Ministerial amendment to the Tr'ondëk Hwëch'in Final Agreement
Canada
Whereas:
Tr'ondëk Hwëch'in, Government of Yukon and the Government of Canada wish to amend the Tr'ondëk Hwëch'in Final Agreement so that the lot in the City of Dawson known as the "Cassiar Property" becomes Tr'ondëk Hwëch'in Settlement Land, Parcel C-95FS/D;
Tr'ondëk Hwëch'in will transfer an equivalent amount of Settlement Land to the Government of Yukon on the date that the Cassiar Property becomes Settlement Land through the adjustment of the boundary of Tr'ondëk Hwëch'in Settlement Land Parcel R-64B;
Pursuant to 2.3.5.3 of the Tr'ondëk Hwëch'in Final Agreement, Tr'ondëk Hwëch'in has consented to these amendments by Resolution 2016-11-26-02 dated November 26, 2016;
Pursuant to 2.3.5.2 of the Tr'ondëk Hwëch'in Final Agreement, the Yukon, by the Commissioner in Executive Council, consented to the amendments by way of Order-In-Council 2018/72 dated April 18, 2018; and
Pursuant to 2.3.5.1 (a) of the Tr'ondëk Hwëch'in Final Agreement the Minister of Indian Affairs and Northern Development may consent, on behalf of Canada, to any amendment to 5.3.1 and Appendix A – Settlement Land Descriptions;
Therefore,
By way of signature below, I consent on behalf of Canada to the amendment of the Tr'ondëk Hwëch'in Final Agreement identified in Schedule A of this document, and upon the date of my signature, the Tr'ondëk Hwëch'in Final Agreement shall be amended.
I, ______________________________, Minister of Indian Affairs and Northern Development, hereby consent on behalf of Canada to the amendment to the Tr'ondëk Hwëch'in Final Agreement as identified in Schedule A of this document.
__________________________________________
Minister of Indian Affairs and Northern Development
Dated the _________ day of ____________________, 2018.
Appendix A, Settlement Land Descriptions of the Tr'ondëk Hwëch'in Final Agreement is amended by adding the following immediately after the entry for C-94FS/D:
C-95FS/D (2018)
Category Fee Simple, Developed, being Lot 32, Block A, Ladue Estate, City of Dawson, Plan 88346 CLSR, 2004-0004 LTO having an area of 504 m2 as shown on Plan 88346 CLSR, 2004-0004 LTO,
subject to:
- Easement Plan 89-55
provided that:
- The owner registered in the Land Titles Office transfers all right, title and interest to Lot 32, Block A, Ladue Estate, City of Dawson, Plan 88346 CLSR, 2004-0004 LTO to the Tr'ondëk Hwëch'in or the existing title is otherwise cancelled and replaced by that of the Tr'ondëk Hwëch'in, failing which this Parcel shall not become Tr'ondëk Hwëch'in Settlement Land.
Notation:
- The reference to (2018) is to signify that this amendment was executed pursuant to 2.3.4 in 2018. This addition was accounted for pursuant to the adjustment process set out in 15.6.2 in relation to Settlement Land Parcel R-64B.
Appendix A, Settlement Land Descriptions of the Tr'ondëk Hwëch'in Final Agreement is amended by adding the following bullet immediately before the reference to "having an area of approximately 289.1 square kilometres" in the entry for R-64B:
- (2018) In relation to the addition of C-95FS/D (2018) to Appendix A, the parties have agreed that the adjustment is so small that a resurvey need not be undertaken.
5.3.1 of the Tr'ondëk Hwëch'in Final Agreement is amended by adding the following immediately following Specific Provision 5.3.1.2:
5.3.1.3 For the purposes of C-95FS/D (2018), on the day that parcel becomes Settlement Land, Plan 88346 CLSR, 2004-0004 LTO will be deemed to form part of the maps of Settlement Land referred to in 5.3.1 for the purposes of that parcel.