council, the Carcross/Tagish Renewable Resources Council and the Laberge Renewable Resources Council as may exist at that time for their review and recommendations.

5.6 In preparing a management plan to recommend pursuant to 5.1, if the members of the Steering Committee are unable to reach a consensus as to the matters to be included in a management plan, any member of the Steering Committee may, upon direction from the body that designated them, refer the matter to dispute resolution under 26.4.0.

5.7 The Steering Committee shall forward a proposed management plan to the Yukon, the Kwanlin Dun First Nation, the Carcross/Tagish First Nation, the Ta'an Kwach'an Council and Canada indicating what matters, if any, remain outstanding.

6.1 Within 90 days of receipt of the management plan from the Steering Committee, the Yukon shall request each of Canada, the Kwanlin Dun First Nation, the Carcross/Tagish First Nation and the Ta'an Kwach'an Council to participate in a joint review of:

6.1.1 any recommendations made pursuant to 5.3.12 with a view to reaching a consensus on whether to act upon any such recommendations; and

6.1.2 all other provisions set out in the management plan from the Steering Committee, and any outstanding matters.

6.2 If the Kwanlin Dun First Nation, the Carcross/Tagish First Nation or the Ta'an Kwach'an Council does not participate in the review under 6.1, within 90 days of being requested by Government to do so, the review may proceed without their participation.

6.3 The parties participating in the review under 6.1.2 shall make reasonable efforts to reach a consensus as to the provisions to be included in the management plan.

6.4 If the parties participating in the review fail to reach a consensus under 6.3, theMinister may accept, vary or set aside the provisions set out in the management plan from the Steering Committee.

6.5 The decision of theMinister under 6.4 as to the provisions to be included in the management plan shall be forwarded in writing to the Kwanlin Dun First Nation, the Carcross/Tagish First Nation, the Ta'an Kwach'an Council and Canada.

CROSS REFERENCED CLAUSES:
Chapter 10 Schedule B 3.2, 5.3 (all); 26.4.0

PLANNING ASSUMPTIONS:

1. The work plan discussions will identify time lines, budgetary and other resources indicated by each party for their participation in the process of developing the management plan.
2. Yukon will forward a copy of the Approved Management Plan to the Regional Land Use Planning Commission(s).

OBLIGATIONS ADDRESSED:

Chapter 10 Schedule B

7.1 The Yukon shall manage the Habitat Protection Area in accordance with the Approved Management Plan and the Wildlife Act, R.S.Y. 2002, c. 229.

7.1.1 If the designation for the Area is changed as a result of a consensus reached under 6.1.1, this schedule shall be amended to reflect the new designation.

7.2 Prior to the implementation of the Approved Management Plan, the Yukon shall manage the Habitat Protection Area in accordance with the Wildlife Act, R.S.Y. 2002, c. 229 and to the extent practicable, in a manner consistent with the objectives set out at 2.1.2 to 2.1.10 inclusive of this schedule.

7.3 Upon the cross-hatched portion of the land shown as KDFN R-7A on Map Sheet Lewes Marsh Habitat Protection Area in Appendix B — Maps, which forms a separate volume to this Agreement, becoming Settlement Land of the Kwanlin Dun First Nation, the Kwanlin Dun First Nation shall manage that land:

7.3.1 prior to the implementation of the Approved Management Plan, to the extent practicable, in a manner consistent with the objectives set out at 2.1.2 to 2.1.8 inclusive of this schedule; or

7.3.2 following the implementation of the Approved Management Plan, in a manner consistent therewith and any uses thereof authorized by the Kwanlin Dun First Nation shall be compatible with the uses which may be made of the Habitat Protection Area.

7.5 Government shall manage the mines and minerals in, on or under the Area and the right to work the mines and minerals in accordance with Laws of General Application.

7.6 In managing the mines and minerals in, on or under the Area and the right to work the mines and minerals in accordance with Laws of General Application, Government shall, to the extent practicable, take into account the objectives set out in 2.1.2 to 2.1.10 inclusive of this schedule.

7.7 Prior to the land described in 7.3 and 7.4 of this schedule becoming Settlement Land of the Kwanlin Dun First Nation or the Carcross/Tagish First Nation, the Yukon shall manage that land:

7.7.1 prior to the implementation of the Approved Management Plan, to the extent practicable, in a manner consistent with the objectives set out at 2.1.2 to 2.1.8 inclusive of this schedule; or

7.7.2 following the implementation of the Approved Management Plan, in a manner consistent therewith and any uses thereof authorized by the Yukon shall be compatible with the uses which may be made of the Habitat Protection Area.

CROSS REFERENCED CLAUSES:
Chapter 10 Schedule B 2.1.2 to 2.1.8, 6.1.1, 6.3, 6.5, 7.4 (all) 9.0 (all),10.1, 11.3, 14.1, 14.2, 14.3 (all); Appendix B — Maps 'Lewes Marsh Habitat Protection Area'

OBLIGATIONS ADDRESSED:

Chapter 10 Schedule B

8.1 Unless otherwise agreed, the Yukon shall request each of Canada, the Kwanlin Dun First Nation, the Carcross/Tagish First Nation and the Ta'an Kwach'an Council to participate in a joint review of the Approved Management Plan no later than five years after its initial approval and at least every 10 years thereafter.

8.2 If the Kwanlin Dun First Nation, the Carcross/Tagish First Nation or the Ta'an Kwach'an Council declines to participate in the review under 8.1, within 90 days of being requested by the Yukon to do so, the review may proceed without their participation.

8.3 Review of the Approved Management Plan under 8.1 shall include a process for public consultation.

8.4 The parties participating in the review under 8.1 shall make reasonable efforts to reach consensus as to any action to be taken as a result of the review of the Approved Management Plan.

8.5 The Minister shall determine what action, if any, shall result from the review of the Approved Management Plan and shall advise the Kwanlin Dun First Nation, the Carcross/Tagish First Nation, the Ta'an Kwach'an Council and Canada of the decision in writing.

8.6 Amendments to the Approved Management Plan, other than through the review process set out in 8.1 to 8.5, may only be made by the Yukon, and shall follow a process based on the principles of 8.1, 8.2, 8.4 and 8.5.

CROSS REFERENCED CLAUSES:
Chapter 10 Schedule B 5.3 (all), 7.1 (all), 7.3, 7.4, 7.5, 7.6, 9.1 (all), 10.1, 11.1, 11.3, 14.1, 14.2, 14.3 (all)

OBLIGATIONS ADDRESSED:

Chapter 10 Schedule B

11.1 Applicable First Nation languages shall be included, where practicable, in any interpretive displays and signs regarding the history and culture of Carcross/Tagish People, Kwanlin Dun and Ta'an Kwachan that may be erected in, or related to, the Habitat Protection Area.

CROSS REFERENCED CLAUSES:
Chapter 10 Schedule B 11.2, 11.3, 13.1.0 (all), 13.8.0 (all)

PLANNING ASSUMPTION:

1. KDFN, CTFN or TKC may recommend to Yukon interpretive displays and signs that may be erected in, or related to, the Area.

