Ministerial Amendment to the First Nation of Nacho Nyak Dun Final Agreement

The First Nation of Nacho Nyak Dun and the Government of Yukon agreed on April 9, 2018 and May 14, 2018 respectively to exchange a parcel of Crown land for Settlement land pursuant to 9.6.1 of the First Nation of Nacho Nyak Dun Final Agreement.

In particular, Government of Yukon agreed to transfer to First Nation of Nacho Nyak Dun the fee simple interest in Lot 1113, Quad 105 M/12 on Plan 101299 CLSR, 2012-0208 LTO, reserving therefrom the Mines and Minerals and the Right to Work the Mines and Minerals but including the Specified Substances Right, as defined in the First Nation of Nacho Nyak Dun Final Agreement ("Parcel A"), the transfer being made pursuant to the Yukon Act (Canada), S.C. 2002, c.7, the Yukon First Nations Land Claims Settlement Act (Canada) S.C. 1994, c.34 and the Act Approving Yukon Land Claims Agreements (Yukon), R.S.Y. 2002, c.240 and s.9.6.1 of the First Nation of Nacho Nyak Dun Final Agreement.

In exchange, First Nation of Nacho Nyak Dun agreed to grant to Government of Yukon the fee simple interest, including the Specified Substances as that term is defined in the First Nation of Nacho Nyak Dun Final Agreement, in Lot 1114, Quad 105 M/12 on Plan 101300 CLSR, 2012-0209 LTO ("Parcel B"), the exchange and grant being made pursuant to the Yukon First Nations Land Claims Settlement Act (Canada) S.C. 1994, c.34 and the Act Approving Yukon Land Claims Agreements (Yukon), R.S.Y. 2002, c.240, s. 5.10.1.3 and s.9.6.1 of the First Nation of Nacho Nyak Dun Final Agreement.

The Government of Canada, Government of Yukon and First Nation of Nacho Nyak Dun further consented to amend the First Nation of Nacho Nyak Dun Final Agreement to reflect the exchange, adding Parcel A as Settlement Land and removing Parcel B. As the Crown land (Parcel A) and the Settlement Land (Parcel B) exchanged are of equivalent area the exchange does not result in an increase or decrease of the Settlement Land amount provided to First Nation of Nacho Nyak Dun in the First Nation of Nacho Nyak Dun Final Agreement.

The above noted commitments are reflected in an Agreement respecting the Parcel C-7B and C-55FS 9.6.1 Land Exchange and Final Agreement Amendment. The resulting amendments, which are set out below, came into force on September 19, 2018.

The Settlement Land Descriptions of the First Nation of Nacho Nyak Dun shown in Appendix A - Settlement Land Descriptions of the First Nation of Nacho Nyak Dun Final Agreement is amended by adding the following description of a new parcel, immediately following the parcel description of parcel C-54B:

C-55FS Fee Simple, comprising Lot 1113, Quad 105 M/12, Plan 101299 CLSR, 2012-0208 LTO, subject to the following Special Conditions:

• a fifteen meter wide easement in respect of an existing Yukon Energy Corporation utility line as shown on Explanatory Plan of Powerline Easement on Plan 101299 CLSR, 2012-0208 LTO,
• the provisions of the Agreement respecting the Parcel C-7B and C- 55FS 9.6.1 Land Exchange and Final Agreement Amendment ,

having an area of 40.0 hectares, more or less.

The Settlement Land Descriptions of the First Nation of Nacho Nyak Dun shown in Appendix A - Settlement Land Descriptions of the First Nation of Nacho Nyak Dun Final Agreement is amended by deleting the Appendix A Land Description for Parcel C-7B and replacing it with the following description:

C-7B Category B, comprising Lot 1076, Quad 105 M/12, Plan 82307 CLSR, 99-0045 LTO, not including:

That portion of land included in the Agreement respecting the Parcel C-7B and C- 55FS 9.6.1 Land Exchange and Final Agreement Amendment, comprising Lot 1114, Quad 105 M/12, Plan 101300 CLSR, 2012-0209 LTO; Parcel C-52FS/D;

subject to the following Special Condition:

• Airport Zoning Controls shall apply,

having an area of 745 hectares, more or less.