OBLIGATIONS ADDRESSED:

Chapter 10 Schedule B

11.2 When considering the naming or renaming of places or features in the Habitat Protection Area, the responsible agency shall Consult with the Carcross/Tagish First Nation, the Kwanlin Dun First Nation and the Ta'an Kwach'an Council.

CROSS REFERENCED CLAUSES:
Chapter 10 Schedule B 11.1, 11.3, 13.1.0 (all), 13.8.0 (all)

OBLIGATIONS ADDRESSED:

Chapter 10 Schedule B

12.1 Government shall provide written notice to the Kwanlin Dun First Nation, the Carcross/Tagish First Nation and the Ta'an Kwach'an Council of any public tender for contracts associated with establishment of the Habitat Protection Area, construction of the Habitat Protection Area facilities or operation and maintenance of the Habitat Protection Area.

12.7 Government shall include in any contract opportunities associated with establishment of the Habitat Protection Area, construction of the Habitat Protection Area facilities or operation and maintenance of the Habitat Protection Area, criteria for:

12.7.1 employment of Kwanlin Dun or engagement of Kwanlin Dun Firms;

12.7.2 employment of Carcross/Tagish People or engagement of Carcross/Tagish Firms; and

12.7.3 employment of Ta'an Kwach'an or engagement of Ta'an Kwach'an Firms.

CROSS REFERENCED CLAUSES:
Chapter 10 Schedule B 12.4, 12.8, 12.9; 22.5.1

OBLIGATIONS ADDRESSED:

Chapter 10 Schedule B

12.2 Government shall include the Kwanlin Dun First Nation, the Carcross/Tagish First Nation and the Ta'an Kwach'an Council in any invitational tender for contracts associated with establishment of the Habitat Protection Area, construction of the Habitat Protection Area facilities or operation and maintenance of the Habitat Protection Area.

12.7 Government shall include in any contract opportunities associated with establishment of the Habitat Protection Area, construction of the Habitat Protection Area facilities or operation and maintenance of the Habitat Protection Area, criteria for:

12.7.1 employment of Kwanlin Dun or engagement of Kwanlin Dun Firms;

12.7.2 employment of Carcross/Tagish People or engagement of Carcross/Tagish Firms; and

12.7.3 employment of Ta'an Kwach'an or engagement of Ta'an Kwach'an Firms.

CROSS REFERENCED CLAUSES:
Chapter 10 Schedule B 12.5, 12.8, 12.9; 22.5.1

OBLIGATIONS ADDRESSED:

Chapter 10 Schedule B

12.3 The Kwanlin Dun First Nation, the Carcross/Tagish First Nation and the Ta'an Kwach'an Council shall have the first opportunity to accept any contract offered by Government, other than by public or invitational tender, associated with establishment of the Habitat Protection Area, construction of the Habitat Protection Area facilities or operation and maintenance of the Habitat Protection Area upon the same terms and conditions as would be offered to others. A first opportunity shall be offered in the following manner:

12.3.1 Government shall give notice in writing to the Kwanlin Dun First Nation, the Carcross/Tagish First Nation and the Ta'an Kwach'an Council specifying the terms and conditions of any such contract;

12.3.2 the Kwanlin Dun First Nation, the Carcross/Tagish First Nation and the Ta'an Kwach'an Council may exercise the first opportunity referred to in 12.3 by each of them advising Government in writing, within 60 days of receipt of the notice referred to in 12.3.1, specifying the entity which will be accepting such contract;

12.3.3 if the Kwanlin Dun First Nation, the Carcross/Tagish First Nation or the Ta'an Kwach'an Council fail to advise Government within the time and in the manner specified in 12.3.2, that First Nation shall be deemed to have given notice that it declines the first opportunity to accept the contract and the contract may be accepted by the remaining First Nations pursuant to 12.3.2;

12.3.4 if the Kwanlin Dun First Nation, the Carcross/Tagish First Nation and the Ta'an Kwach'an Council do not specify the same entity which will be accepting the contract, then:

12.3.4.1if one of the First Nations does not have in effect a Final Agreement which includes this schedule, that First Nation shall be deemed to have given notice that it declines the first opportunity to accept the contract and the contract may be accepted by the other First Nations; or

12.3.4.2if all three of the First Nations have in effect a Final Agreement which includes this schedule, all three First Nations shall be deemed to have given notice that they decline the first opportunity to accept the contract.

12.7 Government shall include in any contract opportunities associated with establishment of the Habitat Protection Area, construction of the Habitat Protection Area facilities or operation and maintenance of the Habitat Protection Area, criteria for:

12.7.1 employment of Kwanlin Dun or engagement of Kwanlin Dun Firms;

12.7.2 employment of Carcross/Tagish People or engagement of Carcross/Tagish Firms; and

12.7.3 employment of Ta'an Kwach'an or engagement of Ta'an Kwach'an Firms.

CROSS REFERENCED CLAUSES:
Chapter 10 Schedule A 12.4, 12.5, 12.6, 12.8, 12.9

OBLIGATIONS ADDRESSED:

11.4.2 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.

11.4.2.1 Any Regional Land Use Planning Commission established for a planning region which includes any part of the Traditional Territory of the Kwanlin Dun First Nation shall be composed of one-third nominees of the Kwanlin Dun 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.

11.4.2.2 Government, the Kwanlin Dun 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.

11.4.2.3 The Kwanlin Dun First Nation and the other Yukon First Nations whose Traditional Territories are included in the planning region shall determine the proposed Yukon First Nation nominees to the Regional Land Use Planning Commission, prior to entering the process in 11.4.2.5 and 11.4.2.6.

11.4.2.4 Failing agreement under 11.4.2.2 or determination under 11.4.2.3, Government, the Kwanlin Dun 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.

11.4.2.5 Prior to any appointments being made to a Regional Land Use Planning Commission, Government, the Kwanlin Dun First Nation and the other Yukon First Nations whose Traditional Territories are included in the planning region, shall make reasonable attempts to reach a consensus as to the individuals which each nominates to the Regional Land Use Planning Commission.

11.4.2.6 In attempting to reach consensus under 11.4.2.5, Government, the Kwanlin Dun First Nation and the other Yukon First Nations whose Traditional Territories are included in a planning region, shall consider:

1. any prospective nominee's familiarity with and sensitivity to the culture and aspirations of the Kwanlin Dun First Nation and the other Yukon First Nations whose Traditional Territories are included in a planning region;
2. any prospective nominee's familiarity with land use planning issues;
3. the compatibility of proposed nominees; and
4. any other matters to which Government, the Kwanlin Dun First Nation and the other Yukon First Nations whose Traditional Territories are included in the planning region, agree.

11.4.2.7 If, after having made the reasonable attempts required by 11.4.2.5, Government, the Kwanlin Dun First Nation and the other Yukon First Nations whose Traditional Territories are included in the planning region, are unable to reach a consensus, either may give written notice to the others setting out the names of the individuals which it intends to nominate to the Regional Land Use Planning Commission, and 14 days thereafter, may so nominate those individuals.

CROSS REFERENCED CLAUSES:
11.4.3, 26.3.0 (all)

OBLIGATIONS ADDRESSED:

11.6.2 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.

11.6.3 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:

11.6.3.1 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 reasons; and

11.6.3.2 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.

CROSS REFERENCED CLAUSES:
11.4.4, 11.6.1

PLANNING ASSUMPTIONS:

1. To the extent practicable, Government and KDFN will undertake the necessary Consultation with respect to Non-Settlement and Settlement Land aspects of the plan in a coordinated fashion.
2. When reviewing the part of the plan which applies to Non-Settlement Land, Government will consider the entire recommended regional land use plan.

OBLIGATIONS ADDRESSED:

11.6.4 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.

11.6.5 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:

11.6.5.1 the Regional Land Use Planning Commission shall reconsider the plan and make a final recommendation for a regional land use plan to that affected Yukon First Nation, with written reasons; and

11.6.5.2 the affected Yukon First Nation shall then approve, reject or modify the plan recommended under 11.6.5.1 after Consultation with Government.

CROSS REFERENCED CLAUSES:
11.4.4, 11.6.1

PLANNING ASSUMPTIONS:

1. To the extent practicable, Government and KDFN will undertake the necessary Consultation with respect to Non-Settlement and Settlement Land aspects of the plan in a coordinated fashion.
2. When reviewing the part of the plan which applies to Settlement Land, KDFN will consider the entire recommended regional land use plan.

OBLIGATIONS ADDRESSED:

11.8.3.1Upon written request, Government and the Kwanlin Dun First Nation shall meet once a year to discuss Government and Kwanlin Dun First Nation land use planning initiatives, priorities and opportunities for joint sub-regional or district land use planning in the Traditional Territory of the Kwanlin Dun First Nation.

CROSS REFERENCED CLAUSES:
11.8.0 (all)

OBLIGATIONS ADDRESSED:

11.8.4 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.

11.8.4.1 Where Government proposes to develop a sub-regional or district land use plan for a sub-region or district within the Traditional Territory of the Kwanlin Dun First Nation, Government shall, subject to 11.8.4.2, 11.8.4.3 and 11.8.4.6, develop that plan jointly with the Kwanlin Dun First Nation.

11.8.4.4 At least 30 days prior to commencing development of a proposed sub-regional or district land use plan, Government shall provide written notice to the Kwanlin Dun First Nation of either its intent to develop the proposed plan jointly with the Kwanlin Dun First Nation or its decision to develop the proposed plan on its own.

11.8.4.5 Within 14 days of receipt of a notice under 11.8.4.4 from Government that it intends to develop a proposed sub-regional or district land use plan jointly, the Kwanlin Dun First Nation shall provide written notice to Government of whether it wishes to participate in the development of a joint plan.

11.8.4.6 Where the Kwanlin Dun First Nation provides written notice to Government that it does not wish to develop a proposed sub-regional or district land use plan jointly or fails to provide any notice to Government within the time specified in 11.8.4.5, Government may develop the proposed plan on its own.

11.8.4.9 Subsequent to provision of a notice under 11.8.4.4 and commencement of the subregional or district land use planning, Government shall, within 30 days of receipt of a written request by the Kwanlin Dun First Nation, provide the following information if such information is available at the time of the request:

1. the planning terms of reference;
2. the preliminary sub-regional or district land use plan;
3. the final approved sub-regional or district land use plan; and
4. the implementation of the sub-regional or district land use plan.

11.8.4.10 For greater certainty, if Government and the Kwanlin Dun First Nation agree to develop a sub-regional or district land use plan jointly, that plan shall be developed by a Regional Land Use Planning Commission established pursuant to 11.4.0, or a body similar in composition, and that plan shall be approved in accordance with the process set out in 11.6.0.

11.8.4.11 Where Government and the Kwanlin Dun First Nation agree to develop a sub-regional or district land use plan jointly, the need to involve other affected Yukon First Nations in the planning process shall be addressed.

CROSS REFERENCED CLAUSES:
11.4.0 (all), 11.6.0 (all), 11.8.4.2, 11.8.4.3, 11.8.4.7, 11.8.4.8, 11.8.5, 11.9.4

PLANNING ASSUMPTION:

1. Where KDFN provides written notice that it does not want to develop a joint plan or fails to provide written notice to Yukon on the matter within 14 days of receiving notice from Yukon, Yukon may develop the proposed plan on its own.

OBLIGATIONS ADDRESSED:

11.8.4.2 Where Government believes that reasonable grounds exist to not develop a proposed subregional or district land use plan jointly with Kwanlin Dun First Nation, Government may, subject to 11.8.4.3, develop the proposed plan on its own.

11.8.4.3 Prior to developing a proposed sub-regional or district land use plan on its own pursuant to 11.8.4.2, Government shall meet with Kwanlin Dun First Nation to discuss the circumstances underlying its belief that reasonable grounds exist for not developing a plan jointly with a view to resolving those circumstances in order that a plan can be developed jointly.

11.8.4.4 At least 30 days prior to commencing development of a proposed sub-regional or district land use plan, Government shall provide written notice to Kwanlin Dun First Nation of either its intent to develop the proposed plan jointly with Kwanlin Dun First Nation or its decision to develop the proposed plan on its own.

11.8.4.8 Where Government decides in accordance with the provisions of 11.8.4.2 to develop a subregional or district land use plan on its own, the notice required pursuant to 11.8.4.4 shall include the following:

1. the proposed sub-region or district of the Traditional Territory of Kwanlin Dun First Nation to be planned;
2. the nature of the planning in the proposed sub-region or district of the Traditional Territory of the Kwanlin Dun First Nation; and
3. any other matter considered relevant by the party carrying out the planning.

11.8.4.9 Subsequent to provision of a notice under 18.8.4.4 and commencement of the sub-regional or district land use planning, Government shall, within 30 days of receipt of a written request by Kwanlin Dun First Nation, provide information and/or briefings with respect to the following matters, if completed at the time of such request:

1. the planning terms of reference;
2. the preliminary sub-regional or district land use plan;
3. the final approved sub-regional or district land use plan; and
4. the implementation of the sub-regional or district land use plan.

CROSS REFERENCED CLAUSES:
11.8.4 , 11.8.5

OBLIGATIONS ADDRESSED:

13.3.1 Each Yukon First Nation shall own and manageMoveable 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.

13.4.4 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.

13.4.7 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.

13.10.8 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.

CROSS REFERENCED CLAUSES:
13.3.8, 13.4.1, 13.4.2, 13.4.8

PLANNING ASSUMPTION:

1. Canada and Yukon will assist KDFN to access existing funding programs, if any, including those programs designed to develop facilities to display and house Heritage Resources.

OBLIGATIONS ADDRESSED:

13.3.2 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, that are found in its respective Traditional Territory and that are directly related to the culture and history of Yukon Indian People.

13.3.2.1If 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.

13.3.5 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.

13.3.6 If the object in 13.3.5 is determined by the Yukon Heritage Resources Board to be:

13.3.6.1an ethnographic object directly related to the culture and history of Yukon Indian People, it shall be owned and managed by the Yukon First Nation in whose Traditional Territory it was found; or

13.3.6.2an ethnographic object not directly related to the culture and history of Yukon Indian People, or to be a palaeontological or an archaeological object, it shall be owned and managed by Government.

CROSS REFERENCED CLAUSES:
13.3.3, 13.3.7, 13.3.8, 13.4.1, 13.4.2, 13.4.8, 13.5.3, 13.5.3.6, 13.6.1

PLANNING ASSUMPTION:

1. Yukon and Canada will assist KDFN to access existing funding programs, if any, including those programs designed to develop facilities to display and house Heritage Resources.

OBLIGATIONS ADDRESSED:

13.4.1 As the Heritage Resources of Yukon Indian People are underdeveloped relative to non- Indian Heritage Resources, priority in the 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.

13.4.2 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.

CROSS REFERENCED CLAUSES:
2.6.7, 13.1.0 (all), 13.3.1, 13.3.2 (all), 13.3.3, 13.3.4, 13.3.5, 13.3.6 (all), 13.3.8 (all), 13.4.3, 13.4.8, 13.5.3 (all), 13.7.1, 13.8.1.2, 13.8.1.3, 13.8.1.4, 13.8.2, 13.8.3 (all), 13.8.7 (all), 13.9.1 (all), 13.10.4, 13.10.5, 13.10.7, 13.10.8, 13.11.2, 13.11.3, 13.11.4; Chapter 13 Schedule A (all); 28.3.3.5

PLANNING ASSUMPTIONS:

1. The strategic plan will set out a collaborative, complementary approach to the development and management of heritage resources in KDFN Traditional Territory, and will provide a framework to guide the priority-setting in the allocation of Government program resources available from time to time for Yukon Heritage Resources development and management which shall, where practicable, be given to the development and management of the Heritage Resources of Yukon Indian People until an equitable distribution of program resources is achieved, by:
   1. identifying related long-term and short-term priorities of KDFN, Canada and the Yukon;
   2. coordinating the activities, projects and/or short-term or long-term plans by which each party will address its identified priorities and common priorities of the Parties;
   3. identifying sources of funding and/or other resources from KDFN, Canada and the Yukon, as appropriate and as may be available from time to time, to support the activities, projects and/or plans, including opportunities to partner such activities, projects and/or plans with other related initiatives of those governments; and
   4. identifying opportunities and developing strategies to access any additional sources of funding and/or other resources for which the activities, projects and/or plans may be eligible.
2. Terms of reference for the strategic plan shall include:
   1. consideration of the objectives set out in 13.1.0;
   2. an approach that recognizes the historical underdevelopment of the Heritage Resources of Yukon Indian People;
   3. establishment of criteria and a process for evaluation of progress in achieving and maintaining an equitable distribution of Government program resources available from time to time for the development and management of Heritage Resources of Yukon Indian People as required pursuant to 13.4.1 and 13.4.2, including consideration of:
      • how the activities, projects and/or plans set out in the strategic plan, and related allocations of Government program resources, contribute to achieving the objective of 13.4.1 and 13.4.2 with respect to equitable distribution of program resources; and
      • allocations of Government program resources for the development and management of Heritage Resources of Yukon Indian People of all Yukon First Nations; and
   4. consideration of the activities required pursuant to 2.6.7, 13.1.0 (all), 13.3.1, 13.3.2 (all), 13.3.3, 13.3.4, 13.3.5, 13.3.6 (all), 13.3.8 (all), 13.4.3, 13.4.8, 13.5.3 (all), 13.7.1, 13.8.1.2, 13.8.1.3, 13.8.1.4, 13.8.2, 13.8.3 (all), 13.8.7 (all), 13.9.1, 13.10.4, 13.10.5, 13.10.7, 13.10.8, 13.11.2, 13.11.3, 13.11.4; Chapter 13 Schedule A (all), 28.3.3.5.
3. The terms of reference for the strategic plan may also include:
   1. the roles and participation of the Parties in developing, monitoring, reviewing and amending the strategic plan; and
   2. such other matters as the Parties may agree.
4. The development and implementation of the strategic plan, as described in the activities set out above, may be coordinated with the development and implementation of similar strategic plans for (an) other Yukon First Nation(s), at the discretion of Government, KDFN and the other Yukon First Nation(s).
5. The development and management of the Heritage Resources of Yukon Indian People in that part of KDFN Traditional Territory which, from time to time, overlaps the Traditional Territory of another YFN, will not be addressed in the strategic plan except to the extent that ownership of the Heritage Resource has been established pursuant to 13.3.2.1.
6. At discretion of the YHRB, the Parties may consult with the YHRB at any time during development of the terms of reference and/or of the strategic plan.

OBLIGATIONS ADDRESSED:

13.4.3 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.

CROSS REFERENCED CLAUSES:
13.4.1, 13.4.2, 13.4.8, 13.10.2

PLANNING ASSUMPTION:

1. Government will assist KDFN to access existing funding programs, if any, including those programs designed to develop facilities to display and house Heritage Resources.

OBLIGATIONS ADDRESSED:

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

CROSS REFERENCED CLAUSES:
13.10.3

PLANNING ASSUMPTION:

1. The arrangements and procedures for Consultation will include provision for revising these arrangements and procedures from time to time.

OBLIGATIONS ADDRESSED:

13.4.8 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.

CROSS REFERENCED CLAUSES:
2.7.1, 13.4.1, 13.4.2, 13.5.3, 13.5.3.7

OBLIGATIONS ADDRESSED:

13.5.3 The Board may make recommendations to theMinister and to Yukon First Nations on:

13.5.3.6 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;

CROSS REFERENCED CLAUSES:
13.3.2.1, 13.3.6, 13.3.7, 13.4.1, 13.4.2, 13.5.4

PLANNING ASSUMPTIONS:

1. When making recommendations respecting issues affecting lands administered by Parks Canada Agency, the YHRB will address recommendations to the appropriate federal Minister.
2. In developing definitions of ethnographic, palaeontological objects etc., it is expected that the Yukon, YFNs, and Canada will agree on a single definition for each term.
3. Pursuant to 13.5.4, if Government or Yukon First Nations are rejecting recommendations of the YHRB, they shall provide the YHRB with one opportunity to resubmit recommendations.

OBLIGATIONS ADDRESSED:

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

13.7.2 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.

CROSS REFERENCED CLAUSES:
2.7.1, 13.4.1, 13.4.2

PLANNING ASSUMPTION:

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

OBLIGATIONS ADDRESSED:

13.8.1.1 The ownership of land in the Traditional Territory of the Kwanlin Dun First Nation is not affected by reason of that land being a Heritage Site or a Designated Heritage Site.

13.8.1.2 Government shall provide the Kwanlin Dun First Nation with a written inventory of the sites within the Traditional Territory of the Kwanlin Dun First Nation which are identified by Government as Heritage Sites directly related to the culture and heritage of Kwanlin Dun, including information on their location and character, which have been documented by Government at the Effective Date of this Agreement.

CROSS REFERENCED CLAUSES:
13.4.1, 13.4.2

OBLIGATIONS ADDRESSED:

13.8.1.3 Government shall inform the Kwanlin Dun First Nation when land within the Traditional Territory of the Kwanlin Dun First Nation is identified by Government as a proposed Designated Heritage Site or as a Heritage Site directly related to the culture and heritage of Kwanlin Dun.

CROSS REFERENCED CLAUSES:
13.4.1, 13.4.2, 13.5.3, 13.5.3.9, 13.8.1.4, 13.8.1.6

OBLIGATIONS ADDRESSED:

13.8.1.4 When requested by the Kwanlin Dun 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 Kwanlin Dun which is on Non-Settlement Land, Category B Settlement Land or Fee Simple Settlement Land within the Traditional Territory of the Kwanlin Dun First Nation, pending a decision by theMinister whether to designate the Heritage Site as a Designated Heritage Site.

13.8.1.5 Government shall Consult with the Kwanlin Dun First Nation regarding the terms and conditions of the temporary protection which might apply to the Heritage Site pursuant to 13.8.1.4.

CROSS REFERENCED CLAUSES:
13.4.1, 13.4.2

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.

OBLIGATIONS ADDRESSED:

13.8.1.7 Government and the Kwanlin Dun First Nation may negotiate arrangements for the ownership, management and protection of a Heritage Site on Non-Settlement Land within the Traditional Territory of the Kwanlin Dun First Nation which is directly related to the culture and heritage of Kwanlin Dun.

CROSS REFERENCED CLAUSES:
13.4.1, 13.4.2, 13.8.1.6, 13.8.2, 13.8.3, 13.8.3.1, 13.8.6

OBLIGATIONS ADDRESSED:

13.8.2 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.

CROSS REFERENCED CLAUSES:
5.5.1 (all), 13.4.1, 13.4.2, 13.8.1.6

OBLIGATIONS ADDRESSED:

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

13.8.3.1 Government and the Kwanlin Dun First Nation shall Consult each other during the development and drafting of the permit system referred to in 13.8.3.

CROSS REFERENCED CLAUSES:
5.5.1 (all), 13.3.1, 13.4.1, 13.4.2, 13.8.3.2

OBLIGATIONS ADDRESSED:

13.8.3.3 Government shall Consult the Kwanlin Dun First Nation before issuing a permit for research at a Heritage Site which is directly related to the culture and heritage of Kwanlin Dun in the Traditional Territory of the Kwanlin Dun First Nation.

CROSS REFERENCED CLAUSES:
13.8.3, 13.8.3.2(all), 13.8.4, 13.8.5(all)

OBLIGATIONS ADDRESSED:

13.8.4 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.

13.8.5 Government and the affected Yukon First Nation, when controlling access to Designated Heritage Sites, shall consider:

13.8.5.1 the interests of permitted researchers;

13.8.5.2 the interest of the general public; and

13.8.5.3 the requirements of special events and traditional activities.

CROSS REFERENCED CLAUSES:
10.5.1, 10.5.2, 13.8.1 (all), 13.8.2, 13.8.3.2, 13.8.3.3

PLANNING ASSUMPTION:

1. Responsibility for monitoring and enforcement of access to Designated Heritage Sites will be addressed in the management plans.

OBLIGATIONS ADDRESSED:

13.8.7.1 A Person who accidentally discovers a Heritage Resource on Kwanlin Dun First Nation Settlement Land shall take such steps as are reasonable in all the circumstances to safeguard the Heritage Resource and shall report as soon as practicable that discovery to the Kwanlin Dun First Nation.

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

13.8.7.3 A Person described in 13.8.7.1 who is exercising a right of access or a right to use Kwanlin Dun First Nation Settlement Land provided for in this Agreement shall not further disturb a Heritage Site or a Moveable Heritage Resource unless permitted by Laws of General Application, and that Person obtains:

1. the consent of the Kwanlin Dun First Nation; or
2. failing consent, an order of the Surface Rights Board setting out the terms and conditions of further disturbing the Heritage Site or Moveable Heritage Resource.

CROSS REFERENCED CLAUSES:
13.4.1, 13.4.2, 13.8.7.4

Planning Assumptions:

1. The Parties will undertake to share advance drafts of material intended for public distribution relating to the accidental discovery of Heritage Resources on KDFN Settlement Land, and to include mutually acceptable material in any publications containing information dealing with activities which may result in the accidental discovery of a Heritage Resource.
2. Where practicable, material published shall include descriptive cultural information to facilitate recognition of a Heritage Resource.

OBLIGATIONS ADDRESSED:

13.8.7.4 The Kwanlin Dun First Nation shall report to Government, as soon as practicable, the discovery on Kwanlin Dun First Nation Settlement Land of any Documentary Heritage Resource reported to it under 13.8.7.1.

13.8.7.5 Government and the Kwanlin Dun 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.

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

CROSS REFERENCED CLAUSES:
13.4.1, 13.4.2, 13.8.7.1, 26.3.0 (all)

OBLIGATIONS ADDRESSED:

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

13.9.1.1 restrict access to Yukon First Nation Burial Sites to preserve the dignity of the Yukon First Nation Burial Sites;

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

CROSS REFERENCED CLAUSES:
13.4.1, 13.4.2, 13.9.2

PLANNING ASSUMPTIONS:

1. The Parties will undertake to share advance drafts of material intended for public distribution relating to the accidental discovery of KDFN Burial Sites, and to include mutually acceptable material in any publications containing information dealing with activities which may result in the accidental discovery of a KDFN Burial Site.
2. Where practicable, material published shall include descriptive cultural information to facilitate recognition of a KDFN Burial Site.

OBLIGATIONS ADDRESSED:

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

13.9.1.1 restrict access to Yukon First Nation Burial Sites to preserve the dignity of the Yukon First Nation Burial Sites;

13.9.1.2 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

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

CROSS REFERENCED CLAUSES:
13.4.1, 13.4.2, 13.9.2

PLANNING ASSUMPTIONS:

1. During the development of procedures, the parties will exchange information on any known burial sites within KDFN Traditional Territory.
2. The Parties will undertake to share advance drafts of material intended for public distribution relating to the accidental discovery of KDFN Burial Sites, and to include mutually acceptable material in any publications containing information dealing with activities which may result in the accidental discovery of a KDFN Burial Site.
3. Where practicable, material published shall include descriptive cultural information to facilitate recognition of a KDFN Burial Site.

OBLIGATIONS ADDRESSED:

13.9.2 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 in whose Traditional Territory the Yukon First Nation Burial Site is located.

13.9.3 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 Yukon First Nation Burial Site may be further disturbed.

CROSS REFERENCED CLAUSES:
13.9.1 (all), 26.7.0 (all)

OBLIGATIONS ADDRESSED:

13.9.4 Any exhumation, examination, and reburial of human remains from a Yukon First Nation Burial Site ordered by an arbitrator under 13.9.3 shall be done by, or under the supervision of, that Yukon First Nation.

13.9.5 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 at the discretion of the affected Yukon First Nation.

CROSS REFERENCED CLAUSES:
13.9.1 (all), 13.9.2, 13.9.3

OBLIGATIONS ADDRESSED:

13.10.2 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.

CROSS REFERENCED CLAUSES:
2.7.1, 13.4.8

OBLIGATIONS ADDRESSED:

13.10.3 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.

CROSS REFERENCED CLAUSES:
13.4.5

PLANNING ASSUMPTION:

1. The arrangements and procedures for Consultation will include provision for revising these arrangements and procedures from time to time.

OBLIGATIONS ADDRESSED:

13.10.4 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.

CROSS REFERENCED CLAUSES:
13.3.1, 13.3.2, 13.4.1, 13.4.3, 13.4.7, 13.10.2, 13.10.3, 13.10.7

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 YFN collections when originals remain in Government custody.
2. The Parties agree that Government's ability to notify KDFN of Government's existing and anticipated arrangements and plans for managing Documentary Heritage Resources relating to Kwanlin Dun which are not held by Government may be subject to limitations imposed or indicated by the holders of the Documentary Heritage Resources.
3. If Elders are to be involved in the interpretation of Documentary Heritage Resources relating to Yukon Indian People, then translations of Documentary Heritage Resources may be required.

OBLIGATIONS ADDRESSED:

13.10.5 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.

CROSS REFERENCED CLAUSES:
13.3.1, 13.3.2, 13.4.1, 13.4.3, 13.4.7, 13.10.2, 13.10.3, 13.10.7

PLANNING ASSUMPTIONS:

1. Copies of inventories of Documentary Heritage Resources relating to Yukon Indian People will be made available to YFNs as agreed to by the parties.
2. If Elders are to be involved in the interpretation of Documentary Heritage Resources relating to Yukon Indian People, then translations of Documentary Heritage Resources may be required.

OBLIGATIONS ADDRESSED:

13.11.2 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.

CROSS REFERENCED CLAUSES:
13.4.1, 13.4.2, 13.11.1, 13.11.4

OBLIGATIONS ADDRESSED:

13.11.3 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.

13.11.4 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.

CROSS REFERENCED CLAUSES:
13.4.1, 13.4.2, 13.11.1

PLANNING ASSUMPTION:

1. These activities are intended to apply to any official Federal Government maps or databases that are authorized through the Geographic Names Board of Canada.

OBLIGATIONS ADDRESSED:

13.12.1.1 Government shall provide written notice to the Kwanlin Dun First Nation of any public tender for contracts associated with the management of a Designated Heritage Site directly related to the history or culture of Kwanlin Dun within the Traditional Territory of the Kwanlin Dun First Nation.

13.12.1.2 Government shall include the Kwanlin Dun First Nation in any invitational tender for contracts associated with the management of a Designated Heritage Site directly related to the history or culture of Kwanlin Dun within the Traditional Territory of the Kwanlin Dun First Nation.

13.12.1.3 The Kwanlin Dun First Nation shall have the first opportunity to accept any contract offered by Government, other than by public or invitational tender, associated with the management of a Designated Heritage Site directly related to the history or culture of Kwanlin Dun within the Traditional Territory of the Kwanlin Dun First Nation upon the same terms and conditions as would be offered to others.

13.12.1.4 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.

13.12.1.5 Any failure to include the Kwanlin Dun First Nation in any invitational tender for contracts pursuant to 13.12.1.2 shall not affect the invitational tender process or the contract awards resulting therefrom.

13.12.1.6 Any failure to provide a first opportunity pursuant to 13.12.1.3 shall not affect any contract entered into associated with the management of a Designated Heritage Site directly related to the history or culture of Kwanlin Dun within the Traditional Territory of the Kwanlin Dun First Nation.

CROSS REFERENCED CLAUSES:
Chapter 2 Schedule B 4.1; 22.5.10, 13.12.1.9

OBLIGATIONS ADDRESSED:

13.12.1.7 Government shall include in any contract opportunities associated with the management of a Designated Heritage Site directly related to the history or culture of Kwanlin Dun within the Traditional Territory of the Kwanlin Dun First Nation:

1. a criterion for the employment of Kwanlin Dun or engagement of Kwanlin Dun Firms; and
2. a criterion for special knowledge or experience of Kwanlin Dun related to the Designated Heritage Site.

13.12.1.8 Nothing in 13.12.1.7 shall be construed to mean that a criterion for employment of Kwanlin Dun or engagement of Kwanlin Dun Firms or for special knowledge or experience of Kwanlin Dun shall be the determining criterion in awarding any contract.

CROSS REFERENCED CLAUSES:
Chapter 2 Schedule B 4.1; 13.12.1.1, 13.12.1.2, 13.12.1.9

PLANNING ASSUMPTION:

1. Government retains ultimate responsibility for contracting associated with Designated Heritage Sites.

OBLIGATIONS ADDRESSED:

Chapter 13 Schedule A

1.1 The Yukon and the Kwanlin Dun First Nation, in consultation with such organizations as they consider appropriate, may develop measures intended to achieve the objective set out in 13.1.1.2 in respect of the Southern Tutchone and Tagish languages and the oral histories, including legends, and cultural knowledge of Kwanlin Dun.

1.2 The measures referred to in 1.1 may include:

1.2.1 language plans;

1.2.2 the recording of oral history and culture;

1.2.3 methods for the implementation of the measures developed;

1.2.4 provisions for the review and amendment of the measures developed; and

1.2.5 identification of resources to implement the measures developed.

1.3 To the extent practicable, the Yukon and the Kwanlin Dun First Nation shall use regional or territory-wide forums that may exist from time to time to develop the measures referred to in 1.2 and to the extent that it is not practicable may develop the measures in local forums in the Traditional Territory of the Kwanlin Dun First Nation.

1.4 Subject to appropriation of funds for those purposes, the Yukon shall implement the language plans and other measures to which it has agreed.

1.5 Subject to availability of funds for those purposes, the Kwanlin Dun First Nation shall implement the language plans and other measures to which it has agreed.

1.6 The measures referred to in 1.1 to 1.5 shall address any assumption of responsibility by the Kwanlin Dun First Nation for the management, administration, and delivery of any program or service of the Yukon relating to aboriginal languages.

CROSS REFERENCED CLAUSES:
13.1.1.2

OBLIGATIONS ADDRESSED:

Chapter 13 Schedule B

1.0 Definitions

In this schedule, the following definitions shall apply:

"Canyon City Historic Site" means the historic site established by the Yukon under the Historic Resources Act, R.S.Y. 2002, c. 109 in respect of the Area, excluding the mines and minerals and the right to work the mines and minerals, in, on or under the Area, in accordance with 2.2 of this schedule.

2.1 The Yukon shall designate the Area, excluding the mines and minerals, in, on or under the Area, as an historic site under the Historic Resources Act, R.S.Y. 2002, c.109, as soon as practicable after the Effective Date of this Agreement.

2.2 For greater certainty, the Canyon City Historic Site does not include the mines and minerals in, on or under the Area or the right to work the mines and minerals.

2.3 Historic site designation under the Historic Resources Act, R.S.Y. 2002, c. 109 shall not be removed from any lands forming part of the Canyon City Historic Site without the consent of the Yukon and the Kwanlin Dun First Nation.

CROSS REFERENCED CLAUSES:
13.4.6.5, 13.5.3.9, Chapter 13 Schedule B 2.4, 2.5, 2.6, 2.7, 2.8

OBLIGATIONS ADDRESSED:

Chapter 13 Schedule B

3.1 A steering committee shall be established as soon as practicable after the Effective Date of this Agreement to prepare and recommend a management plan for the Canyon City Historic Site.

3.2 The steering committee shall be comprised of four members, of whom two shall be designated by the Yukon and two designated by the Kwanlin Dun First Nation.

CROSS REFERENCED CLAUSES:
None identified

OBLIGATIONS ADDRESSED:

Chapter 13 Schedule B

4.1 The steering committee shall endeavour to recommend a management plan to the Yukon and the Kwanlin Dun First Nation within 5 years of its establishment.

4.2 The preparation of the management plan for Canyon City Historic Site shall be guided by the following principles:

4.2.1 the protection, conservation and interpretation of the Heritage Resources at Canyon City Historic Site related to the Klondike Gold Rush and related to the culture and history of Kwanlin Dun in accordance with national and international standards, where appropriate; and

4.2.2 encouragement of public awareness of and appreciation for the natural and cultural resources of Canyon City Historic Site.

4.3 The steering committee shall consider and the management plan may address:

4.3.1 development of Canyon City Historic Site;

4.3.2 administration, operation and maintenance of Canyon City Historic Site;

4.3.3 traditional use of the Area by the Kwanlin Dun First Nation and Kwanlin Dun;

4.3.4 current use of the Area by Kwanlin Dun and other Yukon residents;

4.3.5 archaeological resources;

4.3.6 visitor access and services;

4.3.7 security and safety;

4.3.8 research and interpretation;

4.3.9 identification of economic opportunities associated with management and use of Canyon City Historic Site;

4.3.10 identification of training opportunities associated with Canyon City Historic Site research and interpretation;

4.3.11 public education with respect to Heritage Resources at Canyon City Historic Site; and

4.3.12 any other matters that the Yukon and the Kwanlin Dun First Nation may jointly request the management committee to consider.

4.4 The preparation of the management plan shall include a process for public consultation.

4.5 When preparing a management plan, the steering committee shall consider use of the surrounding area with a view to minimizing any inconsistencies between that use and the management plan.

4.6 The steering committee may refer a proposed management plan to the Yukon Heritage Resources Board for its review and recommendations.

CROSS REFERENCED CLAUSES:
13.8.1.6, Chapter 13 Schedule B 5.1

OBLIGATIONS ADDRESSED:

Chapter 13 Schedule B

5.1 Within 90 days of receipt of a proposed management plan from the steering committee, the Yukon and the Kwanlin Dun First Nation shall jointly review the provisions set out therein and shall make reasonable efforts to reach a consensus as to the provisions to be included in the management plan.

5.2 If the Yukon and the Kwanlin Dun First Nation are unable to reach a consensus under 5.1, either may refer the matter to the dispute resolution process under 26.4.0.

5.3 If the matter referred to the dispute resolution process under 5.2 is not resolved, theMinister may accept, vary or set aside the provisions set out in the proposed management plan and the decision of theMinister as to the provisions to be included in the management plan shall be forwarded to the Kwanlin Dun First Nation.

CROSS REFERENCED CLAUSES:
26.4.0

OBLIGATIONS ADDRESSED:

Chapter 13 Schedule B

6.1 Canyon City Historic Site shall be managed in accordance with the Historic Resources Act, R.S.Y. 2002, c.109 and the Approved Management Plan.

6.2 Prior to the implementation of the Approved Management Plan, Canyon City Historic Site shall be managed, to the extent practicable, in accordance with the principles set out in 4.2 of this schedule.

6.3 The Yukon and the Kwanlin Dun First Nation shall consider and may develop mechanisms or enter into agreements to facilitate co-operative implementation and monitoring of the Approved Management Plan.

CROSS REFERENCED CLAUSES:
Chapter 13 Schedule B 4.2

OBLIGATIONS ADDRESSED:

Chapter 13 Schedule B

7.1 The Yukon and the Kwanlin Dun First Nation shall review the Approved Management Plan no later than five years after its initial approval and no later than every 10 years thereafter.

7.2 Review of the Approved Management Plan shall include a process for public consultation.

7.3 Amendments to the Approved Management Plan shall follow a process based on 5.0.

CROSS REFERENCED CLAUSES:
Chapter 13 Schedule B 5.0 (all)

OBLIGATIONS ADDRESSED:

Chapter 13 Schedule B

8.1 The Yukon shall provide written notice to the Kwanlin Dun First Nation of any public tender for contracts associated with the management of Canyon City Historic Site.

8.4 Any failure to provide written notice pursuant to 8.1 shall not affect the public tender process or the contract awards resulting therefrom.

8.7 The Yukon shall include a criterion for employment of Kwanlin Dun or engagement of Kwanlin Dun Firms in any contract opportunities associated with the management of Canyon City Historic Site.

CROSS REFERENCED CLAUSES:
None identified

OBLIGATIONS ADDRESSED:

Chapter 13 Schedule B

8.2 The Yukon shall include the Kwanlin Dun First Nation in any invitational tender for contracts associated with the management of Canyon City Historic Site.

8.5 Any failure to include the Kwanlin Dun First Nation in any invitational tender for contracts pursuant to 8.2 shall not affect the invitational tender process or the contract awards resulting therefrom.

8.7 The Yukon shall include a criterion for employment of Kwanlin Dun or engagement of Kwanlin Dun Firms in any contract opportunities associated with the management of Canyon City Historic Site.

CROSS REFERENCED CLAUSES:
None identified

OBLIGATIONS ADDRESSED:

Chapter 13 Schedule B

8.3 The Kwanlin Dun First Nation shall have the first opportunity to accept any contract offered by the Yukon, other than by public or invitational tender, associated with the management of Canyon City Historic Site upon the same terms and conditions as would be offered to others.

8.6 Any failure to provide a first opportunity pursuant to 8.3 shall not affect any contract entered into associated with the management of Canyon City Historic Site.

8.7 The Yukon shall include a criterion for employment of Kwanlin Dun or engagement of Kwanlin Dun Firms in any contract opportunities associated with the management of Canyon City Historic Site.

CROSS REFERENCED CLAUSES:
None identified

OBLIGATIONS ADDRESSED:

Chapter 13 Schedule C

2.1 the Working Group shall be an intergovernmental body composed of one representative from each of the Kwanlin Dun First Nation, Canada and the Yukon.

2.2 The parties shall invite the City of Whitehorse to also appoint a representative to the Working Group.

2.3 the Working Group may consult with other organizations with an interest in the historic and cultural values of the Whitehorse waterfront in order to facilitate mutual cooperation and coordination.

2.4 Each entity appointing a representative to the Working Group shall fund the participation of its own representative.

CROSS REFERENCED CLAUSES:
Chapter 13 Schedule C 1.1

PLANNING ASSUMPTIONS:

1. Each party or organization shall fund the participation of its own representative in the Working Group.
2. The Department of Canadian Heritage will assume the lead role for Canada on the Waterfront Heritage Working Group.

OBLIGATIONS ADDRESSED:

Chapter 13 Schedule C

3.1 the Working Group shall prepare a work plan and budget for the preparation of the History and development of the Plan, subject to review and approval by Canada. The approved expenses shall be a charge on Canada.

3.2 the Working Group may refer its draft History and Plan to the Yukon Heritage Resources Board for its review and comments.

3.3 the Working Group shall endeavour to complete the draft History and Plan within three years of the date upon which it was established, and shall refer them to their principals for review and approval.

CROSS REFERENCED CLAUSES:
None identified

PLANNING ASSUMPTIONS:

1. As referenced in 4.2 of the FAIP, Canada, through Indian and Northern Affairs Canada, shall provide $650,000 (2002 constant dollars) through a contribution agreement to KDFN, in respect of the work identified in the work plan and budget approved by the Working Group for submission to Canada by KDFN. the Working Group will develop an agreed-to report relating to the work of the Working Group, which KDFN will submit to INAC for approval. KDFN will be responsible for financial reporting. The payment of this amount represents the fulfilment of Canada's obligation to provide funding for this project. If the project is completed in accordance with the workplan using less than this amount, Canada's obligations will be deemed to be fulfilled.
2. The Department of Canadian Heritage will assume the lead role for Canada on the Working Group.

OBLIGATIONS ADDRESSED:

Chapter 13 Schedule C

4.1 Within 90 days of receipt of the draft History and Plan, the Kwanlin Dun First Nation, Canada and the Yukon, and the City of Whitehorse if it appointed a representative to the Working Group, shall jointly review the same with a view to reaching consensus as to the provisions to be included in the approved History and Plan.

4.2 Unless otherwise agreed by the parties to this Agreement, if consensus is not reached under 4.1, Canada and the Kwanlin Dun First Nation may jointly accept, vary or set aside the provisions set out in the draft History and Plan from the Working Group.

4.3 The decision of Canada and the Kwanlin Dun First Nation as to the provisions to be included in the approved History and Plan shall be forwarded to the Yukon, and to the City of Whitehorse if it appointed a representative to the Working Group, in writing.

CROSS REFERENCED CLAUSES:
Chapter 13 Schedule C 4.4

PLANNING ASSUMPTIONS:

1. As referenced in 4.2 of the FAIP, Canada, through Indian and Northern Affairs Canada, shall provide $650,000 (2002 constant dollars) through a contribution agreement to KDFN, in respect of the work identified in the work plan and budget approved by the Working Group for submission to Canada by KDFN. the Working Group will develop an agreed-to report relating to the work of the Working Group, which KDFN will submit to INAC for approval. KDFN will be responsible for financial reporting. The payment of this amount represents the fulfilment of Canada's obligation to provide funding for this project. If the project is completed in accordance with the workplan using less than this amount, Canada's obligations will be deemed to be fulfilled.
2. The Department of Canadian Heritage will assume the lead role for Canada on the Working Group.

OBLIGATIONS ADDRESSED:

Chapter 13 Schedule C

5.1 the Working Group shall prepare and submit to Canada for its review and approval a two year work plan and budget for implementing the approved Plan, or portions thereof, including identifying any existing programs or other opportunities for attracting funding that could be used for implementing portions of the Plan. The approved expenses shall be a charge on Canada.

5.2 the Working Group shall direct and oversee implementation of the approved Plan in accordance with the work plan and budget approved by Canada.

5.3 Except as provided in 5.1, nothing in 4.0 shall be construed to commit any of the entities appointing representatives to the Working Group to provide financial or other resources to implement the Plan.

5.4 The Kwanlin Dun First Nation, Canada, the Yukon, and the City of Whitehorse if it appointed a representative to the Working Group, or any of them, may develop mechanisms or enter into agreements to facilitate cooperative implementation of the Plan or portions thereof.

CROSS REFERENCED CLAUSES:
Chapter 13 Schedule C 5.5

PLANNING ASSUMPTION:

1. As referenced in 4.2 of the FAIP, Canada, through Indian and Northern Affairs Canada, shall provide $650,000 (2002 constant dollars) through a contribution agreement to KDFN, in respect of the work identified in the work plan and budget approved by the Working Group for submission to Canada by KDFN. the Working Group will develop an agreed-to report relating to the work of the Working Group, which KDFN will submit to INAC for approval. KDFN will be responsible for financial reporting. The payment of this amount represents the fulfilment of Canada's obligation to provide funding for this project. If the project is completed in accordance with the workplan using less than this amount, Canada's obligations will be deemed to be fulfilled.
2. The Department of Canadian Heritage will assume the lead role for Canada on the Working Group.

OBLIGATIONS ADDRESSED:

14.7.4 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.

CROSS REFERENCED CLAUSES:
14.7.3

PLANNING ASSUMPTION:

1. It is expected that the Yukon Water Board is aware of its obligation pursuant to this provision.

OBLIGATIONS ADDRESSED:

14.7.5 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.

CROSS REFERENCED CLAUSES:
14.7.1, 14.7.3, 14.7.6, 14.12.0 (all)

OBLIGATIONS ADDRESSED:

14.7.8 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.

CROSS REFERENCED CLAUSES:
14.7.3, 14.11.0 (all), 14.12.0 (all)

PLANNING ASSUMPTION:

1. Any subsequent replacement or renewal of a Licence described in 14.7.3 will be consistent with the operation of this chapter.

OBLIGATIONS ADDRESSED:

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

14.10.2 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.

CROSS REFERENCED CLAUSES:
None identified

PLANNING ASSUMPTIONS:

1. Once negotiations have been established with another jurisdiction, affected YFNs 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 YFNs 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 YFNs in the briefing and preparation for negotiations and in the negotiation sessions.